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Jessica

Jessica

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Hello, my son Kyler is being held unlawfully by his military father David in Hawaii. I am in California and trying to find out how to get my son back as soon as possible. I am wondering if there is anything in military law we should explore to seek the safe and timely return of our son.
JA: Have you talked to a JAG attorney about this? Or anyone in the chain of command?
Customer: no
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: the case file was transferred from Ohio courts to Hawaii this month by David. David retained a lawyer this month and filed an ex parte yesterday with a hearing of 22 February. We have mediation scheduled 18 January. We have purchased a return flight for our son before all this on 4 January 2023, but his father says that he refuses to send him the 4th because he wants to complete his 4th grade homeschool program. This is the same excuse David has used to keep Kyler there since February 2022. Since then after more than 300 days of being with his father, Kyler is still not complete with a 180 day homeschooling program (BJU). Since Kyler is well overdue to return to us (current parenting plan is transition every 3 months) and we know the BJU homeschool program ends 2 January 2023, it is time for Kyler to return home by his father is keeping him from us. We want to the look into every possibility and use the full weight of the law and negotiation to get our son back and then we will deal with further court dates down the road as long as we have the rightful visitation of our son ASAP.
12.22.2022
When I was in the Army National Guard I transferred from Texas to Alaska. Just before the transfer I was promoted. I notified the transfer NCO when I first heard that I was on the list for promotion, up to when I was promoted and requested he find an E8 slot for me. He never requested a slot from the State Sergeant Major and I didn't find out about it until I moved there because of my job. Alaska refused to put me in an E8 slot even though there were a number of slots in the state at the time. Sidpers contacted NGB and asked for guidance which was three pronged, Let me look for an opening, ask me to take a voluntary reduction or reduce me in rank. They chose to reduce me. I was a decorated soldier, with a bronze star for Meritorious service during Vietnam, I have either 11 or 12 ribbons for good conduct, etc. I was an exemplary soldier through my tenure in the regular Army and National Guard service. They let me remain an E8 for a year before reducing me. When I contacted NGB after I retired, I was threatened by a Sergeant Major there at NGB that if I persisted they would take back the money I was paid for that year I had remained an E8. There are more facts relative to this situation but they are too lengthy to discuss at this time. I have been retired since 2013. I am only looking to have my rank reinstated, I am not looking for compensation for the time I served after the reduction. I am a disabled Veteran as a result of Agent Orange exposure. I would just like justice to return me to my rank I worked so hard to attain and lost through no fault of my own. I tried to speak to the JAG at my unit and was yelled out of his office by his clerk when all I was trying to do was speak to him about my options. Can you give me directions I might follow to rectify this unjust situation?
JA: Has anything been officially filed?
Customer: Not after I was threatened.
JA: Have you talked to a JAG attorney about this? Or anyone in the chain of command?
Customer: No, since I am retired I have no chain of command
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I did start paperwork when I moved to Texas in 2014 but I was going through a reduction in my disability status and had been reduced from 100% to 30% at the time and was working on getting the 100% reestablished and didn't want to muddy the waters any more.
11.4.2022
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