Friday, January 6, 2012

Raised 1st Time On Appeal: Lack of Jurisdiction

I'm being tortured today. And I don't have much time, because of it's obstructed and interfered with everything.

I think the courts all lacked jurisdiction.

Douglas Country trial court never had jurisdiction because my son and I left the country. There was no investigation against me at the time I left and nothing in the courts. They had nothing. They did not have jurisdiction or a right to go after my son after we left. Which means it was never their jurisdiction. To arrest a mother and collude to do this, to get the child back to the U.S. does not then make it their jurisdiction. And I didn't go back to Wenatchee either. I stayed in Blaine.

It was never their jurisdiction. If I stayed and lived and worked in Blaine, that would have possibly been the new jurisdiction. Jurisdiction follows the guardian, not the child, and the legal guardian was in Canada. Then, the legal guardian was living in Blaine. Which is not Douglas County.

And since Douglas County had nothing in the courts prior to our departure, they should have transfered the case to Bellingham or Blaine area but they didn't. And since the case was never their jurisdiction to start with, it's also not the Court of Appeals jurisdiction.

It was Canada's jurisdiction, if there had been one.

And you don't just throw people from border to border and pick a jurisdiction regardless of where the person is living. Your jurisdiction must follow the location in which the indicent or alleged incident or legal process first occured.

No legal process occured in the United States of America before I left.

And then if they'd even wanted to say the jurisdiction was theirs later, they had to follow my location, because I was the person they were charging with neglect or a dependency issue, not my son. And I was still the legal guardian even if they had put out a temporary restraining order. I asked for Change of Venue and Judge Hotchkiss and his pal hid that motion.

Technically, the entire thing should be thrown out for lack of jurisdiction.

They wanted me to go back to Wenatchee to say I lived there. But I didn't. I had moved and my son moved with me--to Canada. There, I asked for political asylum which clearly shows I had moved and had no intention of returning to the U.S., therefore, our prior residence in Douglas county had nothing to do with it.

And CPS lied and said they had a pending investigation when they didn't.

I'm just now looking but I think there is a problem with almost all forms of jurisdiction: personal, territorial,and subject-matter.

There is a problem with personal jurisdiction for the U.S.
There is a problem with territorial jurisdiction as well.

And finally, where the subject matter was actually political asylum, there is a problem with trying to turn political asylum into a CPS matter.

Was I supposed to have my hearing for political asylum in Douglas Country with CPS and Judge Hotchkiss presiding?

There wasn't an investigation pending against me when I left to Canada. And I fully moved.

So it's a collusion case. Criminal collusion. And kidnapping. The criminal collusion was the "perversion of justice" by Canadian officials and "obstruction of justice" by U.S. officials to deprive me and my son of the right to have a hearing for political asylum. Then collusion to make a false arrest and collusion to conceal my attempt to secure political asylum with "illegal alien immigration" claims.

Once I was then back in the U.S., Douglas County had questionable territorial jurisdiction when they initiated the entire thing while I was legally in Canada. And as for personal jurisdiction, I didn't even move back to Wenatchee, because when I moved, I had moved for good.

I do not want to live in the United States and I do not want my son living here either.

This entire thing has been nothing more than an attempt to cover for government criminal conspiracy and then continue to torture me and my son. When the U.S. failed in their duties to investigate religious hate crime and subsequent torture and refusal of medical treatment for emergencies, we had sufficient grounds to apply for political asylum.

Any action taken after this point of my departure and application for asylum, is gross obstruction of justice and kidnapping of a minor. A "kidnapping" which could not have occured if certain B.C. and U.S. officials had not colluded to commit crimes.

How does one convert subject matter of political asylum into a CPS case?

I might ask.

What an incredible conversion. A little more than "You say potato and I say pahtahto"

Canada violated their international treaty and signatures on their treatment of refugees and applicants for political asylum and the U.S. crossed the line.

Lets call the whole thing off.

Maybe this is why the U.S. refuses to investigate anything and continues to allow torture. Maybe it's why they tortured my son and kept him from me too. What are they going to do? admit they're guilty of criminal conspiracy to deprive me of a claim of political asylum?

An entire case may be dismissed for lack of personal jurisdiction, and may be dismissed for lack of territorial jurisdiction and absolutely must be dismissed for lack of subject-matter jurisdiction.

My son and I do not want to live in the United States OR Canada after what they've done to us. We are leaving.


Anonymous said...

Seems like jurisdiction won't help you because your child apparently was not a citizen of Canada when you were detained there and Washington State was the proper venue to sort out issues regarding your son? I don't think a court will find lack of jurisdiction? I think your best bet is the appeal to the court case that did away with your parent rights to your son. If you lose that appeal then it is probably a final thing, which is sad for you but may be the best thing for your son. Take care.

Mama said...

nope. 3 kinds of jurisdiction and that's besides violation of law against attainders. there's subject matter, personal, and territorial jurisdiction. all are different and have nothing to do with where someone is a citizen, esp. not when there was no pending investigation and they had left the country with no plan to return. It is also against the law to punish a parent and child by forcing forfeiture of that child and colluding to commit an arrest.

A "too-late" protective order, filed when they didn't have jurisdiction or cause and there was no contact with the state, to seize a child from parent upon hearing they've declared political asylum, amounts to a method for punishing parent without trial.

Hmmm. what happened to my political asylum trial anyway?

Did I get one?

Oh yeah. My son was kidnapped from me after I made my request, thereby making it impossible to have a hearing.

The child goes with the legal guardian, not the country.

Mama said...

by the way, there was nothing to sort out.

I left because we were being tortured, not because of a CPS investigation. There was no warrant, no investigation, and nothing keeping me from leaving. Once I declared political asylum, that was done and we should have been given trial. Collusion to falsely arrest me and claim I wasn't asking for political asylum is crimes the U.S.and Canada are guilty of and my son has who to thank? as for civil matters, or accusing me of crimes without trial, the U.S. had no personal jurisdiction, territorial jurisdiction, and venue isn't the issue, jurisdiction is. They didn't even have subject matter jurisdiction and if not, it means the case is thrown out. The case can be easily thrown out with personal and territorial problems, but with subject matter, it's automatic. And "...there shall be no bill of attainder..." is also specific and something I could claim, but I've only had a day or two here on random occasions to even research or look things up because the U.S. continued to allow deprivation of housing, companionship of my son, deprivation of unemployment monies, and targeted me with further false arrests and defamation, injected me with drugs, medicated me, allowed enemies to assault me and degrade me, used me for research, forced me to work for them, and literally tortured me.

Which is why it's pointless to ask for habeus corpus from the U.S. they'll just lie some more. Are they going to repent?

Will the United States repent for what they've done to us, are doing now and allowing?

If they are willing to repent, maybe we won't ...hmm...

No, I'm not prepared to go to court because this country and others blocked me from having any resources or the capacity to defend myself or my son.