Saturday, July 31, 2010

Lack of Jurisdiction for CPS to Take Child & Canada Jail

I read some law, which demonstrates how it is illegal to take any action against a mother or child who are in another state or country.

The State of Washington did not have legal jurisdiction. According to case law, the legal domicile of a child follows the domicile of the legal guardian.

So if a parent moves to a different location, there is no jurisdiction by another state or country to go after that child or parent. They would have to wait until maybe they were back in the state.

So this would be motive for people to set me up and fabricate an arrest.

Even prosecuting for getting a Protective Order is moot. One cannot use a Protective Order on a parent that is in another state or country. They would have to wait until they're back.

So basically, the State of Washington never had a proper jurisdiction to begin with.

I found this case law in the book for Appellate Law in Washington State, Book 7.

There was one book on a table, which was helpful and I read case law. Then, out of curiosity, I pulled out only one other book, Book 7, and this is what I found.

So, the State of Washington had to intentionally collude with others, to effect conditions to try to take my child when they didn't even have jurisdiction to begin with.

They wanted to get me back in Washington State, and the only way they could do that was to somehow force my son over.

The only way to do that was to fabricate an arrest.

If they arrested me, they could then claim the child was a ward of Canada's CPS.

Technically, the jurisdiction belonged to Canada, regardless of my nationality and the nationality of my son.

I think I have grounds to say the entire thing was an illegal kidnapping, collusion, and hogwash.

I went to Canada legally. I went with my son...

By the way, there are a lot of cars and vehicles with very squeaky tires going by now...

Anyway, I think the very fact that CPS initiated their legal action when I was in Canada was improper. They gave Canada a Protective Order after the fact and waited on Canada to find some way to arrest me first.

I was set up.

I had a legal place to live and stay with my son there. I was with one family but when they said we had to go, I already had a place I was going to. One is considered a "guest" in Canada if there are friends to support you and my son and I had that support. Food and shelter and other support.

I was at the Walmart killing time with my son that afternoon, and the only people who knew we'd be there were the former people we stayed with. I was going to go, with my son, to a brand new apartment which was all to ourselves afterwards. We had a chance to make it there, as guests until I got other things in order. I had talked to Queen's Counsel and the lawyer was very good and said yes, I was legally in Canada and that my circumstances changed because I had friends supporting me and my son.

When I was arrested, it was on the assumption that I was trying to become "an illegal immigrant" or an immigrant illegally. They said I was trying to work in Canada and so this was illegal. They also said I was there on "insufficient funds" but that's not true if you are under the covering of "guests" who are agreeing to provide for you until other papers are in place.

From my understanding, the entire whole 2 years of CPS work may be completely THROWN OUT and my son may have to be returned to my FULL CUSTODY.

If they wanted to initiate a new action, they'd have to start all over and try to find current grounds and not go off of anything else.

I think that this is why Russ Haegen called to "dismiss the whole thing," because he called when I first was asserting something about how could they do this when we were in Canada and when they should have extradited me instead of whatever. I didn't have a better idea about jurisdiction as grounds for throwing something out until last week when I looked at the law book.

It seems to me though, that looking back now, the State always knew. And probably that's why Russ wanted to talk to me with a lawyer on the line for 3 hours, to try to guess or find out how much I knew about procedure and decide whether or not to chance going forward and not getting caught.

He said "What if we just throw the whole thing out?" because he knew the entire thing could very well be subject to being thrown out.

I did read that if a case is wrongly against a parent and then LATER facts emerge of bad parenting, the State can continue a case or use these grounds, but the problem for CPS is that they illegally asserted a right to my child to begin with, and in doing so, slandered me to Canadians and interferred with my right as the legal guardian to live in peace and not be harrassed.

So I DO know the State MAY keep a child in their custody if they find addiction or abuse records later. But the problem for CPS right now, is that they still do not have anything and they have been MOTIVATED to CREATE parental issues, because if they didn't, they would have made a huge mistake that traumatized a child. So this is motive enough as to why the State would want to find me mentally ill or have poor visitation notes taken about me, because they NEEDED something to work with to justify what they did.

What they did, was illegal.

They illegally presented court papers to Canada when they had no right or jurisdiction to do so.

If the case had begun in Washington state and THEN I had gone to Canada, their case would be fine. But it's not okay because they screwed up in the very beginning and all actions taken after the fact were to cover their asses and shows bad faith and a deliberate attempt to obstruct justice just to be right.

If the jurisdiction is faulty from the beginning and starts off wrong, no matter WHAT happens later, the entire thing has to be thrown out.

You could have a case that is filed in federal court and it could have all the right elements even and then if it's discovered it was the wrong jurisdiction, the case has to be totally tossed away.

If you commit a crime in Mexico and are a U.S. citizen, you are under Mexico jurisdiction, not U.S. It doesn't matter if you are a U.S. citizen, you are still in Mexico and violated one of their laws. If a child is with you when you are arrested, that child can be held in their care or with their social services until an outcome is determined.

The U.S. does the same thing. The U.S. takes a child that is an "illegal" and puts them in CPS trust if the parent is in jail short term, outcome to be determined. The U.S. doesn't ship the child of illegal aliens all the way back to Mexico--the temporary custody remains in the U.S. and then the parent and child reuinted if possible.

My son was improperly given to the State of Washington and the State of Washington does not NOW and never DID have legal authority to take my child.

The dependency of Oliver Garrett should have commenced in Canada, not Washington State.

Knowing this, the State has actively worked against me, to try to fabricate and find some reason to make it look like I am unfit. They have had a solid motive to lie.

The State of Washington never had a right to file a Protective Order. My son was out of their jurisdiction and with his legal guardian whose domicile was then Canada.

The first family I stayed with just "held us" there to shelter us until the State of Washington tried to line up their legal strategy and they tried to figure out a way to fabricate grounds to arrest me. They were connected to Canadian Border Patrol and govt, and his sister was a Canadian Social Services worker.

When everyone thought they had things set up right, my son and I were told to leave and I had already told them we'd found a new place to live. They were shocked. God had provided for me and my son through a very kind Canadian man. He wasn't setting us up, he was giving us a chance.

The first family asked where my son and I were going so they could call police to have us tracked down. She said, "Where are you going?" and I said, "To the Walmart until we move into our new place" and she looked so guilty. She had been fidgety and acted guilty the whole night before too. She kept looking at my son's then-warped toenails and was thinking. They wouldn't have tried to kick us out unless they were working with the U.S. to have me out. I didn't want to fully believe it but I realized what the truth was when Michelle Erickson testified in this Termination Trial that the State of Washington had to "wait on some things" before trying to get my child. They had to wait on the fucking SET UP.

Collusion
collusion
collusion

Meanwhile, Nice-Canadian-Man-With-No-Strings-Attached (I don't think so), had a place for me and my son to go to, so we were fully legal, from one family one night to the next one the next night. Completely should have been protected with guest status.

If the State of Washington had not been defaming me as being paranoid schitzophrenic and on the run from a paternal interest. Even if I had been mentally ill, the State of Washington had no jurisdiction.

There was no diagnosis of mental illness. They provided Canada with nothing but hearsay and lies and defamation.

I was the legal guardian of my child and there was no verifiable documentation or diagnosis of any mental illness. If there had been concern about this, evaluations could have been done in Canada.

A woman had offered me a job to work for her as a nanny and said she could file for papers for me to be legal working person in Canada. Canada tried to say this offer was the evidence of attempting to be an immigrant. I had not worked one day for one person in Canada, nor was I ever paid to do so. I was offered a position contingent on appropriate papers. A discussion about working for someone lawfully, is not the same as working or trying to be an "immigrant". Guess what the woman did who tried to claim I was illegally trying to work?

She was a NURSE in a hospital with people from Washington State. At the Penticton hospital were medical professionals who worked both in WA state and BC. You want more? Guess what her HUSBAND did? He was a fucking RCMP. A Royal Canadian Mounty Police. Guess who told me to apply for the job or find out about it? The Border Patrol people my son and I were staying with while someone 'worked things out' with Washington State, to set me up.

All of this, was swept aside and due process and good representation too, on the whole idea that I was "paranoid schitzophrenic" and on the run from the father (all lies).

Now here's a question...

Are you assholes going to obey the law and return my son to me, or do you want to dig yourselves in deeper? And some of the Canadians are wondering what the hell is going on with the other Canadians.

That's what.

Collusion.

I think Oliver Garrett misses his mommy and wants to go home to her. I also think it is in "everyone's best interests" to think very carefully about potential repercusions of not returning my son.

I never did one fucking illegal thing in Canada. Not once. I was set up to have charges fabricated and I can prove it. I'd really rather not. I'd rather not name names either.

I'd just like to see my son returned to me like that Cuban kid was returned to his father.

3 comments:

Anonymous said...

CPS was investigating you prior to your leaving Canada, per your posts. Perhaps they told you not to leave the jd?

Mama said...

An investigation has nothing to do with court.

An investigation had been done 5 or 6 other times and the complaints were always "unfounded" with no substance and thrown out. It is not a court matter. This was another "investigation" of another false report and when there is zero court involvement, it is NOT a court matter.

No one told me not to leave. I had a right to go wherever I wanted to go. In fact, I called Olympia CPS firrst before I left and asked the question of if I could leave or go out of state or country and they seemed shocked and said of course, becaue I was the LEGAL GUARDIAN and that unless a protective order was filed or anything had been done in the courts, it was not a big deal.

Jurisdiction began in Canada baby.

Anonymous said...

weren't you arrested leving the country with your kid to go drug seeking while thier was an open cps investigation against you?