[cdad]

Scott it may have been a factor that the OP at that time was involved with dcfs. The ex may have seen that as a golden opportunity. We dont know anything about what was going on at that time.

[stinawords]

It is entirely possible that I didn't understand what op was saying about what states people are in. "I was in Utah, and he was Wyoming" I took this to mean that (because the original order was in Wyoming) they were both in Wyoming to get the original order and she moved to Utah while the father stayed in Wyoming. In the last post from op it say's at note from the judge to op included that the court he presides in does not have jurisdiction.

This, as well as the contradicting statements with not having contact but yet knowing large amounts of the child's lack of care, and the involvement of DCFS makes it hard for many to agree on what exactly should be the next step. I too would not advise contacting the FBI. At least not until a lawyer (in the proper state) has time to get all the facts in front of them because this seems to be a very large tangled situation not just a straight forward violation of court order.

And, so, until op comes back to untangle some of this, I (at least) can't offer much more.

[choosinganangel]

OMG you guys... due to the rules of the Uniform Child Custody Jurisdiction And Enforcement Act , his entire order to modify the initial decree is null and void!

He took the child on October 6, 2006 from the child's Home State, Utah. He supposedly was awarded custody on April 4, 2007. That is void by the fact that the Jurisdiction or Courts of Wyoming had not been established as the home state by 1 day! He lived in Wyoming with his Kidnapping father for exactly 5 months 29 days... He loses either way! Oh man oh man... to file these papers is going to bring so much relief.

His parental rights will certainly be terminated after this... thank the good lord.

Oh and in case you all weren't told yet, the case with DCFS was void as were all the allegations in a court of law. All of his allegations and statements in the petition for temporary custody were lies, not proven in any way shape or form and even in his fake Modified Decree, are fake statements of supposed facts that are in no way true.

Isn't there just a simple letter I can send to the courts to look over the case file and ensure it's not been tampered or wrong?

[stinawords]

In one sentence you say that "to file these papers is going to bring so much relief" as though you have papers ready to file. Then in the same post you ask if there isn't just a simple letter you can send the court. Which one is it?

Also, why in the world would we have been told that the DCFS case was void? We don't dig into things like that we rely only on what you tell us. That is where a paid attorney comes into play.

Why did the judge you last talked about say that the court didn't have jurisdiction? So to be clear the child, until taken by his father, never lived in Wyoming. Correct? Have you scheduled any consultations with any lawyers to represent you yet? If not and the father still has attorney's you are still fighting an up hill battle.

If you are so sure that you are the only parent with legal custody then why are you sitting here asking for free advice? Why not just go pick up your son? If you are scared of your ex bring your court papers showing that you have physical custody with you and ask for a police escort like he did.

[ScottGem]

First, you have said that the original order was issued in WY. Therefore, WY Has jurisdiction until the case is moved to another jurisdiction. However, it is true that preference is given to the child's home state. But one of the parties would have to petition for jurisdiction to be moved. So, if he filed in WY, telling WY it didn't have jurisdiction was incorrect. If, however, you had petitioned that the case be moved to Utah, you should have won that.

And I doubt if he parental rights will be terminated. Not unless he is convicted of criminal action in these matters and even then its not a given.

Maybe he didn't prove the allegations, but did you disprove them? A court of law can be a funny place, in many ways it can be up to the whim of the judge as long as he acts within the law.

[choosinganangel]

I went to Wyoming today and put in for a motion and order to show cause... he's going to be a gonner! Can't wait to get that order in the mail... cause either he surrenders the kid and pays me 43,500 or he's in contempt! Woot Woot!

[stinawords]

So the judge already told you that he will be returning the child and paying $43,500? Glad they worked so quickly for you!

[ScottGem]

What, exactly, does the order say? Generally an order to show cause gives the subject the opportunity to appear in court and show cause why he shouldn't whatever.

[choosinganangel]

To Stinawords: The judge stated that I did not mention in the order to vacate that the court had jurisdiction over this case, and I didn't do proper service. Then after figuring out last night, that when calculated, his court order is totally fraudulent. The child lived in Wyoming from October 6, and the court hearing about a judgement default on a "emergency motion for ex-parte temporary custody order" no motion was put in requesting to modify the original order, and it could never have been considering the day we went to court was April 4, 2007, which equals 5 months 29 days. No commencement of any action of custody can even start unless the child resides in the state for 6 months prior to the proceeding. So him claiming the judgement was ordered April 4th, still makes it invalid, and never in the hearing did I hear the judge "order" anything, so his entire filing with the court an order that was never initiated (because it couldn't have been had he attached an been truthful about a previous order existing), but he said he never was a party to any other litigation concerning said child in this or any state. Also claimed that to his knowledge, no one had temporary or physical custody of the child. Everything he claimed was just a huge lie... he's in deep doo doo, and I can't wait till the Sheriff serves him, cause he either returns the child and pays up, or shows up at the hearing and goes to jail anyway. :D Then I can bring the evidence down here to the police department in the city where he did take the child (which I already have a parental kidnapping case being investigated) Interstate no less, and they can prosecute him even further. :D I'm so excited I could poop!

[choosinganangel]

No, I put in the motion and order and affidavit, and service and summons today. I filed it all with the court and paid for service by the Sheriff when the judge signs the order. Wyoming is whack. The judge is in Kemmerer for some of the week and then in Evanston the other part, and so tomorrow he will see it, look over the files in the case, (which by now I know he is completely familiar with, and the Order I attached, which is the original "Final" decree, and once he signs it, it will be served on the father. :D I'm just anxiously awaiting the Green light that service was completed, and then there is a "dismissed" page, where if he and I sign it, he won't have to appear in court to show why he shouldn't be held in contempt, and mind you, that means he returned the child and paid up. If I don't sign it, even if he returns the child, and doesn't pay up, he still has to appear. I can't wait to see him in court trying to convince the judge that his "fake order" is legal :D Oh and where he thought he had permission in the decree to changed the child's name, lie about everything in his initial motion for temporary custody, and oh yeah, why he's in violation of bringing any action against me to which said decree states that the parties hereby completely release and forever discharge each other from any and all claims, demands, or actions now asserted in or arising from, those asserted in the Cross-Claim. :D

[choosinganangel]

The Order says:
The Movant is seeking ENFORCEMENT of an Order regarding visitation custody child support. The affidavit is what I'm claiming he did in violation of the order, and continues to do. Not to mention the fact that the original Decree states, and that any such modification may not be effective prior to the date of filing an appropriate motion or petition for modification.

[choosinganangel]

Trust me I've looked at the motion to Modify.. it's like a huge packet, and yeah, he did not in any way whatsoever filed any or all of the required documents.

[ScottGem]

Good luck and keep us posted.

[choosinganangel]

Wowzer, scratch everything... it's not an order... our initial papers are an ABSOLUTE DECREE. Final.. suck it up, you are a loser and you know it, and I'm just going to show it to the world that you are lower than the lowest, by letting you be you... and then you can die in prison, for filing false documents in this state and the other state which never signed, but you forged, and every state will have your head on a platter, waiting to get justice! Decree and order, are completely different... Decree is FINALITY... I fricken knew it... oh let him burn in hell.. or in jail, cause he's already in hell... I'm requesting school records, where he is enrolled under a "fake name", and I already looked into the registration laws of the school, which states they need a birth certificate, and blah blah blah... so they didn't make a mistake in the paper, they have copies on file of his criminal behavior... oh and yeah, I sent off for all birth certificates on file with the vital statistics in Wyoming... and just for proof positive... the other school he was enrolled in, right around the corner from his house, had my son registered under another FAKE NAME! They sent me a damned report card from 2008-2009... and I barely opened it, cause I couldn't bring myself to accept that my son, was taken and then given and legally allowed (couldn't wrap my mind around it) to be kidnapped and taken when I knew the decree was permanent... I've always insisted his father stole him... always... and had his father not threatened my life in December... I may still have been in the dark, but that pissed me off and made me fight... and fight hard... son of a...

[ScottGem]

I'm sorry but your understanding of the law leaves a lot to be desired. An absolute decree does not mean it is absolutely final. It means that the marriage is completely over and both parties are free to remarry. It does not mean he can't file for modification of the terms of the agreement at some future time if he can justify that modification. But it does not mean he can falsify documents or violate the terms of the decree. He must abide by those terms until and unless a court modifies them.

If he does violate them, then he is in contempt of court. Being found to be in contempt of court carries penalties pretty much at the discretion of the judge. Those penalties can be anywhere from a fine to jail time. A "Show Cause" order is probably stating that he has to appear at a hearing to show why he should not be found in contempt. You said it reads; "The Movant is seeking ENFORCEMENT of an Order regarding visitation custody child support.". This is what I said you should have done as soon as you found out he had taken your son. The Movant is you. And you are moving that the court enforce the original decree issued in 2001 since there has been no legal order modifying it. You needed to submit proof that he has violated that agreement, which is pretty obvious.

So the next step is serving him with the order. I would hire a process server to ensure service. You can ask the court that he reimburse you for your court costs.

I'm assuming that the order states that he must return the child to you and pay any arrears in child support. My guess is he is going to do one of two things. Either he is going to try and disappear or he is going to court to fight it and will produce whatever evidence he can that he didn't violate the decree. If he has a good job, I doubt if he will disappear as that would mean going underground.

Does the order give a time frame by which he has to comply?

[stinawords]

I have to agree that that interpretation of the wording is not quite right. In any order there should be a time frame given by the judge to comply. What is that time frame? Also, if he has lawyer(s) are they going to show up in court as well? For quite a while I have been wondering who drew up the papers that he has been using. Did his lawyer(s) help with that too? I am wondering because if they did forge documents that he used the judge may hold them as (if not more) responsible. Do you have any idea where/how the illegal documents were obtained?

I'm glad you are seeing some light at the end of the tunnel.

[cdad]

When is your hearing date or date for trial ?

[choosinganangel]

I'm going to call in the morning to find out if the judge signed and when the hearing date is. All I know is they said it was going to be in his papers to look over today, and after he signed it they would place it in the "service" box, where the Sheriff come's daily and serves people. I left it with the service payment so as to not have any hiccups. Yes, my fear is that he will flee, and yet, he's already under the microscope with DCFS and all the state and local authorities both in Utah and Wyoming are all aware of my claims so they might already have him tracked without his knowledge. His fake decree, I cannot be certain as to who drafted it, because he began the "action" pro-se, and when I answered with a demand to return my child immediately he quit answering my calls and refused any mail from me. Apparently moved as well, and when we showed up in court on April 4, 2007 he had an attorney that wasn't a participant to the initial action, so I've no idea, who did what, but I do know that the attorney asked the judge to be allowed to withdraw from representation based on certain laws (which he has in there, which pertain to "repugnant" client requests, criminal in nature) code of professional conduct.

And as per the Decree thing, it is final. All of the terms agreed to in the Stipulation and Agreement were made final, absolute and binding. All parties forever released and discharged each other from any claims, actions or demands granted relief once incorporated in a final decree incorporating the terms of the Stipulation and Agreement. Any modification of said decree or agreement, must be made in writing by the parties, and upon filing an appropriate motion.

The parties hereby stipulate and agree:
1. That if a final Paternity Decree is granted and awarded to
Either of the parties incorporating the provisions contained
Herein, the terms of this Stipulation and Agreement shall
Constitute a full, complete and final settlement between the
2
Parties with regard to certain rights and duties arising from their
Relationship, specifically with regard to their respective rights
To custody of the minor Child, child support payments in connection
Therewith, insurance coverage for said Child, visitation rights to
Said Child, and all other matters at issue in the Cross-Claim.
2. That the parties intend that the terms of this Agreement
Shall be incorporated into any final Decree of Paternity and
Support ("Decree") made and entered herein.

1. Release and Discharge:
In consideration of the mutual promises called for herein, and
For other good and valuable consideration, receipt of which is
Hereby acknowledged, the parties hereby completely release and
Forever discharge each other from any and all claims, demands or
Actions now asserted in or arising from, those asserted in the
Cross-Claim. This release shall be a fully binding and complete
Settlement of said claims asserted in the Cross-Claim, between
Father and Mother, upon execution of this Agreement and the filing
Of any Decree incorporating its terms.

2. Specific Release
The parties hereby acknowledge and agree that the release set
Forth in Paragraph 1 hereof is a specific release of claims set
Forth in the Cross-Claim, and is not a general waiver of any other
Claims which exist as of this date but of which the parties do not
Know or suspect to exist.

Any modification of this Agreement must be in
Writing and signed by the parties; no waiver of any breach hereof
Or default hereunder shall be deemed a waiver of any subsequent
Breach or default of the same or similar nature.

[choosinganangel]

Oh and about the time frame to comply question, there was a section after "Enforce the Order" (which mind you I attached the real decree when I filed, along with the stipulation and agreement), and the section after asked if I requested anything else from the court in which I wrote, "Assistance in the Immediate safe return of the child to the mother, and deeming his "order modifying decree" invalid, unenforceable, illegal and whatever sanctions the court further deems appropriate.

[ScottGem]

OK, First, lets look at this clause:

Any modification of said decree or agreement, must be made in writing by the parties, and upon filing an appropriate motion.

This backs up what we have been saying. That the original decree CAN be modified but only by getting a court to order it.

Second,

they said it was going to be in his papers to look over today, and after he signed it they would place it in the "service" box,

Ok, so the judge hasn't signed the order yet, but when he does, you have already arranged for service. That's good! Its not clear whether you know where he currently is or where your son goes to school. If you know either of those. Then I would request that the judge issue you an order to assume custody of your son at least until the hearing and to also schedule a hearing. If you can get the judge to issue that order, then I would go and pick him up. If you know where the school is then I would go to the school, go to the principal and show him/her the order then take your son home. You might want to go to the local police first, show them the order and ask them to accompany you. Or, at least, be prepared to come to the school if the school doesn't cooperate.

If you can't get such an order, then you have to wait for the hearing. If he doesn't show or turn over your son by then, an arrest warrant can be issued.

It certainly looks like you can see the light at the end of the tunnel. Though this should have been done long before now.