Demand that Elias be returned to his mother in Indiana, NOW!

On January 5th 2018, my grandson Elias MacNab was forcibly taken from my arms by his father and the Indiana police using an ex parte temporary custody order obtained through perjury. He did NOT obtain a court order to assist, and he knew there was NO  IMMEDIATE DANGER. Jonathan also knowingly provided false information to the Indiana police. He immediately left the state with my grandson, and neither my daughter or anyone in the family has heard his voice since that day. The custody case was DISMISSED and there is NO custody order. Jonathan has now made the choice to cut Amy completely out of her son's life.

This is NOT in the best interests of his son, and this is NOT legal.

BACKGROUND AND FACTS
• Amy and Jonathan have been friends for over 20 years. They never married but lived together for 11 years. They split when Elias was almost five. Elias lived with Amy, and Jonathan spent time with him whenever he liked. They never went to court, and there was no custody order.
• Elias began staying with Jonathan in Hood River in the latter part of 2015 following Amy's sudden diagnosis of multiple sclerosis. Over 30 lesions were on her brain. She turned down all MS medications and chose to treat her disease through alternative methods. She has not been sick since August of 2016. Elias was to finish middle school in Hood River and return home to live with his mother and brother. Amy has always been a stay at home mother. She also works from home.
• In October 2017, Jonathan began acting very strange. He began cutting off communication between Elias and his mother, and Elias and myself, for a week or more at a time. Amy began getting odd texts threatening to call social services and have Elias's brother removed if she didn't stop trying to talk to her son. Amy had trusted Jonathan more than anyone, and he was becoming someone that she no longer knew.
• Because Jonathan's behavior was so bizarre, Amy began unofficially talking to police officer friends beginning in late October keeping them updated and getting advice.
• Jonathan sent Elias home on Dec 26th. After talking to Elias, Amy informed Jonathan that she was putting Elias into therapy and that Elias had agreed to it. Jonathan immediately accused Amy of kidnapping.
• Jonathan immediately ran out and got an ex parte temporary custody order.

ORS 107.097 - Ex parte temporary custody or parenting time orders:
(1) Except as otherwise provided in subsection (3) of this section, a court MAY NOT enter ex parte a temporary order under ORS 107.095 (Provisions court may make after commencement of suit and before judgment), 109.103 (Proceeding to determine
custody or support of child) or 109.119 (Rights of person who establishes emotional ties creating child-parent relationship or ongoing personal relationship) providing for the custody of, or parenting time with, a child.
SUBSECTION 3:
(a) A court may enter ex parte a temporary order providing for the custody of, or parenting time with, a child IF:

(A) The party requesting an order is present in court and presents an affidavit or a declaration under penalty of perjury, alleging that the child is in IMMEDIATE DANGER;
and
(B) The court finds, based on the FACTS presented in the party's testimony, the party's affidavit or declaration under penalty of perjury and the testimony of the other party, if the other party is present, that the child is in IMMEDIATE DANGER.

Elias was home with his mother, brother, grandparents, and family in the town that he grew up in. There was no danger, and nobody has seen any sort of declaration or affidavit alleging danger. Elias was home and going to get needed therapy. The order should not have been granted for that reason alone. But, along with that…

Amy knew within minutes of being served that there were many issues with the papers.

1. Jonathan stated under oath that Elias lived with him in Hood River when Elias really lived with Amy, and Jonathan lived in Indiana.
2. Stated under oath that he lived at his current address for 2 ½ years. It had been less than 90 days.
3. Left off a minimum of three addresses and the names and current addresses of those living there. The main one being the home where Jonathan rented a room and lived for approximately 18-19 months.
4. Stated that Elias lived with Amy in Lake City, Indiana. A minor error perhaps, but that is neither a city or a county in Indiana.
5. Questionable, but in early November, Jonathan showed Elias signed court papers and twice told Amy she would be served in a day or two. Nothing was really filed. The papers Amy was served were internet printed in November. November was
crossed out and December was handwritten in. If these are the same papers, they were not signed and dated at the same time. That is merely something we have questioned, but it would seem that a lawyer wouldn't cross off words and hand write others in.
7. The papers were stamped "certified true copy" and signed by the lawyer as they should be. The actual summons was the only paper not stamped or signed.

A PERSON DOES NOT "FORGET" WHERE THEY LIVED FOR 2 1/2 YEARS!

The night Amy was served, Jonathan sent a text threatening criminal charges if she didn't comply. Told her that he would use any means necessary to enforce. Then a second text stating that his lawyer would be in touch to order Elias home early. The agreed upon return date was Jan 9th. Jonathan had the ticket info and email with his agreement. No lawyer was ever in touch.

January 5th, 2018

On January 5th, Elias was at my home watching TV with me. The doorbell rang. I asked Elias to look. I heard crying. Jonathan had walked into my home and grabbed Elias. Said he was taking him. I saw 3 or 4 police cars outside. The officers entered after Jonathan. By then I was holding onto Elias. He was gripping my arm. I told them I did not have the authority to let them take him, and they needed to go two houses down and speak to Amy as she had a lawyer. They ordered me to release Elias. Jonathan left with him. I was hysterical and begging them to not take Elias, that he had a return ticket for January 9th. I am 70 years old. My arm was in a sling, and I was barefoot outside in 10 degree weather. I asked twice to see the court order to assist that had my address on it. Three of the officers just looked at each other almost as if they weren't sure why they were there. A fourth officer came over and asked if anyone had a court order. One officer finally said there was a temporary custody order out of Oregon, but he didn't have it. I was again hysterical and was ordered back into my home.

I called Amy screaming that Jonathan had taken Elias. The police were then at her door. She was not given a reason why Elias was taken. She told them he had a plane ticket and attempted to show them. The officer would not let her show him the email and ticket. He told her it was a civil issue, and there was nothing he could do. If it was a civil issue, there was no immediate danger, no order to assist, and Jonathan had the return ticket, why was half the police force outside my home? An ambulance had to be called for me. I refused to go to the hospital because I didn't know what was going on. The medics stayed with me until I was stable. On January 7th, Amy sent Jonathan a text asking for Elias to please call her. She was told no. She was told that when permitted to speak with him, all future calls will be on speaker phone and recorded.

Nobody had a clue what was going on. I could not leave my home for nearly 2 weeks and couldn't drive for a month. Twelve days after Elias was taken, I called the police station and asked if they could have a copy of the report ready for me to pick up. Upon walking into the office of the officer responsible for the incident, before handing me the report, the first thing he said was, "Don't even think about suing me." I had never even thought that, but it seems he had a reason for saying it. I looked at the report and noticed the following:
• The phone number was not Jonathan's. It was his years ago. An Indiana number that belongs to a woman who does not know him.
• The driver's license number was also an Indiana number.
• Jonathan told the police that he had "conversations" with Amy and she stated that she did not care about his court order and was just going to keep Elias. Amy had not talked or texted Jonathan a single time, and that is not even something she would ever
say or do.
• It was Friday and Jonathan stated that another reason Elias had to leave was because he had school on Monday. He neglected to tell them that Elias was returning early Tuesday morning, and he had the ticket information.
• The address for the incident was not mine. It was Amy's. Though two homes down, I'm on a corner with a different street name. While on the way, Jonathan learned that Elias was not at Amy's and directed the officers to my home instead.

Jonathan was charged with contempt in early February after texting Amy and bragging that Elias had a new number for a month and didn't care to talk to her. He also bragged about having "secret conversations" with Elias the entire time he was here. At the time, he wasn't aware that the conversations were not secret. He was charged with interfering in communication, secreting a child, and attempting to instill a negative bias in Elias towards his mother. He was ordered to provide Elias's number and ordered to immediately restart communication between Elias and his mother. He provided the number, it was answered and immediately hung up, and her number blocked. My number has been blocked since February also. Jonathan has continually stated that he's encouraged Elias to call his mother, but it is Elias's choice and there is nothing that he can do. That is NOT complying.

The case was dismissed on Amy's birthday, May 17th. The contempt charges went away with the case. Amy has never wanted to hurt Jonathan and believed that he would agree to work things out together. He threatened to sue if she did not send money. We have now talked to the Cedar Lake police many times. The police chief was not on duty that day, but has stated that this should never have happened, and the main concern is the false phone number. Shortly before school let out in June, Amy went back and spoke to one of the officers involved that day. After speaking with him and pointing out some unknown facts, Amy was advised to go to the courthouse and get a protection order. Amy went to the courthouse and was told that because Elias is in Oregon and she has no proof of physical danger, she could likely only get an order of protection for herself.

Danger and harm are not always visible! The emotional harm done to a child forced to reject the mother and family that he loves can last a lifetime!

Elias graduated 8th grade, and his mother doesn't even have a picture. Amy again attempted to talk to Jonathan. She told him that it was summer and Elias should be with his family, and she intended to put him in therapy. She asked Jonathan to participate and told him that Elias needed both parents and working things out together through therapy would be best for everyone so that they could move forward. Jonathan's response confirmed that he intends to keep Elias from speaking to his mother privately for as long as possible. Amy was told that Elias will not be leaving the state until Jonathan has custody in Oregon. He told Amy that she is welcome to come to Hood River for supervised visitation only. There is no custody case or custody order. A person cannot order supervised visitation so that they can control what is being said.

We now know why Jonathan is keeping Elias from his mother. It was right in front of our face the entire time. It's what's in the police report, but also what's missing from the police report. It's what Jonathan was telling Elias in his "secret conversations" that weren't secret. It's what nobody has ever given us an answer to. We have attempted to talk to Jonathan's family and requested their help. We've explained that this has nothing to do with custody at all, it's about a mother who has cried every day for over 8 months. A mother who hasn't heard a word from the child that she raised. There has only been silence.

WATCH OUT FOR THE SILENT ONES, FOR THEY OFTEN HAVE THE MOST TO SAY!

Although the temporary order was dismissed, it never should have been granted being that there was no emergency or danger and because it was granted based on false statements (perjury). However, it was granted. Jonathan sent Elias home and he was aware that Elias was returning on the date he agreed to. It was clearly not an emergency as Jonathan waited 8 days after the order was granted before deciding to hop on a plane and "rescue" Elias. Therefore, the following Indiana statute should apply.

Sec. 4 . (a) A person who, with the intent to deprive another person of child custody rights, knowingly or intentionally:

(1) removes another person who is less than eighteen (18) years of age to a place outside Indiana when the removal violates a child custody order of a court;  or
(2) violates a child custody order of a court by failing to return a person who is less than eighteen (18) years of age to Indiana;
commits interference with custody, a Level 6 felony.  However, the offense is a Level 5 felony if the other person is less than fourteen (14) years of age and is not the person's child, and a Level 4 felony if the offense is committed while armed with a deadly weapon or results in serious bodily injury to another person.

(b) A person who with the intent to deprive another person of custody or parenting time rights:
(1) knowingly or intentionally takes;
(2) knowingly or intentionally detains;  or
(3) knowingly or intentionally conceals;
a person who is less than eighteen (18) years of age commits interference with custody, a Class C misdemeanor.  However, the offense is a Class B misdemeanor if the taking, concealment, or detention is in violation of a court order.
(c) With respect to a violation of this section, a court may consider as a mitigating circumstance the accused person's return of the other person in accordance with the child custody order or parenting time order within seven (7) days after the removal.
(d) The offenses described in this section continue as long as the child is concealed or detained or both.
(e) If a person is convicted of an offense under this section, a court may impose against the defendant reasonable costs incurred by a parent or guardian of the child because of the taking, detention, or concealment of the child.

Whether one considers a custody order granted through "unclean hands" valid or not, the taking and concealing of Elias for 8th months is still a criminal act. Elias does not have a single family member in Hood River. His only support system is his father. Jonathan has instructed Amy to stop all communication with him and that any and all further communication, including personal emails and phone calls, go through his lawyer only. There is no active custody case, so that in itself seems a very odd request.

All children have the right to the love and care from both parents. Depriving Elias of that right, and depriving Amy of the right to be a mother and play an active role in Elias's upbringing WILL NOT BE TOLERATED! Intentionally breaking the bond between Elias and his 7-year-old brother and Elias and myself, grandfather, and other family members WILL NOT BE TOLERATED! Instilling fear in a child due to a need to protect oneself WILL NOT BE TOLERATED! Refusing to include Amy in therapy and not allowing her to put Elias in therapy is neglecting one of Elias's greatest needs and WILL NOT BE TOLERATED!

Elias has never been abused, and there has never been any accusations of abuse. Amy has never been in trouble or arrested, and in 44 years, the only person to have ever called the police on her is Jonathan. And he did it twice in less than 3 months without any valid reason. Our entire family is being torn apart. While Amy has broken no laws and violated no orders, Jonathan has broken laws in both states and violated multiple stipulations on the now dismissed order that should not have been granted. While we've sat here suffering for over 8 months, Jonathan has made the choice to eliminate Amy from Elias's life. THIS IS NOT LEGAL AND WILL NOT BE TOLERATED!

Since the incident on Jan 5th 2018, my health has declined. I am now seeing a cardiologist and have been put on blood pressure medication. I suffer from vertigo, and I am often afraid to drive due to these health issues. My doctors have stated that my heart and other medical issues are directly related to this incident. I fear that if this continues, I may never see or talk to the grandson that I helped my daughter raise again. But I am only the grandmother. I will do everything in my power to end the intentional hurt being done to my daughter as well as the emotional abuse being done to my grandson. Alienating a child from his loving mother and family is a form of child abuse and WILL NOT BE TOLERATED!

Children are being separated from loving fit parents every day. Whether at the border or through family court, the forced separation of a parent and child is never okay. Neither situation applies here. This is a forced separation due to a father making the choice to cut off half his child's roots. Not to protect his child, but to protect himself.

WE THE PEOPLE need to stand together and let our voices be heard. Together we are an army, and we will fight to protect the rights of not just Amy and Elias, but the rights of parents and children everywhere. No matter your religion, country, or color of skin, there is really only one race, and that is the human race. WE ARE ONE!

A parent's right to the custody of his or her children is an element of "liberty" guaranteed by the 5th Amendment and the 14th Amendment of the United States Constitution.

I ask that you please sign and share this petition to all. DEMAND that Elias be IMMEDIATELY returned to his mother in Indiana so that he can receive the care and therapy being denied. Demand that the truth be told, and justice be served.

Links will be provided with further information that Amy and I have come to find out that causes great concern for the safety and well-being of Elias.

PLEASE SIGN AND SHARE! NO MORE SILENCE!