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I feel like I am beating my head against a brick wall!

Started by gnicar23, May 13, 2011, 07:58:50 AM

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Davy

"But unless and until the BM is found, what the heck good does it do? "

C'mom ya'll.  Ya getting senile ?  Well ... the statue says the home state retains jurisdiction over ALL parties as long as a party remains a resident of the state.  However, a jerk judge/attorney in the foreign state often proceeds with custody rulings favoring the kidnapper so it is NECESSARY for the left-behind parent to use ex-parte' to further confirm jurisdiction in the home state which is the only valid jurisdiction (to easily overturn any foreign court orders).  Of course the home state court can order the child be returned and a valid custody order will provide credibility to gain school records, etc and assist in locating the child.  Once the child is located, a valid custody order will be required to retrieve the child unless the BM can't be found , is incarcerated or deceased.

By the way, for a left-behind parent to file for visitation is completely bogus since the child is missing and the abscounding parent hands are dirty .... some consider such an act a form of child abuse (ie removing a child from the love and affection of the left-behind parent with no intention of returning ... hence the legal/moral definition of kidnapping..)

What always gets me in these matters is that the BM could have just as easily filed in the home jurisdiction where any and all evidence and witnesses would be located and/or asked permission to remove the child.

Kitty C.

#11
'Once the child is located, a valid custody order will be required to retrieve the child unless the BM can't be found , is incarcerated or deceased.'

My point exactly.  The child has to be found first.  And when the child is found, so will the mother, then she can be forced back or have a warrant issued for her arrest for failure to appear and produce the child to the jurisdictional court.
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

gnicar23

I know the BM lives in Anchorage (based on the school records request that was sent to our local school), which is a very large area. A relative tried to get BM to accept a friend request on facebook to get info., but she won't do it. Doing my own PI work, I believe she may be working at a hospital there, because all of her friends on facebook work at this particular hospital as surg techs and that happens to be her profession as well.  I believe she is working as a traveling surg tech, which is how she afforded to travel up there.  Don't know if she flew or drove but if she crossed into Canada she had to have done it illegal, as our son is only 8 and would have to have a note (notarized) from the parent that is not present. Son was struggling really bad in school here and I just dont feel like it is in his best interest to be jerked from school to school every six months as her traveling job changes.  I want action done immediately but feel like I am spinning my wheels and getting no where.  Thank you all for your help, if there is anything else you think is important, please don't hesitate to tell me.  I plan on seeing an attorney today to file for custody and just see where we go from there.

Kitty C.

I highly doubt she drove up there, but not because of the border issue.  In January, it would be almost impossible to drive the Alaska Highway all the way from Washington due to the weather.

When you talk to your atty., tell him/her exactly what you told us here.  If you have an idea which hospital, that's a start.  As far as I can tell, there are 5:

Providence Alaska Medical Center
Alaska Regional Hospital
Alaska Native Medical Center
VA
St. Elias Specialty Hospital

Keep in mind that many outpatient surgical centers employ surg. techs, so you might have to track those down, too.
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......