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Originally Posted by typicalman
I was served from a phone call. The computers were family computers the she used and had access to so any website visited could have been from her. I can tell from the trail left behind that she had been planning this.

Speak with your attorney. I dont think you can be legally served by a telephone call

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She definitely knew what she was doing, and to accomplish all in a few hours means she had done some research. Which 99% of the time means she had advice from someone who knows how to make it difficult.

I have never heard of being served via phone call, that can't be legal or is a bluff.

I am sorry for what you are going through, this is an extreme case.

Stay connected to your attorney.
You could tell us which states(yours and where she fled), we have people from all states on this forum who could offer some legal perspective.

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I am in TX and she fled to MA.

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Originally Posted by typicalman
I am in TX and she fled to MA.

Good. After thr court orders her to return the kids and she refuses ...she will wake up soem morning to Chuck Norris, Texas Ranger kicking down her door to arrest her.

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Just checked...

Mass isn't unusual. They have to "serve" you in person. The only thing I can think of is maybe she went to the police and got a 24 temporary restraining order so as to buy 24 hrs of protection until the court opens monday morning and she can try to get something more permanent (alone with an order of temporary custody). So the cops call and say you are restrained temporarily from contacting and "harassing" your wife and kids. They probably should have said a time limit but they probably try to be as vague as possible to "protect" the supposed victim. This isn't a real documented restraining order but violate it and such will be used against you in court as proof of your abusive nature.

From what I read (see below) I don't think she should win a permanent restraining order. Here's some thoughts.

1. How will a MA court have jurisdiction? She's not a resident of MA. Your divorce was probably filed before her restraining order or any MA divorce case because you filed while she was still driving there so any hearing MIGHT be an opportunity for you to serve her with the Texas Divorce case and put the court on notice that they don't have jurisdiction on this matter of a Texas resident and kids ALREADY the subjects of litigation in Texas.

2. What proof of "abuse" does she have? A liars game but she needs proof of actual harm or imminent harm. Sending emails to her friends asking for prayers for your family it's "abuse".

3. She has to serve you. But you still may want to hire a MA attorney (or GO to MA to defend yourself) to appear on your behalf.....argue lack of jurisdiction....and put it on the record exactly what she's obviously trying to do....steal the kids away to MA. In that KY case I linked one of the biggest mistakes he made in hindsight was not going to the Texas restraining order hearing where the Plaintiff and her affair partner OM hired a "professional" psychologist or psychiatrist to tesitfy that the husband was abusive based on a couple recording of a mad dad who's kids were stolen from him and talking to the children. I'm sure the KY husband was told not to worry about the hearing under the same argument I gave above but he lost (one big difference in facts is that the wayward wife and kids had already lived in Texas for 8 months or so BEFORE filing the restraining order).

Here's a link to a handout sheet on restraining orders in MA: MA Restraining Orders




FBH(me)-51 FWW-49 (MrsWondering)
DD19 DS 22 Dday-2005-Recovered

"agree to disagree" = Used when one wants to reject the objective reality of the situation and hopefully replace it with their own.
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Did she clean you out financially?

Have you shut down all credit cards and split up bank accounts?


FBH(me)-51 FWW-49 (MrsWondering)
DD19 DS 22 Dday-2005-Recovered

"agree to disagree" = Used when one wants to reject the objective reality of the situation and hopefully replace it with their own.
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I have control of the finances. And money is of no concern. ..only getting my kids. There is absolutely no record ever of any abuse to her or the children. I am completely clean...other than whatever story she will make up at this point.

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This still has not been served and my county has no record of it.

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One of the officers here said that she made a complaint about the exposure letter but he said that no law had been broken nor threat made.

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What is your attorney saying/doing?
What has been filed and what is the timeline?
Did he ever do an emergency motion?

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They tell me that she must be served and we must wait for the hearing. My son is missing the end of his school year and they are about to unenroll him from school. I would like to have an emergency motion to have them returned, but the attorney is not giving me that option.

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Quote
but the attorney is not giving me that option.
Why? Would another attorney be able to do that for you? Have you asked around?


Markos' Wife
FWW - EA
8 kids ...
What to do with an Angry Husband

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The legal process has been long and expensive. I still have not seen or talked to my children in over a month, but I think that I will soon. My wife thought she could leave with the children, file restraining orders, and walk away with a bunch of money. At this rate there will be nothing left and she is likely to lose the children. The reality of that will soon be setting in for her and she is just now starting to hear that things are not going to go her way. Should I make any attempt to reach out to her to reconcile this marriage or continue on full force with the divorce? If I should do something... how should I do it? Or do I just wait for her?

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You better secure your rights first before you reconcile, so that means waiting.
That is my opinion.

So tell us the details, it seems like an unusual long time for hearings and such, most are in 2 weeks or less.

Waywards have a way with sucking you back in to placate you, then back to the fantasy.

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She was successful with creating several delays due to running to another state and filing restraining orders there... so I had to travel there and get that thrown out and things sent back to our home state. Basically she was claiming that exposure, 15 hours undivided attention, and all the marriage builders principles were forms of excessive control and abuse and she was entitled to restraining orders and sole custody of the children. I think she is going to face quite a court battle now with me so I can get my children back. Plan A is out of the question at this point I suppose.

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Typical,

You have been thru quite an ordeal. You seem to be holding up well. Do you have information that your kids are okay and being cared for well? Yes, I think your W will realize she blew it. It will be up to you tho to decide if you want to attempt to save your M. No one here could possibly answer that as each person, each couple is unique. I hope you have support from you relatives as you continue and you do have support here.

Tom


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so what happens next and the sequence of events in the legal process for you?

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I filled for divorce. The next step is a temporary orders hearing which will hopefully return my children to the state and give me contact with them or hopefully custody of them. My wife has run out of options so this hearing will be in a couple days from now.

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I have had good support from family, church, and some friends. Most of our mutual friends have gone quiet.

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Keep us posted on the developments.
The hearing in a few days, does she have an attorney for that? She will have to appear, so will your kids be back in state?



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