Q: If a "petition" WASNT FILED and detention warrant "signed" by inactive judge is it still valid to take my child?
Social worker used a "petition" that was NOT FILED prior to removal of my child, and a "detention warrant" that was also not filed but was allegedly "signed" by a judge who I found out IS NOT A SEATED JUDGE AND HAS A STATUS OF INACTIVE FOR AN ENTIRE YEAR prior, and also the SW used these unfiled documents, bearing a signature of a judge who isn't holding any judicial office, at all what so ever, to violate my 4th amendment rights( illegal search and seizure) and my 14th amendment right to DUE PROCESS, and cane to my residence, and passed off these fraudulent documents as "valid" court orders, and seized my child, with the help of local law enforcement who threatened me with incarceration of I did not comply and hand over physical custody of my child. My question is if the original petition was NOT filed, then didn't that mean the court had no subject matter jurisdiction and all subsequent orders that were a result of this fraud, aren't they VOID?
A:
I'm sorry to hear about the difficult situation you are facing with the removal of your child and the use of potentially fraudulent documents by the social worker and local law enforcement. It is important to understand the legal implications of the situation.
If the petition was not filed and the detention warrant was allegedly signed by an inactive judge, it may raise questions about the validity of the orders used to remove your child. Without a filed petition, it is possible that the court did not have subject matter jurisdiction to issue orders related to the removal of your child.
In addition, if the detention warrant was signed by an inactive judge who is not holding any judicial office, it may not meet the legal requirements for a valid warrant. It is possible that these factors could render the orders used to remove your child void or invalid.
However, the specific legal implications of the situation may depend on the facts and circumstances of your case, as well as the relevant laws and court procedures in your jurisdiction. It may be helpful to consult with an attorney who specializes in family law or civil rights to assess the strength of your case and advise you on the best course of action.
In the meantime, it may be important to gather as much documentation and evidence as possible to support your claims, including any records or correspondence related to the unfiled petition and the detention warrant allegedly signed by an inactive judge. This evidence may be useful in challenging the removal of your child and seeking legal recourse.
It is also important to prioritize the safety and well-being of your child during this difficult time, and to consider seeking support from community resources or mental health professionals to help you cope with the emotional impact of the situation.
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