I am truly very disappointed in the circuit court's decision after having my hopes in the justice system restored at the last hearing in the County Circuit Courts. I was in hopes that the judge would see through this façade and realize that my ex-wife and her boyfriend are abusing the court system, knowing that they will not face any criminal charges for kidnapping or custodial interference and the courts will do nothing.

I went so far with my faith of seeing my son again; that I ran out and purchased a Christmas tree, decorations and gifts in hopes that he just may be home for Christmas this year. I had to return all of that to the stores today and hung my head in shame for my wishful thinking. Once again, my optimism got the best of me and I was fooled again by life's brutal reality.

My ex-wife divorced me in May 2008, at which time she was awarded full custody on her terms and I was awarded parenting time on her terms. Since that time, she has willfully disobeyed the parenting time order and even the parenting time enforcement order by refusing to ever allow me any parenting time in violation of my rights as the father of the child.

The courts issued an order for her not to remove the child from the state until the hearing was settled, she had her boyfriend take the child, kicking and screaming, crying and traumatized, away from me and they moved to another state. They did not give the court any order or notice that they would be locating and mailed me a notice to relocate with no move date and only five days before they relocated without proper or reasonable notice, another violation of the dissolution of marriage court order.

The notice did not state when they would be relocating, only that they would be relocating and gave an address and phone number. I contacted my ex-wife at that phone number and requested to see my son since she was just ordered the parenting time enforcement order to allow me to see my son. She just laughed at me and told me:"You had your chance", then hung up the phone. I called her back and asked if I could call her on Thursday to arrange for where we will meet to pick up my son for parenting time and she agreed. When I called back on Thursdays, she had already disconnected her phone, another violation of the court order regarding contact and contact information at all times.

I brought the matter back in front of the courts, in which they did not enforce the contempt for violation of parenting time, did not enforce the contempt for taking the child out of the state against the order to stay and the judge told her that he would allow her attorney to make a new "long distance" parenting time plan and I would have to abide by it. The judge told me that if I did not agree to any of the terms in the supplemental agreement, I was to speak out. I received the supplemental agreement signed by the judge without any knowledge beforehand that this was the final court ordered parenting time. I did not have any say in this supplemental plan and was not included in reaching this parenting plan.

Several contempt charges as well as two years have passed and I still have no idea how to find my son and have no way to contact him or his mother. I hired an investigator to find them, but so far, nothing has turned up except for her boyfriend's location. The circuit courts will do nothing about any of the contempt violations, nor will they change custody. Every time that I find my ex-wife and son, they move again. I was suppose to have visitation several times through the year, but was unable to exercise my rights upon realizing that the apartment that she stated was her physical address was vacant and she left no forwarding address or phone contact information. I sent her letters as well as court papers by certified registered mail and she would refuse all of the correspondence from me, even the court papers.

I was told today by the judge that if I want to continue, I will be ordered to hire an attorney as well as a private investigator to find my son and my ex-wife and serve her with the papers, even still, she will not lose custody of our son, nor will she be punished for any of the violations and contempt's of court. Why do fathers that try so hard to be in their children's lives have no rights when the mother breaks all court orders and the courts do nothing to the mother?

How can I get this case sent or moved to the Federal Courts? Her boyfriend "kidnapped" the child according to the sheriff's office and the mother of the child broke a court order by taking the child out of state, both are federal felonies, however, I cannot get my case to go anywhere in the circuit courts in my state. She willfully and knowingly has cut off any and all communication as well as refused to update her contact and residence to the courts, the Department of Justice - Child Support Program, as well as myself or her family members.

I have been taking this case before the circuit courts in my state, almost every single month since December 2008 and still I am unable to make any progress other than the courts postponing the hearings over and over and over without making a just ruling. I have the support of the District Attorney, Attorney General, Sherriff's Office and even the State Police if I can just get a judge to issue a writ of assistance and custody over to me.

Should I just give up and let her win or spend the rest of my life fighting the court system in hopes that someone will realize that the courts are not doing their job and assisting in tearing families apart? Currently, my son is living with his mother, who suffers from brain aneurisms, it is my opinion that this makes her a little unstable.

She is living with her boyfriend who has self-confessed to not only being bi-polar and refuses to take medication for his illness, he claims that the use of medical marijuana helps with his mood swings, but stated that his illness in very complicated. He also has self-confessed that he had and continues to have sex with the child's mother, with the child in the bed. He even bragged that he was admitting that he is a very controlling person. His exact words from his twitter were: "I admit that I am a control freak".

I located my child when she was hiding him from January 2008, until May 2008 and she filed a restraining order and stalking order against me to prevent me from exercising my parenting rights. When the courts dismissed both orders, she had her boyfriend physically take our son and they moved out of the state, even with a pending order to stay and not remove the child from the state.

I have honestly been in the court system and on the docket just about every month since December 2008 and nothing is being done, nobody is being held in contempt, no warrants are being issued for kidnapping and custodial interference and I am still trying my best to find some way to be a part of my son's life, but it seems the courts are working against me instead of with me, and no consideration is given for the best interest of the child.

I need an aggressive attorney that knows both federal and state family laws and also some suggestion on how I can get this case moved to the federal courts. I have not physically seen my son since January 29, 2009 and have no way of finding him at the present. I hired an investigator to find my ex-wife and my son, but there is very little information and no leads to go on. I am concerned about the child's present emotional and physical condition.

Every time I get my hopes built up by one judge, the next judge slaps me in the face and tears my hopes down. I honestly am so tired of fighting the courts just for what I already have, parenting rights to my own child, however, and the courts fail to see that the father needs to be in the child's life.

I need all the help that I can get, after five attorneys that just took my money and most did very little to nothing to help me, the sixth attorney said that I am wasting my time and money by hiring an attorney because the courts will never allow me to have custody of my own son and his mother will never face any contempt or criminal charges because the circuit court truly does not care about the best interest of the child.

I really miss my son, and not being able to hear his voice, see him or be a part of his life has given me the same grieving as if my child had passed away. It is much harder to try to understand when you know he is alive, but nobody is willing to help you be a part of his life and I feel I am being punished for being a father that wants to be a part of his life.

I will admit that the only thing that I did wrong in the divorce was to trust my ex-wife and allow her to get her way in the divorce and not contesting the divorce for the sake of our child. Now the courts and his mother are punishing me for trusting her and for trusting and having faith in the justice system. I have not committed any crime, but I am still being punished, not knowing if being a good husband and a good father is still legal in the USA.

Why do the circuit courts not see this? I have been filing petitions every single month with the circuit courts from December 2008 until today, December 2010 to get the privilege to be in my son's life, which is already my right as his father, but his mother keeps hiding him.

Oh no! The dreaded "wall of text"! ;)


...
How can I get this case sent or moved to the Federal Courts? Her boyfriend "kidnapped" the child according to the sheriff's office and the mother of the child broke a court order by taking the child out of state, both are federal felonies,
...

You can't remove a case to federal court unless you have a federal question. I don't see one here.

If you believe federal felonies have been committed, that would be up to the U.S. Attorney to prosecute. You would have to persuade them.

If your child has been kidnapped then you need to talk to the FBI. They are the ones with authority to handle such a thing. The only time you can rise above a court is when your on appeal process. When there is no ruling then there is nothing to appeal. If your filing paperwork on a monthly basis then the courts may feel your trying to abuse them no matter what your situation is. Your best bet is to follow a straight line. Also you have never had a bench warrant issued for her which I find curious. If she doesn't appear then they should issue a blanket warrant for her arrest. Its not about federal laws its about the law within the jusrisdiction of the home state. You need to turn this around. Your bumping timelines for the courts and that doesn't bode well in your situation.

First and foremost you need to find the mother so you can get things going again.

Hello P:

I love the "wall of text" description... It's accurate. Not that the story isn't important to you, but in terms of the legal questions, it's not important to us. Thank you for at least using paragraphs. Most of these walls go on for miles and miles with NOTHING in between the words.

Dad gave you the only advice there is... Go back to court. Yes, justice doesn't always happen the first time around. So what?

excon

I continuously request they enforce the orders and issue either a writ of assistance or warrant, however, they try to sway from doing anything to the mother of the child except for a slap on the wrist unless she commits a crime.

First, please don't use the Comments feature for follow-up, use the Answer options instead.

Second, the mother HAS committed a crime, she is violation of a valid court order. You mention "several contempt citations." If she failed to appear to answer a contempt citation a bench warrant should have automatically been issued.

And I bet you don't have an attorney, so most likely you are not wording things properly or filing things the way they have to be.

I find it hard to believe that you supposedly had 5 attorneys just take your money and do very little for you. If you are serious I would suggest you find the best possible divorce/child custody attorney you can afford. You know, a SHARK who goes for the jugglar vein in the neck. Had you retained that attorney you would have your child visiting you and the mother in jail. You need to ask around in your state and see just who is the ultimate best and go see them and be ready to pay big bucks. In all my years dealing with messy child custody cases the only time I've ever seen a shark lose is because he lost to an even bigger shark. Trying to do this on your own is only pissing off the Judge and that is definitely something you don't want to do (as you have done previously). Judges don't like to be "told" what to do by someone who is not an attorney. Also the onus is on you to hire a private eye and find her. Go retain the shark first. I'm sure he has a very good PI that he knows of as well. It's the only way to go.

You don't have any recourse to Federal Courts at this point. It is just a messy child custody matter in the County Court level.

Do talk to the FBI. They may or may not be interested. The fact that the boyfriend is bipolar and does drugs is totally irrelevant as well.

Find the shark and pay him and by all means listen to what this person tells you to do!!

Thank you to everyone for your comments and suggestions. Here is a brief update on my case:

Firstly, I did retain a SHARK attorney that cost more than I can possibly afford, but it is well worth it.
He is guiding me through the steps to take, assisting me the correct procedures and documentation.

Secondly, I hired a PI to follow my son, my ex-wife, and her boyfriend around, once they were located and find evidence to use in court.

Thirdly, the Legal System in the state that they are located cannot believe that Oregon did not ever bother to put a bench warrant out on either of them. Everything that they have done, warrants an arrest for violation of court orders, kidnapping and custodial interference, according to their legal system, which I was also told, should be the same in Oregon.

Finally, I am still unable to get very far in my own state in enforcing any laws or contempts for violations, however; the state in which they are located in more than willing to prosecute.

In conclusion, if they do not allow my parenting time for the fourth time, I may finally win the case.

Good for you. Some states take such things more seriously than others. Good luck and keep us posted.

I took this case back to court and got a judgment order served upon her to enforce the parenting time yet again, for the third time. She immediately followed up by serving me an "extend the protective order" to deter my parenting time again and assist her in gaining additional time to relocate the child again.

This has always been the case since her boyfriend {Identification removed} came into the picture and controlled her life and the life of my child. I think he is afraid if I see my son, I might find out that this man's own self-admission to sex crimes against my son may assist in his prosecution by a statement from my son.

I am motioning the court that there is no protective order in place and it was dismissed in May 2009 as well as they are violating the "double jeopardy" laws in Nevada of attempting to use evidence from December 2008 that was directed to a third-party family member and assumed as "venting" that was used in the first false protective order that has already been dismissed and closed.

The transcription of the so called alleged telephone threats include my son babbling and singing in the background which dismisses all evidence of threats of violence if she does not allow me to see my son. There were no direct threats to the mother of the child and it was all focused and vented towards members of her family to demand that they get involved in the case before the child is relocated and hidden, which has already happened now up to three times since December 1, 2008.

The mother, {Identification removed} and myself, also signed an agreement that we are aware that we cannot and will not reopen the file and attempt to use evidence in the past for future protective orders and that if anyone files a new protective order, it must be accompanied by current evidence and current events.

I have not had any contact for three years because she refuses to obey the court orders for contact, refuses to allow me parenting time and continues to relocate every time I attempt to practice my parenting rights.

Her bi-polar boyfriend, {Identification removed}, is the one that is filing all of these false charges, completing the forms and having her sign them under oath that they are in fact completed by her. I even have evidence that he used an assumed name of {removed} and claimed to be a victim of one of his online money scams. He assumed this false profile created online to contact me over the course of a month to get information out of me in regards to the case.

When I realized it was in fact him by his own personal choice of wording and threats against my personal safety and life, I called his hand on his false profile and he became angry with me and started to threated my personal safety and well being, even going so far as to portray that he was a woman that was working at a victims assistance center in {Location removed} TN and she had Federal Enforcement Agents working around the clock to prosecute me if I attempt to go to {Location Removed} and exercise my parenting rights.

I have a court order that allows me to physically take my son back to his home state of Oregon for my parenting time as well as demands that she release the child to my care for the duration of the visitation. I also have an Order to Stay, forbidding her to leave the State of Oregon until the hearing, an Order to Stay forbidding her to remove the child from the State of Oregon until the hearing, and two parenting time enforcement orders as well as a long-distance parenting plan showing that I have parenting time without restrictions to, when, where and how the parenting time will be exercised.

He stated in an email communication to me recently that I will be arrested if I attempt to show up at his residence to see my child and if I bring the child out of the State of Nevada, that I will be arrested for kidnapping. This is the second time that they have abused the victims assistance programs and courts to file a false protective order in an attempt to delay and relocate before I am allowed to my parenting time.

I am using the former stage name of {Identification removed} rather than using his real identity. I am so tired of fighting for rights that the Oregon Courts have allowed from the time of the divorce, yet they refuse to enforce those laws, even after she has been served with the enforcements and orders to abide by the courts decisions.

Any suggestions on what I can do? I have lost all of my financing over the course of three years in legal and court fees as well as cannot afford to hire an attorney and see my son. I must either hire an attorney and not afford to go see my child or attempt to represent myself and hope that I will get the chance to see my son.

It looks like you have a tough situation here. What, specifically, do you want to accomplish in order to be a good Dad? There are many resources available to help you if your intentions are good.

What is your connection to this case/the OP?

OP in Stalking Case.
BF/Co-parent in Family Case.

OP in Stalking Case.
BF/Co-parent in Family Case.


So you are one person with two screen names? You refer to yourself as the "OP" and I see no other threads.

legaltipsfordad - do not post personal information on this site. Everything here is meant to be anonymous.
Countinuing to do so or trying to decieve others here will result in your removal from this site.

My interest is that deceit is not allowed on these Boards. You have violated this person's privacy. You may very well have slandered him. You have again posted his name. I hope he printed out your posts. If he didn't, I did.

I have no side in this. I do have a problem when people who are involved in a matter post and don't indicate they have a relationship.

This isn't a polling place. You want to survey who is on what side? Start a blog.

I think you should be suspended.

One Screen Name. Two Cases are mentioned in my post. There are no other threads, Ma'am. I and my family are victims of PUNISHED What's your interest?

So you are claiming you know who the OP (Punished) is and that you and your family are his victims in the case he refers to.

As noted, we do not permit personal info to be posted here. Nor do we allow our site to be used as a battleground between opposing parties. If what you say is true, then this is being handled in the courts. If you want advice from us on your side of the story, then post your own thread and ask your question.

Two other points. If you feel you have been identified in previous posts then use the Report Inappropriate post link and we will remove the references. I have gone through and done so for Post #11. But frankly the surreptitious you went about posting here, makes me wonder about who is in the right.