missed 1st court date?

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Naboo
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missed 1st court date?

Postby Naboo » Sat Jan 13, 2007 11:41 pm

I have yet to receive any paperwork regarding why CPS removed my six kids and my girlfriend from the home. This Tuesday is the next business day and a full week away from the kids. CPS told my girlfriend that she is not allowed to contact me or try to leave the shelter or they will take the kids away from her.

Can they do that?

They only paper I have is from the "Department of Public Health and Human Services" stating "Reasons for removal: Physical Abuse".

On this paper states that the next step is the "Show Case" hearing...if the kids are away from more than 2 working days then there has to be a Show Case hearing. This is the state of Montana.

Should I go to the courthouse to see if I am listed for appearance? How do someone find out if he/she has a court date, if that person didn't receive anything? What can happen if I didn't appear but I wasn't informed?

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good dad
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Postby good dad » Sun Jan 14, 2007 12:10 am

CPS told my girlfriend that she is not allowed to contact me or try to leave the shelter or they will take the kids away from her.

Can they do that?


CPS can tell you that you have to do anything. Technically, you only have to do what the court orders you to do... They will say "She agreed not to leave or have contact with you" and use this verbal agreement to show she's not following through on her word if she leaves or contacts you, then tell the court she can't be trusted and her word means nothing...

Should I go to the courthouse to see if I am listed for appearance? How do someone find out if he/she has a court date, if that person didn't receive anything?


Contact the Clerk of Courts at 8 a.m. Tuesday (try Monday just to be sure they are closed)

What can happen if I didn't appear but I wasn't informed?

If personal service cannot be made upon the parents or parent, guardian, or other person or agency having legal custody, the court shall immediately provide for the appointment or assignment of an attorney as provided for in 41-3-425 to represent the unavailable party when, in the opinion of the court, the interests of justice require.

http://data.opi.state.mt.us/bills/mca/41/3/41-3-422.htm
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My advice is my opinion and not legal advice
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A bad lawyer is worse then no lawyer and bad advice is worse then no advice....

Bob_Lynn
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Postby Bob_Lynn » Sun Jan 14, 2007 6:58 am

You are in a position where you can beat these criminals right at the start of your case. Please review the section on the Family Court Hearing - A Constitutional Defense (see link below). This is your chance to beat them by challenging jurisdiction. These family courts are unconstitutional profit driven corporate administrative courts. If you file the proper pleadings, you can expose their criminality on the court record from day one, then challenge their authority. Unconstitutional courts have no jurisdiction in America but it's up to you to challenge them. If you try to defend their hearsay with your own hearsay, you are accepting jurisdiction and falling into a crapshoot. I think you have a pretty good idea by now that when a family court judge listens to CPS hearsay and CPS victims' hearsay, which one he's likely to believe.

http://www.life-vs-cps.com/index_files/Page357.htm

Note, you can also try to get your children back immediately by filing a Petition for Writ of Habeas Corpus in federal court (see link below). I can't guarantee this will work but you have nothing to lose by trying it. In any case, the Peitition for Writ will also be part of the court record for your defense.

http://www.life-vs-cps.com/index_files/Page425.htm
We must not confuse dissent with disloyalty. We must remember always that accusation is not proof and that conviction depends upon evidence and due process of law. Edward R. Murrow

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Frustrated
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Postby Frustrated » Sun Jan 14, 2007 6:38 pm

There was supposed to be a 72 hour Hearing where a Parent must be present in Court after the Kids are being placed in Foster Care or other Care like the Shelter. Most States has this and usually CPS are supposed to notify you to attend this Hearing, but usually they don't. They don't want to have the Parent to have a Chance to win the Case, in fact CPS wants the Parent to lose. That is why you weren't notified of this.

Usually if the Parent is not present, the Judge will go with the recommendations from a CPS Worker to have the Child stay in Foster Care.

Technically, they can't keep your Girlfriend hostage at the Shelter. She can go some where else like her Relatives' house. I go to Shelters all the time, and my Counsellor said that there is One month stay at the Shelter and after that I must seek other Places to stay. She can go to Relatives' house and CPS can't take the Kids away from her, because she is NO WHERE near you, NOT in your House. So therefore, she is away and in a different setting. CPS can't threaten her to stay in a Shelter. Most Shelters works closely with CPS. I was told that the Shelter I stay at works closely with CPS and anything I tell to the Shelter Counsellor, they relay the messages to CPS.

Did you notify the Girlfriend about this Site? She needs to go on and be aware of her Rights and know what is going on. I know that Shelter can't threaten her to stay, but CPS can. That is the big difference.
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22


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