NetNews Usenet Archive 1992 #27/NN_1992_27.iso/spool/alt/dadsrig/2656

Text File | 1992-11-20 | 7.5 KB | 172 lines

Newsgroups: alt.dads-rights
Path: sparky!uunet!stanford.edu!kronos.arc.nasa.gov!iscnvx!news
From: [e-mail]
Subject: Re: NCP Rights
Message-ID: <[e-mail]>
Sender: [e-mail] (News)
Organization: Lockheed Missiles & Space Company, Inc.
Date: Fri, 20 Nov 92 18:32:16 GMT
Lines: 161

I left the following intact because I, too, thought it important.

I found this posted to alt.missing-kids.  I think that this has some
merit to our work!!  I am including most of the original header to
give credit to those who did the work:

>Newsgroups: alt.missing-kids
>From: [e-mail]
>Subject: Follow-up to "RIGHTS of the Non-Custodial Parent"
>Message-ID: <[e-mail]>
>Organization: Netcom - Online Communication Services  (408 241-9760 guest)
>Date: Fri, 20 Nov 1992 07:08:30 GMT
>Lines: 115
>
>
>Posted by:
>Child Quest International
>A non-profit organization,
>devoted to the protection
>and recovery of missing,
>abused, and exploited children.
>[phone]
>SIGHTINGS ONLY:  1-800-248-8020
>
>
>The following information was obtained from the National
>Center for Missing and Exploited Children...
>
>"There is no reason for noncustodial parents to resort to parental kidnapping
>as a menas of carrying on a relationship with their children.  The
>legal system is available to noncustodial parents to protect and to
>enforce their rights.  Noncustodial parents have legal rights and remedies
>when their visitation rights are denied, limited, or otherwise interfered
>with by the custodial parent.
>
>Following are rights of the noncustodial parents:
>
>1.  Visitation rights are enforceable under both the Uniform Child Custody
>and Jurisdiction Act and the Parental Kidnapping Prevnetion Act.  If the
>custodial parent refuses to allow the noncustodial parent to visit the child,
>the noncustodial parent can petition the court for enforcement of the decree.
>
>2.  Where there is a history of interference with visitation rights by the
>noncustodial parent, a noncustodial parent can consider requesting the court
>to order the custodial parent to post a bond... to ensure that hte visits
>occur. Be aware, however, that the custodial parent may respond by making a
> similar request.
>
>3.  The noncustodial parent can request the court to include a provision
>in the custody order that requires that both parents keep each other
>informed of the current address and telephone number at which the child
>can be reached.
>
>4.  The noncustodial parent can request the court to include a provision in the
>custody order requiring the custodial parent to notify the noncustodial parent
>at least a month before any proposed move out of state or out of the country
>or to obtain permission from a judge before moving out of state or out of
>the country.
>
>5.  If the court order prohibits the custodial parent from leaving the
>country without the court's consent, the noncustodial parent can write to the
>Office of Passport Services at the U.S. Department of State to request that
>the passport application for the child made by the custodial parent be
>denied...
>
>6.  The Hague Convention on the Civil Aspects of International Child Abduction
>fosters the exercise of visitation rights across international borders...
>
>7.  If the custodial parent has disappeared with the child, some states
>permit the noncustodial parent to initiate a missing persons investigation
>by the local police.  Do so by filing a missing persons report...You may need
>to examine your state's definition of missing child...to determine
>whether noncustodial parents are entitled to file missing persons reports....
>
>8.  A few states will enter the child's description in the NCIC Missing
>Person File at the request of a noncustodial parent when the custodial
>parent has disappeared with the child... Again, you may have to
>examine your state's definition of missing child to find out if this
>protection can be extended to you....
>
>9.  The criminal custodial interference laws of several states also
>protect the noncustodial parent against interference with his or her
>visitation rights.  These states include California, the District of
>Columbia, Iowa (misdemeanor only), Michigan, Minnesota, Nevada,
>South Dakota, West Virginia, and Wisconsin.
>
>10.  If your state law permits, clearinghouses may aso provide their
>services to noncustodial parents seeking to locate their missing child and
>enforce their visitation rights....
>
>11.  Some missing child organizations and several advocacy groups offer
>their services to noncustodial parents seeking to locate the child and
>enforce their visitation rights. .....
>
>12.  The Federal Parent Locator Service (FPLS) is available to help
>noncustodial parents as well as custodial parents...
>
>13.  Unless restricted by court order, noncustodial parents have the
>same rights as custodial parents under the Family Educational Rights
>and Privacy Act, Title 20, beginning at U.S. Code Section 1232g....
>
>14.  All books and brochures published by the National Center for
>Missing and Exploited Children are available to noncustodial parents...
>
>....
>
>There may be grounds for the *original* court to modify its custody
>decree to award the noncustodial parent custody - even after the
>child has been abducted.  This is far from automatic, however.  It is
>difficult to modify custody and typically requires evidence of a major
>and significant change in circumstances that makes it in the child's
>best interests to change custody. State law requirements vary. ...
>
>The non-custodial parent may be able to sue and collect money damages
>from the custodial parent for violating visitation rights.  There
>are cases that support this.  .....
>
>___________________________________________________________________________

>If you are searching for your missing child, please contact Child
>Quest International for Help!!!!
>Call [phone]
>
>If you know of a missing, abused, or abducted child, please contact
>Child Quest's 24-hour sighting line at 1-800-248-8020
>
>Keeping Hope Alive through Education,
>Child Quest International

I know that some of this is useful and some is not.  But this could
get some ideas forming for those who are have CP problems about
visitation.  I DO NOT ABDICATE NCP KIDNAPPING As A sOLUTION, fEDERAL
LAWs WILL NOT PROTECT YOU THIs CAsE AND WILL ONLY MAKE IT HARDER fOR
THE REsT Of Us.

Work within the law, if you don't like it, change it!!!

Mark Witherspoon ([e-mail])


--
##############################################################################
Sent by: Mark Witherspoon            # The opinions expressed here are of my #
Reply to: [e-mail]   # own, not of my employer...            #
##############################################################################
End quote.

My son was retained illegally in Bulgaria (He was sent there with my consent
and approval prior to my divorce, but when the time came for him to come
home...) His maternal grandmother hid out, and concealed him successfully
for less than three weeks.

Voice of experience:  Utilize to the fullest the court and legal avenues
provided by the foreign country.  Bulgaria is not even a party to the
Hague Convention mentioned, and I did not have so much as a notarized
and appropriately certificated copy of my (California) joint custody
decree -- just a FAX.  When the police got my boy in front of the Family
court judge,  the hearing lasted only about two hours.  We were on the
way home the next day :-) !!

Al Moore