channel 9 news north carolina--joshua smith (autistic child)

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findingthetruth
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19 Jul 2008, 1:58 pm

aprillove wrote:
layman's terms again, the six month deal was not important because NY had jurisdiction and had not given that jurisdiction up. so nc needed to go to ny and ask them to give up jurisdiction or send josh back to ny. ny had jurisdiction because of on-going custody in that state.

Your "layman's terms are based only on what Javan told you and he told you a stack of lies. I can say this because I know for a fact that he is lying considering that I have been involved in this all along. After one of the NC hearings, Javan was advised that Joshua was in the Virginia Treatment Center. I was in a conversation with Javan Smith at the courthouse that day in Carteret Co NC when he concocted the plan to file legal papers in Virginia, which he undertook immediately.

nc put josh in va residential home (and no this residential place was NOT for children with autism). since they only had emergency jurisdiction, when they put him in va, they lost that jurisdiction. but when texas issued the order, nc went across state lines and took josh back in order to obstruct the order. this was illegal of them. neither nc or va can be the home state as neither parent lives there. it has to be either ny or tx. ny has given up jurisdiction, so that means tx is the homestate.

NC had jurisdiction all along. Javan lied here as well but you choose to believe his lies and promote his lies.

You do not know anything about this case but what Javan tells you. I know because I have been involved in several ways.

again, i'm not a lawyer-this is my layman's understanding. it takes a thorough understanding of the uccjea to understand all this. i do not have this understanding, but just a basics. however, i have listened to lawyers speaking in this, and they are all in agreement as to how the uccjea works in relation to this case.

The Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) works to help enforce orders from one state to another so that people like Javan Smith can not go from one state to another and get different court orders than what the home state has already set down judicially. NC has jurisdiction and always did so they ARE compliant under the UCCJEA. Javan has spouted off with claims that the NC orders were bogus and they do not exist even though he has been aware of the legality and existence all along.
april
The Texas judicial system was not aware that Javan was concocting the Texas jurisdiction. The courts work on the evidence placed before them and Javan has done everything in his power to ensure that the only thing placed before them supported HIS manufactured tales.
That is precisely what all of you are doing now, trying to make sure that the other side of the story - the truth- does not come out because if it does Javan has no case, Javan has no lawsuit so Javan does not get wealthy off of a fraudulent NC law suit and thereby neither does the lawyer.

Go ahead and perpetuate the lie if you choose to act as his mouthpiece, but I will continue to speak the truth and will not be silenced by threats or manipulation. Freedom of Speech is my right as it is yours under the Constitution and I will not be silent. Javan is up against a united family both in God, in blood and in doing what is right and just. You and Javan's crew of supporters may tear us down but our Carolina spirit and righteousness will keep us moving forward. I see Javan as a coward hiding behind the skirts of women who he has chosen to do his dirty work - or was that Charles Manson - I'm so confused.



findingthetruth
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19 Jul 2008, 2:24 pm

aprillove wrote:
well, if i'm a fake, i've been a fake for a LOOONG time, as i've been on this group for several YEARS!! !!

the virginia memorandum is not relevant because there is a final order on custody plus this is a writ of habeas corpus.


april


You are being misled by a con man who sees you as just another means of attack. I am saddened that you have fallen prey to this man after the things that I have read about you and your life. Unfortunately, you are being manipulated and lied to by a man who has done this to many women before you. However, it does not matter how long you have been a member of a group online or off, it is your veracity that matters.

The Virginia Memorandum IS definitely relevant because both Virginia and North Carolina were given the OK by Joshua's mother. Everyone forgets that Joshua has a mother and she lives in NY. The NY jurisdiction was given over to NC when Javan filed in NC for his divorce from Sarah, which he had never gotten until after Joshua had been taken by NC. Sarah, as Joshua's legal and biological mother, and the last to have custody of Joshua in a court order prior to NC taking him from Javan, gave her consent to NC jurisdiction. Sarah Smith's voice has weight as Joshua's mother and her consent was also given to NC thereby strengthening NC's RIGHT to jurisdiction. Why does everyone choose to discount HER own rights when it comes to what is best for her son?!

Neither parent actually had a final order of custody prior to the divorce nor prior to Joshua being taken into custody by NC Social Services.

I hope and pray that you do not let Javan's lies continue to bring you down in his twisted world with its big dreams, he seems to have a lot of those.



findingthetruth
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19 Jul 2008, 2:35 pm

aprillove wrote:
if the moderators would like info in regards to these people, i will gladly do so.

thanks
april


April
You do not know me, nor do you know one thing about me so you are incapable of notifying the moderators of anything that has to do with me. You and Javan, along with hope4kidz and Jay's attorney are all about slandering others in order to win a case. But our country was built upon a foundation of justice that protects individual rights and freedoms. You have no right to interfere in my rights which currently falls under freedom of speech. However, you and Javan are in dangerous territory when it comes to slander and defamation. I am the one speaking truth and the attempts of you and your crew of unethical individuals to silence me will not prevail. If the moderators care to contact me I am sure they have my contact information in order to do so.

Have a blessed day.



roguetech
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22 Jul 2008, 9:26 am

aprillove wrote:
the six month deal was not important because NY had jurisdiction and had not given that jurisdiction up.[/quot]

aprillove wrote:
since they only had emergency jurisdiction, when they put him in va, they lost that jurisdiction.
There has been documentation provided that NY gave up their rights to claim jurisdiction. If this is not correct, please post counter-documentation.

I cannot understand how NC placing the child in a home or other facility in VA altered jurisdiction in any way. That would be similiar to saying if a parent were to choose to have their child attend a school in another state, they would be giving up their parental rights to the other state. If this is not correct, please post the statute that states otherwise.



findingthetruth
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22 Jul 2008, 11:24 am

roguetech wrote:
aprillove wrote:
the six month deal was not important because NY had jurisdiction and had not given that jurisdiction up.[/quot]

aprillove wrote:
since they only had emergency jurisdiction, when they put him in va, they lost that jurisdiction.
There has been documentation provided that NY gave up their rights to claim jurisdiction. If this is not correct, please post counter-documentation.

I cannot understand how NC placing the child in a home or other facility in VA altered jurisdiction in any way. That would be similiar to saying if a parent were to choose to have their child attend a school in another state, they would be giving up their parental rights to the other state. If this is not correct, please post the statute that states otherwise.


You are correct. You must consider too that jurisdiction and residency are separate issues but one affects the other. NY ceded jurisdiction to NC both in the divorce that Javan Smith filed in NC and in the custody issue involving Joshua since NC had Joshua in their possession prior to Javan obtaining his divorce. Javan was a resident of NC. He even stated this in his first filing for divorce from Sarah Smith, which he filed in NY although he claimed NC residency at that time. Actually, prior to the divorce, Sarah was given physical custody of young Joshua in a NY order but Javan took Joshua from her and left the state.

Javan again filed for divorce from Sarah in NC. Because NC Social Services already had Joshua, neither courts in NC nor NY made any decision regarding the custody issue between the parents of Joshua, Javan and Sarah Smith. NY was involved because Sarah Smith, Joshua's mother is a resident of the state of NY. There may be available in one of the county courthouses in NC the final divorce decree that lays out some of this information. I am thinking that decree will be found in one of the following counties Carteret, Onslow, Sampson, Wayne, Wake. The decree would be public information.

It was NC that placed Joshua in a care facility in Virginia based on his health and educational needs but NC retained jurisdiction over young Joshua. When Javan Smith learned after a court hearing in Carteret Co, NC that Joshua was in Virginia, Javan immediately attempted to petition the courts of Virginia to have them take judicial jurisdiction since Joshua was present in the state. Javan had hoped that he could then play his hand a different way by coercing Virginia into taking custody because Joshua was physically in the state of Virginia and then expected to have Virginia turn his son over to Javan so that he could circumvent the NC judicial system. Virginia refused to comply so Javan then went to Texas and filed paperwork there to serve upon the courts in Virginia, still trying to circumvent the NC judicial system. Throughout all of this Javan Smith was at the time a resident of NC physically residing in Sampson County, NC. I know this for a fact as I was there visiting often during this time and was in conversation with both Javan and my first cousin the registered nurse who Javan was involved with. Our entire family knows and will attest to the fact that Javan was a resident there although the family did everything in their power to convince my first cousin to make Javan leave and not permit him to reside in the family home. NC has always had jurisdiction over this case. What better primary source of information can you get than first hand knowledge from those who were there???

NC is not providing any information to anyone because the case involves a minor child and therefore the court records are protected by law. All anyone currently has to go on other than those sealed court records is first hand knowledge from others who have been a party to those things that took place. I am one of those individuals and Javan knows this that is why he attempts to have others who he has involved in his case, like April Love and hope4kidz, attack anything that I may disclose. Javan has been planning a major lawsuit all along and the Texas individuals who are helping Javan have been duped by his abilities of coercion. Javan says he has always been a resident of Texas so they believe him. They consider his case viable because he has not advised them of anything other than what he wants them to believe. He has had lots of practice at deception and now others take his banner and shout his praises even in the face of the new developments that are creeping out in this case which offer a different twist to the story.

North Carolina is the home state, the state of residency of both Javan and Joshua Smith, the state that began an active investigation because of numerous reports made to social services, the state that took custody of a minor based on the outcome of their investigation and the state that rightfully has jurisdiction.