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

[ClueMeIn]

Wonder if it's standard to ask for child support from a woman you think is too dangerous to be near her baby girl

Just because someone gets child support, doesn't mean the parent that is paying has any rights to visitation. 2 separate issues, and are even required to be 2 separate court filings. Same would be said for visitation. Just because someone doesn't pay, doesn't mean they are not allowed visitation.

 

[ClueMeIn]

Oh yea...duh!

 

[ClueMeIn]

Interesting that it will be unsealed. Why allow a sealed document, if you are going to just retract it?

 

[ClueMeIn]

Wait! I just thought of something. This says that they vacated sealing this in OJIN. OJIN doesn't have the reasons on it. Those would be on the actual papers that he filed, with reasons, dates, circumstances etc. I wonder if they have released those.

 

[thinkofwicker]

this is certainly a good way to "suggest" TH retains counsel

 

[curiousgal]

Wonder if it's standard to ask for child support from a woman you think is too dangerous to be near her baby girl

Just because someone gets child support, doesn't mean the parent that is paying has any rights to visitation. 2 separate issues, and are even required to be 2 separate court filings. Same would be said for visitation. Just because someone doesn't pay, doesn't mean they are not allowed visitation.

Really crazy law if you ask me.... if someone refuses to pay child support the visitation should automatically be nixed!

 

[4BB]

Really crazy law if you ask me.... if someone refuses to pay child support the visitation should automatically be nixed!

I know..trust me..my ex was 10k in the hole and still retained visitation rights until I relinquished ALL rights.
The law is supposed to help the good parents. The ones without a job or facing hardships but still want to be part of their childs life. For me personally it felt more like a have my cake and eat it too scenario.

 

[CN2Souls]

I bet when they are unsealed pages 7-9 will be black lined, seen it in many cases so we still will not have all the details.

 

[MCDRAW]

Do you think Kaine is not letting her see the baby because he is angry that she was the last to see Kyron...almost like a payback? I have only read bits and pieces of this case. I just find it scary that she not be allowed to have contact with her child just on Kaine's word, maybe Kaine had evidence to back him up.

 

[believe09]

Child support and visitation are two separate issues. Talk to any custodial parent whose support is in arrears but visitation still commences, lol! They are not tied together in any way.

Just to finish my thought-custodial parent automatically files for support of the children, IIRC. There is nothing sinister about the paperwork to my mind.

 

[believe09]

Do you think Kaine is not letting her see the baby because he is angry that she was the last to see Kyron...almost like a payback? I have only read bits and pieces of this case. I just find it scary that she not be allowed to have contact with her child just on Kaine's word, maybe Kaine had evidence to back him up.

I would be stunned-it is very very difficult to obtain an order that does not allow for some kind of contact, ESPECIALLY when we are discussing a birth parent. The evidence had to be pretty compelling.

 

[Donjeta]

Just because some parents may have trouble paying or be unwilling to pay child support doesn't mean that continued contact with said parents is not important for the children in question, even if it irks the parent who is not getting their money. IMO.

I would like to know the reasoning behind the decision to have no contact with the child, not even supervised. Maybe it's just temporary, unless some charges are filed. The child is just a baby and doesn't understand what happened to mom.

There are no winners in this situation.

 

[Adrienne37]

Wonder if it's standard to ask for child support from a woman you think is too dangerous to be near her baby girl

Just because someone gets child support, doesn't mean the parent that is paying has any rights to visitation. 2 separate issues, and are even required to be 2 separate court filings. Same would be said for visitation. Just because someone doesn't pay, doesn't mean they are not allowed visitation.

Just adding to this about the child support. My daughter is 11. Her father has absolutely no rights whatsoever as far as visitation, etc., and my order actually allowed me to remove his last name from her birth certificate and add my maiden name to it. He still has to pay child support as well as provide health insurance on her and pay half of all medical expenses. I'm from Florida but I can't imagine that the other states wouldn't require the same things.

 

[eyes4crime]

I think the divorce decree covers all bases: If mom is put in prison and given the death penalty - won't ever see her child nor will she have to pay child support. If innocent, won't ever see child and will have to work and pay Kaine child support. Wonder if child support is paid from prison - if you have the means? Maybe? moo

 

[Calliope]

Just because some parents may have trouble paying or be unwilling to pay child support doesn't mean that continued contact with said parents is not important for the children in question, even if it irks the parent who is not getting their money. IMO.

I would like to know the reasoning behind the decision to have no contact with the child, not even supervised. Maybe it's just temporary, unless some charges are filed. The child is just a baby and doesn't understand what happened to mom.

There are no winners in this situation.

From what I understand from reading the benchguide, the order is temporary. As an ex parte order, it has to be in any case.

 

[GameTheory]

Hello to everybody!

I would like to ask a question and I am not sure it has been answered earlier on when this case began. Do we know where the baby girl was when Kyron and step-mother were in school? I am thinking that perhaps one thing that could put into motion the RO is whether the baby was left alone at home during that morning and it has come out into the interviews with LE, but I can't remember what was the case. Thank you for any answers.

 

[desquire]

Interesting that it will be unsealed. Why allow a sealed document, if you are going to just retract it?

There seems to be alot of confusion around this. The file includes a number of things including: the original petition for a restraining order, the temporary restraining order, the motion to seal the file, and the order sealing the file. The judge then came back and vacated the order to seal the file only with respect to the motion to seal it. In other words, the only document in the file that will be publicly available is the motion asking the judge to seal the file, everything else - including the original petition for the restraining order remains sealed.

Why do this? One of the basic tenets of due process is that court proceedings and filings should be open to public scrutiny, so courts are loathe to close hearings or seal files or otherwise operate in "secret" unless there is a very compelling public purpose in doing so. Even then, they try to limit the items hidden from public view as much as possible. Since the motion to seal the file doesn't contain any information that would justify being hidden, the judge decided to let it alone be public. The rest of the file will likely be unsealed as soon as its release would no longer jeopardize the criminal investigation.

The interesting question is, since TH obviously has access to the the information in the petition, what is that information and how would it's public release jeopardize the investigation?

 

[SuziQ]

I'm not familiar with Oregons laws.. But could it be that by divorcing her, he can now testify against her regarding other possible crimes that could have been found out about by LE, while investing the disappearance. That he couldn't talk to LE regarding certain matters because he was in a marriage..??? KWIM ??? Sorry..just tired...

Spousal priviledge means you can't be forced to testify against a spouse. You however can chose to do so. In any case, spousal priviledge does not apply in most cases of child abuse or child abuse leading to death.

 

[Calliope]

I think the divorce decree covers all bases: If mom is put in prison and given the death penalty - won't ever see her child nor will she have to pay child support. If innocent, won't ever see child and will have to work and pay Kaine child support. Wonder if child support is paid from prison - if you have the means? Maybe? moo

I don't know how it works in Oregon state prisons, but I know from my father who worked for the Federal Bureau of Prisons, inmates earn money for the work they do in prison. I'll dig around and see if I can find anything specific to Oregon.

 

[curiousgal]

Just because some parents may have trouble paying or be unwilling to pay child support doesn't mean that continued contact with said parents is not important for the children in question, even if it irks the parent who is not getting their money. IMO.

I would like to know the reasoning behind the decision to have no contact with the child, not even supervised. Maybe it's just temporary, unless some charges are filed. The child is just a baby and doesn't understand what happened to mom.

There are no winners in this situation.

Wow, so a "parent" unwilling to pay child support should be entitled to have full visitations and contact and everything with said child? I know from my experience, I wish with all my sould I could get my sperm donor to sign off on his rights. He has visits but doesn't ever follow through with seeing her or contact her, or pay child support. Those are the dead beats I think don't have a right to be called a parent with visits.

Anyway, back to the case at hand... I know I was told when I filed my divorce papers, that if I included the child support part of it with the divorce it would be easier, and more cost efficient. I wouldn't have to filing fees, and I wouldn't have 2 seperate cases. So it makes sense that he filed the papers he did. Like someone else said it's all what HE filed.... the judge may have signed off on them temporarily, howevet Terri still has 30 days to contest anything and everything he filed for, as far as the daughter goes. She can contest the custody, the visits, the child support all of it. None of it is set in stone. I don't get why people are so bothered with what he filed? Stop reading so much into it!! It's paperwork, it's not finalized, so much can happen before it ever is finalized, this is only the 1st step!