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

[shelbar53]

If the information LE gave to KH was so terrible that he filed for an immediate divorce and got a judge to approve a RO not allowing TH to see her daughter, then had it SEALED, then why isn't TH arrested yet.

DANGER DANGER DANGER look at this incriminating evidence, get yourself and your child out of that house immediately and never let your wife see her child and god forbid no guns for her. Huh..arrest her? what do you mean?...for what? why?

 

[Calliope]

For now, yes. If LE goes in and says "We think she killed her stepson and we fear she may kill her daughter if she finds out we plan to arrest her.."

(snipped)

If LE said that to a judge, he'd issue a warrant for involuntary commitment.

 

[rosiebean]

Because, just like us, he was hoping to get his son back.

Respectfully, IMO, that does not make sense. If BioDad is divorcing SM simply because of perceived neglect...that neglect has been in evidence since June 4, no matter how long it took to get Kyron back. So he overlooked SM's 'neglect' because he wanted to get his son back??? How does overlooking that neglect help get his son back? It might give him mental comfort, in that it's hard enough dealing with a missing child much less admitting that child's caregiver was negligent. But I don't see how overlooking this supposed negligence is helping get his son back sooner.

IMO, Kaine's actions with the divorce isn't about SM's 'neglect' in not making sure Kyron was with a teacher. IMO IMO IMO, his recent actions have to do with a very real suspicion that she is involved in whatever happened to him on a much more personal level.

 

[Calliope]

"Also, a RO can be ordered just over an affair. (Not saying there is an affair.) Really simple issues when children are involved. Just the fact that Kyron is missing could get one issued." (by 21merc7-- sorry I somehow messed up the quote function!!)

(respectfully snipped)

i found this statement interesting...

"Under Oregon law, a petitioner must show that there has been "abuse" within 180 days in the family, that the applicant was in imminent danger of abuse and that the "respondent represents a credible threat" to the petitioner or child"
http://www.kgw.com/news/Kyrons-dad-hasnt-moved-out-step-mom-says-97354759.html

I readily include that this statement may be snipped and/or out of context... there could be other situations that justify a RO, especially when kids are involved!

That is the requirements under FAPA. I posted the link a ways back with all the info on what's required of the petitioner and the court.

 

[nursebeeme]

What criminal case is the article referring to?

the criminal case into the vanishing of kyron horman

 

[SuziQ]

wow...that seems like a very odd statement to me in a case where a stay-at-home mother of a toddler is getting NO visitation whatsoever, and has not been identified as a POI or suspect in the criminal matter. Basically, it sounds like this person is suggesting that an exparte RO will stay in effect indefinitely pending a criminal investigation that, as far as LE has told us, doesn't necessarily involve the mother. This seems goes against everything I think I know about ex parte orders, constitutional rights and parental rights. Anyone with any expertise in this area who can weigh in on this particular issue?

It does sound extreme. Oh to be able to read the supporting docs......

 

[Calliope]

They may have said that but i think most know its not true. Unless its standard procedure over there for LE to tell the father of a missing child to leave the wife and take his baby with them which i strongly doubt.

In domestic disputes they will often advise the two parties to separate. But in this particular case, I've not seen any verification that LE instructed Kaine to take the baby away from Terri. This has been moving along pretty fast, so perhaps I missed it. If you have a link to that I'd appreciate it.

 

[Calliope]

Just thought I would bring this post over to this page. I do feel this "leaked" info is going to stir things that may have no basis.

Care to share more about the FAPA with us all? Help clear up some of the speculations we are all bound to have?

http://courts.oregon.gov/OJD/docs/OSCA/cpsd/courtimprovement/familylaw/FAPA_Benchguide_4-24-06.pdf

Benchguide for The Family Abuse Prevention Act​

or​

all you ever wanted to know about FAPA but were afraid to ask. ​

 

[Jokerswild]

If the information LE gave to KH was so terrible that he filed for an immediate divorce and got a judge to approve a RO not allowing TH to see her daughter, then had it SEALED, then why isn't TH arrested yet.

DANGER DANGER DANGER look at this incriminating evidence, get yourself and your child out of that house immediately and never let your wife see her child and god forbid no guns for her. Huh..arrest her? what do you mean?...for what? why?

I think there is a ton of circumstantial evidence...enough for a judge to want to take precautionary measures for KH and his daughter---but not enough for an arrest. I believe LE wants to make sure that the evidence is there to secure a conviction...in order to avoid a hung jury or less.

 

[SuziQ]

You're so right! Most of the threads here have to do with women sticking by the perp for the sake of keeping the family together and/or putting food on the table and a roof over the heads of their children. Rare is it that we have a man who makes good money, has a career, has the support of LE, and the support of the other set of parents. He is fortunate to have those resources. imo moo

I disagree that most of the threads are women with no way out. IMO, no matter how you slice it, they chose their man over their kids. No one, male or female should, ever stay in a situation that endangers their children.

 

[amysmom]

They said on NG tonight that the RO includes banning TH from "firearms"..Is this a typical condition of all ROs or something just related to TH?

eta..On 2nd thought..not sure how anyone on NG would know what's in the RO since it was sealed!

 

[Calliope]

The no firearms clause was routine in such cases, a court clerk said.


http://www.kgw.com/news/Second-grade-student-missing-from-Skyline-Elementary-95670454.html

thanks

I'd hope they would be with ROs.

 

[nursebeeme]

http://courts.oregon.gov/OJD/docs/OSCA/cpsd/courtimprovement/familylaw/FAPA_Benchguide_4-24-06.pdf

Benchguide for The Family Abuse Prevention Act​

or​

all you ever wanted to know about FAPA but were afraid to ask. ​

I am thinking this went down more like a "cookie cutter effect"

In other words... Kaine learned something that made him undoubtably want to leave his spouse and take his child...

Perhaps he learned this something thru the investigation or from LE? Who knows.. but it had to have been recenltly

Cookie cutter: he goes to an atty and finds out the best way to make the info he has stick and fits it into the cookie cutter..

just a thought

 

[Reannan]

Just got home... let the dog in from outside, and guess what was on the back door? A small green tree frog - not red-eyed, but still a small green tree-frog! Wow.... I was hoping for resolution by this evening - but not surprised that it hasn't happened yet. I think LE has done an amazingly wonderful job with this case. They knew what was going down in this case from the very earliest moments of the missing persons report. They told the public that it was an isolated incident. They are obviously emotionally and professionally invested in this investigation because they have committed HUGE amounts of resources, and have actually even shed tears over it. Long-story short, they have evidence, and it is good evidence. They are dotting their i"s and crossing their t's to make sure the trial goes smoothly. They don't need a body to make an arrest, but I bet they find Kyron and bring him home. I hope the little tree frog on my back door is a good sign that it will be soon. I love you little Kyron..... which I could have shown you that.

 

[SuziQ]

If the information LE gave to KH was so terrible that he filed for an immediate divorce and got a judge to approve a RO not allowing TH to see her daughter, then had it SEALED, then why isn't TH arrested yet.

DANGER DANGER DANGER look at this incriminating evidence, get yourself and your child out of that house immediately and never let your wife see her child and god forbid no guns for her. Huh..arrest her? what do you mean?...for what? why?

Time is on LE's side. The second they arrest her, the court gives her an attorney who will tell her to shut up. The best thing for LE is to get a confession for a solid convicion and have her cough up Kyron's location. The DA only gets one shot and if he screws up Terri goes free forever. Where is justice for Kyron if that happens? This case will most likely go through a grand jury who will hand down an indictment. That can take forever. I'm still waiting for one on a four year old case the grand jury is still hearing testimony on.

 

[Nana46]

I am really impressed that there have not been many or any "leaks" at all...that takes a lot to keep that many people in LE, courts, etc., and nobody is talking.....good job.

 

[Dee10]

Just got home... let the dog in from outside, and guess what was on the back door? A small green tree frog - not red-eyed, but still a small green tree-frog! Wow.... I was hoping for resolution by this evening - but not surprised that it hasn't happened yet. I think LE has done an amazingly wonderful job with this case. They knew what was going down in this case from the very earliest moments of the missing persons report. They told the public that it was an isolated incident. They are obviously emotionally and professionally invested in this investigation because they have committed HUGE amounts of resources, and have actually even shed tears over it. Long-story short, they have evidence, and it is good evidence. They are dotting their i"s and crossing their t's to make sure the trial goes smoothly. They don't need a body to make an arrest, but I bet they find Kyron and bring him home. I hope the little tree frog on my back door is a good sign that it will be soon. I love you little Kyron..... which I could have shown you that.

Hi Reannan, that is quite odd isn't it...I hope it is a good sign this case will be wrapped up very soon & bring Kyron home. I might have misread your previous posts & thoughts but I thought you were leaning though to SM being innocent & there was no evidence? LE said they don't need a body to make an arrest, however of course they want to find Kyron regardless & I agree they maybe waiting. If she were arrested, surely she would lawyer up & he may never be found.

 

[nursebeeme]

Time is on LE's side. The second they arrest her, the court gives her an attorney who will tell her to shut up. The best thing for LE is to get a confession for a solid convicion and have her cough up Kyron's location. The DA only gets one shot and if he screws up Terri goes free forever. Where is justice for Kyron if that happens? This case will most likely go through a grand jury who will hand down an indictment. That can take forever. I'm still waiting for one on a four year old case the grand jury is still hearing testimony on.

please God let us hope she trips herself up!!!!!!! Please let her crack! I seriously do not want Kyron to lie out there all alone... so sad.

But I hear you and I know what you are saying. It happens. I hope LE has some evidence to go to GJ with.

The process is just has complicated as you describe it SuziQ and it CAN take YEARS like you describe.

And for those who even have a scintilla of doubt over who I think did this.. it is my opinion that TMH did this. And it is further my opinion that she needs to talk. And if that means her getting a lawyer so beit. I hope her father being there is enough to compel her to the truth.

moooo

 

[Reannan]

Time is on LE's side. The second they arrest her, the court gives her an attorney who will tell her to shut up. The best thing for LE is to get a confession for a solid convicion and have her cough up Kyron's location. The DA only gets one shot and if he screws up Terri goes free forever. Where is justice for Kyron if that happens? This case will most likely go through a grand jury who will hand down an indictment. That can take forever. I'm still waiting for one on a four year old case the grand jury is still hearing testimony on.

Exactly SuziQ!!! Imagine being in LE's position.... you KNOW what the truth is, but you have to dodge the efforts of a good defense attorney! It isn't as if any of the possible suspects in this case are free to cruise around town without being noticed these days. Just becasue someone isn't in handcuffs doesn't mean they are "free".

 

[sleuthy sleutherson]

Parenting time is another term for visitation.

So basically you could reword that as Terri was granted "no visitation of Baby K" and it would be exactly the same thing. There is supervised parenting time, just as there is supervised visitation. Terri got none, supervised or otherwise.

"Also known as visitation, parenting time plans are meant to ensure children have the opportunity to spend meaningful time together with each parent after a break-up and divorce."

http://www.helzercromar.com/CM/FamilyLaw/Visitation-Parenting-Time.asp

I don't know how Oregon laws work but I would imagine no parenting time there is something extreme happening. Even getting supervised visits can be tuff so I can't imagine what is going on for no parenting time. Is this a temporary situation until next court? I don't know what to think about all this, not sure it leans towards guilt regarding Kyron or if something entirely different has caused this. LE keeps saying she is not a POI or suspect, so confused :waitasec: