Awaiting News from the Dominican Republic

[rmakielski]

I am awaiting a decision from The Tribunal de Ninos, Ninas y Adolescentes de la Provincia de Santo Domingo
Hearings were held, Tuesday May 17, 2011 and Monday June 13, 2011. This Morning Thursday June 16, 2011 at 9:00 AM a 3rd hearing was scheduled. I expect to hear a ruling in regards to the return of my children. Isabel  Makielski-Rivera and Gabriel- Makielski-Rivera,  pursuant the HCCH.

Please follow me on Twitter @IGMAkielski and  Facebook http://www.facebook.com/pages/Bring-Isabel-Gabriel-Home/108839019204057#!/pages/Bring-Isabel-Gabriel-Home/108839019204057 for the latest updates.

[rmakielski]

I still have not heard any news. Thank you, Karl for the call this morning. I can only pray the judge will be making a favorable ruling shortly. The Dominican Republic has instituted Hague Law. I invite everyone to read the google translated versions
http://home.comcast.net/~igmakielski/site/?/page/The_Dominican_Central_Authority/&PHPSESSID=cd9394a4cbcdd05cf1af7990cb3e799e
http://home.comcast.net/~igmakielski/site/?/page/Procedure_for_hearing_the_application_for_refund_of__minor_illegally_transferred_to_the_Republic_/&PHPSESSID=cd9394a4cbcdd05cf1af7990cb3e799e

[rmakielski]

The Dominican judge William Encarnación Mejia did not allow the parties nor their attorneys to be present during the testimony of my daughter; only the Judge and the 2 Dominican psychologists were present during her testimony.
In an unprecedented ruling, the Judge ordered that I should not have contact with my children due to the allegations of abuse. This decision can’t be appealed because it is not a final ruling.

The Judge’s ruling is contradictory to the constitutional legal principles of territoriality and the supremacy of international treaties.  The Dom. Court has only jurisdiction to rule on the acceptance or denial my petition for international child abduction.

The Judge also ordered that I stop making posting on the web.

The Judge ordered my presence for the next hearing on June 30, 2011.

Maria Rivera's attorney, Dilia Leticia Jorge Mera, wrote  in her December 2009 blog:
"... a los Estados signatarios del Convenio de La Haya, incluyendo nuestro país. Es importante entender el alcance y el compromiso para la correcta aplicación de ese Convenio.  No se trata de juzgar una guarda o un derecho de visita. Judging is not a guard or access rights. El Convenio analiza si ha habido un traslado o una retención ilícita y el Estado Parte, a través de las autoridades competentes, debe ordenar el retorno de ese niño o niña a su país de residencia habitual.  Se trata de respetar los ordenamientos jurídicos de los Estados contratantes y confiar en que se aplicará una sana justicia en beneficio de ese niño o niña, en su país de residencia habitual."
translated:
"… the signatories of the Hague Convention, including our country. It is important to understand the scope and commitment to proper implementation of this Convention. The Convention considers whether there has been a wrongful removal or retention and the State party, through the competent authorities shall order the return of that child to their country of habitual residence.  It's about respecting the laws of the Contracting States and hope that justice will apply a healthy benefit of that child in their country of habitual residence."

[sue]

So all a woman has to do is say she or her children were abused and that's it?  A mother can get her child to say anything, this is just terrible.  It sure wouldn't work if it were the man claiming abuse.

[rmakielski]

I soke with OCI and provided all the details. I requested that this case be escalated to Amb. Susan Jacobs.

[LukieD]

I soke with OCI and provided all the details. I requested that this case be escalated to Amb. Susan Jacobs.

What did they say in response to that request, just out of curiosity?

[rmakielski]

What did they say in response to that request, just out of curiosity?

My Case Officer has been temporarily reassigned. The person I spoke with said they would discus this with their supervisor. Ambassador Jacobs needs to have a  a proactive strategy to prevent a violation of the Hague treaty. Also there should be a list on named judges and administrators per country that have made decisions in violation of the Hague. These people then would not be recognized as a "competent authority" by the US.

[rmakielski]

Yesterday evening, I received an email from the state department explaining the reason for the Judge's ruling

My reply:
"This is a Hague matter dealing with an abduction, which a crime in the United States. It is not  family or domestic matter. Culpeper Virginia courts have jurisdiction over custody and visitation not the DR. By diening me access to my children the DR judge has stepped outside his jurisdiction and overruled existing courts orders. The DR judge's ruling on custody and visitation is a violation of the Article 16.
Please escalate my case to Ambassador Jacobs."

[JamesJosephs]

What did they say in response to that request, just out of curiosity?

Also there should be a list on named judges and administrators per country that have made decisions in violation of the Hague. These people then would not be recognized as a "competent authority" by the US.

I completely agree with this.

[StrngConviction]

Screw all that in my case . My son is almost 14 now and his mother has brainwashed him . If the irish high  court doesnt send him home the first round i will file criminal charges and make this a country vs country issue and get it out of civil court .
It is so insane all these cases of criminal conduct going on and our state dept not demanding theae peopke be handed over . Its a federal offence to internationally abduct and we should not allow our children to be abused mentally and neglected physically and educationally for years . Grrrrr and than when the FBI and state dept doesnt do anything i will hold them Personally responsible . And that isnt a threat . Even he sheriff cant believe i told him to not press charges but is refraining till i say that hague is done and didnt return him . The Sheriff even asked for specific dates , .....this is just bs

[rmakielski]

The case was re-scheduled for today  July 26, 2011, in order to grant me a 5 day period to submit original official and translated documents in response to the allegations of child abuse.
The Dominican Judge ordered my physical presence in the D.R. court, regardless of arguments based on
(a) The Hague Treaty of Child Abduction.
(b) Supremacy Constitutional Clause and Legal Principle of International Treaties over Dominican Republic laws.
(c) Constitutional Clause and Laws about territorially and lack of jurisdiction of Dominican Republic Judges for facts the occurred outside the DR territory.
(d) My safety and security due to threats posted by parties related to Maria Rivera
(e) My availability via online video conference.
Today official Apostilled documents where submitted to the court showing that Maria Rivera allegations of abuse are lies.
These documents include:

• Virginia Divorce
• Criminal Conviction and Sex offender Record search (I have no criminal record nor have ever been arrested)
• Denied and dissolved protective orders (Maria Rivera made several requests)
• CPS unfounded complaint letter

In light of the latest WikiLeaks latest revelation of corruption in the DR legal system
http://www.dr1.com/news.php#1   I only can pray the judge will make a lawful and just decision 

[Diane]

Joining you in your prayer for a fair decision.   Are you able to be in court today?   There has to be a decent and compassionate, judge somewhere a midst, so much corruption.  For the sake of you and your beautiful children,  I hope you have one today.

[rmakielski]

Due to the seriousness of the threats from the DR, I am not traveling to this hearing. I am available via Skype. However the judge has refused to allow me to attend via video or phone conference. He als has prohibited anyone from the US embassy attending.

[SageDad]

The case was re-scheduled for today  July 26, 2011, in order to grant me a 5 day period to submit original official and translated documents in response to the allegations of child abuse.
The Dominican Judge ordered my physical presence in the D.R. court, regardless of arguments based on
(a) The Hague Treaty of Child Abduction.
(b) Supremacy Constitutional Clause and Legal Principle of International Treaties over Dominican Republic laws.
(c) Constitutional Clause and Laws about territorially and lack of jurisdiction of Dominican Republic Judges for facts the occurred outside the DR territory.
(d) My safety and security due to threats posted by parties related to Maria Rivera
(e) My availability via online video conference.
Today official Apostilled documents where submitted to the court showing that Maria Rivera allegations of abuse are lies.
These documents include:

• Virginia Divorce
• Criminal Conviction and Sex offender Record search (I have no criminal record nor have ever been arrested)
• Denied and dissolved protective orders (Maria Rivera made several requests)
• CPS unfounded complaint letter

In light of the latest WikiLeaks latest revelation of corruption in the DR legal system
http://www.dr1.com/news.php#1   I only can pray the judge will make a lawful and just decision  

I always recommend parents attend the Hague hearings if they are able to even when the judge is not demanding it.

It's hard enough for judges to make favorable decisions for completely unknown foreign fathers when there aren't accusations of child abuse by the mother.  By appearing in court you show the judge that you are a human being and not some foreign abstract "other."  It also helps to show that you are personally interested in the case.

I hope the hearing today goes well, but I think if the judge demanded you appear and you did not he may decide to postpone it until you appear or interpret your lack of appearance as disinterest and/or abandoning the case.  I don't think a,b and c really support you not appearing at the hearing.  The Hague Abduction Convention doesn't say anything directly about the LBP never needing to appear in court.  I'm not sure what you mean by the Supremacy Clause, but if you mean the one in the US Constitution, it has no relevance in DR and it's up to the DR to decide whether or not the international treaties it signs are the supreme law of the land there (in the US no international treaty can contradict the US Constitution -- Mexico is the same.)  Hague cases also routinely involve foreign courts making factual determinations about events that happened in foreign countries.

[dmdaven2]

Real Talk, I totally agree with Carlos...Attend the hearing, or consider your chances of winning greatly diminished...