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System Splits Married Couple

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  • 02-09-2009, 04:40 PM
    fwolak
    System Splits Married Couple
    This is a case that began in NC and continues in Florida.

    This man was just released from prison in NC due to a plea to Felonious Restraint (taking his wife's child to Walmart). The original charge being First Degree Rape of a Child Parental Role. The plea does not establish in open court that the man was in parental role and originally charged in parental role where the statute clearly states "a person not in Parental Role" It was made abundantly clear during the case this was motivated by custody by a non-custodial parent, the crime had not been committed and this plea allowed the state to bow out and release the defendant because a judge forced the DA to release excupatory evidence to the defense. No sanctions were imposed, no restrictions to access as to the other children in the home were made and all rights were restored to the defendant by NC! Felonious Restraint is classified as a crime against a minor and requires public notification as such in NC.

    Florida classifies any crime requiring registration in another state to comply and register as a SEX OFFENCE in FL and places the person on the SEX OFFENDER REGISTRY where a person is subjected to door to door solicitation in his neighborhood where the neighbors are notified the man is a sex offender but the neighbors are not informed as to the nature of the actual crime of conviction. MARION COUNTY, FL

    The Non-Custodial parent residing in West Virginia with the motivation to bring such allegations against this man gains custody wile the wife is trying to keep the rest of the family together. Proof is hard to come by with no contact with the child however the Non-Custodial parent after learning of the man's release packs up his bags and child and moves to Costa Rico illegally!

    What can be done about this? Isn't it illegal for a parent to remove a child from the jurisdiction of the court let alone the USA?

    While in Jail awaiting trial the man acccused above has an uncle who was wispering into the ear of the DA in NC according to that man's attorney. (heresay) This uncle had just lost custody of a child he was acting as a foster parent for in FL. With the husband and wife separated this uncle begins befriending the wife to gain access to the family's other children. When the husband returns he is unaware this uncle was playing a role in his prosecution in NC and meets the uncle so the children can go to church with him while the couple discuss what has happened and they both look at the discovery from NC. The uncle as he is leaving repeatedly states to the man "don't make them boys any promisses you can't keep." This happened in front of several witnesses. Later the uncle is with the children and their grandmother and he is stating things about the man to the man's children. The grandmother would have to give a full account of the conversations as a witness in litigation rather than here as heresay.

    Within 3 months or the man's release DCF receives 3 consecutive calls throught the abuse hotline against the man stating he was giving oral sex to his sons. The allegations are unfounded and DCF is informed the allegations are false by everyone involved and that the family wished to file charges for harassment. After the first accusation the family moved and did not let anyone know where they moved except the uncle who was acting as if he was there for support of the transitions the family was going through. After the second call it was highly suspect that the uncle was making the anonymous calls. That was when the Grandmother was asked to supervise the trip the uncle was taking with the children and she returned with news the uncle was behind everything.

    The uncle is a former deputy sheriff dismissed of duty for reasons unknown and has a history of owning rental slumbs and using the DCF hotline to harass his tennants as well as many other forms of harassment that are not exactly legal. The court and DCF was also made aware this uncle had sent a letter to the wife where he attempted to explain that the accusations he was making against her husband were not directed toward her and that he supported her in anything she did. The uncle stated he was always there to support her and that when he told "DCF, the State Attorney and the Guaradian Ad Litem" bad things about her husband that he never said anything bad about her. Verbally the uncle also made the wife aware that he wanted to take her stepson to make life easier for her as a single mother.

    As a result of this uncle's false accusations this family has been through hell and back! There were never any indicators of any sexual abuse founded nor charged against this man or his wife. DCF did red flag the case and later DCF split this family up because one of the children had a red mark on his neck from the safetly retraints on a roller coaster ride at Busch Gardens. The arresting deputy lied in his reports about what the child told him and what the dean of students told him and attempted to cover up the fact he had been reprimanded for not making an arrest on the prior visits for sex abuse allegations. It was also apparent when thuroughly examining the case files that the uncle was working with Marion County Sheriff's Office and pulling strings on the inside. Any competent attorney would pick up on this!

    I have written and signed doccumentation (a letter) from the uncle that proves this uncle harassed the family. I have witnesses that will gladly testify this uncle has a history of doing things like this to other people. The uncle made his motives known by appearing in a closed hearing and stating he was next in line for custody of the boys.

    It is a felony to make false reports to the Abuse Hotline! It is a felony to harass someone base on the sex offender registry! No one will even investigate these crimes! What can this family do after 2 years of this uncle manipulating the system to attempt to gain custody when no one will prosecute the man because the man pays or donates something to those in authority. The uncle has a lot of money and is good at manupilating people and pulling strings on the inside!

    As of today the case is close and jurisdiction has been relinquished! The man had to allow the court to order that the only visitation he could have with his kids was to be through supervised visitation center to get them to relinquish jurisdiction. The court bases the decision to continue to require supervised visitation due to the FL Keeping Children Safe Act. At appears by this courts interpretation of the law that anyone arrested in Nevada for burglary of an occupied structure should never be allowed to have access to their own kids in FL if anyone makes an anonymous call to DCF. Accoding to Nevada you got to register for that and if you moved to FL you'd be a SEX OFFENDER for Burglary! LOL My understanding of the KCSA is that if DCF has a case against your for sexual abuse AND there is a history of certain crimes too then the presumption of detriment is made and subject to rebuttal. Would that mean the judge was wrong when she said shut up and don't say a word or I will put you in jail when I objected? The ruling on DCF's suprise motion to invoke this new law that was passed after the case began and visitation had already been established for a year seems like due process is being ignored and legislature intent is completely misunderstood. I mean DCF has to have a Sexual Abuse case to even invoke this law from what I have read. Then is it really meant for mom's to say dad did this or dad did that so they can gain sole custody in family court? Sure let mom make her case to the DCF and then DCF can make their case and invoke the law in dependancy cases!

    One other thing I wondered about. Is it normal for DCF to have a case plan of reunification then deny any contact forever and require fincial responsibility? This seems like a termination of parental rights where they force child support on the parent who's rights are terminated. If there is nothing the father can do to satisfy the court that it's safe for him to be with his wife and kids again when there was no injury to begin with did the court just enter a divorse for the husband and wife of is the visitation order squashed? It seems I read somewhere that they could charge the mother with failure to protect (neglect) if the couple remain a couple and live together even if nothing ever happened or every did happen all because some judge got a quick $2000 to rule a certain way...

    I understand now that jurisdiction has been relinquised by that court I might find justice in a real court where no one is padding anyone's pocket...
  • 02-09-2009, 06:14 PM
    gigirle
    Re: System Splits Married Couple
    Is there a condensed version somewhere that you could provide?
  • 02-09-2009, 06:44 PM
    aardvarc
    Re: System Splits Married Couple
    Exactly what is it that you would like to see happen at this point and forward?

    You can take allegations of inappropriate, illegal, or biased behavior by law enforcement, DYS, or other officials involved to the media. They eat up cases where they think they can show evidence of such behavior, or of bribery to those in public office. Take them whatever evidence you have of such and let them investigate as an outside party.

    Consult a Florida criminal defense attorney about the actual legal applications of the registry and how the specifics in this case do or don't apply - and then allow the attorney to act accordingly on your behalf.
  • 02-10-2009, 09:49 AM
    fwolak
    Re: System Splits Married Couple
    Quote:

    Quoting aardvarc
    View Post
    Exactly what is it that you would like to see happen at this point and forward?

    I would like to assist my wife with her situation of her ex using the system to remove me from the picture and take the child to Costa Rica! It should be noted that my wife was the subject of DV in her relatiohsip with her ex and it only stopped when I entered her life and removed her from the abusive environment. The ex used the child to control my wife before we got together and I provided the funding to hire the best lawyer where she ultimately won primary custody with NCP awarded visitations. As soon as I was removed from the picture he moves in for a change of custody! My wife loses with no representation or notification of the proceeding that occured during the visitation process! I got released and he packed up and flew the country and is now in Costa Rica!

    I would like to see action taken against the uncle be it criminal or civil and am not sure if there is actually even a case to sue this person.

    I'd like to resume life with my family but there is no court case now and it appears by doing so my wife might be accused by DCF of failure to protect although nothing ever happened to injur anyone! Surely if a person had done all the rotton things presented in the heresay of this case there would be one piece of physical evidence supporting all the theories!!! Oh, I forgot there is physical evidence (of slander)...

    As you can see my life has been irrepairably changed as a result of all of this! I am also not the type to let it go and move on without trying to correct the injustices! It appears my conviction in NC that started the snowball rolling is going to be overturned very soon so that is on my side since everything that happened in FL was a direct result of the opinions of DCF as a result of NC!
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