The Cliff Notes version - court case and supreme court ruling

[lizziegrace]

------- EVENT LISTING --------

11/15/2006 Majority Opinion Rendered
ACTION = Affirmed
Opinion Date - 11/15/06 Consist of 0 pages,
Cite Number - Publish - yes
Justice-- WRITING
Justices, JJ., agree.

11/15/2006 Opinion Panel
Justice -- WRITING


My sister is the appellant.


I don't recall that the original court case involved the issue of jurisdiction and my sister's attorney appealed on the basis that this county in a southern state has no jurisdiction in the case, as my sister has lived overseas for more than 1/2 the childrens' lives and it is a hardship to expect her and all witnesses to come to the states to testify.

The judge ruled in her favor (original hearing) on the issue of custody.


This is where the confusion lies. If the appeal is based on jurisdiction and the original decision didn't address jurisdiction, what does this mean?

[taterguy]

1. delete

[lizziegrace]

2. edited to remove details n/t

[Deep13]

3. She lost.

"affirmed" means the court of appeals agrees with the trial court. Since she is the appellant, she was challenging the trial court's order.

[lizziegrace]

5. Hague treaties and international law mean nothing then

Thanks for your input.

[Hosnon]

7. Not nothing...depends on the situation. Too bad you deleted the post:( nt

[lizziegrace]

8. I'll PM it to you

[BikeWriter]

11. delete

[Deep13]

14. No, not in domestic courts.

Mostly those are agreements and law among nations, not individuals. (By "domestic" I mean American civilian courts, not necessarily divorce courts.)

[lizziegrace]

16. Her London attorney is telling her

that the US courts have no jurisdiction. London tells her to ignore the rulings here in the states and the judge in the southern state she lived keeps ruling.

[Deep13]

18. Don't know what to say about that.

Possession is 9/10 of the law, as they say. I suspect that where ever the kiddoes are, that jurisdiction will have the final practical say.

[lizziegrace]

20. It's the felony bench warrant

that's out now because she couldn't appear. It's the fact that *if* the county had money, this judge (and he's the only circuit judge in the county) would have her extradited.

[lizziegrace]

4. I don't know what the original ruling was

her attorney was asking the supreme court to rule on jurisdiction.

Sorry, but I felt it was best to delete the original post.

[asthmaticeog]

6. KICK!

:kick:

[BikeWriter]

9. Yes! This had to be exposed!

[datasuspect]

10. why do you hate america?

[BikeWriter]

12. This is HUGH! I'm series!!!!!!111

[datasuspect]

13. two words: the french

nuff said.

[BikeWriter]

25. You got that right in spades!

[Deep13]

15. The upper court agrees with the lower court's view of it.

If the lower court thought jurisdiction was a non-issue, then the appellate court agrees with that.

[lizziegrace]

17. I won't ever see her again

unless I go overseas. I can't begin to tell you how bad this is and how much it's hurt my family and those kids. It's been $70,000 in attorney fees so far.

There's a felony warrant out because she was not served (and as a result didn't appear) and even if she was, she doesn't have the means to come here. The judge refused to allow written or taped depositions.

Damn. Oh god...

[Deep13]

19. Holy shit! Whoever lost, the lawyers won.

Sorry for your situation.

[lizziegrace]

21. Thanks

all this because her ex was lying about when the kids were in the states and short-paying the child support. He threw in that they were abused because someone told him it would help his case. It's exploded exponentially and now my sister's got a felony warrant out and cannot come back into the states. He never wanted these kids. He signed away custody 3 times. The judge ruled against him on the custody and abuse charges in the original case.

Damn.

[CaliforniaPeggy]

22. I am horrified, my dear lizziegrace......

This is a continuing nightmare...........

Wish I could do something, anything...

:hug:

[lizziegrace]

23. Me too.

A part of me is dying.

[CaliforniaPeggy]

24. .....

:cry: :hug:

[miss_american_pie]

26. I'm sorry lizziegrace

:hug:

[lizziegrace]

27. I am too

This whole thing has nearly cost my parents their sanity. And I really miss my sister and the kids. :(