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Originally posted by Dr Strangelove
Hmmmmmmmmm................. Some years ago one of my nurses divorced her husband and got custody of their child. The case was handled in a city court since that was where the couple had been residing. Deciding factors in the case had been Dad's repeated alcohol fueled run ins with the law, his inability to maintain a job, also alcohol fueled and repeated assault of his wife, confirmed by a whole slew of witnesses. It turned out that the hubbie's father was a close friend of a judge in a neighboring county. One day hubbie wrested the kid away from our nurse, at gun point, drove the kid over the county line and had the friendly judge reverse the decision.
Wow. I would have expected th ensuing conviction for assault with a deadly weapon to sort of nullify the "friendly judge's" custody decision. Very hard to raise a child in prison.
That should get the judge spanked. Don't you guys have any procedural rules to limit that kind of forum shopping. Even without the "judge as a buddy factor", people shouldn't have to relitigate the same matters over and over (unless through a proper appeal to a higher court level)
Is that the only part of the "story" that jumped out at you?
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Originally posted by DinoDoc
Is that the only part of the "story" that jumped out at you?
Nope -- but the gunpoint and alcohol and all that just served to make the action of the friendly judge all the worse.
At a basic level I wondered if two parents are in a custody dispute-- assume they are regular loving parents .. . Can one parent, not liking a decision of a judge, cross a county/state line and start the process anew?
The gunpoint stuff just meant the guy should go to jail.
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Originally posted by Flubber
At a basic level I wondered if two parents are in a custody dispute-- assume they are regular loving parents .. . Can one parent, not liking a decision of a judge, cross a county/state line and start the process anew?
No (it's part of a child kidnapping federal statute). And at the very least, Full Faith and Credit means the original decision needs to be respected. That is for crossing state lines. I believe state laws have the same for county lines.
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No (it's part of a child kidnapping federal statute). And at the very least, Full Faith and Credit means the original decision needs to be respected. That is for crossing state lines. I believe state laws have the same for county lines.
Thanks-- thats why the "buddy judge" story made no sense. there would be a fundamental lack of jurisdition.
But Imran I doubt that a parent with access to achild crossing a county line would violate any kidnapping laws unless the access order specifically precluded such travel
You don't get to 300 losses without being a pretty exceptional goaltender.-- Ben Kenobi speaking of Roberto Luongo
There's kidnapping and there's parental kidnapping. One's a death penalty offense (though rarely sought), the other is like a five year sentence.
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Wow. I would have expected th ensuing conviction for assault with a deadly weapon to sort of nullify the "friendly judge's" custody decision. Very hard to raise a child in prison.
The ex-hubbie claimed that he took the child to protect it from the wife's boyfriend. His family refuted our nurse's story and claimed that her boyfriend was abusing the child. Guess whose story the friendly judge accepted? Since the incident took place in the friendly judge's jurisdiction his was the final say so.
(The brandishing of the firearm took place after the nurse pursued the ex-husband back to his home turf.)
"I say shoot'em all and let God sort it out in the end!
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