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Help with Uniform Child Jurisdiction Act...

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tina5160

Junior Member
What is the name of your state? MN but case started in WI.

I started a case in the state of WI. This was because everything else, divorce, custody, child support, is all through WI. When we had our first court date, my ex (who has the girls now) was told to bring up the Uniform Child Jurisdiction Act. So after putting forth a temp placement order, the judge said that my ex, because he has council (just wasn't there that day), had 3 weeks to get something filed in the state of ND where the girls currently live with there father. Well the 3 weeks came and went. There were some letters that went back and forth between his lawyer and the judge, but nothing that really said the the status of the case or if my ex was going to file anything. I have sent letters to the judge asking what the status of the case is, and have not gotten any responces.

My questions...

Is the UCJA even applicable if no one takes steps to file anything in ND?

From what I have read, the UCJA is to make sure there is no conflict between states as to which state hears the case. But WI is the only state involved now.

I would rather have it go through WI, I have access to information so I can represent myself, Wi family laws are more defined. And since WI is the one that still handles the Child Support, and monitors the requirement on me to provide medical, can't thses be reasons to say that WI can proceed with the case?

Also, does anyone know where online I can get information of ND family Laws and statues?
 


GrowUp!

Senior Member
tina5160 said:
What is the name of your state? MN but case started in WI.

I started a case in the state of WI. This was because everything else, divorce, custody, child support, is all through WI. When we had our first court date, my ex (who has the girls now) was told to bring up the Uniform Child Jurisdiction Act. So after putting forth a temp placement order, the judge said that my ex, because he has council (just wasn't there that day), had 3 weeks to get something filed in the state of ND where the girls currently live with there father. Well the 3 weeks came and went. There were some letters that went back and forth between his lawyer and the judge, but nothing that really said the the status of the case or if my ex was going to file anything. I have sent letters to the judge asking what the status of the case is, and have not gotten any responces.

My questions...

Is the UCJA even applicable if no one takes steps to file anything in ND?

From what I have read, the UCJA is to make sure there is no conflict between states as to which state hears the case. But WI is the only state involved now.

I would rather have it go through WI, I have access to information so I can represent myself, Wi family laws are more defined. And since WI is the one that still handles the Child Support, and monitors the requirement on me to provide medical, can't thses be reasons to say that WI can proceed with the case?

Also, does anyone know where online I can get information of ND family Laws and statues?
1. Your letters you are writing to the Judge are not even being read by the Judge. The Clerks' office intercepts those. The only thing Judges read are Motions, etc. So, unless you file an appropriate motion, don't expect an answer.

2. Child support and custody are 2 separate issues and each will go through the appropriate jurisdiction, whether you have a preference or not.

3. If the other parent has an attorney and you don't, it's already stacked against you. Especially since you don't know proper procedure (as it seems from your post). One slip up and you could find yourself back at square one -- or pushed back pretty close because the other parent's attorney could have your filing dismissed if it's not done properly. Plus, the Court is not going to spoon-feed you procedure and the laws, etc.

4. Where can you get ND Family Laws and Statutes? Did you ever hear of Google?
 

tina5160

Junior Member
GrowUp! said:
1. Your letters you are writing to the Judge are not even being read by the Judge. The Clerks' office intercepts those. The only thing Judges read are Motions, etc. So, unless you file an appropriate motion, don't expect an answer.

2. Child support and custody are 2 separate issues and each will go through the appropriate jurisdiction, whether you have a preference or not.

Are you a lawyer? Because you didnt answer the question. But thanks for your opinions.

3. If the other parent has an attorney and you don't, it's already stacked against you. Especially since you don't know proper procedure (as it seems from your post). One slip up and you could find yourself back at square one -- or pushed back pretty close because the other parent's attorney could have your filing dismissed if it's not done properly. Plus, the Court is not going to spoon-feed you procedure and the laws, etc.

It is a good thing then that the judge doesn't read letters, because his lawyer told the judge in some variation that he didn't know what he was talking about. And for your information the Court doesn't have to spoon feed me. WI gives you everything you need from forms, instructions, and what to edpect in court.

4. Where can you get ND Family Laws and Statutes? Did you ever hear of Google?
I tell ya what, you look on Google. Because I am not stupid and have done that. My next post is going to be how to report someone for being well, like you.
 

BL

Senior Member
You got your answers .

uniform act is to make sure the proper Jurisdiction rules . Now if one party is " poor" , under " poor persons " , some filing fees can be waived , and testimony can be heard in both States ( with the States communicating with each other ) , the the State that has Jurisdiction making the rulings .

Now if you're not poor , you need to file or appear in the State that does have jurisdiction .

And as was said , you need an Attorney .

Another resorce is your State's clearing house . Request a copy of child abduction . This information has loads of information to go by .
 

tina5160

Junior Member
Blonde Lebinese said:
You got your answers .

uniform act is to make sure the proper Jurisdiction rules . Now if one party is " poor" , under " poor persons " , some filing fees can be waived , and testimony can be heard in both States ( with the States communicating with each other ) , the the State that has Jurisdiction making the rulings .

Now if you're not poor , you need to file or appear in the State that does have jurisdiction .

And as was said , you need an Attorney .

Another resorce is your State's clearing house . Request a copy of child abduction . This information has loads of information to go by .
See what most people don't realize is that trying to get help with an attorney is amost impossible. I don't even get $800 a month, why because of child support and medical insurance. Yes under WI laws I wouldnt have to get medical, but he wont, and my youngest daughter has a skin problem, allergies, and needs meds and regular dr visists. He wont take her if he has to pay for it. And he cant get assistance for medical becuase he makes too much. Where this has to do with a lawyer is that I can't afford one out right, and any assitance looks at the gross amount. Thus why I say atleast WI gives everyone the resources to help themselves.

Again, I have googled just about everything I can about ND, and I can't find anything about family laws and statues.

So now I ask, what motion do I file to have a hearing to review the case? If as the rude person of before said, he doesn't look at letters written by me.

One more thing, why doens't the government have some sort of way to transfer the case to ND, why does it have to be so difficult?
 

stealth2

Under the Radar Member
Actually, if neither you nor Dad (and by extension, the kids) live in WI any longer, WI really doesn't have jurisdiction and it does make the most sense to move the case.

And the reason the judge won't read your letters is because it's ex parte communication.
 

GrowUp!

Senior Member
tina5160 said:
Are you a lawyer? Because you didnt answer the question. But thanks for your opinions.
No, I did answer your questions. You just didn't like the answer you receieved (typical). You asked "I would rather have it go through WI, I have access to information so I can represent myself, Wi family laws are more defined. And since WI is the one that still handles the Child Support, and monitors the requirement on me to provide medical, can't thses be reasons to say that WI can proceed with the case?

Child support and visitation are separate entities. You expressed a preference, but that is not how it works. There are obvious reasons, but since you want to be a bi*ch about it, pay an attorney a few hundred dollars an hour to give you an answer.

It is a good thing then that the judge doesn't read letters, because his lawyer told the judge in some variation that he didn't know what he was talking about. And for your information the Court doesn't have to spoon feed me. WI gives you everything you need from forms, instructions, and what to edpect in court.
Huh? Do you always talk back-asswards? That is all a court will provide and nothing more. If you're going to go at it pro se, you better educate yourself pretty quick.

I tell ya what, you look on Google. Because I am not stupid and have done that. My next post is going to be how to report someone for being well, like you.
Knock yourself out. You won't be the first. You also aren't the first -- nor will you be the last -- who comes to this site looking for answers you WANT. That's not what you'll get. If you do anything this weekend, make sure you pull the stick out of your backside (in addition to educating yourself).
 

BelizeBreeze

Senior Member
stealth2 said:
Actually, if neither you nor Dad (and by extension, the kids) live in WI any longer, WI really doesn't have jurisdiction and it does make the most sense to move the case.
.
actually, if the court retained jurisdiction in the matter then the above is NOT correct. Any court can retain jurisdiction and only on petition (for cause) by the children's home state relinquish such.
 

stealth2

Under the Radar Member
GrowUp.... Dude.... a word of advice - the attitude works for IAAL and for Beebs... not so much for you. Dial it back a bit - you often have good input, but it gets lost in your anger.
 

BelizeBreeze

Senior Member
stealth2 said:
GrowUp.... Dude.... a word of advice - the attitude works for IAAL and for Beebs... not so much for you. Dial it back a bit - you often have good input, but it gets lost in your anger.
geeeez....thank you...(i think) :D
 

stealth2

Under the Radar Member
BelizeBreeze said:
actually, if the court retained jurisdiction in the matter then the above is NOT correct. Any court can retain jurisdiction and only on petition (for cause) by the children's home state relinquish such.
Yep, I realize that. I should have put the "doesn't make sense" part earlier in the sentence. Been running on caffeine more than sleep the past few days.
 

BL

Senior Member
Holy x christ aqnd the v spuirt , THAT WENT OF HIGH .

tHANK THE FOLKS AT fa AND THE CRYSTAL BALL.

Ph byb the way did you do the State's clearinghouse . They may clear or clue you up .

Anywayways , if you have aCEESS TO A pc , KNOWLEGE IS THERE AND NOT JUST gOOGGLEY .

jeISUS AS CHRIST WAKE UP .
 
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