When Law Enforcement Won’t Do Their Job

           According to a Court Ordered Parenting Agreement my son’s father and I are to alternate holiday’s. It also states that at all times, both myself and the father are supposed to let the other know where they are residing, well I have NO CLUE where they live, because My son’s father was evicted (for the second time in a year) while our son was with me during Spring Break. It also states that myself or the father have the right to obtain assistance from any and all Law Enforcement Personnel to help carry out this agreement.

 

         Well to get straight to the point, I did not have our son for Mother’s Day and this upcoming holiday, Memorial Day, I should have with our son. So I did exactly what the Court Ordered Parenting Agreement said that I should do. I contacted the local Police Department and local Sheriff’s Department in the county where they reside to get help in enforcing my civil rights. You know what I was told by the Captain of the local Police Department….”We will not help you get your son tomorrow, Saturday or any other day, I don’t care what kind of paper you have in your hand. We need an order hand delivered, faxed or mailed from the Courts in order to get involved.” Excuse me….THIS IS A COURT ORDER signed by a Judge of that county, an order that has been in place for over a year!!!!

 

This is a violation of my civil rights, as well as my son’s civil rights! The law enforcement agency is legally helping and aiding my son’s father in alienating me from my son.

ARGHHHHH… Having A Bad Day

There are 365 days in a year, 34 holidays total ( I observe only 16 of these holidays), then we add in birthdays of friends and family….so to put it all in perspective….Our justice system has stolen 2,555 days, 112 holidays, 7 of my son’s birthdays and several family occasions. ( Just the maternal side, as the paternal grandparents failed to acknowledge that my son has a MOTHER!)  Time that can never be given back to me or my son! Yet 27 days ago I was told that his legal guardians were not party to my case against them! I was told that I needed to THANK them for keeping my son and raising him.  In other words, our great justice system is permitted to commit theft, contempt and kidnapping! It is permitted to just STOMP all over our Constitutional Rights, Our Civil Rights and our Parental Rights! 

Our forefathers created the Constitution to protect our rights, yet today unless you have a pocket full of money to hire an attorney, Judges don’t give a damn about your Constitutional, Civil or Parental Rights, court orders that are being willfully violated!  

ARGHHHHH…I’m having a bad day…..

LEGALLY KIDNAPPED: ABOVE THE LAW

LEGALLY KIDNAPPED: ABOVE THE LAW

By: Tina Lollis

 

 

   I know that there are several men and women who will sympathize with my story, because it has happened to them. My son has been legally kidnapped and his legal custodians, James and Claudia Mull (the paternal grandparents), at the time this happened, well to say the least they are truly above the law (at least in Nash County,NC). On March 27^th of this year the Honorable Judge William C Farris looked at me and the opposing party, James and Claudia Mull, and stated that “You are not party to this action” he was referring to the Mulls!!  I was in utter shock. For James and Claudia Mull were awarded legal and physical custody of my son on August 10^th, 2004, but remember “they are not party to this action”

On November 30^th, 2005, my son’s father, Christopher Blaine Dawes, and I were awarded supervised visitations with our son. These visits were to be every other weekend at each of our parents’ homes. Christopher at his mother’s home and me at my mother’s. Well from 2005 to 2010 I was continually denied visitation for one reason or another, they were trying to alienate me. But this is not the worst of the case. In Mid-May of 2009, Claudia sent my son to live with his father in Bryson City, NC. No court proceeding was held, no motions were filed and absolutely NO NOTICE was given to myself or my mother notifying us of this move. So I filed a Motion for Show Cause for Civil Contempt and Modification of Custody. It was dismissed because I did not have the fathers address to have him served properly. At the time I didn’t know that I could ask for a Temporary Ex-Parte to have the case heard. Christopher moved back in with his parents in February of 2010. My son was enrolled back in his old school. But my visits were still being denied. Claudia told my mother that I was not going to see my son until I caught my child support up. Again I filed. NOTHING HAPPENED! Note: My child support was caught up completely and since then has been completely stopped due to the fact that the father now has my son!

I was beyond mad, frustrated and hurt…so I began to wonder “Who do the Mull’s have in their pocket?” After all she was employed by Nash County Department of Social Services, for several years, as the Director of Personnel (since then she has retired from this position). She has status in Nash County and I am getting absolutely NO WHERE in that county. I am by no means a rich person, so I continually represented myself.  If I didn’t know, I would research the North Carolina General Statutes and I would call lawyers and Clerks of Court that would offer me helpful advice as to what I should do and how I should file.

Christopher alone moved to Farragut, Tn sometime during 2010 and 2011. My son remained at that time with the grandparents. Slowly my visits began to be consistent at my mothers and I remained in constant contact via phone and letters. But I still was filing my motions hoping and praying for the day that I did not have to do this thru others but would have my son home with me 24/7 finally. The last time I saw my son was on June 14^th, 2011. Father’s Day weekend the Mulls sent my son out of state to live with his father in Tennessee again NO court proceeding, NO Motions Filed, NO Notice given to me that yet again my son was gone from my life and my visits were being stopped. So, in August of 2012 I filed for Show Cause for Civil Contempt and Modification of Child Custody. I was told that I had to do to Mediation to see if the Mull’s and I could solve the custody issue out of court. It took me serving them twice, even then only Claudia showed up for the mediation. An agreement was drawn up and a copy was mailed to me and a copy to the father. I was quite upset because right out the gate they were getting away with stopping my visits and sending my son out of state! Nothing about mediation could interfere or stop what had been done so far!

Now about this Parenting Agreement… it was in November when I received my copy and out of sheer desperation I did sign it on November 8^th, 2011. But after reading it over and over, I was not happy with it, I wanted my son permanently . It was basically what my visitations had been before and I was getting screwed by the Mull’s, Christopher Dawes and the Judges in Nash County if I agreed with the agreement. So I called the Court Mediator, Mr. Philip Wall, and told him that I DID NOT agree with the Parenting Agreement and wanted to rescind my signature. He said that he would note that in my file. When I spoke to Mr. Wall in December I again told him that I was NOT in agreement and that I was filing my Motions and calendaring a Hearing date to pursue custody of my son.

So now here is the first of many obstacles in my path…I sent a copy of my Show Cause for Civil Contempt and Modification of Child Custody by certified mail to the Mull’s. They REFUSED SERVICE it and it came back to me! I placed the envelope in my case file at the courthouse with a sworn affidavit from myself stating that the Mull’s refused service. I then wrote another sworn statement, had it notarized and sent the Motions out by first-class mail to the Mulls. The hearing date had been set for January 31^st, 2012. Finally I was going to be able to get my case heard! I was excited, nervous and very hopeful that my son and I would finally get some justice. Unfortunately, the Mull’s did not come to court. Judge Britt entered an order on February 1^st, 2012 that “the plaintiffs James Mull and Claudia Mull …appear in court on February 21^st, 2012 at 9:30 a.m. in courtroom number 3, Nash County Courthouse. They were COMMANDED to bring the minor child and Christopher Dawes. If you fail to abide by this order you can be held in contempt Judge Britt informed Mrs Mull. This is the defendant’s motion for modification of child custody and show cause for civil contempt. This is a serious matter and you will address it as such.”

Well only Claudia showed up for court (no, no one was held in contempt even though Mr. Mull, Christopher nor the child were present) on the 21^st and a new date was set for March 27^th, 2012. Honorable William C Farris told me that it would be in my best interest to hire a lawyer and that it was on me to serve James Mull and Christopher Dawes (Remember: the previous judge COMMANDED Mrs. Mull to present them at this date). So yet again, they were getting away with me not seeing my son and my son was still out of state. Also I ask you to keep in mind “they are not party to this action.” According to the Honorable Judge Farris.

During the time before this next court date I sent a Notice of Hearing to the Nash County Sherriff’s Department for service on James Mull and a Notice of Hearing to Knox County Sherriff’s Department for service on Christopher Dawes. I received another Parenting Agreement that stated that my son was to spend summer vacation with my mother in Nashville, NC. I called my mother and asked her if she knew anything about this she said absolutely not. She had made it very clear that my son needed to stay with me. Her words to Mrs. Mull and Mr. Dawes were, “The child needs his mother.” So I called Mr. Wall and flat out asked him if he had spoken to my mother about this Parenting Agreement and he said no that he had not spoken to my mother, but received and email on January 21^st, 2012, that he assumed was from my mother, but it was not (I later learned that Christopher, the father, sent this email), and put it onto paper then send me a copy. I informed Mr. Wall that I was not in agreement with either of the parenting agreements and that I wanted to rescind my signature.  I was informed that a hearing date was scheduled for March 27^th, 2012. He had supposedly placed a notice in my case file stating that we, the parties had reached an impasse and that the only way to settle was in court. Well Mr. Wall did no such thing!

Now another obstacle that I have yet to overcome…still. On February 26^th,2012 apparently Mr. Dawes decided to sign the copy of the agreement that he had from November, 2011. So I’m sure that you can imagine my shock when I received a copy of the first agreement signed by myself and Mr. Dawes. The exact same agreement that I had rescinded my signature from! So I contacted Mr. Wall, very upset, and he said to me “I’m sorry I misunderstood what you said Ms. Lollis, I made a mistake,” I will admit that I was quite irate and I let Mr. Wall know just how upset I was. I had called this man several times over the past 4 months and told him “ I DO NOT AGREE, I WANT TO RESCIND MY SIGNATURE!” Now tell me please, what is there to misunderstand?

Well Honorable William C Farris signed this Parenting Agreement and made it into an order which I am told now I have to honor! So the Mull’s and Christopher Dawes have gotten away with denying me my son and there isn’t a damn thing I can do about it without a lawyer telling me what I can do or helping me (Please remember I can’t afford what a lawyer would cost me)! They have made my son believe that I do not care about him, that I have never been there for him, that I don’t love him, that I’ve never gotten Christmas or Birthday presents, which I have. They have not just violated my rights as a parent, but they have violated my son’s right to know his mother’s love. My son is scared to come stay with me this summer per the bogus parent agreement that has been placed into order because of all the lies that they have told him over the past 7 years. The Honorable Judge Farris actually told me that I needed to THANK these people for taking my son and raising him, while the whole time they have had him I’ve been fighting to get him back in the Nash County Courthouse. I believe that I will never get real justice in that town. The fact that the Mull’s were his legal guardians and got away with denying my rights, violating a court order and sending my son out of state without so much as a slap on the wrist convinces me of this. When I filed they were his guardians, the agreement that I rescinded my signature on should have not ever even been in my case file, but I’m telling you people out there….something is really fishy in Nashville, NC.

I hereby swear that everything in this article is true and correct to the best of my knowledge. I have court documents to back up every allegation. Notarized statements from those that have been by my side through this tribulation.