The opposing legal team and their tactics

[Bree]

Wow...he sounds like a playground bully...taunting you like only a bully would.  What a jerk!  (I could think of other words, but I don't want to stoop to his level.)

I'm happy that her attorney has dropped her case because of his antics.  I'm sure there's more to it than that.  Certainly, Attorney Mera could have dismissed this jerk from being her assistant due to his childish (and threatening) behavior.

I also wondered, while reading his emails, if there isn't a 'relationship' between the abductor of him?  I hope you do file a harassment suit against him...he needs to be "shut up" in his own country.  He's a disgrace to the legal community in the DR, even if he's not an attorney (but working with one).

[sue]

Has anybody heard any news with this one?

[dhanika]

There is going to be another hearing in the Dominican Republic on my case on Thursday.   I am hoping that there will not be anymore delays but Kali's abductor has to find a new Attorney which may delay this hearing again.

[UD_student]

I presume that Kali's abductor needs an attorney for the hearing to be held and she cannot represent herself? If that would lead to her appealing that she didn't have adequate representation then that would be bad, but if it just would lead to her not winning her case, that isn't a bad thing in my opinion. Granted, we all know she has no case, but her representing herself certainly wouldn't help her.

[sue]

Has that guy stopped harassing you?

[dhanika]

I presume that Kali's abductor needs an attorney for the hearing to be held and she cannot represent herself? If that would lead to her appealing that she didn't have adequate representation then that would be bad, but if it just would lead to her not winning her case, that isn't a bad thing in my opinion. Granted, we all know she has no case, but her representing herself certainly wouldn't help her.

Yes you are right.  In fact in the first hearing there were indications that she was trying to say that she was not adequately represented in MA as an excuse.  But if that were the case the proper thing to do is appeal the ruling in MA through the MA appeals court.

What is really sad is that while the judicial system is concerned about her rights (the abductor's rights) the rights of the most important individual in this story have been ignored (Kali's rights).   The very treaty that the Dominican Republic signed seems to mean little:

The States signatory to the present Convention,

Firmly convinced that the interests of children are of paramount importance in matters relating to their custody,

Desiring to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure protection for rights of access,

http://www.hcch.net/index_en.php?act=conventions.text&cid=24

[dhanika]

Has that guy stopped harassing you?

Gail after her now ex-Attorney dropped the case I have received no more communication from him.

[sue]

That's odd, I wonder if he really did work for that attorney?  I'm glad the harassment has stopped.

[dhanika]

Just an update to everyone, a hearing was held today in the Dominican Republic.  Kali Soleil's abductor appeared without an Attorney and seems to be attempting to claim that I had somehow consented to Kali remaining in the Dominican Republic.  What is really interesting is that she seems to be trying to use documents from a set of Attorneys in the Dominican Republic that claim they represented me to validate that I had consented to Kali remaining in the Dominican Republic.

So now the focus seems to be from me being a fraud as Jose Grullon had tried to claim to me actually somehow consenting to Kali remaining in the Dominican Republic.  An interesting development since Kali's abductor never once brought up this 'evidence' that I had consented to Kali remaining in the Dominican Republic during the custody case in Massachusetts.

Related to this, the only possible Attorneys that she is referencing to the court to provide evidence as to the fact that I may have consented to Kali remaining in the Dominican Republic would have been the Attorneys that I used to serve her for the custody hearing in Massachusetts (around March of 2008).  After they served Sandra with the complaint for custody I dropped them and hired the Attorney now representing me.  

Apart from a conflict of interest in that they may now providing information to the court on the behalf of Kali's abductor after having represented me it would be very interesting to see what they might be saying since there is nothing I said to them nor provided to them that would show that I consented to Kali remaining in the DR.  I have not provided any written consent (and not any verbal consent for that matter) to anyone consenting to Kali Soleil remaining in the Dominican Republic past the end of February 2008.

The case has now been re-scheduled for Friday April 30th.

[dhanika]

A followup to my previous post.  It seems that April 30th's hearing is going to be the final hearing before the judge makes her decision.  The judge has said that she has enough evidence to make a decision and that she wants no more delays.  She also said that on April 30th she wants the closing arguments.

She has also mentioned that she intends to apply the Hague Convention on the Civil Aspects of International Child Abduction to this case.

It is very likely that Kali Soleil's abductor appeared at the court without an Attorney to buy the extra 2 weeks as it turns out she does have Attorneys now to represent her.

[tweinstein]

At least it sounds like you got a good judge. I think that things are looking very good for you right about now.

[dhanika]

At least it sounds like you got a good judge. I think that things are looking very good for you right about now.

I hope so Tim.  We still have to deal with the curious case of a conflicted Central Authority.  CONANI the Dominican Republic's central authority has very curiously started the judicial proceedings but then turned around and petitioned the court to deny my petition.   What their motivation is, that is the curious part.  From what I understand the Central Authority is  not supposed to be able to petition a court like that.  Their responsibility, once my petition has been accepted is to start judicial proceedings and prior to that to try and facilitate a voluntary return of the child.

CONANI's Attorney Christian Maldonado has acted in a very curious fashion.  He has cited the fact that Sandra Zemialkowski, Kali Soleil's abductor, came to him (or CONANI) before I filed my petition and told them about my case.  He then used that as rationale that the case in MA should have been suspended.  Now, after accepting my petition, he is petitioning for denial in the courts.

I hope the judge can see through this very curious behavior of CONANI.

[sue]

That doesn't make any sense, aren't they supposed to be on your side?  I hope your attorney is on top of that one.

[SageDad]

At least it sounds like you got a good judge. I think that things are looking very good for you right about now.

I hope so Tim.  We still have to deal with the curious case of a conflicted Central Authority.  CONANI the Dominican Republic's central authority has very curiously started the judicial proceedings but then turned around and petitioned the court to deny my petition.   What their motivation is, that is the curious part.  From what I understand the Central Authority is  not supposed to be able to petition a court like that.  Their responsibility, once my petition has been accepted is to start judicial proceedings and prior to that to try and facilitate a voluntary return of the child.

CONANI's Attorney Christian Maldonado has acted in a very curious fashion.  He has cited the fact that Sandra Zemialkowski, Kali Soleil's abductor, came to him (or CONANI) before I filed my petition and told them about my case.  He then used that as rationale that the case in MA should have been suspended.  Now, after accepting my petition, he is petitioning for denial in the courts.

I hope the judge can see through this very curious behavior of CONANI.

Central Authorities have ample authority, if not a mandate, to petition the court when doing so helps achieve the objectives of the Convention.  Without overlooking the fact that in this case they are doing so in a manner that seems to undermine the objectives of the Convention it bears noting that the US State Dept. has filed motions in many Hague cases heard in the US to encourage the judge to return children abducted to the US.  In and of itself that's a worthwhile and non-controversial thing to do, but it raises the question as to why the USCA never files briefs with foreign courts on behalf of American children, only with American courts on behalf of foreign children.

In this case it would appear that Mr. Maldonado of the DRCA has taken it upon himself to be the judge and jury in this case and tried to prevent Dhanika from ever having his day in court or having an opportunity to present his side of the story.  As much as Maldonado's actions should be repudiated for the unethical and morally bankrupt practices they represent, they too are not without precedent.

[sue]

What happened today?  I hope you have some good news.