Incorrectly issued warrant - remedies?

[justalayman]

After my sister's case was moved to Federal Court, she made a formal motion as the plaintiff to withdraw the Hague action

Oh, I see. So now we are going to change the facts provided previously.

, and have substantive custody hearings heard in the State Court

Makes no sense. You claim custody was awarded in a Mexican court. Why do you believe Louisianna would have any jurisdiction for custody. Unless at least one of the parents was a resident of that state, they wouldn't. That is why I asked how things ended up in Louisianna. You never did say how this belonged in a Louisianna court. Is he claiming residence in La?

After my sister's case was moved to Federal Court, she made a formal motion as the plaintiff to withdraw the Hague action , and have substantive custody hearings heard in the State Court (which has sole jurisdiction on custody issues

unless she is a resident of La. she has no right to ask the courts to hear her case. Again, why would La. have any jurisdiction on the custody situation. You calim it was already rendered by another court. One court will not over rule another in such a situation. They do not have the authority or jurisdiction. The original court is where any new hearings would need to take place.

withdrawal of which the ex-husband vigorously opposed. [You will not find much case law where a plaintiff is forced against their will to proceed with a case against a defendant, yet it happened in this case.]

she can drop anything she wants but apparently the husband has filed as a defendant/counterplaintiff and as such, she cannot unilaterally drop the case anymore. It is as much his case as it is hers.

BTW, the case has just been heard, and the husband was caught lying on the stand to such an extent that the judge turned red with anger and had to leave the court to regain his composure.

Doesn't sound like any judge I have ever known. If the judge has an issue with a party, it is their duty to deal with it, not run and hide. I cannot imagine a judge simply running away to compose themselves because a party was caught lying on the stand. I would think, at least, the judge would be "reminding" the party that perjury is a criminal offense and especially since this is an attorney and as such an officer of the court, that the threat of disbarment would be coming out of the judges mouth.

1. There are NO drug charges. These were false allegations that the ex-husband made to Mexican authorities, and they concluded that they were baseless. Can we get over this please?

again, different info than you have provided to this point. Is she still in your "custody"?

The Mexican authorities simply turned my sister over to the U.S. Marshals at the US embassy, just out of "international goodwill" I guess.

Sure, that happens all the time

If these charges were made in Mexico, the US would have no reason to recieve her. The charges would need to be filed in the US for this situation to make any sense and you say he went to Mexico and made up these charges.

There are no drug charges in the U.S. At this point, there are no charges of ANY KIND against her.

then you would be able to get the judges dismissal of the charges. Got that?

However, she had no reason to expect the consequences that occurred. If you knowingly cross the street illegally, you do not expect to land in a federal penitentiary

No but since she filed kidnapping charges against her ex-husband, she should expect something to happen to somebody.

still, your timeline and your facts do not add up to what is happening.