Posted on 06/28/2013 10:50:52 AM PDT by Victory111
Edited on 06/28/2013 11:00:34 AM PDT by Admin Moderator. [history]
Link to the 2007 Protective Order filed.
Parties
Elizondo, Nicholas J. , Defendant
Knight, Lisa , Plaintiff
Attorneys
Attorney Represented Parties
Events
Event Party Docket Reporter
Monday, June 11, 2007 at 10:00 AM
Victim Protective Order Hearing(VPO) Jequita H. Napoli
Issues For cases filed before 1/1/2000, ancillary issues may not appear except in the docket.
Issue # 1.
Issue: PROTECTIVE ORDER (PO)
Filed by: Knight, Lisa
Filed Date: 05/24/2007
Party Name: Disposition Information:
Defendant: Elizondo, Nicholas J.
Disposed: PROTECTIVE ORDER DISMISSED, 06/11/2007. Dismissed by Court.
Docket
Date Code Count Party Serial # Entry Date
05-24-2007 TEXT 1 8954853 May 24 2007 2:29:18:670PM - $ 0.00
PROTECTIVE ORDER INITIAL FILING.
05-24-2007 PO - 8954855 May 24 2007 2:29:19:150PM Realized $ 0.00
PROTECTIVE ORDER
05-24-2007 DMFE - 8954856 Nov 28 2007 1:30:35:450PM Unrealized $ 2.00
DISPUTE MEDIATION FEE($ 2.00)
05-24-2007 PFE1 - 8954857 Nov 28 2007 1:30:35:610PM Unrealized $ 72.00
PETITION($ 72.00)
05-24-2007 PFE7 - 8954858 Nov 28 2007 1:30:35:620PM Unrealized $ 6.00
LAW LIBRARY FEE($ 6.00)
05-24-2007 OCISR - 8954859 Nov 28 2007 1:30:35:620PM Unrealized $ 10.00
OKLAHOMA COURT INFORMATION SYSTEM REVOLVING FUND($ 10.00)
05-24-2007 CCADMIN - 8954860 Nov 28 2007 1:30:35:620PM Unrealized $ 1.00
COURT CLERK ADMINISTRATIVE FEE ON COLLECTIONS($ 1.00)
05-24-2007 CHAB - 8954861 Nov 28 2007 1:30:35:620PM Unrealized $ 10.00
C.H.A.B. STATUTORY FEE($ 10.00)
05-24-2007 FSOUT - 8955091 Nov 28 2007 1:30:35:630PM Unrealized $ 50.00
FOREIGN SERVICE - OUT OF STATE — KERN COUNTY, BAKERSFIELD, CALIFORNIA — MAIL
ORDER AND NOTICE OF HEARING PETITION FOR VPO.
NO EMER EX PARTE.($ 50.00)
05-24-2007 TEXT - 8954854 May 24 2007 2:29:18:980PM - $ 0.00
OCIS HAS AUTOMATICALLY ASSIGNED JUDGE NAPOLI, JEQUITA H. TO THIS CASE.
06-04-2007 SERV - 8973877 Jun 5 2007 9:28:32:600AM - $ 0.00
RETURN OF SERVICE ON — KERN COUNTY SHF, BAKERSFIELD, CALIFORNIA
NO SERVICE — SERVICE FEES ARE REQUIRED IN ADVANCE; MUST BE RECEIVED 10 DAYS PRIOR TO THE LAST DAY FOR SERVICE; THE INSTRUCTIONS NEED TO BE SIGNED BY THE PLAINTIFF, 5-31-2007.
06-11-2007 DISPPOM 1 Elizondo, Nicholas J. 8988349 Jun 12 2007 8:29:50:940AM - $ 0.00
SO; FOR FAILURE TO PROSECUTE, CASE IS DISMISSED & C/C WAIVED. JHN
Case began in 8/22/2007. First hearing.
1) Judge Welch granted an emergency order. Case set for Sept 4th at 9 before Judge Walke(?)
2) Def application for Writ of Habeus Corpus is reserved.
3) Court recognizes Oklahoma County has emergency jurisdiction. Reserves child custody jurisdiction for assigned judge.
4) Mom granted temporary emergency custody of minor. Dad granted supervised visitation in State of Oklahoma.
5) Court takes notice that defendant has notice of proceedings and receipt of Petition, although does not submit to jurisdiction.
Link to that document. http://www.oscn.net/applications/oscn/getimage.tif?submitted=true&casemasterid=2198455&db=OKLAHOMA&barcode=1005275625
On September 4, 2007 they have their first hearing before Judge Walker.
Parties appear with counsel.
1) Testimony and argument heard regarding jurisdiction. The court communicated with the Kern County Court (California) and the Kern County Court has declined jurisdiction. Court asserts that Oklahoma has child custody jurisdiction.
2) Petition is granted Emergency custody of the minor child subject to the supervised visitation of the Respondent. First such supervised visitation to take place today, Sept 4, 20076 at 1pm until 3pm at the Braums at 44th and Sunnylane. The petitioners’ cousin Jodie Coomer shall be the supervisor.
3) Parties waive venue to allow case to remain in Oklahoma County.
Letter to the California courts regarding ‘home state’ ruling.
after a long period of inactivity.
Law office of Kevin Butler, Rick Denker, Sara Zuhdi take the case on May 12, 20011.
Motion to modify visitation and child support filed on June 10, 2011. http://www.oscn.net/applications/oscn/getimage.tif?submitted=true&casemasterid=2198455&db=OKLAHOMA&barcode=1015662116
Nothing earth shattering in this document. Dad is asking for more time and child support to be lowered.
It is not a request for custody.
Mom hires William Ford as her attorny on Feb 2012.
http://www.oscn.net/applications/oscn/getimage.tif?submitted=true&casemasterid=2198455&db=OKLAHOMA&barcode=1017662256
Answer filed on March 8, 2012 by L.K.
Says L.K. did move to Texas in May 2011, but moved back to Oklahoma June 2011.
States that N.E. is a registered sex offender with California for Lewd or Lascivious acts with child under age of 14. Requests supervised visitation. Request schedule not be changed.
States child not still long enough to do ‘internet visits’. Claims does not have a computer or internet access. Her computer is in Texas.
States child support can be recalculated. Child being kept by L.K.’s family. L.K. paying ... ends abruptly. Only first page available online.
L.K. attorney quits on May 10, 2012 due to a ‘conflict’ between attorney and L.K. Trial was had on June 1, 2012. Scheduled to be settled on May 1, 2012.
I wonder what happened there. It is unusual for an attorney to quit mid case.
Attorney allowed to quit by court on July 26, 2012.
http://www.oscn.net/applications/oscn/getimage.tif?submitted=true&casemasterid=2198455&db=OKLAHOMA&barcode=1019168546
N.E. files to change custody on March 2013.
1. Divorce granted April 29, 2008.
L.K. granted sole custody of child.
N.E. ordered to pay child support.
N.E. granted visitation in State of Ok.
May 1, 2012, modified to grant visitation in California
from June 16, 2012 to July 17, 2012;
from Sep 14, 2012 to Sep 24, 2012
Thanksgiving break
and Christmas break
all supervised by Respondent’s daughter, Angela Delung
or son Joseph Elizondo.
2013, unsupervised visitation in California for Spring break, fall break, thanksgiving, Christmas, 2 weeks at start of summer, 2 weeks at end of summer.
Plus internet visitation.
N.E. to purchase airfare tickets for travel to/from Ok.
L.K. to reimburse N.E. for 1/2 of the cost of tickets within 45 days of receipt.
2. N.E. swears no proceeding in any other state.
3. Minor child lives in Ok.
4. Compliance with UCCJEA 1998.
5. Not part of “Indian Child Welfare Act”...
6. a. Visits in California have gone will.
Child should attend live and attend school in California.
b. L.K. failed to cooperate on 12/1/2012 visit. N.E. had to fly to Ok. for visit.
c. L.K. failed to cooperate for spring break visit.
d. L.K. failed to allow internet visits.
e. That child lives with grandparents R.C. and J.C.
L.K. May 1, 2012 left because grandparents were threatening her.
L.K. went to shelter Feb 2012 (from Grandparents)
11/13/2013 Grandparents filed for guardianship of child. N.E. objected. Case dismissed Feb 20, 2013.
f. L.K. requests sole custody.
N.E. files for ex-parte order directing Oklahoma Department of Human Services to produce the court copies of its safety analysis records regarding the child on May 15, 2013.
Order granted.
Also filed motion on May 23, 2013 to hold L.K. in contempt.
Jun 7, 2013, L.K. responds.
1. Admits.
2. Denies visits have gone well.
Not in best interest of child to live in California.
States N.E. is a registered sex offender.
States N.E. is living with son J.E.
3. Says N.E. agreed to visit with child in Ok for Christmas.
Says N.E. brought son with him.
Says both N.E. and son J.E. stayed with child in Hotel.
Claims son J.E. touched child’s genitals while in the presence of J.E.
Claims ongoing investigation by Ok Dept of Human Services
Claims safety plan advices L.K. not to allow child to travel to California. Not to allow visitation if J.E. is present.
4. L.K. denies interference with internet visitation. Claims N.E. stopped contacting L.K.
5. L.K. admits she is close to parents R.C. and J.C.
Denies any testimony at previous motion is before court.
L.K. has lived alone with child for one year.
mom J.C. filed for guardianship because she wanted child to attend school in her district.
Matter was dismissed.
6. L.K. should have sole custody.
Requests all visitation (if any) occur in Ok.
Requests son not be allowed any visitation.
son J.E. should not have contact with child.
7. L.K. recently approved S.S.Sup. Sec. Income of $710/mo
This income should not be used.
N.E. income should be used.
N.E. should pay per guidelines.
N.E. should pay all travel.
8. L.K. should be paid for her attorney fees.
N.E. (dad) requests order for Misty Baldwin, DHS Child Welfare Worker, to testify in case on June 24th.
Order granted.
HARALSON - MOTION TO MODIFY TRIAL HELD TESTIMONY TAKEN
MOTION IS HEREBY SUSTAINED CUSTODY AWARDED TO RESPONDENT
- PETITIONER AWARDED VISITATION
- SUMMER VISITATION TO ALTERNATE
- CITATION TRIAL
- CT.1. COURT FINDS PETITIONER NOT GUITLY (sic)
(L.K. failed to facilitate and allow N.E. to exercise
internet visitation)
- CT. 2. COURT FINDS PETITIONER GUITLY (sic)
(L.K. failed to reimburse N.E. for $25.00 on
May 1, 2012 for drug test.)
- CT. 3. COURT FINDS PETITIONER GUILTY
(L.K. failed to allow Christmas break in California
2012)
- CT. 4. COURT FINDS PETITIONER NOT GUITLY (sic)
(L.K. failed to allow Spring break in California
2013)
- CT. 5. FINDS PETITIONER GUILTY
(L.K. failed to reimburse for 1/2 of the air fare)
- SENTC. SET 7-24-13 AT 9:00AM
- COURT ORDERS RESPONDENT SON NOT TO BE AROUND MINOR CHILD W/OUT SUPERVISION
- MOTION TO SETTLE J.E. SET 7-24-13 AT 9:00AM
- COURT REPORTER MARLA HILL
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