How can I gain custody of a child that has been kidnapped and hidden in Nevada?

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vietjohn

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I have been fighting for three years for the court to enforce parenting time and after three parenting time enforcements and a judgment, the custodial parent continues to disobey all orders and the judgment.

The custodial parent took the child out of his home state against a court order and has continued to hide the child since January 29, 2009. Each time the custodial parent is served with a parenting enforcement or judgment, the custodial parent immediately files a protective order to stall or deter my parenting time, allowing the custodial parent time to relocate again.

I am tired of fighting for a right that I have by Oregon Courts and having Nevada Courts allow false protective orders from information given that is from December 1, 2008 and from a third-party, not the custodial parent.

I have a court order stating that I am allowed to practice my parenting time with my child and this extended protective order, from a protective order that has already been dismissed in Oregon in May 2009, is being revisited after agreeing with the courts that it cannot be reopened on the same evidence from the past is preventing me from my parenting and visitation rights.

Is there any recourse that I can take to prove to the courts that it is and has always been a stall tactic to allow time to run again with the child as well as a form of abusing the courts and harassment?

I have one state telling me I am allowed parenting time without any restrictions and she must abide by the enforcement and judgement and another state telling me that I will be arrested and charged with kidnapping if I even enter the state and attempt to see my own child.

The live-in partner that is assisting with these protective orders, relocating the child as well as initially kidnapped the child from his resident and took the child to Nevada has also openly admitted in a court deposition to "having sex with the child in the bed and continuing to do so to this day." - His exact words.

This is the reason that I am certain that the custodial parent and this man will not allow me to see my son due to his own testimony could very well put this man and the child's mother in prison for life for their sex crime acts against the child. When I last saw my son, this man was living with my son and my son showed signs of being sexually molested, as I was told by my son's physician.
 
They cannot defend my child because his mother is their primary client and it poses a conflict of interest. (Oregon CPS).

They cannot do anything, not even do a welfare check unless I can provide evidence of my child being sexually molested by this man. Example: photos of my sons privates being bruised, photos or video showing evidence of this man molesting my child. How? I live 1050 miles away and am only going on what this man is boasting to doing to my child.(Nevada CPS).

No way in hell would the mother or that man ever have gotten any form of custody of this child. (Washington CPS). Too bad for me that we did not live in Washington State.
 
vietjohn, can you be more specific? Keep to the facts and list the bullet points. It looks like you're struggling with some pretty difficult challenges. Maybe we can help. Obviously you are hurting and confused, but if you want constructive advice on what to do next and in the future, keep emotion and opinion out of if and state the facts of your case(s) and itemize the resolutions you seek. Then, perhaps, we can offer advice that will serve you and your son. Best Wishes.
 
Your answer is contained within the UCCJEA.

Contact an attorney in your state.

Because of your, perhaps improper attacks against this action, you may have lost Oregon jurisdiction.

You can't do this.

Some attorneys can't do this correctly.

You should speak to an attorney.

If a remedy exists, the UCCJEA will provide it.
 
Army Judge knows the score, vietjohn. A good attorney willing to deal with the complexity of this case may run you $20,000 or more, but it may be money well spent, if you want to be a good dad. I googled a few phrases from your posts here and, honestly, Sir, it looks like you're more interested in hurting your ex-wife and your son than in seeking solutions for parenting. Perhaps, you may consider finding a way to negotiate parenting time per your civil order after you seek some mental health remedies for your severe depression. I suspect you may have some serious mental health issues. That letter you wrote to President Obama....a little crazy, Sir. Get some help. Let your attorneys fill out the paperwork. Judges are not fond of being insulted, demeaned, or frankly even listening to Ex Parte mumbo jumbo by somebody who doesn't know law. Your Ex Parte endeavors may have landed you in hot water and I'll bet dollars to donuts you've lost jurisdiction to Nevada. Be very careful, It's also likely you are crossing the line between Civil and Criminal matters based on some of the garbage you are putting on the internet. I don't think We can help you here, Sir. Good Luck to you and your son.
 
Thank you for those who offered good advice and for those people that tend to ramble on in respect to their field, nothing against you, but you need this misfortune in your life to wake you up from your dream world that you are living in.

1. I have never lost jurisdiction and Nevada has clearly stated that they will not do anything against my case due to Oregon having jurisdiction, they can clearly see what is truly going on by how the opposing party is attempting to abuse the court system of one state to fight the court orders from another state.

2. I have hired one of the best attorneys in Oregon. Even I cannot afford to retain him often, he is well worth it and is one of the very few attorneys that knows what he is doing, I cannot say the same for most of the other attorneys.

3. I was told that you can post anything that you wish online and as long as you have the evidence and documentation to prove that you are only stating accurate information, nobody can sue or force you to take down what is truth. What I post is all backed by 100% proof, even from the horses mouth, so to speak.

4. I have learned to be patient, build up evidence and just give people enough rope to hang themselves with, it worked on my last hearing and I did not have to do anything more than just be present. The opposing party hung themselves by their own lies.

5. I strongly believe in Karma and we reap what we sow. What you say or do to others will come back to you seven to ten fold in the same lifetime. I can actually sit back and just wait for the right time, then I will get exactly what I want in due time. I am also aware that people that do good, may have hard times in life, even to the point that they may lose all in their lives, but they are spared their lives. People that intentionality hurt others out of greed, money, vengeance and retaliation, they usually will end up losing their lives.
 
1. I believe you might be in for a shock, but ok.

2. Alright then.

3. You were GRAVELY misinformed on that one. You can ABSOLUTELY be sued and forced to retract things that you've posted online even if they are true.

4. Alright then.

5. Karma does not rule the court room. You would be wise to accept that. You also misunderstand the entire concept of karma, but that's by the by.

You also don't know what anyone here may or may not have gone through during their lives. It is foolish to assume that any of the responders don't understand or can't "know" what you're going through.

And frankly incredibly arrogant.

But, you have an attorney - a message board cannot help you further. It would be remiss of us to second-guess your attorney.
 
To be honest, I am certain that Stage Hypnotist Simone would never dare to sue me knowing what he is being investigated for and in most states in the united states, it does matter whether you are an arrogant attorney or pretend to be one, anyone can go to prison if convicted of being a pedophile.

If you cannot offer good advice without acting like a jerk, please don't bother to respond. I am already irritated about the lack of intelligence that some attorneys possess and still assume that they know everything under the sun. I played by the rules of the low life lawyers and even wasted my time with the courts. I have figured out how to get around and beat the system.

It is not a matter of hiring the right attorney to burn up all of your life savings or continuously taking your case before any judge in hopes that the courts will help you. It is only about who you know and the right connections to get what you want done. The majority of lawyers that I have met, have nothing more than enough education to pass the bar exam and no more.

If you cannot prove to me that you win 99% of your custody cases, I don't care what you tell me. If you cannot prove to me that you always win your custody cases and the clients do not get stiffed out of thousands of dollars and lose years of precious time that is wasted in courts and litigation, your words or nothing more than any other fool writing garbage online to gain attention.
 
Just a note - I think that all the posts here are said not only in good faith, with a good nature intended but also highly useful. I'll just add on some statements and representations:

(1) You cannot be sued for something you post -- this is true for defamation. That doesn't mean you can't be sued for another reason, e.g. publicizing confidential information. Even if you're right about what you post, it doesn't mean that someone might not try to sue you - which means you're spending money defending yourself. I think the point is that you don't want to put yourself in a position to have to spend money to defend yourself, right or wrong.

(2) Never be overconfident going to court. It is run by people. It can be unpredictable. It can be illogical. But it is also not always about "who you know." It's also about putting the right information in place to make the conclusion one that would be difficult to deny, especially upon review by an appellate court or judiciary committee. No, it's not perfect, but usually you can do many things to help yourself.

This is just conversation here, people have different opinions and sometimes the adversarial nature can promote some tension. Many people here have seen quite a lot in the courtroom - it might surprise you. They may have even come to similar conclusions as you have but also have found some other perspectives. I find that I learn a great deal myself all the time. I gather up information from people online and decide for myself what I think could be useful information. So far it has served me well.
 
There are a lot of people working to protect a little boy, none of which appear to include "vietjohn".

For the attorney's, victim's advocates, and judges represented in this forum who care about the victims, and have the skills to uncover the truth about serious statements made in this forum and dozens of other sites--thank you for your sincere efforts to help people who need your help--especially the little boy.

A simple google search on "vietjohn, oregon, nevada, kidnapped child, sexually molested, stage hypnotist simone, pedophile, karma" and other phrases used by vietjohn here and in dozens of other forums and websites, coupled with public records searches on the real identities of the people involved will serve up the truth quickly. ...

...the most interesting discovery included a 911 call on Friday, April 15th, to prevent an interstate parental kidnapping of the child at his school in Henderson, Nevada.

Don't believe a word I say. Look it up.
 
Now I know that you, David Patrick Simone aka Hypnotist Simone are the one stalking me online. Do you not realize the trouble you placed yourself in by hiding my son from me when I came on April 15th to see my son with a court order? Do you not realize that because of your hiding my son, your girlfriend can possibly lose custody of our child?

You are the very person that kidnapped my child from Oregon against a court order and took him to Henderson, Nevada. I have in my possession, just as you have a copy of the court order that allows me to take my child back with me to Oregon. Only a fool would actually believe that you are an attorney online and I have forwarded all of your online harassment and everything that you post to me to the proper authorities in Nevada for your prosecution, including the posting of my personal information.

I demand that you cease and desist all communications to me and online postings as well as immediately stop stalking and harassing me online or you will be charged and prosecuted. I am not afraid to fly back down to Henderson to see to it that you go before a judge. Don't even think twice about me being afraid of you, I have the right connections now to watch your every move and I will make sure you know I am watching you until you give me back my child that you kidnapped as well as boasted about forcing him to call you "daddy".

Let us not forget, it was your own words that you stated in a deposition about "having sex with the child in the bed and continuing to do it to this day." Would you like me to submit a copy of it on this blog for your viewing pleasure? If you post one more thing online and I find it pertains to my current custody case, I will have you arrested for stalking, harassment and press charges against you for kidnapping as well as defamation of character.

I am finish playing your games and you will find out soon enough that you are attempting to anger the wrong person. You filed a false 911 call to the Henderson Police Department and you can be prosecuted for filing a false report, even for your actions that caused officers to respond to your apartment on false allegations. I was with two of the Henderson Police Department's Officers at your apartment on Friday, April 15, 2011 and you were not home. They already took a report that you are purposely secreting and hiding my child against a court order.

My next step is to make certain that you feel my presence in Henderson, Nevada and realize that I will not let this rest until you give me back my child or you are rotting in prison for your crimes against my child. I am saving every single posting that you post online to show the judge at your trial for kidnapping, just how you interfered with my parenting time since October 2008.

Custodial interference is bad enough, but kidnapping and interference from a total stranger is a federal felony and I will assure you that you are only helping me to get my case forwarded to the appellate court and make it into a federal case. If you truly love my ex-wife, you would stop doing what you are doing before she loses any form of custody and ends up in prison just as you may for the majority of your remaining life.
 
Thank you thelawyerprofessor for your insight. It is the most honest and best advice that I have seen on this site to date. I finally realized from the wording of 777legalhelp that he was not a legal professional in any such manner once he started using the same words that he always uses in his threats and postings to me, that is was in fact the very man that kidnapped my child from Oregon and is hiding him in Nevada.

I have already contacted the authorities to investigate this matter. I should have known that he would try to trick me out of giving him my plans just as he did by emails to me when he posed as "Carrie Lynn" a female "victims advocate" and attempted to threaten and harass me to persuade me from coming to Henderson, Nevada to see my son. He has always threatened me or anyone that does not give in to his demands and little does he know that his days of his continuous threats are numbered.

I am building up a case and he is more help to me in my discovery of evidence than even the lawyer and police when it comes to providing me with all of the evidence that I need for my current custody case. The more he threatens me online and the more actions that he takes, including filing false police reports, restraining orders, and making false 911 calls, the more he helps me to put him away. I love it when people help you to prosecute them and all you have to do is sit back and enjoy the show.
 
Vietjohn: you really would do yourself a favor by not posting any of this online. The best advice I have heard from AJ; quit talking about it. Talk to no one but your lawyer. You really don't want to be airing your dirty laundry on a forum where you don't know who is behind the screen name, do you?
 
If you assert the massive power that exists within the UCCJEA correctly, protective orders issued under erroneous circumstances will disappear.



A judge in state X that is deceived into issuing an emergency order of protection against a custodial parent from state Q will be contacted by the state Q judge, who has jurisdiction over the case.

In very little time, truths can be proved up, falsehoods unmasked.

I'm currently assisting (pro bono) an active duty service person in using the UCCJEA to have his children returned from state T to state V. An emergency order of protection against him has also been recalled pursuant to the falsehoods of his forum shopping spouse.


Again, if used properly, the UCCJEA can right wrongs.

The UCCJEA was created to prevent activities such as described hereinabove.
 
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I agree with you momma_2_four

I am certain that this con-artist will try anything to attempt to gain information from me. He is running out of options.
 
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