Urgent Request For Help, Part 2

[stealth2]

Best of luck today.

 

[raiseretrievers]

Thank you, stealth2.

 

[rmet4nzkx]

I did some more research:
Here is a link to the Washington state rules of court and with that links to rules for Juvenile court and your local county rules.
http://www.courts.wa.gov/court_rules/?fa=court_rules.faq31
This is information that you will need as you progress through this situation, some of the rules took effect 10-26-4.

Insofar as your safety, what you put online can affect you, you gave out a lot of information, however you did not give out your name or the city in which you live although you gave out the county and your place of employment. You may wish to edit and put in XXX in some places. Although this will be a part of the record of your attempts to legally gain custody and your good faith, remmeber this can be subponeaed so if you print it out, don't give out the "screenname" XXXX that out and anything that can identify you as this might go to the other party or they may look it up. We have had cases where both parties ended up on this site, and the one commiting fraud was caught. Right or wrong information in the wrong hands can be a problem so information stored on a server is more credible than a print out which can easily be altered, also important to authenticate anything entered as evidence.

In your county the search engine requires a name or a case number and doesn't allow a docket search by date. So your ex could have got the information online by a search and would or should have known there was an order if such information was posted, some case information is sealed.

I suggest you goto that site and goto search for your court date with your last name and first initial and see what comes up, then you will know what she and or her attorney could have found out about the case, as could anyone who knew your last name. Also put "your name" and do a search to see what is out there about you. when you check your online court records, understand that is public record so while Mom and GM know your address now, if you have need to move in the future, you are able to use a safe address and a nutural meeting place.

I also looked up the locations of Lewis Co and where mom supposedly resides on the Oly Pen, given these locations, not only is there a risk of interstate flight but also of international flight. For that reason make sure you ask the commissioner to take her and the children's passports, then contact the Department of State goto their parental child abduction sections and read the information there and take precautions to flag passports etc. also read the country specific information for Canada and Mexico.

Also see if you can get license numbers of known vehicles and any and all information to assist in potential flights.

Take your children to local PD and request fingerprinting they may send you elsewhere for this, so you might want to call first. Also get good pictures of your children and keep these updated frequently.

Although you have the children registered in school, you will need to request school and medical records records, make appointments for your children to be examined by a local doctor and dentist.

 

[rmet4nzkx]

In your opening statement, include your request to establish jurisdiction and appointment of a Guardian ad Litem to represent the best interest of the children.

 

[raiseretrievers]

OK, check back to the origianl opening statement as that is a work in progress.

 

[rmet4nzkx]

Commissioner, (place your statement establishing jurisdiction in Washington State, eg original jurisdiction Oregon, now both parents reside in WA, for XX time, children have resided in Washington State XX time then) I respecftully request that a continuance be granted in this matter so that both parties may have ample time to prepare their case. I also request appointment of a guardian ad litem to represent the best interests of the children. The mother should appreciate this time because it will allow her to establish residency in or near xxxxx where, I have been told, she has recently become employed. The children are well provided for, safe and attending school about 100 yards from my house. At this time I have no objection to establishing some sort of parenting time with the mother at the Courts consideration and discretion.


QUOTE]Establish jurisdiction in accordance with Washington State law first, while the fact that the commissioner set the hearing might be seen as such, you don't want it thrown out for lack of jurisdiction. Good Luck, I hope you got some sleep. Asking for the continuance allows all parties and the GAL time to perfect their cases and some stability for the children.

 

[raiseretrievers]

Please, review the opening statement and statement. I will start on the RO and TPP.

 

[raiseretrievers]

Completed "Order appointing Guardian ad litem", do I need a written motion other than my opening statement?

 

[rmet4nzkx]

The jurisdiction statement is a bit ackward, but you are representing your self so it may be allowed. You might reword it to request that the court recognize jurisdiction being Washington State for the following reasons, (xxxxx...) and that the custodial parent failed to regesiter the case (domesticate) in a timely manner once both parents resided in Washington State.

Adding the 2 references to appointing the GAL is also good as are references to best welfare of the children.

Don't forget to get R/O for all the person's in your household, including your GF and her children for home, work and schools (you might make exception for prearranged conferences with teachers as appropriate) in addition to Mom and GM also include their agents, so they don't send someone else.

Due to the request for R/O, supervised visitation at a public agency, what ever the arrangement in your county, you have the right to approve the supervisor and mom will bear any cost associated with visitation.

Include your statement of facts/chronology/with your petitions as appropriate, allowing for futher amendment.

 

[rmet4nzkx]

Completed "Order appointing Guardian ad litem", do I need a written motion other than my opening statement?

Well you have the forms provided by the courts, that should cover most of it. If you make your motions verbally, the court usually works with parties in pro per/in pro se and should fill you in or ask you to prepare it, if needed, you may have to write and file orders after the proceedings so be sure you do that and that they are signed this time by the commissioner or judge and what ever service needed, some of this you will have to play by ear. Remember to be prepared to address the issue of service of the order and that you got the name of the clerk that said what was done was sufficient proof of service.
You have a lot ready and you may have to decide if all is necessary today depending on what happens.
Run spell check on all your documents.

 

[raiseretrievers]

I registered the decree and parenting plan in the mother's county during denial of visitation in 2001. At that time I filed contempt papers and had a preliminary hearing in the county of origin in Oregon. The matter was continued, and because the denial was during the holiday season, my father was able to convince the mother to resume visitation. She did and there went my case because she was no longer in contempt. I have copies of the letters I sent to both the county courthouse and to the deputy sheriff (for enforcemnt purposes). Is that establishment of jurisdiction? My child support was taken over by WA state this summer - should I include that documentation? And, what form do I file to pause current child support pending this action?

 

[raiseretrievers]

adjusted opening statement.

 

[rmet4nzkx]

Absolutely, include all relevant court documents and orders. The commissioner will need these to make his ruling. Even though there are several different issues filed at the same time with different outcomes, it would appear that you may have already domesticated the case to Washington, that is why you want to ask the court to rule on it, the quesiton might now be, what county? As of right now, you are the only one with an established and stable residence. It is also significant that you and not Mom domesticated the order, this is more proof of her intent to abduct the children and interfere with visitation. This is where the statutes I provided the other day come into play.

 

[rmet4nzkx]

adjusted opening statement.

Better now make sure you have copies made.

 

[raiseretrievers]

I'm making a package of all of the essentials and I will make 4 copies of each on the way to the courthouse.

What do I file for child support? I'm not looking to get any, I just don't want to have to pay if I have custody.

Is it likely that I will have the opportunity to write up orders for parenting time and the restraining order based on the findings of the court and not have an order ready for signing at the hearing?