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

[Calliope]

No parenting time is huge. Period. That doesn't happen with a Mom and a baby without a very good reason.

(snipped)

For a RO granted under FAPA, maybe not as huge as some would think.


From the above benchguide link:

Mandatory Relief:

2. Temporary Custody and Parenting Time
Award temporary custody to petitioner subject to
reasonable parenting time unless parenting time is
not in the best interests of the child and award
custody to respondent, if requested by the
petitioner EXCEPT:

If the court determines that “exceptional
circumstances” exist that affect the custody of the
child:

a. order the parties to appear at an “exceptional
circumstances” hearing to determine custody
and other contested issues, and

b. make interim orders regarding the child’s
residence and the parties’ contact with the
child that are appropriate to provide for the
child’s welfare and the safety of the parties
pending the “exceptional circumstances”
hearing.

---


D. Custody Issues

1. Temporary Custody

The court must make a temporary custody award,
except as discussed in paragraph 2 below.

a. at the ex parte hearing if:
1) petitioner has met the statutory criteria;
and

2) petitioner requests it.

b. The court may grant custody to petitioner or
respondent, whichever petitioner requests.

c. The child/ren subject to the custody
award must be the child or children of
the parties.

d. The court may order that, despite other
restrictions, respondent may be at
restricted locations at specified times to
exercise parenting time rights.

e. The temporary custody provisions in
pre- and post-judgment dissolution of
marriage proceedings do not apply to
FAPA proceedings. Nor do mediation
procedures.


2. Exceptional Circumstances Affecting the
Custody of a Child

The court must make a temporary custody
order at the ex parte hearing unless the court
determines that exceptional circumstances
exist that affect the custody of the child.

a. If exceptional circumstances are
determined to exist, the court must
order the parties to appear and provide
additional evidence regarding temporary
custody and to resolve other contested
issues.

b. Pending the hearing, the court may
make any orders regarding the child’s
residence and the parties’ contact with
the child that are appropriate to provide
for the child’s welfare and the safety of
the parties.

c. The court must schedule the hearing
within 14 days of issuance of the
restraining order and issue a notice of
the hearing at the same time the
restraining order is issued.

 

[Jolynna]

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?

Yes...what a caring parent does is look at the incriminating evidence--maybe another poly showing deception--get out of the house with the baby and hope and pray that the isolated perp breaks and leads investigators to where she's hidden Kyron. IMO, that is the best chance of finding him.

TH isn't arrested because the case is still being built. There's no rush. KH and the baby are safe now (I believe it is too late for Kyron) and it sounds like TH is talking freely to the media and "friends". I imagine a good eye is being kept on TH.

My own opinion.

 

[Reannan]

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.

Hi Dee!!! My previous posts have probably represented my open mind. I have suspected TM from the VERY first post, but I am still not ready to convict her because I don't know the EVIDENCE yet. I like to keep an open mind, but not so open that my brains fall out. I think LE has spoken with all of the family, and that includes the father of TH.... they are playing this thing like a fiddle.

 

[Dee10]

Yes...you look at the incriminating evidence, get yourself and the baby out of the house and hope and pray that the isolated perp realizing they are on to her and breaks and leads investigators to where she's hidden Kyron.

TH isn't arrested yet because the case is still being built. With KH and the baby safe it is possible LE can get more from TH while she's out talking to media and "friends" than after she's behind bars "lawyered up".

My own opinion.

:clap: You said that so well!

 

[SacreBleu]

Good thinking, I know of a lot of women who drive whichever family vehicle that burns the most gas during the day because they are home. Its a real money saver for whoever has to commute to and from a job to drive whichever vehicle is more fuel efficient.

Actually, shorter stop-and-go trips use more gas than longer "highway" trips (city vs highway mileage), so using the most fuel efficient vehicle for the short trips makes the most sense economically.

Totally OT.

 

[Dee10]

Hi Dee!!! My previous posts have probably represented my open mind. I have suspected TM from the VERY first post, but I am still not ready to convict her because I don't know the EVIDENCE yet. I like to keep an open mind, but not so open that my brains fall out. I think LE has spoken with all of the family, and that includes the father of TH.... they are playing this thing like a fiddle.

BBM they sure are & doing an outstanding job!!! I have no doubt this case will be solved.

 

[Reannan]

What is this about?
From: http://www.oregonlive.com/portland/index.ssf/2010/06/kyron_horman_stepmother.html

"Also Saturday, a 9-1-1 call came in from the Horman's home at 5:46 p.m., regarding "threats" at the property. The sheriff's office declined to allow its release, citing the ongoing investigation."

 

[nursebeeme]

What is this about?
From: http://www.oregonlive.com/portland/index.ssf/2010/06/kyron_horman_stepmother.html

"Also Saturday, a 9-1-1 call came in from the Horman's home at 5:46 p.m., regarding "threats" at the property. The sheriff's office declined to allow its release, citing the ongoing investigation."

saturday is the day he was reported as last living there per the divorce decree.

 

[BeanE]

What is this about?
From: http://www.oregonlive.com/portland/index.ssf/2010/06/kyron_horman_stepmother.html

"Also Saturday, a 9-1-1 call came in from the Horman's home at 5:46 p.m., regarding "threats" at the property. The sheriff's office declined to allow its release, citing the ongoing investigation."

I bet they picked that up from our scanner thread lol.

 

[Reannan]

saturday is the day he was reported as last living there per the divorce decree.

Hey Nurse!!!! Yep - must have been one big knock-down-drag-out fight that day. Really interesting that she had managed to pull herself together and tell the reporter on Monday that "everything was fine" when asked about Kaine moving out. Obviously, "everything" hasn't been fine for a long time - certainly not since Kyron went missing! I can't imagine being her and saying that! Interesting psychology here.....

 

[SuziQ]

What is this about?
From: http://www.oregonlive.com/portland/index.ssf/2010/06/kyron_horman_stepmother.html

"Also Saturday, a 9-1-1 call came in from the Horman's home at 5:46 p.m., regarding "threats" at the property. The sheriff's office declined to allow its release, citing the ongoing investigation."

So it was their house! It came through on the scanner thread. IMO, that incident probably helped set the ball in motion for Kaine's actions.

 

[Calliope]

The judge stated he sealed the RO to protect the investigation. So I'm sure that there is info from the investigation.

He had to make an immediate ruling. Maybe he sealed it until such time it can be reviewed by the DA to make sure there's nothing in there that would affect the investigation.

 

[amethyst221]

What is this about?
From: http://www.oregonlive.com/portland/index.ssf/2010/06/kyron_horman_stepmother.html

"Also Saturday, a 9-1-1 call came in from the Horman's home at 5:46 p.m., regarding "threats" at the property. The sheriff's office declined to allow its release, citing the ongoing investigation."

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.

 

[sleuthy sleutherson]

Can someone tell me if the family statement issued without TH was done before or after the 911 call and divorce filing? I'm just wondering it was, maybe she had a huge hissy fit about not being included and started making threats that scared Kaine. I don't have time right now to read all the posts and haven't been on top of it lately so just thinking and wondering aloud.

 

[celticthyme]

Since the information about the RO & divorce, I've been trying to work backwards, with what few facts we have, and I keep going back to that Friday, the 4th . . if this science project was such a big thing for Kyron, why were both parents not doing the Science fair, since the dad seems to have a flexible schedule? If dad was off to work, SM took "Kyron to school", where was the baby? IF the SM harmed Kyron in some way between 8:15 and whenever she returned home, she just walks off to the bus at 3:30, with the baby & father like it's just another ordinary day? Is this their normal routine ?

If there had been problems / friction between SM & Kyron, the dad had to have been aware of that way before now, before the science fair day, so would he not have noticed her behavior being different that day, if she had done something to their child? So many questions, with each little snippet of information for me.

 

[SuziQ]

He had to make an immediate ruling. Maybe he sealed it until such time it can be reviewed by the DA to make sure there's nothing in there that would affect the investigation.

Maybe. I think if the judge sealed the files to protect the investigation the request to do so would have come from the DA. Kaine could make a standard request to seal the file because his daughter is a minor, but that's not what the judge stated.

ETA: on second thought you might be correct and the judge made that call all on his own.

 

[SuziQ]

Can someone tell me if the family statement issued without TH was done before or after the 911 call and divorce filing? I'm just wondering it was, maybe she had a huge hissy fit about not being included and started making threats that scared Kaine. I don't have time right now to read all the posts and haven't been on top of it lately so just thinking and wondering aloud.

Both were after the 911 call.

 

[Sabal]

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

 

[sorrell skye]

What is this about?
From: http://www.oregonlive.com/portland/index.ssf/2010/06/kyron_horman_stepmother.html

"Also Saturday, a 9-1-1 call came in from the Horman's home at 5:46 p.m., regarding "threats" at the property. The sheriff's office declined to allow its release, citing the ongoing investigation."

Also from same link:

In this type of case, the fracturing of the family is unusual, said Jack Levin, a criminology professor and co-director of Northeastern University's Brudnick Center on Violence and Conflict.

"In most cases of abduction or murder, the family members stick together. Even when all of the evidence points to one of them, they still believe in the innocence of the family member," Levin said. "So, when you see the kind of reaction that this family had, you have to wonder whether there might not be some validity in their perception."

 

[PickieChickie]

NEW THREAD: [ame="http://www.websleuths.com/forums/showthread.php?t=108073"]June 29, 2010: 9-1-1 call from Horman's home at 5:46 p.m on Saturday, June 26, 2010[/ame]​