Federal Arrest Warrant for all Parental Kidnappers

[jguardad]

First of all I am ecstatic that Sean and David finally reunited. This is a victory for all of us, left behind parents all over this country and the world.

But the battle is not over.

My daughter was kidnapped more than 20 years ago and a only a year ago I was able to establish contact with her through the Internet. I have not been able to see her due to the brainwashing she has been subject to. Maybe time will help but I am not sure at this point.

Her mother, who perpetrated the kidnapping with her parents help in Miami, Florida, is now enjoying her impunity in Spain, regardless of the arrest warrant pending for her in the United States issued by the State of Florida.

I have been pursuing a Federal Arrest warrant for her, now that I know her whereabouts, but the Department of Justice has not responded. I have engaged the office of Chris Smith to help me on this one as well.

I think it is extremely important that we all join together to make sure that every kidnapper of an American child is issued a Federal Arrest Warrant. With this in hand, they will make it to the list of Interpol at any airport they go through and can be brought to the US. This is particularly important because many countries will not extradite their own nationals, however if the kidnapper is out of their own country, they are in a much more exposed situation than in their own country.

I am pursuing this as an important deterrent for future kidnappers. If they know that they will be followed to the gates of hell, they will think twice before committing such an atrocious crime and human rights violation.

Comments??

[msteed]

I agree -- these monsters should be forced to pay the penalty for their crime.  In the Goldman case, Joao Paulo Lins e Silva should also serve prison time for aiding in the kidnapping that his deceased biggamist wife now can't be held accountable for.

[jguardad]

I agree -- these monsters should be forced to pay the penalty for their crime.  In the Goldman case, Joao Paulo Lins e Silva should also serve prison time for aiding in the kidnapping that his deceased biggamist wife now can't be held accountable for.

I totally agree. Let's face it: IMPUNITY ENCOURAGES CRIMINALS!
We will not stop this epidemic until the punishment is so harsh that they will not even think about trying it.
When the potential perpetrators start seeing kidnappers trapped at airports all over the world and brought to justice the picture will be totally different...

[tweinstein]

What about countries like Brazil (and many others) whose constitution prohibits the extradition of its nationals to face criminal charges in another country? I have never pushed for criminal charges against my wife (and I have no intention to) because of my belief that it would prejudice my petition for the return of my two children under the Hague Convention. Read the following article I wrote for more about my thoughts on this:

http://bringseanhome.org/wordpress/?page_id=72

[abbysomething]

I think that is a brilliant idea. It should have become policy a long time ago.
Our government needs to consider, not just what a despicable act child abduction is, but how long even one day is to a parent and child yanked from each other's life.
 
Children cannot afford red tape when they are told to forget someone they love and need and being a parent doesn't give carte blanche to be so selfish.
Look at me I am already on my soapbox because I want to help in this fight, "jguardad is here to recruit you!"  Sign me up.

[Genenut]

I agree -- these monsters should be forced to pay the penalty for their crime.  In the Goldman case, Joao Paulo Lins e Silva should also serve prison time for aiding in the kidnapping that his deceased biggamist wife now can't be held accountable for.

Actually a more fitting result would be to have Joao Paulo Lins e Silva disbarred. He committed offenses in Brazil that would result with disbarrment here in the US. Disbarring him will prevent him from working in his profession and it would probably make him a black sheep in their social circles. It would take away his identity which is a far better punishment.

Granny is already being punished. Things arent going to go well for her for a long time. She needed sean in a sick perverted way that only a self centered , mentally unbalanced person can and now she doesnt have him. She has spent $$$ on this and lost. Now she doesnt have Bruna or Sean and with Seans leaving Joao Paulo Lins e Silva has no reason to continue to associate with her and many more reasons to sever that connection as we can see by how he wasn't visible during the last couple of weeks. Life is going to finally be hell for her. That is punishment enough at the moment.

As to other cases it depends. A federal arrest warrant may actually hinder things such as a voluntary return which at least one parent here has had happen. It depends on the case.

[jguardad]

What about countries like Brazil (and many others) whose constitution prohibits the extradition of its nationals to face criminal charges in another country? I have never pushed for criminal charges against my wife (and I have no intention to) because of my belief that it would prejudice my petition for the return of my two children under the Hague Convention. Read the following article I wrote for more about my thoughts on this:

http://bringseanhome.org/wordpress/?page_id=72

Timothy: you don't have to get it if you feel it would hurt your case. Personally I think we should fight to make it part of the Hague Convention that the criminal prosecution aspects are kept separate from the return of the child. By mudding the water we are only encouraging more crimes to be perpetrated. In any case it has been 3 years in your case and in spite of the fact that there is no Federal Arrest Warrant you haven't been able to enforce the Hague Convention anyway...

Again, if there is no deterrence we will see more cases each year. I think international parental abductions are growing at an alarming rate of 60% per year according to the latest statistics. WE MUST STOP IT NOW!

One possible solution to your dilemma is to have the Federals agree to drop the charges if the child is returned within the Hague Convention treaty. By doing so you strip the perpetrator's country of the argument of not returning the child because of the Federal Charges. Personally I think this is a lot of BS on the part of the countries which grab any reason possible to protect their own criminals...

[jguardad]

I think that is a brilliant idea. It should have become policy a long time ago.
Our government needs to consider, not just what a despicable act child abduction is, but how long even one day is to a parent and child yanked from each other's life.
 
Children cannot afford red tape when they are told to forget someone they love and need and being a parent doesn't give carte blanche to be so selfish.
Look at me I am already on my soapbox because I want to help in this fight, "jguardad is here to recruit you!"  Sign me up.

Great! Can you write a letter to Rep. Chris Smith so he can help me and everybody else that wants a Federal Arrest Warrant on pushing for this?

Regarding the concerns of the impact on the enforcement of the Hague Convention we should explore the possibility of an automatic drop of the Federal charges if and when the child is returned within the Treaty's provisions. By doing so the Judges will not have the excuse of continuing the unlawful retention of the victim child...

Thanks for your support!

[jguardad]

Actually a more fitting result would be to have Joao Paulo Lins e Silva disbarred. He committed offenses in Brazil that would result with disbarrment here in the US. Disbarring him will prevent him from working in his profession and it would probably make him a black sheep in their social circles. It would take away his identity which is a far better punishment.

Granny is already being punished. Things arent going to go well for her for a long time. She needed sean in a sick perverted way that only a self centered , mentally unbalanced person can and now she doesnt have him. She has spent $$$ on this and lost. Now she doesnt have Bruna or Sean and with Seans leaving Joao Paulo Lins e Silva has no reason to continue to associate with her and many more reasons to sever that connection as we can see by how he wasn't visible during the last couple of weeks. Life is going to finally be hell for her. That is punishment enough at the moment.

As to other cases it depends. A federal arrest warrant may actually hinder things such as a voluntary return which at least one parent here has had happen. It depends on the case.

I agree with you on what you said about Joao Paulo Lins e Silva. I would prosecute him in the US as well as he helped the perpetrator with the continuation of the crime.
Regarding the voluntary return case that may have been hindered by the Federal Arrest Warrant, it can be established by agreement with the Justice Department that the charges could be dropped if the parent returns the child in say 3 months (otherwise they will keep the child for 10 years)

[Sashia]

The Hague has nothing in it about arrests or any other legal means of enforcing it.(and that would be at the discretion of each country's laws anyway.) It would seem logical that it should be an option available, besides the power of the Hague) in situations like this where the child is obviously being harmed.To preserve the parents ability to have contact at some point, at the expense of continued abuse of the child makes no sense. The problem is the view of what is "harmful" to the child. Recently, a child was taken from the U.S. to China, I believe, by the father, and there WAS an international arrest warrent issued for him, and marshals teamed up with officials to track him down and find the girl, whom he had hidden somewhere. The ability is there, but the motivation to use these measures for "parental alienation" which IS "mental abuse" or "emotional abuse"probably needs to be looked at. JMHO
 
Edited: in parenthesis

[Nora]

Actually a more fitting result would be to have Joao Paulo Lins e Silva disbarred. He committed offenses in Brazil that would result with disbarrment here in the US. Disbarring him will prevent him from working in his profession and it would probably make him a black sheep in their social circles. It would take away his identity which is a far better punishment.

Granny is already being punished. Things arent going to go well for her for a long time. She needed sean in a sick perverted way that only a self centered , mentally unbalanced person can and now she doesnt have him. She has spent $$$ on this and lost. Now she doesnt have Bruna or Sean and with Seans leaving Joao Paulo Lins e Silva has no reason to continue to associate with her and many more reasons to sever that connection as we can see by how he wasn't visible during the last couple of weeks. Life is going to finally be hell for her. That is punishment enough at the moment.

As to other cases it depends. A federal arrest warrant may actually hinder things such as a voluntary return which at least one parent here has had happen. It depends on the case.

[Nora]

What about Chiara, her granddaughter and JPLS's daughter?

[jguardad]

The Hague has nothing in it about arrests or any other legal means of enforcing it.(and that would be at the discretion of each country's laws anyway.) It would seem logical that it should be an option available, besides the power of the Hague) in situations like this where the child is obviously being harmed.To preserve the parents ability to have contact at some point, at the expense of continued abuse of the child makes no sense. The problem is the view of what is "harmful" to the child. Recently, a child was taken from the U.S. to China, I believe, by the father, and there WAS an international arrest warrent issued for him, and marshals teamed up with officials to track him down and find the girl, whom he had hidden somewhere. The ability is there, but the motivation to use these measures for "parental alienation" which IS "mental abuse" or "emotional abuse"probably needs to be looked at. JMHO
 
Edited: in parenthesis

I agree with you totally. The word "parental" should be stripped from the "parental kidnapping" label. In my specific case my girl vanished at 2 1/2 years old, never to be seen again. From my perspective I was deprived of her company for ever like if she was killed, and from her perspective I was killed too. Shouldn't that deserve swift and immediate punishment and the highest level of attention from Federal authorities?

[abbysomething]

Great! Can you write a letter to Rep. Chris Smith so he can help me and everybody else that wants a Federal Arrest Warrant on pushing for this?
 
Regarding the concerns of the impact on the enforcement of the Hague Convention we should explore the possibility of an automatic drop of the Federal charges if and when the child is returned within the Treaty's provisions. By doing so the Judges will not have the excuse of continuing the unlawful retention of the victim child...
 
Thanks for your support!

I think the drop of charges upon the child's return is a good proposal. You can count on me to write.
 
I also want to add, I am truly sorry for the years you were robbed of with your child. No one should have to go through that and I applaud you for your dedication to the plight of other left behind parents.

[abbysomething]

The ability is there, but the motivation to use these measures for "parental alienation" which IS "mental abuse" or "emotional abuse"probably needs to be looked at. JMHO
 
Edited: in parenthesis

:clapping: Really great point Sashia.