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

[DairyGirl]

With all the accusations flying around, I don't think there was much of a chance of her winning if she fought it now. However - unless the police have a lot more than we've seen/heard about, I don't think they can prove that she's guilty of anything (besides possible poor judgment, at least). If this goes to court and she is found not guilty, then I would imagine she could get at least partial custody - currently I can't see her getting anything more than supervised visitation, if that. Maybe better to wait.

I don't know of a judge in the world that wouldn't have given her at least supervised visitation. If she had asked. She seems desperately to not want to be put on the record for anything to do with Kyron's disappearance and the MFH. She has an attorney. If she had nothing to hide she would have attempted to at least see the baby.

 

[DairyGirl]

I think it may be to protect the baby, because the threats of violence against Terri on the internet are horrific. If the baby was with her, and someone acted on a threat, it would put the baby in danger.

The other reason would be to avoid having a judge rule explicitly that she can not so much as see her child. This would allow her to go back, presumably after clearing herself in Kyron's disappearance, and request partial custody or visitation without that 'black mark' of a judge's explicit ruling.

It's not as if baby K is with a bad parent. Kaine is a good person, so she knows that baby K is being well taken care of right now.

If you love your child, you put aside yourself, and how much you want to see them, and think about and do what's best for them. Right now, considering the above, as well as the mess she's in the middle of, and no job, no home, etc, baby K is in the best place.

Terri may not be thinking of this as a long-term thing, but a short thing - just a few months.

Mostly, though, I think she's taking the advice of her well-reputed attorney. I'd take his advice too.

I don't think they baby would be in any danger from supervised visitation. She could be well protected. As far as doing what is best for the child, I'm sorry but she seems to be doing what is best for Terri. It is never in a child's best interest to be totally cut off from the mother that raised her since birth. Unless that mother is a dangerous person. And I believe that Terri is.

 

[PoppyH]

I think it may be to protect the baby, because the threats of violence against Terri on the internet are horrific. If the baby was with her, and someone acted on a threat, it would put the baby in danger.

The other reason would be to avoid having a judge rule explicitly that she can not so much as see her child. This would allow her to go back, presumably after clearing herself in Kyron's disappearance, and request partial custody or visitation without that 'black mark' of a judge's explicit ruling.

It's not as if baby K is with a bad parent. Kaine is a good person, so she knows that baby K is being well taken care of right now.

If you love your child, you put aside yourself, and how much you want to see them, and think about and do what's best for them. Right now, considering the above, as well as the mess she's in the middle of, and no job, no home, etc, baby K is in the best place.

Terri may not be thinking of this as a long-term thing, but a short thing - just a few months.

Mostly, though, I think she's taking the advice of her well-reputed attorney. I'd take his advice too.

I disagree,with the protecting baby K part, here is why, People are Furious that precious Kyron is missing, they will not harm a baby to get to Terri, It would make them no better than the person who has disappeared Kyron JMO

 

[bessie]

I sometimes wonder if she is doing this to protect Baby K. She may know who took Kyron and has been threatened that Baby K will be next if she says anything. That brings up the question of would you give your life up for your child. JMO

With all due respect, cj, the evil-invisi-nanny-made-me-do-it defense won't work for Casey Anthony, and it ain't gonna fly for Terri Moulton Horman, either. :twocents: Would a woman in fear for her baby's life post her comings and goings on Facebook?

 

[T-Rex]

There's a poster named Aqualina on the Willamette Week site, who writes as if she has some inside information. She claims the landscaper is going to be charged with filing a false report, and the RO will be dropped, and that is what Terri is waiting for.
http://blogs.wweek.com/news/2010/07...itional-funds-for-kyron-horman-investigation/

 

[wondering1]

There's a poster named Aqualina on the Willamette Week site, who writes as if she has some inside information. She claims the landscaper is going to be charged with filing a false report, and the RO will be dropped, and that is what Terri is waiting for.
http://blogs.wweek.com/news/2010/07...itional-funds-for-kyron-horman-investigation/

that was more than two weeks ago, and he hasn't been charged yet. And it still doesn't explain why she would not challenge the RO. If someone or th knows that the LS is FOS, they could challenge that evidence in the context of the RO. He doesn't have to be charged with a crime to be not credible on issues relating to the MFH plot. Sounds like a load TH dumped on her besties for their continued support. jmoo.

 

[rnmif]

Well, remember she was going to kidnap her from the gym- was that verified/documented in MSM or elsewhere? This woman seems to take the law kind of lightly, IMO, and to like to take it into her own hands as well...so why fight it legally when you can find a way to ignore it, circumvent it, etc...?

My understanding of RO in Mult. County is that it is not in effect until the other party has been served. It will take two links from MSM to establish this, but this headline says it all: BEFORE he obtained RO.

If he had not even obtained an RO, let alone had it served, then Terri did not try and abduct K, she tried to *find* her.

http://theportlander.com/2010/07/13...ughter-just-before-restraining-order-granted/

 

[scotslass]

There's a poster named Aqualina on the Willamette Week site, who writes as if she has some inside information. She claims the landscaper is going to be charged with filing a false report, and the RO will be dropped, and that is what Terri is waiting for.
http://blogs.wweek.com/news/2010/07...itional-funds-for-kyron-horman-investigation/

Well i would darn well hope they would have really looked into it and done that (LS charged with making a false report) before they went as far as setting up a sting on his word and advising KH to leave the home and get the RO in the first place but nothing would surprise me at this time. The whole MFH thing is so out there along with everything else that comes to light in this case. The hardest part to come to terms with is that Kyron is still missing

 

[rnmif]

Terri may not be thinking of this as a long-term thing, but a short thing - just a few months.

Mostly, though, I think she's taking the advice of her well-reputed attorney. I'd take his advice too.

I've attended enough hearings as foster parents that I'm pretty sure no judge is going to give her much in the way of custody (or anything at all, given one of the charges CURRENTLY under investigation is child endangerment of some sort, which she does have a CPS history of) until the smoke clears.

That said, remember this:
http://www.oregonlive.com/portland/index.ssf/2010/07/terri_hormans_divorce_attorney.html

Given my perspective on this case, if what I saw is accurate, she has an even bigger reason not to change custody now, as gitana said in the other thread. Once there's a custody decision, it's hard to get changed without good reason. What if they know something we don't about Kaine? Or Terri's innocence? Challenging the RO right now could be the WORST move, and waiting a few months could be wise.

Who knows. Humans are prone to confirmation bias, myself included. I was telling my husband tonight on the way back from the barn, if TH grew wings and a halo, everyone would say it would be evidence she's satan....

Clearly there are participants of this case that know things the other side doesn't, and certainly we're only getting half the story from each side.

It's not much for the public to go on. This is a big, scary emotional issue, and I can't imagine any mother who's heart isn't struck with fear by this case. Wanting answers is the most normal thing in the world. How on earth do you make sense of the senseless? You don't. You can't.

 

[Leila]

Some of us have been discussing what innocent reasons there could be why Terri did not challenge the order that keeps her from any contact with her baby daughter. This is a woman seemingly obsessed with her little girl.

Are there any? I thought at first that she was probably advised by her lawyer to wait it out, see what happened with Kyron, whether he was found or someone else was implicated.

But I can't really buy that. I can't think of any reason except to avoid answering any questions.

If TH was truly innocent in the disappearance of Kyron, there's no reason for not explaining to authorities everything that happened on June 4th.

If she's guilty of trying to hire someone to murder her husband 6 months prior to Kyron's disappearance, that might be a reason for her to remain silent.

But, if we look at both of these things...........a murder for hire that failed pales in comparison to being suspected in the disappearance of a child, and carries a severe penalty for kidnapping and/or murder.

If she's innocent in the disappearance of Kyron, it's in her best interests to explain what happened. Her attorney might stipulate that the questions are to pertain to Kyron's disappearance only.

 

[rnmif]

I don't think they baby would be in any danger from supervised visitation. She could be well protected. As far as doing what is best for the child, I'm sorry but she seems to be doing what is best for Terri. It is never in a child's best interest to be totally cut off from the mother that raised her since birth. Unless that mother is a dangerous person. And I believe that Terri is.

That depends on what agency is doing the supervision. The big agency that does visitation supervision across the river is a jobs program. They train ex-felons, recovering addicts, people with health and learning disabilities to supervise/transport/document visitation. They are trained not to put their own lives at risk however, so given an altercation with a parent or a stranger, they are instructed to call 911.

There is the option to pay for private supervision, but that can cost more than $100/hr, and most likely at this point TH would be on the hook to pay for it. With what income?

 

[newone]

RO's work both ways. This also prevents Kaine from harrassing Terri (although he's sure done a good job during pressers).

 

[wondering1]

That depends on what agency is doing the supervision. The big agency that does visitation supervision across the river is a jobs program. They train ex-felons, recovering addicts, people with health and learning disabilities to supervise/transport/document visitation. They are trained not to put their own lives at risk however, so given an altercation with a parent or a stranger, they are instructed to call 911.

There is the option to pay for private supervision, but that can cost more than $100/hr, and most likely at this point TH would be on the hook to pay for it. With what income?

maybe Houze could've spotted her a couple hundred from his grossly exaggerated $350k retainer. Cry me a river. If she can pay even a tiny fraction of that for her criminal defense lawyer, she can come up with a few hundred bucks to pay for supervised visitation. Or maybe her posse could have used the batphone money to pay for it. Bah, not buyin' the *poor th can't afford supervised visitation with her baby daughter* argument.

 

[wondering1]

RO's work both ways. This also prevents Kaine from harrassing Terri (although he's sure done a good job during pressers).

There is no mutual RO. He can do whatever he wants, except that if he comes into TH's space, he runs the risk of proving that he didn't need an RO in the first place.

 

[ThoughtFox]

Well, remember she was going to kidnap her from the gym- was that verified/documented in MSM or elsewhere? This woman seems to take the law kind of lightly, IMO, and to like to take it into her own hands as well...so why fight it legally when you can find a way to ignore it, circumvent it, etc...?

Yes, the gym owner is on the record saying he got scared when Terri showed up wanting to know if Kaine was busy working out so she could take the baby with her.

And we have to remember that Kaine also knew about the Murder for Hire Plot. So it's pretty obvious to me why she didn't fight the restraining order - not a moral leg to stand on.

It's only logical that with Kyron missing and TH the last parent with him at the time, that someone's hinky meter and red lights would go off. And by the way, it's not legal for a parent to just take a child and flee without consent of another parent - that's still kidnapping. But when Kaine left the house with the baby, he had the restraining order and the court behind him.

http://www.kptv.com/news/24250187/detail.html

Bob Briede, owner of Xtreme Edge Fitness Center, said Terri Horman approached a worker at the club's child care center. Court documents accuse her of asking to be notified when Kaine Horman came into the gym with the couple's daughter.

Briede said he feared for Baby K who is in the custody of her father, and alerted authorities about the incident.

"Her behavior was definitely suspicious and I felt like it was justified to make that phone call to the authorities to make them aware her behavior was odd," Briede said.

Terri Horman was banned from the club, Briede said.

http://www.kgw.com/news/kyron-horma...ied-to-abduct-daughter-from-gym-98346624.html

On Tuesday, gym owner Bob Briede told KGW he was glad he called police.

"Her behavior was definitely suspicious and I felt that it justified making a phone call to the authorities," said Briede, who owns Xtreme Edge Gym in Beaverton.

"Obviously with one child going missing and a parent acting strange...we felt that somebody needed to know about that in case there was something there, you know," said Briede. "I sure wouldn't want two children to go missing."

"I definitely feel relieved," said Briede. "I couldn't have gone home that night and gone toThe way everything rolled out, it obviously was the good thing to do."

 

[newone]

There is no mutual RO. He can do whatever he wants, except that if he comes into TH's space, he runs the risk of proving that he didn't need an RO in the first place.

BBM
Exactly -- he must not enter ''her space'' either otherwise he's in violation of the order.

It does indicate that she is not to harrass him however that does work in her favor....should she see him she is to leave immediately (from what has been explained to me in the past)..:croc:

 

[wondering1]

BBM
Exactly -- he must not enter ''her space'' either otherwise he's in violation of the order.

It does indicate that she is not to harrass him however that does work in her favor....should she see him she is to leave immediately (from what has been explained to me in the past)..:croc:

He wouldn't be in violation of the order (as in capable of being charged with a violation), because the order is in his favor only. There is no order requiring him to stay away from TH. However, if he does enter *her space* her lawyer would argue that he obviously didn't need the order in the first place, since he's deliberately put himself in contact with her. jmoo

 

[rnmif]

But when Kaine left the house with the baby, he had the restraining order and the court behind him.

This link on KGW says gym visit preceded the time she was served with the RO:

http://www.kgw.com/news/local/Clerk-Terri-Horman-tried-to-abduct-daughter-from-gym-98346624.html

Why KGW calls it an attempted "abduction" I don't know. She can't abduct a child she still has every reason to believe she has legal rights to. If anything, Kaine "abducted" K when he left the home.

Visit preceded restraining order
Shortly after the incident Kaine Horman obtained a restraining order to block Terri from any contact with Baby K or himself.

He left the home two days before the RO was filed:

http://www.oregonlive.com/portland/index.ssf/2010/07/kaine_horman_asks_court_to_hav.html

 

[newone]

Wondering 1 -- I agree -- .

snipped by me

There is no order requiring him to stay away from TH. However, if he does enter *her space* her lawyer would argue that he obviously didn't need the order in the first place, since he's deliberately put himself in contact with her. jmoo

 

[Wrinkles]

I sometimes wonder if she is doing this to protect Baby K. She may know who took Kyron and has been threatened that Baby K will be next if she says anything. That brings up the question of would you give your life up for your child. JMO

But why would you try to kidsnatch your own kid if this was the case?