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Author Topic: Kidnapping American Children - Costa Rican Style  (Read 87499 times)

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Offline lttlmtn

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Re: Kidnapping American Children - Costa Rican Style
« Reply #75 on: May 05, 2010, 09:43:19 PM »
my ex wife has put a child support order of $2000 a month and also started accusing of Domestic violence witch it was expected that she would used that strategy.

Is that $2000 US dollars/month???

Staying calm cannot be easy to do, but it definitely is important to take care of yourself :)

Are you going there for the hearing? From what you said it sounds like you'd be put in jail. Their legal system definitely needs work as while going through a Hague case there shouldn't be any child support cases started as that is a custody matter and the custody matters aren't supposed to begin until the country of habitation prior to the abduction has been resolved.

That's correct $2000 dollars a months plus I'll be require to leave 13 months of it in order to leave the Country,I had to cancel my plane ticket for the Hearing on the 14th may and all wanted to do was to see my Daughter for little bit since is been 6 months since I last been with her.
I contact the US Embassy in Costa Rica and they know that this country is been non compliance with the Hague treaty.  I have been in contact with my Congressman as well, I been asking for help and also to co sponsor HR 3240

I don't recommend you skip the hearing out of fear of being arrested.  Too many of us have made similar mistakes and have lived to regret it.  It's in your best interest to attend the hearing in person.  The judge will be less likely to decide in your favor if you don't show up in court and the best chance to win a Hague Case is by showing up for the first hearing, asking for an immediate decision and getting out of the country ASAP with your child.  The Costa Rican child support and custody decisions are illegal and should get thrown out.  If you have a lawyer in CR and he's telling you not to come don't listen to him.  They always say that because they are either ignorant or they know if you're not there you can't win quickly (how can they give your daughter back if you're not even there!?) and they guarantee themselves a steady stream of income as the Hague case drags on for many months or years.  If you were actually arrested and put in jail for child support while trying to attend a Hague hearing the State Dept. and US Embassy would need to get you out and it would very probably help your case.  Best of luck on the 14th.. it's also my son's birthday.

Carlos is right on all accounts. You need to talk to your Lawyer in Costa Rica and have her petition the Federal Judge to stay all decision/ orders from the Family Courts there regarding Custody/ Child Support, etc.. Costa Rican Family Courts do not have jurisdiction over custody matters (at least not now and not until the end of the Hague proceeding); the Federal Court has jurisdiction for the Hague case. You should be free to participate in the hearing w/o fear of being incarcerated. There must be something your Lawyer can do for you ... I think appearing in person for the hearing sends a strong message to the Judge.

Some good topics here and let me interject... the Costa Rican Authorities have NO IDEA what they are doing and that is why they continually break International Laws on a daily basis.  OIF Vet if I were you I would get the Dept. of Justice to get ready for you to travel and if needed to bail you out, which I don't think will happen.  Contact Belasario to see the quality of attorney you have working for you.  The thing about this happening fast is not going to happen (just being real)... Costa Rica isn't doing what they need to do and will drag their feet trying to figure out what the Hague Treaty even means to them.  They are extremely uneducated about the entire process and since they are lawyers and judges they won't admit they don't understand what they are reading. 

I have basically told the judge out there that she is going to be responsible for the Country of Costa Rica financially sanctioned for delaying the Hague process, and Article 11 of the International Child Abduction Law within the Hague states that the courts must give an answer within 6 weeks of commencement of the trial... my trial was over in early February and it's now May.  They're overdue and now I'm going for the throat!  The Congressman Blunt office told me they are in contact with Congressman Smith getting good information to duplicate Goldman's success.  I am hopeful things will turn out in our favor.  I plan on having Emily home for her 2nd Bday on July 5.

Good luck and God Speed to all of you!

Roy Koyama
LBP of Emily Alina Koyama

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Offline SageDad

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Re: Kidnapping American Children - Costa Rican Style
« Reply #76 on: May 05, 2010, 10:40:44 PM »
It sounds good I'm ready, but I need the State Department and the US embassy to help me once I'm down there or else I'll be in jail until I can pay what she's asking witch is $2000 X13 months.

I would contact the State Dept and the US Embassy and tell them you want to have them attend the hearing with you.  If they tell you they can't attend the hearing of an American veteran whose daughter was kidnapped let us know and we can start writing letters to Congressman and Senators telling them that the US Government is not doing its part to help American parents and veterans.  They can and do attend when they want to (which is not very often) but we should push them to be there this time with the threat of incarceration hanging over your head.
“What you seek is seeking you.”
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Offline lttlmtn

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Re: Kidnapping American Children - Costa Rican Style
« Reply #77 on: May 07, 2010, 01:28:26 AM »
It sounds good I'm ready, but I need the State Department and the US embassy to help me once I'm down there or else I'll be in jail until I can pay what she's asking witch is $2000 X13 months.

I would contact the State Dept and the US Embassy and tell them you want to have them attend the hearing with you.  If they tell you they can't attend the hearing of an American veteran whose daughter was kidnapped let us know and we can start writing letters to Congressman and Senators telling them that the US Government is not doing its part to help American parents and veterans.  They can and do attend when they want to (which is not very often) but we should push them to be there this time with the threat of incarceration hanging over your head.
OIF vet... you can see your support is large and your daughter needs you to fight the good fight without fear... remember God will only give you what you can handle my friend.  Let me know what I can do for you. I could call my Congressman to see if he'll speak to yours as he has been in contact with Congressman Smith in NJ to understand out fight better. His office has become very interested in the International Law and how it needs to be enforced by our leaders.  You have risked your life for us and we all owe you, so let us help in any way possible. God bless you my friend.  Sorry I haven't called, but I still fight the fact that talking about my daughter has major effects on my emotions.  It's still very hard to date and I hope your pain lessens as time passes... it has for me, but I do my best to keep it on the back burner so I can still deal with life.  Depression got a hold of me and didn't let go for quite some time (it is still lingering, minimal, but it's still there waiting).  I just try to remind myself if Emily could speak to me, she would tell me to NEVER give up, NO MATTER WHAT DADDY...

Offline OIF vet

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Re: Kidnapping American Children - Costa Rican Style
« Reply #78 on: May 07, 2010, 12:16:37 PM »
I spoke with my lawyer in Costa Rica She's going to present all documents of my custody orders to the Department of child support in Costa Rica  once she get's my power of attorney tonight, My lawyer in Costa Rica is appointed by the Court for my Hague Hearing so I don't have to pay for service but I also hire her to represent me and fight the charges my ex wife is claiming ,I'll find out more info on Monday I'm ready to fly anytime so that is going to be a decision I make next week .

I already contact different lawyers in Costa Rica and there telling that there's a couple of cases that I'm going to fight one is the Hague Hearing the other is the Child Support and domestic violence allegations. so before I fly ,I got to make sure that they have my paper work in place like all my custody orders,all the evidence about the Abduction, my police record and Psychological exam they ask me to do.It should all be in Costa Rica tonight,  so at least they know something since I just found out all these .

If I fly down there i will let you Know ,right now I have to at least get my evidence in to the court  so it can speed up the process. I was been told that since I was born in Costa Rica I have to abide by there law's but I could also get visitation with my daughter where she could spend time with me unsupervised while the Hague Hearing is going on.

Offline SageDad

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Re: Kidnapping American Children - Costa Rican Style
« Reply #79 on: May 07, 2010, 05:58:05 PM »
Actually, I was reading some of the Codigo Penal (Penal Code) of CR and they do consider certain acts committed in foreign countries to be crimes in CR.  Based on what I read domestic violence probably is one of those acts, if it was committed against a Costa Rican citizen.  I still think you should go and get US officials to attend the hearing with you.  Take all your evidence and talk to the judge face to face.  If you go do be careful while you're there.  I would avoid being alone near your ex or her family.  Make sure there are always other independent witnesses nearby that can say what really happened in case they try to say you became violent and abusive or that you tried to abduct your daughter.  Is there any possibility we could get AMCostaRica to also attend the hearing and cover your case?  They have covered a number of other abduction cases and seem interested in the topic.
“What you seek is seeking you.”
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Offline OIF vet

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Re: Kidnapping American Children - Costa Rican Style
« Reply #80 on: May 07, 2010, 07:39:46 PM »
Actually, I was reading some of the Codigo Penal (Penal Code) of CR and they do consider certain acts committed in foreign countries to be crimes in CR.  Based on what I read domestic violence probably is one of those acts, if it was committed against a Costa Rican citizen.  I still think you should go and get US officials to attend the hearing with you.  Take all your evidence and talk to the judge face to face.  If you go do be careful while you're there.  I would avoid being alone near your ex or her family.  Make sure there are always other independent witnesses nearby that can say what really happened in case they try to say you became violent and abusive or that you tried to abduct your daughter.  Is there any possibility we could get AMCostaRica to also attend the hearing and cover your case?  They have covered a number of other abduction cases and seem interested in the topic.

Hi Carlos ,I just email my lawyer in Costa Rica she Suggest that I get an auto pension of $150 a month because it would show that i have been responsible for my Daughter and my ex be require to show receipts of every $ I send plus what i have already send while my daughter is in Costa Rica.
I have recorded all conversation with my ex and her family and they know about it ,only shows them telling me to sent money or else I wont see my daughter,how they where going to used the same tactic as the other cases , how I'm a good father and the harm she's doing to me and my daughter , oh and the letter between exwife and her lover that she meet online ,phone records of when she was talking to her lover while on a family vacation with me and my Daughter days before the Abduction, how they plan the abduction.I think i talk to you a while back about this.
I will try to get in touch with Am costa rica once I get more info on what's going on there.


     

Offline lttlmtn

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Re: Kidnapping American Children - Costa Rican Style
« Reply #81 on: May 08, 2010, 12:07:33 AM »
Let me know when you need to contact AM Costa Rica... I know the Editor

Anything I can do to help, let me know.


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Re: Kidnapping American Children - Costa Rican Style
« Reply #82 on: May 08, 2010, 08:21:23 PM »
Hi Carlos ,I just email my lawyer in Costa Rica she Suggest that I get an auto pension of $150 a month because it would show that i have been responsible for my Daughter and my ex be require to show receipts of every $ I send plus what i have already send while my daughter is in Costa Rica.
I have recorded all conversation with my ex and her family and they know about it ,only shows them telling me to sent money or else I wont see my daughter,how they where going to used the same tactic as the other cases , how I'm a good father and the harm she's doing to me and my daughter , oh and the letter between exwife and her lover that she meet online ,phone records of when she was talking to her lover while on a family vacation with me and my Daughter days before the Abduction, how they plan the abduction.I think i talk to you a while back about this.
I will try to get in touch with Am costa rica once I get more info on what's going on there.
     

Yes, I remember that you have a lot of evidence.  It may not be all be formally admissible in court, but you could show it to AM Costa Rica and to the judge "unofficially."  I'm not sure what "auto pension" is, but it couldn't hurt to create a special account that you deposit money into for your daughter every week or month to show that you are paying child support.  Just make sure that your ex can't get the money out of the account until she returns with your daughter or the Hague case has finished.  Otherwise she will just use the money you send to pay lawyers to fight you.
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Offline lttlmtn

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Re: Kidnapping American Children - Costa Rican Style
« Reply #83 on: May 10, 2010, 07:31:11 PM »
Well... Congressman Blunt's office contacted me today and let me know the Congressman has written a letter to the Costa Rican Ambassador to let him know that we (the US Gov't) are ready to do whatever it takes to get the attention of Costa Rica and the courts to make the right decision and send Emily home ASAP or face possible financial sanctions.  They told me the letter was really nice, simply trying to explain the process and being gentle about the possibility of sanctions, and not to offend but to educate them on the process.  Fingers crossed... I just wish at this point I could get the Dateline Coverage Mike Goldman did, any advise out there how I can make it happen?

Thanks for all the support and prayers!

Roy Koyama - LBP of Emily Alina Koyama

Offline SageDad

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Re: Kidnapping American Children - Costa Rican Style
« Reply #84 on: May 10, 2010, 08:50:59 PM »
That sounds like a great letter.  I wish more Congressman would do that and hope that it helps.  I think I'm going to ask my Congressman to consider writing a letter like that actually..
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Offline lttlmtn

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Re: Kidnapping American Children - Costa Rican Style
« Reply #85 on: May 12, 2010, 01:45:22 AM »
Here is the email I just got at 11:30pm Tuesday night from my Costa Rican Attorney... It looks like EMILY IS COMING HOME!!!!!!!!!

1.-

POR TANTO
De conformidad con lo expuesto se declara con lugar la solicitud de restitucion de la niņa EMILY ALINA KOYAMA, solicitada por el seņor ROY L. KOYAMA.  Se ordena el regreso de la persona menor de edad EMILY ALINA KOYAMA, a partir de la firmeza de esta resoluciōn. Los gastos de traslado de Estados Unidos de la niņa correrān a cargo de la seņora TRINA S. ATWELL.  La niņa podrā ser acompaņada por su madre, y en caso de no poder hacerlo, un funcionario de la Autoridad Central de los Estados Unidos deberā acompaņar a la niņa, quien no podrā permanecer con su padre, hasta tanto se defina la custodia de la niņa, debiendo el juez competente en los Estados Unidos ordenar con quien va a permanecer la niņa durante la tramitaciōn del proceso de custodia, asė como el rčgimen de visitas que existirā en este lapso de tiempo.  De conformidad con el artėculo 26 del Convenio sobre los Aspectos Civiles de la Sustracciōn Internacional de Menores se dicta esta resoluciōn sin especial condenatoria en costas...NOTIFIQUESE:  Yerma Campos C. Jueza.
 
 
2.-  esto es solo el primer gran paso... ahora posiblemente ellos van a apelar y deberā ser el Tribunal Superior de Familia quien decide en ųltima instancia...  pero avanzamos muy bien..
 
Saludos y suerte.
 
Belisario

Offline M.Capestro

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Re: Kidnapping American Children - Costa Rican Style
« Reply #86 on: May 12, 2010, 07:16:20 AM »
Roy, that's really great news! Congratulations!
How long do they have to file an appeal?
If no appeal, what are the next steps?


Google Translation:

THEREFORE
In accordance with the above is declared with the application for refund instead of girls EMILY ALINA Koyama, requested by Mr. Roy L. Koyama. Ordering the return of the minor EMILY ALINA Koyama, from the firmness of this resolution. The travel expenses of U.S. child borne by Mrs. S. TRINA Atwell. The child may be accompanied by his mother, and if unable to do so, an official of the Central Authority of the United States must accompany the child, who can not stay with his father, until we define the custody of the child , the judge shall have jurisdiction in ordering United States with whom the child will stay during the pendency of the process of custody and visitation that will exist in this period. In accordance with Article 26 of the Convention on the Civil Aspects of International Child Abduction that decision is issued without a special award of costs ... Notice is: Yerma C. Campos Judge.
 
 
February .- this is just the first big step ... now they will probably be appealed and the High Court Family who ultimately decides ... but we moved very well ..
 
Greetings and luck.
 
Belisario

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Re: Kidnapping American Children - Costa Rican Style
« Reply #87 on: May 12, 2010, 01:52:23 PM »
This is fantastic news!  In the part you posted there are no details as to when the handover should happen, which is unfortunate.  It sounds like she can still appeal but that the next appeal is the "final instance" and she won't be able to appeal again after that.  Hopefully you don't have to wait out the appeal process to get the order enforced. 
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Offline JamesJosephs

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Re: Kidnapping American Children - Costa Rican Style
« Reply #88 on: May 12, 2010, 02:47:40 PM »
Here is the email I just got at 11:30pm Tuesday night from my Costa Rican Attorney... It looks like EMILY IS COMING HOME!!!!!!!!!

1.-

POR TANTO
De conformidad con lo expuesto se declara con lugar la solicitud de restitucion de la niņa EMILY ALINA KOYAMA, solicitada por el seņor ROY L. KOYAMA.  Se ordena el regreso de la persona menor de edad EMILY ALINA KOYAMA, a partir de la firmeza de esta resoluciōn. Los gastos de traslado de Estados Unidos de la niņa correrān a cargo de la seņora TRINA S. ATWELL.  La niņa podrā ser acompaņada por su madre, y en caso de no poder hacerlo, un funcionario de la Autoridad Central de los Estados Unidos deberā acompaņar a la niņa, quien no podrā permanecer con su padre, hasta tanto se defina la custodia de la niņa, debiendo el juez competente en los Estados Unidos ordenar con quien va a permanecer la niņa durante la tramitaciōn del proceso de custodia, asė como el rčgimen de visitas que existirā en este lapso de tiempo.  De conformidad con el artėculo 26 del Convenio sobre los Aspectos Civiles de la Sustracciōn Internacional de Menores se dicta esta resoluciōn sin especial condenatoria en costas...NOTIFIQUESE:  Yerma Campos C. Jueza.
 
 
2.-  esto es solo el primer gran paso... ahora posiblemente ellos van a apelar y deberā ser el Tribunal Superior de Familia quien decide en ųltima instancia...  pero avanzamos muy bien..
 
Saludos y suerte.
 
Belisario


Congratulations, and keep us updated.  My fingers are crossed that this doesn't wind up in an appellate black hole and you will have your daughter back sometime soon!

Offline phillyone

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Re: Kidnapping American Children - Costa Rican Style
« Reply #89 on: May 12, 2010, 06:31:55 PM »
Here is the email I just got at 11:30pm Tuesday night from my Costa Rican Attorney... It looks like EMILY IS COMING HOME!

 :yeahthat :yeahthat I'm so happy for you! Let us know when you officially have her back home.