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Need some advice

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  • chemelt
    I have a doozy of a domestic case here, if anyone has any ideas they would like to share please do so here or in private email. Here are the case highlights.
    Message 1 of 3 , Dec 5, 2003
      I have a doozy of a domestic case here, if anyone has any ideas they
      would like to share please do so here or in private email. Here are
      the case highlights.

      In oct 1995, the family court in NC entered a custody order giving me
      primary custody of my son.

      In Aug of 1994 my ex moved from NC to Texas (but suit was already
      pending in NC)

      in Nov 1995 I moved from NC to SC with the child.

      In May of 1996, per the UCCJA and federal PKPA SC became the home
      state of my son and the only state that has legal authority to enforce
      or modify the original custody order.

      In an obvious forum shopping expidition, in Dec of 2001, my ex filed a
      motion to modify the custody order in the NC court (remember he lives
      in Tx and I in SC).

      I motioned the NC court to dismiss for lack of jurisdiction.

      NC court denied my motion and entered a void custody mod order. I
      appealled. My appeal was dismissed as interlocutory. Deadline had
      passed to appeal the final order, I petitioned for writ of certiorary,
      NC appeals court declined to hear my appeal.

      My ex had now filed a contempt cause of action in Tx. He is not done
      with his forum shopping and is intent on making my life miserable.

      I am out of work and can't afford to fly to tx to defend this most
      fraudulant action, nor can I afford an attorney in Tx.

      I looked at Tx statutes and they say if I don't show up for a contempt
      hearing the judge can issue a capias for my arrest, and then file it
      in the Tx criminal records and the national network so I guess then
      can then pick me up in SC for this obomination of juridical process.

      I intend to answer with a special appearance and challenge both
      personal and subject matter jurisdiction but I guess I must still
      someone physically show up in court, right?

      Well any suggestions or input especially from anyone in Tx or anyone
      familiar with family court statutes, etc.

      Thanks
    • Legalbear
      I have a doozy of a domestic case here, if anyone has any ideas they would like to share please do so here or in private email. Here are the case highlights.
      Message 2 of 3 , Dec 5, 2003

        I have a doozy of a domestic case here, if anyone has any ideas they

        would like to share please do so here or in private email.  Here are

        the case highlights.

         

        Carol:  You need to file a motion based on the principle below:

         

        forum non conveniens

        (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a forum which is not convenient. This doctrine is employed when the court chosen by the plaintiff (the party suing) is inconvenient for witnesses or poses an undue hardship on the defendants, who must petition the court for an order transferring the case to a more convenient court. A typical example is a lawsuit arising from an accident involving an out-of-state resident who files the complaint in his/her home state (or in the defendant driver's home state), when the witnesses and doctors who treated the plaintiff are in the state where the accident occurred, which makes the latter state the most convenient location for trial.

         

        You can get a sample motion for this out of American Jurisprudence Pleadings and Practice found in any law library and the larger university and public libraries.  You could also find samples in Moore’s Federal Forms or Wright and Miller on Federal Procedure.  You need to mold those forms to fit Texas . 

         

        Also, on my web page www.freedivorceforms.net at the top is a link that says “Crossing State Lines.”  Click on that and it will take you to what is called the Uniform Child Custody Jurisdiction Act.  You need to find out whether Texas has adopted this [probably] and include the relevant provisions in your motion as a basis for changing the forum.  Bear

         

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      • Trooper753@aol.com
        anything texas does is void on its face. if they do anything at all, do a motion to vacate void judgment. do not go there or send a third party there or you
        Message 3 of 3 , Dec 6, 2003
          anything texas does is void on its face.  if they do anything at all, do a motion to vacate void judgment.  do not go there or send a third party there or you enter into the jursidiction.  file for child support in sc asap and take a copy of all orders from nc with you.  it will smooth over.  if you never lived in texas then you really have no business going there for a frivolous matter.  you can always make the texas judges life a living nightmare.

          ~Char

          I fight what you fear!
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