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Author Topic: Hague hearing in the Dominican Republic  (Read 8663 times)

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Offline dhanika

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Hague hearing in the Dominican Republic
« on: March 08, 2010, 10:46:38 AM »
I have just been informed by the Office of Childrens Issues that there will be a Hague Hearing in my case on Thursday March 11th.

Offline UD_student

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Re: Hague hearing in the Dominican Republic
« Reply #1 on: March 08, 2010, 05:36:26 PM »
Are you supposed to be there on this short notice??

I'm glad to hear they are at least holding a hearing, but I pray they will at least do something productive at the hearing rather than what many nations do, which is not much of anything.

Offline tweinstein

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Re: Hague hearing in the Dominican Republic
« Reply #2 on: March 08, 2010, 05:41:17 PM »
Are you supposed to be there on this short notice??
That's only slightly worse notice than what I had (9 days).

Offline dhanika

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Re: Hague hearing in the Dominican Republic
« Reply #3 on: March 08, 2010, 08:56:42 PM »
Are you supposed to be there on this short notice??

I'm glad to hear they are at least holding a hearing, but I pray they will at least do something productive at the hearing rather than what many nations do, which is not much of anything.

Yes, barely 3 days notice as one would have to find a flight for Wednesday to be there for the 9 AM hearing on Thursday.

My case seems to be heading down a very predictable path though.

Offline Lead.Developer

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Re: Hague hearing in the Dominican Republic
« Reply #4 on: March 12, 2010, 09:22:25 AM »
Hello old friend. I am sorry to read this sad news. Have you tried recruiting a DR journalist to your aid? In a lot of Latin American countries controversies (specially government type) are started by articles in the News Paper. If you can get a journalist to help type some pretty fiery articles about how poorly your case has been handled this may apply some political pressure to authority figures to comply with laws and conventions already in place.

Offline SageDad

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Re: Hague hearing in the Dominican Republic
« Reply #5 on: March 12, 2010, 12:38:12 PM »
Are you supposed to be there on this short notice??
That's only slightly worse notice than what I had (9 days).

I've been given less than 12 hours notice by OCI that I had a court hearing in Mexico (luckily I already knew about it from my lawyer).
“What you seek is seeking you.”
― Rumi

Offline UD_student

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Re: Hague hearing in the Dominican Republic
« Reply #6 on: March 12, 2010, 05:55:08 PM »
Are you supposed to be there on this short notice??
That's only slightly worse notice than what I had (9 days).

I've been given less than 12 hours notice by OCI that I had a court hearing in Mexico (luckily I already knew about it from my lawyer).

In terms of finding out about these hearings, whose responsibility is it to let you know about the hearing? OCI? Your lawyer or federal prosecutor if you did not hire a lawyer? If it is OCI, is that something else to put on the list about what they need to change with how they work?

Clearly, 12 hours notice is not enough time to get on a plane and get to Mexico, much less somewhere like Brazil where you take that long in the air flying there.

Offline sue

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Re: Hague hearing in the Dominican Republic
« Reply #7 on: March 16, 2010, 12:45:39 PM »
Has anybody heard the outcome of this?

Offline dhanika

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Re: Hague hearing in the Dominican Republic
« Reply #8 on: March 16, 2010, 01:30:33 PM »
Has anybody heard the outcome of this?

Hello Gail,

Sorry I have been meaning to update everyone.  The hearing has been rescheduled for Friday March 19th.

The one that was held last week was re-scheduled because the Dominican Republic's District Attorney's office was not properly notified to appear.

Offline dhanika

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Re: Hague hearing in the Dominican Republic
« Reply #9 on: March 20, 2010, 09:34:41 AM »
Hello Everyone,

an update to my case:

Yesterday a second hearing was held in my case.  This turned out to be another predominantly 'administrative' hearing.  Observers from the US Embassy were present as they have been for the previous hearing.

We requested a continuance from the court until April 15th in order to introduce 300+ pages of court documents and testimony that was submitted during the custody hearing in Massachusetts.  We now have to get all these documents translated by a Judicial Translator in the Dominican Republic.  Our request for continuance was based on the idea that Kali Soleil's right for due process requires that the court have all the relevant documentation before it in order to make a judgment.  The next hearing is now scheduled for April 15th.

A troubling development during the proceedings now is that CONANI, the Dominican Republic's designated Central Authority, represented by their Attorney Christian Maldanado, have apparently sought to get my petition dismissed before the court.  This is very troubling because the function of the CA according to the Hague Convention on the Civil Aspects of International Child Abduction is to facilitate the enforcement of the Hague Convention.  CONANI accepted my petition after approximately 8 months (and an initial rejection which was refuted by OCI) and now after accepting my petition as valid they are attempting to petition the court to dismiss my case.

They seem to be contradicting themselves and their very function.

Offline UD_student

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Re: Hague hearing in the Dominican Republic
« Reply #10 on: March 20, 2010, 08:54:06 PM »
I am shocked that CONANI tried to dismiss your petition. Is that erroneous action common in the DR?

Offline dhanika

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Re: Hague hearing in the Dominican Republic
« Reply #11 on: March 20, 2010, 11:57:24 PM »
I am shocked that CONANI tried to dismiss your petition. Is that erroneous action common in the DR?

There seem to be a lot of 'coincidences' in my case that are troubling.

First, there seems to be a child support judgment against me that seems to have been given in late February 2010, almost 7 months after I filed my petition and the DR's CA received my petition (August, 2009).  CONANI was required under article 16 of the HCCH to suspend all hearings related to custody once they received my petition.

If we go back to a few months before I filed the Hague Petition to April 2009 when the final custody trial took place in Massachusetts I think the implications start to take shape.   During the trial, the abductor was not present, but her attorney was present and took part in the trial.  During an exchange with the judge, who was presiding over the custody hearing, regarding the Hague Convention he (abductor's attorney) said something to the effect that I cannot petition for Kali's return under the HCCH because apparently the Abductor had filed something already.  

What this turned out to be was that the abductor had gone to CONANI a couple of weeks earlier (sometime in March 2009) and informed CONANI of the custody proceedings in Massachusetts.  Apparently, the abductor's Attorney in MA was trying to say that since the Dominican Republic's CA had already been informed by the abductor of the custody issue and of my case in Massachusetts.

In fact this played out when the initial response from CONANI to my petition was sent back to OCI. CONANI and particularly their Attorney Christian Maldanado specifically cited the fact that the Abductor had come to him and made a report of the custody proceedings in Massachusetts.  He went on to cite what he believed were errors on the part of the courts in MA that made my petition invalid.  These claims were totally baseless and complete mis-interpretations of the Hague Convention which OCI subsequently refuted.  OCI's objections were accepted by CONANI in February, 2010 and I was suddenly given a court date.

This is again very coincidental because in February 2010 an individual called Jose Grullon suddenly started posting to this forum regarding my case.  He claimed he was taking an academic interest in my case according to his posts.  In the background he was also sending me emails privately to 2 email accounts one of which was only known to the abductor.  He mentioned that he was working hard to get my day in court.  Ironically a couple of weeks later I was given a court date in the DR.  During the initial court hearing the abductor was represented by 1 Attorney and her 'assistant'.  This assistant turned out to be an individual named Jose Grullon.

Another interesting connection and possibly coincidence, the current Attorney for the abductor in the Dominican Republic, Dilia Leticia Jorge Mera, a member of the International Association of Matrimonial Lawyers (here is her profile on iaml.org http://www.iaml.org/members_data/profile/diliajorgemera/index.html?refer=/members/index.html) apparently was an interim judge in CONANI.   Dilia Leticia Jorge Mera is apparently a fan of David Goldman's Attorney according to her own blog
http://familiaymas-dilia.blogspot.com/ and apparently met David's Attorney.

Now, another coincidence, we have CONANI, after accepting my petition, asking the judge to dismiss my case.

I will be posting more about the Abductor's legal team and also will be posting all the emails that Jose Grullon has been sending me in a later post.  However, I am going to leave it up to you to draw the conclusions here from what I have written.
« Last Edit: March 22, 2010, 01:49:26 PM by Bob D'Amico »

Offline sue

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Re: Hague hearing in the Dominican Republic
« Reply #12 on: March 21, 2010, 10:40:44 AM »
Let us know what we can do, and I would like to read those emails from the attorney.  Maybe you can use them in court to show he has been threatening you?

Offline dhanika

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Re: Hague hearing in the Dominican Republic
« Reply #13 on: March 21, 2010, 08:55:08 PM »
Let us know what we can do, and I would like to read those emails from the attorney.  Maybe you can use them in court to show he has been threatening you?

Gail what might be best at this time is to press the Dominican Government to get an explanation from CONANI about its role as the Central Authority and whether it is fulfilling the obligations assigned to it.  I suspect that the Dominican Government outside of CONANI is unaware of CONANI's contradictory behavior in upholding an international treaty that the Domincian Government has signed.

Offline sue

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Re: Hague hearing in the Dominican Republic
« Reply #14 on: March 21, 2010, 09:48:41 PM »
Do you have any email addresses you can post so that we can write to them?