Mom Took Kids Out Of State For Boyfriend: Judge Demands They Bring Kids Back Immediately!

[00:00:00]You know, we filed this uh motion this petition. It's a petition to establish paternity and to adopt a parenting plan.

[00:00:09]And it is there urgency has created itself in this matter as the parties have two minor children.

[00:00:17]Um and I believe the eldest is um will be six on the 22nd of this month as well as the youngest has the same date of birth and will be four um on the 22nd of this month.

[00:00:33]The parties were residents of Dickson County. Um they have had a shared >> Those children share the same date of birthday?

[00:00:39]>> They have had shared parenting of these children.

[00:00:43]The parties resided together for a number of years, a total of seven years.

[00:00:46]They split up and and couple of 3 years ago, I think 2023 they split up and they've had an equal residential schedule since that time.

[00:00:55]During that period of time, the mother has had some significant issues with drugs and different things that have gone on.

[00:01:03]Uh but the parties were working well together as far as sharing the children on basically a 50/50 residential schedule.

[00:01:10]Um unbeknownst to my client on the day my Mrs. Maule, the defendant in this case, packed the children up and moved without notice, without anything. So again, it begs the question of the parental relocation statute because again, the parental relocation statute you can interpret it a number of different ways. Um there's not been a finding of they my client never went forward and established paternity and the parties never married. But he is listed on the birth certificate and he was spending intervals of time with the children and basically had an equal residential schedule.

[00:01:48]And Mrs. Maule just packed up and moved um with her now paramour to Illinois with the children. Um Um, and it what has happened is is that my client a- actually came in prior to the move and and was thinking about filing this and then it became an emergency situation when she packed up and moved.

[00:02:08]Um, my client did go up and had arranged with her to visit with the children.

[00:02:12]He went up and picked up the children and lo and behold she got served a couple of hours after he picked up the children and he she called and threatened to have him arrested for kidnapping if he did not bring the children back immediately. So, we're here ready to go forward on a temporary adoption of a parenting plan. I do not think I will have Ms. Miles address it.

[00:02:32]I do not think paternity is an issue.

[00:02:35]His name is listed on the birth certificate. He's been held out as the parent. Um, and so again we would like to establish paternity today and at the very least establish a temporary residential schedule because she has absconded with the children.

[00:02:49]>> I have a note on the docket that a Jill Carpenter is >> And that was what I had received on Friday afternoon. I was not in the office. I was as your honor's aware I was in Knoxville attending my son's graduation. Late Friday afternoon I received a email from a Jill Carpenter.

[00:03:07]I don't I don't know Ms. Carpenter stating that she had just been retained.

[00:03:12]Um, and that she would be out of town this week and would I agree to continue this.

[00:03:17]Well, given the circumstances I was not able to communicate with her.

[00:03:21]Um, someone from her office called my office this morning um, and asked if we were going to proceed and my assistant said that yes, we were planning on proceeding. Again, because of the extra circumstances in this matter, as an officer of the court I will tell you that I had mistakenly set this matter on a day at the first of the month that was originally on your calendar but you had taken that away.

[00:03:45]So, we had communicated and tried to had I had directed my client to contact Ms. Miles to tell her not to come on that day to move it to that day. She contacted my office and spoke with my office and wanted to make sure that he wasn't trying to pull something where she wouldn't show up.

[00:04:00]My assistant stated to her that it was a that it was our error in scheduling and that um and that she acknowledged she we asked for an email address where we could follow her. She refused to give us any way to communicate with her and said that she would have her attorney contact us and that was back at the first of the month. And then I did not get notice from an attorney until again, as I said, the email on late Friday afternoon that I didn't actually look at until later on in the weekend.

[00:04:31]>> All right, Ms. Mel, you um have you actually come to the podium, Ms. Mel?

[00:04:36]Have you actually hired an attorney?

[00:04:39]>> Uh yes, your honor. Uh I I retained them on Friday. Um however, we did we received something on the 6th.

[00:04:48]They said that um her her assistant or whatever, we talked to them um and she she did advise me that they were not trying to pull anything on me on that date. Um and it was extremely rushed as well. Uh however, we uh our our attorney did say that she is out of the office today and she will not be back until next week and is asking for a continuance as well.

[00:05:18]And we do live in Illinois uh at the moment with them and their brother as well.

[00:05:25]>> All right, I'm going to take a short recess. Let me see you and Ms. Mel in this place.

[00:05:30]You can have a seat. We'll take a recess and I'll come back.

[00:05:33]>> [clears throat] >> All right.

[00:05:40]I I'm sorry, your honor.

[00:05:47]>> Well, >> [clears throat] >> um Ms. Roberts, you understand that this court always tends to try to make sure that where there's counsel involved that they are given an opportunity to participate.

[00:06:00]However, I don't think that it should be continued for a very long period of time.

[00:06:05]And with her lawyer being out of apparently out of the office, possibly on vacation, all I'm going to do is reset this for the 29th.

[00:06:15]And add it to those list of cases you already have. Now, let me say this, and this is to Ms. Maule as well as to her lawyer, and that is obviously [clears throat] both sides have the right and opportunity to parent this child. If they had an equal parenting schedule that was going on before, and I'm not saying that's what it was, that's what the argument is, then disrupting that and taking one child's I'm going to take it one parent completely out of the child's life is something that the court will have to consider in in adopting a parenting plan.

[00:06:48]So, between now and that hearing, what takes place will be evidence that the court will use in making a decision.

[00:06:55]So, I'm just giving you the advice that he's the father, he needs to have contact with this child between now and the 29th, and how you two work it out is up to you. Two children, all right.

[00:07:06]But, I'm resetting it for the 29th. It will not be reset, so if her lawyer is not available on that day, she'll need to either send substitute counsel or have someone else appear for her.

[00:07:17]>> Could Could I And again, I this is purely begging, for lack of a better way to put it, can we entice, depending on what happens, can we make sure that the children are available um for residential time after that hearing?

[00:07:31]>> I think they need to be here for that hearing on the 29th, so that this whatever takes place, that there will be at least an opportunity for the father to have visitation then, if not before.

[00:07:40]>> Yes, Shanna.

[00:07:43]>> Ms. Roberts, draw an order which says >> looks like the court's ruling.

[00:07:47]Need to tell you all your She needs to be here or have someone here on her stead on the 29th cuz we're going forward with the hearing.

[00:07:54]>> Shana.

[00:07:55]>> Thank you.

[00:07:55]>> Your Honor, in this scenario, there wasn't a notice of hearing.

[00:07:58]Wasn't a notice of hearing filed.

[00:08:01]I wanted to make sure that >> Well, I'm setting the hearing for the 29th with or without a lawyer, so All right.