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Author Topic: Texas Father Fights for Daughter in UK  (Read 4042 times)

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Offline UD_student

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Texas Father Fights for Daughter in UK
« on: July 02, 2011, 04:55:07 PM »
I saw this online and it appeared on the Today Show. I didn't see it posted on here, so I don't think I'm duplicating the topic.

http://www.msnbc.msn.com/id/21134540/vp/43617483#43617483

Bart Hermer appeared discussing the abduction of his toddler daughter to the UK by his ex-fiance. The vague times the newscasters mentioned about months in the US and then months in the UK and a visit back to the US before going back to the UK where he was denied entrance make me wonder where the child's habitual residence is. I couldn't quite figure it out as he says they intended to move back to Texas and she then chose to stay and end their relationship. I think what she did is completely wrong, but I wonder if the woman was able to play the system enough by being in the UK for so long that the child's habitual residence would be the UK rather than the US. The lawyer comments about Bart living in a 'fantasy' world that he created reminded me of what Carlos' ex has been saying in court lately (thanks for the blog updates Sonia!) despite mountains of evidence to the contrary. He thanked the State Department (and many others) for their support, which makes me wonder what they have been doing for him.


Offline StrngConviction

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Re: Texas Father Fights for Daughter in UK
« Reply #1 on: July 02, 2011, 06:35:07 PM »
Pick your fights . The Dept personell can only do what they are allowed by their superiors . . Like my CA representative . All she does is fax documents to the Irish CA  but if I piss her off to a point that she has grounds to not even do that, I have no paper trail to prove I sent Ireland  anything the Irish authorities required me to send or if I sent it by a certain date . Please dont take the way I utilise what little they do ....'do'  or as an excuse for the weak infrastructure of the Office of Childrens Issues, but they definetly dont do their jobs as they state in their motto  " in the childs best interest"....
I believe they definetly need more Authoritive figures that KNOW how to use leverage of their position through Diplomacy untill we can get HR1940 and like legislation passed.
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Offline Brigs

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Re: Texas Father Fights for Daughter in UK
« Reply #2 on: July 05, 2011, 10:41:37 AM »
I saw a totally different version of this on Dallas tv network channel 33 , worth checking out ! Same guy Bart hermer storie is different , don't know what to make of it

www.the33tv.com/kdaf-international-custody-battle

GL

Offline Brigs

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Re: Texas Father Fights for Daughter in UK
« Reply #3 on: July 05, 2011, 10:55:30 AM »
How weird the33tv.com took that story off their site , knew something was fishy !!!

He gives genuine child abduction cases a bad publicity , stick to the truth dude !!!

Offline LukieD

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Re: Texas Father Fights for Daughter in UK
« Reply #4 on: July 05, 2011, 02:50:04 PM »
How weird the33tv.com took that story off their site , knew something was fishy !!!

He gives genuine child abduction cases a bad publicity , stick to the truth dude !!!

The video is still there:

http://www.the33tv.com/news/kdaf-father-involved-in-international-custody-battle-story,0,3085285.story

I'm not sure what you're talking about when you say it's a "totally different version." The NBC report is more complete and mentions that Hermer was denied entry to the UK while the KDAF version simply says that the mother and child disappeared and that Hermer was "sent home." Either way, the fundamental aspect of the story is consistent in that the mother cut off contact with the father and refuses to return to the US with the child, where the girl was born and where her father resides.

It's hard not to feel sorry for the father. No doubt the habitual residence issue gets complicated, however. The Hague Convention's definition of "habitual residence" is not a technical definition, so it's open to interpretation. Clearly, the father should have some access rights to his daughter though.

Offline Brigs

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Re: Texas Father Fights for Daughter in UK
« Reply #5 on: July 07, 2011, 07:26:30 AM »
If the Haige convention case in High court in UK found that the habitual residence is UK and the US court agrees and finds that the child is living in UK with mother legally , why feel sorry for the Dude , he shouldn't lied !!!, seems to me he lived in UK and when they split up he cried abduction. not all kids born in US deemed habitually resident of US ,


Offline LukieD

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Re: Texas Father Fights for Daughter in UK
« Reply #6 on: July 07, 2011, 09:21:39 AM »
I don't know all the facts of the case but it's not clear to me the US courts agree with the UK courts. If you have the court rulings from the Texas family court, please post them here. Keep in mind that in the US, a State or Federal statute can be violated resulting in a criminal prosecution, without it necessarily equating to a valid Hague abduction case, for a number of reasons.

As for feeling sorry for the man, I hope no one ever takes your kid. According to your reasoning, if someone lies they deserve to have their child permanently removed from their life? That's some twisted logic. It's worth noting that your first and only posts on BSH pertain to this case. I don't suppose you have a personal connection to one of the parents by chance?

Offline Brigs

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Re: Texas Father Fights for Daughter in UK
« Reply #7 on: July 07, 2011, 12:25:04 PM »
Very true , I feel sorry for any one loosing a child in any shape or form , the broadcaster said he lost the case in haige convention , haige convention is x border and international , there must be ways once you loose HC to get to see your kid no?

Offline StrngConviction

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Re: Texas Father Fights for Daughter in UK
« Reply #8 on: July 08, 2011, 09:41:41 AM »
If the Haige convention case in High court in UK found that the habitual residence is UK and the US court agrees and finds that the child is living in UK with mother legally , why feel sorry for the Dude , he shouldn't lied !!!, seems to me he lived in UK and when they split up he cried abduction. not all kids born in US deemed habitually resident of US ,


okay ,you lost me ... When did he lie ? What lie did he tell ?
Behind this smile is something only we LBP understand.
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Offline ANALE

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Re: Texas Father Fights for Daughter in UK
« Reply #9 on: July 08, 2011, 10:16:38 AM »
I thought I was the only one who was missing something. So maybe it wasn't just me.  I don't feel so stupid now!  I want to know what LIES you are talking about.