Sherriff seizes child. child injured in struggle..help!

[ORLadyWaiting]

What is the name of your state?OR

What a dramatic few days it has been. My stbx took off to Idaho with our son a few months back..long story. Fast forward to last Monday. I got a judge in Oregon to grant me emergency custody of both of our children for several reasons.

I went to Idaho yesterday to reclaim our 3 year old and bring him back to Oregon. I brough my custody order to the courthouse in his county and had it certified. It has to be certified in order to give the local police the authority to execute an out of state custody order.

So...the stbx knows I'm in town. He has no idea that I have a custody doc. He invites me over, lets me in the house. I had my friend waiting outside ready to serve him the paperwork. I walk in and pick up my son. STBX goes crazy. He ripped my son from my arms with such force that he injured him. He has bruises all the way around his waist (in the form of obvious finger/hand) indentations, and on his forearms. I have bruises on my arms and chest from fending him off. I did not fight back.

My friend witnessed the whole attack. She calls the police. The police come and execute the order. He handed our son over. They then proceed to arrest him for domestic battery (second offense). In his state, if you leave even a miniscule mark on your victim, it's automatically a felony.

On the way home, our son cries that his back and arms hurt. I call the deputy that arrested my stbx. She tells me to take him to the nearest ER. ER examines him and documents all brusies and marks, and faxed the report back to the PD. They added a second charge to his list..felony injury to a child/domestic assault.

My question is...he lawyered-up yesterday. He's threatening that he can get my emergency custody overturned. What are his chances, now that he is facing a domestic battery (second offense in 1 year) on me, and a felony injury to a child charge?

My son is afraid of him. All the way home he kept rattling on and on "Daddy hurt me", "Daddy's a monster", "Daddy pulled me", "Daddy hit mommy". I told him that Daddy isn't a monster, that he is angry and sad.

What should I do?

Thanks

 

[rmet4nzkx]

How long was your child in ID? Get copies of all ID documents and medical reports.

 

[ORLadyWaiting]

He was in Idaho for 5 months...not long enough to meetthe "home state" rule.

I have copies of all reports, including police and medical reports, witness statements from his neighbors, and some other things. My lawyer is in the process of getting a subpoena for his 14 year old sisters school attendance records- one of the reasons that the judge ordered emergency custody to me is because stbx and his mother have been taking his 14 year old sister out of school to babysit our 3 year old for days at a time. In Idaho, a child under 16 cannot babysit a child under 5 without a legal adult present. He was also threatening to steal our younger child from daycare (in Oregon) while I'm at work, and flee to Canada with both children.

Also...the kicker...when he got the paperwork yesterday, it had a temporary child support order attached for $918/mo. He called in and quit his job today. It's unfortunate that he thinks this is all about money. It's about the kids! All he can think about is money, and it sucks!

 

[BelizeBreeze]

And of course, you haven't yet gone back to the police station and filed charges against him for battery on a minor?

 

[ORLadyWaiting]

Quoting BelizeBreeze :And of course, you haven't yet gone back to the police station and filed charges against him for battery on a minor?

WRONG.

Quoting Myself here : "On the way home, our son cries that his back and arms hurt. I call the deputy that arrested my stbx. She tells me to take him to the nearest ER. ER examines him and documents all brusies and marks, and faxed the report back to the PD. They added a second charge to his list..felony injury to a child/domestic assault. "

The report was filed yesterday.

 

[rmet4nzkx]

And of course, you haven't yet gone back to the police station and filed charges against him for battery on a minor?

She did from the hospital.

"ER examines him and documents all brusies and marks, and faxed the report back to the PD. They added a second charge to his list..felony injury to a child/domestic assault."

 

[LdiJ]

What is the name of your state?OR

My question is...he lawyered-up yesterday. He's threatening that he can get my emergency custody overturned. What are his chances, now that he is facing a domestic battery (second offense in 1 year) on me, and a felony injury to a child charge?

My son is afraid of him. All the way home he kept rattling on and on "Daddy hurt me", "Daddy's a monster", "Daddy pulled me", "Daddy hit mommy". I told him that Daddy isn't a monster, that he is angry and sad.

What should I do?

Thanks

I don't think that you have to "do" much of anything at this point...other than make sure that your case is slated for a full hearing for permanent custody.

Dad really messed up here. 1) He took the child out of state without your or the court's permission. 2) He assaulted you. 3) He injured the child in the assault. 4) He did it in front of a witness and the ER documented the child's injuries.

He is going to be darned lucky if he doesn't get jail time out of this....he certainly isn't going to get custody, and its likely that the best he can hope for is supervised visitation.

Notify the the daycare that he has threatened to snatch both kids and run to Canada. Make sure that they WILL NOT release the child to him under any circumstances. If you don't feel 100% confident that they will cooperate, then find a new daycare that will.

 

[thetsgtswife]

In most states the DC will have to have a copy of the court order stating dad CAN NOT pick up children otherwise(I DO NOT AGREE WITH THIS) they have to let the child go with this parent if the parent is on the dc's paperwork.

If not, then they cannot release the child to anyone that is not listed on the paperwork as someone who is authorized to pick up. BUT being that most custody orders from divorces state that both parents must be on all documents related to the children he may be on the paperwork. If not they can not legally release this child. (HINT< HINT)

It would be better to move this child to a new childcare maybe even a home provider(harder to find the child in a home childcare) rather than risk dad being able to pick this child up. ANd Leave dad off the paperwork (for now) until you have this all settled.

I seriously doubt this will be an issue after his stupidity but its always better to be safe than sorry.

I would normally not tell anyone to do this because of what my husband went through trying to get his son back after a parental abduction but when you are trying to avoid one you need to know these things in order to protect yourself from an abduction.

Good Luck to you and Im really sad that your child had to go through such a horrible thing! No child should ever have to experience something like that!!

TSGTSWIFE

 

[ORLadyWaiting]

Thankfully daycare isn't an issue. My mother owns a state-licensed daycare where she watches both children.

Do I need to get a TRO in Oregon as a second layer of protection? They didnt issue one in Idaho because I dont live there. The temp custody order says:

"Emergency temporary custody is awarded to the mother. Father has no visitation until further order of the court."

Is this enough to prevent him from trying to get the sherriff in Oregon to assist him in picking up the children? My mother has certified copies of all reports and the temp orders. She also has a notarized letter from me authorizing her and my father to care for the children while I'm at work, and to seek medical care for them if neccessary.

I really wish it wouldn't have gone down this way. Ideally, I would have liked him to be civil and work out an agreement that was fair. He refused- he wants SOLE custody of the older child, and he wants the younger child to reside with me. I don't think it's fair to split them up. STBX is only worried about money- he wanted one of the children because it would cancel out a support obligation.

Truly sad.

 

[LdiJ]

Thankfully daycare isn't an issue. My mother owns a state-licensed daycare where she watches both children.

Do I need to get a TRO in Oregon as a second layer of protection? They didnt issue one in Idaho because I dont live there. The temp custody order says:

"Emergency temporary custody is awarded to the mother. Father has no visitation until further order of the court."

Is this enough to prevent him from trying to get the sherriff in Oregon to assist him in picking up the children? My mother has certified copies of all reports and the temp orders. She also has a notarized letter from me authorizing her and my father to care for the children while I'm at work, and to seek medical care for them if neccessary.

I really wish it wouldn't have gone down this way. Ideally, I would have liked him to be civil and work out an agreement that was fair. He refused- he wants SOLE custody of the older child, and he wants the younger child to reside with me. I don't think it's fair to split them up. STBX is only worried about money- he wanted one of the children because it would cancel out a support obligation.

Truly sad.

I can't imagine that dad would be stupid enough to attempt to get a sheriff to help him pick up the children. However the temporary custody order you have is more than sufficient. You should try to get copies of the police reports from Idaho as well.

What could he show a sheriff in any case to try to get help? He doesn't have any orders.

 

[rmet4nzkx]

Get a restraining order in OR as well since there was parental abduction. Also find out if and or when you will have to appear in court in ID. Also contact the State department and put a flag on passports even if your children don't have passports since he has talked about fleeing to Canada.