cannot file motion to return custody

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Naboo
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cannot file motion to return custody

Postby Naboo » Mon Jan 15, 2007 6:31 am

I was about to prepare the following documents:

Declaration of facts
Motion to return custody of the kids
Memorandum of Points and Authorities

but I can't because I don't have a case, a case#, or an order from the court.

Don't they have to give me a court order to take the kids away, all I have is a pink carbon copy of reasons why they removed the kids. This paper was left with the babysitter while I was at the one on one meeting.

Bob_Lynn
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Re: cannot file motion to return custody

Postby Bob_Lynn » Mon Jan 15, 2007 7:38 am

Naboo wrote:Don't they have to give me a court order to take the kids away, all I have is a pink carbon copy of reasons why they removed the kids. This paper was left with the babysitter while I was at the one on one meeting.


They need a court order or a warrant issued upon probable cause. If these don't exist, file a Petition for Writ of Habeas Corpus in federal court demanding that your children be returned and stating they violated your consitutionally protected rights under the 1st, 4th, 5th, 9th, 10th and 14th Amendment to the United States Constitution. You should also look up your state constitution and add anything else that they have violated, this is usually found under Article I, often titled "Declaration of Rights".

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

See also the section on Writ of Habeas Corpus on the LIFE website:

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 » Mon Jan 15, 2007 10:19 am

:shock: Wow.

Wasn't your One Child taken into Foster Care? For that Child to be in Foster Care, there has to have a Court Order to remove the said Child and enter him or her into Foster Care. There has to be a Case number for that court order removal and a 72 hour hearing for that Child.

For the other Children, you can't do anything because the GF voluntarily took the Children and the Court Order wasn't needed. CPS Worker was smart on you.

Find out about the one Child that was taken into Foster Care, to see if there is a Case number for that Child.
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

Naboo
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Postby Naboo » Mon Jan 15, 2007 10:19 pm

I am going to the courthouse to find some information. I have the voicemail of my caseworker stating that she would get a hold of me regarding a courtdate. I think it passed and she is working to get a temporty investative authority.

or....she cancel that and is trying for the next level:

temportary legal custody

sigh

fixigo
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Joined: Fri Dec 29, 2006 2:51 pm

Postby fixigo » Tue Jan 16, 2007 7:37 am

Naboo wrote:temportary legal custody

sigh


Maybe you can arrange to have the child in care go to your GF?

Here's a link you may find useful

http://data.opi.state.mt.us/BILLS/mca_toc/41_3_4.htm

It's Montana Code - Abuse or Neglect Proceedings.

Hang in there.

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Frustrated
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Postby Frustrated » Tue Jan 16, 2007 12:03 pm

You could ask CPS for that to consider the Child to go to GF's Care, so they can consider it as "Relative Placement". CPS Worker has to get a-okay from Supervisor tho'.

They are probably looking to place the child with the Natural Mother and you probably don't want that since you say she is on drugs and other stuff. Tell CPS about that so they would consider instead to place her with OTHER Relatives like Grandparents, etc ....etc...
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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