AngelFury <AngelFury@kansas.net> wrote:
Thank you honey… I reply in blue….
From: S M
Subject: New Mandamus for eval and visitation
Follow Up Flag: Follow up
Flag Status: Red
They broke all their deals with you... what creeps. And that website was your best
ammunition, too. Although, I understand taking it down... 'anything to see your kid'. The
judge isn't afraid of anything but that website, though. Yes it now only shows the national
– not the local „closest‟ of the judiciary here-
File a petition for Writ of Mandamum for the judge to comply with what he has not put in
writing, so far; that he put in writing/order:
1) There shall be an evaluation conducted by xyz agency, by 11/xx/2006, for purposes of
(satisfying the court ...what a joke, nothing you do will satisfy the court <my sarcasm>);
2) That visitation shall be unsupervised as of 11/xx/2006 between mother and minor
child, xxxx, from Friday at 5 pm to (overnights) Sunday at 7 pm.
The mandamus is 'supposed' to undo the deadlock or impasse (supposed to). But, none of
what we go through is supposed to happen. Perhaps, a NY Motion would confuse the
judge <grin> Perhaps, a motion from each of the 50 states would make him toss up his
hands and give him your daughter. But, alas you can see, I've been studying much too
hard & sleep deprivation is setting in :-)
Let me dig out a few forensic contacts and forward to you.
New York State
From: S M
Subject: My random thoughts/input on visitation/evaluation
Do you need a forensic eval from your state? Can you obtain one from 'anywhere',
Maybe if it were “God‟ himself….evaluating me…<sarcasm>
such as any State or any forensic evaluator and can you afford this? No…
Have no money..100% SSA disability…[ironically from all the broken bones inflicted by
dad] … dad has attacked even that..I am now left with 500 a month.. Not enough to
survive. That is another „hold‟ on Rikki..
…as dad was able to show that I do not have to provide any housing for Rikki..even on
visits.. Although I pay over 200$ a month to safe visit for my supervised visits..
Let me think who is 'free' (I like excellent and free in this case).
At this point I have been through EVERY forensic in this region even nationally-…every
MHP..12 years and lots of conflict of interest. The judge seems intent on me NOT
obtaining any type of Eval. When this original Order came down in April..2006--well
FSGC does NOT do them…I played hell finding ANYONE that could do this.. that has
not in one way or another been associated with the case… it took literally 4 mos. To find
a eval…NOT psych.. but I found some one to assess my threat to self or others..
Judge ignored it and hence the last Order ….again Ordering me to FSGC.
Isn't asking you to shut your website down a violation of your free speech ? (like duh?
but won't we do anything for our kids and they know this). **Seems an appeal (not now,
but maybe soon) to federal distict court is in order (save it for when you finally get to
district court). You are stacking up the constitutional violations... this is good because
you need to get away from this court/judge and maybe this is necessary to get your
daughter back. [Federal] District Court will hear a constitutional violation or two;
however, when a case is egregious enough, the district court may hear and settle all the
issues before it (this would be nice in your case). I will reply more later on this… at last
two state appeals 97 and 99 and petition 4 review in state supreme Court..99..it was
called a „choice‟….
When it comes to minor children the presiding Judge has COMPLETE judicial
discretionary. I attempted Federal on my own civil rights while I was in hiding in MO. A
year and a half ago…KS refused to protect.. me--- MO gave me a FOP…after the ‘hired
assault’ that left me with both arms broken--
I dropped this however when I moved back to KS… to get OUT of supervised
visits…another ‘deal’ …broken- … yeah… they are good…at those.
Still here..in supervised…and with out my bullet proof FOP from another State…
You 'have done everything possible to comply' [without an order] to get the evaluation;
now I'm thinking that you could prepare/serve an 'Order to Show Cause' for Judicial
Order to XYZ Agency to Conduct Evaluation. The hearing has to be in a set amount of
days of the OSC (which is served on all parties). Just prepare the OSC for the judges
signature and he can sign and send back (w/o hearing... just give you an order for
evaluation) OR a hearing date.
Ok….this is civil court.. and this is Shawnee county and my case… no rules
exit..here…literally…I should have had a hearing 15 days by the law.. when served the
ex-parte’ order 3 years ago to place me back in supervised… The current order I am still
trying to get out of now..and still to this date have never had an evidentiary hearing
to..even allow this… *&&^^%$
If the judge doesn't issue the Order at the hearing or denies the Order, ask him (on the
record, at this OSC hearing), 'would you please stamp my motion denied, at this
time so I may appeal' ... and you go DIRECT TO APPEAL. This is actually good,
because you get out up and out of the lower level court of no satisfaction. If denies
your OSC and refuses to stamp it denied upon your request on the record, get the
transcript, immediately, and use that to appeal, immediately.
**We have been VERY successful with OSC's (like this) and asking for 'stamped
denials' on the record, with stubborn judges and stagnant cases (jump-starting or
breathing life into stale cases that were going no where), in cases like yours in various
jurisdictions throughout NYS (mostly Suffolk and Orange County, NY). And, yes, we do
go direct to Appellate and file the appeal, that day... the family/juvie judges are not used
to this. BUT, I'm in NY and you are not... all State's are very different and ALL cases are
very different. So, please be careful, this is like playing with fire. Yeah… I have been in
the pits of hell for awhile…
Love the smell of sulfur..hehehehe..
I am a safe pyro…as safe as I can be.. any how…ty.
Another: Habeas Corpus The appellate route for the HC is direct to the federal district
court (denied OR ignored).sigh….yes again- Have not been charged… I am not in
jail…atm---.. it all lays with the judge …”the best interest of the child‟..or in this case…
How do we get rid of mom..??
I know that there are further powers.. on my own constitutional…
I am only stating ..what the local Judges here have been granted authority.. And keep in
mind.. I am the ONLY case…
like this… here.. I a ..an’ exception’ to all laws all rules… all CRAP… But this.. is where
it is at the moment…
For termination.. of rights.. At which point is no longer civil…a few other laws apply…
different jurisdiction… same state… but…then they WILL CLOSE all these records- from
the public-[which is what they want—to hide what they have done..]
Habeas Corpus: Order for Judicial Evaluation (Although in NY for ease, let's call these
Mandamus...ordering the higher court to order the lower court to 'do its job'). In NY, our
higher court (to family/juvie) is Supreme Court. Our Supreme Court is not our 'high
court'; our system is a bit 'upside down' to the rest of the States. (Where in Kansas would
you file a Mandamus (or whatever it is called) for the family/juvie court?
Habeas Corpus or OSC: Unsupervised Visitation (careful, dont' want to lose the ground
you have gained) Ground…hahaha… Joke..???
Yeah well the judge again… by the laws and guidelines with the new 2006 supervised
visit access network…can order any one to have ‘Parenting time” at safe visit… there
are no rules, really no set guidelines.. no set time limits..
In late 2004- PhD…Court appointed-Co parenting …
He stated in his report that although I am NOT nr have ever been alleged to be a danger
to my child….
That because I had a order of protection… only supervised visits… could ‘handle’ the
situation…if dad should ‘assault’ me again- Rikki would not be hurt.
I was denied in 2005, the ‘deal’ of my FOP being transferred from MO to KS…so I no
longer have that …to use against.. but that is not the point any how…
I don't know what you have tried; just know you have tried a lot and have tons courage.
Only everything-- ty… I am far from quitting…just so many years of so much stuff…
I'll be home this afternoon for a bit then have class tonight. Gone all day Wednesday, off
Thursday afternoon and all day Friday.
I very much appreciate…all your insight and advice… hon…
New York State