who enforces the UCCJEA?

[THEJKH1999]

my ex and I have court orders from HI giving her custody and the ability to move, giving me visitation and a mutual protection order with the outlines of our visitation and contact for child.

She moved to WA and immediatly refused to send my son for my visitation. I filed for a motion to enforce in HI and sent her the subpeona by mail. She filed for a TRO in WA based on my subpeona claiming emotional distress and my threat to take the child out of the state.

The WA hearing was the day before the HI hearing. The commisioner aknowledged that there are allready current orders from HI, I had never violated those orders, there was no threat since I was in HI and they were in WA so no emergency jurisdiction, my EX had only lived in WA for <2 months at the time of the hearing and that there was a hearing the very next day in HI. she ordered a Restraining order for 1 year taking away all my rights of visitation with my son.

In the WA order they said two things interesting, #8 said " WA is the home state" and item #15 said "Hawaii has continuing jurisdiction"!! this is on the same page!! I contacted the FBI and they agreed that it is a direct violation of the UCCJEA but it isnt something they will investigate.

Im interested in making sure this doesnt happen to another innocent father, who is the authority to investigate this against WA or even just the county in WA that did this?
Thank you, THEJKH


I have a scan of the 2 items i listed on my WA court order but cant post pics yet if someone wants I can PM the scan.

 

[army judge]

my ex and I have court orders from HI giving her custody and the ability to move, giving me visitation and a mutual protection order with the outlines of our visitation and contact for child.

She moved to WA and immediatly refused to send my son for my visitation. I filed for a motion to enforce in HI and sent her the subpeona by mail. She filed for a TRO in WA based on my subpeona claiming emotional distress and my threat to take the child out of the state.

The WA hearing was the day before the HI hearing. The commisioner aknowledged that there are allready current orders from HI, I had never violated those orders, there was no threat since I was in HI and they were in WA so no emergency jurisdiction, my EX had only lived in WA for

She violated the order.

I'm sure the order didn't allow her to move anywhere in the world or the USA.

Shes in contempt.

You should get a lawyer and petition the court to hold her in contempt.

Once that is done, you should be able to file child abduction charges against her.

The Feds will get involved, once the HI police take the complaint and enter it into NCIC.

They'll bring her and your child back to the island.

See a lawyer tomorrow without delay.

 

[THEJKH1999]

she had permission to move, the HI judge told her she could move to WA and its in the custody ordeer.

The problem is with jurisdiction, HI never gave the jurisdiction to WA. I allready have cases against my ex for several things, contemp, perjury and a couple other things, I want the county or WA state to answer for this.

So if it isnt a crime that the FBI will investigate who will persue it?

Thanks, THEJKH

 

[Proserpina]

She violated the order.

I'm sure the order didn't allow her to move anywhere in the world or the USA.

Shes in contempt.

You should get a lawyer and petition the court to hold her in contempt.

Once that is done, you should be able to file child abduction charges against her.

The Feds will get involved, once the HI police take the complaint and enter it into NCIC.

They'll bring her and your child back to the island.

See a lawyer tomorrow without delay.

This is not parental kidnapping at all - there is no abduction going on here.

Sorry AJ but you're off base on this one.

 

[Proserpina]

she had permission to move, the HI judge told her she could move to WA and its in the custody ordeer.

The problem is with jurisdiction, HI never gave the jurisdiction to WA. I allready have cases against my ex for several things, contemp, perjury and a couple other things, I want the county or WA state to answer for this.

So if it isnt a crime that the FBI will investigate who will persue it?

Thanks, THEJKH

It's a civil matter - not criminal. There's no crime to investigate. You said yourself Mom had permission to move to WA.


I do agree that you may need an attorney to help with the issue of jurisdiction.

If she continues to withhold your court-ordered visitation, she may eventually lose custody.

 

[army judge]

Oh well.

Good luck ever seeing that kid again, unless you move to Washington.

You should have fought her harder in HI.

 

[THEJKH1999]

I am getting my visitation now, that isnt a problem. HI said that WA had no authority to take away my rights so they re-instated them and gave my ex a stern warning to not interfere with my visitation again, however we all agree that she wasnt the one that broke the law as far as WA taking away my rights, that was strictly WA letting her talk them into it. My ex was guilty of not sending my son and is being delt with. after that hearing my ex refused to send my son again and we have a hearing coming up for a change of custody. She is up on perjury charges and contempt of court charges. Its not her I am seeking justice against for violating the UCCJEA, its WA.

WA didnt have the authority to take away my rights, there was no threat and the UCCJEA explains rights of jurisdiction and authority to take away rights of child visitation. WA specifically violated my rights by going against the UCCJEA, I want them held accountable. I would really like to see the commisioner be held in trial but I would like to see anyone held accountable at this point. I want it to be clear for courts that they cant violate federal acts without fear of reprimand, isnt that the reason for these laws anyway?

So WA violated the UCCJEA and took away my rights with absolutely no authority. they are setting a precident to have anyone move there and terminate the rights of visitation of the non custodial parent for absolutley no reason. If you have custody and dont want your ex to ever see your child again but still want the child support? move to washington, they will fix it up.

The other thing is that WA has a reason to do this, they get federal money based on the numbers of "victims of domestic violence", programs like VAWA give money for this!! So the more restraining orders and victims of domestic violence they have the more money comes in for programs to help these victims.

We need to regulate this actions, if we let this run unchecked it will turn programs with good intentions into a money making enterprise. There is a WA county prosecutor that is allready highly envolved with the programs that receive VAWA money!! so where does the line get drawn in this? he works hard to prosecute cases that will bring in money for programs and then also works with the programs benifiting from this income!!

How do I pursue justice against WA courts for violating the UCCJEA?

Thanks, THEJKH

 

[Proserpina]

In a nutshell?

You don't.

Google "sovereign immunity".

 

[THEJKH1999]

so then I should go after court on a county level? would that be a state prosecutor?

"a "consequence of [the] Court's recognition of pre-ratification sovereignty as the source of immunity from suit is that only States and arms of the State possess immunity from suits authorized by federal law." Northern Insurance Company of New York v. Chatham County (emphases added). Thus, cities and municipalities lack sovereign immunity, Jinks v. Richland County, and counties are not generally considered to have sovereign immunity, even when they "exercise a 'slice of state power.'" Lake Country Estates, Inc. v. Tahoe Regional Planning Agency."

Thanks, Jeremy

 

[army judge]

Judges and courts are immune from lawsuits.

There a few exceptions.

Alas, this isn't one of them.

If they are charging her with perjury, get a clue, she's the one you want to sue.

She lied on you in a court of law.

Sue her for maliscious prosecution, if you want to bring the thunder, lightening, and fury of a lawsuit.
It's always a great day when someone gets sued!!!

 

[Proserpina]

But bear in mind, OP, that perjury is difficult to prove (versus "innocent mistake") and it's even more difficult to successfully prosecute...particularly when it's pertaining to family law.

 

[THEJKH1999]

her perjury is pretty cut and dry. Im sure she cant get out of it. She said one thing on a police report and the exact opposite in one court then something completely different in another court!! not just a typo or misunderstanding, it was clear she was changing her story to fit whatever she was doing.

I dont want a lawsuite, I dont want money, I want it on record the commisioner wasnt allowed to take away my rights without jurisdiction!! I know the prosecutor is allready using my case in similar cases as precedence, as in when infront of a judge who brings up jurisdiction as a obstacle the prosecutor says "Commisioner so and so took his rights without jurisdiction before, I am asking for you to do it again". This needs to stop! they arent allowed to do it because federal act prohibits it but since one of them got away with it now they are doing it and using my case to say its OK!!

So a commisioner is allowed to violate federal law and not have any reprimands? isnt there anyone who makes sure courts are doing the right thing? I couldnt appeal because I was in HI and they said I needed to go to WA just to appeal it. Since I got my rights back from HI I didnt bother with it. I only now have heard that the prosecutor is using my case as precedence in other cases!!

Im challenging this now so that other fathers dont have to go thru this, I was lucky I had allready gotten things squared away in HI so WA couldnt completely screw me and I now am getting my son. If another father happens to not be as prepared or wiling to spend $70K on a lawyer in just one state WA can make sure an innocent father never see's his child again!! This really only hurts the children.

Thank you, THEJKH

 

[THEJKH1999]

thats the other thing, she never lied to wa, she notified them of all the court orders in HI and notified them of the upcoming hearing in HI. She commited Perjury in other hearings. It was upto WA to take away my rights and they did. I strictly want it said by an authority that it wasnt legal and they cant do it anymore!!