David Ostrom, of Paola, Kansas, is in a protracted custody battle together with his ex-wife, who lives with their kids in Shelby County, Iowa. You know issues aren’t going effectively, as a result of he not too long ago submitted court docket filings in Iowa asking the choose to let this matter be resolved with a trial by fight, in line with KCTV 5 News.
“Petitioner demands the Court sanction trial by combat to resolve these disputes,” reads the submitting. “The Petitioner requests 12 weeks lead time before Trial By Combat date so he may have 1 Katana and 1 Wakizashi sources or forged for use.” He clarified that his ex-wife “may choose a Champion (Her counsel Matthew Husdon) to stand in her stead.”
So not solely does Ostrom need trial by fight, he’s truly thought concerning the weapons concerned. And sure, he did get the concept from Game of Thrones. “I’ve seen the television show and read the books,” he stated.
It’s true that, technically, trial by fight isn’t particularly outlawed within the U.S., which is an argument that Ostrom makes in his submitting. It’s nonetheless exhausting to seeing a choose grant it, although. Matthew Husdon, the legal professional on the opposite facet, made a lot the identical argument in his response, writing, “just because the U.S. and Iowa Constitutions do not specifically prohibit battling another person with a deadly Katana Sword, it does prohibit a court sitting in Equity from ordering same.” He’s requested the choose to droop visitation and order a psychiatric analysis for Ostrom.
Now earlier than we go making assumptions, Ostrom says that he is aware of the request is absurd, and that he’s “not interested in physically causing harm to anyone.” Instead, he’s pissed off by what he sees as a system that’s unfairly working towards him and made the request as a option to get consideration for his case, and, effectively…right here we’re.
They’ve tried to disregard me and never tackle equal custody, and I feel this places a highlight on them…I’ve form of run out of choices and nobody pays consideration to what I feel is a hardship on myself and my kids.
For their half, the choose isn’t taking any motion on the request “until the proper procedural steps to initiate a court proceeding are followed.” Ostrom is representing himself, which is mostly a really dangerous concept on the subject of the court docket system, so though he could make all of the Game of Thrones-inspired requests he needs, it may be exhausting for him to get them heard.
This case is fairly just like one from a number of years again, when a Statan Island lawyer named Richard Luthmann requested for a trial by fight in response to getting sued for allegedly serving to a consumer commit fraud. Again, Luthmann knew the request was absurd, however did it to make a wider level. “They want to be absurd about what they’re trying to do, then I’ll give them back ridiculousness in kind,” he stated on the time.
The choose could look askance at it, however I’m ready to take it to the best degree. I’d like to have a court docket decide whether or not we’ve got these rights underneath the Constitution.
I don’t suppose that ended up occurring, however perhaps the second time’s the appeal.
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