Status of Arizona case
On Tue, Nov 08, 2011, 4:05 PM, Patrick Fox wrote:
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Tue, Nov 08, 2011, 4:05 PM
Subject:
Status of Arizona case
David: I'm sure by now you've heard that the California court this morning confirmed that on 10/21/11 the Arizona and California courts agreed that California will exercise jurisdiction in the matter of custody of Gabriel. In the event you were not properly informed please be advised of the following: 1. Commissioner Lowry issued an order this morning for Desiree to IMMEDIATELY return Gabriel to me, and directed Desiree and I to work out the details to execute Gabriel's return; 2. Effective immediately the Arizona case (FC2011-093719) is to be dismissed and all prior orders issued by the Arizona court vacated; 3. Commissioner Lowry reiterated, to make it perfectly clear, that regardless of what orders may exist in Arizona, as of this moment he is ordering Desiree to immediately return Gabriel to California and to my custody; 4. Commissioner Lowry stated he would contact the Arizona court to ensure that case is promptly disposed of. I presume this means that there is no need for you and I to have any further correspondence since the Arizona case is dismissed. Also, since all prior orders issued by the Arizona court are now vacated I am under no further obligation to provide you copies of the documents I file in the California case. I do have one last request, though: May you please ensure that Desiree is aware of the potential consequences of failing to cooperate in promptly returning Gabriel to me (under the PKPA and the UCCJEA)? Commissioner Lowry advised me that if she does not cooperate I am to file another ex parte request, informing the court. And of course, I have every intention of doing so if Gabriel is not returned to my custody by Thursday, November 10, 2011. It is my understanding that "immediately" means "right now", not "in three days", or "five days", or "seven days". So, I shall consider the matter of FC2011-093719, Richard Riess v. Desiree Tomlin Fox, closed. I thank you for your time and assistance. Sincerely, Patrick Fox
