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Author Topic: Hope. And a "Call to Action" please!  (Read 14996 times)

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Offline LukieD

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Re: Hope. And a "Call to Action" please!
« Reply #30 on: March 07, 2011, 03:34:45 PM »
Here's the latest news article:

Mother in custody row must return twins to US
[2011] 05 Mar_ST

Title:       Mother in custody row must return twins to US
Source:       Straits Times
Author:       K.C. Vijayan, Law Correspondent

Legal News Archive

SHE fled to Singapore from the United States with her young twin sons in the midst of a custody battle with her ex-husband.

But the Singaporean mother has received no sympathy from a district judge.

The 45-year-old - wanted by Interpol for alleged kidnapping - has been given two weeks to return to the US with her primary school-age twins.

Once there, she faces being immediately arrested. She is also likely to lose custody of her sons.

This is because her ex-husband was granted sole custody last September, after she failed to attend the hearing.

District Judge Angelina Hing gave her until Monday to show copies of the plane tickets for the US trip to the man's lawyer, Mr Foo Say Tun.

But she did not order the children's immediate return, saying they need time to complete their school semester, say their farewells and prepare for their trip.

The judge's decision comes after the International Child Abduction Act was brought into force in Singapore on Tuesday.

Yesterday, the mother said when contacted that she and her family were 'very saddened' by the judgment.

She said: 'Don't punish the boys for what I did. That is not fair. This is not about him or me, it is about the boys.

'Whatever I did, it was for their good and I am not going to run away from whatever I have to face. I wanted to protect them and for them to be happy.'

She said her lawyer is looking into an appeal.

The couple - who cannot be named to avoid identifying the twins - married in November 1999 and the boys were born about four months later.

They moved to California in July 2004, where the marriage was annulled in March 2009.

The woman became embroiled in a court battle over the children with her husband, a banker in his 40s who is a Singapore permanent resident. In August 2009, she brought the children to Singapore without his permission.

Checks by The Straits Times found she is now on Interpol's Red Notice wanted list, after a warrant was issued in California.

Over the past 18 months she has made several legal attempts to resist sending the children - who hold Singapore and American passports - back to the US.

Her lawyers produced a report from the Health Sciences Authority at the most recent hearing showing that the twins' biological father is not the ex-husband.

But Judge Hing said the Singapore courts could not 'endorse her act of contempt of the US court order' granting sole custody of the boys to her ex-husband. She said the mother had not acted in the children's interest when she took them out of the US, and should return to resolve all issues.

'(She) is in blatant breach of US court orders. This court cannot condone her conduct and will not assist her in prolonging the proceedings here,' said Judge Hing.

In the grounds for her judgement issued on Thursday, she said the boys must be returned to Department 88 of the Los Angeles Superior Court in California by March 14.

The woman's lawyer, Mr Raymond Yeo, had urged the court to consider Singapore's ratification of the Act and apply its principles.

But Judge Hing said: 'This is precisely what is being done.'

Parliament passed the Act last September, making Singapore one of 83 countries agreeing to track down and return children taken abroad without the permission of the parent who has custody. This will ensure that custody disputes are settled by the courts in the most relevant country and help avoid protracted and expensive cross-border lawsuits.

The move was also meant as a safeguard, as more Singaporeans are marrying foreigners.

Lawyers said the case sent a clear message that parents cannot just breach a court order and run.

'I think we are likely to see more such cases coming up than before,' said family lawyer Rajan Chettiar.

Last night the police said they are in contact with US authorities about the case.

vijayan@sph.com.sg

Offline LukieD

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Re: Hope. And a "Call to Action" please!
« Reply #31 on: March 08, 2011, 02:15:47 PM »
Latest message from Andrew below. Things continue to move in a positive direction over in Singapore.

*****************

My lawyer Mr. Foo just came out of a hearing with District Judge Lim Choi Ming.  She is the same judge that gave the order for me to visit the children in December.
 
The mother's motion for a Stay of the Thursday order was denied.  She was given until 5.30PM on March 8 to produce plane tickets for the boys.
 
Mr. Foo highlighted the following:
 
1) DJ Lim said Singapore cannot unilaterally change a US court  order as it would cause a diplomatic incident (Glad DJ Lim thinks so but I doubt Clinton has time for 2 little boys after what I have been through)
2) DJ Lim said the court cannot condone continuing contempt.
3) DJ Lim commended me for following the rule of law and court procedure.  She said I showed great restraint, patience, and followed Singapore law
4) She shot down the Hague argument and said the boys would have been returned within 3 months if the Hague was in place.  She disagreed with the argument that returning the boys would be harmful and used as an example how it would be dangerous to return children to a war torn country like Bosnia but not the US
 
Let's see what happens on Wed.  But I hope to be in front of Ms. Rachel Sunden at the US Embassy on Monday Mar14 morning to get new US passports for the boys so we can leave in the afternoon.  Thanks.  Andrew.

Offline lovellboys

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Re: Hope. And a "Call to Action" please!
« Reply #32 on: March 08, 2011, 02:59:11 PM »
Pardon me for saying this - but I can't believe the stay was denied!  Isn't that unheard of?  Perhaps I'm cynical and used to hearing that appeals and stays are always granted to abductors. 

Great News!!!

Offline LukieD

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Re: Hope. And a "Call to Action" please!
« Reply #33 on: March 08, 2011, 04:28:59 PM »
Pardon me for saying this - but I can't believe the stay was denied!  Isn't that unheard of?  Perhaps I'm cynical and used to hearing that appeals and stays are always granted to abductors. 

Great News!!!

You're right -- they usually are. It's especially unheard of in a country which is not obligated to treat this as a Hague abduction case because Singapore only recently acceded to the convention and the treaty is not retroactive to existing cases. This means, essentially, that the return of the boys amounts to nothing more than judicial respect and international cooperation concerning who has jurisdiction over custody of the boys. This case has the potential to set a very good example for the rest of the world. Granted, Andrew should not have had to wait 18 months for the return of his boys. Let's hope for the best in the next week as this plays out.

Offline John

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Re: Hope. And a "Call to Action" please!
« Reply #34 on: March 08, 2011, 06:13:25 PM »
Quite confused, per the article posted by LukieD, Titled: Mother in custody row must return twins to US, Source: Straits Times, Author:       K.C. Vijayan, Law Correspondent, Mr Ko may not be the biological father.  What's up with that.  May there be some extenuating circumstances here.  Just wondering.

Offline lovellboys

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Re: Hope. And a "Call to Action" please!
« Reply #35 on: March 08, 2011, 06:21:48 PM »
Quite confused, per the article posted by LukieD, Titled: Mother in custody row must return twins to US, Source: Straits Times, Author:       K.C. Vijayan, Law Correspondent, Mr Ko may not be the biological father.  What's up with that.  May there be some extenuating circumstances here.  Just wondering.


Are you serious?  Extenuating circumstances?  I find it difficult to believe anything produced by this mother or her attorney - especially at zero hour.

Offline NoansDad

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Re: Hope. And a "Call to Action" please!
« Reply #36 on: March 08, 2011, 06:29:26 PM »
Mate, for another LBP that is such heartening news. Get your kids on a plane. You ever want to vacation in Miami you are welcome at my place!!
Noan, your Dad loves you and misses you every single day.

Offline LukieD

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Re: Hope. And a "Call to Action" please!
« Reply #37 on: March 08, 2011, 10:05:52 PM »
Quite confused, per the article posted by LukieD, Titled: Mother in custody row must return twins to US, Source: Straits Times, Author:       K.C. Vijayan, Law Correspondent, Mr Ko may not be the biological father.  What's up with that.  May there be some extenuating circumstances here.  Just wondering.

Hey John, seems you're new to BSH so welcome. If you've been following the case, you know that the mother has claimed for a while that Andrew is not the biological father. That's not new news.

Offline SageDad

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Re: Hope. And a "Call to Action" please!
« Reply #38 on: March 09, 2011, 12:53:07 AM »

Hey John, seems you're new to BSH so welcome. If you've been following the case, you know that the mother has claimed for a while that Andrew is not the biological father. That's not new news.

Shortly after my son's abduction I got an "anonymous" email telling me I was not really the father either.
“What you seek is seeking you.”
― Rumi

Offline M.Capestro

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Re: Hope. And a "Call to Action" please!
« Reply #39 on: March 09, 2011, 07:24:31 AM »
Shortly after my son's abduction I got an "anonymous" email telling me I was not really the father either.

Which is laughable in Carlos' case. Anyone whose met Carlos and seen a picture of Sage knows no one else could be Sage's daddy.


Offline M.Capestro

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Re: Hope. And a "Call to Action" please!
« Reply #40 on: March 09, 2011, 07:30:19 AM »
Praying for Andrew and his boys today -- looking forward to hearing "WHEELS UP" for the Ko's!

Offline phillyone

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Re: Hope. And a "Call to Action" please!
« Reply #41 on: March 09, 2011, 08:13:11 AM »
It should be end of the day in Singapore.. Hoping to hear the "Wheels up" with the boys from Andrew!

Offline ANALE

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Re: Hope. And a "Call to Action" please!
« Reply #42 on: March 09, 2011, 10:56:19 AM »
My thoughts and prayers are with you guys for a "Happy Landing"!!!

Offline lovellboys

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Re: Hope. And a "Call to Action" please!
« Reply #43 on: March 09, 2011, 11:04:15 AM »
wheels up wheels up wheels up wheels up............

Offline UD_student

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Re: Hope. And a "Call to Action" please!
« Reply #44 on: March 09, 2011, 03:46:09 PM »
Did I miss something? I thought LukieD's post mentioned that Andrew was planning to get the boys passports in Singapore the morning of March 14 so they can fly out that afternoon. Wouldn't that mean wheels up isn't until Monday then? I do see that the tickets were supposed to be produced by the mother by yesterday evening, but I figured those would then be for travel on the afternoon of March 14?