Hague Convention + Mexico + US State Dept = FAIL

[SageDad]

This thread is dedicated to the many ways that the US State Dept fails its mandate to support Left Behind Parents as the US Central Authority on the Hague Abduction Convention.

[SageDad]

I've spent a long time studying the Hague Convention especially how it applies in Mexico.  I've probably read every thesis and piece of jurisprudence published by any Mexican court since the Convention was signed in Mexico some 15 years ago (there's actually very little considering the number of cases and amount of time it's been in effect there).  There is one particular piece of jurisprudence that I have never really understood.  In broad terms it says that accrediting defenses to Hague returns can be determined in federal courts or local courts per the wishes of the “actor”.  The primary cause for me not understanding this is I’ve never been sure who the “actor” was.  I recently read a study on the Hague Convention as it applies to Mexico that was published by one of the larger law schools there.  In this paper they replaced the word “actor” with “demandante” which is much clearer to me.  I am the demandante.  It is the petitioner/applicant/LBP that gets to chose whether these cases are heard in local or federal courts.  This decision has to be made at the time the Hague application is filed.  I can think of very few reasons that someone would want to litigate in family courts and lots of good reasons not to, but does the State Dept tell you to think about this or that you have this option when you file the Hague application?  Absolutely not, even though this jurisprudence has existed since 1994 giving every LBP the option of choosing to fight their cases directly in federal courts where they get better judges and allow fewer appeals.  The result of this failure to properly advise LBP's is that virtually every Hague case in Mexico is heard in local family courts by inept and often-times corrupt and/or biased family judges from the abductor's home town.

[tweinstein]

It would make no sense to fight in the local or state courts as the Hague Convention is a federal treaty. It would be interesting to know why David spent 4 years fighting before filing at the federal level.

[dmdaven2]

It would make no sense to fight in the local or state courts as the Hague Convention is a federal treaty. It would be interesting to know why David spent 4 years fighting before filing at the federal level.

 
It goes to local and family should the abductor file or start any other custody hearings prior to filing the Hague. This happened to David, hence his petition was stuck in lower level courts.

[Sashia]

This thread is a fantastic idea Carlos!!!!:cheer::yeahthat:
I've read some unbelievable transgretions committed by the State Dept, in some of your posts. In my line of work, it's my job FIRST to outline Where, When, and How the Failure occured in exact details. THIS is the ONLY way to correct the problems. There is no need for any committees to do, enact or review procedures or policy UNLESS, it is first determined WHAT THE %ell went wrong!!!! In the event SOMEONE takes the suggestions made here that the State Dept,  can't seem to fight it's way out of a wet paper bag and needs an overhaul, then they'll need a starting point, and IF they have 2 brain cells left to think with, they'd want to know from the VERY people who have run into the brick wall.

[Bob D'Amico]

It would make no sense to fight in the local or state courts as the Hague Convention is a federal treaty. It would be interesting to know why David spent 4 years fighting before filing at the federal level.

That statement is totally wrong.

[tweinstein]

That statement is totally wrong.

Bob,
Now that I know I'm wrong, please clarify the facts. Why wasn't David in front of a federal judge from the beginning? If he was, what happened? As far as I know, all of the rulings before Judge Pinto were from state/local level judges.

[SageDad]

HAHAHAHAHA!!!!


My lawyer knows most of the Mexican Central Authority personally and his heard me rant on end about the ineptitude of the OCI.  I just got the following email from the primary contact at the Mexican Central Authority:

==================================
Mr. Bermudez,

 

Today I received a visit from your lawyer, Mr. XXXXX, in order to talk about the developments of your case and request some information about the amparo trials.

Mr. XXXX mentioned you are disappointed with support provided for the Office of Children’s Issues/Department of State, because they did not provide you enough information about your case in Mexico and/or information was provided late.

Since other parents have had similar complaints, our office wants to pose this problem to the aforementioned authority.

Could you provide me more information about delays or lack or information that affected your case?

 

Thank you very much.


===================================

They certainly picked the right person to ask if they are looking for criticisms of the OCI...  I'm about to start working on a short novel of the criticisms I and others have had for the OCI to provide to the Mexican Central Authority.  If there's anything anyone would like me to add that you think I might not already include shoot me a PM and I'll get it in there.  Perhaps the OCI will take these criticisms more seriously when they are coming from another countries office of foreign affairs.  The Central Authority of Mexico actually works very hard w/ limited resources to assist parents in these cases.  A very huge part of the problem in Mexico has nothing to do with Mexico and everything to do with the piss poor support of the OCI and I'm going to make sure the MCA knows it

[sue]

Oh boy!  I can't wait to read the response!

[tweinstein]

Make sure that they understand that the problem is not exclusive to Mexico. I'm just about flying blind with my case in Brazil.

[Sashia]

Make sure that they understand that the problem is not exclusive to Mexico. I'm just about flying blind with my case in Brazil.

What luck, you must have the 'fish eye".

[ananddad]

They certainly picked the right person to ask if they are looking for criticisms of the OCI... I'm about to start working on a short novel of the criticisms I and others have had for the OCI to provide to the Mexican Central Authority. If there's anything anyone would like me to add that you think I might not already include shoot me a PM and I'll get it in there. Perhaps the OCI will take these criticisms more seriously when they are coming from another countries office of foreign affairs. The Central Authority of Mexico actually works very hard w/ limited resources to assist parents in these cases. A very huge part of the problem in Mexico has nothing to do with Mexico and everything to do with the piss poor support of the OCI and I'm going to make sure the MCA knows it

Oh dear....are they in for a rude awakening or what? See if your lawyer can arrange to get their communication (to OCI) published in Mexican media outlets? I am guessing Mexican media would lap up any news that portrays US in bad light...am I correct?

[dmdaven2]

Niiiiiiiice

[OnceUponATime]

AMY WICKENHEISER! SHE IS THE BIG PROBLEM WITH THE OCI! Get rid of her, Michelle Bernier-Toth and Janice Jacobs...and then we may be able to see progress!

[wicasa]

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