[staceyjr67]

I have full physical and legal custody of my son. Am I able to move out of state with him? Up until Friday there was no visitation for my ex.

[ScottGem]

First, I've again merged your threads. This is mostly a Family Law issue and everything is tied together. So please add to this thread don't start another.

You said your husband has visitation. In that case you do not have full physical custody. As long as the court has ordered visitation, then you cannot move without court permission. Given your situation, I would not make such a move without court approval.

[staceyjr67]

So what would happened if I would have moved before the court order came out then? Up until Friday he did not have any visitation...

[ScottGem]

If there was a pending court case you could have been ordered to return or, at least return the child. You might have been considered in contempt of court.

[staceyjr67]

Ok. Well with my daughters case we did have a county attorney who represented her but dismissed the case because they felt she was not strong enough to go to court. She is a very strong young woman. I need to know if she can still go after him...

[excon]

Hello again, s:

You've got more legal problems than a jailhouse full of convicts... You've also been less than forthcoming about most of 'em. All that does is cripple us in our advice giving.

IF charges against your ex have ALREADY been dismissed once, why would you think they can get reinstated??

excon

[ScottGem]

There is a difference between a case being "dismissed" and dropped. If the County Attorney decided to drop the case because he felt there was not a strong enough case, that is very different from a court dismissing the case. In the latter instance, its possible that double jeopardy would prevent the case from being brought to court again. But if the case was dropped by the county attorney because she felt your daughter would not hold up under cross examination that is a different matter. You need to get your daughter's therapist (you did say she had one?) to try and convince the CA that not only is she strong enough to manage cross but that having the father prosecuted will be good for her.

[staceyjr67]

OK. The case was dismissed not dropped. What do you think?

[excon]

Hello again, s:

I think they tried to make a case, and couldn't. I don't think they'll try again... Plus, depending on WHERE along the way the case was dismissed, jeopardy might have attached, meaning he can't be prosecuted again no matter how strong your daughter is.

excon

[staceyjr67]

I feel that she was never given a fair chance to even go forward with this. The investigators never took all of my information that I found out on him. When I told them I found someone who found him on child pornography sites, they told me it was defamation of his character to investigate. What about the pain and suffering? I have moved from our cabin down to my parents house. She has been in 2 different high schools during her serior year. I got her enrolled in online school now. She has nightmares and screams in the middle of the night about him still coming into her room. So am I just suppose to sit back and let my ex still control my life after I am divorced? I had 2 cars repo'd because of him. Got awarded them but he put leins on them and now I have nothing... He has gotten away with everything in this divorce..

[ScottGem]

Dismissed by whom? Was he ever indicted or arraigned? Did a judge dismiss it or did the CA just decline to take it to trial? We keep explaining things to you and you respond with piecemeal information.

You also keep saying things that DO NOT make sense. Like being sued for forgery or having liens placed on your cars and then having them repo-ed. To place a lien on personal property requires a judgment. What did he get judgments for? And investigating child abuse and child pornography being defamation? That's ridiculous. If there is one thing that LEOs hate above all else its abuse of children. So I have a problem with your claims that this is being treated so cavalierly.

You really are up to neck in legal hassles and you need a full service firm to represent you. But this is going to require money.

[staceyjr67]

CA dismissed the case 1 week before the case was to go to trial. I told the CA that he was on child pornography and she said it would not work and they would not investigate because it would be upsetting to his character. Defamation to his character. In my divorce I was awarded a truck and 25' enclosed trailer in Jan. My ex filed bankruptcy in March. We owned a small biz and he filed on that too. Same day he filed, he went to the DMV and placed liens on behalf of the bank he filed bankruptcy on. That's how they got repoed. I got documentation from the DMV showing his signature on the liens, and still the judge did nothing. As you can see, I am up to my neck in legal problems.

[ScottGem]

CA dismissed the case 1 week before the case was to go to trial.

Ok the case was dropped not dismissed. If it never went to trial, then jeopardy is probably not attached.

I told the CA that he was on child pornography and she said it would not work and they would not investigate because it would be upsetting to his character. Defamation to his character.

Doesn't make sense. ANY police investigation involves defamation of character. As long as the investigators have reasonable probable cause to investigate they will. But just telling the CA that he was on a child porn site is not enough. You would have to show enough proof to get a judge to issue a search warrant.

In my divorce I was awarded a truck and 25' enclosed trailer in Jan. My ex filed bankruptcy in March. We owned a small biz and he filed on that too. Same day he filed, he went to the DMV and placed liens on behalf of the bank he filed bankruptcy on. Thats how they got repoed. I got documentation from the DMV showing his signature on the liens, and still the judge did nothing. As you can see, I am up to my neck in legal problems.

Doesn't make sense. If there were loans on the vehicles, then there should have already been a lien against them. If not, the DMV should have required a court order to place the lien.. And then who did the repo? If there was a loan balance were you paying on the loan? Was it up to date? If so then why was there a repo. If the bank did the repo why didn't you sue them?

No you aren't up to your neck in legal problems, you are way over your head. Too far over your head for us to be of much help. We can ask questions, we can express our incredulity over what has happened, but you need someone on the scene, to look out for your interests. To ask the questions we are asking.

[staceyjr67]

What do you mean when you talk about jeopardy?

[staceyjr67]

The snowmobile trailer did not have a lien up against it. The only loan on the truck was from Ford Motor Credit. The day of his bankruptcy my ex filed a lien on behalf of the same bank he filed on. We had a business loan but there was no business equipment that was on it. We had the business itself and our land by our house. I have the papers that showed he put a lien on there.

[ScottGem]

What do you mean when you talk about jeopardy?

Jeopardy (usually called Double jeopardy) refers to not being able to try someone twice once they have been acquitted of a crime. So if a court had dismissed the case instead of the CA dropping prosecution, then they might not be able to take him to trial again.

The snowmobile trailer did not have a lien up against it. The only loan on the truck was from Ford Motor Credit. The day of his bankruptcy my ex filed a lien on behalf of the same bank he filed on. We had a business loan but there was no business equipment that was on it. We had the business itself and our land by our house. I have the papers that showed he put a lien on there.

I don't know what is going on in your court system, but if what you are saying is accurate, then the law appears to have been ignored. One cannot just put a lien on an asset. There are two types of liens, one for debt and another called a mechanic's lien. If the lien is for debt that was not secured by the asset, then a judgment has to be entered and a writ of execution issued. For a mechanic's lien You have to be a licensed contractor and prove you did work on the asset. Plus you have to inform the owner.

So I haven't a clue how he could get away with putting a lien on the truck. Plus if there was a loan by FMC, then they should have been paid first.

I'm sorry Stacey, but either you are being told something that is inaccurate or you are misunderstanding things, or you are telling us a story. I don't know which it is (nor do I care), but you need someone on the scene who can go through all the factual documentation and try and get this straightened out. We really can't help when you tell us things that just don't jive with our knowledge of the law. Maybe you need to go outside your county and get someone on the state level to look into all these seemingly illegal happenings.

[staceyjr67]

No I am not telling you a story. This is how my life has been the last 3 years. Did not know that I was dealing with the devil himself. I have since moved from Pine to Anoka County. Everything I was ever awarded or got from my divorce has been taken away from me or I never got. I tried to bring the lien deal back of court but the day of court the judge told me straight up she wasn't going to hear anything about it. I have a case with the OCC that controls or regulates all banks that have the word National in their name. I even contacted the FBI over this matter but they told me it was civil and they couldn't do anything about it. I feel the judge and many more people who work for the justice system either boutght product from my ex or knows of someone who did. Nothing bad ever goes on in a small town.
The kids and I live with my parents in their house. Where, even here I do not feel safe anymore. I have gotten screwed over big time by Pine county. My ex was in contempt, molested my daughter and nobody does anything about it. I had practically all my materials things taken away or destroyed. And you know what, I am still so fearful for my life its not even funny anymore. Both kids are seeing therapists now and still my son, who did find out about this whole deal that he has to see his dad again, has been puking all day and night. From day one when he was born my ex teased him up to age 8 saying he was not his father because he came out blonde and blue like me. He would say his best friend was his dad. He favored his other son who came up every other weekend instead. He did beat my son a few times where I had to pull him off him and yet the judge recalls nothing of the abuse. I just wish I could disappear with my kids somehow. And be safe.

[ScottGem]

I really empathize with you, and maybe you are right that small town favoritism is taking place. I just find it hard to believe there is such blatant disregard for the law. Which means you have to try and go to a higher level.

Going to the FBI was something I was going to suggest, but I bet you took the wrong tack. The FBI is interested in child porn. If you have enough evidence of that, you may get them involved. I just posted something in the Wireless Technology forum about that.

Go the State DMV commissioner and bring to their attention the abuse of the law on liens. Its probable he put the lien through with in a local office.

You need to keep fighting but you really need an attorney to help.

[staceyjr67]

Thank you for all your helo. And if you know any good attorneys in Minnesota could you please let me know? Stacey

[staceyjr67]

I meant thanks for all your HELP...