Sunday, October 13, 2013

Commissioner Thomas Patton in Provo Utah is a kidnapper and revels in Pain and Suffering

My Granddaughter has been kidnapped by the State of Utah.

Update: Wednesday, November 22 the ruling was signed that denied my son paternity rights.  On Wednesday, November 26th the paternity case was dismissed and the previous temporary orders were voided.  These were the orders that allowed Adam to have visitation with his daughter for the first 14 months of her life. Then they all went home and had turkey dinner with their families. It has now been over 10 months since we last saw Cadence.  The abuses of the Court have taken their toll on Adam, stretching his coping mechanisms to the breaking point.

We have not seen her for over 6 months and when we try to check on her we are accused of harassment or stalking.  This is not a case of unfit parenting. It is not a case of an unhappy divorce.  It IS a case of the government STILL thinking it has the right to choose who parents our children. God chooses who the parents of our children are.  He does a quite fine job at it too and now we have the science of DNA tests to verify for anyone who might question God's work.

And Judge Lynn Davis is trying to seal the deal.At.All.Costs.  And they have NO actual legal right to do so because of the fact that legally binding paternity documents were ALREADY on file with the State of Utah.  **Note:  As of 10/22 Judge Lynn Davis recused himself from this case two weeks ago.  Commissioner Thomas Patton is still attached as far as we know.

They are trying to pull off a "legal", State sanctioned kidnapping by "giving" my granddaughter Cadence Belle Barney, to the man who is married to Cadence's mother, EVEN though this husband signed and filed a voluntary release of paternity which was part two of a State issued Voluntary Declaration of Paternity which was signed by both Adrienne Barney (Cadence's biological mother) and by my son, Adam Christopher Mackley (Cadence's biological father).  This form was filed with Cadence's birth certificate when it was filed with the State.

My son "NavyVetDad"Adam Christopher Mackley's name is on that birth certificate as her father.  He has DNA proof he is Cadence's father.  He has 13 1/2 months of parenting time with this little girl. And at this very moment their are stipulated custody agreements on file with the 4th District Court recognizing Adam as Cadence's father and acknowleging his rights as her parent.  These are signed by both Commisioner Patton and Judge Davis.

And yet the 4th District Court located in Provo, Utah guided the mother's attorney, unsolicited and on the record, of how exactly to refile her case so that Adam would not even be considered as Cadence's father.  Because of Thomas Patton's guidance to opposing counsel Adam has not seen his daughter for over 6 months. She was 14 months when he last saw her and she turns 2 in a few weeks - that is a full quarter of her entire life at this moment.  Any efforts he or I have made to check on her well-being are met with retaliatory protective orders or stalking orders and/or the threat of such.

Here is the court transcript of the hearing that irrevocably changed the course of the intent of custody proceedings and led to the kidnapping of Cadence:
One of the last pics Adam has with Cadence.  They were riding the train from Provo to Ogden to meet up with Cadence's stepmom MaryAnne Ellis Mackley.

Adam said I actually captioned this incorrectly. He had held her prior to this pic as well.This was the first visitation.

Adam Mackley
Adam Mackley4:48am Oct 9
1. Adam Mackley’s and Adrienne Openshaw’s child, Cadence Belle Barney, was born on October 31, 2011.
2. Adam Mackley is the biological father of Cadence Belle Barney pursuant to genetic testing completed in November 2011.
3. Adrienne Barney and Adam Mackley signed a stipulated order on December 12, 2011 and December 13, 2011, respectively. That Stipulated Ordered declared that Adam Mackley was the father of Cadence and should have all the rights and responsibilities of such a relationship. That Order was entered by the Fourth District Court of Utah County on January 24, 2012, with the signatures of both Judge Lynn Davis and Commissioner Thomas Patton.
4. On December 13, 2012, Adam Mackley and Adrienne Barney, along with her counsel, Lorie Fowlke, attended a pretrial conference before Commissioner Thomas Patton to certify any remaining issues for trial.
5. At that hearing on December 13, 2012, without prompting or request of any party, Commissioner Thomas Patton, provided legal advice to Ms. Barney’s counsel by stating the following at approximately 5:50 into the hearing:
Patton:Is your client still married, Ms. Fowlke?
Fowlke:Yes, this is her, her husband is here.
Patton:Is he claiming. . .
Patton:Well, your client’s answer is “I don’t acknowledge that he’s the father.
Fowlke:Well, we’re past that.
Mackley:The DNA test is proof that. .
Fowlke:They did a DNA test. .
Patton:A DNA test doesn’t mean anything, there’s a . .
Fowlke:Presumption. .
Patton:No. There’s an appellate court decision in the state of Utah that says it doesn’t make any difference if you claim you’re the father. It doesn’t make any difference if the DNA test says that you’re the father. It says if the husband wants to be dad, he’s dad. So I’m not so sure we don’t have to join an indispensable party.
Fowlke:Maybe we’ll both be amending our petition then.
Patton:In fact, it was out of MY court. The reason I know. Mr. Wilkinson took me up. I said, they came in, and basically everybody acknowledged this person has been having visitation, et cetera. I ordered a paternity test and they took it up and they said Nope, married, baby born during the marriage, don’t have to acknowledge a third party father. And I’m really summarizing it for both of you.
Mackley:I understand.
Fowlke:Well, we may be moving to amend then.
Patton:Mr Wilkinson took it straight up and he got a ruling on it.
Fowlke:I’d understood under the Uniform Parentage Act that if a claim was filed within 300 days of the birth, that rebutted the presumption.
Patton:Well, counsel, I’m assuming you would have ruled as I had ruled. But, uh. .
Fowlke:Yep, but a lot better to look up the case.
Patton:Somebody told me different.
Fowlke:Well, in that case, we may do a motion for summary judgment before we get to trial.
Patton:Well, that being the case, maybe we are premature on our pretrial.

6. The pretrial hearing was rescheduled for February 7, 2013.

It is routine for the Utah Family Law courts to steal babies from their  unmarried dads.  This is how the Appelate Court has chosen to interpret legislation that has language that puts the biological father just barely above the "presumed" father.  They also routinely sanction illegal adoptions and tie up fathers in court for years trying to get custody of their children who were given away to strangers even when the single father provides documentation that shows interest in raising the child.

Yes Adrienne Barney got pregnant while still married to her current husband Colton Barney.  She did so under fraudulent terms.  She lied and said she had filed divorce papers and that she was living with her mom.  And then she lied to Colton and told him baby was his.  When Adam informed Colton that there was a high chance that the baby was his she repeatedly threatended to give the child up for adoption forcing Adam to files notices of paternity early with the courts prior to Cadence's birth.  Had he not done this, under Utah law she could have given the baby up for adoption and he would have had no chance to have custody.  Adrienne chose to keep Cadence (for which we are very grateful). Adrienne has now continued to let her attorney lie for her to make up this story that Colton is her dad.  The lies pile up from Adrienne, Colton, their attorney's and then rolled out on the red carpet by the 4th District Court Family Law system.  The level of deceit is scary.  These are the people who have my granddaughter - with no oversight, no counterbalance to lies and secrets. 
We are not trying to take Cadence away from her mom.  We are trying to give Cadence back her dad.  Her dad Navy Veteran Adam Christopher Mackley DOES NOT ACCEPT the State of Utah's "position" that the husband of the mother always gets the kid.  Cadence's grandparents, aunts, uncles, and cousins don't accept that either.  This kid is OUR kid too.  And we will not stop fighting to have her back in our lives.
We are having a Card Crusade for Cadence to flood these biased, unethical and frankly criminal people with cards that show that what they are doing is not recognized by anyone with ANY sense of what is right and good for a child.  These are the people in charge of making permanent custody arrangements for children.  They DO NOT act in the best interest of the children nor do they honor biological father's God-given and constituional rights to raise their children. 4 cards to 4 addresses:  Here is the link to the addresses:
She turns 2 on Halloween so don't delay!!  Let's pile the cards up in these people's offices - The Judge Lynn Davis, The Commissioner Thomas Patton and, The Attorney Lorie Fowlke and of course Cadence's dad Adam Christopher Mackley - so that when she comes home he can read them all to her.
Say no to kidnapping.
Please pray for Cadence.  We have not been allowed to check on her well-being without threat of charges.  We are still fighting to get her back but we don't have money to pay an attorney so Adam is having to fight this battle Pro Se.  He had one attorney who did not do a good job.  Cards, prayers - it all goes a long way to helping Adam know he's not alone on the path and sending a message to some people who act like the cat who ate the canary.  Now it will be the Commissioner who arranged the kidnapping and the Judge who sanctioned and signed off on it.  Your cards can move mountains with love.
We love and miss you Cadence.  Our dream is to be able to celebrate your birthday with you in a few weeks but no matter what we won't give up.
Love Grandma Char and Grandpa Walt.


  1. Commissioner Thomas did the same thing to my brother. Is there a way to form a group file of fathers being denied their rights by the 4th district court?

    1. Backstory email me and I can talk to you about this. GypsyABF @ gmail dot com. If you can give me some of his case details and when Patton was all up in your brither's business that will help.

  2. My brother was just denied custody of his 15 year old son who doesn't want anything to do with his Mom. Commissioner Patton is ruthless and has no heart. It makes me sick.

  3. My husband has also had a major issue with Patton during his entire case and now with our recent hearings. I think we need to start tooting some horns ladies!

  4. You need to read the articles about Utah County Courts at

    Patton screwed these people over as well..