hopeful3331
Junior Member
What is the name of your state?What is the name of your state? New York
I live in Tennessee (11 years), but this custody matter is in the New York Courts (Rensselaer County). The father, with the help of the law guardian, created a Fake Order. It just says Order and not custody order. This was done without my knowledge. He registered this Fake order in Tennessee, dispite my objection to not receiveing Notice. The judge dismissed my answer/objection. Then 4 months later he got a writ of attachment to remove my daughter.
This Order states...... that the father "having made application for custody and habeas corpus, and the law guardian having supported such application". Under NY law DRL section 70, any parent can petition for a writ of habeas corpus (ex-parte) for a change of custody. Then, when the application is granted, the writ of habeas corpus is served on the other party to appear before the court. Well, it never happened that way. The law also states that in order to apply for the writ that the child has to be present in the State of New York within the court's jurisdiction. Well, the child was here in Tennessee, and it even states on the Order that she was here in Tennessee. A letter to the chief clerk of the Rensselaer County Family Court states that there is NO application on file for a writ of Habeas Corpus. and that this so-called 'Order' (top right hand side of page next to caption) is THE Writ of Habeas Corpus. Well, you can't get a writ of habeas corpus without an application and that application has to be verified.
Basically, this man has kidnapped my daughter. I need to verify this Order so that I can press criminal charges for parental kidnapping. The only problem is that when the judge learned of this fake Order, she dismissed my petition for custody and covered up for the law guardian. Everytime we checked with the court for a copy of this Order, they said that there was none on file with the court and that this man DID NOT have custody.
This is a very messy situation. Someone told me to file a notice of claim but they failed to tell me who to file it with. I have an application for a writ of habeas corpus on the court calendar in Supreme Court at this time. I also filed 4 Appeals. Because I wasn't officially served the 'Order' until the pre-trial conference (on my petition for custody) on Sept 30, 2004, the appellate division considers this an untimely filing of which I now have to have them reconsider. BUT, the other 2 appeals that are timely NEVER made it to the appellate court. (I wonder why). One of these timely 'Order of Dismissal' are for 3 violations of an Order of Protection that the court ignored and just dismissed on 9/30. At any rate, how do you appeal a fake order?
I really need to get this out of the jurisdiction of New York and into the jurisdiction of Tennessee because this is where My daughter was born and lived for 10 years less the 9 months I should never have spent in New York. I am prepared to file some major law suits, but the emergency here is that this child is being mentally and emotionally abused (psychologist/evaluator report). The father prohibits contact with the child and has done so since day one. (I also have a court hearing (by telephone) for tomorrow to enforce a $14,000 child support arrears).
I am kinda confused at this time as to my next move. I desperately need to get my daughter out of there, but this fake order is in the way. Any and all suggestions would be greatly appreciated.
Lori
I live in Tennessee (11 years), but this custody matter is in the New York Courts (Rensselaer County). The father, with the help of the law guardian, created a Fake Order. It just says Order and not custody order. This was done without my knowledge. He registered this Fake order in Tennessee, dispite my objection to not receiveing Notice. The judge dismissed my answer/objection. Then 4 months later he got a writ of attachment to remove my daughter.
This Order states...... that the father "having made application for custody and habeas corpus, and the law guardian having supported such application". Under NY law DRL section 70, any parent can petition for a writ of habeas corpus (ex-parte) for a change of custody. Then, when the application is granted, the writ of habeas corpus is served on the other party to appear before the court. Well, it never happened that way. The law also states that in order to apply for the writ that the child has to be present in the State of New York within the court's jurisdiction. Well, the child was here in Tennessee, and it even states on the Order that she was here in Tennessee. A letter to the chief clerk of the Rensselaer County Family Court states that there is NO application on file for a writ of Habeas Corpus. and that this so-called 'Order' (top right hand side of page next to caption) is THE Writ of Habeas Corpus. Well, you can't get a writ of habeas corpus without an application and that application has to be verified.
Basically, this man has kidnapped my daughter. I need to verify this Order so that I can press criminal charges for parental kidnapping. The only problem is that when the judge learned of this fake Order, she dismissed my petition for custody and covered up for the law guardian. Everytime we checked with the court for a copy of this Order, they said that there was none on file with the court and that this man DID NOT have custody.
This is a very messy situation. Someone told me to file a notice of claim but they failed to tell me who to file it with. I have an application for a writ of habeas corpus on the court calendar in Supreme Court at this time. I also filed 4 Appeals. Because I wasn't officially served the 'Order' until the pre-trial conference (on my petition for custody) on Sept 30, 2004, the appellate division considers this an untimely filing of which I now have to have them reconsider. BUT, the other 2 appeals that are timely NEVER made it to the appellate court. (I wonder why). One of these timely 'Order of Dismissal' are for 3 violations of an Order of Protection that the court ignored and just dismissed on 9/30. At any rate, how do you appeal a fake order?
I really need to get this out of the jurisdiction of New York and into the jurisdiction of Tennessee because this is where My daughter was born and lived for 10 years less the 9 months I should never have spent in New York. I am prepared to file some major law suits, but the emergency here is that this child is being mentally and emotionally abused (psychologist/evaluator report). The father prohibits contact with the child and has done so since day one. (I also have a court hearing (by telephone) for tomorrow to enforce a $14,000 child support arrears).
I am kinda confused at this time as to my next move. I desperately need to get my daughter out of there, but this fake order is in the way. Any and all suggestions would be greatly appreciated.
Lori