Facts

Chronology and Statement of Facts

I. Status and Initial Incident

  • Mandatory Reporter Status: The Mother is a mandatory reporter with a legal obligation to report any suspected abuse within 24 hours.
  • Initial Abduction: On April 19th, the Mother committed felony parental interference, abduction, and obstruction.

II. The Protective Order and Alleged Fraud (April 24th)

  • Strategic Filing: On April 24th, the Mother filed a protective order. This occurred weeks after the Father’s last contact with the child and only after she secured a forensic interview in Maryland. This action blocked the father from being able to file for contempt of the custody order in Maryland
  • False Representations to Maryland Authorities: The Mother secured the Maryland forensic interview by providing false information, claiming that West Virginia had an open investigation and that a medical doctor had found physical evidence of sexual abuse. Both claims were completely false.
  • False Representations to West Virginia Authorities: The Mother then claimed to West Virginia authorities that there was an open investigation in Maryland—which did not exist—in order to obtain the West Virginia protective order.
  • Motivations for Filing: These filings were made to:
    • Establish an alibi for her felony acts on April 19th.
    • Gain coercive control over the child.
    • Deny the Father his lawful custody.
    • Manipulate the child’s testimony.

III. Pattern of Abuse and Litigation (Ongoing)

  • Interrogations and Manipulation: For one year, the Mother has maintained a continuous pattern of abuse against both the parent and child. She subjects the child to constant interrogation after every visit and manipulates the child into providing false accounts to teachers.
  • Litigation Abuse: This behavior has been accompanied by a year of nonstop litigation abuse.

IV. Judicial Proceedings (May 8th – May 14th)

  • May 8th Hearing: A hearing was held and subsequently continued. During this hearing, the issues of improper jurisdiction and forum shopping were formally raised.
  • May 15th Motion to Dismiss: During the review of the Motion to Dismiss, the court was presented with protective orders from Maryland issued against Allison Thomas and B.G. Thomas.
  • Identity of Facts: It was established on the record that the set of facts presented in West Virginia were identical to those already presented in Maryland regarding the same abuse and neglect allegations for the same time period.
  • Dismissal: Forum shopping was discussed at length. Consequently, Judge (Matchat) dismissed the case in accordance with UCCJEA guidelines as maryland was the home state.