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Topics - FL_48603

#1
California State Forum / CHILD ABDUCTION!?!
Jul 02, 2005, 10:25:06 AM
My ex took off with my child yesterday. My ex took my child out of state and caused me to miss my custodial time with my child. This breaks about 3 different points in our order, and my attorney had wrriten a letter to their attorney pointing out that the time they were fighting for was in violation.

Because my ex has abducted my child in the past so as to relocate them as leverage in their case, I asked the local police to file a report.

After sufficiently grilling me (in case you have yet to guess, I am the non-cusotdial Dad) and overscrutinizing my court order (which I keep on hand like my license, registration and proof of insurance), the cop told me he would take the order back and scrutinize it some more, then call me letting me know his thoughts.

He did call me explaining that he and his superior wanted to know if I wanted the report sent to the DA for criminal charges.

What does this mean to me? Will they take my ex to jail, and should I allow this?

Please advise
#2
Hello:

Due to issues of the mother's neglect and abuse of my 7 year old daughter who is in her care, I was forced to motion the court for modification of custody (I know the mother is not inherently abusive and neglectful - but she has assumed a dangerously hectic schedule working 5 part time jobs, 14 units of college, and over involvement in the child's school primarily to block me out of getting involved myself).

Subsequently, the mother returns to the use of corporal punishment in the face of an existing order prohibiting it - which she then admits to under penalty of perjury in her responsive declaration.

While the child was being examined for a hurt wrist and when the doctor asked her when her wrist first started hurting the child reported: "When mommy was hitting me" (making a blocking gesture).

Three weeks following this incident the child sustained a broken wrist which I didn't find out about until 6 days after the incident, when the school sent her home.

I then took my daughter to the dentist and discovered that she had not been taken to the dentist but once in 7 years, she had eight cavities, needed two root canals, and the molar I had to have extracted that the reason she had been complaining so much was that she had a huge hole in it.

So, we've got a hyper vigilant mother who states in her responsive declaration that she "completed undergraduate school in record time", she had been receiving $200.00 per month over the court ordered support in direct exchange for additional time with my daughter, she is stretched so far that she hits her boiling point and starts smacking the child around in violation of the stipulations of our order - causing injury to the child, then she leaves the child to function on a broken wrist for 6 days, AND the child has a mouth full of rotten teeth, needing two root canals and a molar extraction.

I file for custody modification BUT I offer a "Shared Parenting Plan" which assures the mother frequent and regular contact with and access to the child - AND - wanting the mother to complete her schooling, I do not ask for child support to the mother to be modified or eliminated.

I just want to assume more time with my daughter and to act as custodial parent until the mother finishes up her schooling because this way I can get the medical and dental needs of the child taken care of without interference from my opposition.

So here's the rub... now I've got the opposing party's lawyer climbing up my alley asking for every imaginable financial document.

Most of them I do not have, but even the ones I do seem to be irrelevant in light of my Income and Expense Report.

Still, my attorney doesn't seem to want to object to the discovery, almost leading me to believe that they are not prepared to vigorously fight for my custody modification.

Otherwise, there would be no reason for the urgent production of these documents IN ADDIDITION TO my Income and Expense Report.

Can anyone help me figure out how to make heads or tales of this mess?  Do I have to produce all of the documents?  Is any of my financial history confidential?

Does my ex-wife have to submit these same documents as well?

Please advise,

James D. Chamberlain
[email protected]
865 Locust Street
Red Bluff CA 96080
530.527.5160


 

#3
California State Forum / Please Advise.
Jan 25, 2005, 02:36:58 AM
Hello:

I am presently involved in a court case involving
custody and child support issues in Red Bluff (Tehama
County) Northern California.

To preface the case: I married the daughter of a
divorce attorney.  She's got psychological problems
involving addiction to gambling and drugs, and in 1999
she kidnapped my daughter.

When I tried to enforce my rights and protect my
daughter ( who was at that time 2 years old ) by
filing child kidnapping charges pursuant Civil Code
Section 278 & 278.5, my father-in-law caught wind of
it and prepared, filed and faxed divorce papers to the
detective who was working on my missing persons case.

The detective then served these on me and from this
point until today (5 years later) the meter has been
running.

My opposing party has caused the court to revoke my
parental rights 3 times, once in 1999, once in 2001
and once in 2003 and in each instance I have been able
to cause the court to give me back my parental rights
with my daughter and in so doing I gained more time
with my daughter in each instance.

In October of 2004 I was forced to file for
modification of custody of my daughter because my
ex-wife has returned to the use of corporal punishment
in violation of our existing order of the court.

My daughter complained of a sore wrist and when I took
my daughter to the doctor, she told him the wrist
first started hurting her when "mommy was hitting me".

Three weeks later the child broke her wrist and was
then sent by the mother to her grandmother's home
rather than the hospital.

I found out about this when the child was sent home by
the child's school who noted that the child's wrist
was swollen, bruised and her hand was immobile.

I believe this might have been to keep the child from
reporting possible abuse to the medical staff.

I have also discovered that the child has only been
taken to the dentist by the mother once in seven years
and when I finally began taking the child to the
dentist on my private insurance, I discovered that the
child has 8 cavities, needs two root canals and last
month I had to have her molar extracted.

The mother has enrolled herself full time in college,
and reports having had to scale back her work schedule
-  although, in actuality she works several part time
jobs.  So she is doing college full time, working as
many as five part time jobs, she involves herself
exhaustively in the child's school (mainly to block me
from involvement).

This brings to light the issue of "The First Right of
Refusal" which they deny me, leaving my daughter to
stay with ANYONE but me whenever not ordered in the
court's order.

Subsequently my daughter has been sent with the
maternal grandmother to a weird "fire and brimstone"
church where they have been demonizing me and my faith
to my daughter.

I have not asked the court to eliminate my ex-wife's
parental rights, but rather to make me the custodial
parent until such time as the mother completes her
schooling.

In her responsive declaration, however, the mother
asks the court to make her the sole parent AGAIN
trying to deny me the right to father my daughter.

The lawyer that I hired I paid an initial $2,500.00
retainer to.  Following this I paid another $1,600.00
and just paid another $1,00.00.  However, the lawyer
now tells me I owe her $6,000.00.

She brought this up to me when I told her that I
wanted her to file contempt charges due to my
ex-wife's admissions in her responsive declaration
submitted to the court under penalty of perjury
wherein my ex-wife admits to violating the order of
the court by returning to the use of corporal
punishment - AND - by her telling my daughter that
they would be moving out of state (to complete my
ex-wife's graduate studies).

My attorney told me: "You are already into me for
$6,000.00 and after the evidencing hearing you'll be
up to $11,000.00 - so how can we afford to file
contempt when you can't even afford what we've already
done".

ALTHOUGH SHE HAS NOT ACCOMPLISHED ANYTHING
ADVANTAGEOUS TO MY CASE.

Now, my lawyer tells me that it is my ex-wife's
constitutional right to spank my daughter. I reminded
my layer that my ex-wife agreed with me to make the
"no-spank" clause a part of our "Agreement" when we
met with the mediator, this was then reviewed by my
ex-wife's lawyer and they entered it to the court
which then made it the order of the court.

So, basically, it looks like I have paid $5,100.00 to
a lawyer who has stated that I am expected to pay her
an additional $6,000.00 WITH NOTHING TO THE ADVANTAGE
OF MY CASE BEING ACCOMPLISHED - and the order of the
court which we have in place is not worth the paper
it's written on because if I try to enforce it - it
appears that my attorney appreciates my opposition's
constitutional rights more than she appreciates my
daughter's rights not to be abused or my rights to
protect my daughter.

What the hell do I do now!?!

[email protected]
#4
I have been reading through the different BOARDS on this site, first looking for someone who could help me with my problems (which are enormous and daunting).

http://www.deltabravo.net/dc/dcboard.php?az=show_mesg&forum=104&topic_id=2925&mesg_id=2929&page=

Then it hit me.  I am seeing a common thread run through the issues herein contained and that is Fathers (Specifically) and parents in general, being crushed into submission under the weight of child support and legal fees.

Some of the stories have made me so sad... then is dawned on me like the strike of a lightning flash!

I have spent the last five years strategically fighting to establish an almost gurrila court battle Rules of Engagement to enable myself to become impervious to the common tactics as A.) Exhaustion of Financial Resources and B.) Destabalization of Emotional Constitution as is used in such custody battles.

My goal is now to give back to the community.  I would fund each father's quest to reunify with their child if I could, but lacking the immediate resources to do this, I will share what I can.

To find out how to protect yourself financially* (and God as my whitness, this is what it all comes down to if your hope it WINNING THE CASE), CONTACT:

Financial Solutions Group: 1.877.365.9500
[email protected]

Father Friendly Resource for:
Tax Lien Issues - *Financial Planning - Foreclosure Resolution - Bankruptcy Resolution - Credit Repair - Debt Elimination.





#5
Child Support Issues / Please Advise!
Jan 25, 2005, 02:33:09 AM
Hello:

I am presently involved in a court case involving
custody and child support issues in Red Bluff (Tehama
County) Northern California.

To preface the case: I married the daughter of a
divorce attorney.  She's got psychological problems
involving addiction to gambling and drugs, and in 1999
she kidnapped my daughter.

When I tried to enforce my rights and protect my
daughter ( who was at that time 2 years old ) by
filing child kidnapping charges pursuant Civil Code
Section 278 & 278.5, my father-in-law caught wind of
it and prepared, filed and faxed divorce papers to the
detective who was working on my missing persons case.

The detective then served these on me and from this
point until today (5 years later) the meter has been
running.

My opposing party has caused the court to revoke my
parental rights 3 times, once in 1999, once in 2001
and once in 2003 and in each instance I have been able
to cause the court to give me back my parental rights
with my daughter and in so doing I gained more time
with my daughter in each instance.

In October of 2004 I was forced to file for
modification of custody of my daughter because my
ex-wife has returned to the use of corporal punishment
in violation of our existing order of the court.

My daughter complained of a sore wrist and when I took
my daughter to the doctor, she told him the wrist
first started hurting her when "mommy was hitting me".

Three weeks later the child broke her wrist and was
then sent by the mother to her grandmother's home
rather than the hospital.

I found out about this when the child was sent home by
the child's school who noted that the child's wrist
was swollen, bruised and her hand was immobile.

I believe this might have been to keep the child from
reporting possible abuse to the medical staff.

I have also discovered that the child has only been
taken to the dentist by the mother once in seven years
and when I finally began taking the child to the
dentist on my private insurance, I discovered that the
child has 8 cavities, needs two root canals and last
month I had to have her molar extracted.

The mother has enrolled herself full time in college,
and reports having had to scale back her work schedule
-  although, in actuality she works several part time
jobs.  So she is doing college full time, working as
many as five part time jobs, she involves herself
exhaustively in the child's school (mainly to block me
from involvement).

This brings to light the issue of "The First Right of
Refusal" which they deny me, leaving my daughter to
stay with ANYONE but me whenever not ordered in the
court's order.

Subsequently my daughter has been sent with the
maternal grandmother to a weird "fire and brimstone"
church where they have been demonizing me and my faith
to my daughter.

I have not asked the court to eliminate my ex-wife's
parental rights, but rather to make me the custodial
parent until such time as the mother completes her
schooling.

In her responsive declaration, however, the mother
asks the court to make her the sole parent AGAIN
trying to deny me the right to father my daughter.

The lawyer that I hired I paid an initial $2,500.00
retainer to.  Following this I paid another $1,600.00
and just paid another $1,00.00.  However, the lawyer
now tells me I owe her $6,000.00.

She brought this up to me when I told her that I
wanted her to file contempt charges due to my
ex-wife's admissions in her responsive declaration
submitted to the court under penalty of perjury
wherein my ex-wife admits to violating the order of
the court by returning to the use of corporal
punishment - AND - by her telling my daughter that
they would be moving out of state (to complete my
ex-wife's graduate studies).

My attorney told me: "You are already into me for
$6,000.00 and after the evidencing hearing you'll be
up to $11,000.00 - so how can we afford to file
contempt when you can't even afford what we've already
done".

ALTHOUGH SHE HAS NOT ACCOMPLISHED ANYTHING
ADVANTAGEOUS TO MY CASE.

Now, my lawyer tells me that it is my ex-wife's
constitutional right to spank my daughter. I reminded
my layer that my ex-wife agreed with me to make the
"no-spank" clause a part of our "Agreement" when we
met with the mediator, this was then reviewed by my
ex-wife's lawyer and they entered it to the court
which then made it the order of the court.

So, basically, it looks like I have paid $5,100.00 to
a lawyer who has stated that I am expected to pay her
an additional $6,000.00 WITH NOTHING TO THE ADVANTAGE
OF MY CASE BEING ACCOMPLISHED - and the order of the
court which we have in place is not worth the paper
it's written on because if I try to enforce it - it
appears that my attorney appreciates my opposition's
constitutional rights more than she appreciates my
daughter's rights not to be abused or my rights to
protect my daughter.

What the hell do I do now!?!

[email protected]

       
#6
General Issues / Practical Advice?
Jul 03, 2005, 10:48:30 AM
CHILD ABDUCTION - DOCUMENTED AND FILED.
#9168, "RE: CHILD ABDUCTION!?!...Probably"


The CP became the CP by initially abducting the child
from our home and then having their father/divorce attorney
file divorce papers after the fact to legitimize violation of
child kidnapping codes.

We do have an order of the court which does stipulate matters
to do with the child not being removed from the area without
prior written notice and consent filed with The Court.

We have JOINT LEGAL and JOINT PHYSICAL CUSTODY.  I was duped
into allowing the CP to hold onto the title of CP becuase I
was just so glad to have finally gotten JOINT CUSTODY back in
place.  See the CP and her lawyer have tried repeatedly to
wrtie me
out of my child's life following abduction of the child by
the so-called "CP".

The one thing that has always concenred me and others more
"qualified" (if not more "certified")
than myself is how insulary these people on the CP's side are
with my child.  Never wanting her to be taken to the doctor,
or dentist or school functions by anyone but the CP whose
father/divorce attorney had sufficiently conditioned these
professional to give the NCP "the treatment".

CP returned to the use of corporal punishment resulting in
the injuring of the child's wrist in violation of the
"no-spaking" clause I had written in to the order.

The same wrist ending up broken three weeks later when the
child was allosed by the CP to go 6 days without examination
nor treatment of the broken wrist is violation of the
existing order calling for attentiveness to the medical needs
of the child.

After notifying the CP repeatedly about  the child's
flinching when they
would eat or drink the CP took an alamringly dismissive
attitude rejecting my notification regarding my child's teeth
as as being the
child's play acting for attention which they picked up from
my "side of the family" since "bad teeth run
in my side of the family" - only to reveal once I, the
NCP took my child to have $3,000.00 worth of dental work
done) that the child was in need to have 8 cavities repaired,
two root canals and one molar extraction - a violation of the
same clause of the existing order calling for attentiveness
to the medical
needs.

CP allows the child to be subjected to the CP's family's
taking the child to a church where they fill the child's head
with how evil dad is and how he is a member of a cult (along
with every other member of any other christian sect besides
theirs is a cult) and allowing the CP's mother to tell my
child I am a liar and allowing the CP's step-father to
ridicule me in front of my child and her geusts - a vilation
of the clause in the order which calls for no disparriging of
the NCP is contempt of court?

Therefore, I brought a motion before the court and we are
scheduled to go to an evidenciary hearing on the matter of
custody being awareded soley to me the present day NCP in
less than a month.

The CP quite her job, withdrew from school, has ended
friendships and has demonstrated repeatedly and frequent
emotional breakdowns where she laments he decisions over the
past 5 years.

90 days ago the CP told the MFT we were seeing that she had
an unreasonable fear that if I got more time with my child CP
would lise the child forever.

Now I ask that the CP adhere to the order of the court and
instaed she flees the state with my child and wihtout the
written consent filed with the court and without providing me
with any notification as to where they are or how to contact
my child.

Even kind words of support where no practical advice is forthcoming, will be appreciated.

Sincerely,

A Loving Father
#7
Visitation Issues / CHILD ABDUCTION!?!
Jul 02, 2005, 10:23:26 AM
My ex took off with my child yesterday. My ex took my child out of state and caused me to miss my custodial time with my child. This breaks about 3 different points in our order, and my attorney had wrriten a letter to their attorney pointing out that the time they were fighting for was in violation.

Because my ex has abducted my child in the past so as to relocate them as leverage in their case, I asked the local police to file a report.

After sufficiently grilling me (in case you have yet to guess, I am the non-cusotdial Dad) and overscrutinizing my court order (which I keep on hand like my license, registration and proof of insurance), the cop told me he would take the order back and scrutinize it some more, then call me letting me know his thoughts.

He did call me explaining that he and his superior wanted to know if I wanted the report sent to the DA for criminal charges.

What does this mean to me? Will they take my ex to jail, and should I allow this?

Please advise,

[email protected]
#8
Visitation Issues / Undetected Abuse.
Feb 06, 2005, 11:13:09 PM
In Re: CASE NUMBER: FL – 48603
       Undetected Abuse.

To Whom It May Concern:

My name is James Chamberlain and I am a resident of
Northern California at 865 Red Bluff CA 96080.

I am a non-custodial parent of a seven year old
daughter and my ex-wife's father is also her pro-bono
divorce attorney in Tahema County Superior Case: FL –
48603.

My ex-wife suffers from serious psychological
problems, caused our car to be reposessed, ran up
thousands of dollars in bills, bouncing checks to and
verbally abusing our landlord who then issued us
eviction papers, the after gambling our family's money
away while on a drug binge in Las Vegas, abducted our
child and fled our marriage.

In March of 1999 she abducted our child and
disappeared with her for weeks.

Nonetheless, she has been sheltered from these issues
and her father filed divorce papers to legitimize my
ex-wife's child kidnapping after the fact.

Recently I had to take my daughter to the doctor
because she was complaining of a sprained wrist.
While at the doctor's my daughter told the doctor that
the first time the child's wrist began hurting was
when "mommy was hitting" her (evidently the child was
blocking a blow).

Weeks later the child susatained a break to this same
wrist while in the mother's care, but rather than
taking the child to the hospital to have the wrist
examined and treated, the mother cloistered the child
at the grandmother's trailer in the hills of
Cottonwood.

Previously my ex-wife has had her father revoke my
parental rights and in each instance I gain them back
with more time with my child being granted to me than
before.  

Most recently when I restored my parental rights I
immediately took my daughter to get her teeth worked
on to discover that the mother had allowed the child
to go 7 years with only one trip to the dentist and
the child now had eight cavities, needed two root
canals and one molar extraction.

There are also issues of the mother enabling parental
alienation which while constituting emotional abuse is
far more challenging to track and prove.

Because of all of this I filed a motion to modify
custody so that I could act as Primary Caregiver while
the mother completes her schooling and whatever else
it is keeping her from caring sufficiently for my
daughter's needs.

This has dragged out for months and now when my
daughter is seen by counselors they all scratch their
heads and state that my daughter does not look like
she is being abused.

I explain that there is no way to detect the abuse in
a situation where the mother is aware she is under
scrutiny and even in light of the doctor's notes,
teacher's notes, dentist's notes and even the mother's
own admissions to returning to corporal punishment in
violation of the existing order which she submitted
under the penalty of perjury to The Court in her
responsive declaration - no body seems interested or
motivated to assist with contempt of court or criminal
investigations.

I am trying right now to find statistics pertinent to
the number of children who are discovered to have been
abused which were previously undetected even by
counselors, etc.

Please advise,

James D. Chamberlain
[email protected]
865 Locust Street
Red Bluff CA 96080
530.527.5160

#9
Custody Issues / POST YOUR ANSWERS HERE.
Mar 06, 2006, 04:33:22 PM
Thanks to everyone who has assisted in my case by offering advice on these boards and off - I prevailed in my case and now have 50/50 custody (after 5 long years of struggling to get out from under a rigged case).

Simply put, I should have had 50/50 custody at the very onset of the split - but because of my opposition's abuse of authority as officer of the court, and the biological mother's insidious lies - I have had to fight 5 years - somtimes In Pro Per, to get this far.

But my kid needs me and was never going to be anything to BM besides a social services meal ticket - so I never gave up despite the fact that it's been a long hard thankless hill to climb.

My ex-wife and her lawyer (also her dad and my ex-father-in-law) were trying to punish me for motioning the courts (how dare I protect my child from neglect and abuse - AND - enforce my rights as a father) by asking for modification of child support.

While I got the 50/50 I was after - they did modify child support for mom - THEY SHAVED 2/3 OFF HER SUPPORT!

Following the 'fire-side' advice I received on the sly from several of my opponent's rival lawyers in town - I got a Certified Family Law Specialist from out of town who also modified the order so there is no longer a CUSTODIAL and NON-CUSTODIAL PARENT and no VISITATION.

Now we are PARENT and OTHER PARENT and we have TIME-SHARE with the child.

MY LASTING COMPLAINT:
I probably could have gotten SOLE custody - were it not for the fact that the BM and her dad/lawyer kept threatening to bring in a panel of expert whitnesses which they stated would support allegations.

Additionally, they said that they were in posession of emails sent from me to the child's school and that these would somehow be damning to my case.

Never mind that fact that I am on the PTA, teach a class at the child's school and have confirmed with the clergy, principle, teachers, and parents of students from this school all encouraging my involvement and participation in my daughter's environment - somehow the BM has been able to gether up emails and keeps a clandestine "panel" of ringers waiting to chime in about whatever they have to crucify me with.

Obviously it is harmful to the child to have the BM constantly stalking me and trying to manipulate ANY of my parenting measures against me as somehow representing an attack on her.

MY QUESTION:
What can I do to protect myself?  How can the BM enter into court data when the only relevance it has to custody is to demonstrate how much the BM hates my fathering my kid?

Thnaks again and keep them cards and letters coming!
#10
Custody Issues / CLARIFICATION: CHILD ABDUCTION
Jul 03, 2005, 10:43:16 AM
CHILD ABDUCTION - DOCUMENTED AND FILED.
#9168, "RE: CHILD ABDUCTION!?!...Probably"


The CP became the CP by initially abducting the child
from our home and then having their father/divorce attorney
file divorce papers after the fact to legitimize violation of
child kidnapping codes.

We do have an order of the court which does stipulate matters
to do with the child not being removed from the area without
prior written notice and consent filed with The Court.

We have JOINT LEGAL and JOINT PHYSICAL CUSTODY.  I was duped
into allowing the CP to hold onto the title of CP becuase I
was just so glad to have finally gotten JOINT CUSTODY back in
place.  See the CP and her lawyer have tried repeatedly to
wrtie me
out of my child's life following abduction of the child by
the so-called "CP".

The one thing that has always concenred me and others more
"qualified" (if not more "certified")
than myself is how insulary these people on the CP's side are
with my child.  Never wanting her to be taken to the doctor,
or dentist or school functions by anyone but the CP whose
father/divorce attorney had sufficiently conditioned these
professional to give the NCP "the treatment".

CP returned to the use of corporal punishment resulting in
the injuring of the child's wrist in violation of the
"no-spaking" clause I had written in to the order.

The same wrist ending up broken three weeks later when the
child was allosed by the CP to go 6 days without examination
nor treatment of the broken wrist is violation of the
existing order calling for attentiveness to the medical needs
of the child.

After notifying the CP repeatedly about  the child's
flinching when they
would eat or drink the CP took an alamringly dismissive
attitude rejecting my notification regarding my child's teeth
as as being the
child's play acting for attention which they picked up from
my "side of the family" since "bad teeth run
in my side of the family" - only to reveal once I, the
NCP took my child to have $3,000.00 worth of dental work
done) that the child was in need to have 8 cavities repaired,
two root canals and one molar extraction - a violation of the
same clause of the existing order calling for attentiveness
to the medical
needs.

CP allows the child to be subjected to the CP's family's
taking the child to a church where they fill the child's head
with how evil dad is and how he is a member of a cult (along
with every other member of any other christian sect besides
theirs is a cult) and allowing the CP's mother to tell my
child I am a liar and allowing the CP's step-father to
ridicule me in front of my child and her geusts - a vilation
of the clause in the order which calls for no disparriging of
the NCP is contempt of court?

Therefore, I brought a motion before the court and we are
scheduled to go to an evidenciary hearing on the matter of
custody being awareded soley to me the present day NCP in
less than a month.

The CP quite her job, withdrew from school, has ended
friendships and has demonstrated repeatedly and frequent
emotional breakdowns where she laments he decisions over the
past 5 years.

90 days ago the CP told the MFT we were seeing that she had
an unreasonable fear that if I got more time with my child CP
would lise the child forever.

Now I ask that the CP adhere to the order of the court and
instaed she flees the state with my child and wihtout the
written consent filed with the court and without providing me
with any notification as to where they are or how to contact
my child.

Just looking for even so little as kind words of support and/or advice of a non-legally binding nature.
#11
Custody Issues / CHILD ABDUCTION?
Jul 02, 2005, 10:04:47 AM
My ex took off with my child yesterday.  My ex took my child out of state and caused me to miss my custodial time with my child.  This breaks about 3 different points in our order, and my attorney had wrriten a letter to their attorney pointing out that the time they were fighting for was in violation.

Because my ex has abducted my child in the past so as to relocate them as leverage in their case, I asked the local police to file a report.

After sufficiently grilling me (in case you have yet to guess, I am the non-cusotdial Dad) and overscrutinizing my court order (which I keep on hand like my license, registration and proof of insurance), the cop told me he would take the order back and scrutinize it some more, then call me letting me know his thoughts.

He did call me explaining that he and his superior wanted to know if I wanted the report sent to the DA for criminal charges.

What does this mean to me?  Will they take my ex to jail, and should I allow this?

Please advise.
#12
Custody Issues / Undetected Abuse.
Feb 06, 2005, 11:09:12 PM
In Re: CASE NUMBER: FL – 48603
       Undetected Abuse.

To Whom It May Concern:

My name is James Chamberlain and I am a resident of
Northern California at 865 Red Bluff CA 96080.

I am a non-custodial parent of a seven year old
daughter and my ex-wife's father is also her pro-bono
divorce attorney in Tahema County Superior Case: FL –
48603.

My ex-wife suffers from serious psychological
problems, caused our car to be reposessed, ran up
thousands of dollars in bills, bouncing checks to and
verbally abusing our landlord who then issued us
eviction papers, the after gambling our family's money
away while on a drug binge in Las Vegas, abducted our
child and fled our marriage.

In March of 1999 she abducted our child and
disappeared with her for weeks.

Nonetheless, she has been sheltered from these issues
and her father filed divorce papers to legitimize my
ex-wife's child kidnapping after the fact.

Recently I had to take my daughter to the doctor
because she was complaining of a sprained wrist.
While at the doctor's my daughter told the doctor that
the first time the child's wrist began hurting was
when "mommy was hitting" her (evidently the child was
blocking a blow).

Weeks later the child susatained a break to this same
wrist while in the mother's care, but rather than
taking the child to the hospital to have the wrist
examined and treated, the mother cloistered the child
at the grandmother's trailer in the hills of
Cottonwood.

Previously my ex-wife has had her father revoke my
parental rights and in each instance I gain them back
with more time with my child being granted to me than
before.  

Most recently when I restored my parental rights I
immediately took my daughter to get her teeth worked
on to discover that the mother had allowed the child
to go 7 years with only one trip to the dentist and
the child now had eight cavities, needed two root
canals and one molar extraction.

There are also issues of the mother enabling parental
alienation which while constituting emotional abuse is
far more challenging to track and prove.

Because of all of this I filed a motion to modify
custody so that I could act as Primary Caregiver while
the mother completes her schooling and whatever else
it is keeping her from caring sufficiently for my
daughter's needs.

This has dragged out for months and now when my
daughter is seen by counselors they all scratch their
heads and state that my daughter does not look like
she is being abused.

I explain that there is no way to detect the abuse in
a situation where the mother is aware she is under
scrutiny and even in light of the doctor's notes,
teacher's notes, dentist's notes and even the mother's
own admissions to returning to corporal punishment in
violation of the existing order which she submitted
under the penalty of perjury to The Court in her
responsive declaration - no body seems interested or
motivated to assist with contempt of court or criminal
investigations.

I am trying right now to find statistics pertinent to
the number of children who are discovered to have been
abused which were previously undetected even by
counselors, etc.

Please advise,

James D. Chamberlain
[email protected]
865 Locust Street
Red Bluff CA 96080
530.527.5160

#13
Custody Issues / Hopeless, or what!?!
Jan 25, 2005, 02:29:34 AM
Hello:

I am presently involved in a court case involving
custody and child support issues in Red Bluff (Tehama
County) Northern California.

To preface the case: I married the daughter of a
divorce attorney.  She's got psychological problems
involving addiction to gambling and drugs, and in 1999
she kidnapped my daughter.

When I tried to enforce my rights and protect my
daughter ( who was at that time 2 years old ) by
filing child kidnapping charges pursuant Civil Code
Section 278 & 278.5, my father-in-law caught wind of
it and prepared, filed and faxed divorce papers to the
detective who was working on my missing persons case.

The detective then served these on me and from this
point until today (5 years later) the meter has been
running.

My opposing party has caused the court to revoke my
parental rights 3 times, once in 1999, once in 2001
and once in 2003 and in each instance I have been able
to cause the court to give me back my parental rights
with my daughter and in so doing I gained more time
with my daughter in each instance.

In October of 2004 I was forced to file for
modification of custody of my daughter because my
ex-wife has returned to the use of corporal punishment
in violation of our existing order of the court.

My daughter complained of a sore wrist and when I took
my daughter to the doctor, she told him the wrist
first started hurting her when "mommy was hitting me".

Three weeks later the child broke her wrist and was
then sent by the mother to her grandmother's home
rather than the hospital.

I found out about this when the child was sent home by
the child's school who noted that the child's wrist
was swollen, bruised and her hand was immobile.

I believe this might have been to keep the child from
reporting possible abuse to the medical staff.

I have also discovered that the child has only been
taken to the dentist by the mother once in seven years
and when I finally began taking the child to the
dentist on my private insurance, I discovered that the
child has 8 cavities, needs two root canals and last
month I had to have her molar extracted.

The mother has enrolled herself full time in college,
and reports having had to scale back her work schedule
-  although, in actuality she works several part time
jobs.  So she is doing college full time, working as
many as five part time jobs, she involves herself
exhaustively in the child's school (mainly to block me
from involvement).

This brings to light the issue of "The First Right of
Refusal" which they deny me, leaving my daughter to
stay with ANYONE but me whenever not ordered in the
court's order.

Subsequently my daughter has been sent with the
maternal grandmother to a weird "fire and brimstone"
church where they have been demonizing me and my faith
to my daughter.

I have not asked the court to eliminate my ex-wife's
parental rights, but rather to make me the custodial
parent until such time as the mother completes her
schooling.

In her responsive declaration, however, the mother
asks the court to make her the sole parent AGAIN
trying to deny me the right to father my daughter.

The lawyer that I hired I paid an initial $2,500.00
retainer to.  Following this I paid another $1,600.00
and just paid another $1,00.00.  However, the lawyer
now tells me I owe her $6,000.00.

She brought this up to me when I told her that I
wanted her to file contempt charges due to my
ex-wife's admissions in her responsive declaration
submitted to the court under penalty of perjury
wherein my ex-wife admits to violating the order of
the court by returning to the use of corporal
punishment - AND - by her telling my daughter that
they would be moving out of state (to complete my
ex-wife's graduate studies).

My attorney told me: "You are already into me for
$6,000.00 and after the evidencing hearing you'll be
up to $11,000.00 - so how can we afford to file
contempt when you can't even afford what we've already
done".

ALTHOUGH SHE HAS NOT ACCOMPLISHED ANYTHING
ADVANTAGEOUS TO MY CASE.

Now, my lawyer tells me that it is my ex-wife's
constitutional right to spank my daughter. I reminded
my layer that my ex-wife agreed with me to make the
"no-spank" clause a part of our "Agreement" when we
met with the mediator, this was then reviewed by my
ex-wife's lawyer and they entered it to the court
which then made it the order of the court.

So, basically, it looks like I have paid $5,100.00 to
a lawyer who has stated that I am expected to pay her
an additional $6,000.00 WITH NOTHING TO THE ADVANTAGE
OF MY CASE BEING ACCOMPLISHED - and the order of the
court which we have in place is not worth the paper
it's written on because if I try to enforce it - it
appears that my attorney appreciates my opposition's
constitutional rights more than she appreciates my
daughter's rights not to be abused or my rights to
protect my daughter.

What the hell do I do now!?!

[email protected]

       
#14
Thanks to everyone who has assisted in my case by offering advice on these boards and off - I prevailed in my case and now have 50/50 custody (after 5 long years of struggling to get out from under a rigged case).

Simply put, I should have had 50/50 custody at the very onset of the split - but because of my opposition's abuse of authority as officer of the court, and the biological mother's insidious lies - I have had to fight 5 years - somtimes In Pro Per, to get this far.

But my kid needs me and was never going to be anything to BM besides a social services meal ticket - so I never gave up despite the fact that it's been a long hard thankless hill to climb.

My ex-wife and her lawyer (also her dad and my ex-father-in-law) were trying to punish me for motioning the courts (how dare I protect my child from neglect and abuse - AND - enforce my rights as a father) by asking for modification of child support.

While I got the 50/50 I was after - they did modify child support for mom - THEY SHAVED 2/3 OFF HER SUPPORT!

Following the 'fire-side' advice I received on the sly from several of my opponent's rival lawyers in town - I got a Certified Family Law Specialist from out of town who also modified the order so there is no longer a CUSTODIAL and NON-CUSTODIAL PARENT and no VISITATION.

Now we are PARENT and OTHER PARENT and we have TIME-SHARE with the child.

MY LASTING COMPLAINT:
I probably could have gotten SOLE custody - were it not for the fact that the BM and her dad/lawyer kept threatening to bring in a panel of expert whitnesses which they stated would support allegations.

Additionally, they said that they were in posession of emails sent from me to the child's school and that these would somehow be damning to my case.

Never mind that fact that I am on the PTA, teach a class at the child's school and have confirmed with the clergy, principle, teachers, and parents of students from this school all encouraging my involvement and participation in my daughter's environment - somehow the BM has been able to gether up emails and keeps a clandestine "panel" of ringers waiting to chime in about whatever they have to crucify me with.

Obviously it is harmful to the child to have the BM constantly stalking me and trying to manipulate ANY of my parenting measures against me as somehow representing an attack on her.

MY QUESTION:
What can I do to protect myself?  How can the BM enter into court data when the only relevance it has to custody is to demonstrate how much the BM hates my fathering my kid?

Thnaks again and keep them cards and letters coming!
#15
Father's Issues / CHILD ABDUCTION!?!
Jul 02, 2005, 10:19:33 AM
My ex took off with my child yesterday. My ex took my child out of state and caused me to miss my custodial time with my child. This breaks about 3 different points in our order, and my attorney had wrriten a letter to their attorney pointing out that the time they were fighting for was in violation.

Because my ex has abducted my child in the past so as to relocate them as leverage in their case, I asked the local police to file a report.

After sufficiently grilling me (in case you have yet to guess, I am the non-cusotdial Dad) and overscrutinizing my court order (which I keep on hand like my license, registration and proof of insurance), the cop told me he would take the order back and scrutinize it some more, then call me letting me know his thoughts.

He did call me explaining that he and his superior wanted to know if I wanted the report sent to the DA for criminal charges.

What does this mean to me? Will they take my ex to jail, and should I allow this?

Please advise,

Dad E. O
 
#16
Father's Issues / Undetected Abuse.
Feb 06, 2005, 11:00:17 PM
In Re: CASE NUMBER: FL – 48603
       Undetected Abuse.

To Whom It May Concern:

My name is James Chamberlain and I am a resident of
Northern California at 865 Red Bluff CA 96080.

I am a non-custodial parent of a seven year old
daughter and my ex-wife's father is also her pro-bono
divorce attorney in Tahema County Superior Case: FL –
48603.

My ex-wife suffers from serious psychological
problems, caused our car to be reposessed, ran up
thousands of dollars in bills, bouncing checks to and
verbally abusing our landlord who then issued us
eviction papers, the after gambling our family's money
away while on a drug binge in Las Vegas, abducted our
child and fled our marriage.

In March of 1999 she abducted our child and
disappeared with her for weeks.

Nonetheless, she has been sheltered from these issues
and her father filed divorce papers to legitimize my
ex-wife's child kidnapping after the fact.

Recently I had to take my daughter to the doctor
because she was complaining of a sprained wrist.
While at the doctor's my daughter told the doctor that
the first time the child's wrist began hurting was
when "mommy was hitting" her (evidently the child was
blocking a blow).

Weeks later the child susatained a break to this same
wrist while in the mother's care, but rather than
taking the child to the hospital to have the wrist
examined and treated, the mother cloistered the child
at the grandmother's trailer in the hills of
Cottonwood.

Previously my ex-wife has had her father revoke my
parental rights and in each instance I gain them back
with more time with my child being granted to me than
before.  

Most recently when I restored my parental rights I
immediately took my daughter to get her teeth worked
on to discover that the mother had allowed the child
to go 7 years with only one trip to the dentist and
the child now had eight cavities, needed two root
canals and one molar extraction.

There are also issues of the mother enabling parental
alienation which while constituting emotional abuse is
far more challenging to track and prove.

Because of all of this I filed a motion to modify
custody so that I could act as Primary Caregiver while
the mother completes her schooling and whatever else
it is keeping her from caring sufficiently for my
daughter's needs.

This has dragged out for months and now when my
daughter is seen by counselors they all scratch their
heads and state that my daughter does not look like
she is being abused.

I explain that there is no way to detect the abuse in
a situation where the mother is aware she is under
scrutiny and even in light of the doctor's notes,
teacher's notes, dentist's notes and even the mother's
own admissions to returning to corporal punishment in
violation of the existing order which she submitted
under the penalty of perjury to The Court in her
responsive declaration - no body seems interested or
motivated to assist with contempt of court or criminal
investigations.

I am trying right now to find statistics pertinent to
the number of children who are discovered to have been
abused which were previously undetected even by
counselors, etc.

Please advise,

James D. Chamberlain
[email protected]
865 Locust Street
Red Bluff CA 96080
530.527.5160
#17
Hello:

I am presently involved in a court case involving
custody and child support issues in Red Bluff (Tehama
County) Northern California.

To preface the case: I married the daughter of a
divorce attorney.  She's got psychological problems
involving addiction to gambling and drugs, and in 1999
she kidnapped my daughter.

When I tried to enforce my rights and protect my
daughter ( who was at that time 2 years old ) by
filing child kidnapping charges pursuant Civil Code
Section 278 & 278.5, my father-in-law caught wind of
it and prepared, filed and faxed divorce papers to the
detective who was working on my missing persons case.

The detective then served these on me and from this
point until today (5 years later) the meter has been
running.

My opposing party has caused the court to revoke my
parental rights 3 times, once in 1999, once in 2001
and once in 2003 and in each instance I have been able
to cause the court to give me back my parental rights
with my daughter and in so doing I gained more time
with my daughter in each instance.

In October of 2004 I was forced to file for
modification of custody of my daughter because my
ex-wife has returned to the use of corporal punishment
in violation of our existing order of the court.

My daughter complained of a sore wrist and when I took
my daughter to the doctor, she told him the wrist
first started hurting her when "mommy was hitting me".

Three weeks later the child broke her wrist and was
then sent by the mother to her grandmother's home
rather than the hospital.

I found out about this when the child was sent home by
the child's school who noted that the child's wrist
was swollen, bruised and her hand was immobile.

I believe this might have been to keep the child from
reporting possible abuse to the medical staff.

I have also discovered that the child has only been
taken to the dentist by the mother once in seven years
and when I finally began taking the child to the
dentist on my private insurance, I discovered that the
child has 8 cavities, needs two root canals and last
month I had to have her molar extracted.

The mother has enrolled herself full time in college,
and reports having had to scale back her work schedule
-  although, in actuality she works several part time
jobs.  So she is doing college full time, working as
many as five part time jobs, she involves herself
exhaustively in the child's school (mainly to block me
from involvement).

This brings to light the issue of "The First Right of
Refusal" which they deny me, leaving my daughter to
stay with ANYONE but me whenever not ordered in the
court's order.

Subsequently my daughter has been sent with the
maternal grandmother to a weird "fire and brimstone"
church where they have been demonizing me and my faith
to my daughter.

I have not asked the court to eliminate my ex-wife's
parental rights, but rather to make me the custodial
parent until such time as the mother completes her
schooling.

In her responsive declaration, however, the mother
asks the court to make her the sole parent AGAIN
trying to deny me the right to father my daughter.

The lawyer that I hired I paid an initial $2,500.00
retainer to.  Following this I paid another $1,600.00
and just paid another $1,00.00.  However, the lawyer
now tells me I owe her $6,000.00.

She brought this up to me when I told her that I
wanted her to file contempt charges due to my
ex-wife's admissions in her responsive declaration
submitted to the court under penalty of perjury
wherein my ex-wife admits to violating the order of
the court by returning to the use of corporal
punishment - AND - by her telling my daughter that
they would be moving out of state (to complete my
ex-wife's graduate studies).

My attorney told me: "You are already into me for
$6,000.00 and after the evidencing hearing you'll be
up to $11,000.00 - so how can we afford to file
contempt when you can't even afford what we've already
done".

ALTHOUGH SHE HAS NOT ACCOMPLISHED ANYTHING
ADVANTAGEOUS TO MY CASE.

Now, my lawyer tells me that it is my ex-wife's
constitutional right to spank my daughter. I reminded
my layer that my ex-wife agreed with me to make the
"no-spank" clause a part of our "Agreement" when we
met with the mediator, this was then reviewed by my
ex-wife's lawyer and they entered it to the court
which then made it the order of the court.

So, basically, it looks like I have paid $5,100.00 to
a lawyer who has stated that I am expected to pay her
an additional $6,000.00 WITH NOTHING TO THE ADVANTAGE
OF MY CASE BEING ACCOMPLISHED - and the order of the
court which we have in place is not worth the paper
it's written on because if I try to enforce it - it
appears that my attorney appreciates my opposition's
constitutional rights more than she appreciates my
daughter's rights not to be abused or my rights to
protect my daughter.

What the hell do I do now!?!

[email protected]