Sunday, November 27, 2022

Can The Police Help Me Get My Child Back

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What If My Child Has Been Abducted From Canada

WHY ARE THE POLICE at my HOUSE?

If a parent abducts a child from Canada an international treaty called The Hague Convention on the Civil Aspects of International Child Abduction may be of assistance. The treaty allows parents with custody rights to request the return of their children from another country.

The Hague Convention requires that children wrongfully removed from the country of their residence, or wrongfully kept in another country when the left-behind parent has a right of custody, be promptly returned to his or her home country. The Hague Convention applies to children under 16 years of age.

There are some limited exceptions to the requirements in The Hague Convention to return children, such as if the left-behind parent agreed the child could be taken to or remain in the other country, the child would suffer physical or psychological harm if returned, or the child wishes to remain in the other country and is old enough to have his or her views considered. These exceptions have generally been very strictly interpreted by the courts.

A much less difficult test applies when requests for return of a child are made more than a year after the childs removal or retention. The court in the other country can refuse to return the child if it feels the child is now settled in the new country. For that reason, it is extremely important for a parent with a right of custody who wishes to request the return of the abducted child to do so at the earliest opportunity.

Thirteenth Amendment Slavery And Involuntary Servitude

I also hereby invoke my Thirteenth Amendment rights.

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.Section 2. Congress shall have power to enforce this article by appropriate legislation.

It may be that some of our family dynamics need a little tune-up with some services such as a parenting class or a class on how to manage finances or I may just need help getting a job so that I can support my family. But, it is against my Thirteenth Amendment rights to force me to take services if I have not committed a crime. It is against these same rights to have to take these services in order to not have my child/ren taken away. It is also against my Thirteenth Amendment rights to force me to take any services to get my children back. The court takes jurisdiction of the child and NOT the parent.

Expect Your Child To Be Angry If You Call The Police

Expect your child to be angry if you call the police. Hell say, You stabbed me in the back. Hes going to feel a sense of betrayal. Hell play the victim.

Dont waver. This is just what abusive people do when you stand up to them. I think when things are going well, you want to say:

If you make different choices, we never have to call the police again. But if you assault somebody, if you break peoples stuff, if you bring drugs into the house, if we feel intimidated by you, or if Im afraid somebodys going to get hurt, Im calling the police. And I just want you to know that.

What your child will learn to say is, So what, they wont do anything anyway.

But then just say:

That may be, but Im still going to keep calling them.

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You Do Not Have To Answer All Of Their Questions

Q: Should parents answer all the questions they are asked?

A: Before answering questions, I would encourage anyone under investigation to ask questions. Those include:

  • What were the allegations made against me?
  • What exact information are you looking for?
  • What exactly are your concerns?

You do have a right to refuse to answer questions, so if youre told the allegations are about domestic violence, but theyre asking you about something else entirely, you may want to say, I dont think that question is relevant to the concerns youve raised.

One thing you dont want to do is minimize serious concerns. You want your answers to reduce concerns, not raise more concerns.

If youve had prior cases, CPS is required to ask you about them.

They may be “required” to ask them, but that does NOT mean you are required to answer them.

If you have addressed any problems you were struggling with in the past, its a good idea to explain how youve done that. NEVER talk about your failures.

Again I want to remind you…..You do have a right to refuse to answer questions. It is best that you do not answer their questions. Why? Read further.

Age Of Criminal Responsibility And Criminal Prosecution

New Police Cause Car for Domestic Violence

The age of criminal responsibility in Scotland is 12 years old. This means a child under the age of 12 cannot be arrested, charged or prosecuted for a crime. It is not possible for a child under 12 to get a criminal conviction.

The age of criminal prosecution is 12 years old. If the behaviour of a child under 12 has been harmful, they will not go to a criminal court. Instead their case may go to a Children’s Hearing. The hearing will focus on the child’s behaviour and circumstances. It is not possible for a child under 12 to get a criminal conviction.

Children aged 12 to 16 can go to court but only for serious crimes. For most offences they will get an early intervention, such as:

  • help from a support organisation
  • going to a Children’s Hearing

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Qualified Immunity / Absolute Immunity

The court ruled in Demaree v. Pederson that there is no qualified immunity for investigators who remove children from a home without a warrant or immediate threat of serious physical harm to the child.

In this particular case, husband and wife Anthony and Lisa DeMaree of Arizona took pictures in 2008 of their young daughters at bath-time. A store employee developing the film saw the naked backsides of the children and called police.

Police investigated the matter but didnt see a reason to file charges. But a child protective services employee decided to pursue the case.

CPS took the girls into protective custody without a warrant and without any threat of bodily harm to the girls.

In the parents lawsuit that followed, CPS worker Laura Pederson claimed qualified immunity, a common defense of a government worker who can claim they didnt realize they were violating a citizens constitutional rights.

Although no charges were ever brought against the parents, they lost custody of their girls for about a month. Because their family was torn apart without so much as a judges warrant or any threat of imminent risk, the Ninth Circuit found their rights had indeed been violated, and the child services investigator and her supervisor can be sued for violating their rights.

A police officer involved with the arrest had also been sued but settled with the family before the case went to trial.

Using A Child Contact Centre

A child contact centre is a safe place where your child and your ex-partner can meet or have contact. This might help if youre struggling to communicate with your ex-partner or you dont want to see them.

Staff at a child contact centre can:

  • help with handover arrangements so you dont need to see your ex-partner

  • see and hear your child during the contact session to make sure theyre safe – this is called supervised contact

  • give you a safe space for your child and ex-partner to meet – this is called supported contact

You can find out more about contact centres on the National Association of Contact Centres website.

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What Should I Put On My Petition

Write down as many details as possible. In order to obtain an order of protection you must state that a family offense occurred. Many actions are family offenses, such as when a person verbally, physically, emotionally, or sexually abuses you, or threatens to hurt you. Describe when each incident occurred, where it occurred, what happened, whether you were injured , and whether weapons were used. It is best to include the most recent incident, the first incident and the worst incident. If there was verbal abuse, tell the clerk the exact words the respondent used. Tell the clerk if there is criminal court involvement and if there were earlier orders of protection. Before you sign the petition, read it carefully and tell the petition clerk if anything important has been left out. Make sure the petition is accurate and fully states what you want to tell the Judge.

What can I ask for in my petition?Most temporary orders of protection say that the respondent must not assault, menace, or harass you, but you can ask for additional terms. You must tell the petition clerk specifically what you would like the Judge to order. Some of these things may be in the temporary order and some may be in the final order. You can ask for:

1) Stay away: The court can order the respondent to stay away from you, your home, your job, your children, your children’s school or any other place or person the court finds necessary.

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The police may tell you to take it up with the court. If an officer is willing to help, he may call the opposing party and demand compliance or escort you to pick up the children.

If filing a police report for a custody violation doesnt work, you can always file a Motion to Enforce with the court. A Motion to Enforce tells the court that the opposing party has failed to comply with the child custody order and is unreasonably denying you visitation

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Motions to Enforce are conceptually similar to Contempt Motions except they must be heard within 30 days by law, at least where I practice. At an enforcement hearing, you can ask the court to:

1) reaffirm the placement schedule

2) award you make-up days for the lost parenting time and

3) order the opposing party to pay your attorney fees and/or court costs.

If you have any questions about filing a police report for a custody violation or how to get your child back from the non-custodial parent, get in touch with a mens divorce attorney and they can help you figure out what steps you need to take.

Cordell & Cordell has mens divorce lawyers located nationwide. To schedule an appointment with a divorce attorney, please contact Cordell & Cordell.

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Police Powers: Your Rights In Victoria

Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au

Can I Ask For Custody Of Or Visitation With My Children

1) Custody: You can ask the court to order that the respondent not interfere with custody of your children as part of the order of protection. This order will last for as long as the order of protection does. You may also file a separate petition for custody. The clerk will help you file a petition for custody. Either parent can file a petition for final custody at any time.

2) Visitation: The court may order visitation for either parent as part of the order of protection. The court can specify times for the visits and safe places to exchange the child, such as a police precinct or friend’s home. If necessary, the court can order supervised visits. The visitation order will last only as long as the order of protection. Either parent may file a separate petition for visitation at any time. However, the court may direct that a separate petition be filed to determine this issue.

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Can I Go To School

  • Some runaway students are considered “homeless students.”
  • You are a homeless student when you do not have an “adequate, fixed, regular nighttime residence.” This means if you are living in a shelter, motel, campground, car, the streets, or if you are couch surfing with friends or family. In that case, you should be able to stay in the school you were attending before you ran away or became homeless for the rest of the school year, or the school in the area where you are now staying.
  • The school must provide transportation to your former school or new school for the rest of the school year. The school must let you in the day you call them and/or show up even if you don’t have all the documents you need. If the school makes you wait, call Kids Legal.
  • If you are not a homeless student, but there are emergency reasons for why you are not living at home, the superintendent of the school where you are staying can let you enroll there. If you have a problem going to school, call Kids Legal. More on Rights of Homeless Students

Rules For Your Court Date

" BRAIN

You have to be there.If you miss a court date, you could get arrested for failing to appear. That is a new crime! If you have to miss because of an emergency, call your lawyer If you forget court and realize it later, hurry! Call your lawyer and your lawyer will advise you what to do. Be on time. You have to be there at 9 a.m. Check in with your lawyer or go to the public defenders office to apply for a lawyer. Make sure you check in with probation or the Judicial Marshall who is in charge of calling cases. This makes sure that people know you are there. Be patient, and dont ever leave the courthouse without telling your lawyer. Wear nice clothes. Leave your hats, big jewelry, and chewing gum at home. Have your hair neat and clothes clean.

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When You Are Arrested

Go with the police: do not fight them or run away. The police can arrest you if they have a legal form called an arrest warrant. If a judge has signed this form, the police can arrest you by showing it to you or telling you about it. They need to tell you why they are arresting you and make sure that you understand them. They can touch you, but not hurt you.

The police can arrest you without a warrant if you have committed – or if they believe you will commit – a serious crime. For less serious crimes, the police can arrest you without a warrant if they see you commit the crime and need to find out who you are, stop you from committing the crime, keep you from destroying evidence, or make sure you will go to court.

Tell the RCMP that you want to . They have to help you call a lawyer who can tell you if you should talk to the police and can help you get released. You have a right to talk to a lawyer, and you can talk to the lawyer in private.

Never lie to the police. You do not have to talk to the police at all, except to tell them your name. You do not have to answer their questions or give any statements. Anything you say can be used in court against you, so it’s important to talk to a lawyer before you talk to the police.

If you can’t go to work because you are in jail, make sure your boss knows you won’t be at work. Tell your boss what happened, and ask if you can talk about it in a few days when you know more about what is going on.

When Your Child Can Be Taken From You Without A Court Warrant

Oranga Tamariki Act 1989, s 39 Case: NZFLR 288

In some situations the police but not Oranga Tamariki social workers may be able to enter your home and take your child away from you without first getting permission from a judge through a warrant but this is a drastic step thats allowed in only the most urgent and exceptional cases. For example, the police wont be able to do it just because youve made a wild statement or threat under stress and in the heat of the moment.

When the police use this emergency power, they have to show you their police ID and tell you that theyre using this specific power under section 39 of the Oranga Tamariki Act.

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The American Government Is No Different Than Walmart

I hate to break it to you like this, but, the United States Government is just a corporation exactly like Walmart. The president of the U.S. is no different than the president of Walmart.

Each state is a fictitious entity corporation, and each county, each courthouse, and even your police station. They ALL are made by man and therefore are under man.

The laws that govern the legal fictions like corporations, governments and agents of those fictions are different than those that govern living men/women in which the Constitution was founded.

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