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

[Dr.Fessel]

Thing to remember is this is an emergency restraining order, TH and KH will have to go to court and present their sides in a restraining order hearing. That is where they will have to "put up".

 

[WhyaDuck?]

He's still a minor, so no that wouldn't be up to him. If he's in danger his guardian can still file a RO against someone. But Kaine doesn't have any custody rights to her other son so he couldn't file to keep her away from him. That would be up to the biological father.

The older son was adopted by TMH's second husband, IIRC, so I am not even sure it would be up to the biological father, even though he has had some temporary custody with the boy and the adopted father doesn't, IIRC. What a mess.

___

ETA:

I found the article where I got this from (I've edited the names and details):

TH ... went to Umpqua Community College, where she met her first husband, RT. They married in 1991 in Roseburg.

Their son, J., was born...

By that time, though, she had moved on. In 1996, she married RE in Springfield. He adopted J. two years later. E, who now lives in the Portland area, continues to pay ... in monthly child support for J., though he's not seen him in six or seven years.

"He's still my legal son," E said.

<snipped>

Mainly, their relationship has consisted of exchanging kids. Once a month, they would converge ... in Springfield and do a swap, with J. staying with T. and his new wife, and Kyron going with DY and her husband.

From here (and the next page, as well):
http://www.istockanalyst.com/article/viewnewspaged/articleid/4230737/pageid/1

(Originally in the Oregonian.)

So, not a huge detail - I just wanted to make my sources transparent.

(Edited to make it clear that I am not sleuthing J., but clearing up whether or not KH would have the ability to file an RO on his behalf. Sleuthing J. is against protocol.)

 

[6angels]

I know. I wonder to. Thats like banning someone from the mall, because they also shop there.

She has no child at the school ( Kyron as much as she may want to think is not her legal child)
They probley b oth have Gym memberships meaning it would be best if she is banned so he ( the victim) can enjoy his membership. JMO

 

[crystalgenie]

I just hope the public pressure of these docs doesn't force LE's hand: "We have to arrest her b/c now everyone wants/expects us to," etc.

Example: Hasanni Campbell's fosterparents were arrested in his case on a lot of suspicion but no evidence strong enough for prosecution. LE arrested them to force a confession, I think, and b/c of public pressure and their own beliefs - but not enough to hold them. LE was forced to release them. And that's the last action ever taken in the case, and it's gone cold. No Hasanni. No trials. Nadda. This was nearly a year ago.

If LE rushes, it's not a good thing, IMO.

If it does force an arrest I will completely lose faith. The LE has a LS person who says this happened but no proof that it did. He said/she said.

 

[Aedrys]

Thing to remember is this is an emergency restraining order, TH and KH will have to go to court and present their sides in a restraining order hearing. That is where they will have to "put up".

Hmmm. That makes me think they might not arrest her until after the hearing. She couldn't fight a restraining order from jail, could she? Maybe LE is allowing this to go on to give them more time to build their case. Isn't the hearing for this next week, July 13th? I could be wrong.

ETA: Apparently the hearing is on July 22nd.

 

[JSR]

The older son was adopted by TMH's second husband, IIRC, so I am not even sure it would be up to the biological father, even though he has had some temporary custody with the boy and the adopted father doesn't, IIRC. What a mess.

Oh really? I didn't know that. Yes basically his legal guardian (whoever that might be) could file.

 

[crystalgenie]

She has no child at the school ( Kyron as much as she may want to think is not her legal child)
They probley b oth have Gym memberships meaning it would be best if she is banned so he ( the victim) can enjoy his membership. JMO

Two different gyms 24 Hour Fitness (TMH) and The Edge Gym (KH). She isn't allowed at the Edge.

 

[GrainneDhu]

I am still rather surprised that a judge signed that based on that form alone, shouldn't there be something from LE stating his statements of LE's probable cause are true? Even the lawyer's letter doesn't mention LE so KH's statements are not really substantiated by anyone from what I have seen released.

I'm not a lawyer and I am not in any way familiar with Oregon law.

I do know that in my state, all that would be needed is the petitioner's allegations (the forms released as PDF today) in order to get a Temporary Restraining Order (TRO).

When the respondant (TMH) requests a hearing on the matter, then the petitioner (KH) must provide evidence such as statements from LE, etc.

The reason the law was written that way in my state is deliberately to make it easy for someone who is in fear of violence from another person to get a TRO. The disincentive for lying by spiteful persons is that there will be a hearing at which evidence must be presented and there are stiff penalties if such evidence is not produced.

 

[Trident]

I just hope the public pressure of these docs doesn't force LE's hand: "We have to arrest her b/c now everyone wants/expects us to," etc.

Example: Hasanni Campbell's fosterparents were arrested in his case on a lot of suspicion but no evidence strong enough for prosecution. LE arrested them to force a confession, I think, and b/c of public pressure and their own beliefs - but not enough to hold them. LE was forced to release them. And that's the last action ever taken in the case, and it's gone cold. No Hasanni. No trials. Nadda. This was nearly a year ago.

If LE rushes, it's not a good thing, IMO.

ITA because I want the guilty party, whomever it may be, punished. However, I believe LE put the onus on themselves when they rushed into that ill-advised sting. Now, maybe we'll see if they have any EVIDENCE that the landscaper is telling the truth. If not, I'd like them to start looking at other scenerios in connection with Kyron's disappearance.

:cow:

 

[BetteDavisEyes]

I don't understand how she can be banned from any public place, if true. Perhaps while he is there, but not totally. I suppose the gym owner could ban her, if he wanted to. It is absurd to think that Kaine could have her barred from any place he might also frequent, as long as not at the same time.

BBM. Presumably, there is a membership fee to belong to the gym, so I'm not sure that it is a "public place". Non-members can't just drop in to the facility like they can go to a supermarket or a dry cleaners. Many years ago, there was an incident where the owner of a ballet school where my DD and I took classes banned a student and her parents. I don't know if there was Court involvement, but I knew about this girl not being allowed on the premises. jmo

 

[evelyn24]

I'm assuming that KH has no legal custody of TH's son. Likewise, TH has no legal custody of the missing child. Therefore, those two children cannot be legally included in the RO. Only the child where both KH and TH had legal custody is addressed.

Yes! That's it. BTW, Welcome to WS!

 

[Dr.Fessel]

Hmmm. That makes me think they might not arrest her until after the hearing. She couldn't fight a restraining order from jail, could she? Maybe LE is allowing this to go on to give them more time to build their case. Isn't the hearing for this next week, July 13th? I could be wrong.

What would be wild is if one of them calls the landscaper as a witness.

 

[Trident]

He's still a minor, so no that wouldn't be up to him. If he's in danger his guardian can still file a RO against someone. But Kaine doesn't have any custody rights to her other son so he couldn't file to keep her away from him. That would be up to the biological father.

Wouldn't it be up to his adoptive father, Mr. Eker/Ecker, the one who's been paying child support all these years? I wonder if he's still paying now that J lives with his bio father.

 

[evelyn24]

Thing to remember is this is an emergency restraining order, TH and KH will have to go to court and present their sides in a restraining order hearing. That is where they will have to "put up".

Ah yes, just like an emergency temporary custody order. It's just until a hearing takes place.

 

[debs]

I'm unclear........he marked the box that says Terri is living in his house, owned solely by him......why doesn't he go all the way and have her removed from the family home so that baby K at least can have a semblance of normalcy?

 

[PortlandMama]

Looks to me like the original posting showing the full RO has been yanked; reposted with addresses/phone numbers now completely blacked out. I guess in their rush to post, they were less than thorough the first time.

Here's the new link: http://www.kptv.com/download/2010/0708/24187664.pdf

 

[GrainneDhu]

I'm sure you're right, but since I heard she had lost visitation to BOTH her children, I checked the RO out and saw nothing about the son. So, does this mean another RUMOR put to rest?

You're a very optimistic person, aren't you?

(sorry, couldn't resist)

 

[LaceSprocket]

Is it just me or does the wording on this RO sound a little vague? :waitasec:

It doesn't really say anything we didn't already know, suspect, or assume. The only breaking story here is confirmation that Kaine believes what the rest of us have been suspecting all along.

 

[Chili Fries]

I'm unclear........he marked the box that says Terri is living in his house, owned solely by him......why doesn't he go all the way and have her removed from the family home so that baby K at least can have a semblance of normalcy?

Because he doesn't want her to know where he is. You'll notice his address on the RO is that of his lawyer, not where he is staying.

 

[The_Flashlight]

I'm unclear........he marked the box that says Terri is living in his house, owned solely by him......why doesn't he go all the way and have her removed from the family home so that baby K at least can have a semblance of normalcy?

That was my question. He could still boot her and stay where he is and let LE do a major thorough search for evidence.