December 11, 2012 the Culpeper Circuit Court awarded me sole physical and legal custody of my children. Additionally the court found that I did not abuse my children and they had been abducted by their mother. The wrongful removal of the children does not give the Dominican Republic Court a basis to find that the children are settled in your country. Court did not find a risk of grave harm to the children if they are returned to Virginia. The Mother had the protection of the Virginia Court. She should have come to the Court for assistance as opposed to fleeing.
During the hearing the Abducting parent chose not to be present (even by Skype or telephone). There was not one witness or shred of evidence presented that my children were abused. Even from Luz Marina Cortazar (Instituto De La Familia in Santo Domingo) could not testify to any abuse. Yet her testimony was used as a basis to deny the return of my children (13b) in the Hague case.
Opposing counsel refused to sign the order and they filed a motion for reconsideration. After filing a motion to have the order entered, the judge entered the order on Feb 27, 2013. Additionally the Judge denied the motion for reconsideration. The time has elapsed for an appeal. Now the order is res judicata.
