IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI
FAMILY COURT DIVISION
AT KANSAS CITY
IN RE THE MATTER OF:
JOHNNY B. GOODE
308 W. KANSAS
INDEPENDENCE, MO 64050
Petitioners,
and
ANN A. HOLE.
415 E. 12th STREET
KANSAS CITY, MO 64106
Respondent.
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Case No. ________________
Division No:
SERVE: OUT OF STATE PRIVATE PROCESS SERVER
PETITION FOR WRIT OF HABEAS CORPUS
COMES NOW Petitioner, JOHNNY B. GOODE, by and through his attorney of record,
Jennifer Oswald Brown, and respectfully requests an Order of this Court directing and requiring
that Respondent, ANN A. HOLE, immediately surrender the person(s) and custody of BABY
GOODE, now one (1) year of age, and CHILD GOODE, now six (6) years of age, to the Petitioner,
and/or for an Order requiring that Respondent immediately appear before this Court and that the
Court grant a Writ of Habeas Corpus requiring that Respondent bring with her the parties’ minor
children, BABY GOODE and CHILD GOODE for the following reasons:
1.
Petitioner and Respondent are the parents of BABY GOODE and CHILD
GOODE.
2.
On September 25, 2014, the Circuit Court of Jackson County, Missouri, at Kansas
City, entered a Judgment Modifying Foreign Judgment. Said judgment granted the parties
joint legal and joint physical custody of the minor children with Petitioner’s address
designated as the children’s address for educational and mailing purposes.
3.
The minor children has resided continuously in the State of Missouri, for at least
six (6) months preceding the commencement of this action and thus Missouri is the home
state of the minor children.
4.
That on or about December 26, 2014, Petitioner allowed the minor children to go
with their mother, Ann A. Hole, to exercise her parenting time, for a visit to mother’s
parents’ home in New York. The minor child was to return home, by agreement between
Petitioner and Respondent, and this Court’s Judgment, on January 1, 2015. On or about
December 29, 2014, Petitioner spoke to Respondent on the phone and the Respondent gave
Petitioner her and the minor children’s flight information for January 1, 2015. Moreover,
on January 1, 2015, Petitioner contacted the airline and learned the Respondent and minor
children were never booked on said flight. Further, Petitioner learned that Respondent and
Respondent’s parents had been working in collusion in order to have the minor children
live with Respondent in New York and to not return to Petitioner. Respondent has taken
the minor children, despite the current Judgment which only allows the Respondent to have
parenting time from the day after Christmas through New Year’s Day.
5.
On or about January 4, 2015 and January 5, 2015, throughout the night, Petitioner
drove to New York to retrieve the children from Respondent and went to the local police
department of Romulus, New York, who in turn sent him to the County Courthouse in the
County of Seneca, New York.
6.
Once Petitioner arrived at the Seneca County Courthouse he was served a show
cause motion, and the hearing was set for the same day, January 5, 2015.
7.
Respondent arrived at the Seneca County Courthouse and for the show cause
hearing, however the Judge set a control hearing for January 23, 2015.
8.
Respondent also came with the minor children to the Seneca County Courthouse
but did not let Petitioner see the minor children.
9.
Respondent has since returned to Missouri in order to enforce his current judgment.
10.
Respondent continues to restrict Petitioner’s contact with the minor children despite
the fact that the Respondent, per the current judgment regarding custody and visitation, is
only permitted to exercise parenting time through New Years Day and was to return the
children to Petitioner.
11.
The Petitioner has been denied parenting time/custody with the minor children
since January 1, 2015, in blatant circumvention of the parties’ current judgment.
12.
The minor child is illegally and improperly being restrained by Respondent, Ann
A. Hole, in Romulus, New York.
13.
Respondent has wrongfully withheld, detained and refused to release the minor
children to the custody and control of the Petitioner, despite the parties September 25, 2014,
Judgment Modifying Foreign Judgment.
14.
Other than as set forth above, no other application or petition for relief has been
made to or refused by any Court, officer or officers, superior to the one to whom this
Petition for Writ of Habeas Corpus is presented.
15.
Pursuant to Missouri Supreme Court Rule 91.05, this Court should issue an Order
directing Respondent/Mother, Ann A. Hole, or such other person(s) who may have
possession of the children, to immediately deliver the children to Petitioner, or to appear
and show cause why the Writ should not be granted.
16.
This Court has jurisdiction to issue the Writ of Habeas Corpus herein in that the
child is presently a resident of Jackson County, Missouri, and this Court has continuing
and exclusive jurisdiction over the child pursuant to R.S.Mo. §452.745.
17.
Petitioner does not have sufficient means or property with which to pay counsel for
prosecution of this petition, to provide suit monies, or to secure and pay the costs which
may accrue herein; whereas, Respondent is able-bodied, employed, and capable of earning
a substantial income sufficient to enable her to provide Petitioner the necessary costs of
this action, including the reasonable attorney's fees of Petitioner.
18.
Further, that by the filing of this motion as well as the other pending motions in this
matter that Petitioner has established sufficient cause for this Court to order the Respondent
to pay Petitioner’s reasonable attorney fees and costs incurred herein, pursuant to R.S.
Mo.§452.377(5)(3).
WHEREFORE, Petitioner, Johnny B. Goode, prays that a Writ of Habeas Corpus issue and
be served upon Respondent Ann A. Hole, commanding Respondent to immediately deliver the
minor children, BABY GOODE and CHILD GOODE to Petitioner, and to appear before the
Honorable _______________________________
of the Circuit Court of Jackson County,
Missouri at Kansas City, Jackson County Courthouse, 415 East 12th Street, Kansas City, Missouri,
on the ______day of January, 2015, at ________ a.m./p.m., to show the lawful basis or authority,
if any, for Respondent’s refusal to return said child to the Petitioner; that the Court order
Respondent to pay Petitioner’s costs and expenses herein, including Petitioner’s reasonable
attorney's fees; Petitioner’s travel expenses; and, that the Court render such other orders as the
Court deems just and proper in the premises.
OSWALD ROAM REW & FRY LLC
/s/ Jennifer Oswald Brown____________
Jennifer Oswald Brown
Erin Mayfield Craig
601 NW Jefferson
P.O. Box 550
Blue Springs, Missouri 64014
TEL: (816) 229-8121
FAX: (816) 229-0802
jobrown@orrf-law.com
emayfieldcraig@orrf-law.com
ATTORNEYS FOR PETITIONER
AFFIDAVIT
STATE OF MISSOURI
COUNTY OF JACKSON
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Johnny B. Goode, of lawful age, being first duly sworn upon his oath, states that he is the
Petitioner named above; that the facts stated in the foregoing are true according to his best
knowledge, information and belief.
_____________________________
Johnny B. Goode
Father
Subscribed and sworn to before me, a Notary Public, this ______ day of January, 2015.
______________________________
Notary Public
My Commission Expires: