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Oct 7, 2010 8:10:19 GMT -5
Post by knl677 on Oct 7, 2010 8:10:19 GMT -5
Just wanted to introduce myself. I'll give a brief description of what has happened with us. My husband has four daughters ages: 21, 16, 12, and 10. It will be a year this month that he has seen them/heard from them. We have held the ex in contempt once for moving to another town without notice and violating the divorce decree. Since that time the children slowly started to turn on my husband i.e. lying, keeping secrets, not coming for visitation, ignoring him at school functions to the extent that my husband gave up. I hope others will learn from our mistakes. I created a site to vent and to share our story: myexperiencewithpas.weebly.com/index.html
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Oct 7, 2010 11:22:10 GMT -5
Post by Harrison on Oct 7, 2010 11:22:10 GMT -5
Hi kn, It looks like you have a classic case of PA. As I don't know what state your in I can do little to help. In my state (WA) the contempt charge is a good first step, although little to nothing is usually done at least when it comes to mothers. How ever after the first contempt conviction the next the next filing is not contempt, but parental interference a class C felony. We are more than willing to help find laws such as this in your state (?) and help were we can. We won't give up on a father that doesn't give up on his kids! So smack him on the butt tell him you love him and let's do some thing to get his girls what they need, A FATHER!! And if it makes life hard on a criminal, I won't shed one tear.
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Oct 7, 2010 11:44:53 GMT -5
Post by knl677 on Oct 7, 2010 11:44:53 GMT -5
We live in Illinois, and my husband thinks that he is in contempt because he stopped picking them up for visitation out of frustration. Thanks for your reply.
Kim
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Oct 7, 2010 12:02:53 GMT -5
Post by Harrison on Oct 7, 2010 12:02:53 GMT -5
I was reading your site it sounds like your state is ILL. I realize your site is meant to blow off steam, but it can also be used as evidence in court should his ex find it. Taken out of context or twisted your site could be very detrimental to any future court proceedings. This site is a good place to vent do to your anonymity, at least til the litigation is over. I'm off to look at IL statue. Most states get damn nasty after the first or second contempt conviction.
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Oct 7, 2010 12:21:43 GMT -5
Post by Harrison on Oct 7, 2010 12:21:43 GMT -5
He is in contempt! and that's giving the ex just what she wants. If this is his week end get his but over and at least try to pick up his girls and follow that parenting plan to the letter. That will put him back on solid ground. On the other hand he has blown any immediate action that may have been available to him as far as contempt type charges go, do to the clean hands doctrine. That's not to say if she interfere with him trying to up hold his end of the parenting plan after a few weeks he will have grounds, but he has got to try!!!! (good faith effort) should set things right
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Oct 7, 2010 12:46:26 GMT -5
Post by Harrison on Oct 7, 2010 12:46:26 GMT -5
(720 ILCS 5/10‑5.5) Sec. 10‑5.5. Unlawful visitation or parenting time interference. (a) As used in this Section, the terms "child", "detain", and "lawful custodian" have the meanings ascribed to them in Section 10‑5 of this Code. (b) Every person who, in violation of the visitation, parenting time, or custody time provisions of a court order relating to child custody, detains or conceals a child with the intent to deprive another person of his or her rights to visitation, parenting time, or custody time commits the offense of unlawful visitation or parenting time interference. (c) A person committing unlawful visitation or parenting time interference is guilty of a petty offense. Any person violating this Section after 2 prior convictions of unlawful visitation interference or unlawful visitation or parenting time interference, however, is guilty of a Class A misdemeanor. (d) Any law enforcement officer who has probable cause to believe that a person has committed or is committing an act in violation of this Section shall issue to that person a notice to appear. (e) The notice shall: (1) be in writing; (2) state the name of the person and his or her address, if known; (3) set forth the nature of the offense; (4) be signed by the officer issuing the notice; and (5) request the person to appear before a court at a certain time and place. (f) Upon failure of the person to appear, a summons or warrant of arrest may be issued. (g) It is an affirmative defense that: (1) a person or lawful custodian committed the act to protect the child from imminent physical harm, provided that the defendant's belief that there was physical harm imminent was reasonable and that the defendant's conduct in withholding visitation rights, parenting time, or custody time was a reasonable response to the harm believed imminent; (2) the act was committed with the mutual consent of all parties having a right to custody and visitation of the child or parenting time with the child; or (3) the act was otherwise authorized by law.
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Oct 7, 2010 13:08:25 GMT -5
Post by Jim on Oct 7, 2010 13:08:25 GMT -5
I agree with Harrison about your website, it WILL be used against you by any parasite attorney of hers and will be twisted into ways you can't even imagine. Your husband needs to get beyond his frustration (and believe it, we know how it is) and do everything possible to get the kids during his visitation time AND RECORD EVERYTHING AND EVERY ATTEMPT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! His contempt for not getting them must stop and what has been going on right now is a he said she said thing basically until she files a complaint for contempt, he needs to get back on track asap before she files something. If you have an attorney, a letter needs to be written to the mother demanding that she have the kids ready to go with the father at such court ordered time regardless if they want to go or not. (more evidence he is trying). If you don't have an attorney do it anyways by certified mail and document everything and record all conversations if your state allows it via phone, It's time to play hardball before you two really get into a mess that will take yrs and alot more heartache to get out of. We will do what we can to help you.
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Oct 7, 2010 13:38:49 GMT -5
Post by Harrison on Oct 7, 2010 13:38:49 GMT -5
It would seem that under this statue he is not in contempt (just goes to show ya how laws differ form state to state) because the ex did not object to him not picking up the kids there by making it mutual consent. So now if he tries enforce his legal time with the girls and the ex interfere with that slap another contempt charge on her, it doesn't look like much will happen, but the third contempt charge will be a criminal offense class A misdemeanor. That should put a spring in his step. A word of advice DO NOT fight argue or even hint at legal action if she denies the visitation, walk away (any harsh words will be used against you and twisted to her benefit) I've looked all over and can't find the court forms for you, most states have a place on their court site you can print the paper work you'll need. A LITTLE HELP?
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Oct 7, 2010 15:36:15 GMT -5
Post by knl677 on Oct 7, 2010 15:36:15 GMT -5
To Framed Father and Harrison
She does not have an attorney. She did not have one when they got divorced. My husband paid for it and had everything written out. She will never get one either because she knows she is in contempt just as much as my husband if not more.
One reason he does not go and get them where is he supposed to go with them. Me and my daughter should not be run out of our home so these children can come and sit in silence in our home. And how would I explain to my daughter who is 6 why the girls won't speak/play with her (because they won't). One of his children is 16 now so she definitely will not come.
I used no names and no towns on my site so how can she prove this is about her? She would have to admit that she allowed her children to live in those conditions of that home.
My husband is happy and content living the way we are and I just don't know how to get him to come around to want his children again. I drop little hints i.e. parent teacher conferences coming up or there is a game coming up etc...I get nothing.
I just don't know what else to do. I myself would never turn my back on my daughter no matter what and would move heaven and earth to fight for her (if i was in that situation).
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Oct 7, 2010 16:58:48 GMT -5
Post by Harrison on Oct 7, 2010 16:58:48 GMT -5
I can under stand and maybe he's right. Why let the ex's poison spread into the beautiful relation he and your daughter have......If his feelings change we will do our best to help.
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Apr 5, 2011 19:52:26 GMT -5
Post by clyde on Apr 5, 2011 19:52:26 GMT -5
I just wanted to introduce myself, My family was forced into a condition of genocide, by the collusive, collective and collaborated efforts of the Washington County Sheriff's Association, The Washington Elementary School, and the St. George DCFS/CPS in Washington, Utah. Even though I have their signed confessions to violations of U.S. Code TITLE 18: Sections, 241 (conspiracy) 242 (deprivation) 1091 (genocide), I and my wife (the natural parents) have been reduced to "no standing" in the courts. They took our only son who we had raised for 8-1/2 years for an accusation of child abuse that they never had to prove, and they ended up dropping that charge, but kept the ex post facto charges to control us in place to terrorize and intimidate us. I know that they perjured their oaths of office and committed treason, but who do I complain to, the kidnappers who allow procedural due process, but deny substantive due process? I wrote some poetry about this which a friend of mine posted on one of his websites. www.sladecool.com
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Apr 9, 2011 7:44:48 GMT -5
Post by Jim on Apr 9, 2011 7:44:48 GMT -5
I just wanted to introduce myself, My family was forced into a condition of genocide, by the collusive, collective and collaborated efforts of the Washington County Sheriff's Association, The Washington Elementary School, and the St. George DCFS/CPS in Washington, Utah. Even though I have their signed confessions to violations of U.S. Code TITLE 18: Sections, 241 (conspiracy) 242 (deprivation) 1091 (genocide), I and my wife (the natural parents) have been reduced to "no standing" in the courts. They took our only son who we had raised for 8-1/2 years for an accusation of child abuse that they never had to prove, and they ended up dropping that charge, but kept the ex post facto charges to control us in place to terrorize and intimidate us. I know that they perjured their oaths of office and committed treason, but who do I complain to, the kidnappers who allow procedural due process, but deny substantive due process? I wrote some poetry about this which a friend of mine posted on one of his websites. www.sladecool.com Hi Clyde, thanks for joining us here. Sorry to hear of your situation, you are not alone, we are all casualties of war here.
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