2010.06.28 - Kyron's Dad files for divorce and restraining order

[carole]

The restraining order thing is HUGE IMO. Judges don't grant RO's without good cause. The only good cause I can think of at this point for TM to be kept away from her child is that the courts have a good reason to think she might be a danger to the baby or KH himself. Or to make sure they are out of the way in case the arrest gets messy.

Or TH decides to use the baby as a hostage. MOO.

 

[rosiebean]

I've been wondering if his glasses were found in one of the truck searches and Terri failed an LDT on whether or not he had his glasses on when she last saw him.

I have wondered this myself...there was an emphasis on the glasses, IMO, when LE released the photo of Kyron with his glasses photoshopped off. I would not be surprised if they DID find them in a place that only SM had access to on the 4th. Reading between the lines, something, IMO, beyond cell phone pings seems to have focused their attention on her...IMO.

 

[butterfly1978]

I was reading the other thread about the statement that was released by the Kaine, Desiree and Tony and have yet to read this thread yet, but AND THIS IS PURE SPECULATION, what if during the course of the iinvestigation it was revealed that the reason Terri had lied about where she went after she left the school was because she was having an affair, and it that was the reason for the second poly, maybe this person lives on SI, and now Kaine doesnt know what to beleive, maybe this is why they were searching SI and for the divorce and restraining order.
While I have beleived from day one that SM is involved in Kyron's disappearance, I have been wrong before and if I am wrong than this could be an explanation if she didnt do anything to Kyron. I try to look at things from several diffrent perspectives, so forgive me if I am confusing. However this is just my opinion and should not be used as fact or to start a rumer just a thought.

 

[BeanE]

Kyron’s father files for divorce, gets restraining order

PORTLAND, Ore. - The father of missing Skyline School second-grader Kyron Horman has filed for divorce from his wife Terri Moulton Horman and was granted a restraining order against her, a source confirmed to KATU News Monday night.

The source also confirmed that Kaine Horman has moved out of the family’s house.

The source said the restraining order is a physical restraining order that is meant to protect the couple’s daughter, (name removed).

http://www.katu.com/news/97360254.html

 

[AutomaticAuttie]

Filing a restraining order when filing for divorce is common when a spouse is abusive of the other spouse and/ or children in the home. In cases of child abuse/and or neglect on the part of one spouse, the other spouse is very often encouraged to file for divorce,file a RO,and leave the home with the children. It is usually DSHS policy to advise these things.

All JMO

When domestic abuse is involved you do not get a RO, but instead you fill/get a protective order. I would say that it is more common then not to file a RO, at first during a divorce, which is then dropped pretty soon after the ball is rolling. However, in this case I would think he had this RO put in place to insure that the mother would not be allowed to see the child until appearing before a judge. And even after that the judge may rule in his favor to keep her away from the child.

 

[gwenabob]

Where is gwenabob (sp?)...cleared by Tricia as a local and as a lawyer - we need you for so many questions, where are you? :blowkiss: moo

Not a lawyer--a paralegal and I cannot give legal advice, nor interpret the law. But I can perhaps clear some things up about how things work in the Oregon Courts.

 

[sofia76]

While it may well turn out that SM is responsible for Kyron's disappearance, I would not assume that to be a certainty just based on recent developments.

I remember years ago reading that a large percentage of parents divorce after the death of a child - and that was referring to an accidental death of even an adult child. I would assume that the percentage of folks who split up after a child's disappearance would be as high or higher - especially in a case where one parent was the last to see the child and had suspicions hanging over them.

Whether the SM was involved or not, there has to be a ton of stress and finger pointing in that house...

BBM. Yes, but it's not usually within weeks of the child disappearing, without even knowing whether the child is dead or alive or anything!

 

[carole]

Question for anyone - wouldn't you have to have darn good reason legally to not only get a restraining order, but to TAKE HER CHILD FROM HER? Otherwise lots of parents would grab the chld and get a restraining order after a fight or for revenge. To me the huge and shocking thing is he took her daughter! I would die if my S.O. took my child and got a restraining order for whatever reason. Any thoughts on this? Isn't that kind of rare for a dad to take a baby from mom and get a restraining order just like that?

Also, I think maybe they were headed towards divorce before Kyron went missing. IF Terri has something to do with Kyron's disappearance, I think a motive might have been more revenge or getting back at him for threatening to leave her (speculation! JMO). If this is the case, maybe she has said lately if he leaves now he'll be sorry as far as his daughter is concerned. Thoughts?

The baby daughter is also Kaine's daughter. He has every right to take her with him when he moved out.

 

[cluciano63]

I too am concerned about the fact that Kaine has indicated that focus should be only on Kyron and then files for divorce, which creates tons of interest in that and in Terri and kind of leaves Kyron's whereabouts behind. What could have been so dangerous that he could not wait to file, I wonder? I just don't get any of this.

 

[lunadelocke]

Also, I think maybe they were headed towards divorce before Kyron went missing. IF Terri has something to do with Kyron's disappearance, I think a motive might have been more revenge or getting back at him for threatening to leave her (speculation! JMO). If this is the case, maybe she has said lately if he leaves now he'll be sorry as far as his daughter is concerned. Thoughts?

Myself and someone else already posted this about 5 pages back!

 

[jessigirl]

[QUOTE=Jack;5343067]If you have a child and were married you would have every right to get up,
put your child in the car and leave. If your spouse did not agree with it he/she could go to court and have a judge decide whos custody the child should be in.

~Respectfully snipped~

Above BBM. I guess this fact may vary from state to state but here in TN it goes just as you stated above BBM. And I'll add this to your statement... Not only can a spouse get up, put yours/spouses child in the car and leave(as in for you two to go stay somewhere rather than the residence with the spouse temporarily or PERMANENTLY)and there is NOTHING the spouse can do to "immediately remedy" the situation and get the child back. If that spouse chooses to call the police or take the police with them to place that your spouse&child are staying at in hopes to have the police return your child to you and be able to take your child back home to your residence, THEY WILL BE SADLY MISTAKEN. Because the police will not only NOT "return" the child to the spouse, they will make that spouse leave the residence of where the spouse&child are now staying. THEY WILL NOT INTERFERE, NOR GET INVOLVED IN ANY WAY WHATSOEVER IN FAMILY LAW/COURT MATTERS(esp. when court proceedings have not even begun, as in no one has gone before a judge asking that there be custody(temp or perm)awarded to one of the spouses)... So, as I said it may differ and/or vary from state to state and I can only speak of my knowledge that I have for our states laws and I agree with you that it is 100% possible to take your child from your spouse&(as I stated above)that spouse cannot get the child back(of course not without going thru court proceedings)AND THIS IS ALL DONE WITHOUT ANY COURT ORDERS WHATSOEVER, AND DEFINITELY DONE WITHOUT A RESTRAINING ORDER ... So with all that said it makes me think that there is way more to just(possibly an already impending)divorce, but whatever the reason that RO is for more than just divorce for infidelity..

 

[kbl8201]

Well,I do not know what to think of all this.But it did get the father ALOT higher on my suspect list.Look at them both.It's very sad if little Kyron got in the middle of all this and his little sister.But sadly it does happen.It all makes me very sad.I just pray they find Kyron and they do not ever stop looking for him.I need to back away from all this.It's all too familiar.I pray they find this sweet little boy soon.We'll find you Kyron.

casting suspicion on dad is so not right. if he was under suspicion LE Would be all over him wouldnt they?

 

[Jaxson]

Question for anyone - wouldn't you have to have darn good reason legally to not only get a restraining order, but to TAKE HER CHILD FROM HER? Otherwise lots of parents would grab the chld and get a restraining order after a fight or for revenge. To me the huge and shocking thing is he took her daughter! I would die if my S.O. took my child and got a restraining order for whatever reason. Any thoughts on this? Isn't that kind of rare for a dad to take a baby from mom and get a restraining order just like that?

Also, I think maybe they were headed towards divorce before Kyron went missing. IF Terri has something to do with Kyron's disappearance, I think a motive might have been more revenge or getting back at him for threatening to leave her (speculation! JMO). If this is the case, maybe she has said lately if he leaves now he'll be sorry as far as his daughter is concerned. Thoughts?

Lots of people have and do which is why most states require parenting classes before a divorce is granted. Too many people have used kids to get at the ex.

 

[nanny2five]

Apparently, "liar" is the least of what she is.

In shock, here.

i am in shock too, abbie!

 

[Beyond Belief]

The grieving process is first "denial", then "anger". I think that is where Kyrons father is at right now.

 

[butterfly1978]

There is no evidence about cheating and Kimster asked that this conversation end several pages back.

Gran, I am sorry because I am so far behind I am reading this thread backward, should I delete my post? I didnt know the cheating thing had been brought up? Are we not able to speculate about why the divorce was filed, IMO speculating about other possabilities other than just the thought that She is responsible would still give us hope for Kyron. JMO

 

[Wise Old Owl]

I sure hope KH has an "airtight alibi" - I feel that TH's bus will make a sharp right headed straight for KH - not that it will go anywhere, he's been out there in the media, but still she could try her best and get everybody talking even more KWIM?

 

[RubyRed]

I too am concerned about the fact that Kaine has indicated that focus should be only on Kyron and then files for divorce, which creates tons of interest in that and in Terri and kind of leaves Kyron's whereabouts behind. What could have been so dangerous that he could not wait to file, I wonder? I just don't get any of this.

Kaine was adamant about the focus being on Kyron. Something has changed all that. In my opinion LE has shared info that probably helped to solidify what he already suspected. I am glad to be seeing him put his son, Kyron first.

 

[gwenabob]

To Gwenabob:

Have you noticed any helicopters in the area today? TIA I have a feeling that Kyron will be located soon.

I don't live or work near Sauvie Island or the Skyline area, so even if they were flying through there, I wouldn't have known.

 

[sofia76]

I really wasn't interested in attorneys and such so much as I'm fascinated with what appears to me to be an orchestrated handling of the Terri-as-suspect situation - via Kaine's strategy, LE's strategy, the family's strategy, Desiree & Tony's strategy, the poker faces, etc..

It seems even Terri's own mother & father had some sort of strategy...with her father arriving the day of divorce service.

Have you ever attempted to retain a criminal attorney? This woman doesn't have a job. Her assets are not really hers to sell/dump. So long as she's not charged with anything, she doesn't have access to a court appointed attorney. She is in trouble. Maybe her parents have money.