IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO COUNTY, FLORIDA

CASE NO.: ______________________________________

Theresa Marie MARTIN, )

Petitioner, )
)
v. )
)
Stephen Paul MARTIN, )
Respondent. )
____________________________ )

Verified Complaint and Petition for Writ of Habeas Corpus

Comes now Theresa M. Martin, and in support of her petition to the Court for the immediate

issuance of writ of habeas corpus commanding the Respondent promptly return the Petitioner’s

minor children to the State of Florida, and authorizing law enforcement as needed, hereby states:

Introduction

This is a general habeas corpus action by the rightful legal and physical custodian of minor

children, their Mother, a long-time resident of the State of Florida, against the Father of the same

children, having multiple criminal convictions against him by the State of Michigan, including

for sexual deviate conduct committed years ago upon one of the Petitioner’s two minor children

from a previous marriage (a boy). The Respondent had fully participated in previous Pasco

County domestic relations child custody and support issues, also quit claiming the parties’ home

to Petitioner, then defaulted his appearing for the final divorce hearing on permanent custody and

support issues, then kidnapped the minor children from the Petitioner’s Port Richey home while

she was at work, took the minor children across state lines to Michigan, during pendency of an

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outstanding Florida arrest warrant against him for over ten thousand ($10,000) in back child

support, has so far evaded all subsequent efforts to have him held accountable for his crimes

against both Government and Persons, and has so far kept the children unlawfully away from

their rightful home under established law – the Florida home of the Petitioner, in Port Richey.

This general habeas action is entirely proper under either Article I, Section 9 of the Federal

Constitution, or Article I, Section 13 of the Florida Constitution, under various Due Process

provisions of both Constitutions, under any of those aspects standing individually, and/or in

combination, and finds additional support under Title VI, Chapter 79 of the Florida Statutes.

The undersigned Petitioner, Theresa M. Martin, alleges she is entitled to the immediate return

of her children back to her home domicile, here in the State of Florida, i.e., Port Richey, and is

also, therefore, entitled to request and have this Court’s immediate assistance in the same.

Petition for Writ of Habeas Corpus

The parties had lived together previously in Michigan, then conceived and produced two

daughters of their own, then later married, having also relocated the family unit to Florida in late

1999, then separated in January of 2003, subsequently resulting in Petitioner’s temporary sole

custody of the two children in question, and then finalized their Florida divorce in June of 2004.

The Respondent was duly served of the various legal proceedings (Exhibits #1), sporadically

and voluntarily participated in them (Exhibits #2), but was also recalcitrant in paying barely any

child support, resulting in contempt findings and a warrant for his arrest (Exhibit #3) as the issue

of permanent custody and support drew near. The Respondent also abandoned employment and

other responsibilities (Exhibits #4) during the same period of time, and had similar life habits.

Just a couple of weeks before said final divorce hearing for permanent custody and support,

the Respondent fled his next-temporary residence in the Port Richey, Florida local area, this time

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keeping his whereabouts concealed, and failing or refusing to appear at the final divorce hearing,

where the Petitioner was naturally awarded a permanent upgrade of the temporary sole custody

and support that she had properly exercised since the parties had separated (Exhibit #5).

However, and about one (1) month after entry of final judgment in the divorce case, including

the res judicata issues of child custody and child support, the Respondent, during an evening

while the Petitioner was at work, absconded with the children, took them across state lines to

Michigan, and then caused the incredible filing of a second, independent action in Pasco County

to divorce the Petitioner [i.e., divorce her again…] just a couple of weeks later (Exhibit #6),

generously listing all of the normal dissolution items of assets, debts, and etc., but since all of

those other items had already long been resolved by various orders and procedures, it was really

just a simple, convenient (and fraudulently new) action only for child custody and support.

Unbelievably, his spontaneous new case for “approving his kidnapping” was granted, and the

very essence of basic justice has been thwarted ever since, even causing, inducing, and/or

allowing serious and irreparable harms to the Petitioner’s youngest two daughters, including jail

and drug issues now involved, since he has kept them unlawfully within the State of Michigan.

Argument

The Respondent did not, and does not, have any valid legal authority to request custody of

minor children, on any basis. He is a convicted child sexual predator, among being responsible

for other serious crimes (Exhibits #7), and Florida law, specifically Title V, Chapter 39, Section

39.0139, ¶¶ (3) through (6) thereunder, requires mandatory security procedures that negate any

possibility of him having any legal or primary physical custody of minor children. Moreover, the

same factors would be used under either an original custody determination, or any proper action

to attempt modification of custody, and the Respondent’s serious criminal history would prevent

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even the beginning of any consideration for modifying custody to him, under either of those

procedures, too, let alone allowing him to unilaterally remove the children suddenly out of state.

The Respondent’s second, independent action for “another” divorce from the Petitioner is an

obvious fraud upon the court, and his entire case for custody and support is forever barred due to

those issues being res judicata. Moreover, the same was estopped due to the sheer enormity of

his “unclean hands” during the entire matter, and the same doctrine still exists today against him.

Additionally, he never established any “significant change in circumstances” as required by

Florida law in order to obtain a modification of a prior, binding order of child custody. Indeed, he

didn’t even actually file an amended petition including an actual request for modification of

custody, until at least a full year after the removal of the children across state lines (Exhibit #8).

Moreover again, the Respondent – if he had even been acting at the time as the true legal

custodian of the children – failed to provide any written notice of relocating the children as

would be required by Title VI, Chapter 69, Section 61.13001 of the Florida Statutes. This alone

requires the minor children to be immediately returned to the Petitioner’s home in Port Richey,

Florida. See Section 61.13001(3)(f)). See also Section 61.13001(6)(a). See also Section 61.45.

On top of that flagrant due process violation, no Florida court has ever held the parallel-required

relocation hearing, which must be at least thirty (30) days from the date of the filing of the

required relocation intent notice, with reasonable notice given to prepare, appear, and respond.

Further, it is arguable that the Respondent, already having moved back to the State of

Michigan somewhere in mid-May of 2004, then absconding with the minor children across state

lines in mid-June of 2004 back to Michigan, then attempting to file any petition for dissolution –

regardless of being the first, second, or fifty-second action to divorce the Petitioner – may have

had either no legal standing, or no actual legal authority, under Florida law with which to file the

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same, since he had not been a consistent resident of the State of Florida for six (6) months or

more on the date that he filed his said second, independent action in July of 2004.

Conclusion

Under the well established law of the State of Florida, no person previously convicted – in

any State – of child molestation, or any other sexual predatory actions upon minor children, may

even begin to exercise any visitation of minor children, until after the court holds a hearing and

issues the appropriate order for the circumstances, including supervised visitation as may be

deemed necessary, let alone essentially kidnap a rightful custodial parent’s minor children across

state lines, during pendency of a cash-only support warrant against him, without the required

notice intent of what a custodial parent would have to provide the other parent in advance for

relocation purposes, without the required thirty (30) days’ “pause” and subsequent relocation

hearing, then file an absolutely fraudulent second divorce action after doing all of that, actually

be granted custody modification without even alleging the required modification factors to any

sufficiency, let alone prove that higher legal hurdle, and still keep getting away with the entire

fraudulent mess to this very day, further inducing lifetime harms upon the Petitioner’s children.

The Respondent has absolutely no valid legal claims to primary custody of any minor children

in the entire United States, since every State – via federal funding schemes – has enacted statutes

mandating certain security procedures to examine, and to control if necessary, the time spent in

visitation between sexual predators and any minor children, in even school and business zones.

The Petitioner, however, has every legal and equitable right under the proverbial sun to full

care, custody, control and management of any and all of her children, so long as they are minors.

Finally, this Court has the inherent power, and express authority and duty, under Fla.R.Civ.P.

Rule 1.630 (d)(5), to issue the requested writ of habeas corpus in order to return the children.

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 As a matter of law, the undersigned Petitioner, Theresa M. Martin, is entitled to the immediate

return of her children back to her home domicile, here in the State of Florida, i.e., Port Richey,

and is also, therefore, entitled to request and have this Court’s immediate assistance in the same.

Prayer for Relief

WHEREFORE, the undersigned, Theresa M. Martin, moves this Court for an immediate writ

of habeas corpus, finding that the Respondent’s removal of the minor children from the State of

Florida, voiding his “second divorce action” as a legal nullity, commanding the Respondent to

promptly return the Petitioner’s minor children to her home in Port Richey, Florida, authorizing

and directing the support of any law enforcement as may be needed to enforce this Court’s orders

and intent, and for all other relief that is true and lawful, and just and proper, in the premises.

Verification

Pursuant to Section 92.525, Florida Statutes, I hereby state: "Under penalties of perjury, I

declare that I have read the foregoing complaint and petition for writ of habeas corpus, and that

the facts stated in it are true, to the best of my knowledge and belief.”

Respectfully prayed,

______________________________
Theresa M. Martin

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 CERTIFICATE OF SERVICE

I hereby certify: that on this ______ day of August, 2007, a true and complete copy of the

foregoing verified complaint and petition for writ of habeas corpus, together with Summons on

the same, by depositing all of the above in certified, first class United States postal mail, return

receipts requested, has been duly served upon the following at said same addresses:

Stephen P. Martin
25675 Hoffmeyer St.
Roseville, MI 48066

Stephen P. Martin
c/o Helene F. Ottinger
25924 Salem St.
Roseville, MI 48066

______________________________
Theresa M. Martin

Theresa M. Martin
10918 Norwood Avenue
Port Richey, FL 34668
727-457-2436