WHERE IS JOSHUA WILLIAM SMITH?
- Joshua William Smith
War Between Texas and North Carolina
For THREE years North Carolina refuses to Obey the State and Federal Codes of the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), and ignores Orders from Texas Judges to Return Joshua William Smith, a Texas resident. Texas District Court Granted a Writ of Habeas Corpus, to be enforced by law enforcement in retrieving Joshua William Smith from NC and returning him to Texas. The Second Court of Appeals in North Carolina has ruled, “North Carolina does not have subject matter jurisdiction.” As of May 2009, Joshua Smith remains in the (UNLAWFUL) Temporary custody of NC Social Services, for over THREE years, in violation of Federal UCCJEA and the state laws of NC and TX, cited throughout the linked court documents below. If you read the most recent Appellate court ruling, you will know the NC court’s opinion, based on cited case law, in determining that North Carolina does not have jurisdiction over the custody and care of Joshua William Smith. North Carolina’s Second Court of Appeals ruled that NC does not have Jurisdiction, WHY is NC allowed to illegally detain Joshua Smith? (The above portions, documents and pictures provided by http://hope4kidz.org)
Joshua William Smith, School Picture
To see the rest of the hope4kidz story on Joshua visit: http://hope4kidz.org/stories/joshua/joshua.html
Before CPS Custody
I was contacted by hope4kidz because they thought I might want to look at the documentation in this case and post this story on my blog, since I live in North Carolina and receive a lot of North Carolina visitors. After viewing the documentation in this case I must say that I am absolutely shocked that the Carteret County Department of Social Services and North Carolina Department of Health and Human Services has been allowed to get away with the Federal Kidnapping of Joshua!
I include the North Carolina Department of Health and Human Services as a responsible party in this case because they have an Principal/agent relationship with county offices. With the court action that has occurred in this case, North Carolina DSS surely knows what is occurring in their own state and has the power to order Carteret County to relinquish their illegal custody of Joshua. The courts here in North Carolina have found and held the North Carolina Department of Health and Human Services responsible for the actions of county offices, their agents.
Upon reviewing the documents in this case it is crystal clear that this child in being illegally detained by the State of North Carolina in violation of a Texas Court Order, state and federal laws.
Before CPS Custody
Here are the documents that I reviewed in order by the dates they were filed the links to the full pdf documents are in yellow:
Smith Javan – GAL Report from 5_16_08Amazingly in this document the GAL admits that Joshua’s environment is not stable….well North Carolina has had illegal custody of him for the last 2 years and 25 days at the time of her report, (over 3 years now) and according to the North Carolina Court of appeals Joshua has been in numerous placements since North Carolina illegally removed this child from his fathers care based on unproven and false allegations. So I would state that North Carolina DSS is responsible for the instability in this child’s life, as well as Joshua’s lack of an education…Click on the link for the GAL report above to see the full report. I hope everyone of you can realize how ridiculous this report is…everything that the GAL states in here as issues have been caused by the actions of North Carolina CPS.
At the time of this GAL report Josh had been out of the home 2years 25 days.
The GAL also states in this report that Joshua has only been in one placement, yet later states that he was in a foster home…
GAL Issues For The Court
This Report is Full of Contradictions!!!!
The GAL’s report is full of contradictions, they say Joshua won’t cooperate at school that is why his educational needs are not being met, yet further down the tutor states that Joshua’s behavior is not an issue….that the issue is that Joshua’s sessions are space too far apart to be effective for Joshua.
The County Cannot Meet Joshua’s Needs!!!
Right here proves that North Carolina’s Continuing “illegal” custody is not in Joshua’s best interested…they are illegally holding a child and damaging this child beyond repair. And the worse part about this, is that they know they are harming Joshua in this manner. They even admit it with this sentence.
Illegal Adoption Recommendation
When you do not have legal custody of a child, can you put them up for adoption? Is that what has happened to Joshua? To the adoptive parents, if there are any, “If you have adopted Joshua, please know that this is a illegal adoption and that Joshua needs to be returned to his family.” If you are the family who has adopted Joshua please visit the hope4kidz.org website and call their toll-free number.” Return Joshua to his rightful place!
Unanswered ASFA question
TXhabeas_order_Smith
Mother defaulted Custody
Jurisdiction of New York Became Null and Void When Mother dismissed New York CaseThe New York case had been dismissed, therefore Texas is the state with jurisdiction in this case, the father filed for and received sole, legal and physical custody of Joshua. In the above and below orders, the state of Texas issued orders to North Carolina to relinquish this child. Which to this date the State of North Carolina and Carteret County Department of Social Services has refused to do.
texas habeas corpus order_final
- Texas Finds North Carolina Guilty of Neglect and Abuse
Texas has found that Carteret County North Carolina is abusing and neglecting Joshua and that they are putting this child’s safety and well-being at risk. I wonder if there is a central registry for them? I have to wonder exactly where Joshua is, the Texas court found that Carteret County was purposely hiding Joshua from his father. At one point they had even sent him out of State to Virginia, so I have to ask, where is Joshua now? Is he in North Carolina or have they again sent him unlawfully out of state to further deny his father’s custody? Is Joshua even alive??? Where is this child and how long will it take before the FBI or the federal Government intervenes in this case and makes Carteret County give Joshua back and arrest the key players for their role in this federal crime.
Reason For Review The Court of Appeals found that Joshua had been in numerous placements over the years. Joshua is autistic and requires stability in order to thrive. In their desperate attempt to hide this child from his father, Carteret County DSS has caused severe emotional harm to this child. I honestly have to wonder if Joshua is returned home if he will ever be able to overcome the damage that North Carolina has caused him.
The North Carolina Court of Appeals has found that North Carolina DID NOT HAVE JURISDICTION!!! The Decision of the trial court was Reversed by the North Carolina Court of Appeals…Note that it could not be remanded for additional findings or a new decision because North Carolina does not have Jurisdiction over the child. Even with a finding by the North Carolina Court of Appeals, North Carolina Department of Social Services continues to illegally detain Joshua. North Carolina does not have the jurisdiction to continue to hold Joshua and keep him from his father, furthermore, since North Carolina lacks Jurisdiction over Joshua they cannot find him a abused or neglected child and place him into foster care. As it stands in this case, North Carolina DOES NOT HAVE CUSTODY OF JOSHUA WILLIAM SMITH and are, as a matter of law, holding him illegally…this is called kidnapping! If North Carolina does not have jurisdiction or custody of this child, are they also fraudulently receiving foster care funds, from the Federal Government for Joshua’s care as well as Joshua’s SSI for his disability. Because without jurisdiction and custody, North Carolina DSS and whatever county department who is now hiding Joshua from his father, are not entitled to any title IV funds or state funds for Joshua’s care, (this would also include medicaid and foster care subsidies, adoption subsidies and any other funds for his care) nor are they entitled to his SSI payments, if he receives SSI. If they are collecting these payments and funding for Joshua’s care they are committing fraud. I can almost assure you that they are receiving funding for Joshua’s care…. I repeat: Since North Carolina does not have legal custody of Joshua, as according to their own courts….they lack the subject matter jurisdiction to find Joshua abused or neglect, they also lack the subject matter jurisdiction to place his custody with DSS, adopt him out, place him out of state, place him in a group home, place him in foster care, or any other type of placement. To do so is illegal. The only legal avenue that North Carolina has is to obey the Texas Court and return this child to his fathers rightful custody and face the charges that should be brought against them for their federal kidnapping of this child. This is the transcript of a phone call between the registered nurse that Javan Smith had caring for Joshua and one of the DSS workers who came to the house at 3am to remove Joshua, based on allegations that his father had abandoned him. In this phone call the DSS worker admits that she did not see a reason to remove Joshua and tried to tell the other county that but they told her to pick up the child anyway. This is one of the last pictures that Joshua’s father has received of him. In this picture Joshua looks visibly upset and has what appears to be numerous, huge bruises on his right elbow and upper arm. I would say these bruises required medical attention, yet instead of taking Joshua to a doctor…they decided they would take his picture instead. If you will remember in the GAL report, it states that during the GAL’s visit Joshua had collided with another child and was crying. Joshua was told by “the care giver” at that time “that these types of things happen in life and there was no reason to cry.” I have to wonder if on the date that this picture was taken, if he was also told the same thing. Judging by the bruises that I see in Joshua’s arm in this picture not only did he need immediate medical attention…he had every right to cry, I would have and I am not an autistic child. The neglect, abuse, and kidnapping of this child by the Carteret County Department of Social Services and the aiding and abetting of these crimes by the North Carolina Department of Human Service CANNOT be allowed to continue another day. Return this child to his father, so that he may begin the process of healing from the abuse he has suffered at the State of North Carolina’s hands! I am asking everyone who reads this post to contact the national media about this case…direct them to my blog, have them contact me at my email address lawdoll1@gmail.com I will make sure that they see the evidence that proves Javan Smith’s case. We need to speak out about this now…if they are allowed to get away with this blatant disregard for the laws of this country, they will continue to break the law. One day it may even be your child kidnapped by this corrupt DSS.
52 Comments
this is bad and other counties in north carolina are guilty of addopting children out , even though they have other family members to take them. aunts / and other family members just get pushed aside / even by the courts here in north carolina..
thanks for all the time and effort you put into this! the above excerpts from these documents are accurate, factual and certified court documents.
any one who knows where my boy is, can call hope4kidz, or Kelly at LBI investigations.
480) 505-2170
thank you again, for bringing this tragedy to light
EVERY one of you who reads this is a Hero for Josh!
some history about josh, he is high functioning autistic, and emotionally sensitive, so when he cried when he ran into that other child, it was normal for him.
prior to his kidnapping, Joshua was a studen at Christa Mcaulife Academy, http://www.cmacademy.org, was approved for courses at Stanford Universities Exptended program for Gifted Youth, EPGY.stanford.edu
he is noted as the youngest active sutedent member of the Federalist Society http://www.fed-soc.org
Joshua is know as “Josh Rock” noted as a conceert level percussionist,from age five, and has had numerous adivisors from some of the country’s top music institutions.
he plays a 22 piece pearl drum kit, which has been silent since he was kidnapped.
thanks again, and if anyone knows where he is, or even if he is alive, PLEASE email or call.
Thanks, Javan P. Smith, DAD
one correction for above- the Cherry Green Transcrip is not of a phone call, Patty Cherry actually went into social services and met with daphne green, with a tape recorder.
Javan Smith
It might be better if someone from NC actually called the Eastern District US Attorney George E. B. Holding
Office of the United States Attorney
310 New Bern Avenue
Federal Building, Suite 800
Raleigh, North Carolina 27601-1461
Phone: (919) 856-4530
and asked him to prosecute these people.
I am moved by fathers dedication and persistance. I have experienced legal kidnaping in Tennessee. I had my children returned when I told the caseworker that if she TPR’d me, I would kill her children. What else could I do? They were returned, only to be stolen again in another state, because the former foster mother from Tennessee wanted my children, and she got them! From another state! Yet, returned them to foster care abyss after she destroyed our family, and just changed her mind about wanting to adopt them! I wish I could help get Josh back to his dad. If you locate him, send me an email. I will kidnap him. Organize criminal activity like they do. What’s left to lose?
I have been reading up on this case for some time now. I don’t understand all the elements. Yes, I agree it’s sad that a child was taken from his parents.
The only element of this case that you really need to understand in this case is the North Carolina court of Appeals finding that North Carolina does not have subject matter jusidiction over Josh.
That means that their custody and continual holding of Joshua is illegal. The finding of lack of jurisdiction says it all…NC cannot put Joshua in a foster home, they cannot collect money for him, they cannot keep him from his father because they have no grounds to do so…period.
This child should have been returned, yet NC continues to illegally hold him…this is not a civil matter but a criminal one…..This is Federal Kidnapping!!!!
Praying for a rightful ending to this debacle- and that it happen soon. We support you all the way, Javan and hope that the work you have done for your little boy will erve as a caution to each and every one of us. If this can happen to you, it can happen to me.
Naysayers will continue to refer to judicial motions based on hearsay evidence, primarily an Opinion from Virginia, based on verbal contact with Debra Gilmore, NC DSS attorney.
Important are the unusual and extreme actions taken by Texas Courts in Ordering a Writ of Habeas Corpus and Writ of Attachment, AND North Carolina’s Appellate Court ruling, while Cartaret County refuses to abide by the Appellate Court’s Orders.
Texas is the state of custodial jurisdiction and NC Appellate Court ruled tht NC does not have jurisdiction.
According to the Appellate court, Cartaret County received service of the court’s ruling and Order to reunite Josh and Javan in Jan. 2009.
What does not make sense is that Judge Sonzogni moved to Seal the record containing an unenforced NC Appellate Court Order. This appears to have happened on the 21th day, obviously to prevent anyone from finding the Order in January 2009.
For over a year, we have been observing and investigating this case (with full permission) by calling therapists, obtaining reports, studying motions and Orders from TX, NY, and NC; including having a noninvolved attorney assess the Court’s Orders.
Other than finding a few people who have an axe to grind with Javan Smith, over the goofiest nonsense, DSS’ removal of Joshua Smith was not based on neglect, abandonment, or abuse.
What does a person do when the Courts of Texas and North Carolina repeatedly Order Cartaret County NC to return Joshua Smith, and Cartaret County representatives thumb their nose at NC Appellate courts and TX Court Orders?
Javan & Joshua are in my prayers. It is absolutely heartbreaking what has happened. The arrogance of Cartaret County is appalling. I have never heard of such a thing. But apparently it has happened in other places.
Have you contacted the FBI? Don’t they get involved with kidnappings? Just a thought.
Any chance of having this carried on a national news program? Nancy Grace? Greta Van Susteren?
Just a thought, have you contacted all talk shows and tried to get your story out that way?
i have spent endless hours on the computer trying to get this into the hands of the media. i think what is needed is for massive amounts of people to call/e-mail different media outlets with this story–include this link so they can see the documents.
if enough people start calling the media, eventually someone will listen!
the same is true for politicians. it’s one thing for me to call the governor’s office or reps for carteret and onslow co (onslow is involved because that is the place he was last known to be), but if they start getting calls on a large scale about this case, maybe then something will happen.
as to the fbi, if you look at the writ of habeas corpus which is a year old now, carteret co had 10 days to hand josh over. if they did not do this, then the fbi/us marshalls were COMMANDED to pick josh up. special agent rocky talentino (sorry can’t spell) of the fbi was given all the information a year ago and refused to act upon it.
in my opinion, this case has set legal precedents in the fight against cps. the problem is that we have pieces of paper that should be precious–especially the writ of habeas corpus–but instead of turned worthless because nobody will enforce them.
the message this sends to cps is that they are above the law. they can do whatever they want, and even if a parent goes to extreme lengths to fight legally, it doesn’t matter. even if the parent has the law on their side, law enforcement is going to yawn at the orders. so what motivation do they have to obey the law? none, because there is no accountability.
we need the public’s help in this. if all you can do is go in your address book and copy this link and send it to everyone you know, that is a help!!! if you feel that you could do more, then contacting the media and politicians and any other person you think could help, would be great. we have to get this out into the public eye and force law enforcement to do their job.
i’m only one person. maybe they won’t listen to just me, but if enough “one persons” start calling in, eventually someone will listen.
thank you,
april (josh’s step mom)
Hope4Kidz:
The name Sonzogni doesn’t appear to be a valid judge. Using NC own judicial search page http://www1.aoc.state.nc.us/juddir/employee/search/public/init.do doesn’t turn up anyone with that name.
i think sonzogni is the lawyer for carteret co dss.
april
Judge Sonzogni is not a real judge according to NC own judicial directory http://www1.aoc.state.nc.us/juddir/employee/search/public/init.do
That’s more like it SOCIAL SERVICES 210 Craven Street Beaufort, NC 28516 728-3181/728-3631 Attorney Stephanie.Sonzogni@ccdss.com
Sort of makes sense that she asked for that but the Court of Appeals isn’t in the jurisdiction of the district court. Did Javan’s lawyer move for dismissal – that would have required her to move to transfer to NY or TX or lose. Of course sealing the records just means Texas CPS doesn’t have easy access. Javan can get them anytime (even if he has to file a federal lawsuit). Oh and Stephanie can be charged as an accessory – she’s on the DSS team.
my understanding is that josh’s records in carteret co have been sealed. our pi’s are working to get it elsewhere. the court of appeals decision is posted on-line, it just doesn’t have the seal on it. please remember too that a lot of things that legally javan should have access to is being withheld. legal doesn’t mean anything to these people. they are blatantly breaking the law. also remember that texas cps is not involved. eventually we believe a lot of people will be going to jail in this matter, but the problem is getting josh out of there first.
You file suit in the Federal District Court (probably the Western District for Texas that covers San Antonio) alledging civil rights violations (18USC242, 42USC1983) and simple kidnapping (18USC1201(a)(1)) by NC DSS, CC DSS, NC DC 03B judge(s), GAL and get discovery on all of them. Ask for a preliminary injuction requiring them to stop holding Joshua and provide the corpus of Joshua per the Bexar Co. District Court’s order. Allege they took, illegally hold and have information about where Joshua is. Provide the latest Texas court order, the last NY court order, and the NC Court of Appeals decision and allege they make CC DSS continued holding of Joshua illegal. Make one of your interogatories about Joshua’s location. When they fail to provide information on where to pick up Joshua, compell them to answer the interogatory and provide all papers, computers and other evidence from their offices and (employees’) homes. And if they claim any attorney-client privelege, use the “crime/fraud exception” against them. Have them held in comtempt of court if they still refuse to turn him over. If they try to get the case transferred fight it, at least on the grounds that the Texas court is better positioned to deal with the home state (Texas) court and that the behaviour involved crossing state lines.
New York has done the exact same thing except we are in Federal court right now. My daughter came to New York on vacation and to obtain court records with two of her three children. The third was with his father. They all moved to Wisconsin after a totally bias CPS case. The FBI is reluctant to investigate but is willing after a ruling on jurisdiction. Someone in some agency needs to take these two cases to Supreme Court. If the owner of this site could please contact me to coordinate our efforts this may be what parents need to get some checks and balances behind the federal monies incentives. I am Mema on fightcps.com. Please contact me.
Sounds similar to what the state of Wisconsin and the court system have done to me and two of my children. One is in treatment foster care the other is with her father. They always make up excuses not to let the two children come home. I believe it was a cover up because the medical report shows no type of abuse or neglect at all.
hi all, i’m looking at the comparisons persons are making and it underscores what is wrong with the amount of power and discretion given to social services, and that in itself is so far in excess of the powers given to government by the constitution, it isn’t even debatable. however, the similarities between these two cases and our ends there. if you are a new york or wisconsin resident and that state is the home state, they have very broad power to scrutinize, including making decisions based on” best interest” of the child. in this case, members of a foreign state (nc) has illegally detained non-residents (texans) for illegal purpose.
while the texas courts have carefully scrutized me, and i was found a fit parent, and a high level of evidence showed that nc’s allegations were patently false and contrived, even if nc was totally and irrefutably correct in their allegations, THEY STILL CANNOT ADJUDICATE IT for lack of JURISDICTION they MUST, at a minimum, return the child to texas, along with their allegations for texas to review ( texas already has reviewed and ruled on it, they found carteret county to be abusive and neglectful of joshua)
CCDSS’s most recent claim is that i live in a motel and i’m nuts. well things ARE bigger in texas, but for example, the 450 square foot music room in our home that houses the 22 piece drum kit of Josh Rock ( approx. 10% of children with autism display extraordinary talents usually in math art or music, Joshua is perhaps one of the 10 preteen percussionists- globally) is a bit beyond a motel room.
the dept of veterans affairs reviewed 27 YEARS of VA and mlitary records, and a panel of shrinks concluded that i do not suffer from any discernable mental illness.you can believe this, they really TRIED to find something wrong with me. if i had been even one fry short of happy meal, they would have jumped on that like a starving african refugee, and highlighted it. shrinks will try to find something wrong with everyone, if for no other reason than to limit their liability.
the only thing they commented on is that i am an adult with ASD ( Autistic Spectrum Disorder)this is a poorly kept secret. i am one of the first adults on the spectrum to hold an exectuvie position in a chapter of a national non profit organization related to autism.
the fact of the matter is, i could be living under a bridge on the 410 loop, using a grocery cart for a closet, and having animated conversations with parking meters, and that is not reviewable by north carolina, north dakota, califormnia, or anyone else. that is between me and the texas court.
there is a lot wrong in eastern nc. from the murder of kayla allen by a foster parent,and the reduction of her killers capital murder charge to manslaughter-time served, to the recent death attributed to onslow county, and there is the kidnapping and illegal detention of joshua. how many more victims are there that we don’t know about? come forward! tell us about it. we are in this for the long haul. joshua will be home soon. then i’m gonna stomp eastern north carolina, in state, federal, and even international arena’s and i’m not just talking media.
i have a trunk here at my uh, “motel” in it is several neatly folded flags. some are old and faded. with each flag, is a presidential citation. these represent the sacrifices for freedom that several generations of my family made for this coutry, this constitution, and for freedom. Kayla lost her life because these laws and liberties were trampled by these tyrants. joshua lost his freedom to date.
the sacrifices of these people and the other children and vets are in vain if we do not press on until we prevail.
there is not room enough in this country for the tyranny and opression that onslow and carteret county’s have justly earned the mantel for.
at this time, we have endeavored for diplomatic solutions.
law and order, civilty, and freedom are expensive.
this price is usually paid for socially econmically, politically, and with the bodies of patriots, that are self evident in our national cemeteries.
this time the tab is picked up by children. Kayla Allen. Joshua William Smith. can you name more?
it’s time to put a “stop payment order” on eastern NC’s paycheck.
i do not know whether Joshua is alive or dead. i WILL find out.( there is a reason they are not producing him, despite national pressure and direct court orders from several states…..)
this issue goes far deeper than just us.
there is one thing i do know. north carolina has a problem that won’t go away. i’m it.
i have had 10′s of thousands of letters, too many for me to answer individually, but i found it refereshing that many although sympathetic to joshua’s plight, are extremely angry , and one common thread arises out of this roar of indignation and rage: the writ of habeas corpus is so revered internationally, that it was granted to foreigners accused of terrorism, open enemies of ours, the right to petition for habeas coprus and be brought before the us supreme court.
how is it that a handful of persons in a backwater county in north carolina can single handedly effectively suspend the Great Writ for an amercian citizen a child and get away with it?
carteret county had their day in court. they were commanded to appear with joshua and show cause. they did not. they wrote a defiant “screw you” letter to the texas judiciary.
if they had appeared, with or without joshua and made their case, we would not be here today. they ran and hid, leaving no reasonable doubt as to their criminal intent.
They are getting away with it because the District 03B Chief Judge is corrupted. And NC DSS doesn’t supervise the county DSS properly – they just give money without verification. They give both state and federal money out like that because the federal ACS doesn’t want to cut the states off and make them perform properly. The treasury might as well handle the it.
The only thing they will respect is a federal judgment starting with a TRO requiring they follow the Texas court orders and a jury ruling they owe so much more than the any agency can pay (try about $5 Billion) in punitive damages.
North Carolina CPS through Children’s Home Services, let Sean be adopted by two people both of whom were previously abused as children and were recovering alcoholics. The head of Children’s Home Services said this couple was thought to be the best possible potential for adoption…. then Sean Paddock was killed (stuffed in a blanket too tight and put under a bed where he sufforcated). There MUST be a money making thing in this somewhere. Another Child protected to death by CPS. Same thing happened to Cory MacLaughin whose adopted mom beat him to death with a keyboard and hair brush (after CPS removed his brother due to mom giving him rubbing alcohol to drink) — they left Cory with her. She killed him.
God help the children.
I have been trying to keep busy unable to see my grandchildren and have started a website and of course posted your page. My heart is sick that Joshua still is not home. I cannot imagine being in your shoes. For me a stranger, the let down not seeing any good news posted is nothing in comparison to your horror. All prayers are with you. Yes God help the children. It seems we need some miracles and fast.
I haven’t seen anything recently posted about this case. How are things going? Any hope of getting his son home soon?
thanks for your interest. at this time we have no information to lead us to believe Joshua is either alive or dead. we could speculate anything.
a million dollar investigatin by professionals has come up empty handed.
A candlelight vigil for Joshua is being planned in San Antonio, texas, to raise awareness to this, and to give so many an opportunity to come out and support Joshua in person and in prayer.
This event will presided over by clergy from Rise Above Ministires, of San Antonio Texas.
we are currently searching for an approriate venue, the resonse we have had indicates a turnout in excess of 40,000 persons… it is heartwarmimng to see this kind of response, josh will know for aure he is loved by many!
currently http://www.rescuejosh.org is “under construction” while i cannot elaborate on the details at the moment, if we are unable to locate joshua by october 01, 2009, this page will become active, and an opportunity for the general public to help will be available.
in response to Myrak:
this same local organization murdered Kayla allen then 7 years old.
goven that these people have even defied their own appelate court, and legitimate orders from the home state, texas, we have every suspicion that joshua has either been adopted or sold, or murdered. we hope otherwise.
dad- Javan Smith
It’s such a shame that something like this could happen in our country. You don’t think of things like this happening here. I think of things of this nature happening in third world countries. I’m sure it is difficult to wake up every morning knowing that your son isn’t with you. How do you do it? Although, another child can’t take the place of Joshua, I hope you have other children to at least be able to give hugs to and spend time with to help in this difficult situation. May God Bless you and give you all the blessings you deserve in these turbulent times. Please post the time and location of the event honoring your son as I would like to attend. As a father, my heart goes out to you.
Any new news? Christmas is right around the corner. Will Josh be home for Christmas?
Sadly, I do not believe Joshua will be home by Christmas.
so whats going on with this case these days? i havent heard or seen anything in the news or posts in months. whats up with that?
Thanks for asking, some may have thought this a dead issue, but its far from that.
I was informed via an unconfirmed source ( for the third time in three years) we think we have confirmation this is false and he is alive.
the gloves are off. I have offered a one million dollar reward incentive, plus costs fees and expenses, to any private investigator or bounty hunter out there. currently there are about 2 dozen turning over every rock looking for him.
I am currently working on posting a bond so that i might offer the reward publicly, however, any person in possession of Joshua can turn him over to the Bexar County,Texas,District Court, and make application for an order for costs fees and expenses in either case no 2007CI00854 or 2008CI08302.
Please note, while the current one million dollar incentive is directed towards licensed private detectives and bounty hunters, anyone who shows up with Joshua unharmed in Texas, and turns him over to me will be given the million dollar reward.
when we get done hacking through the related technical legal issues, the reward and details of it will be available on http://www.rescuejosh.org, and several other websites.
We just tipped over the million dollar mark in costs trying to recover him. i don’t have a problem spending another million.
many of us are concerned they will kill him or make him completely dissapear otherwise, if we press any civil action, so we are positioned and prepared for the day he is rescued and safe, and I GUARANTEE all hell will break loose.
Javan finally has partially updated the http://www.rescuejosh.org website and is offering a 5 million dollar reward. See the web pages at that site for details.
I have had a personal experience with our legal system and child custody issues and believe me there definately must be a better way of managing these situations.
Bryan
I haven’t seen or heard anything lately about Joshua. What is going on with this. Did you get him back?
I am looking for individuals in the state of North Carolina willing to sign a petition against the outrages of Child Protective Services. You can see a copy of the petition at http://www.thepetitionsite.com/292/petition-for-audit-and-reform-of-nc-child-protective-services. I am more interested in getting people to sign a physical copy. If you are willing, please email me at stoporangecountycps@gmail.com. If you will provide me your address, I will mail you a copy of the petition, signature sheet, as well as a stamped and addressed envelope. When you have signed the sheet (and hopefully shown it to your friends, too), simply place the petition and signature sheet in the envelope I provide and mail it back to me. I am trying to collect 50,000 signatures in 6 months. To do this, I need your help. We can only protect our children by organizing together against this dangerous and illegitimate agency.
Again, please contact me at stoporangecountycps@gmail.com to request a copy of the petition or if you have any other questions. Thank you very much in advance.
Absolutely an OUTRAGE !! I have a friend right now considering filing of Habeas Corpus & they too have evidence to prove this 13-day infant was taken unlawfully & illegally be DESS. Searching info out of H.C. is what brought me to your site. I will write to the National Media, The Senators of NC and Texas, etc. I know my friends even wrote to President Obama who said they can’t do anything. I don’t think the White House realized the ‘severity of the illegal abduction’ of the child at the time. This family is having this all investigated and waiting the outcome which they do believe will go in their favor as do I. I will spread this sad story of Joshua William Smith everywhere that I can. It’s close to my heart as I know Autistic Friends and this child must be returned to the custoy of his father. Have they tried Glenn Sacks with Fathers for Families? I will write to CNN etc etc. My prayers are with this young boy and his family. I pray too for the prosecutions at a later date of all those responsible for the abduction of this boy. I hope you file lawsuit if you haven’t already. Smart move on the Habeas Corpus……never never never give up on your principles and your lost child you love so much. God Bless You.
I have not seen anything in the feeds in months. Is there any news about Joshua?
there are new developments, but unfortunately, i cannot share at this time. keep an eye on the board and the news, and i will post what i can divulge.
Any new developments? I am praying for josh’s return.
My heart goes out to you Mr. Smith. I to have had my dealings with the Carteret Co. DDS & was rolled over like an animal in the road! Most of the workers there are the most corrupt group of people I have ever dealt with in my life, not to mention the members of the judicial system that let them get away with their antics & always backed them! Ex.-(Assistant D.A.’s, District Court Judges, etc.) I have spent my entire life savings on one great Attorney(who was not from Carteret Co., ironically, who I lost because I could not afford his services anymore) & a couple other crooked Attorney’s, which neither could do anything to protect my daughter, me or our rights from someone & something that should have never even gone to court or fight these people fairly, it just doesn’t happen there unless you have plenty of money to pay off the judges, lawyers & everyone in between! I should of had custody of my daughter & never even seen the inside of a courtroom except to finalize my divorce, but thanks to this horrible so called place of help, my life was turned upside down & my family was torn apart because of them. If you would like to know what they did to an innocent child and mother, just let me know. I would be glad to help & sign your petition. It’s about time these people realize they can not keep playing with people’s lives like this & are put to a stop by a higher court. They think they are God around here & it seems everyone that has heard my story is in absolute shock that this has happened or was let to on as long as it did. That’s why your story does not surprise me at all, I know how they operate! I truly pray that you get your son back soon, Good luck & God Bless!
re: beaten by the system.. you are among many who have had similar experiences. i’d love to hear more about it, please drop me an email at javansmith@aurora-phoenix.com
Javan Smith and Joshua Smith WERE residents of Carteret County, NC, not Texas when Joshua was taken by social services. This story is all based on Javan Smith’s version of events which are highly fabricated. The case is no longer getting much attention because various people involved and brought into the story by Javan Smith have begun to see the truth. I have first hand knowledge of this event and can say from my end that no matter what Javan has tried to get others to believe his son Joshua is better off not with him. Javan has problems, he lies and he is a con artist from the word go. He manipulates women to get them to finance his endeavors and then runs on to another once he has left the previous ones broke and in serious financial distress.
The things that Javan wrote about Patty Cherry taping conversations with Daphne Green in NC and other such issues are false. Patty never taped a conversation with Daphne Green. Also, Javan was indeed a resident of Carteret County NC at the time that DSS was investigating him for alledged abuse and neglect of Joshua. From the things I have learned first hand about Javan Smith he has some serious and questionable personal issues and it is highly likely that the abuse and neglect that Joshua endured was brought about by his father. Javan Smith kidnapped his son from the child’s mother who had custody in New York. Javan Smith made some serious claims against her character that sound like a mob story from the 1940′s. Every person who has been involved and who has not done what Javan Smith has wanted has reaped the benefits of his imaginative tales and irate nature. He has tried to scare and threaten people not to tell the truth behind his story and will go to all lengths to create as bad an opinion as possible of anyone who goes against him. Javan Smith has no money except for the disability he receives from military service after a military medical diagnosis of schizophrenia from about 15 or more years ago. He has begun asking people to donate money to him which is a bad idea for anyone who might consider this.
Javan could have seen his son anytime and was authorized visitation which he refused right off the bat. He has taken off to Texas and left his young son behind who he claims he loves dearly but who he has refused to be there for as this case has moved forward. I have even watched Javan Smith create documents to suit his needs. I am not affiliated with NC in any way. I do not even live in the state but I have first hand knowledge of this entire story up to the point that he married April Love while he simultaneously lied to his fiance Patty Cherry who he bilked for hundreds of thousands of dollars. It is my understanding now that he has done nearly the same to April Love and that they are no longer together either. People please use common sense and do not get pulled into the imaginative fabrications of someone you do not know. DO NOT believe everything you read and very little of what you see. Joshua is safer wherever he is now.
well, i can emphatically say this person is a complete liar, there is just way too much evidence to the contrary, INCLUDING the fact that the tape of Daphne green has been transcribed by COURT reporters and are in EVIDENCE on the official court record…. a portion of that official court record was posted on this site, with this blog.
whomever is in possession of Joshua, without ANY doubt is going to jail. let me rephrase that not jail.. FEDERAL prison.
neither myself nor Joshua has EVER been a resident of Carteret county, North Carolina. Joshua was not ever found in Carteret county, north Carolina.
my names on this. here’s my email. javansmith@aurora-phoenix.com. anyone that wants a copy of the OFFICIAL transcript, email me, i’ll send it to you. then you can claim i faked that to, and submitted a forged document to a court, right? try it. BRING it. whoever “anonymous ” doesn’t want to put their name on this false statement obviously.their reason? I’ll sue them back to the stone age if they do.
i got three guesses as to who it is., I’m gonna be right on one, or all three of them. why don’t you come back and put your name on it?
just one more thing… SHUT UP! anyone who knows anything, knows better.
oh , not that i think you know… but you “act” like you know… so where is Joshua?
YOU ARE A FRAUD. You could go to North Carolina anytime you want to and visit with your son and work to get your son back with you but YOU have chosen not to while you spout your made up claims to the world. Why don’t you get your complaining butt off the computer long enough to go back to North Carolina where your son is and start trying to be a dad if that is your ultimate goal??????????
Yes you did too live in North Carolina, in Carteret at Ocean Isle and in Onslow County as well you lying creep. You also lived in Sampson County and in Wayne County. All in North Carolina.
Drop the farce Javan. YOU are the liar and You cannot sue me for anything because I, just like Dottie McNichols, speak the truth and you know it. That child had no stability in his life and you ran the streets from state to state chasing women from online dating sites and from Craigs list, You did not have that sweet child in school anywhere, he was getting no education at all whatsoever even though you CLAIM he was home schooled and you would leave him with different people all across the country while you ran the roads chasing women. You would lie to one woman while you chase another. You do not like anyone telling YOU what to do or challenging your decisions but your son was suffering in the process and I think you were too blind to care about anything but chasing women. You have no money, you have no business and you keep telling lies online and asking for donations but eventually it is going to catch up with and if you keep it up you are likely going to be the one going to jail. Yeah, everyone believes you at first and feels sorry for you and it even took me a while to realize the truth, but I am not ignorant of who and what you are and I am not afraid of you either. If you really want to be a part of your sons life you need to be in North Carolina where he is and you need to be visiting him and working on some goals along with social services no matter how much you dislike the idea. If you really love that boy that is where you should be not online spouting false claims over the course of several years while your son is growing up without you.
Oh by the way, there is a lot of stuff in your OFFICIAL court records – and as you well know – plenty of it is fabricated. You are good at that aren’t you Javan!!!!!!!!!!
You claim you have a transcribed, recorded conversation from Patty Cherry. Is she going to stand up for you and testify to its authenticity on your behalf after you bilked her out of several hundreds of thousands of dollars and lied to her when you married another woman behind her back that you told her was your cousin? You have got some nerve and the liar through all of this is no one but YOU!
you are a clueless an uninformed troublemaker that does,t deserve a response, other than to say you are a pathetic liar on all counts- and obviously so, whats posted on this blog contradicts your inflammatory and false statements
it is a shame about ur son and glad you found him in wellsville new york will you be able to take him home hope so im sure your son will be glad to see you
http://www.wellsvilledaily.com/news/x1769235167/Potential-abduction-2-million-Wellsville-reward-for-kid-turns-into-jail-time-for-Smith
I live in canton ohio we have to stop cps / family court we need to all come together in all states cps is all about lies / money I would like for everyone to know we need volunteers here in ohio we need to send e-mails we need to write letters we need to make phone calls we have a lot of work to do we have to keep fighting for all of are children I would like for anyone to contact me my e-mail is kindnessohio@att.net LET’S STOP CPS NOW
I live in North Carolina, and i dispise our system. They do not do their jobs correctly, none of them will pass a drug test, and 2 years ago i would have gladly gone to jail if you could have lined them up and let me have my way with them!!! They will all burn in hell!!! God bless anyone that has had to deal with these bastards, I pray for vengence on all their souls.
Both Joshua and I deeply appreciate the support of the many hundreds of persons that have been with us throughout this entire ordeal.
i would like to report that i have located Joshua, in western ny and he is alive, although, not well.
he appears malnourished, and is covered with scars depicting the physical abuse and exploitation that we suspected he was subject to. his manner indicated severe and long term emotional neglect and abuse by his captors.
he was very happy to see me. photographs, and or actual video footage of our brief reunion will be released at the direction of my attorneys.
while i cannot give any details at this moment upon my attorneys advice, i can say that i did not go to western ny on a whim, nor was i alone, and did so at the direction and approval of appropriate authorities.
what has occurred there has been very carefully documented, and will be dealt with in accordance with law.
in regards to the reward mentioned, it will be paid to the persons who have courageously stepped in harms way for the benefit of my child, and in accordance to the direction and approval of the texas courts, and the terms of the reward.
throughout this horrendous ordeal for my child and my family, i and my associates, attorneys,employees and contractors have acted within the confines of law and good conscience, and remain irreproachable in that respect, therefore, despite the outrage and justifiable anger that the many have in regards to this issue, i strongly urge those that might want to act on that emotion, to remain steadfast in their support for us, and not to do anything or say anything, that would be considered illegal or immoral. Joshua has suffered and has been victimized as well as myself, and my family and business, the best help we could want for is that all those concerned, remain steadfast and supportive, so that this matter can conclude in such a manner that this childs suffering will not be in vain.
…its is a time of importance, where we can affect positive change in the way things are done.
there will be change. there will be a reckoning. why? because i’m dad. and the buck stops here. i will NOT stop until the kidnappers and abusers and those enabling them are brought to justice, and incarcerated so that they may not harm anyone else in this manner.
myself, and my attorneys are dedicated and determined, and will not stop until Joshua and others similarly situated are safe from the tyranny and oppression that is so obvious and prevalent in this situation.
…it is a time for reckoning, not retribution. please keep an eye on the news about this issue. press releases will be made by Attorney Adrian Spears of san antonio texas.
as directed by my attorneys, we will also be releasing information to the public at
http://www.joshrockcustom.com, and in this blog as well as to the general media.
please stay tuned, its about to get REAL interesting!!!
thank you again for your continued support.
Javan P. Smith
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