Return Josh


http://hope4kidz.com/


Tuesday, June 3, 2009
ENOUGH IS ENOUGH!
IT'S TIME JOSHUA BE RETURNED TO HIS PARENTS NOW!

Memo from John Richardson, Associate with Lien and Bond Investigative Services, LLC

We are looking for some help to recover a child and return him to his father who resides in Texas. Below is a link to a web site. Once you go to the link, on the upper left corner it states, "Joshua Smith". Click on the link and it will take you to a synopsis of what has happened to date. It also has all the documents that are applicable to this case. What I do not see is the UCCJEA. I have attached a link to that as well. The UCCJEA is what we are basing our recovery efforts on.

We are really hoping for some local media help to pressure the DSS to follow NC State Law as well as the Federal UCCJEA. Even if it's writing a letter, making a phone call, or passing the word to others you know, every little bit will help.

John Richardson
Lien and Bond Investigative Services, LLC
Alfonso R. Trujillo and Associates, PLLC
1859 N Rosemont, Mesa, Arizona 85205

480-505-0099/2170

Here are the bottom line facts: http://hope4kidz.com/

Here is the law the investigators are working with (UCCJEA):http://www.law.upenn.edu/bll/archives/ulc/uccjea/final1997act.pdf

can you help? yes you can!

I know this story sounds incredible. Too incredible to be true? Hardly. In fact, the closer the family gets to getting Joshua back, the more incredible things get. The corruption of the DSS in North Carolina puts organized crime to shame. Javan and April need help with the expenses needed to recover their son. They have already spent around $250,000 over the past three years and North Carolina still will not return Joshua to them. Please help if you can. Any kind of help will be appreciated; even donated frequent flyer miles. Please contact Mr. Richardson above. You can also contribute directly at the Hope4Kidz web site. ~Ben




Sunday, December 21, 2008

An open letter from Ben Bennett, 
Project Coordinator for the 
Indiana Home Educators' Network

Contact: ReturnJosh@ihen.org

This is a tough thing to explain. I am not involved directly. My name is Ben Bennett. I am a father of four. I am a co-manager of IndianaHomeschoolers, a statewide discussion list (e-list) for homeschoolers. I am also the Project Coordinator for the Indiana Home Educators' Network, which manages the IndianaHomeschoolers e-list and facilitates a social networking for Hoosier Homeschoolers.

As an organization, we don't advocate, but rather encourage independent thought, debate and action on common issues that affect parents who home educate. Many of these issues tend to dovetail with parental and family rights issues. I am personally using this forum to try in my small way, to help out a person who has been a friend to our network for several years. This is not to be construed as an endorsement or approval of anyone else associated with IHEN, IndianaHomeschoolers, our subscribers or any other web project managed by the volunteers of IHEN. I encourage everyone reading this to act of their own free will, and as their hearts and minds dictate.

The person involved in this story is April Love, a long-time subscriber to our list. She is autistic. She is a published author. She is newly married to Javan Smith. Javan's son, Joshua has been in the custody of North Carolina's Child Protective Services for two years. His illegal abduction and continued detainment is the subject of these posts.

The short story is that Javan's son was taken from him by North Carolina DCS (Department of Children's Services) while he and his father was visiting NC on business. (They live in Texas) Two years and several court cases later, judgment was passed that required NC to return Joshua to his father and new stepmother (April.) North Carolina is refusing to follow the court order.

I'm publishing these pages in an attempt to help people catch up on this issue, become informed, and hopefully be lead (as individuals) to action.

Below are some lightly edited posts from our e-list, sent by April Love, the wife of Jay Smith, explaining new developments and including a brief synopsis of the story. As I wrote above, April is autistic. This is why the punctuation of her posts appears as it does. She is the author of at least two published books, so don't let the writing style create a wrong impression. I needed to keep the story in her words, so that my emotions on the issue won't confuse the story.

As a father of four children, I haven't a CLUE what I would be doing if one or more of my children were kidnapped by the state for two years... not even knowing if the child were dead or alive.

Nevertheless, I will publish these notes, and ask people to please spread the word about this case to whomever will listen. Search your hearts for actions you personally can take. I'm not going to tell people what to do, nor am I going to presume what April and Jay need right now. I will leave April's e-mail address in these posts, but please only write her if you are able to offer direct assistance in some manner. If you have general questions or comments, you can send them to this address: ReturnJosh@ihen.org and I will try to answer, or get an answer and post it here. But if you know of something you can do now, don't hesitate to write her. They need action, as well as your prayers.

discussion thread: december 18 through 21 via the IndianaHomeschoolers discussion list

(We hear of good news, yet bad news, as NC authorities refuse to follow the court orders to return Josh to his father.)

________________________________________________________________________
2b. Important news on the joshua smith case
Posted by: "april" sacbilove@compuage.com sacbiloveapril
Date: Thu Dec 18, 2008 1:14 pm ((PST))

I have news on the Joshua smith case. There was an appeal in the nc case. We got news today that javan WON this case. Here is a link to the opinion

I had jay explain it to me in layman's terms. Basically they have said that all of nc's orders must be dismissed because NC cps did not communicate with ny who had jurisdication. This means that Joshua should be turned over to javan, especially since he has a final order in texas giving him custody.

His lawyer called cps to talk to them about getting josh. They are REFUSING to give up custody!!!

They are saying that they are maintaining temporary custoday and that they are NOW going to communicate with ny to get jurisdiction. Basically they are wanting to start the whole process all over again, in spite of their own's states court order. Keep in mind that josh was taken APRIL 2006!!!!!!!!!!!!

This is ridiculous!!! We have went from elated today to outraged, and I have cried a lot!!!

We need help. Of course we will keep hammering legally, but his lawyer was saying that it could take another year or two!!!! The only other thing we know to do is try to pressure them to comply with their own state's orders.

Please, if you pray, please pray (no offense to those who don't). please spread this link and this story to everyone you know. There's also still the youtube video up about the writ of habeas corpus which was also defied (search under "texas north Carolina"). And if you feel lead to, call every media or politician or anyone else you can think of and raise cain about this, especially in nc or texas.

We need help. Maybe if we can get this in the media and get the public behind us, we can pressure them to comply. The last time we tried this with the writ, a smear campaign along with threats/harassment followed. Please help us if you can.

________________________________________________________________________
2c. another update
Posted by: "april" sacbilove@compuage.com sacbiloveapril
Date: Thu Dec 18, 2008 1:14 pm ((PST))

i forgot to mention that this case is now even more important to me as jay and I are now married and I am josh's step mom.

________________________________________________________________________
2d. Re: Important news on the joshua smith case
Posted by: "april" sacbilove@compuage.com sacbiloveapril
Date: Thu Dec 18, 2008 7:28 pm ((PST))

That office basically ignored me and wouldn't even take down the cause numbers so the gov can look at it.

Here are the cause numbers:
Texas final order: 2007-CI-00854
Writ of Habeas Corpus: 2008-CI-08302
NC Court of Appeals: COA08-576

Please, if you feel led, call anyone you can with these and raise a ruckus. Please

________________________________________________________________________
2h. Re: another update
Posted by: "april" sacbilove@compuage.com sacbiloveapril
Date: Thu Dec 18, 2008 10:16 pm ((PST))

Jay has been working all day and is still making phone calls. I have been e-mailing and phone calling. We are trying to some how find the right people to talk to who can do something about this. I have called the governor's office with the cause numbers, but they passed the buck. I have called numerous people in nc and have more calls to make tomorrow. I have also called numerous people in texas and have more to do tomorrow.

What they are doing is illegal. Nc dss can not appeal this decision under uccjea, pkpa, and north Carolina state law. They are basically defying their own court of appeals.

It's so very frustrating. We have the texas final order, the writ of habeas corpus, and now nc court of appeals all ruling in our favor, and yet these legal documents are worthless because we can't get people to enforce it.

We're not giving up though!!!! Even as late as it is we are STILL making phone calls. We will not stop until someone looks at these orders and steps in and returns josh. If I have to get on the internet and find the number to every newspaper, radio, and tv media outlet and call them or write letters, I will. If I have to call every politician in nc and texas to get someone's attention, I will.

Javan has legally won time and time again. We will find the right person to finally force this rogue county to abide by the law!!!!

________________________________________________________________________
1c. Re: another update
Posted by: "april" sacbilove@compuage.com sacbiloveapril
Date: Fri Dec 19, 2008 7:27 am ((PST))

I tried contacting both the texas and nc reps yesterday. The person I talked to for the texas one sent the info to someone else and told me if I didn't hear from them today to call her back. I left a message and e-mailed the nc one for that area. The first one I called was for a county beside it because I could not find the right one, and that person was very nice and gave me the name/number/e-mail of the right one and said she knew she would be interested in this since it involved dss. By the time I got to that, business hours were over on the east coast, but I left a message and e-mailed. Hopefully I'll hear something back.

I'm not for sure what all jay did last night. We basically both worked independently all day long on different aspects. I finally had to go to bed. I don't think he went to bed until 3-4 in the morning.

This has basically been the way it has gone all along. Even if he wins, he ultimately loses because they refuse to follow the court orders or follow the law.

________________________________________________________________________
1d. Re: another update
Posted by: "april" sacbilove@compuage.com sacbiloveapril
Date: Fri Dec 19, 2008 7:28 am ((PST))

[Regarding calling on the Texas Rangers to help] The texas rangers weren't listed on the writ, so I don't know if they can do it or not. I know they talked to the us marshalls. I can't remember why they said they couldn't do it, but if I remember correctly, they had a more legitimate reason, but again, I can't remember what the reason was.

The fbi agent they talked to in san Antonio said that the district court couldn't order them to do this. I can't remember who jay called after that, but that person said that yes they could and if they had a problem with it, they needed to contact her and let her make the decision.

What I'm thinking the hesitancy is, is because instead of this being one parent against another, this is basically one state against another.

This case is setting precedents. Hopefully we'll get josh home soon and then this case will help open the doors for other parents.

1e. brief synopsis of the case
Posted by: "april" sacbilove@compuage.com sacbiloveapril
Date: Fri Dec 19, 2008 7:50 am ((PST))

I was asked off the loop if we had a blog or link that we could post that would basically recap the case so everyone could be up to speed. The best I have is the youtube video of the kens5 news report right after we won the writ. Here's the link:

this case is very complicated and hard to condense into a few paragraphs, but here's my shot at it.

Jay is originally from ny. There was a divorce/custody case going on in ny. He and josh moved to nc briefly. Then they moved to florida, then texas. In april 2006, they went to visit patty cherry (a registered nurse). While they were there, her mom died. The day of her funeral, she got a call on her cell phone from some temp employees of jay's that there was an emergency at his storefront (he had abandoned the storefront when he left nc, and he hired these people from texas-he paid their way out there and got them into an apartment as wages for loading all his storefront items for him as he physically was unable to do so at the time).

Jay was unable to get ahold of the employees to see what was going on and the storefront was quite a drive. Patty's place was in Sampson co, nc, and the storefront either in Carteret or onslow co (don't know for sure) or that general area. Since it would be a long drive and he didn't know what was going on, he left josh in the care of patty, again a registered nurse. Because the funeral was earlier that day, there were other family members there including an off-duty police officer and two ordained ministers.

The call from his employees was a set up to get to jay's son. He later learned that his employees had been threatened to have their child taken away if they did not do this. Jay was arrested on trumped up charges which were later dismissed entirely. The dss in either Carteret or onslow counties contacted dss in Sampson co. the Sampson co dss worker saw no reason to remove josh, but did so because the other one had an order signed by a magistrate.

As to why someone made a false report. The person who openly admits to doing so on the internet did so out of spite. Then we're assuming when they contacted josh's mom, she gave a bunch of false info as well. Keep in mind the bio mom is a druggie and abuser. Another long story. The case was built upon all these false stories, which can be easily disproved and has been.

The legal part of it really boils down to who has jurisdiction. Nc only had emergency jurisdiction. Under the uccjea, a child can only be taken because of abandonment, abuse, or imminent danger. They claim he abandoned josh. Also, nc law gives them only 60 days to prove this, and if they can't prove it in that time frame, then that's it.

As to jurisdiction, ny had jurisdiction because they had the ongoing custody case. Nc had to communicate with them in the proper manner in order to do see if ny wanted the child sent back to them or let nc do it. They failed to do this appropriately.

Texas was a significant connection state because this is where they lived. It would be next in line. It also was able to assert home state if it was done properly and the other state did not object within a certain time frame. Texas did this with no objections from ny, and in fact ny has since declined jurisdiction. This makes texas the home state and nc only emergency jurisdiction which should have ran out after 60 days!!!

Nc kept josh and he was bounced from place to place. Finally they dumped him in a Virginia treatment center. When they did this, they lost all jurisdiction. While josh was in va, proceedings were going on here. An ex parte temporary order, a temporary order, and a final order. The attorney for Carteret co sent a letter with a laundry list of reasons why jay should not have josh. The final order was vacated, and then in the texas court, every single item was adjudicated and a second final order was given. When jay went to enforce this in va, nc dss crossed state lines and moved josh back to nc without telling anyone. This is considered kidnapping because at that point they had no jurisdiction.

There is also the writ of habeas corpus. Nc dss did not show up for this, but did submit a letter. The texas court found that nc dss was abusive and neglectful of josh and illegally detaining him. These were based on their own guardian ad litem report. They had 10 days to hand josh over or the fbi/us marshalls were commanded to get him. Nc defied the order and so did the fbi.

In the meantime, the nc case is moved to the court of appeals. We got word yesterday [about Dec. 19] that they ruled in javan's favor. However, nc dss is refusing to hand over josh.

I'm sure there's lots of questions, and of course there's been a smear campaign against javan making him look like a deranged lunatic or something.

Oh, and I nearly forgot. The reason that nc is still keeping josh. Educational neglect and despondency. Educational neglect because he wasn't registered in a nc school and despondency because he didn't have a permanent home in nc. Neither is legal under the uccjea. And keep in mind, they were texas residents who were private schooling/homeschooling in texas.