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NCP refuses to divulge whereabouts

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mcghee

Junior Member
What is the name of your state?IN
The NCP refuses to let me know his address, phone #, etc. He has ignored the court orders regarding the same. My question is, can someone who definitely has knowledge of his whereabouts be court-ordered to tell his address, phone #, etc?
 


BelizeBreeze

Senior Member
mcghee said:
What is the name of your state?IN
The NCP refuses to let me know his address, phone #, etc. He has ignored the court orders regarding the same. My question is, can someone who definitely has knowledge of his whereabouts be court-ordered to tell his address, phone #, etc?
You're kidding right? The answer is NO.
 

tigger22472

Senior Member
BelizeBreeze said:
You're kidding right? The answer is NO.
I'm sorry BB I differ a bit on this. I have seen several orders where it is required that this be given as well as any changes and also in guidelines to states, especially if the NCP expects visitation rights.
 

BelizeBreeze

Senior Member
tigger22472 said:
I'm sorry BB I differ a bit on this. I have seen several orders where it is required that this be given as well as any changes and also in guidelines to states, especially if the NCP expects visitation rights.
Her ONLY question was can she force a THIRD-PARTY to divulge. And that answer is NO!
 

tigger22472

Senior Member
BelizeBreeze said:
Her ONLY question was can she force a THIRD-PARTY to divulge. And that answer is NO!
Oops.. my bad. I didn't read correctly. I missed the third-party part of her post... I apologize! :)
 

MrsKos

Junior Member
mcghee said:
What is the name of your state?IN
The NCP refuses to let me know his address, phone #, etc. He has ignored the court orders regarding the same. My question is, can someone who definitely has knowledge of his whereabouts be court-ordered to tell his address, phone #, etc?
mcghee - have you tried http://www.zabasearch.com ? A poster here recommended it in another thread and it is pretty good. You can type in your ex's name and his state and it'll take you to a list of names and addresses some even have birthdates. You may be able to find his address and/or telephone number through there. It's a nifty tool!
 

LdiJ

Senior Member
BelizeBreeze said:
Her ONLY question was can she force a THIRD-PARTY to divulge. And that answer is NO!
Well...I hate to say this, but I have first hand knowledge of a few judges who have actuallly jailed third parties for refusing to provide information like that. True, the judges who have done that have been small town judges with a "god complex"...with parties that had no funds for appeals...but I have seen it done...and in more than one state.
 

BelizeBreeze

Senior Member
LdiJ said:
Well...I hate to say this, but I have first hand knowledge of a few judges who have actuallly jailed third parties for refusing to provide information like that. True, the judges who have done that have been small town judges with a "god complex"...with parties that had no funds for appeals...but I have seen it done...and in more than one state.
And the first time they tried that with me I'd own their house, their car and their grandchildren. That is an abuse of authority that a simple country attorney could get dismissed at the District level.
 

mcghee

Junior Member
MrsKos said:
mcghee - have you tried http://www.zabasearch.com ? A poster here recommended it in another thread and it is pretty good. You can type in your ex's name and his state and it'll take you to a list of names and addresses some even have birthdates. You may be able to find his address and/or telephone number through there. It's a nifty tool!
I have tried a number of free and even pay sites - I have the guy's full name, ssn, birthdate, and still can't find anything - he doesn't have a driver's license, hasn't had a "real" (& by real, I mean the kind that takes taxes out on its employees) job in years, hasn't filed a tax return in a number of years, has no bills in his name, and doesn't owe anybody but me. He does not have a paper trail of any kind past the year 2001. Which is what led me to the desperate question of wanting to know if a 3rd person could divulge, since I know for a fact that both of his sisters know where he is.
 
LdiJ said:
Well...I hate to say this, but I have first hand knowledge of a few judges who have actuallly jailed third parties for refusing to provide information like that. True, the judges who have done that have been small town judges with a "god complex"...with parties that had no funds for appeals...but I have seen it done...and in more than one state.
I agree with you.
First the person looking for that knowledge has to ask the court to put it in an order that the other party must disclose this info (this poster already has this part in place)...If they don't.... the asking party can file a Rule to show cause....The person who is being asked to provide the information would have to tell a judge why he/she isn't complying with the court order...If they don't have a good reason they can be held in civil contempt, and given the ability to purge the contempt charge...so basically the judge says that you don't have a good reason for not following my order so I will allow you a given amount of time (usually 2-3 weeks depending on the judges schedule) to pony up or face the consequences. These consequences could include fines or even jail time. I have seen this type of action, and it is often referred to as…. allowing the contemptuous party the keys to their own release (or something along those lines) Also you can subpoena anyone with relevant knowledge of your case, and ask them questions under oath… unless they lie or plead the 5th.... you can get info out of them that way....
 

BelizeBreeze

Senior Member
critterperson said:
I agree with you.
First the person looking for that knowledge has to ask the court to put it in an order that the other party must disclose this info (this poster already has this part in place)...If they don't.... the asking party can file a Rule to show cause....
A what? There is no such thing as a 'rule to show cause'
The person who is being asked to provide the information would have to tell a judge why he/she isn't complying with the court order...
BULL CRAP. A third party is NOT bound by the court order.
If they don't have a good reason they can be held in civil contempt, and given the ability to purge the contempt charge...
And your statutory authority for this is? :rolleyes:
so basically the judge says that you don't have a good reason for not following my order so I will allow you a given amount of time (usually 2-3 weeks depending on the judges schedule) to pony up or face the consequences.
And again, that is what the judge can say to the NCP, NOT TO A DISINTERESTED third party not a party to the court order.
These consequences could include fines or even jail time.
And that is more ridiculous OPINION.
I have seen this type of action, and it is often referred to as…. allowing the contemptuous party the keys to their own release (or something along those lines) Also you can subpoena anyone with relevant knowledge of your case, and ask them questions under oath… unless they lie or plead the 5th.... you can get info out of them that way....
and that is NOT the case in this post. Sure you can subpoena just about anyone, but you also have to file an affidavit to the truth of the subpoena and all the other party needs to do to quash the subpoena is point to the standing order of which they are NOT A PARTY TO.

People, I don't give a damn what you THINK you know. On this subject you are acting like fools.
 

BelizeBreeze

Senior Member
mcghee said:
Which is what led me to the desperate question of wanting to know if a 3rd person could divulge, since I know for a fact that both of his sisters know where he is.
And before you can obtain a subpoena to force them to testify you have to not only "Know for sure" But prove they know. I can take any third-year law student from any law school in this country and in 10 minutes quash any such subpoena.
 
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