UCC 1-308 When Signing Custody Papers

[sheisaceo]

Originally Posted by farmer_giles_of_ham

All jurisdiction starts w/ service of process- for a civil matter that means 'papers', so if you avoid this service no jurisdiction.

Also in re family court: the local authority has jurisdiction over children with a "significant contact" to that zone. So always be a stranger.

For example Protection From Abuse orders only start upon 'notice'. Abate for misnomer.

Farmer, I am not stepping on your turf but by avoid you mean refusal for cause, yes? I know I had difficulty associating the two myself.

[farmer_giles_of_ham]

Originally Posted by sheisaceo

I am not stepping on your turf

Just watch the veggies- I am a Farmer, you know.

R4C is one way to 'avoid service'. Literally not being served is another. Or R4C'ing on the spot- decline the attempt to serve the papers.

It is civil, so if "asked" are you so-and-so, just say 'no'. And/or 'I decline your offer' + 'I dont know what you are talking about'- civil is not arrestable.

'Cuz they is gonna try to incorporate any name you give as an alias for the Defendant.

And they will lie, and say they served you anyway- so R4C by mail comes back to play.

Here is my favorite R4C link:

http://www.peoples-rights.com/doc7Letters.htm


the other lack of jurisdiction issue for civil is Venue. Especially as to Family Court- this is entirely dependent on "significant contact", like "residence". There are a lot of counties out there, and many more states and countries still; which one is the appropriate place to claim 'domestic relations'?

[tashy4]

first off thank you to everyone who answered, I get some ideas that can be helpful, but my concern is that after spending multiple hours here I only have a slight inkling of what is being said. Not sure how much benefit this would be for her.

I am just trying to figure out other options that are available. Here are some more details. There is currently a temporary custody order in place which was signed by her with her signature (no without prejudice etc) In doing so she has acknowledged the courts jurisdicition and it seems the court is ready to rule against her.

So if she signs without prejudice or under duress it will not be allowed as evidence, per previous post, does this mean in layman's term the "agreement" "order" does not exist? And if so does it just revert back to the temporary order? If not what happens, would her attorney be able to file a new temporary order?

Thank you again for all your assistance.

[trooper2ls]

1-308 doesn't exist in New York. 1-207 does. You need to check your state for specific adaptation of the U.C.C. If you signed "without predjudice UCC 1-308" in New York... it wouldn't mean anything.

One problem with the internet is there is a lot of information floating around out there that may not be entirely accurate for your location. For peace of mind, always do your own research from official sources before proceeding with any actions. Don't just take someone's word for it. Writing a letter with your question to your state attorney general can also generate an accurate response to your issue based on your location.

..J

[sheisaceo]

Originally Posted by tashy4

first off thank you to everyone who answered, I get some ideas that can be helpful, but my concern is that after spending multiple hours here I only have a slight inkling of what is being said. Not sure how much benefit this would be for her.

I am just trying to figure out other options that are available. Here are some more details. There is currently a temporary custody order in place which was signed by her with her signature (no without prejudice etc) In doing so she has acknowledged the courts jurisdicition and it seems the court is ready to rule against her.

So if she signs without prejudice or under duress it will not be allowed as evidence, per previous post, does this mean in layman's term the "agreement" "order" does not exist? And if so does it just revert back to the temporary order? If not what happens, would her attorney be able to file a new temporary order?

Thank you again for all your assistance.

Being the attorney, any attorney, works for the state then she would do better to file her temporary order herself and just to keep trying until she gets the rhetoric right. She can keep doing it until then but it is advisable to do homework first.

FYI, if she tries to get an attorney to do this for her, it will be stall after stall and more money, etc. because he does not want to infringe upon his bar associate buddy regardless of whether they even know each other or now. Remember this is a system and the conflict of interest.

The temporary order remains static until someone initiates a hearing and that would have to come from her then because the temporary order can be extended every 20 days or so depending on jurisdiction. In fact, because of that, she might want to call the county recorder and see if the term has expired and if so then get a statement from the county recorder saying so and then can show up on exs doorstep with new orders of her own....and the local civil standby.

[tashy4]

Wouldn't getting a new temporary order require the signature from the other party. The current order was one which was "agreed" upon by her and her ill advised lawyer. So if I am understanding this correctly she could in theory call the recorder office and if the temporary order which was placed almost 1 year ago has since expired she could submitt a new order to the court giving herself primary rights? And the other party would only be advised by this once she picked up the children?

[tashy4]

Also, does this mean that once the cour order comes out and a without prejudice is used the "settlement" is not valid and there would be an opening to have a new temporary plan? put into place correct? How soon after her attorney files the paperwork would she be able to file a new temporary plan. As the way I see it with the perception that there is now a new permanent plan (not so in this case correct?) therefore the temporary plan is no longer valid meaning there is no open custody order thus meaning she can in turn file new temporary orders.

[sheisaceo]

Originally Posted by tashy4

Wouldn't getting a new temporary order require the signature from the other party. The current order was one which was "agreed" upon by her and her ill advised lawyer. So if I am understanding this correctly she could in theory call the recorder office and if the temporary order which was placed almost 1 year ago has since expired she could submitt a new order to the court giving herself primary rights? And the other party would only be advised by this once she picked up the children?

In one word...YES.

[sheisaceo]

Originally Posted by tashy4

Also, does this mean that once the cour order comes out and a without prejudice is used the "settlement" is not valid and there would be an opening to have a new temporary plan? put into place correct? How soon after her attorney files the paperwork would she be able to file a new temporary plan. As the way I see it with the perception that there is now a new permanent plan (not so in this case correct?) therefore the temporary plan is no longer valid meaning there is no open custody order thus meaning she can in turn file new temporary orders.

When you have a new party as Plaintiff, assuming she was Defendant prior, the orders always start out as temporary because these are signed ex parte. A hearing is required to make the order permanent. What she would do is to present her motion to a district court (criminal) judge singularly and convince him that her rights have been violated enough as parent to warrant the action. When the temporary orders are in place, these supercede all previous orders without nullifying until the permanent orders are in place or the expiration of the temporary orders with whichever comes first.

Truthfully, I doubt her attorney will do it without some BS because of the good old boy system as they do favors for each other and not their clients which means that he will stick her with a large invoice for nothing, FYI.

Without prejudice here, is rather moot, because she is the attacker then. She would use without prejudice in signing any documents served to her to later appear in court and not be used against her or to where she can return these refusal for cause instead of. Definitely continue to sign without prejudice to anything regardless.

[tashy4]

When you have a new party as Plaintiff, assuming she was Defendant prior, the orders always start out as temporary because these are signed ex parte. A hearing is required to make the order permanent. What she would do is to present her motion to a district court (criminal) judge singularly and convince him that her rights have been violated enough as parent to warrant the action. When the temporary orders are in place, these supercede all previous orders without nullifying until the permanent orders are in place or the expiration of the temporary orders with whichever comes first.

Currently the court hearing the case is a county superior court, would she go to a different court to file her new motion, or would she file with the same court? Also so I understand, she can't just write a motion, order and submitt it to the court she has to have a hearing to be heard first? How easy/hard would it be to convince the judge her rights have been violated?

My concern is that if she goes and files a new temporary plan that the judge won't hear it right away and therefore the other party will be notified and the lawyer will come in and take over. As she is not fully versed in the law, and neither am I, I am not sure how well she would be able to counter any argument made by the other lawyer. She is currently trying to get a hold of the recorder to see if the temporary order has expired or if it has been renewed. She has been getting the run around from them any suggestions as to what to say? Also in getting this information will either lawyer hers or other be notified, that someone inquired about the status?