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I was served with an OFP in a county in MN that was complete

I was served with an...
I was served with an OFP in a county in MN that was complete and total fabrications and had significant evidence to support that. Ultimately, it was not only dismissed, but denied. My ex-wife then shopped it around to multiple counties and found one in our boarder state, St, Croix county WI, They also held our original divorce 4 years ago and I had received the most biased, terrible rulings from the judge... However, my x-wife moved to MN and I did to so I could be close to the kids. After I had received the ofp from my x-wife and being incredibly fearful of her mental state and what she was capable of if she was trying to me, the absolute poster child for single dads. (Sorry, don't mean to brag but I have 24 letters from friends and family attesting it and I didn't ask them too) out of fear of her OFP, I went back to the court we had a divorce in, which was back in St. Croix County, WI and filed for an ex-parte motion fearful of what she may do with our kids.. Despite her having sole legal and split parenting time, they resided with me for over 60% of the overnights and I was with them 10-12 days out of any given 14 day cycle. I had asked her to change it to joint legal for years but wouldn't budge... and I couldn't justify the expense... Little did I know how bad of a decision that would be. Things got much, much worse with her mental health over the coming days that I had gone in a total of 6 times to try to obtain an exparte order on the grounds of documented abuse and neglect... All were denied but a hearing set a few weeks into the future. To make a long story short, she went to the same court, with the same information that she lost on a couple weeks earlier in her first ofp attempt. The judge granted it, and even had me arrested!! But the merits had already been decided in a MN court weeks earlier. It was the same darn affidavit. Since then, this judge has refused me seeing, speaking, having anything to do with my kids at all... And I am the model parent... He has abused me so bad in his courtroom that I cannot even begin to explain it... Meanwhile, my girls are still in harms way in MN where we both live... And the judge in WI won't let go of the case. I tried an OFP the other day and the judge here told me I have no grounds because I am not a parent... That I have the same rights as "a neighbor" PLEASE HELP ME!!! my two precious little girls are in danger and I have tried everything in my power to rescue them,... But the judge blocks every single attempt. The bias is disturbing but I don't know what to do. I motioned for his recusal, Denied, motioned to vacate ex parte that has already decided on, denied, Don't know what to do and my daughters need me to help and rescue them immediately... What can I do?
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Answered in 6 hours by:
7/4/2013
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2,512
Experience: I have practiced family law since 1996, focusing on child custody and domestic violence
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Steven Kincaid :

Thank you for allowing me to assist you.

Steven Kincaid :

There is something you might be able to do butI don't think it's realistic to do it without hiring an attorney. The issue that could help you win, is whether Wisonsin still has the legal right (jurisdiction) to make decisions about custody and visitation with your daughters. The laws about which state has the right to do so are very complex. Ultimately, however, it says that once all the parties and the children stop living in a state, that state lacks further jurisdiction

Steven Kincaid :

to make decisions about custody and visitation. You would need to file a motion in Wisconsin challenging jurisdiction and preferably, you would file a modification case in Minnesota.

Steven Kincaid :

The law that addresses which court makes decisions about the children is called the Uniform Child Custody Jurisdiction and Enforcement Act.

Steven Kincaid :

The Wisconsin UCCJEA is codified at Wisconsin Statute 822.1. The Minnesota law is at

Steven Kincaid :

The Minnesota statute is 518d.101.

Steven Kincaid :

If you can prove that Wisconsin no longer has jurisdiction, the Wisconsin orders will have to be dismissed and the case will be litigated in Minnesota.

Steven Kincaid :

Is there anything else I can answer for you?

Customer:

Thank you very much, sir! I'll be darned if I didn't do something right for a change! That is exactly what I have done, filed in MN court, registered old decree and waiting to file custody paperwork as soon as they open tomorrow.

Customer:

But back to my first question, she brought the case and the judge ruled on something that was already settled in another court. She and the judge can't use any of that, can they? I was not prepared to have to tackle that issue again and didn't have the evidence with me as I thought the matter was done.

Steven Kincaid :

You're right again that the Court is not allowed to re-decide what has already been decided by another court. That legal concept is called collateral estoppel.

Steven Kincaid :

Where the laws of the two states are not identical, the issues before each court may be different and collateral estoppel would not apply. But, if it truly is the exact same set of facts, collateral estoppel should apply and those facts should not be relitigated. Still, none of this is relevant if Wisconsin had no jurisdiction to issue the order in the first place. You should ask each court to hold a UCCJEA conference to discuss which state has jurisdiction. You should also file a brief in each court explaining why M

Steven Kincaid :

Minnesota and not Wisconsin has jurisdiction. You probably need an attorney to help you write that brief.

Customer:

Hey, thank you!! Yes, I definitely need one... That was another issue across the border... They had done consults with every decent firm that I couldn't get anyone... and it came down to studying law or trying to find someone... I figured the latter would probably be my best option since I could use the info going forward but it really hurt me initially... Lesson learned. I suppose, looking backwards, i'd probably be in the same spot with this judge... But an extra $50-75K would be out the door. Which gets tough with terminal cancer and wanting my kids to have something left over... I sincerely XXXXX XXXXX help, it gives me more clarity and more of that, goes a long ways. Thanks Again

S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2,512
Experience: I have practiced family law since 1996, focusing on child custody and domestic violence
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S. Kincaid
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2,512
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Experience: I have practiced family law since 1996, focusing on child custody and domestic violence

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