WA WA - Sky Metalwala, 2, Bellevue, 6 Nov 2011 - #14

[Cubby]

So, here is something that crossed my mind today...If Julia passed Sky off to a relaive because she could not handle raising him and did not want SM to have him, the only thing she could be charged with is filing a false police report. SHe has sole custody and can make whatever living arrangements she wants to. I know way think this is ok, but another reason she could be remaining silent. She and SM never reached a visitation or custody agreement, so in she and her attorney's eyes she can only be charged with what I mentioned.

Do I agree with this...He** no!!! Wasting resources and putting people through anguish is sick, disgusting, and immoral.

I am curious to know the truth and I think of Sky often. I pray he is alive and well somewhere as I do all children who have disappeared. I cannot understand what this world has come to and the evilness in it.

She does not have sole custody. She was married when she had her children. Their divorce was not finalized so they still shared whatever the state law is for married couples. Legally they were still married when Sky went missing so both have whatever the married parents have custody wise. SM simply lost visitation rights due to Julia's false allegations. He NEVER lost his legal custody rights.

 

[Magdalyn]

If something did happen and Sky is not alive (my belief) then the mere act of disposing of him would have been a horrific trigger for her OCD IMO. Can you imagine, being ruled by a need for clean and germ freeness, and then having to handle your child's corpse??

I agree, that alone was probably enough to be difficult. The rest of the disposal would more than likely involve not getting any "dirtier". Then again, the mere act of handling a corpse may have been so distasteful that any further "contamination" such as dirt or mud etc may have seemed like nothing compared to that.

ie. I am contaminated already, so let's just get done what needs doing and then I will go home and spend hours and hours decontaminating myself.

I had not thought of the logistics for someone such as JB to accomplish disposal. My wheels are turning now.

She seemed to have a lot of plastic storage bins in her house, if I recall correctly. I've had the thought that she (so sorry sweet Sky) binned him up in an airtight container and asked her brother of she could borrow his car. Wait til M is sleeping, leave her home alone and go on a late night dumping expedition. I have no idea where that would be. I have wondered if she would have access to a storage facility somewhere....

 

[ilovepierre]

If she did in fact copy her crime from SVU, Sky is going to be in or near a body of water. I don't know how far away she lives from a lake or river, though....

 

[pferrin]

I believe there is alot of water fairly close by.

 

[gitana1]

So, here is something that crossed my mind today...If Julia passed Sky off to a relaive because she could not handle raising him and did not want SM to have him, the only thing she could be charged with is filing a false police report. SHe has sole custody and can make whatever living arrangements she wants to. I know way think this is ok, but another reason she could be remaining silent. She and SM never reached a visitation or custody agreement, so in she and her attorney's eyes she can only be charged with what I mentioned.

Do I agree with this...He** no!!! Wasting resources and putting people through anguish is sick, disgusting, and immoral.

I am curious to know the truth and I think of Sky often. I pray he is alive and well somewhere as I do all children who have disappeared. I cannot understand what this world has come to and the evilness in it.

She would very likely be subject to a custodial interference charge under section 2 of the law: http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.40.060

(2) A parent of a child is guilty of custodial interference in the first degree if the parent takes, entices, retains, detains, or conceals the child, with the intent to deny access, from the other parent having the lawful right to time with the child pursuant to a court-ordered parenting plan, and:

(a) Intends to hold the child permanently or for a protracted period; or

(b) Exposes the child to a substantial risk of illness or physical injury; or

(c) Causes the child to be removed from the state of usual residence.

I don't believe she did that at all. It appears she is very attached to her daughter and she lost custody of that daughter after Sky went missing.

Right. And the likelihood that custody of her daughter will end up with Solomon soon, is very high. Such a scenario makes no sense.

RBBM

She has legal "custody" of the children according to court documents, but the very act of giving her child away would be giving up the physical custody of the child. She can keep the care and custody of their children but she is not solely legally able to give the "care and custody" of the child(ren) to someone else besides their Paternal Father. Especially when the Bio-Dad is contesting the court action to have his children placed with her. IOW . . . she has court approval to "keep" the children but she does not have court approval to "give" the child(ren) away to someone other than their Father. Furthermore, if she did that and collected the child support for those children, it would be considered fraud - as the money is for the care of the children and it is to follow the children.

I think she'd get charged with more than filing a false police report- or at least she would have to make restitution for all the money LE has spent on this, wouldn't she? Also they were involved in a mediation regarding custody, where she was told she could not travel to Scottsdale with the children, or take them out of the country.

She does not have sole custody. She was married when she had her children. Their divorce was not finalized so they still shared whatever the state law is for married couples. Legally they were still married when Sky went missing so both have whatever the married parents have custody wise. SM simply lost visitation rights due to Julia's false allegations. He NEVER lost his legal custody rights.

Okay, so we don't know whether Solomon had legal custody rights at the time of Sky's disappearance, or not.

Legal custody generally means the right to be a part of decision making when it comes to the child. It does not mean one's constitutional "parental" rights which may severed by a juvenile dependency court.

So, in family law or guardianship cases, when custody, either physical or legal is taken from one parent, it is not looked at in the same way as severing one's parental rights and allowing the child to be put up for adoption.

In this case, since Solomon lacked any physical custody and didn't even have visitation or parenting time at all, it is quite likely that Julia had sole legal as well as sole physical.

It is possible, though, that he retained legal custody even though he lacked physical custody.

Nevertheless, either way, I think she can be charged with custodial interference, because it appears that orders may have been issued preventing her from leaving the state with the kids (in California, such an order is automatic upon filing and serving a summons and petition), and because, although Solomon did not have parenting time at that moment, that was contemplated once he completed various programs.

Also, trial was pending in their divorce matter and custody and visitation orders were to be adjudicated at that trial. Thus, any orders Julia had were temporary orders, pending trial. So, she lacked the legal right to run off with the child or to move him out of state or hide him until and unless the court made those orders permanent, at trial.

 

[Adrienne37]

Thanks as always for your clarifications Gitano! It's appreciated!

 

[Cubby]

Kind of OT - but keeping SM and M in my prayers for tomorrow's court hearing.
Praying she is home with her daddy full time and permanently before Christmas.

As always praying Sky comes home soon.

 

[etkay]

If she did in fact copy her crime from SVU, Sky is going to be in or near a body of water. I don't know how far away she lives from a lake or river, though....

There are a number of lakes nearby - Lake Washington, Lake Sammamish and several more ranging in size. Her brother lives near the Seattle Waterfront - Puget Sound - but other than possibly some place on Harbor Island, it would seem pretty likely she'd be seen. (btw - the thought of it makes me sick - we're literally surrounded by water and mountains).

 

[ilovepierre]

Oh no
I really hope Sky wasn't dumped in water. His body would never get found....

 

[Stripehaven]

"In fact, one of the places searched was Kingsgate Park, directly next to the house where the boy's father Solomon Metalwala is staying with his brother. The park is approximately 10 blocks from the park and ride and on the opposite side of Interstate."

http://www.redmond-reporter.com/news/134973423.html

BBM - Did you live on the same side as SM's brother or across the interstate from there?

I lived next to the park n ride, not the park I'm sorry if I wasn't clear. It was just south of the PnR, west of the interstate.

 

[Cubby]

Sky's mother has refused to speak with investigators since giving her initial report about his disappearance.

http://www.katu.com/news/local/Police-renew-push-to-find-missing-2-year-old-boy-134972793.html


Innocent parents do not refuse to speak with law enforcement regarding their missing child.

Sky has now been missing for 4 weeks and a day.

Where are you Sky?

 

[Adrienne37]

God bless Solomon for keeping Sky's name and face out there. Praying that he and M are reunited after the hearing today.

 

[SurfieTX]

ChrisDaniels5 Chris Daniels
Solomon Metalwala arrives at court hearing, could determine custody of his daughter. Sky still missing. #searchforsky

pic.twitter.com/RfuMdqel

5 minutes ago

 

[nursebeeme]

http://mynorthwest.com/11/588344/Father-of-missing-boy-seeking-custody-of-daughter

 

[nursebeeme]

Bellevue Police more have searches planned, and in the next few days a website will be launching to encourage people to leave any tips or information as well.http://www.king5.com/news/local/sky...earching-Kingsgate-Park--Ride--134965793.html

 

[Cubby]

Police are skeptical of Biryukova's story.

http://mynorthwest.com/11/588344/Father-of-missing-boy-seeking-custody-of-daughter

 

[cocomod]

Police are skeptical of Biryukova's story.

http://mynorthwest.com/11/588344/Father-of-missing-boy-seeking-custody-of-daughter

Me too police, me too!

 

[pdxmama]

She would very likely be subject to a custodial interference charge under section 2 of the law: http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.40.060



Right. And the likelihood that custody of her daughter will end up with Solomon soon, is very high. Such a scenario makes no sense.







Okay, so we don't know whether Solomon had legal custody rights at the time of Sky's disappearance, or not.

Legal custody generally means the right to be a part of decision making when it comes to the child. It does not mean one's constitutional "parental" rights which may severed by a juvenile dependency court.

So, in family law or guardianship cases, when custody, either physical or legal is taken from one parent, it is not looked at in the same way as severing one's parental rights and allowing the child to be put up for adoption.

In this case, since Solomon lacked any physical custody and didn't even have visitation or parenting time at all, it is quite likely that Julia had sole legal as well as sole physical.

It is possible, though, that he retained legal custody even though he lacked physical custody.

Nevertheless, either way, I think she can be charged with custodial interference, because it appears that orders may have been issued preventing her from leaving the state with the kids (in California, such an order is automatic upon filing and serving a summons and petition), and because, although Solomon did not have parenting time at that moment, that was contemplated once he completed various programs.

Also, trial was pending in their divorce matter and custody and visitation orders were to be adjudicated at that trial. Thus, any orders Julia had were temporary orders, pending trial. So, she lacked the legal right to run off with the child or to move him out of state or hide him until and unless the court made those orders permanent, at trial.

Thank you for this info gitana, love your posts.

BBM - I have been wondering about this since reading about the Skelton boys case. Their dad has been charged with unlawful imprisonment for not returning the boys to their mother after having them for Thanksgiving. Unfortunately, him being in jail hasn't gotten him to give any information about the boys but I was wondering if JB could be arrested on a similar charge, although I'm not confident that she would confess anything either. I just hate the thought of hiding away somewhere cleaning to her hearts content when she should be sitting in jail, IMO.

 

[Cubby]

Thank you for this info gitana, love your posts.

BBM - I have been wondering about this since reading about the Skelton boys case. Their dad has been charged with unlawful imprisonment for not returning the boys to their mother after having them for Thanksgiving. Unfortunately, him being in jail hasn't gotten him to give any information about the boys but I was wondering if JB could be arrested on a similar charge, although I'm not confident that she would confess anything either. I just hate the thought of hiding away somewhere cleaning to her hearts content when she should be sitting in jail, IMO.

I'm not gitana, but I asked the same questions with the same example/Skelton case somewhere in one of these threads. gitana explained the difference as JB claiming abduction when in the Skelton boys case dad claims he handed off to someone. She explained in order to hold JB on custodial interference they would have to prove she handed Sky off to someone.

hth, and you might want to search gitana's posts for her exact wording.

 

[belimom]

I wonder if LE does not want to charge mom yet with anything at all b/c she really seems fragile - and if she completely has a breakdown, then there may never be answers about Sky. I don't really think she's gong to give any info anyway, but... it just seems to me like LE is treating her with kid gloves. OTOH, if she were to have a complete breakdown, then she may in fact reveal more info that way... Where are you, Sky?