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

[gitana1]

See the divorce filing alone would keep me in that gray area of whether or not she was a possible perpetrator of a crime against Kyron. If Kaine has in fact taken the baby, and TM is alone with her Dad then I have to say on the surface it looks like something has happened to cause Kaine to believe that his family is in danger from her...and that baby is too. There is really no other way to look at it.

I'm with you here 100%. I was on the fence. Not enough actual info from LE for me to say and a bad timeline from what we know. But, this takes me completely off the fence. At least for now.
I'm a family law attorney so I understand exactly how this works. the fact that Kaine apparently applied for a domestic violence RO against Terri giving him sole legal and physical custody of the child and including the child as a protected party, and it was granted and then sealed tells me there are grounds for the RO that are likely related to the investigation. In other words, Kaine found something out that points to terri as the culprit in little Kyron's disappearance and thus this is necessary to make sure his other child does not meet the same fate. The judge obviously agreed. That is was sealed really indicates that this has something to to with Kyron because sealing it may help protect the investigation. This does not bode well for Kaine's recovery IMO.

 

[GrainneDhu]

But it's apparently been confirmed that both Terri and Kyron were seen at the school that morning, at some time after quite a few other people had already arrived at the school too, and that Kyron was not seen again beyond 9:00 or so.

It's hard enough to imagine how she could have gotten him out of and away from the school after that, *especially* on a morning with an unusual number of parents being at the school, without anybody seeing (but maybe someone *did* see, and LE knows that, even though we don't).

SBM

I am not convinced TMH is guilty but if she is, I do see one way that she could have removed Kyron from school.

The following is speculative only:

As I recall, the famous picture of Kyron in front of his red-eyed tree frog exhibit was taken at about 8:15 am, in the presence of at least two adults. One was in the background of the picture and the other was the president of the PTA. I think this has been well enough verified to be accepted as true.

If TMH did it, then she tells Kyron "honey, you forgot your (fill in the blank), let's go get it." They go out to the truck together, openly, maybe even greeting and speaking to people as they went. Nothing guilty about that.

For whatever reason, premeditated or not, at that moment while he is near the truck, she gets him in the truck and drives away.

Later, in her account of her movements that morning, she reverses the two events. She says that first they went back out to the truck, then they came back in together and she took the picture. Then they walked around the school to view the other exhibits but she doesn't really remember speaking to anyone in particular.

If she was seen going out with Kyron, so what? She was his stepmom and I greatly doubt that anyone was consulting their watch to establish the exact time they were seen outside together. It would only be a discrepancy of ten minutes or so.

For me, this would work whether it was premeditated or not. If it was premeditated, well, the plan is obvious.

If this was not premeditated, my theory is that at some point, probably when they were standing next to the truck, she lost her temper with Kyron and shook him, possibly banging his head against either her truck or the vehicle parked next to it. She didn't mean to kill him but he hits in just the wrong way and she is left with his body. She panics because she knows she should not have been shaking him.

So she stuffs his body in the truck and drives away. No one saw what happened and no one noticed her driving away.

Again, all the above is speculative.

I'm not 100% convinced TMH did it but I am beginning to lean that way.

 

[Kimster]

Let's get back on topic now everyone.

This thread is about Kaine filing for divorce and a restraining order. Thanks so much!

 

[winterrose]

First and foremost we obviously want Kyron found.I however feel this could be a divorce situation and the lack of emotion from both Kaine and Terri at the pressers made me feel they both knew Kyron was hidden and why.Although I feel it's only one of them who did it.At this point,I'm not sure which one.LE has a handle on this and thier main concern is Kyron.

 

[A_News_Junkie]

If I were a reporter, I would be seeing if the son she sent away has been moved or any custody restrictions on that child are in place. If a danger to the daughter, why not to him? Unless, they know her 'possible actions' would only be directed at the father and daughter..............but then again, if they know that, why is she not in custody??????? Ehhhhh gads............:waitasec::waitasec:

 

[sorrell skye]

http://www.katu.com/news/local/97449789.html

Does this quote mean anything to anybody...."Those friends, who have declined to speak on camera, said her husband’s motion to divorce is leaving her without the funds to afford a quality lawyer." I'm not sure why the filing of a divorce means she can't afford to hire a criminal lawyer....oh well, I guess she could wait and see on that...but as far as letting her friends talk to the media....my advice would be STOP!

Oregon is an "equitable distribution state".

From link:

http://divorcesupport.about.com/od/statedivorcelaws/a/Oregon_Laws.htm

PROPERTY DISTRIBUTION:

Oregon is an equitable distribution state, and fault is not a consideration when dividing the marital estate. Retirement plans shall be considered part of the marital estate, and the court shall consider the contribution of a spouse as a homemaker as a contribution to the acquisition of marital assets. The court presumes that both spouses have contributed equally to the acquisition of property during the marriage, whether such property is jointly or separately held, and thus should be divided equitably.

Comments by me:

There has been no court ruling on the division of assets (since the petition for dissolution has only recently been filed & a divorce decree has not yet been granted), therefore TH has the legal right to any accounts & assets, regardless of whose name (hers or KH's) they're in, or regardless of whether or not she contributed to them, according to this web site.

Of course, it's entirely possible that KH may have withdrawn all funds from any and all accounts, in order to prevent her from accessing funds. Who knows?

MOO

 

[Wendy101]

I wonder who it was that made the 911 call on Saturday evening?

I'd say it was Kaine.

 

[GrainneDhu]

If I were a reporter, I would be seeing if the son she sent away has been moved or any custody restrictions on that child are in place. If a danger to the daughter, why not to him? Unless, they know her 'possible actions' would only be directed at the father and daughter..............but then again, if they know that, why is she not in custody??????? Ehhhhh gads............:waitasec::waitasec:

I think that whoever has custody of TMH's older son would have to apply for a restraining order or change of custody rather than Kaine Horman. Kaine doesn't have physical custody and has no legal relationship to the older son.

 

[GrainneDhu]

Oregon is an "equitable distribution state".

From link:

http://divorcesupport.about.com/od/statedivorcelaws/a/Oregon_Laws.htm

PROPERTY DISTRIBUTION:

Oregon is an equitable distribution state, and fault is not a consideration when dividing the marital estate. Retirement plans shall be considered part of the marital estate, and the court shall consider the contribution of a spouse as a homemaker as a contribution to the acquisition of marital assets. The court presumes that both spouses have contributed equally to the acquisition of property during the marriage, whether such property is jointly or separately held, and thus should be divided equitably.

Comments by me:

There has been no court ruling on the division of assets (since the petition for dissolution has only recently been filed & a divorce decree has not yet been granted), therefore TH has the legal right to any accounts & assets, regardless of whose name (hers or KH's) they're in, or regardless of whether or not she contributed to them, according to this web site.

Of course, it's entirely possible that KH may have withdrawn all funds from any and all accounts, in order to prevent her from accessing funds. Who knows?

MOO

SBM

Or the only easily accessible accounts have already been drained due to the unusual family costs of the ongoing situation.

We have no indication that Kaine has been working since Kyron disappeared and while the family is not responsible for the SAR effort or investigative costs, there's all sorts of stuff in situations like this that eat money. Stuff like printing flyers and T-shirts to things like eating carry-out more often due to being too stressed to cook.

Easily accessible accounts are things like checking accounts and ordinary savings accounts. They may well have a 401K, etc, but those funds are not instantly accessible.

 

[butterfly1978]

This may be off topic but does anyone know if Tony is working on Kyrons case? If not I am sure he has resourses to off set the costs of things such as flyers and tshirts.

 

[SlowBoatToChina]

Okay. I never post here, but wouldn't it be neat if this was another "balloon boy" case and SM wanted to be on Oprah and that's why there is so much intrigue without any evidence of a crime?

 

[pinkpuddytat]

Many people may have 'saw" Terri and Kyron's last minutes at the school. Most of them, IMO, probably don't realize or remember that they saw them.

But if anyone had seen Kyron leaving the school building, or outside the school building, at a time when all the other children were inside, or perhaps a few also rushing towards the entrance if they were late, *that* would likely have been remembered. This is a small school, and it would be rare for any child to be leaving the school or be in the parking lot but not rushing towards the entrance, right around the time classes are starting and attendance is being taken.

Terri's whereabouts at any given point wouldn't be very informative or remarkable, since it's well established that she was there when science projects were being set up, and it would have been perfectly normal for her, as well as many other parents, to be in the halls around the science fair rooms, or leaving the building or parking area at any point subsequent to that, up until around the time classes were starting. But for Kyron or any other elementary school aged child to be spotted (whether alone or accompanied by an adult) leaving the building, walking through the parking lot in any direction other than directly towards an entrance, or riding in a vehicle leaving the parking lot, would have looked out of place and likely have been remembered by someone.

 

[gitana1]

My divorce and RO were filed in 1 day, here in Oregon.



Wondering when he actually filed for the RO and Divorce. Can that all be done in one day? Or was this something in the works last week? Does anyone know or have any speculation?


I can see the divorce has been filed, but there is no restraining order filed, that I can see. It is rather strange that when doing a statewide search that not everything is pulling up on Kaine (not even this divorce filing). When I do a search by Multnomah County the divorce filing does pull up. Nothing has been added to it, since I posted the info last night. Nothing whatsoever is posted about the RO. Not in any county. I tried pulling up my RO the same ways and it shows up everytime. Unless they still haven't put it in the records, maybe the RO hasn't been filed.

Where is the source for the RO?

The restraining order could have been asked for under "Other Orders" on the child custody form.

The RO has been sealed. In most states, one must file separate paperwork for an RO, not just check a box on the disso paperwork.

 

[Mylou]

Okay. I never post here, but wouldn't it be neat if this was another "balloon boy" case and SM wanted to be on Oprah and that's why there is so much intrigue without any evidence of a crime?

I think it would be unbelievably exciting to see Kyron alive and unharmed.

Neat that is was like the balloon boy case and wanting to be on Oprah, nah , not in the least, it would make me nauseous.

 

[butterfly1978]

Okay. I never post here, but wouldn't it be neat if this was another "balloon boy" case and SM wanted to be on Oprah and that's why there is so much intrigue without any evidence of a crime?

It would be great, and we have discussed the possability in the thread, Is this a plublicty stunt or Hoax.... However at this point I think if this were it wouldnt have gone on this long. Someone would have had to be taking him food and things and led LE to Kyron by now. I just dont think that will be the out come.. but who knows miricles happen every day.

Please post more often everyones thoughts are welcomed.

 

[sorrell skye]

SBM

Or the only easily accessible accounts have already been drained due to the unusual family costs of the ongoing situation.

We have no indication that Kaine has been working since Kyron disappeared and while the family is not responsible for the SAR effort or investigative costs, there's all sorts of stuff in situations like this that eat money. Stuff like printing flyers and T-shirts to things like eating carry-out more often due to being too stressed to cook.

Easily accessible accounts are things like checking accounts and ordinary savings accounts. They may well have a 401K, etc, but those funds are not instantly accessible.

I agree with everything you said, Grainne.

I was merely responding to TH's friends' alleged statements as reported in this article:

http://www.katu.com/news/local/97449789.html

Those friends, who have declined to speak on camera, said her husband’s motion to divorce is leaving her without the funds to afford a quality lawyer.

Based on the statement of TH's friends in this article, it's apparent that TH's friends believe that she has no money because KH has filed for divorce. Which, of course, causes me to ask - who's leading them to believe that?

Have they come to that conclusion on their own, or have they been led to believe that by someone else?

 

[pinkpuddytat]

That is interesting. Maybe more than just a heart to heart with LE pushed KH to do what he has done. They could have finally had a confrontation that got ugly.

I'm wondering if the 911 call was made by Terri, in response to Kaine announcing he was leaving and picking up Baby K and heading out the door with her. Or possibly he'd already left with Baby K, and Terri came home from somewhere and found a note from Kaine informing her not to expect him or Baby K to return.

 

[Mrs G Norris]

I agree with everything you said, Grainne.

I was merely responding to TH's friends' alleged statements as reported in this article:

http://www.katu.com/news/local/97449789.html

Those friends, who have declined to speak on camera, said her husband’s motion to divorce is leaving her without the funds to afford a quality lawyer.

Based on the statement of TH's friends in this article, it's apparent that TH's friends believe that she has no money because KH has filed for divorce. Which, of course, causes me to ask - who's leading them to believe that?

Have they come to that conclusion on their own, or have the been led to believe that by someone else?

Since posting the question earlier the idea has settled in my mind that this is just an attempt by Terri to gain public sympathy...'Poor me, now that Kaine has left me high and dry I can't even get a lawyer!' But that would be jumping to conclusions.

 

[pinkpuddytat]

http://www.katu.com/news/local/97449789.html

Does this quote mean anything to anybody...."Those friends, who have declined to speak on camera, said her husband’s motion to divorce is leaving her without the funds to afford a quality lawyer." I'm not sure why the filing of a divorce means she can't afford to hire a criminal lawyer....oh well, I guess she could wait and see on that...but as far as letting her friends talk to the media....my advice would be STOP!

Marital assets restricted by court order as a result of the divorce filing. Which I suspect was a key reason for the rush in the filing. Without a divorce filing, there was nothing stopping her from spending/encumbering absolutely all of their marital assets to pay for lawyers for herself -- she could easily wipe out their savings and any equity in their home in a week or two, and even leave additional debts that would become Kaine's legal responsibility even if she was convicted and even if he subsequently filed for divorce. Given the divorce filing, any lawyers working or considering working for her are on notice that they'll only get paid if the final divorce decree leaves sufficient assets in Terri's name to pay the bills. And since it looks quite likely that she'll end up facing criminal charges in connection with Kyron's disappearance, and quite possibly getting convicted, there's a very real chance the final divorce decree would leave her with virtually nothing.

 

[Mrs G Norris]

Marital assets restricted by court order as a result of the divorce filing. Which I suspect was a key reason for the rush in the filing. Without a divorce filing, there was nothing stopping her from spending/encumbering absolutely all of their marital assets to pay for lawyers for herself -- she could easily wipe out their savings and any equity in their home in a week or two, and even leave additional debts that would become Kaine's legal responsibility even if she was convicted and even if he subsequently filed for divorce. Given the divorce filing, any lawyers working or considering working for her are on notice that they'll only get paid if the final divorce decree leaves sufficient assets in Terri's name to pay the bills. And since it looks quite likely that she'll end up facing criminal charges in connection with Kyron's disappearance, and quite possibly getting convicted, there's a very real chance the final divorce decree would leave her with virtually nothing.

Thank YOU! That explains the rush to file for divorce as well. He's got a brain in his head that boy. I'm glad he's taking steps to look after himself and his daughter so well. Respect.