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Offline LukieD

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Re: Introduction
« Reply #15 on: February 13, 2010, 12:28:55 AM »
Quote from: JoseGrullon;67791
When was your child taken to the Dominican Republic?
Did you have rights of custody then?
Where you married to the mother of the child?
What does the Mass Law state about children born out of wedlock?
Did you sign a Voluntary Acknowledgment Of Parentage?
When did you file the petition?
Was Mass. the habitual place of residence of your child?
Can courts other than the ones from the habitual place of residence determine custody of children who do not live in their jurisdiction?
 
Is your child really missing?
 
JG

Mr. Grullon, if that's in fact your real name, abducted children are in fact missing, after having been removed from their place of habitual residence. That's why the parent is seeking their return to the country where they had been living prior to the abduction. Do you think that any parent whose child has been taken from them against their will can say with any certainty at any point in time where their child is located, what that child is doing, and what they're being told about the left-behind parent? You have a lot to learn about international child abduction but you've come to the right place by joining the BSH forum. I hope you stick around long enough to educate yourself. There are a lot of passionate and knowledgeable people on this forum on the topic of international child abduction.

Offline dhanika

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Re: Introduction
« Reply #16 on: February 13, 2010, 09:15:53 AM »
Quote from: JoseGrullon;67791
When was your child taken to the Dominican Republic?
Did you have rights of custody then?
Where you married to the mother of the child?
What does the Mass Law state about children born out of wedlock?
Did you sign a Voluntary Acknowledgment Of Parentage?
When did you file the petition?
Was Mass. the habitual place of residence of your child?
Can courts other than the ones from the habitual place of residence determine custody of children who do not live in their jurisdiction?
 
Is your child really missing?
 
JG

Hello Jose,
 
I have sole custody of Kali awarded to me by the courts in my daughter's habitual place of residence, Massachusetts.   Previous to the order of sole custody I had joint physical and legal custody of Kali.
 
I would refer you to the Hague Convention on the Civil Aspects of International Child Abduction with regards to which country has the right to determine Kali's custody and care.

Offline JoseGrullon

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Re: Introduction
« Reply #17 on: February 13, 2010, 10:21:58 AM »
Quote from: carlos;67023
Absolutely unbelievable!!  I'm censoring myself here to avoid profanity... (the burdens of being a moderator require self-censorship).  The Central Authority outright denied the petition.. XXX?  And they do so by sending in what sounds like a google translation of their retarded reasoning?  I didn't even need to read to your analysis of the problems with their logic.

:conf:How do you know for sure that "this father's version" is correct if you didn't even read the response from the DR Central Authority?

I am familiar enough w/ the Hague Convention and Hague cases to see the huge holes in it already.  I hope the Dominican Republic is, at the very least, listed in the upcoming Non-Compliance report as having a "pattern of non-compliance."  Sounds like the DR should change replace "Dominican" with "Banana."

:conf: If you know so much about the convention then you must acknowledge that any country signatory to the convention IS entitled with the same authority to make determinations about the use and correct implementation of the treaty, and these determinations should be respected by all contracting parties. In this case the determination has been made in the sense that this petition had errors and therefor cannot be enforced. Are you suggesting that procedures should be carried on the wrong way? Dhanika Should give out the details of his case to see if it is really well founded.

There is a bill in Congress, HR 3240, written by Congressman Chris Smith to hold countries like this responsible for sanctioning the kidnapping of American children.  Please contact your congressman to ask that he co-sponser this bill.  I would also recommend contacting your senators and keeping in touch with the State Dept to push them to keep pressing the DR.  They normally back away from these cases once they go into the foreign country's courts but your case is being blocked directly by the foreign CA and they have no excuse whatsoever for not remaining directly involved.  The DR central authority is grossly mis-interpreting the convention and the OCI knows it.
Why are you so eager to propose sanctions against a foreign country without the details on the case. I posted some questions to Dhanika earlier today and he hasn't answered yet. Is this how this is supposed to work?

Offline JoseGrullon

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Re: Introduction
« Reply #18 on: February 13, 2010, 10:25:17 AM »
Quote from: dhanika;67805
Hello Jose,
 
I have sole custody of Kali awarded to me by the courts in my daughter's habitual place of residence, Massachusetts.   Previous to the order of sole custody I had joint physical and legal custody of Kali.
 
I would refer you to the Hague Convention on the Civil Aspects of International Child Abduction with regards to which country has the right to determine Kali's custody and care.


:conf:  You did not answer any of the questions Dhanika

                Originally Posted by JoseGrullon                             
             When was your child taken to the Dominican Republic?
Did you have rights of custody then?
Where you married to the mother of the child?
What does the Mass Law state about children born out of wedlock?
Did you sign a Voluntary Acknowledgment Of Parentage?
When did you file the petition?
Was Mass. the habitual place of residence of your child?
Can courts other than the ones from the habitual place of residence determine custody of children who do not live in their jurisdiction?
 
Is your child really missing?
 
JG
« Last Edit: February 13, 2010, 10:28:57 AM by JoseGrullon »

Offline dhanika

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Re: Introduction
« Reply #19 on: February 13, 2010, 10:26:29 AM »
Quote
Why is it impossible for you to contact the mother or your child? Can't you travel to the DR? Haven't you been there before? I know for a fact that Goldman went to Brazil to see his son... Very interested in your answer: JG

Jose,
 
Yes I have on two occassions attempted to visit my daughter in the Dominican Republic during my custody case. The first visit went without incident and I was able to visit with Kali Soleil and celebrate her first birthday with her. On my second visit Sandra Clarissa Zemialkowski interfered with my visit with Kali Soleil and attempted to manufacture false allegations of assault against me.
 
She attempted to bribe a valet, after she struck me and made a public scene, to say that I struck her. After this incident I was advised and in fact the judge in my custody case also found that it would be impossible to visit my daughter in the Dominican Republic.
 
You can read more about my challenges with my daughter's abductor on my website:
 
http://www.bringkalihome.net/KalisAbductor/tabid/60/Default.aspx
 
Since being awarded sole custody I received a communication via email from Sandra Clarissa Zemialkowski that I was to never contact her again. I hope you can see that given this unpredictable pattern of behavior it is impossible to contact her.

Offline JoseGrullon

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Re: Introduction
« Reply #20 on: February 13, 2010, 10:38:22 AM »
Quote from: JoseGrullon;67808
:conf:  You did not answer any of the questions Dhanika

                     Originally Posted by JoseGrullon                                    
                 When was your child taken to the Dominican Republic?
Did you have rights of custody then?
Where you married to the mother of the child?
What does the Mass Law state about children born out of wedlock?
Did you sign a Voluntary Acknowledgment Of Parentage?
When did you file the petition?
Was Mass. the habitual place of residence of your child?
Can courts other than the ones from the habitual place of residence determine custody of children who do not live in their jurisdiction?
 
Is your child really missing?
 
JG

Under the Hague Convention, habitual residence should be determined in a hearing in the courts of the requested state. I understand that your petition has not been processed yet and you are waiting for a court date in the Dominican Republic.

Offline JoseGrullon

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Re: Introduction
« Reply #21 on: February 13, 2010, 10:41:02 AM »
Quote from: dhanika;67809
Jose,
 
Yes I have on two occassions attempted to visit my daughter in the Dominican Republic during my custody case. The first visit went without incident and I was able to visit with Kali Soleil and celebrate her first birthday with her. On my second visit Sandra Clarissa Zemialkowski interfered with my visit with Kali Soleil and attempted to manufacture false allegations of assault against me.
 
She attempted to bribe a valet, after she struck me and made a public scene, to say that I struck her. After this incident I was advised and in fact the judge in my custody case also found that it would be impossible to visit my daughter in the Dominican Republic.
 
You can read more about my challenges with my daughter's abductor on my website:
 
http://www.bringkalihome.net/KalisAbductor/tabid/60/Default.aspx
 
Since being awarded sole custody I received a communication via email from Sandra Clarissa Zemialkowski that I was to never contact her again. I hope you can see that given this unpredictable pattern of behavior it is impossible to contact her.


:conf: You have not answered any of our questions yet Dhan, do you need help?
The Mother has rights too, Dhan. She is as much a parent to the child as you are.
Please answer the questions so this forum can help you.

Offline KarlHindle

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Re: Introduction
« Reply #22 on: February 13, 2010, 11:02:58 AM »
Jose - who exactly are you?
Emily's Dad - Karl Hindle
karl4work@gmail.com
http://emilyrosehindle.blogspot.com
‘Who gives a damn about the credit?’ Do what is right and the chips fall into place.” Congressman Chris Smith

Offline JoseGrullon

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Re: Introduction
« Reply #23 on: February 13, 2010, 11:05:44 AM »
Quote from: LukieD;67795
Mr. Grullon, if that's in fact your real name, abducted children are in fact missing, after having been removed from their place of habitual residence. That's why the parent is seeking their return to the country where they had been living prior to the abduction. Do you think that any parent whose child has been taken from them against their will can say with any certainty at any point in time where their child is located, what that child is doing, and what they're being told about the left-behind parent? You have a lot to learn about international child abduction but you've come to the right place by joining the BSH forum. I hope you stick around long enough to educate yourself. There are a lot of passionate and knowledgeable people on this forum on the topic of international child abduction.

Yes "LukieD", Jose Grullon IS my actual name. I don't know if you can say the same... I am also passionate and knowledgeable on International Child Abduction and the Hague Convention of 1980 and 1996. I hope that we can be of assistance to real LBP's. JG

Offline SageDad

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Re: Introduction
« Reply #24 on: February 13, 2010, 11:07:46 AM »
Quote from: JoseGrullon;67807


:conf:How do you know for sure that "this father's version" is correct if you didn't even read the response from the DR Central Authority?

:conf: If you know so much about the convention then you must acknowledge that any country signatory to the convention IS entitled with the same authority to make determinations about the use and correct implementation of the treaty, and these determinations should be respected by all contracting parties. In this case the determination has been made in the sense that this petition had errors and therefor cannot be enforced. Are you suggesting that procedures should be carried on the wrong way? Dhanika Should give out the details of his case to see if it is really well founded.


Why are you so eager to propose sanctions against a foreign country without the details on the case. I posted some questions to Dhanika earlier today and he hasn't answered yet. Is this how this is supposed to work?


I have read the Central Authority's response I just didn't bother to read the father's explanation of how it was bad.. that much was clear to me immediately.  Their response is complete nonsense.  

Central Authorities aren't judge's or juries.  They don't decide the merits of a Hague case.  They are outright rejecting the application without transmitting it to a judge and are doing so on the basis of absolute nonsense.  They can only summarily deny an application if it is completely unfounded.  Either the Central Authority of the DR is staffed by idiots or they are corrupt.  It is really that simple.  The Dominican Republic signed the Hague Convention and must honor it.  If they choose not to do so they should be sanctioned by the US and any other Hague country whose children they allow to be kidnapped.  Signing the Convention allows for the DR to get it's own kidnapped kids back but it requires it to return the kidnapped children of other countries.
« Last Edit: February 13, 2010, 11:10:33 AM by carlos »
“What you seek is seeking you.”
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Offline JoseGrullon

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Re: Introduction
« Reply #25 on: February 13, 2010, 11:18:51 AM »
Quote from: carlos;67815
I have read the Central Authority's response I just didn't bother to read the father's explanation of how it was bad.. that much was clear to me immediately.  Their response is complete nonsense.  

Central Authorities aren't judge's or juries.  They don't decide the merits of a Hague case.  They are outright rejecting the application without transmitting it to a judge and are doing so on the basis of absolute nonsense.  They can only summarily deny an application if it is completely unfounded.  Either the Central Authority of the DR is staffed by idiots or they are corrupt.  It is really that simple.  The Dominican Republic signed the Hague Convention and must honor it.  If they choose not to do so they should be sanctioned by the US and any other Hague country whose children they allow to be kidnapped.  Signing the Convention allows for the DR to get it's own kidnapped kids back but it requires it to return the kidnapped children of other countries.

Are you supposed to be the "moderator" on this forum?
Let me quote article 27 of the HC:

Article 27  
When it is manifest that the requirements of this Convention are not fulfilled or that the application is otherwise not well founded, a Central Authority is not bound to accept the application. In that case, the Central Authority shall forthwith inform the applicant or the Central Authority through which the application was submitted, as the case may be, of its reasons.



Carlos, Are you proposing thet we abide to the Convention for SOME matters and NOT for others?

JG

Offline SageDad

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Re: Introduction
« Reply #26 on: February 13, 2010, 11:19:56 AM »
Quote from: JoseGrullon;67810

Under the Hague Convention, habitual residence should be determined in a hearing in the courts of the requested state. I understand that your petition has not been processed yet and you are waiting for a court date in the Dominican Republic.


Habitual residence is generally an easy determination to make.  The problem is that they are not even giving the father his day in court.  They are just denying the Hague application.
“What you seek is seeking you.”
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Offline JoseGrullon

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Re: Introduction
« Reply #27 on: February 13, 2010, 11:26:26 AM »
Quote from: JoseGrullon;67816
Are you supposed to be the "moderator" on this forum?
Let me quote article 27 of the HC:

Article 27  
When it is manifest that the requirements of this Convention are not fulfilled or that the application is otherwise not well founded, a Central Authority is not bound to accept the application. In that case, the Central Authority shall forthwith inform the applicant or the Central Authority through which the application was submitted, as the case may be, of its reasons.



Carlos, Are you proposing thet we abide to the Convention for SOME matters and NOT for others?

One more question for you Carlos: Do you Know how many petitions have been denied TO the DR by YOUR State Department?
(I have the answer, by the way)
JG

Offline JoseGrullon

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Re: Introduction
« Reply #28 on: February 13, 2010, 11:36:08 AM »
Quote from: carlos;67817
Habitual residence is generally an easy determination to make.  The problem is that they are not even giving the father his day in court.  They are just denying the Hague application.

Carlos, they CAN do it, that part of their role as CAs. (Read article 27, above)

Besides, any LBP can file directly to the courts of the required state (real article 29, quoted below)

Article 29  
This Convention shall not preclude any person, institution or body who claims that there has been a breach of custody or access rights within the meaning of Article 3 or 21 from applying directly to the judicial or administrative authorities of a Contracting State, whether or not under the provisions of this Convention.





I know for a fact that this father has lawyers retained in the Dominican Republic, why hasn't he filed his petition directly then?

Offline SageDad

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Re: Introduction
« Reply #29 on: February 13, 2010, 11:37:28 AM »
Quote from: JoseGrullon;67816
Are you supposed to be the "moderator" on this forum?
Let me quote article 27 of the HC:

Article 27  

  When it is manifest that the requirements of this Convention are not fulfilled or that the application is otherwise not well founded, a Central Authority is not bound to accept the application. In that case, the Central Authority shall forthwith inform the applicant or the Central Authority through which the application was submitted, as the case may be, of its reasons.


Carlos, Are you proposing thet we abide to the Convention for SOME matters and NOT for others?

JG


Yes, the part of the section that you seem to be missing is where it says, "When it is manifest"


Since you don't seem to understand it I looked up a definition of 'manifest' for you:

Manifest
1 : readily perceived by the senses and especially by the sight
2 : easily understood or recognized by the mind : obvious


Expounding upon this article, Elisa Perez-Vera in the Explanatory Report on the writing and spirit of the Hague Convention writes:

Quote from: Hague Explanatory Report

Common sense would indicate that Central Authorities
         cannot be obliged to accept applications which belong outside the
         scope of the Convention or are manifestly without foundation. In
         such cases, the only duty of Central Authorities is to `inform
         forthwith the applicant or the Central Authority through which
         the application was submitted, as the case may be, of its
         reasons'.


In case it is still not clear to you, this article was only intended to be used when it was clear and obvious that the Hague appliation lacked merit.  Such as where the child is not under 16 years of age, the child is not in the country in question or the applicant failed to fill out the applicaiton correctly by leaving out critical information such as the child's name.  It was not intended for the Central Authority to play judge and jury and anyone who pretends that it was is, quite frankly, trying to peddle some ulterior agenda or retarded.

Edit:

I do not know how many applications the State Dept. has denied but I suspect it is very few.  I would be very interested to know how many though, and why they were denied.
« Last Edit: February 13, 2010, 11:40:03 AM by carlos »
“What you seek is seeking you.”
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