Severe violation of rights


#1

My ex wife and I got divorced in Florida in 1999, in 2005 she moved to Pantego NC with our 3 children and her new husband, and the case was transferred to NC. In 2009 she moved back to Florida because I had relocated to Tennessee. I have not had any visitation with our oldest child since christmas of 2010, as her mother gives her the right to choose if she wants to come visit and due to the fact she is in high scholl has a job ect… The other two children ages 16 and 14 came for summer visitation. the mother never follows the court order of meeting half way for visitation so if I do not come get them or fly them I do not get to see them. They brought up issues of physical and emotional abuse as well as parental alienation occuring against me by my ex and her husband. There were no physical marks on my children and I contacted DCS but could not get anybody to assist as they did not know which state would qualify to handle the issue since the court case was still in NC but the abuse happened in FL, but FL DCS could not interview the kids in person as the kids were with me in TN. DCS advised me to take them to a psychologist which I did under my employer EAP program but due to the laws of the EAP program she could not help me because she would not be able to testify in court and referred me to a psychologist who specialized in court testimony who could validate the childrens accusations that psychologist urged me to contact a lawyer. I tried contacting lawyers in NC who told me that due to the fact that my ex had lived in FL for 3 years that NC no longer had jurisdiction that I would have to file a case in TN or in FL. I contacted lawyers in Florida who told me that they couldnt file anything until NC relinquished jurisdiction over the case, i was in lawyer limbo between 3 states for almost 3 weeks. during that time my job was bought out by another company and I could not get the time off to return the children from visitation and I advised my ex who was not working to come get the children, meet me half way, or purchase plane tickets back to florida since I had purchased the plane tickets to get them to TN. She refused everything, and school statred in both states and I was forced to get a temporary guardianship issued to enroll the 2 children in school in TN. After this was done and a TN judge had issued an order to show cause against her she up and moved back to NC on Sept 3rd and filed her own paperwork of contempt against me and a NC judge issued an order to show cause against me. I showed up in court in NC on Sept 17th and she even admitted to the judge that she had just moved back to NC on Sept 3rd due to the pending court issues so she could keep the case in NC and because there was a hearing in TN on the 19th he resceduled the hearing to Nov 13th. What my ex had failed to let the judge know and what I didnt even know until driving home to TN that day was that she had left our 17yr old daughter behind in Florida and had signed over guardianship of the child to my ex wife’s mother, and that I have been blocked from all communication with my daughter. My ex wife only has residential custody but we share joint legal, this was done without my knowledge or consent. So my ex wife decided that she would leave our 16yr old son with me and only requested the return of our 14yr old daughter which I complied with. She was supposed to file paperwork with the court and with child support services as to the whereabouts of each child and still has not done so. I filed a motion for child support reduction based on the circumstances of the 17yr old being in florida and the 16yr old being with me, and a hearing was scheduled for 1/11/13. Now she has called up our son and states there was a hearing conducted on November 21st and that the judge ruled that my son be returned to her even though we had a mutual agreement that he could reside with me, my issue with that is that I never received notification that there was any paperwork filed or that there was even a hearing scheduled so that i could have representation. She says that I should receive the judgement paperwork anyday now. Can someone please explain to me how the state of North Carolina can violate individuals rights to be informed of hearings and to have the opportunity to properly represent themselves, is there a way that I can appeal this ruling, and does North carolina even have juridiction considering the Uniformed child jurisdiction act states that a party must live within a state for a period of 6 months before that state can take over jurisdiction. Two out of our 3 kids have not resided in NC since July of 2009, one is still residing in Florida, and one has resided with me in TN since June 13th 2012.


#2

Sounds like you need to pull the court file and find out where it says notice was mailed.

Also, it doesn’t sound like NC has jurisdiction any more because no one has lived there, and it sounds like you have already gone through some of the work to get the order registered in TN for enforcement/modification there. I would have a consultation with a lawyer in the county in NC where the action is pending to discuss how to get that court to close that file since it is now registered in TN.