Ex took son out of state, now proving it.

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Ex took son out of state, now proving it.

Postby thecaptain24 » Sat Apr 14, 2012 9:04 pm

After the whole circus show in court to retrieve our son in 2011, my son is ordered to stay in state, unless the judge approves until final hearing. He looked her dead in the eyes in Jan hearing, told her he is to remain in CO and asked if he was perfectly clear. She said yes.

Easter came around and I texted her (Easter was not specified in Parenting time, but she had him last year.) And asked if I would have him. She responses with "I would love to give him to you on my parenting time but I'm out of town right now." Dumb, but okay.. I had a hunch she was in TX. I thought she had a new boy toy, and after previous CFI report came out and all of sudden she was talking about moving to TX, thought that had something to do with it..

So, I get my son this weekend and he tells me he met his new grandma and grandpa. Thought my ex introduced him to her new bfs parents.

Wife calls her friend, and asks her to do some investigative work on FB since Ex found out about my fb access during last CFI report and deleted my friends page I was gaining access to my evidence through.

Friend finds out she was not with a bf, but reunited with her bio dad she has never met. Lives in TX. Now this is what I have for evidence.

1. The text.
2. A picture of her and our son in front a white house and white vehicle. Found the fathers address via internet, did a quick google earth search and street view can match the house in the pic.
3. A picture of the same vehicle on Fathers FB page.
4. A post from multiple people saying they've reunited with her.

Now, not completely solid, but could it be enough to request her bank statements or something to confirm she was out of state? This was the judges BIGGEST issue with her, and so far (still waiting to prove evidence to the judge) every order he gave her in Jan has been violated (3 other contempt charges we can prove).

Dig further and push it (this is one of my major concerns), just bring it up with the custody evuluator, or drop it.. Opinions..
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Re: Ex took son out of state, now proving it.

Postby defaultuser » Sat Apr 14, 2012 9:07 pm

I can't offer advice on whether this is useful in court, but you can subpoena her bank records to find the airline ticket, then subpoena the airline to get the flight information.
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Re: Ex took son out of state, now proving it.

Postby thecaptain24 » Sat Apr 14, 2012 9:13 pm

defaultuser wrote:I can't offer advice on whether this is useful in court, but you can subpoena her bank records to find the airline ticket, then subpoena the airline to get the flight information.


She drove. My son told me he drove far away for Easter, and he got his easter basket in the car. I dont know why she would do that, the kid will tell you every detail of his life if you'll let him. But I'm sure the statements will show gas purchases through CO, NM, and TX.

Can i have my atty subpoena them without a judges order?
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Re: Ex took son out of state, now proving it.

Postby defaultuser » Sat Apr 14, 2012 9:17 pm

I don't think a judge has to sign off on anything for a subpoena, but I do believe there must be an open legal action. I don't think you can go around issuing subpoena's for any information you want.

You may have to file a motion for contempt first. Again... What is the harm done besides the judge said no?
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Re: Ex took son out of state, now proving it.

Postby Trevor » Sat Apr 14, 2012 9:18 pm

I certainly would not drop it. But whether to pull that trigger now is a strategic question for your atty, along with the other contempt issues you mention that you can prove. You should ask for the majority of the parenting time since she wilfully and contemptuously breaks present orders of this judge.
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Re: Ex took son out of state, now proving it.

Postby thecaptain24 » Sat Apr 14, 2012 9:27 pm

defaultuser wrote:I don't think a judge has to sign off on anything for a subpoena, but I do believe there must be an open legal action. I don't think you can go around issuing subpoena's for any information you want.

You may have to file a motion for contempt first. Again... What is the harm done besides the judge said no?


True. I got all this info last night so I cant talk to my atty until Mon. But I'll be calling her first thing. I'm sure she'll want to wait until final hearing even with the bank statements if I can obtain them, but I don't think the judge will be very happy with her about it. I'm more curious at what the judge considers solid proof on this matter.
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Re: Ex took son out of state, now proving it.

Postby thecaptain24 » Sat Apr 14, 2012 9:32 pm

Trevor wrote:I certainly would not drop it. But whether to pull that trigger now is a strategic question for your atty, along with the other contempt issues you mention that you can prove. You should ask for the majority of the parenting time since she wilfully and contemptuously breaks present orders of this judge.


I am. I was thinking Final hearing would be best (now that hes already come back safe) and the judge is overworked right now (atty says hes been canceling things left and right because of being overbooked with high conflict cases). I'm asking the judge she get every Thursday and EOW, one of the reasons being pointed out is the inability of her to follow court orders. The other 3 contempt charges my atty will be pointing out happened within a week of the judges orders in Jan.

She hates being told what to do. And will do anything to push boundaries, I thought it was just with me.. Turns out it's judges as well..
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Re: Ex took son out of state, now proving it.

Postby Trevor » Sat Apr 14, 2012 9:36 pm

You might start off with asking for supervised parenting time because of her proven and repeated, utter disregard for the judge's rulings.

You can negotiate down from there, but it doesn't seem a stretch to me that supervised will reduce the likelihood that you will have to drag her back again to the overburdened court system for additional contempt charges. I trust as well that you are filing for fees too, right?
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Re: Ex took son out of state, now proving it.

Postby thecaptain24 » Sat Apr 14, 2012 9:52 pm

Trevor wrote:You might start off with asking for supervised parenting time because of her proven and repeated, utter disregard for the judge's rulings.

You can negotiate down from there, but it doesn't seem a stretch to me that supervised will reduce the likelihood that you will have to drag her back again to the overburdened court system for additional contempt charges. I trust as well that you are filing for fees too, right?


I'm not sure how well that would go. Currently the plan has me EOW. (I do have a calendar showing that the actual parenting time was not consist with the court documents). Not sure how successful people have been with getting a completely reversed parenting plan. I have a pretty strong case (and by that I mean, I have actual evidence and shes just throwing < feces > at the wall hoping something will stick).I'm Hoping my expert witness will be enough for the judge to reverse it completely, but who knows. She is a nationally awarded social worker, and co-creator of the court ordered parenting class for our county, visits my home once a week, and advocating on my behalf and for my parenting abilities and the success my son had while in my sole care. (Figure if I have a shot, she is my golden ticket). But crazier < feces > has happened.

And I sure did. Judge already denied hers (she filed for fees as well), mine are pending final hearing.29k+ in frivolous BS, out of 42k bill. I know I won't see much if, any, but I can dream right?
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