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A blog about Kern County.
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child abduction
ATTENTION
NOTICE OF CHILD ABDUCTION
I am a single father. I raised my children from birth. Their mother has a history of physical abuse. I was taken to court for child custody, because their mother was jobless, about to lose her apartment, and needed welfare. I was not served papers, "Due Process” still to this day there is no proof of service.
California state law reads as follows:
California forms of pleading and practice – copyright 2006, Lexis Nexis Group – vol. 2, chapter 12 A, page 24, 12A. 71 – citation [1] To custodian – on the filing of the petition a citation must be served on any person having the custody and control of the minor or on the person whom the minor is with [family code 7880 (a) (or does this civil law not apply to me?).
The judge committed “fraud” against me. The judge used another man’s drug arrest and convictions against me to take my children. The D.O.B. and S.S.I.#. did not match, but used as evidence just the same ( that is in the transcripts). I told the judge “ the court must give me equal protection of the law’. The judge said, “you will not get equal protection of the law in this courtroom” (also in the transcripts).
California state law reads as follows:
Also in chapter 12A, page 12, 12A.34 [7] constitutional limitations [a] Due process and equal protection – The right to rear one’s own biological children extends to all parents and is within the protection of the federal Due Process and equal protection clause, absent a powerful, countervailing state interest (or does that civil law not apply to me?).
You would think, or rather hope and pray that evidence and proof would be used, and that the court would not conduct itself like that of the old witch hunting days. The judge ( not my ex) did accuse me of many things, but showed no proof and no evidence to anything, except, another man’s convictions.
California state law reads as follows:
Also in chapter 12A, page 7, 12A. 15, [7] Standard of proof – proof by clear and convincing evidence is required by statute in a proceeding to free a child from parental custody and control under family code 7800 et seq [ family code 7821]. (or does that statute not apply to me?).
Also within chapter 12A.15 page 3, [1] – Drastic remedy – parenting is a fundamental right, and accordingly, is disturbed in extreme cases of person's acting in a fashion incompatible with parent hood, thus, the involuntary termination of the parent – child relationship by state action must be viewed as a drastic remedy that should be resorted to only in extreme cases (would you say an incompetent judge committing “fraud”, drastic remedy? Or a “hate” crime? Or does that statute not apply to me?).
I could see that everything was wrong. So, I asked the judge to step down. The judge refused, and made a ruling on the case. I filed a complaint with the California judicial commission, and the judge was removed from the case.
California state law reads as follows:
California forms of pleadings and practice – copyright 2007, Lexis Nexis Group – vol. 27, chapter 317, Judge’s, page 10, 317.34, Orders rendered by judge after disqualification void. [1] In general – disqualified judge has no power to act in any proceeding after his or her disqualification or after the filing of a statement of disqualification until the question of disqualification has been determined. [code civ. Proc. 170.4 (a)] orders made by judge, after disqualification are void. (according to state law. I still have custody of my children, or does that statute not apply to me?). (Yes that is in the transcripts)
When the judge who removed my children from my home and care, without legal cause was removed from the case by the California judicial commission, the case got a new judge. I filed a motion, and said to the new judge, “your honor, the judge before you had no legal grounds to take my children from my home and care.” The judge said, “I know Mr. West, but I can’t do anything about that.” (the judge admitted to “child abduction” when he said he knows the judge prior had no legal grounds to take my children). (Yes that is in the transcripts).
The case now has had three judges, and not one of them can tell me “why” my children have been taken from my home and care. When the third judge was appointed to the case I filed a motion called “child abduction by the court”. The judge admitted to not knowing why my children have been taken. The judge also said that he will not talk to me about the laws in regards to the wrongful taking of my children. He also said that he is depriving me of my right to be heard in the courtroom. He said I can no longer file motions in a Kern County Court in regards to child custody, because I want to know why my children have been taken from my home and care, and he feels under pressure, backed into the corner, when he can’t explain to me why my children were taken from my home and care, so he deprives me my state and federal constitutional right to be heard in a court of law. The judge now holds my children for hostage demands, and ordered me to participate in a third party investigation to determine who the children should be with.
The original judge who took my children from my home and care without legal cause sent me an e-mail. In the e-mal the judge said, I could have gotten my children back if I submitted to the hostage demands (why did they take my children away?). The judge also mentions about (one) (a) positive drug test that I volunteered for because I didn’t do drugs. I had witnesses to the person who drugged me, but the judge would not let them speak. Also the court can not take children from the home on only one drug test. SB 384 Haynes (R) – chaptered (1996) reads the court must show habitual or continual use of drugs, and one test can not show habitual or continual use.
Also in the e-mail the judge talks about how whimsical she is. One month she said I could back to the state of the children's birth and restart my business. $2500 a week, and live with the parent that raised them from birth. 30 days later she thinks its best if the children stay in California with the mother who the children have protection orders for abuse against.
The judge ends the e-mail with, I’ve never claimed to know the law, I made the order I thought was best (the judge made the order based on what she thinks not based on law!). the judges last words are, “there’s nothing I can do now, nothing.”
There’s nothing she can do now because she was removed for the wrongful taking “child abduction” of my children.
A copy of said e-mail can be viewed upon request. The only obligation of the court is to return the wrongfully taken “abducted” children.
May I please say this, before I close? West’s Key Number Digest, judges, 38, page 47, 53, in general – a judge made be held criminally liable for depriving a person his or her civil rights. [FN] Dennis vs. Sparks, 449 vs. 24, 101, S CT 183, 66 L, ed. 2nd 185 (1980)(or does that statute not apply to me and my children?”
Therefore, why wasn’t I served in accordance with law? Also why was another man’s convictions used against me by the judge? Can you tell me why I was deprived the right to have witnesses? Why don’t I deserve equal protection of the law? Please tell me this, once the judge was disqualified for wrong doing, then why wasn’t in accordance with law her decision nullified? Can you help my now ill gotten children? Why is it that no attorney will help us unless I drop $70,000 on the table? So the only way I can get equal protection of the law is to pay for it?
This myriad of questions will remain until a courageous attorney comes forward to help my family. Are you that person. I pray and hope so.
Thank you for your time, if you know anyone else who has had their children taken away by Kern County Courts by an odd or unlawful manner, or would like to talk to us about this case of child abduction or if you are an attorney and you can do something about the corrupt Kern County Law System name your percent. We want our children not the money. Send letters of interest to:
Help Bring The Children Home
A child abduction awareness foundation
310 Baker St.
Bakersfield, CA
93305
Once again, thank you good citizens of KernCounty, and if you can help financially, even small amounts help. Make checks payable to “Help Bring The Children Home”. Thank you
HELP BRING THE CHILDREN HOME
EMAIL - abductedandmissing@yahoo.com
4 comments from 4 users
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posted by
witterpitters
on Oct 7, 2008 at 07:51 PM
I'm so sorry you are having to deal with this, I still think the courts are not fair at all with men in regard to children. I'm not an attorney so I can't help, sorry. I can keep you and your family in my thoughts and hope an attorney will come forward to assist you. Back in 1956, my mother and I (I was 11 years old) went to Canada to visit family. My step dad and step siblings were here. A week into our trip my step dad call my mother and says, why don't you and your daughter just stay there in Canada - I have my kids, I've turned off all the utilities, bye bye. Of course we immediately came back home and it took my mother 3 years to find her children. The law/courts/attorneys would not help. They said he had the "legal" right to take them as he was their dad. She did eventually get them back, but the emotional damage had been done. When my husband divorced his first wife he never thought to have it put in the papers that she could not take them out of state. After he and I married, it ticked her off, she packed up in the middle of the night and left for North Carolina - we didn't know for days where they were. We called the child support division and were told, you are not paying for visitation you are paying support, tough. When his ex got to NC, she went straight to the welfare office and claimed my husband had never paid support, had left her destitute, blah blah,blah. There was a warrant out for my husbands arrest for non support. Fortunately, we had kept ALL the receipts from not only paying support but groceries, clothes etc. She was getting welfare and food stamps but she didn't manage it very well. What really galled us was all the papers she signed in NC were in front of judge and under penalty of perjury. The NC courts did zip, zero & nada. We were told here that if we wanted to press charges, we would have to hire an attorney in NC to pursue it!!!! Good Luck.
posted by
ActaNonVerba
on Oct 9, 2008 at 06:00 PM
Couldn't you find a bigger font? I would venture to guess there's more to this story than we're being told. A hell of a lot more. What "Abducted" claims is a violation of his civil rights and what the law says is a violation are more than likely two very different things. A first-year law student could tear his argument to shreds. It might have helped "Abducted's" case if he had been responsible enough to get married before having children.
posted by
middlepath
on Oct 9, 2008 at 08:47 PM
ANV... A few problems. First, if the arguments, which appear well researched, can be easily torn to shreds, then why not share with us the legal objections, as opposed to unsupported speculation. Second, the commentary regarding marriage before having children is irrelevant to the legal issue of parenthood (ask any unmarried father if he has to pay child support or not--plenty of "yes" out there)! You may feel suspicious, but tht is natural, since we often have a significant trust in the system. But the system does fail. Could it be possible, at all, that the system failed in this case? It will be interesting to see how this resolves. posted by
TonyAA
on Oct 9, 2008 at 11:49 PM
Anybody that trusts the system is a fool and most of the judges aren't worth spit. He should have took his kids and left the state before the court got it's hooks into him. The very worst thing anybody can do anywhere in this state is let the bureaucracy get involved in their business.
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