What is the name of your state? Louisiana
I am trying to sort out the legal issues of a federal bench warrant that was issued for my sister, which I believe was issued incorrectly and used maliciously by an ex-husband (attorney). Any insights would be greatly appreciated.
My sister has legal custody of her children, who, while living in Mexico, were abducted by the ex-husband and taken to Louisiana. So she went to Louisiana under a Hague Convention action, and the children were given back to her by state court order, pending the trial. The ex-husband was granted a motion to remove the case to federal court, however, before ANY action was taken in federal court, my sister took her kids back to Mexico, planning to drop the Hague action. She was unaware at the time that the State order giving her the kids also had a provision to remain in the jurisdiction of the court pending trial. (She never actually saw the order.) This was, however, for the scheduled state trial that never happened and apparently was never going to.
The ex-husband somehow got the federal magistrate judge, after she was back in Mexico, to issue a "contempt of court" bench warrant, which cited a Louisiana statute regarding Violation of Visitation Order (which didn't even exist -- as there has never been a Visitation Order granted), then he went to Mexico and under false charges (drugs, child abuse) got Mexican authorities to have her arrested and turned over to U.S. federal marshals, with the ex-husband standing right there orchestrating everything and waving the arrest warrant. The marshals took her to Houston, where she briefly spent time in a federal prison before being turned over to my custody. Almost everybody who has heard about this can't believe that a civil case had these kinds of consequences.
What makes this matter worse is that the same magistrate judge is hearing the Hague trial, which was then forced upon my sister by the defendant husband. (He will probably go down in flames, btw. It was a stupid move on his part.) So my sister's attorneys are not anxious to go after this judge at the moment.
I am wondering what authority federal magistrate judges have to enforce state civil orders, and what remedies she might have against a bogus "crime" (i.e. violation of non-existent visitation order) that caused her much suffering and physical trauma. Any citations would be much appreciated.
I am trying to sort out the legal issues of a federal bench warrant that was issued for my sister, which I believe was issued incorrectly and used maliciously by an ex-husband (attorney). Any insights would be greatly appreciated.
My sister has legal custody of her children, who, while living in Mexico, were abducted by the ex-husband and taken to Louisiana. So she went to Louisiana under a Hague Convention action, and the children were given back to her by state court order, pending the trial. The ex-husband was granted a motion to remove the case to federal court, however, before ANY action was taken in federal court, my sister took her kids back to Mexico, planning to drop the Hague action. She was unaware at the time that the State order giving her the kids also had a provision to remain in the jurisdiction of the court pending trial. (She never actually saw the order.) This was, however, for the scheduled state trial that never happened and apparently was never going to.
The ex-husband somehow got the federal magistrate judge, after she was back in Mexico, to issue a "contempt of court" bench warrant, which cited a Louisiana statute regarding Violation of Visitation Order (which didn't even exist -- as there has never been a Visitation Order granted), then he went to Mexico and under false charges (drugs, child abuse) got Mexican authorities to have her arrested and turned over to U.S. federal marshals, with the ex-husband standing right there orchestrating everything and waving the arrest warrant. The marshals took her to Houston, where she briefly spent time in a federal prison before being turned over to my custody. Almost everybody who has heard about this can't believe that a civil case had these kinds of consequences.
What makes this matter worse is that the same magistrate judge is hearing the Hague trial, which was then forced upon my sister by the defendant husband. (He will probably go down in flames, btw. It was a stupid move on his part.) So my sister's attorneys are not anxious to go after this judge at the moment.
I am wondering what authority federal magistrate judges have to enforce state civil orders, and what remedies she might have against a bogus "crime" (i.e. violation of non-existent visitation order) that caused her much suffering and physical trauma. Any citations would be much appreciated.
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