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CO U.S.District Court,federal question issue,federal statute &constitution violation.Is there a Writ of Prohibition orquick writ

Denver, CO |

Violation of Parental Kidnapping Prevention Act,PKPA,28 U.S.C. 1738(A) as husband has kidnapped children thinking second in time child custody case,is against UCCJEA and PKPA,gives him the right to kidnap from another state and bring to CO. He also has a DVRO he is violating 18 U.S.C. 2265 and 2266 Violence Against Women Act, VAWA good in all 50 states. Have other state orders saying he is in violation of DVRO and PKPA and child endangerment,and have orders to pick up children pursuant to expedited order under Uniform Child Abduction Prevention Act 14-13.5-102 good in 50 states.Local police will not arrest or get kids with all these orders as is local police in town and will not honor orders claiming he has custody ,though cant under PKPA,VAWA.Local Judge friend of EX no help,need Fed writ

Have given to local police and they refused to uphold the orders good in all 50 states. Made a complaint with the police dept about it, and they are not doing anything since soon Ex is Police in town. Yes he has an active restraining order on him protecting Mother and children which they stated they don't care since he is a police officer. My orders are from a different state AND the first filed,properly served by sheriff, and have full custody BEFORE he filed a second case in CO.Judge in CO KNOWS second case and other state has orders but does not care as he is helping a friend police officer. No kidding, all true. Appeal takes long time. Federal violations and want higher court to give Writ. Know this judge has friend in Appeal state court so wanted to know what is the Writ for a federal court Prohibition,Mandamus? I just see Habeaus Corpus on US website. What writ can I do in fed court?

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Attorney answers 1

Posted

You will not get a federal court to get involved. The US. District Court will not issue orders to a Colorado state court. The only custody cases that federal courts get involved with are international cases filed under the Hague Convention. In the American system, the federal court has no power to issue a writ ordering a state court to rule in a certain way in a custody case. They certainly will not do so on an expedited basis.

If you can establish parental kidnapping, you can talk to the FBI. They do have the authority to enforce and prosecute such crimes in federal court. You should also consider hiring an attorney to assist you.

You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

Asker

Posted

Not asking for custody issue, federal question to uphold federal statutes28 U.S.C. 1738 full faith and credit to other state orders and 28 U.S.C. 1738(A) PKPA mandatory commands not followed; Violence Against women Act 18 U.S.C. 2265 and 2266 not followed, Victims Crime Act 18 USC 3771(a)(1)victims not reasonably protected; no notice,service, hearing violating 1st, 5th, 6th, 14th amendment under color of law USC 271,272 and 42USC1983. Not asking to get emeshed in who has custody, just for the federal stautes written in mandatory commands to be followed. So no writs, would have to file a regular case then? What type of attorney since have custody issues in one hand with jurisdiction, and violations of constitutional rights in the other? Personal injury I was told too by police not doing job and causing harm as they have a mandatory duty to act and refuse to. Is there such an attorney to do all of this? What should I look under? Thank you for clear answer,very helpful.

Stephen Clark Harkess

Stephen Clark Harkess

Posted

You cannot sue the police for failing to enforce a federal law (or any other law for that matter). That is not one of the rights protected by the Constitution and law enforcement is only going to be liable for a constitutional violation. Crime victims are generally not entitled to sue the police for failure to respond or failure to enforce. Police officers can possibly be charged with contempt if they fail to follow an enforceable Court Order, but such an action would have to be brought before the court that issued the order in the first place. You would need to review the federal statutes you want to sue under and see what sort of private right of action is provided therein - if any. I cannot say that I've read the statutes in any detail. To the extent the state court fails to follow the federal statutes, it gives you a federal question you can take on appeal to the United States Supreme Court, but that is much further down the line. I'm not certain what other remedies are included in VOWA. Now, if you can show that a state District Court is refusing to recognize and enforce a valid order, you might be able to file a motion in the nature of a Writ of Mandamus with the Colorado Supreme Court or perhaps a Writ of Prohibition from that Court to prevent entry of contrary court orders.

Asker

Posted

You are so knowledgable and helpful. Thank you for the great information. I am assuming if this writ of mandamus or prohibition is not looked at or granted is when it goes to the U.S. Supreme court? I looked it up and it says it is discretionary so not sure if they will look at it, or grant it? You have given me great direction in which to move forward. I will do some research and see what needs to be done. Thank you for your time, it really helps focus the issues to overcome. Thanks again!