Sunday, January 15, 2012

Lack of Subject Matter Jurisdiction With Oliver

I think I have grounds to have the entire case thrown out.

Subject matter jurisdiction also relates to location at the time. The correct subject matter must be brought to the appropriate court at the time docs are filed.

The State of Washington lacked subject matter jurisdiction because we had left for Canada. They cannot start up an investigation, and claim to have a case, and then try to go across State or country lines, to bring up questions about custody or the parent.

It was Canada's jurisdiction. The thing is, no one in the U.S. even DOES this kind of thing to begin with--starts throwing an investigation together and tossing it across to another country. It's not done.

It was too late for The State of Washington.

If the subject matter is my mental state, and we were in B.C. and I had already announced request for political asylum, they should have filed it there.

They didn't have authority or jurisdiction to file anything in Washington State once I'd left and requested asylum.

The subject matter was political asylum.

There was nothing against me in WA with CPS. Nothing in the courts either. I was the only legal guardian.

It's obstruction of justice and not due process to attempt to subvert a political asylum request into a "child custody" case when we weren't even there.

Also, even if I had been arrested there, even though it was a wrong arrest, my son was not to be sent to the U.S. after I explictly made request for political asylum.
He was possibly not even bound as a citizen since he didn't have a social security number and I went out of my way to make sure of it. He only had a birth certificate showing he was born in a State that lost all subject matter jurisdiction when we left.

So subject matter that could have been proper in Superior Court, was not proper initiated outside of B.C. when we were there. That's sort of territorial and personal jurisdiction, but given the nature of why I was there, I think subject matter is also a possible problem.

It also shows retaliation by the State of Washington in filing anything against me after I had left the country and asked for P.A.

Also, as this involved the United States, it wasn't Superior Court jurisdiction. It had to be filed in the federal court because the United States was party to the entire thing. Like federal officers.

Really, it's more territorial, and that's how I can prove they tortured and harassed me and blocked me from visiting my son until I moved there. They needed me to move to Wenatchee to try to establish territory they never had. This is why they were so abusive.

And again it's more of a criminal case than civil because collusion between govt. officials is always criminal.

The United States was a party. They were a "John Doe" that tried to hide out.

This is why none of my public defenders would get anything from Canada when I asked them to, even though it had records of my son.

And just because a John Doe is unnamed doesn't mean it has to stay that way. You can include a John Doe into a complaint or proceeding at any time, if that party always existed and was party to the problem.

You just bring them in.

And show they were party from the start.

I think if it's established that they were always party and that the subject matter was really about political asylum and not child custody, the case for child custody can be thrown out as a subversive attempt to block an international process.

And just bc B.C. didn't follow the law either, or colluded to arrest me, doesn't waive my right to political asylum and to political asylum for my son, backdated to the original date of request, which was in the ER in Penticton.

It's maybe child custody if we were in the U.S. but since we were gone, the entire ordeal after follows political asylum

I asked first.


I beat them to the punch. I made my request for political asylum ahead of any documents were filed in WA. If someone possibly filed earlier, it was because someone at the women's shelter was a snitch but I don't think so. I think that I asked for political asylum first.

And even if I didn't tell anyone before the ER visit, that doesn't mean this isn't why we left.

The entire CPS thing followed on the heels of my request and they had no authority to take my son.

So I will have to enjoin the United States as a party to appeal, or to federal court.

Since they keep torturing me and haven't quit, I haven't been able to do this. They kept me out of money too, and college. Being tortured everyday makes it impossible to fight any legal battle. So it may come down to criminal conduct and the return of my son after people go to jail.

The Children's Bureau, in Washington D.C., is federal government. The Department of State is federal. HI GUYS! If any federal group was party to our removal from Canada when I asked for political asylum, in any way, they are party to this.


Treason cases.

How about when the U.S. commits treason against their own citizens?

Federal court hears cases about disputes between states. How about disputes between nations? cases involving TREATIES of the U.S.

Oh OOPS, forgot about the international treaties.

the constitutionality of a law;
cases involving the laws and treaties of the U.S.;
ambassadors and public ministers;
disputes between two or more states;
admiralty law; and
bankruptcy cases.

So basically, some group that has respect for the country should be investigating this, and we shouldn't be tortured. And I have every right to let it be known that I have been illegally obstructed from justice by obstruction of freedom of travel. Among other things.

International custody disputes are governed by international and federal law, not State superior courts. They didn't resolve their matter through proper channels by due process so I think there is lack of smatter jurisdiction. Like extradition? The custody of the child was not in dispute as WA already knew who had legal custody.

1 comment:

Anonymous said...

Once your child was returned to Washington by Canadian authorities, well, Washington has jurisdiction over the child and a welfare action can be filed. If you are in Canada illegally and of course it is Canada that makes that determination, then when you went to jail, Canadian authorities seemingly acted appropriately in contacting Washington to figure out what to do with your child. Your child had no ties to Canada other than a mom in jail. That's not enough to keep the child in Canada and the child needed to go back to Washington. I think you are barking up the wrong tree with subject matter jurisdiction. The courts aren't going to just go back and reset the clock. I hope that you are well. Take care.