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Danielle Monica Smith

A custody dispute that was supposed to be decided in a Stone County courtroom next month took a dramatic turn this week.

Eleven year-old Danielle Monica Smith was on her way to school in Marionville on Monday (02-17-14) when her father and his brother allegedly kidnapped the girl.  A teacher on her way to school reported the girl was abducted about two blocks from the destination.

When Andrew Fielding Smith, 45, filed for divorce from Jacqueline May Smith in Arizona he did not mention that the couple had two children.  

Missouri court-- "found that Mr. Smith obtained the Arizona judgment by making false and fraudulent statements to the Arizona court." 

Andrew Fielding Smith

Jacqueline Smith then filed for custody in Stone County last July, but Andrew Smith never showed up for court.  In October, he asked the court for another hearing and that case was set to go to trial on March 6th, according to online court records.

Stone County Associate Circuit Judge Mark Stephens upheld the motion that was filed by Andrew Smith and both parties agreed to give the Missouri court jurisdiction over the children. Court records indicate that Stephens ruled that the children had been physically and emotionally abused.

"The custody and visitation provisions of this court's judgement decree of July 5th will stand as temporary orders."  That agreement awarded sole custody to Jacqueline Smith.

Smith was arrested last fall by U. S. Marshals for a similar incident.

Smith, his daughter and brother were tracked to the Tulsa area after Smith contacted his ex-wife.  The brother's had rented an additional vehicle to avoid detection, according to Aurora/Marionville police chief Rick Witthuhn.

Smith and his brother, Richard Oliver "Richard" Smith, were arrested at a truck stop in Oklahoma City, Oklahoma several hours after an endangered missing person's advisory was issued for the girl.

UPDATE 02-18-14:

Oliver "Richard" Smith is facing charges of endangering the welfare of a child and interference with custody.