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Offline M.Capestro

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Re: Hague Return Confirmed
« Reply #30 on: March 25, 2010, 10:49:18 AM »
Is there anything we can be doing that would be helpful? Reaching out to the media? Your congressman / senator? If yes, please point us in the right direction.

Offline lovellboys

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Re: Hague Return Confirmed
« Reply #31 on: March 31, 2010, 10:27:48 AM »
Is there anything we can be doing that would be helpful? Reaching out to the media? Your congressman / senator? If yes, please point us in the right direction.

I am so glad this may finally be nearing the end, but would also like to know what can be done to help get Sage home before his next birthday.   

Is there a date yet for a ruling on the appeal?

Fingers are crossed!

Offline SageDad

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Re: Hague Return Confirmed
« Reply #32 on: March 31, 2010, 04:43:42 PM »
I am constantly trying to think of ways to do more and how the BSH community can help me but right now I think the legal process in Mexico needs to play out.  Once it does, regardless of the final decision, I will need to push the State Department and/or the USDOJ to make sure that the decision is enforced, or ignored, as the case may be in fighting to bring Sage, my American son, home.

My Congressman, David Price, has been helping me with the State Department and the FBI but has not co-sponsored HR 3240.  I actually have yet to hear a response from his office on the bill after being told they would consider it.  Contacting Representative Price to thank him for helping me with State and the FBI and encouraging him to cosponsor HR 3240 would serve the dual purpose of keeping his office interested in Sage and hopefully influence him to be bi-partisan and work with Congressman Smith to protect his constituent and thousands of other American children suffering in this tragic situation.
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Offline phillyone

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Re: Hague Return Confirmed
« Reply #33 on: March 31, 2010, 08:34:18 PM »
Carlos,

Do you think it would help if a few of us called David Price to co-sponsor 3240? I don't want to muddy the waters for you but if you think it would help let us know and we'll start targeting him with phone calls.

Offline dmdaven2

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Re: Hague Return Confirmed
« Reply #34 on: April 01, 2010, 09:52:19 AM »
Carlos,

Do you think it would help if a few of us called David Price to co-sponsor 3240? I don't want to muddy the waters for you but if you think it would help let us know and we'll start targeting him with phone calls.

Yea, David Price's office is involved with my case as well...I'm surprised they won't co-sponsor the bill...but calling his office will keep this issue in the forefront.

Devon Davenport - Father of Nadia Lynn ;)

Offline SageDad

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Re: Hague Return Confirmed
« Reply #35 on: April 01, 2010, 11:00:39 AM »
Carlos,

Do you think it would help if a few of us called David Price to co-sponsor 3240? I don't want to muddy the waters for you but if you think it would help let us know and we'll start targeting him with phone calls.

I'm not really sure what's most appropriate but it may be better just to write rather than call unless you are in, or close to, his district.  I've been reading about his position on various issues and found:

Quote from: Price

"Foreign Policy and Defense"

"A nation's foreign policy is of critical importance because it determines how that nation interacts with the rest of the planet. I believe we must change American foreign policy to restore our role as a force for global peace and stability and as an exemplar of democratic values."


You might want to say:

America must take the lead on International Child Abduction.  America lags well behind other nations in properly prioritizing this issue.  The fact that America is willing to tacitly, if not complicity, allow our treaty partners to contravene the Hague Convention and abduct American children damages our credibility in any role as a force for global peace and stability.  Completely ignoring the devastation this causes to the affected American families, every country has children that they care about.  Advocating for the fundamental rights of a nations own children is something every man, woman and child can respect in both domestic, and foreign policy.  Many countries already fight much harder to get their children back than the US does, but no country besides the US has the ability to singlehandedly bring about systemic improvements to global compliance.  By creating accountability and consequences for nations that fail to abide by their treaty obligations America not only improves the possibility that it will recover it's own children, but also that other countries will recover their own.  The reality is that only America can credibly claim that it will begin holding it's treaty partners accountable and, by no more than making the claim, have a chance of causing foreign countries to take the issue seriously.  HR 3240 only gives the president the power to impose sanctions.  It does not require that he use it.  When American foreign policy is fundamentally right, such as when it's advocating for basic children's rights on the international stage, America fulfills it's promise as a country at the forefront of promoting basic human rights and freedom in the world.

On Immigration Reform he says:

Quote from: Price

"Immigration Reform"

As chairman of the House Homeland Security Appropriations Subcommittee, I have worked to move policy in a constructive direction in areas such as border security and immigration enforcement. To be truly effective, our immigration policy must simultaneously address border security and employer accountability, create legal avenues for workers to enter the country to meet the legitimate needs of employers, and offer opportunities for adjustment to legal status -- on a case by case basis -- to those undocumented workers and their families who are already firmly established in our communities.  If through such policies we can eliminate the flow of illegal workers crossing our borders, the Department of Homeland Security can focus its resources on terrorist threats and criminal threats at the border.


You also might mention:

Our open and insecure by design border policy allows much more than just the rampant flow of drugs, guns, money, illegal immigrants and potential terrorists, it also allows the trivially easy abduction of American children across our southern border  The US Border Patrol just smiles and waves while American children are kidnapped over the Mexican border,  many never to be seen or heard from again.  No documentation is required to take these children out of the country across our southern border, not even a US passport, which means they can't even legally get back into the country.  All this in spite of Mexico's unrivaled history of failing to comply with the Hague Convention on child abduction.  These children are our citizens.  Born in the U.S. of American parents.  They deserve our protection and oversight, every bit as much as the adults who are held in foreign countries,  such as the reporters President Clinton retrieved from N. Korea.


Yea, David Price's office is involved with my case as well...I'm surprised they won't co-sponsor the bill...but calling his office will keep this issue in the forefront.


I'm surprised you're surprised.  You should call him up and tell him to cosponsor and protect Nadia and Sage.
« Last Edit: April 01, 2010, 11:03:03 AM by carlos »
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Offline phillyone

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Re: Hague Return Confirmed
« Reply #36 on: April 01, 2010, 01:39:41 PM »
I just contacted David Price's office. I have him on my "hot list" now and will contact him regularly. I will try to target him by writing a letter to him this weekend.

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Re: Hague Return Confirmed
« Reply #37 on: April 01, 2010, 01:50:17 PM »
What happens if she does not comply?  And if she did appeal last night, how long will this one take for the judge to hear?  Also, is she at the end of the road as far as appeals go? 

It seem she did appeal after hours on Tue (Mexican federal courts have secretaries to accept appeals 24 hours a day 365 days a year.)  It was published this morning that she filed requesting "el recurso de revision" or a judicial review of the decision (appeal.)  This appeal will be heard by the 2nd level federal courts though the possibility exists that the Supreme Court will step in and request to handle the review themselves.  This would be an extraordinary measure.  My lawyer hopes they will.  I hope they don't.  The Mexican Supreme Court will take much longer to resolve the case than the federal high court would.  Since, aside from it being a Hague case, there is nothing particularly noteworthy or unique about it I don't expect the Supreme Court will request it.  Once this appeal is over the decision to return Sage becomes final.

If the federal high court hears the appeal it should be three months.  If the Supreme Court does it will take 2-4x longer than that.  If she fails to comply with a final order for return she will be committing a crime and orders for her arrest and the search for Sage will be issued.

I hope my lawyer can go tommorow to get a copy of the appeal and begin the process of responding to it.  Until I have been officially notified of the appeal it will not be transmitted to the high court and my lawyer will need to acknowledge notification on my behalf once he goes there.

Carlos, do you know how soon it will be before her appeal is actually heard? A matter of days? On what grounds is she appealing, or is it just a matter of having "another pair of eyes" review the decision?

Offline SageDad

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Re: Hague Return Confirmed
« Reply #38 on: April 02, 2010, 03:15:07 PM »
Carlos, do you know how soon it will be before her appeal is actually heard? A matter of days? On what grounds is she appealing, or is it just a matter of having "another pair of eyes" review the decision?

No new arguments during the appeal.  A lot of copy/pasting going on.  She stopped arguing Article 12 adaptation and is only arguing Article 13 exceptions for "grave risk of harm" (Art 13B) in separating Sage from his mom, or giving him to a "dishonest criminal" like me who has gone before US courts and authorities and "fraudulently obtained" court judgments without properly notifying her, and who clearly doesn't love his son (based on "psychological evidene") and only wants custody to fulfill his own egotistical needs (based on more "psychological evidence.")  She also argues that because "I never paid child support" I was not "effectively exercising custody at the time of removal" (Art. 13A).

She also argues that Sage has not had an opportunity to make his opinion known due to the court not appointing a lawyer to represent him or formally notifying Sage of the proceedings "against him" before they began.
« Last Edit: April 02, 2010, 03:18:41 PM by carlos »
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Offline Dan_Plainview

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Re: Hague Return Confirmed
« Reply #39 on: April 02, 2010, 05:19:36 PM »
Carlos, do you know how soon it will be before her appeal is actually heard? A matter of days? On what grounds is she appealing, or is it just a matter of having "another pair of eyes" review the decision?

No new arguments during the appeal.  A lot of copy/pasting going on.  She stopped arguing Article 12 adaptation and is only arguing Article 13 exceptions for "grave risk of harm" (Art 13B) in separating Sage from his mom, or giving him to a "dishonest criminal" like me who has gone before US courts and authorities and "fraudulently obtained" court judgments without properly notifying her, and who clearly doesn't love his son (based on "psychological evidene") and only wants custody to fulfill his own egotistical needs (based on more "psychological evidence.")  She also argues that because "I never paid child support" I was not "effectively exercising custody at the time of removal" (Art. 13A).

She also argues that Sage has not had an opportunity to make his opinion known due to the court not appointing a lawyer to represent him or formally notifying Sage of the proceedings "against him" before they began.

Sorry Carlos, but this is extremely aggravating.

When were you supposed to be paying child support to this adulterating (sp?) child kidnapper? After she kidnapped your son or while she was still portending to be your faithful partner?

Who has harmed Sage in his life to this point? Who ripped his Daddy out of his life? Grave risk of harm to him would be continuing to leave him with his abductor away from his habitual residence (and loving Father).

Does she not have the ability to follow him back to his habitual residence when he is returned? Whether separation occurs would be up to her then, would it not?

When they have no defense, they grasp at straws and lie. It is transparent to all who care to see.

You will have Sage home soon!
Dan
 
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Offline SageDad

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Re: Hague Return Confirmed
« Reply #40 on: April 02, 2010, 09:12:31 PM »

Sorry Carlos, but this is extremely aggravating.

When were you supposed to be paying child support to this adulterating (sp?) child kidnapper? After she kidnapped your son or while she was still portending to be your faithful partner?

Who has harmed Sage in his life to this point? Who ripped his Daddy out of his life? Grave risk of harm to him would be continuing to leave him with his abductor away from his habitual residence (and loving Father).

Does she not have the ability to follow him back to his habitual residence when he is returned? Whether separation occurs would be up to her then, would it not?

When they have no defense, they grasp at straws and lie. It is transparent to all who care to see.

You will have Sage home soon!

We filed a response to her appeal that argued all the same things in great detail.  Her dishonesty really is plain as day to anyone who takes the time to study the court file.  When we tried to ask questions related to her infidelity during the family court proceedings the judge banned the questions as "insidious and not relevant to the litigation."  Nonetheless the pictures that prove it remain in the evidence.  More than her inconsistent and almost incoherent testimony though the key piece of evidence against her in this final appeal is, ironically, one of the only pieces of evidence she turned in personally.  Though to date the effects of it have been ignored and overlooked by the lower courts, there is a Mexican birth certificate issued for Sage by the Mexican Embassy in Raleigh, NC.  She turned it in to prove "Sage is a Mexican citizen" without realizing that his citizenship actually is irreleveant to the lititgation.  She testified that she's been in Mexico since October 2007 (and hence I lied for saying the abduction was in June '08) when the Mexican birth certificate was issued in April '08.  On the birth certificate it says that both parents, Sage and two witnesses appeared before the Mexican embassy on that day to request he be granted Mexican citizenship.  Both my wife's and my signature appear along with that of two witnesses and Sage's thumbprint along with our shared address.  We also just noticed during this final appeal that, on the same document, the "occupation" of the parents is listed.  For me it lists "employee" and for my wife it lists "housewife" destroying her unfounded argument that I didn't pay child support since she lived with me and was unemployed.  Since this is a "public document" it's supposed to be given absolute probatory value unless there is another public document that contradicts it or a mountain of evidence against it that does.  In spite of all the court decisions prior to this one none of the judges have appreciated how effectively that single document, turned in by the abductor herself, completely destroys all her arguments (or the fact that ALL the other evidence is consistent with that document in addition to my testimony.)

The real stupidity in this case is that my wife's arguments have been horrendously weak throughout this entire proceeding.  She lied all over the place but told the wrong lies and even though the court accepted those lies, even when all the evidence contradicted them, they didn't accredit any exceptions to return.  Even if Sage had been in Mexico since Oct '07, I filed the Hague in July of '08, still well within a year.  The same principle applies with everything my wife has said.  Even if you treated her unilateral claims as gospel they are not enough to deny Sage's return under the Hague Convention.  The only thing my wife has proven is that, with inadequate and unfounded unilateral assertions a Hague case can be delayed for years in Mexico.  She claims she didn't live with me even prior to the abduction but "can't remember her address" and wants to "protect the privacy" of the friend she lived with.  She claims I am racist and constantly denigrated her for being "Mexican" and "illegal" and then in the next sentences says that our marriage was an immigration fraud to avoid the expiration of her "legal status" (tourist visa) in this country (she has never been "illegal").  She then accussed me of threatening her with "taking away her US Residency and putting her in jail" if she didn't return with Sage and then tried arguing in the higher court that she lacked the documentation to be able to enter the US if Sage was ordered returned (seemingly completely forgetting that she implicitly admitted she was a legal US resident.)  When I say that the legal equivalent of monkeys on typewriters can effectively delay Hague proceedings and the return of an abducted child for years I am not speaking theoretically or abstractly.  I have personally witnessed exactly that.
« Last Edit: April 02, 2010, 09:22:21 PM by carlos »
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Offline sue

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Re: Hague Return Confirmed
« Reply #41 on: April 03, 2010, 10:18:14 AM »
She's really something.....good grief.  She lies so much she can't keep track  :wow

Is this the end of the line for her?  I mean no more appeals? 

Offline dhanika

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Re: Hague Return Confirmed
« Reply #42 on: April 03, 2010, 12:58:56 PM »
When you lie you end up have to make up more lies to cover up the one lie.  It then becomes hard to distinguish between the truth and lies for that individual.  What is really shocking is when courts ignore the evidence.

It also seems a common requirement that the abductor has to turn the LBP into a monster.  It has been no different in my case.

Hopefully this madness is almost over for you.

Offline SageDad

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Re: Hague Return Confirmed
« Reply #43 on: April 03, 2010, 04:11:27 PM »
When you lie you end up have to make up more lies to cover up the one lie.  It then becomes hard to distinguish between the truth and lies for that individual.  What is really shocking is when courts ignore the evidence.

It also seems a common requirement that the abductor has to turn the LBP into a monster.  It has been no different in my case.

Hopefully this madness is almost over for you.

My wife's a lawyer who knew enough law to think she knew what she was doing when she had no idea what a Hague case was really like.  She didn't appreciate how far the legal proceedings would go.  During the first hearing she gave a long testimony on various topics.  I'm sure at the time she thought the judge would make a decision then and there based on her testimony, and frankly I'm sure that many Hague cases in Mexico work that way, but my lawyer was there to push for the initiation of a proper trial.  Her testimony at the first hearing backed her into an illogical corner she could not get out of when it came time to present evidence.. evidence that would be reviewed and re-analyzed over the course of numerous appeals.  Forced with admitting she was dishonest at the first hearing or continuing with a ridiculous story for the sake of consistency she pressed on with her story and continued to lie to try to cover up all the inconsistencies.  I honestly tried to explain to her that this wasn't a custody case and that I would go to the Supreme Court in Mexico if needed to get justice (and had the HUGE benefit of having the truth on my side) but she never seemed to believe that and both her and her attorneys litigated a flawed and illogical custody case against me that was so bad I wondered if they were even trying to win or just waste time... except that they could have wasted even more time if that's what they were really trying to do so they even failed at that.  Since this is the final appeal I feel like I can actually say it.  My wife's attorneys were terrible, but it's too late for her to change them.  My lawyer tells me I should be paying them for the work they do on my behalf.  In Mexico, where almost everything's for sale they could have bought themselves some fake evidence or testimony somehow.  They should have looked at this case and said damn.. we have nothing, we better make up something that accredits a Hague exception and buy some evidence for it.  The judges are so predisposed to believe the Mexican mother against the foreign father that even with a nonsense story all the lower courts have held ME to be the liar... but still ordered Sage's return for lack of a reason not too.. and they actually sound melancholic at times in their wording at the lack of such a valid reason.  That is to say they seem almost sad at not having a reason to order my son stay in Mexico.  Xenofobia, nationalism and a profound sense of independence and desire to screw any gringo trying to usurp the sovereignty of Mexican authorities makes for a potent bias coctail against American parent's, in particulary father's.  The systemic advantages that exist in Mexico are so great that this was really my wife's case to lose.. and she's losing.  If my son come's home via the Hague Convention I'm sure it will be hailed as evidence that the Hague Convention works in Mexico.  Let me be the first to say it does not.
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Offline greg4sean

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Re: Hague Return Confirmed
« Reply #44 on: April 05, 2010, 07:30:50 PM »
If my son come's home via the Hague Convention I'm sure it will be hailed as evidence that the Hague Convention works in Mexico.  Let me be the first to say it does not.

And we will be there to remind them and everyone that it does not as well.

Prayers are with you and Sage as always.
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