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Author Topic: multiple custody cases?  (Read 520 times)
suffering_parent
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« on: October 31, 2013, 10:38:24 PM »

So I now have 2 custody cases going.   One in the US and one in Canada.    I already have temp custody here in the US and court coming in early december for perm custody.

Now I get served today for custody and child support from Canada.   She fled there after leaving me.

This is going to get really interesting.   I can't afford another lawyer in Canada.   I think she knows this.   I am going to file a counter-claim that the court doesn't have jurisdiction.    She also lied as the first thing on the papers says no prior court order exists... .

I can't imagine this will go anywhere, but the "welfare" system up there is giving her a FREE lawyer.   What a joke.

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Nope
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Who in your life has "personality" issues: Romantic partner’s ex
Relationship status: married
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« Reply #1 on: November 01, 2013, 05:33:37 AM »

You really don't have two cases going. Simply send a copy of the previous order up for her lawyer to look at and that should be the end of that. There is literally nothing they can do for her no matter what her sob story might be.

The thing about pwBPD is that they have no concept that they won't be able to get away with something. Or maybe they do, but they put the odds at 50/50 so it's worth trying. And they do tend to get away with a lot more simply because other people don't realize they are trying to do something they shouldn't be able to get away with and play along thinking the pwBPD wouldn't be doing it if they didn't have standing.
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ForeverDad
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Relationship status: separated 2005 then divorced
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You can't reason with the Voice of Unreason...


« Reply #2 on: November 01, 2013, 07:31:29 AM »

International situations could be a bit convoluted and unpredictable.  Don't assume sending your documentation of a pending case as a response will end the matter.  Hopefully it will but you never know... .
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catnap
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« Reply #3 on: November 01, 2013, 09:25:33 AM »



Parental Child Snatching: An Overview

www.travel.state.gov/abduction/resources/resources_545.html 

On your left you will see links for all sorts of information and resources.  Such as: Opening an International Parental Child Abduction Case www.travel.state.gov/abduction/solutions/opencase/opencase_3849.html

You will want to get advise from your L of course, but it might be helpful to have some knowledge or to be able to call someone with the state department to get further information based on your case. 

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suffering_parent
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« Reply #4 on: November 01, 2013, 10:35:59 AM »

Parental Child Snatching: An Overview

www.travel.state.gov/abduction/resources/resources_545.html 

On your left you will see links for all sorts of information and resources.  Such as: Opening an International Parental Child Abduction Case www.travel.state.gov/abduction/solutions/opencase/opencase_3849.html

You will want to get advise from your L of course, but it might be helpful to have some knowledge or to be able to call someone with the state department to get further information based on your case. 

I already been through all of that.   I have the kids and temp custody.   It took filing kidnapping charges and getting a court order to return the kids.  My custody order now prohibits the kids from leaving the judge's jurisdiction.   I am just fighting now to get perm custody.   It is just insane she filed up there.    I sent the papers to their GAL.   She is quite surprised by it too.  I think it bolsters my case here though.   She is challenging the judges jurisdiction.   I suspect the judge won't be happy.
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livednlearned
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« Reply #5 on: November 02, 2013, 09:01:35 PM »

Can you tell us how you handled the kidnapping charges? It comes up here often enough, and I know there are members who want to be proactive, to know what to do, when that happens, and maybe what to do to prevent it.

It sounds like you have been through this enough to know that her custody case up there won't go far. What are you asking for in the permanent order?
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Breathe.
suffering_parent
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« Reply #6 on: November 03, 2013, 09:01:00 AM »

Can you tell us how you handled the kidnapping charges? It comes up here often enough, and I know there are members who want to be proactive, to know what to do, when that happens, and maybe what to do to prevent it.

It sounds like you have been through this enough to know that her custody case up there won't go far. What are you asking for in the permanent order?

The night she left with the kids she called the police.   Of course they took her side even though she was screaming at me and had hit me earlier.   I told them she would take off and take the kids to Canada.   They police threatend to put me in jail if I argued anymore so I had to leave.

So of course she took the kids to Canada.   To really get anywhere I had to hire a lawyer.   Filed for emergency temp custody of the kids.   While that was going on I was filing abduction charges using the Hague Convention.   I got lucky and the judge pushed back on the emergency order.   My lawyer emailed the judge asking her to make an order to have the kids returned here instead.   The judge issued that order and we emailed it to my BPDw.   I was fortunate I didn't have to pursue the abduction charges any further.

Without a court order no authorities will help you.   So that was key to getting them back.   Once I had that the pressure was on and she returned the kids to me.    She then gave me custody in the temp hearing.

I have now talked to a lawyer in Canada for a consult.   She just laughed and said BPDw is creating a mess for herself.   She recommended I send the current custody order to her lawyer.   Then she told me how to respond.   Basically I am responding that there is already a custody order in place!   The lawyer said that the existing order would likely be respected and this will go nowhere.   I hope she is right.
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