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Bring Sean Home Foundation => International Abduction Cases => Warren => Topic started by: StrngConviction on May 24, 2011, 12:26:47 AM

Title: Article 15, Why Doesnt USA demand children returned when a LBT presents one?
Post by: StrngConviction on May 24, 2011, 12:26:47 AM
I have spent literally 10s of thousands of dollars arguing this and  proving everything that my sons Mother is relying on in an Ireland Court are all half truths or contrived statements or happenings that she presents them as evidence for her reasons for the removal of our Son from the USA.
 When all is said and done the Dept. Of State and my Irish Solicitor both say the thing I need to do to get Dylan returned
so I can enjoy my rights of custody is to get an article 15 stating the removal was wrong by a state having jurisdiction. 
   Well not only did I provide the article 15 that he was wrongfully removed due to court orders in effect at the time of removal but also how Missouri was the court having jurisdiction of the habitual resident  state(USA)   and how the JCCEA Legally defined it to be so. 
Also in the affidavit to the high court were the judges order to make Dylan available to the court, that I had custody rights, and were enjoying my rights of custody at the time he was removed.
 My question is why isn't there a Hague law or something that gives the USA power to make Ireland return my child with a US of America Judge Ordering this under the Hague guidelines? 
         And this is a Judge in Webster county Missouri.  The last place Dylan lived(and seen) for over 9 months consecutively before the wrongful removal making this his home state and habitual residence.
Title: Re: Article 15, Why Doesnt USA demand children returned when a LBT presents one
Post by: StrngConviction on May 24, 2011, 08:38:54 AM
I meant CCJEA. The Child Custody Jurisdiction Enforcement Act,  not JCCEA.
Title: Re: Article 15, Why Doesnt USA demand children returned when a LBT presents one?
Post by: rmakielski on May 25, 2011, 09:53:26 AM
Quote
My question is why isn't there a Hague law or something that gives the USA power to make Ireland return my child with a US of America Judge Ordering this under the Hague guidelines?

I have a custody order stating that the US is the habitual residence, travel to the Dominican Republic cannot exceed 2 weeks, and All travel outside the US required written authorization of both parents. This did it prevent the abduction of my two children. There are two hearings coming up in the Dominican Republic allowing the mother to produce additional documentation (the Dominican Court has all US court orders before it). This is nothing but a strategy for delay and an attempt to get the Dominican Judge to determine custody.

Ask the State Department to request a statement of the reasons for the delay.

"Article 11
The judicial or administrative authorities of Contracting States shall act expeditiously in proceedings for the return of children.
If the judicial or administrative authority concerned has not reached a decision within six weeks from the date of commencement of the proceedings, the applicant or the Central Authority of the requested State, on its own initiative or if asked by the Central Authority of the requesting State, shall have the right to request a statement of the reasons for the delay. If a reply is received by the Central Authority of the requested State, that Authority shall transmit the reply to the Central Authority of the requesting State, or to the applicant, as the case may be."
Title: Re: Article 15, Why Doesnt USA demand children returned when a LBT presents one?
Post by: Jara on May 28, 2011, 01:54:30 AM
Article 15 of the Hague or Decloration?  Two different things.  Would be curious, I posted about Article 15 Decloration back in January.
Title: Re: Article 15, Why Doesnt USA demand children returned when a LBT presents one
Post by: StrngConviction on May 29, 2011, 08:32:49 AM
Article 15 of the Hague or Decloration?  Two different things.  Would be curious, I posted about Article 15 Decloration back in January.
article 15.  I had my attorney ask the judge to write and make an order as outlined by the article 15 of the Hague Convention,  and the judge made an order to make Dylan available to the court and it stated that I DID HAVE CUSTODY RIGHTS AT THE TIME OF REMOVAL AND WAS ENJOYING THEM RIGHTS BEFORE AND DURING THE WRONGFUL REMOVAL AND RETENTION.
I will find a way to post ALL documentation. The judge said under state and federal law and as outlined by the Hague convention, the removal was wrong.
Title: Re: Article 15, Why Doesnt USA demand children returned when a LBT presents one
Post by: StrngConviction on May 29, 2011, 08:56:20 AM
And the Judge was VERY CLEAR how the CCJEA made the Webster County of Missouri the court having Juristiction and wanting Dylan made available tobe at this custody hearing on her questionavly attained custody that ripped me from my SOUL custody without process of service.