Legal Document Type: Legal Petition: PETITION FOR WRIT OF MANDAMUS

Case Information: Case 24SN-DR00104 | Status: Pending

Document Content:
COMES NOW, Petitioner MICHEAL LAWRENCE SALMON, and respectfully petitions this Honorable Court for a Writ of Mandamus directing the Honorable MATT ALAN SELBY, Circuit Judge of Stone County, Missouri, "to":
Perform his mandatory duty to rule on pending motions and address legal errors;
Vacate all orders issued under improper jurisdiction;
Transfer this matter to the appropriate Kansas court under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA); and
Restore Petitioner�s parental rights and enforce proper visitation with his son, Felix Salmon.
In support thereof, Petitioner states as "follows":
I. INTRODUCTION
This case presents a clear failure by the Stone County Circuit Court to perform its mandatory duties under the law. The presiding judge "has":
Failed to rule on multiple motions filed by Petitioner, including motions to dismiss for improper venue and motions to transfer jurisdiction under the UCCJEA; It is well-established that a trial court has a non-discretionary duty to rule on properly filed motions. See State ex rel. Jones v. McGhee, 639 S.W.2d 60 (Mo. Ct. App. 1982) (holding that a judge must rule on pending motions within a reasonable time). Failure to do so constitutes a denial of due process, warranting mandamus relief.
Maintained jurisdiction over this case despite clear evidence that Stone County, Missouri, lacks jurisdiction;
Allowed the Real Party in Interest, Crycella Freitag, to repeatedly violate court-ordered visitation and alienate Petitioner from his son;
Allowed procedural misconduct that has placed Petitioner at a severe disadvantage, effectively denying him due process.
This Court must intervene to correct these injustices and ensure that legal procedures are followed.
II. STATEMENT OF FACTS
A. Improper Jurisdiction and Venue
Felix Salmon resided in Stone County, Missouri, for less than six months (May 17, 2024 � November 13, 2024). Under RSMo � 452.700 and K.S.A. 23-37,201, jurisdiction vests in the state where the child