Bring Sean Home Foundation > Bermudez

Hague Convention + Mexico + US State Dept = FAIL

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SageDad:
This thread is dedicated to the many ways that the US State Dept fails its mandate to support Left Behind Parents as the US Central Authority on the Hague Abduction Convention.

SageDad:
I've spent a long time studying the Hague Convention especially how it applies in Mexico.  I've probably read every thesis and piece of jurisprudence published by any Mexican court since the Convention was signed in Mexico some 15 years ago (there's actually very little considering the number of cases and amount of time it's been in effect there).  There is one particular piece of jurisprudence that I have never really understood.  In broad terms it says that accrediting defenses to Hague returns can be determined in federal courts or local courts per the wishes of the “actor”.  The primary cause for me not understanding this is I’ve never been sure who the “actor” was.  I recently read a study on the Hague Convention as it applies to Mexico that was published by one of the larger law schools there.  In this paper they replaced the word “actor” with “demandante” which is much clearer to me.  I am the demandante.  It is the petitioner/applicant/LBP that gets to chose whether these cases are heard in local or federal courts.  This decision has to be made at the time the Hague application is filed.  I can think of very few reasons that someone would want to litigate in family courts and lots of good reasons not to, but does the State Dept tell you to think about this or that you have this option when you file the Hague application?  Absolutely not, even though this jurisprudence has existed since 1994 giving every LBP the option of choosing to fight their cases directly in federal courts where they get better judges and allow fewer appeals.  The result of this failure to properly advise LBP's is that virtually every Hague case in Mexico is heard in local family courts by inept and often-times corrupt and/or biased family judges from the abductor's home town.

tweinstein:
It would make no sense to fight in the local or state courts as the Hague Convention is a federal treaty. It would be interesting to know why David spent 4 years fighting before filing at the federal level.

dmdaven2:

--- Quote from: tweinstein;45699 ---It would make no sense to fight in the local or state courts as the Hague Convention is a federal treaty. It would be interesting to know why David spent 4 years fighting before filing at the federal level.
--- End quote ---

 
It goes to local and family should the abductor file or start any other custody hearings prior to filing the Hague. This happened to David, hence his petition was stuck in lower level courts.

Sashia:
This thread is a fantastic idea Carlos!!!!:cheer::yeahthat:
I've read some unbelievable transgretions committed by the State Dept, in some of your posts. In my line of work, it's my job FIRST to outline Where, When, and How the Failure occured in exact details. THIS is the ONLY way to correct the problems. There is no need for any committees to do, enact or review procedures or policy UNLESS, it is first determined WHAT THE %ell went wrong!!!! In the event SOMEONE takes the suggestions made here that the State Dept,  can't seem to fight it's way out of a wet paper bag and needs an overhaul, then they'll need a starting point, and IF they have 2 brain cells left to think with, they'd want to know from the VERY people who have run into the brick wall.

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