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Author Topic: Ireland withholding  (Read 3395 times)

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Offline StrngConviction

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Ireland withholding
« on: August 14, 2011, 08:08:07 AM »
What law in the Hague convention gives me the right to know EXACTLY what the affidavit of law says? My Irish solicitor only says its in my favor without ANY elaboration and told me a court date of OCT 21st . I need to know in case ....
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Offline Bob D'Amico

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Re: Ireland withholding
« Reply #1 on: August 14, 2011, 04:30:17 PM »
The Hague Convention is a Treaty not a "law." You can review the entire treaty of 45 Articles online. http://bringseanhome.org/?page_id=498
I just quickly scanned it over again, I doubt you will find any article which stipulates your rights under the treaty.

I'm not sure exactly what an "Affidavit of Law," refers to, do you know?

If it is an Affidavit prepared directly for your case I would ask your solicitor to fax a copy to you. If he/she refuses they should explain why.
Bob D'Amico

Offline StrngConviction

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Re: Ireland withholding
« Reply #2 on: August 14, 2011, 06:39:30 PM »
They could not discern weither or not I truly had the right to say if his Mother could remove him or not. The custody papers CLEARLY state " Either party to these proceedings that intend to relocate the child subject to this Order MUST give 30 days actual prior notice before said removal takes place. "
They say" that even though the Order says she must give prior actual notice that it doesn't mean she can't remove him. "
 Unreal, even with an article 15 declaration that states that the removal was wrong and she is in violation of 2 Missouri laws according to the definition outlined in Missouri statutes that say what she did is parental kidnapping and that she has parentally  abducted Dylan as outlined in the Hague Convention.
   Since I proved to them what it meant by a judge declaring it in an article 15 ,they would not present it but said I had to have an affidavit of law stating it to be Law.
 Excuse me buy does this make sense?  They want to ignore what a Judge having jurisdiction declares to be Law and ask an attorney from the same state to declare what is without telling the attorney making the declaration what the Judge has already declared?
Really? Really? 
 Ya really.  Well they got it and my solicitor says its in my favor but refuses to send it to me to see and states that Dylan is going to NOW be talked to by a Psychiatrist and his wishes be heard and for me to show up at court OCT 21st.
first off I don't believe them for a second.  If they are refusing me access its either because its in FULLSUPPORT and wont let me know and are going another route, OR they have "something "however moot and are not telling me so I will have no defense when it comes time for court ...
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Offline StrngConviction

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Re: Ireland withholding
« Reply #3 on: August 14, 2011, 06:47:30 PM »
As far as the convention NOT being a Law,  your right, in fact its not worth the  paper it was written on.  Its a treaty that signature countries sign that are guidelines they AGREE to abide by to easier and quickly return our wrongfully removed children so they don't have to go thru this long drawn out custody battle in the wrong Jurisdiction that I AM GOING THROUGH NOW.
 Your right ... its not a law its a promise between governments to do certain things.  Like what our government gives us in the constitution.  Maybe the constitution is not a law but break my constitutional rights and see if I don't get PIS**D.
 What I meant was what Law in the States gives me the right to know what my accusors have against me so I can defend myself in a Hague Convention  court  ANYWHERE .
« Last Edit: August 14, 2011, 07:00:44 PM by StrngConviction »
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Offline StrngConviction

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Re: Ireland withholding
« Reply #4 on: August 14, 2011, 06:51:24 PM »
An affidavit of law is a declaration of law by someone(judge, attorney,  attorney general supreme justice ) ,in this case by an attorney in the state having jurisdiction , Missouri USA.
« Last Edit: August 14, 2011, 06:56:57 PM by StrngConviction »
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                May God be with ALL our children.

Offline StrngConviction

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Re: Ireland withholding
« Reply #5 on: November 17, 2011, 03:20:41 PM »
jUST AN UPDATE TO THIS THREAD ,The Affidavit was in my favor. It stated I had my rights under Missouri and federal law. It also stated she was in violation of law removing him.
Behind this smile is something only we LBP understand.
                May God be with ALL our children.