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How can I prosecute Child Stealing / Custodial Interference (CALPC 278.5)



 
 
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  #91  
Old May 27th 04, 11:40 PM
AZ Astrea
external usenet poster
 
Posts: n/a
Default How can I prosecute Child Stealing / Custodial Interference (CAL PC 278.5)


"Beverly" wrote in message
...
big snippety


Cripes, what do you think a warrant for not paying CS is.


A warrant for contempt, which is criminal.

--------------------
A warrant for contempt can be civil or criminal. If it's criminal they
usually have to provide an atty if you can't afford one. A civil contempt
allows you to pay your way out of jail.

~AZ~


Courts don't 'mean' anything. It is a matter of how the law is written

in
the legislature. Taking (moving) a child across state lines while

denying a
specified parenting time......it has nothing to do with establishing
residence. Geesh.


The courts interpret. "Moving" may be interpreted as "establishing
residence." It may also be interpreted as motion. Denying a
non-custodial parent ordered visitation without cause (i.e. NCP
staggers to the door in a drunken stupor to pick up child) should be a
felony in and of itself WITHOUT a definition of "moving" although I
know it has not been. My opinion, when reading the law as it was
shared with us, is that lawmakers intended to keep CPs from changing
the child's residency across state lines in an effort to thwart
visitation. Hence, if CP wants to move from California to Oklahoma,
CP must ensure, and even pay for transportation, if necessary, that
visitation can commence as usual. I may be wrong... you may be taking
it too literally. Hopefully, we will find out.
You obviously are not an attorney because the advise you give is so

****
poor.

I never said I was an attorney. You are welcome to your opinion.


Telling someone to tape phone calls without nowing the state laws is
outrright negligent.

And I have told him to check his state laws.

As an aside, I have no beef with you and wonder why you seem so
hostile toward me. Why do you think you are so much the expert and
that what I have to say cannot possibly be of value?



  #92  
Old May 27th 04, 11:50 PM
krp
external usenet poster
 
Posts: n/a
Default How can I prosecute Child Stealing / Custodial Interference (CAL PC 278.5)


"JayR" wrote in message
om...
You just have to know how, or have a lawyer who knows how and is

willing
to rock the boat.


Yes, I'm less than happy with my attorney. He clearly is not
interested in being agressive or rocking the boat, as you say. I
retained him because my research indicated he'd done a lot of father's
rights work. But I've since spoken to some men at a local father's
group and they confirm that he used to be great, but is now burnt out.
I'm looking for somebody new. Mom's been through 9 attorneys in the
three locations she's moved to, which I find telling.


Then check a father's rights group to find a more sympathetic lawyer
willing to worry more about his client and less about his country club
status. They generally cost more, but in the end are worth it.

The FACT is that you have to look at your situation. If your lawyer

is
an idiot, get out the Vaseline. (That applies to women as well as men.)

The
wisest try to have as little involvement of lawyers as possible. It is
hilarious to me, sitting on the sidelines, watching a woman get a nasty
lawyer to fight over $20,000 equity in a house and wind up with a

$40,000
legal bill. The lawyers get the house and you get bills on top of it. Oh
yeah those fights are good for business. MEDIATE!
Work it out between yourselves.


Mediation is excellent advice in most situations. We've been through
two mediators and mom makes it abundently clear by her actions that
her mediated agreements, filed and stamped into law by the court, mean
nothing her. At the end of the sessions, the mediator asks each
party, "Do you understand this agreement and do you agree to be bound
by it?" Mom says 'yes,' to the mediator and signs her name on the
paper, but she says 'no' to me soon afterward.


Then you need to have a lawyer willing to the mat on it and go after
mom. It helps to have the final agreement made part of the "record" by
having a court reporter there. If she breaks it again, then that is a factor
in child custody. If you lawyer wants to have a date with the judge all your
efforts are wasted, you need one who is going to go after mom's custody and
back the judge into the corner where he has no choice but to spank mom hard!

I tried to make sure my original post said that I've tried every
peaceful avenue before bringing my case back to court and to the
police. It's the 2nd to last thing I want to do (give up being the
last).


Then you need a junkyard dog lawyer who is more than willing to take on
judgeypoo and nail him to the wall along with mom. That costs, but there are
times when you have to say; "No more Mr. Nice guy." Judges can be made to
see the light.


  #93  
Old May 27th 04, 11:50 PM
krp
external usenet poster
 
Posts: n/a
Default How can I prosecute Child Stealing / Custodial Interference (CAL PC 278.5)


"JayR" wrote in message
om...
You just have to know how, or have a lawyer who knows how and is

willing
to rock the boat.


Yes, I'm less than happy with my attorney. He clearly is not
interested in being agressive or rocking the boat, as you say. I
retained him because my research indicated he'd done a lot of father's
rights work. But I've since spoken to some men at a local father's
group and they confirm that he used to be great, but is now burnt out.
I'm looking for somebody new. Mom's been through 9 attorneys in the
three locations she's moved to, which I find telling.


Then check a father's rights group to find a more sympathetic lawyer
willing to worry more about his client and less about his country club
status. They generally cost more, but in the end are worth it.

The FACT is that you have to look at your situation. If your lawyer

is
an idiot, get out the Vaseline. (That applies to women as well as men.)

The
wisest try to have as little involvement of lawyers as possible. It is
hilarious to me, sitting on the sidelines, watching a woman get a nasty
lawyer to fight over $20,000 equity in a house and wind up with a

$40,000
legal bill. The lawyers get the house and you get bills on top of it. Oh
yeah those fights are good for business. MEDIATE!
Work it out between yourselves.


Mediation is excellent advice in most situations. We've been through
two mediators and mom makes it abundently clear by her actions that
her mediated agreements, filed and stamped into law by the court, mean
nothing her. At the end of the sessions, the mediator asks each
party, "Do you understand this agreement and do you agree to be bound
by it?" Mom says 'yes,' to the mediator and signs her name on the
paper, but she says 'no' to me soon afterward.


Then you need to have a lawyer willing to the mat on it and go after
mom. It helps to have the final agreement made part of the "record" by
having a court reporter there. If she breaks it again, then that is a factor
in child custody. If you lawyer wants to have a date with the judge all your
efforts are wasted, you need one who is going to go after mom's custody and
back the judge into the corner where he has no choice but to spank mom hard!

I tried to make sure my original post said that I've tried every
peaceful avenue before bringing my case back to court and to the
police. It's the 2nd to last thing I want to do (give up being the
last).


Then you need a junkyard dog lawyer who is more than willing to take on
judgeypoo and nail him to the wall along with mom. That costs, but there are
times when you have to say; "No more Mr. Nice guy." Judges can be made to
see the light.


  #94  
Old May 27th 04, 11:50 PM
krp
external usenet poster
 
Posts: n/a
Default How can I prosecute Child Stealing / Custodial Interference (CAL PC 278.5)


"JayR" wrote in message
om...
You just have to know how, or have a lawyer who knows how and is

willing
to rock the boat.


Yes, I'm less than happy with my attorney. He clearly is not
interested in being agressive or rocking the boat, as you say. I
retained him because my research indicated he'd done a lot of father's
rights work. But I've since spoken to some men at a local father's
group and they confirm that he used to be great, but is now burnt out.
I'm looking for somebody new. Mom's been through 9 attorneys in the
three locations she's moved to, which I find telling.


Then check a father's rights group to find a more sympathetic lawyer
willing to worry more about his client and less about his country club
status. They generally cost more, but in the end are worth it.

The FACT is that you have to look at your situation. If your lawyer

is
an idiot, get out the Vaseline. (That applies to women as well as men.)

The
wisest try to have as little involvement of lawyers as possible. It is
hilarious to me, sitting on the sidelines, watching a woman get a nasty
lawyer to fight over $20,000 equity in a house and wind up with a

$40,000
legal bill. The lawyers get the house and you get bills on top of it. Oh
yeah those fights are good for business. MEDIATE!
Work it out between yourselves.


Mediation is excellent advice in most situations. We've been through
two mediators and mom makes it abundently clear by her actions that
her mediated agreements, filed and stamped into law by the court, mean
nothing her. At the end of the sessions, the mediator asks each
party, "Do you understand this agreement and do you agree to be bound
by it?" Mom says 'yes,' to the mediator and signs her name on the
paper, but she says 'no' to me soon afterward.


Then you need to have a lawyer willing to the mat on it and go after
mom. It helps to have the final agreement made part of the "record" by
having a court reporter there. If she breaks it again, then that is a factor
in child custody. If you lawyer wants to have a date with the judge all your
efforts are wasted, you need one who is going to go after mom's custody and
back the judge into the corner where he has no choice but to spank mom hard!

I tried to make sure my original post said that I've tried every
peaceful avenue before bringing my case back to court and to the
police. It's the 2nd to last thing I want to do (give up being the
last).


Then you need a junkyard dog lawyer who is more than willing to take on
judgeypoo and nail him to the wall along with mom. That costs, but there are
times when you have to say; "No more Mr. Nice guy." Judges can be made to
see the light.


  #95  
Old May 28th 04, 02:55 AM
Bob Whiteside
external usenet poster
 
Posts: n/a
Default How can I prosecute Child Stealing / Custodial Interference (CAL PC 278.5)


"AZ Astrea" wrote in message
...

"Beverly" wrote in message
...
big snippety


Cripes, what do you think a warrant for not paying CS is.


A warrant for contempt, which is criminal.

--------------------
A warrant for contempt can be civil or criminal. If it's criminal they
usually have to provide an atty if you can't afford one. A civil contempt
allows you to pay your way out of jail.


And an additional caveat is if the contempt charge involves jail time, the
state is required to provide a hearing to formally indict the father, make
sure they have the right guy, be certain he understands the nature of the
charges against him, offer legal counsel to those who qualify, hold a
hearing on the merits of the case, and then squeeze him for money.

The whole process is a farce because after all the posturing by the state,
they offer the father a "deal" to stop the process. The "deal" is to agree
to look for a job if he is unemployed and present the DA with 10 verifiable
job search contacts each week. The state's assumption is fathers not paying
CS are sitting around doing nothing!

Bottom line - They don't want to put fathers in jail. They want his money
so they can collect the federal bonus money.


  #96  
Old May 28th 04, 02:55 AM
Bob Whiteside
external usenet poster
 
Posts: n/a
Default How can I prosecute Child Stealing / Custodial Interference (CAL PC 278.5)


"AZ Astrea" wrote in message
...

"Beverly" wrote in message
...
big snippety


Cripes, what do you think a warrant for not paying CS is.


A warrant for contempt, which is criminal.

--------------------
A warrant for contempt can be civil or criminal. If it's criminal they
usually have to provide an atty if you can't afford one. A civil contempt
allows you to pay your way out of jail.


And an additional caveat is if the contempt charge involves jail time, the
state is required to provide a hearing to formally indict the father, make
sure they have the right guy, be certain he understands the nature of the
charges against him, offer legal counsel to those who qualify, hold a
hearing on the merits of the case, and then squeeze him for money.

The whole process is a farce because after all the posturing by the state,
they offer the father a "deal" to stop the process. The "deal" is to agree
to look for a job if he is unemployed and present the DA with 10 verifiable
job search contacts each week. The state's assumption is fathers not paying
CS are sitting around doing nothing!

Bottom line - They don't want to put fathers in jail. They want his money
so they can collect the federal bonus money.


  #97  
Old May 28th 04, 02:55 AM
Bob Whiteside
external usenet poster
 
Posts: n/a
Default How can I prosecute Child Stealing / Custodial Interference (CAL PC 278.5)


"AZ Astrea" wrote in message
...

"Beverly" wrote in message
...
big snippety


Cripes, what do you think a warrant for not paying CS is.


A warrant for contempt, which is criminal.

--------------------
A warrant for contempt can be civil or criminal. If it's criminal they
usually have to provide an atty if you can't afford one. A civil contempt
allows you to pay your way out of jail.


And an additional caveat is if the contempt charge involves jail time, the
state is required to provide a hearing to formally indict the father, make
sure they have the right guy, be certain he understands the nature of the
charges against him, offer legal counsel to those who qualify, hold a
hearing on the merits of the case, and then squeeze him for money.

The whole process is a farce because after all the posturing by the state,
they offer the father a "deal" to stop the process. The "deal" is to agree
to look for a job if he is unemployed and present the DA with 10 verifiable
job search contacts each week. The state's assumption is fathers not paying
CS are sitting around doing nothing!

Bottom line - They don't want to put fathers in jail. They want his money
so they can collect the federal bonus money.


  #98  
Old May 28th 04, 04:56 AM
JR
external usenet poster
 
Posts: n/a
Default How can I prosecute Child Stealing / Custodial Interference (CALPC 278.5)


Then you need a junkyard dog lawyer who is more than willing to take on
judgeypoo and nail him to the wall along with mom. That costs, but there are
times when you have to say; "No more Mr. Nice guy." Judges can be made to
see the light.


You are right. I've been going through this for 9 years and I my
trusting/nice guy nature has always resulted in my accepting what my
attorney tells me as gospel, despite my always knowing deep down that
"this is unfair, this is wrong."

I'm meeting for the second time this Saturday with the father's group
I've hooked up with here in San Diego, and intend to ask about the best
attorneys here. I signed the substitution of attorney form today so I
can represent myself at the upcoming 7/6 contempt arraignment. I know
how you feel about the pitfalls of Pro Se (Pro Per here), but I really
feel I can be successful myself this time. I've been studying
procedure, and I believe I've patched the tiny hole she snuck through on
my last contempt attempt.


  #99  
Old May 28th 04, 04:56 AM
JR
external usenet poster
 
Posts: n/a
Default How can I prosecute Child Stealing / Custodial Interference (CALPC 278.5)


Then you need a junkyard dog lawyer who is more than willing to take on
judgeypoo and nail him to the wall along with mom. That costs, but there are
times when you have to say; "No more Mr. Nice guy." Judges can be made to
see the light.


You are right. I've been going through this for 9 years and I my
trusting/nice guy nature has always resulted in my accepting what my
attorney tells me as gospel, despite my always knowing deep down that
"this is unfair, this is wrong."

I'm meeting for the second time this Saturday with the father's group
I've hooked up with here in San Diego, and intend to ask about the best
attorneys here. I signed the substitution of attorney form today so I
can represent myself at the upcoming 7/6 contempt arraignment. I know
how you feel about the pitfalls of Pro Se (Pro Per here), but I really
feel I can be successful myself this time. I've been studying
procedure, and I believe I've patched the tiny hole she snuck through on
my last contempt attempt.


  #100  
Old May 28th 04, 04:56 AM
JR
external usenet poster
 
Posts: n/a
Default How can I prosecute Child Stealing / Custodial Interference (CALPC 278.5)


Then you need a junkyard dog lawyer who is more than willing to take on
judgeypoo and nail him to the wall along with mom. That costs, but there are
times when you have to say; "No more Mr. Nice guy." Judges can be made to
see the light.


You are right. I've been going through this for 9 years and I my
trusting/nice guy nature has always resulted in my accepting what my
attorney tells me as gospel, despite my always knowing deep down that
"this is unfair, this is wrong."

I'm meeting for the second time this Saturday with the father's group
I've hooked up with here in San Diego, and intend to ask about the best
attorneys here. I signed the substitution of attorney form today so I
can represent myself at the upcoming 7/6 contempt arraignment. I know
how you feel about the pitfalls of Pro Se (Pro Per here), but I really
feel I can be successful myself this time. I've been studying
procedure, and I believe I've patched the tiny hole she snuck through on
my last contempt attempt.


 




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