Full Faith and Credit

So on Friday, Judge Jackson finally did what should have been done nine years ago.

Jurisdiction of the Sonya McCaul case is NOW in Nebraska.   Under the Uniform Child Custody Jurisdiction and Enforcement Act (or UCCJEA) the case has now moved to where it should have been all along.   John McCaul had full custody of his daughter when she was taken across state lines by her babysitter, Jennifer Gunn – armed with that custody order, Sonya has now gotten away from Tennessee.   Now the Hodgins will once more have to be given standing in this case, which as much as I can tell is not likely to happen.

Judge Jackson also managed to call the Hodgins out on all of their lies on this case.   That they knew that Sonya was not an adoptable child and that reunification had ALWAYS been the goal.

Meanwhile, let’s add to a list that is growing.

According to the Hodgins the following people are lying:
1.  Judge Jackson
2. John McCaul
3.  Phyllis McCaul
4.  DCS
5.  Anyone from Sonya is Home

Who is not lying?   The Hodgins.

The chances of that are so minimal in probability that it’s not worth mentioning.

Why wasn’t UCCJEA enforced in the first place?   That is the question.   According to the UCCJEA wikipedia page – http://en.wikipedia.org/wiki/Uniform_Child_Custody_Jurisdiction_And_Enforcement_Act (I know Wikipedia is not necessarily a valid source but used as a starting point it does work very very well) from what i can interpret the case should’ve been bounced back to Nebraska in the first place as it was where BOTH of Sonya’s parents resided.    

Those from the Hodgins camp will probably point to the Emergency Orders statute.

UCCJEA Emergency ]

So yes, Tennessee could have put in a TEMPORARY emergency order.    Only to last until they found out that there was a valid custody order in Nebraska.   The rumors abound that CPS actually DID know about the valid custody order in Nebraska – so why weren’t the courts informed?   Why wasn’t UCCJEA enforced in the first place.     Judge Jackson finally admitted he had no standing in this case and sent it back to Nebraska on his last day on the bench.

There was of course a predictable response.

JacksonJurisdiction

(Incidentally bragging that you got a judge thrown off the bench?   Before the ruling?  NOT terribly smart, but in this case, Jackson ruled against the law.   Making these people angry was a great side benefit I’m sure)

Constitutionally, this was the only ruling possible as there had been a custody order awarding Sonya to John when she was a toddler.      The Full Faith and credit clause of the constitution clearly states that all states must respect and follow the “public acts, records, and judicial proceedings of every other state.”  This is not a hard concept to follow except as is evident for the Tennessee State Court system.    DCS has admitted that they knew there was a custody order but they never looked into it.

So this mess starts with Tennessee DCS and ends with the Hodgins.    Both are at fault for the upheaval of this child’s life.   But only the Hodgins are at fault for the multiple violations of her privacy which have not been addressed by Tennessee other than a gentle reminder from their Facebook site.

 Full faith and credit is NOT a technicality.   Neither is due process.  But both will be regarded as technicalities by the crowd from Bring Sonya Home.

Ironic?   A year ago, they were all about full faith and credit.    They said that a four year old child should be returned to the adoptive parents that she didn’t remember because, oh yeah, South Carolina said that an adoption should be finalized.   Without a best interest hearing, because according to an attorney, if the child was removed illegally best interest did not apply.  

Here again, a child has been removed illegally, a best interest hearing does not apply?

“But what are they so afraid of?”

Nothing, but in a dependency case they discuss her best interest at every hearing.    Her GAL and attorney both speak for SONYA and are allowed time alone to speak with her.    They say that she is doing well, in fact, she has even gotten straight A’s in school since moving back to Nebraska!    She wants to stay with her FATHER and her grandmother, so why does anyone want to take that away?

Hopefully a gag can be put on the former foster parents very soon.   Hopefully also the nation has learned and manage to gag Jessica Munday and Trio this time.     Though why Trio has gotten involved in this case is still a mystery.

 

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5 Comments (+add yours?)

  1. Cherie Waack
    Aug 31, 2014 @ 20:56:07

    There are so many questions on who knew and failed to follow on the Nebraska custody order. What a shame that this child was denied her family the past 8 years. During that time her maternal Grandmother begged to see her granddaughter one last time. She died never having that wish granted by the fosters. Sonya is doing well. The McCaul family is moving forward. Truth is no one no matter how they feel about this can give them those 8 missed years back.

    Reply

  2. lucrezaborgia
    Aug 31, 2014 @ 22:27:19

    If the judge wasn’t presented with the custody order then how could he have ruled on it? How our judicial system works is a mystery to many people unfortunately. Judges typically base their rulings on what evidence and arguments have been presented to them. It is not their job to do the lawyering for either side. ICPC and UCCJEA are mystifying even to seasoned family lawyers and CPS officials.

    Reply

    • gailfarrington
      Sep 01, 2014 @ 11:26:52

      DCS had said they were aware of the order but didn’t choose to investigate it.

      There is also a statement that it is mentioned in the Court of Appeals ruling – I will look that up and verify. It’s a mess all around! Nebraska should’ve had custody from the get go and Tennessee is looking very very incompetent for their handling at the start of the case.

      Of course if her caseworker at the time was the woman on TV, Markiel Ribbins…

      Well, that truly does explain a lot of unprofessional behavior and ethics violations.

      Reply

  3. canne
    Sep 01, 2014 @ 00:56:34

    In light what is written I am so sorry for this child. She lost 8 years with her true family. She is subjected to a media circus that is unbelievable. I hope Nebraska can do what Tennessee could not do and place a gag order on the former fosters and their media machine. This child is happy and has adjusted time to gag the media that so impacts her with hate

    Reply

  4. dee
    Sep 01, 2014 @ 15:42:55

    It’s clear Munday and her employees will support adoption no matter what laws were broken to support it. Interesting how so many South Carolina people are on the side of the adoption of a Nebraska girl….

    Reply

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