Re: Maybe an example would help...

[ Read Follow-ups ] [ Post Follow-up ] [ Custody Reform Discussion Board ] [ FAQ ]

Posted by:

Clark

on September 01, 2005 at 10:44:02:

Ok Frank:

You nearly reporterd my case as it happened word for word. BIC is on the books and it didnt help one litle bit. The New Mexico Judge simply iggnored the facts brought out in the California hearing and told me I would have to prove it to her. I'm standing there in court with the fully certified change of custody order in my hand expecting the New Mexico judge to hornor it because it met all of the requirements to be inforced as a sister state judgement. The New Mexico Judge simply stated she disagreed with the California Judges ruling and would declare an emergency to take juisdiction of the case and write her own orders. the New Mexico judge iggnored nearly all of my legal quotes and objections and had them edited out of the transcript of the hearing and refused to hear a properly filed motion objecting to the imposing of jurisdiction and the declaring of an emergency, refused to allow me an extention of time to recover my documentation to present my case and ordered me to stay in Albuquerque over night for the hearing she ordered for the next day. Under New Mexico law, I am the only one that could request an extention of time to prepare the case. In the hearing of the next day the judge forced me to stop testifying because I was making to many legal points she didn't want to hear or have to remove from the transcript. New Mexico law specifically states that the judge is required to enforce a sister state order with out exercise of any discretion. The New Mexico Judge is not permitted to order a new trial of a case that has been ajudicated in another state. furthermore the New Mexico law requires atleast one party to the issue be a resident of the state for no less than six months and must qualifiy as an original court under the rules of having the original case file in posession of the court by proper motion to transfer the original case file for a proper change of jurisdiction. It further states that an enfoircing coiurt is required to contact the original decree court if the enforcing court wishes to write any temporary orders and that all matters must be refered to the issueing, original decree court. None of this occurre, the new Mexico Judge simply stated she was taking jurisdiction and if I didnt like it I could file an appeal. This all took place within 72 hours of the California courts ruling. What ever happened to the rules governing Vacuum Jurisdiction, Change of Jurisdiction Six Months residency requirements, Original decree court Jurisdiction, Home state Jurisdiction and Jurisdiction by mutual contract in the divorce decree?

My daughter was moved 9 times in 4 years she did fail the fourth grade, her mother violated the court order requiring her to place our child in summer school rwo consecutive years. Her mother made every effort to deny me access to our childs school records. My daughter did ask me to get custody of her for the exact reasons you stated and many more. the California court agreed with me, six serious issues of contempt and iggnoring legal service for the hearing were valid concerns of the court and it changed custody by default for her failure to appear or make any effort to contact the court for more than 120 days, she even iggnored the courts mediator service for request to mediate and never has filed a notice of change of address with the California court. She moved 5 times in Colorado and changing our daughters school three times in two years. she move to New mexico and had three different addresses in six months and changed our daughters school twice. durring all of theses moves and during all of this time she was leaving our 9 year old daughter alone without any adult supervision for extended periods of time up to ten hours in length. she is now on husband number 5, the second marriage in 3 years. My daughter was registered in school as adopted, at each achool. I had to drive to each school in preson and deliver certified copies of the joint custody order to gain access to our daughters school and information. Everytime I got it straightened out she moved again. She continually tried to get me arrested for violating the temporary restraining order that was denied on her own testimony. she carried a copy of the original order with her. I had to carry a copy of the denial order with me.

The Ault Colorado Police department wanted to enforce the invalid order and arrest me for a violation and I told them to just try, they backed off. She now only marries men with badges. In Ault it was a fire fighter, in New Mexico it is a corrections officer. She married me for money and got away with 216,000 dollars cash. She stoled all of the childrens college accounts and got caught pilfering my daughters SSI benefits. She hates my ability to document every issue because I catch her in every lie she tells and she is a habitual liar. I have absolute positive proof of nine issues of perjury in court and nothing has ever been done to her. I have absolute positive proof of three felony counts and the police refuse to let me file charges or take a complaint. Why , our joint custody split is 70/30 the maximum the court can claim for matching funds. BIC has nothing to do with it beyond allowing the court to do anything it wants and iggnoring all other laws. There are no less than 18 laws being violated by each of the courts involved with this case including denial of due process, violation of civil rights and violation of parental rights. All criminal acts under color of law.




Follow Ups:



Post a Followup:

Name / Nickname:
Email:

Subject:

Comments:

[ Read Follow-ups ] [ Post Follow-up ] [ Custody Reform Discussion Board ] [ FAQ ]