Lack of Jurisdiction


#1

Hello-o-o-o-o-o-o??? anyone?.. “Bueller?..Bueller?..”


#2

This is very confusing because from what I read of the laws pertaining to both custody and child support, NC should acknowledge the dismissal of another case and hold a hearing in NC since NC hold jurisdiction. Hopefully an attorney will respond. I don’t suppose your attorney has anything up his sleeve since she provided false information to the courts in Maryland to gain custody and support? I mean wouldn’t that be considered perjury or do you actually have to be under oath to commit that?


#3

I don’t know what my attorney was trying to do. I’m pretty sure he didn’t know what he was doing either and that’s why he’s not practicing “family law” anymore. From everything I’ve been told, N.C. should dismiss the entire order since it originated in Maryland, and they have since dismissed it. It seems like this should be a “cut & dried” situation, but apparently not since no one has an answer. Either that, or I must have offended someone with one of my previous statements.


#4

I dont get the courts. This is ridiculous. This may be of no help, but its free and worth a try. Have you been to the clerk of court? You may want to try to call a clerk of court in a much smaller county. Sometimes they will tell you exactly what to do and file, because they dont deal with so many cases everyday. I agree…this should be a cut and dried situation.


#5

Oh, and you should file a rule 60 ASAP!!! How long has she been gone w/ the kids?


#6

The county in North Carolina that is enforcing the order is in a small County. I even had child support where I live send them a copy of the dismissal letter from the Maryland courts and they still refuse to acknowledge it. What is a “rule 60”? This has gone on for so long, it may be too late to have anything done. It amazes me that we constantly hear the courts say they’re doing what’s “…in the best interest of the children”, yet they ignore over 200 studies showing the detrimental effects of allowing the father to be alienated from his children. I guess as long as they get their MILLIONS + kickback from social security and their “poundage”, they can live with what they’re doing to OUR kids.


#7

A rule 60 is a motion to dismiss an order. You do not need an attorney and you will be able to speak with the judge face to face. Hopefully then it will be cut and dried. The time frame will not matter for this considering the facts. You just found out the other state dismissed it.

The time frame may be too long to file a motion for emergency temporary custody for kidnapping/witholding all contact, but it is worth a shot. The courts are pretty picky about what they consider “emergency”, and you dont want to p*ss off the judge.

How long has she been gone? Have you gone in and personally talked to the clerk of court?

As far as the father/mother, there are so many men who are just as awful as your ex. I personally believe that in my county, which is very large, the party that has more money wins. Usually the men when it comes to very high incomes b/c they can afford the attorneys that have the most pull w/the judges. It is all about money.


#8

Dear hawkman:

Greetings. Sounds odd. I would file a new claim for child custody and child support and move to have the actions consolidated. You likely made the mistake by recording it here, but you should still be able to fix the same. No, the order did not have to be registered - you should have filed a new action here. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#9

Thank you Ms. Fritts. My attorney at the time said the order had be registered there, in order for them to re-evaluate the support amount. That was back when I was much more niave and still believed in our legal system to do the right thing. Thank you again.


#10

Under the provisions of North Carolina Statues, they are supposed to accept, recognize, and enforce orders from other states as if they were issued in N.C. My ex postponed our custody hearing in N.C. & ran to another state and obtained custody and support by giving fraudulent information to the court in Maryland. My attorney later stated he had to register this order in N.C. in order to have the support reduced by N.C. since the calculated support was based on incorrect information provided to Maryland. Afterwords, the State of Maryland finally accepted that they had been “snowed” by my ex, and did not have jurisdiction so they dismissed it based on the grounds of “lack of jurisdiction” and sent me a letter stating so. Now, North Carolina refuses to acknowledge this dismissal. They state since it was registered in N.C., they accepted it as being true and correct, and will not recognize Maryland’s dismissal. How can an order that was dismissed still be enforced by another state? The order HAD to be registered in order to reduce the support since N.C. actually had jurisdiction over the matter to begin with.