Bring Emily Home

[Bree]

This post was made by Roy on the Costa Rican thread.  Thought I would bring it here:
http://bringseanhome.org/forums/index.php/topic,2782.120.html

it appears that one of the kidnappers from around the world is following this thread and has now been harassing Congressman Blunt with an email that is very wrong with the facts included, but why doesn't that surprise me?  I know the author of the email wasn't even Trina as she doesn't have the capacity for such an email.  I don't know if she's capable of an original thought at this time???

See if you can figure out who wrote it... it's pretty obvious. Here's the email:

Dear Congressman Roy Blunt,

It has come to my attention that Roy Koyama of Springfield, Missouri has asked for your help in bringing a child named Emily Koyama back to the United States from Costa Rica under a Hague Convention application. After researching this case, I have found that the court in Missouri and Costa Rica did not follow proper procedures in dealing with such a delicate issue.

Because Trina Atwell was never married to Roy Koyama, Mr. Koyama would have had to undergo a DNA test to establish paternity BEFORE any parental rights could be established in the Missouri Court.

Paternity as pertains to Missouri Law:

If parents are married when a child is born, the husband is automatically considered the child's father. However, when parents are unmarried, a father has no legal rights unless he establishes paternity. Until paternity is proven, a father does not have any claim for custody of the child. Paternity can be established at the child's birth when unmarried parents sign an Affidavit Acknowledging Paternity at the hospital. Otherwise, genetic testing must be done on the father and the child and the results are recorded in a court order.

It seems Mr. Koyama was given a default custody judgment of a child by a court in Missouri that was born out of wedlock with Trina Atwell, when paternity had not even been proven which is contrary to Missouri State Law. Furthermore, if paternity had not been established, Trina Atwell would have had sole parental rights to her daughter Emily and in moving to Costa Rica, violated no laws in the process.

To further complicate matters, Mr. Koyama made a Hague Convention application to the Costa Rican Court in August 2009. He did this three months before he obtained his default custody order from the court (that appears to be in direct violation of Missouri State Law pertaining to establishing paternity). In light of these issues, Mr. Koyama had no legal right to make a Hague Convention application at that time because paternity had not been established and a custody order had not been granted. Both of which would have had to have been completed for him to have any parental rights over the child.

I find it difficult to believe that a family court judge would have ignored Missouri Law when confronted with the task of making a life changing decisions on behalf of a minor child.
I also find it difficult to believe that given Mr. Koyama's violent history, (he has had restraining orders in both California and Missouri to keep him away from ex-partners because of aggression) the court would have made such a decision (a default custody judgment) with regard to the minor child, Emily.

It seems to me that in an effort for family courts to be seen as fair to fathers, violent men are routinely granted visitation and custody, while mothers and children trying to escape abuse are routinely kept within arm’s reach of the abuser and punished with sanctions, loss of custody and even jail if they don't comply.
Sometimes in desperation, these mothers flee the country in order to keep themselves and their children safe. In doing so, the parent who is trying to protect themselves and their children becomes the “bad guy” and the children, by default, get turned over to the abuser; all the while the abuser is made out to be the model parent.

This case as it isn't as simple as a father requesting a child to be removed from Costa Rica and returned to the US. I respectfully ask that you look at all aspects of this case before you take action on Roy Koyama's behalf.

1. Trina Atwell was never married to Roy Koyama and had sole parental rights when she moved to Costa Rica with Emily. In fact she was married to Henner Chavarria.
2. Paternity was never established by the court according to Missiouri Law.
3. Trina Atwell was never served papers advising her that a legal suit for custody had been filed on behalf of Mr. Koyama; in fact, Mr. Koyama had stated that he did not know where she was.
4. A default custody order was given to Mr. Koyama without first establishing paternity
5. A Hague convention application was acted upon without a custody order or a paternity test establishing Mr. Koyama's parental rights
6. There is a history of domestic violence from Mr. Koyama’s previous marriage and from his relationship with Trina Atwell that should have been considered.
7. According to Title 18, Section 1204 of the United States Code it is a federal crime to remove a child from the United States or retain a child outside the United States with the intent to obstruct a parent's custodial rights, or to attempt to do so. See 18 U.S.C. § 1204. This crime is punishable by up to three years in prison. The law provides a defense where the taking parent acted pursuant to a valid court order obtained under the Uniform Child Custody Jurisdiction Act, or where the taking parent was fleeing domestic violence, or where the failure to return the child resulted from circumstances beyond the taking parent's control and the taking parent made reasonable efforts to notify the left behind parent within 24 hours and returned the child as soon as possible.
www.justice.gov/criminal/ceos/ipk.html]http://www.facebook.com/l/2de04;[url=http://www.justice.gov/criminal/ceos/ipk.html]www.justice.gov/criminal/ceos/ipk.html[/url]
8. In fact, the Federal Bureau of Investigation refused to make this case a federal case and it remains a state warrant that the DA has stated only remains in place because she wishes to compel Trina to return to Missouri and settle in court there.


Thank you for your time and consideration. You can contact Trina Atwell at this email address or phone number:


Funny how this person keeps mentioning how she didn't commit a crime because she was running from a violent relationship, but the court documents and testimony contradict these facts... Trina's sister testified in open court that they were planning the kidnapping for several months before she left (hmmm, running, in fact using me then stealing).  The real facts are still this... I have two winning judgments that were granted due to the evidence I presented that discounted her allegations of "everything". This person that wrote this for Trina really doesn't know the entire story and needs to deal with her own kidnapping problems.

Ok... give up? It's the infamous: Luanne K. Bobo Uttley

She seems to be taking a big role in Trina's case now that is at the Appeal stage she wants to be part of the story, which only makes my case stronger.

[lttlmtn]

Here's the letter from Congressman Blunt:

http://images.bimedia.net/documents/blunt+letter.pdf

Good stuff if you ask me...

[Bree]

I'm bringing this over from another thread to keep this sub-forum updated:
http://bringseanhome.org/forums/index.php/topic,2782.120.html

:birthdaycake

Happy Birthday to my baby girl! Me and my boys got to sing Happy Birthday and speak to Emily today for a little while.  Her mother has sent me pictures and now has let me and the boys hear her voice.  I am very grateful that this happened today.  Very emotional stuff, but it's good stuff when I get to see my boys eyes lite up when they heard her voice.  I have a feeling good things are going to happen.


Thank you to everyone for the continued support and Thank you to Trina for making it happen today.


Roy Koyama _ LBP of Emily Alina Koyama

God is looking down on me and smiling...

[Bree]

And this birthday message from Anale:

Happy Birthday Emily!  Hope you had a wonderful day.  I am sure it was because you were able to speak with your Dad and brothers.  Hope you will be able to be with them soon so they can smother you with love and kisses.

[lttlmtn]

Approaching the holidays and still no word... I just want this to be over! I want to see my baby girl and would love it if her mother just did what needs to be done and come back to the US.  I'm not wanting to take my daughter away from her mother, but more like give my daughter everything she deserves and is rightfully hers - a loving Father and two brothers. That's what I want for Christmas.

[JmeMre]

I'm so sorry you're still going through all of this.  Are you representing yourself?

[lttlmtn]

not too sure at this point what is next since now Roy Blunt has won the Senate Elect chair, I might have more pull than ever, and his office is doing what they can to help as well as the Dept. of State and NCMEC.  I have a lot of good support and pray that this will end soon, but we're going on two years in Feb.

I will be sharing my video about this case very soon and then we'll see what happens?

[lttlmtn]

Thanks to all on BSH... it's been a really trying past few days, but as I always do -  I will never give up or give in to the stress associated with this matter. I'm blown away how the donations are coming in from everywhere around the world and in all forms. I am getting clothes, food, a new vehicle (yeah a used one, but new to me - Ford WindStar from a close friend),  a Toy Raiser, and more prayers than I could ask for.

I just want everyone to know my two young boys are very grateful for the help and asked me when they get to meet everyone that helped...  I had to tell them we'd have to travel the world to do that, so we'll make a video later thanking everyone when Emily is in our arms.  Things are pretty emotional for me, but I think that is expected since I am receiving miracles everyday now... We're just waiting for the best miracle of all, and that's justice being served up to a kidnapper that thought she could get away with a major crime, but has now opened the door for all other LBP's to follow. We're making history!

God Bless to all, and happiest of holidays...

Roy Koyama - LBP of Emily Alina Koyama

[lttlmtn]

How do I get my daughter off the Fake NCMEC site that claims she is with her mother and everyone knows exactly where they are?  If that was the case, then Emily would be home in America with the family that actually cares about her best interest and not how cool it would be to live in Costa Rica...

I copied the info they have and it makes me very upset:

The National Center for Missing and Exploited Children (USA) is currently distributing a poster for this child that claims that she is missing but "believed to be in Costa Rica". Much to our dismay, experience has taught us that the term "believed to be in" is often used as code for "is and we know exactly where"! Once again we were able to determine that a report being publicised by this Center is false.

This child has been confirmed to be living with her mother and her mother's husband in Costa Rica. Both American and Costa Rican authorities have confirmed the whereabouts of the child and conducted welfare checks.

But wait! You ask: mother's husband? Yes, well, it appears that the mother was married to a man residing in Costa Rica while she was (ahem!) making this child with the complaining father. The father admits that he permitted her to get a passport for their child to travel to Costa Rica. Now it appears, for the moment, that the mother decided to return to her legal spouse, alleging abuse by her beau, taking her infant daughter with her.

There does not appear to have been any cover-up of her location or intentions, and it appears that the exact whereabouts of this child have been known since day 1 of the alleged abduction.

We urge the parents of this child to work together, outside the criminal justice system, to ensure that she will have a normal, unpoisoned childhood. The father is advised not to become overly enamoured with the tools of criminal justice. We urge both parents as well as the mother's husband, to place their infant's needs and future before their own special interests.

In light of the peculiar facts of this case, we cannot see how the distribution of this child's personal information and photographs, together with the apparently false claim that she is "missing", could possibly serve any constructive and child-centred purpose.
 

No Documents Available.
 

Supporting Links:

   24 February 2009 Article by KY3 Springfield
   26 February 2009 Article by KOLR - KSFX Ozarks
   22 January 2010 OzarksFIRST.com Article
   25 January 2010 Article by KSPR News



I would like to throw a snowball in this person's face like the guy from "Elf"

I want to know exactly where they are, and for some reason Costa Rica doesn't even have "real" street addresses as I found this out when I attended my Hague Trial in Jan 2010 and they asked for an exact address and the reply was "it's the house down the street from the big tree that divides the neighborhood in the suburb of blah, blah, blah"

I have friends in Costa Rica so I will never bad mouth the country, just the judicial system in place... it needs a serious over haul and make-over from top to bottom.

Just my humble opinion and I would love to meet the guy that runs the fake NCMEC site when I am in shape for my first cage fight... just so I can give him a "BIG" hug

[SageDad]

The guy who runs that site, Emmanuel Lazaridis, is a modern day medical mystery.  Never before has a steaming pile of pig shit been able to, almost, successfully pass itself off as a human being.  He is himself an international child abductor. 

There's a great article (I wrote it ) about him and international child abduction here:

http://hagueabductions.com/hague-case/emmanuel-lazaridis-and-the-ideology-of-child-abduction

My son is also a featured case of "missing child fraud" there.  He likes to read the forums of BSH looking for more parents to publish on his site.

[lttlmtn]

I would like to use the internet as a forum to reveal the misguided souls that call them self, innocent... I have started a YouTube Channel that I welcome any LBP to upload a video regarding your case.  I have been locked in my little world trying to figure out where to focus my attention and God keeps putting it right in front of my face.  I have committed my life to the best interest of my children, and will still continue that quest... but I also want to do my best to help others, like all of you have helped me in my time of need.  I admire the members of BSHF for diligence, fortitude, strength, and knowledge beyond belief.  I am proud to be a part of such a great organization, but no happy how I got my membership card...

Here is the link to my YouTube Channel for everyone to follow, especially kidnappers - because you WILL be exposed for who you are!
Criminals - plain and simple

http://lbpblueprints.blogspot.com/

[forthelost]

My son is also a featured case of "missing child fraud" there.  He likes to read the forums of BSH looking for more parents to publish on his site.

Not to mention that at least one kid on the site was returned to the US in August, but is still up there, despite the fact he supposedly removes cases as soon as they come off NCMEC.

He's a piece of work, that's for sure.

[lttlmtn]

I honestly would like to meet him in person...

I have some snowballs saved up just for him!

 :hihi

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