References to -- Absconding (fleeing jurisdiction)

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References to -- Absconding (fleeing jurisdiction)

Postby Marina » Wed Oct 04, 2006 5:34 pm

References to -- Absconding (fleeing jurisdiction)

See also - Fleeing
http://forum.fightcps.com/viewtopic.php?t=4972

http://www.uslegalforms.com/legaldefini ... bscond.php

Abscond is a term referring to the deliberate fleeing or conealing of oneself in order to avoid a court's jurisdiction. It typically is used in the case of a debtor who travels covertly in order to place himself out of the reach of the court's service of process when creditors attempt to summon the debtor to appear to answer a claim for payment.

Abscond may also be used to refer to a person who flees the jurisdiction to avoid arrest. Also, a person may be said to have absconded when they leave un expectedly with funds or goods that have been stolen.

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http://law.enotes.com/wests-law-encyclopedia/abscond

To go in a clandestine manner out of the jurisdiction of the courts, or to lie concealed, in order to avoid their process. To hide, conceal, or absent oneself clandestinely, with the intent to avoid legal process. To postpone limitations. To flee from arresting or prosecuting officers of the state.

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http://www.courts.state.va.us/opinions/ ... 156021.txt

Very early on October 12th, mother called her supervisor at
work to explain what had happened the previous day and to inform
her employer that she could not return to work due to problems
with the children. Later that day, the DSS investigator visited
the home and not finding mother and children there, became
concerned that mother had "absconded" with the children. Mother
was not under any court order or duty to remain at the home.
The DSS investigator immediately filed a petition for an
emergency removal order in the juvenile and domestic relations
district (J&DR) court. The court entered the emergency removal
order on October 19, 2000, finding "severe neglect" and that
mother had "absconded" with the children. In the same order,
the court appointed a guardian ad litem to represent the
children...

The
plan detailed that the children were placed into foster care
based on the lack of supervision incident, mother's alleged
"absconding" with the children...

The behavior of DSS in this case was described at hearing by
mother's therapist as "adversarial and judgmental and almost to
the point of intimidating." The guardian ad litem argued that
the motives of DSS were "disingenuous." The trial judge
transferred the matters to Hampton because he found, with regard
to DSS that "the well's poisoned in Virginia Beach."

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