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Author Topic: Rejected Embassy Visitation  (Read 8297 times)

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Offline Trevor Richardson

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Rejected Embassy Visitation
« on: April 19, 2011, 12:50:20 AM »
I found out from the US Embassy that my ex-wife is allowed to deny the US State Dept. the opportunity tto perform a Health and Whereabouts report.  I couldnt believe it! 

I guess the State Dept. will not press the issue, so as of now I have no ability to see or know how my son is doing.  Has anyone else experienced this and if so, what did you do to force the performance of a H&W report by the State Department?  Thanks for any advice.
Trevor A. Richardson

Offline ananddad

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Re: Rejected Embassy Visitation
« Reply #1 on: April 19, 2011, 06:09:01 AM »
Unfortunately, there is not much you can do. Embassy's ability to conduct a welfare visit is entirely dependent on the abductor's whims. Even if she permits a visit, she may refuse to permit them to take pictures of your child.
"In the end, everything will be okay. If it's not okay, then you have not reached the end." -- Unknown.

Offline SageDad

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Re: Rejected Embassy Visitation
« Reply #2 on: April 19, 2011, 10:27:56 AM »
If you have reason to believe that your son may be in danger you can push the US Embassy to escalate this through DIF (Mexican Child and Family Services) and have them do their own welfare check and report the results back to the US Embassy.

Beyond that I would ask to have the US Embassy and/or State Dept. provide you with a formal written notice that your ex has refused to allow the W&W on official letterhead and submit that to the court directly or, even better, have State submit it directly to the Mexican Central Authority to have them send it to the court currently handling your case.

Sadly, I would not be the least bit surprised if both the US Embassy and the State Dept would refuse you this very simple request (which very well could help your case.)  If, or when, they do that I would escalate the request through your Senators and Congressman.
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Offline Trevor Richardson

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Re: Rejected Embassy Visitation
« Reply #3 on: April 19, 2011, 08:41:56 PM »
Thanks for the advice.  Those are also good ideas! 

I will request a letter from the SD stating that the my ex-wife refused an H & W report and submit this to the MCA so that they can submit it to the family court, not to mention the family court in the US. 
Trevor A. Richardson

Offline LukieD

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Re: Rejected Embassy Visitation
« Reply #4 on: April 19, 2011, 09:26:40 PM »
I found out from the US Embassy that my ex-wife is allowed to deny the US State Dept. the opportunity tto perform a Health and Whereabouts report.  I couldnt believe it! 

I guess the State Dept. will not press the issue, so as of now I have no ability to see or know how my son is doing.  Has anyone else experienced this and if so, what did you do to force the performance of a H&W report by the State Department?  Thanks for any advice.

I just spoke to Kelvin Birotte, whose case is in our forum, and he informed me that his ex-wife also denied his request for a W&W check.

Offline OnceUponATime

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Re: Rejected Embassy Visitation
« Reply #5 on: May 06, 2011, 07:54:35 PM »
I am so sorry...but not surprised...the Embassies or State Department all drink from the same Kool Aid. This last summer we came to find out the US Consulate was actually coaching my daughter's mother how to keep my daughter away from me! My daughter was abducted in November 2008. They have a 6-inch file on my case and knew who they were dealing with. It was not until I was in the Mexican prison when they finally realized how dangerous she is...as if all the facts presented to them regarding the abduction of my daughter were not enough. Yet the advice they gave to her when they wanted to do a welfare and whereabouts check on my daughter indirectly led to the series of events which in turn led to my stay in a Mexican prison. This is pouring salt on an already open wound...when this situation first unfolded in 2008, our local district attorney refused to get involved. She is a well known feminist who literally told me that any child under the age of 5 is better off with their mother no matter what the circumstances are...and so it goes. This is the lunacy I expected in Mexico not the United States..yet the reverse is happening with my case. Can you imagine the red tape I would have on my hands if I did file a Hague petition??? 

We had everything in place to peacefully end this 2+ year nightmare. My daughter's mother lost all her Amparo's...the judges were quickly growing tired of her act. She is on court record admitting to the abduction...she even lost a very important Amparo in the Supreme Court...they refused to even preside over it citing the grounds were completely pointless and to give me my daughter effective immediately. Rather than comply, I was ambushed by my daughter's mother. The Mexican police did nothing to investigate a situation that would have taken 2-minutes to figure out she was lying yet again. After a 6-hour joy ride handcuffed to the back of a police pick up truck, it would be 30-hours more before I even talked to another human being. Over the last 9-months we have completely obliterated the character of my daughter's mother and all who helped her try and pull off her completely ridiculous story. That's not hard to do when they all cannot get their stories straight to the judge presiding over the case. The case was eventually dropped. However the fight for my daughter continues...but no help from our own government.

I have been absolutely blessed with amazing attorneys in Mexico. That can easily be a battle in and of itself. If anyone is in a similar situation, reach out to me and I will provide you with their contact information. They do not advertise...they work solely on a referral basis. We have won every court battle since this situation started...my battle is more on the home front in the United States rather than in Mexico. I love my country...no question we are the greatest nation on the planet even with our faults. At the same time I have been absolutely disgusted at the lack of cooperation our own government lends to it's own citizens in cases like this...local, state and federal...it's a joke what Mr. Goldman has had to endure and what other parents like us have to go through. Why is playing this political game with countries who put such a low value on kids lives more important than protecting our own citizens??? Isn't there an option to the Hague Convention??? Why isn't another option to the Hague available???

God Bless the Goldman's, especially David for his persistence with the Hague Convention during his quest to bring Sean home. Mr. Goldman is truly an inspiration to me but I cannot help but wonder how much time he could have saved by going another route. Looking forward to his book release and media tour.

Offline New2HagueLaw

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Re: Rejected Embassy Visitation
« Reply #6 on: May 09, 2011, 07:58:45 PM »
I have been absolutely blessed with amazing attorneys in Mexico. That can easily be a battle in and of itself.

Can you recommend someone in Hermosillo, Sonora or somewhere close?
"I am not anxious to be the loudest voice or the most popular.  But I would like to think that at a crucial moment, I was an effective voice of the voiceless, an effective hope of the hopeless."
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Offline OnceUponATime

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Re: Rejected Embassy Visitation
« Reply #7 on: May 09, 2011, 08:23:11 PM »
Thank you for the update. I am telling all of you that if you are not turning over every stone possible...you need to...I am not kidding. You owe it to your kids. I just returned from Mexico from an amazing day in court (civil). We knew going in that this was going to be a bad day for my daughter's mother (the abducting parent). It was a great day because of all the stones we have been over turning these last 2-years. Everything is coming to a head, which is exactly what we want and planned for. May 31st is the next big day...please keep your fingers crossed for us. One thing I have noticed throughout all these threads, is that we all have specific things in common; it does not even matter what country our children were abducted to. Those of you who are relying on the Hague to bring your child back...ask yourself this, "is this the only option you are pursuing?" If it's yes, you are in for a very long road ahead of you. I think the statistics speak for themselves as to why. As LBP's, we have to keep an eye of strategy just as much as tactics...maybe even more so on strategy because it could change. The objective does not change.

Can we all agree that the point of all of this is to be reunited with our kids? If your goal is to bring the parent who abducted your child to justice you are going to be very disappointed. Very rarely do they see justice. Yes, we all know it's a civil rights issue and most can agree that it is a form of child abuse. The flip side is that there is still this stigma that kids under a certain age should be with their mothers - regardless of the circumstance (unless drugs, prostitution or violent crime are involved). That stigma is what we fight against as LBP's...especially being father's. I saw this first hand with the feminist San Diego DA (Jill Lynberg is her name if anyone has had the pleasure)...she flat out told me that my "daughter is better off with her mother because she was 2 1/2 when her abduction took place...the circumstances do not matter". Granted, other law enforcement agencies saw it differently when presented with all the evidence. So, the Hague is just one tactic and WHEN you pursue other avenues, it will certainly offer you and your child a layer of protection as time goes on. The avenues you all went down to get this far, keep that up. It will help eventually...just do not make it your only avenue. I see this is the biggest mistake LBP's make...they rely too much on government to help. This onus is on us as parents to make this happen. That is what David Goldman did so well. He was relentless and that paid off.

Remember, the main objective is to be reunited with your child. You will find a much quicker route to your kids in civil court in both countries...the US and where your kids are at now. In the US you want to find an attorney who knows the family court system very well and has some knowledge of how to work in the country where you child is. To find the right attorney in the country where your child is, check the list of attorney's provided by the appropriate consulate. They screen the attorney's on that list very heavily and they tend to have the interests of the US in mind. Those also tend to be the best of the best attorneys in their respective cities. If you are fortunate enough to know where your child is, civil court can pin the abducting parent down to a geographical area...threatening to take their paternal rights away if they run again. Civil court will also give you access to your child...this is invaluable in building the parent/child bond after not being together for sometime. I am not going to lie, this is gut wrenching because you have to hold the ego and pride back to accomplish this...for your child. You realize quickly that the bond with your child was never gone. They know you are fighting for them!

Before all that, unless your child is legally a dual-citizen, you can actually have them deported out of the country they have been abducted to. The bottom line is not leaving ANY stone unturned...you just don't know which one will be the big breakthrough for you. The Hague alone will not help you. I don't care what Kool Aid the State Department and National Center for Missing and Exploited Children are selling you. I have talked to too many LBP's to think otherwise. In fact there are people in the State Department who actually do not drink the Hague Kool Aid...they are few and far between but there none the less. The NCMEC is a mere shell of itself after John Walsh relinquished control. Ernie Allen runs it now and he has no interest in helping kids. He get's paid $1.5 million a year to glad hand Senators to make sure 90+% of the $40 million in funding continues to come in thanks to us...the taxpayer. They are a non-profit...all their tax returns are public knowledge. Team HOPE is even worse. Ask your Team HOPE contact how they got their child back? Or even if they got their child back? Not one that I met used the Hague to get their child back...not even my direct contact.

I am sorry this is so long. I am very passionate about the subject and if there is anything I can do for fellow LBP's I am all in.

Offline forthelost

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« Last Edit: May 09, 2011, 09:58:43 PM by forthelost »

Offline SageDad

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Re: Rejected Embassy Visitation
« Reply #9 on: May 09, 2011, 11:42:36 PM »
Heh. Team HOPE never returned my phone calls...  I don't think Hispanic males are a demographic that they serve.

Feminist DA's in CA?  They're pretty much everywhere now.  Chivalry for the poor innocent and oppressed women and mothers against the raping men and child molesting fathers is pretty well institutionalized.  My understanding is that feminists have proven that all the war, death, violence and suffering throughout human history was the fault of men so I guess it makes sense.  Hillary Clinton has a great quote about how "women are the primary victims of war..." because actually being drafted and forced to fight and die in war is actually male privilege or at least better than being forced to stay home.  Besides, men love to play war.. Police are trained to arrest the "primary aggressor" in domestic disputes where both parties are violent and are trained to recognize the "primary aggressor" by picking the one that's male.

The narrative of abduction cases is always very different depending on the sex of the abductor.  If you're the father you're guilty until proven innocent whether you're the abductor or the left behind parent.  Equality for feminists means having an equal (or greater) number of women in Congress not an equal number of female trash collectors or equal number of custodial fathers.  It means letting girls into the Boy Scouts and on the football team but not allowing boys into the girl scouts or on the women's volleyball team.  If that doesn't make sense to you it's just because logic and reason are tools of the patriarchy that were designed to oppress women.  If you stop trying to think rationally and objectively and start being subjective and listening to your feelings you'll see it all makes sense.  If you're thinking it still doesn't make sense it's because you're blinded by male privilege and are a misogynist.  :p

By the way, what happens on May 31? 
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Offline Trevor Richardson

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Re: Rejected Embassy Visitation
« Reply #10 on: May 17, 2011, 12:39:54 AM »
I will keep pressing the issue and I will ask for a H&W report every 6 months.  The State Department is required by law to provide these reports and unfortunately there is a loophole presently that TP are using.
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Offline Trevor Richardson

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Re: Rejected Embassy Visitation
« Reply #11 on: August 25, 2011, 12:10:21 AM »
Great news! My ex-wife allowed a Health and Whereabouts Visit to take place this month.  Andrew is doing OK and was extactic to get my letter which the interviewers read to him in Spanish. She did not, however, allow them to take pictures so I don't know how he's grown since I last saw him...
Trevor A. Richardson

Offline SageDad

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Re: Rejected Embassy Visitation
« Reply #12 on: August 25, 2011, 12:32:46 AM »
Great news! My ex-wife allowed a Health and Whereabouts Visit to take place this month.  Andrew is doing OK and was extactic to get my letter which the interviewers read to him in Spanish. She did not, however, allow them to take pictures so I don't know how he's grown since I last saw him...

I'm happy that your son is doing ok and that he got to hear your letter.  How old is he now?

Not allowing pictures is just petty and cruel...

You might try asking the local family court with jurisdiction over your son in Mexico to order your wife to present current pictures of your son in order for you and your family to see him yourselves.  The Hague Convention can also be used for visitation and contact as well as the UN Convention on the Rights of the Child which plays a very prominent role in Mexico law related to children.

“What you seek is seeking you.”
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Re: Rejected Embassy Visitation
« Reply #14 on: March 03, 2022, 04:39:27 AM »
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