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Author Topic: OCI is only an administrative position  (Read 570 times)

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Online StrngConviction

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OCI is only an administrative position
« on: June 29, 2011, 03:11:16 PM »
When the abducting  country wants an affidavit of law but only gives supporting facts for the Respondants arguement ( in other words  Independantly acquired ) and you provide facts(court records) that proves what they are asking in an affidavit of law but the abducting country, my solicitor(Irish legalaide board,an all female run organization) and barrister refuse to include in the facts they offer the Lawyer in order to make an affidavit of Law , I ask my CA to REQUEST (not demand or order ) just request the Irish CA to request they be entered into the facts being presented as said above  and Her reply was that she is sorry but she cant validate the documents    even though her herself is the one that requested the court documents from the court and recieved them straight from the source and forwarded them on to the courts in Ireland.
 I than ask her why she cant validate them and she again states her job is only administrative . So I asked her  Than if ALL you can do is forward my application and documents which I can do without them , what use are you ? How can you say that you have my childs best interest in mind if you wont even vaalidate documents and request they be entered as such ?
 I can not even start to express my Anger at this moment ................
Behind this smile is something only we LBP understand.
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Offline momoftwo

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Re: OCI is only an administrative position
« Reply #1 on: June 29, 2011, 06:41:04 PM »
That is absolutely RIDICULOUS!! (I know,  deadhorse)  That is one of those statements I wish could have been publicized during the most recent hearing in D.C., to expose the OCI and State Dept. for the useless pencil pushers they are when it comes to IPCA. 

Online StrngConviction

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Re: OCI is only an administrative position
« Reply #2 on: June 29, 2011, 11:32:04 PM »
Boy oh boy  . If you understood that your pretty good lol .
 I was so upset . They are wanting an' affidavit of law ' from a Missouri Lawyer , Missouri lawyer is where they stop cooperating . If you dont know what an affidavit of law is , its when an attorney either clarifys an existing order or if there is no order the court gives the Lawyer facts on which to say "what if"... But the only facts they are giving the attorney are her facts . She holda a court order of sole custody .(pretty strong evidence I know ) that I had sole custody from 2003 -2005 and was granted sole custody in 1999 but it was set aside and primary physical custody has been with me from 1999 -2003 .What they are not entering into evidence is the fact that she acquired the custody without  due process. I was not served personally as was ordered by they Judge to be served when she filed her complaint .  She waited 60 days after filing the complaint and the judge ordering SPECIFICALLY that Pulaski County Sherrifs Dept. Serve me . An order of Personal service . But instead waits 60 days and goes in front of another Judge somehow and gives him a green certified letter signed by a deputy sheriff . Thats it .No return service as provided by the court clerk with her complaint for ammendment . And she gets the custody . Without me even knowing she was doing this she was able to steal my rights . The ironic thing is this . I let Dylan go to his Mothers and he said he wanted to stay there . Broke my heart but I wasnt going to deny him . It IS his Mother and I would not withhold her from him if that is what he truly wants .Im totally beat by this mentally because I felt he didnt really.want to be with me . The next thing I know she is keeping him from me ,like.when I called on Fathers Day and she said Dylan didnt want to talk to me  and than the school calls ,they havent seen Dylan and they cant reach his Mother  , a 4.0 student . I was  shocked , how could.Elizabeth do this ? Than my sister calls and tells me she is with some Meth Cook that  my sister had introduced her too . OMG !!!!!!!!!!
What am I to do ? I call 1-800 hotline and tell them all i know, i tell them I have custody and his non cuatodial.mother has him with a drug dealor . The investigation later i find out (6 months later ) is that the Dept of Homeland Security is investigating her anknew of her intentions to forge my name and kidnap Dylan to Ireland . One problem . The investigators dont tell me .... For 6months  ,4 months after she had already left . And only because i yelled and cussed to get that report !
   So all I want is for the Dept of State to request that the court order for personal service  and affidavit of the Pulaski.County Sheriffs Office stating they Never served  me with civil process nor recieved any civil process,  be included with the other facts that this lawyer will use to render wether  or not process was served correctly .
 they both come from a court recors and a sheriffs department . Verifying is as easy as calling .
Something so easy and when they have already read what the Dept of Homeland Security stated,  a part of their own dept..... And they wont verify and request...... I am beside myself.
              even the judge demanded him be returned due to the wrongful nature under article 15 declaration and Ireland wont use it either .
            again , I am beside myself.
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Offline momoftwo

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Re: OCI is only an administrative position
« Reply #3 on: June 30, 2011, 09:47:19 AM »
This is exactly what I mean.  These simple, SIMPLE things that don't require our government to spend ANY political capital whatsoever, and they can't even do that?????!!!  These are the kinds of specific incidents that need to be documented and included in testimony when they ask LBP's, as they did in May, "what exactly is it that you want us to ask of the State Dept., because, I believe that they really DO work for the American people, etc., etc...."  Keep track of these things...and keep bugging them until they do their jobs!!!!!!!!!!!!

Offline SageDad

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Re: OCI is only an administrative position
« Reply #4 on: June 30, 2011, 11:05:44 AM »
The US Central Authority for the Hague Convention (OCI) is not meant to be a paper-pushing administrative bureaucracy.  I won't belabor that point any more than to quote the Hague Abduction Convention:

Article 2
[/b]

Contracting States shall take all appropriate measures to secure within their territories the implementation of the objects of the Convention. For this purpose they shall use the most expeditious procedures available.

Article 7
[/b]

Central Authorities shall co-operate with each other and promote co-operation amongst the competent authorities in their respective States to secure the prompt return of children and to achieve the other objects of this Convention.

In particular, either directly or through any intermediary, they shall take all appropriate measures -

a)   to discover the whereabouts of a child who has been wrongfully removed or retained;
b)   to prevent further harm to the child or prejudice to interested parties by taking or causing to be taken provisional measures;
c)   to secure the voluntary return of the child or to bring about an amicable resolution of the issues;
d)   to exchange, where desirable, information relating to the social background of the child;
e)   to provide information of a general character as to the law of their State in connection with the application of the Convention;
f)    to initiate or facilitate the institution of judicial or administrative proceedings with a view to obtaining the return of the child and, in a proper case, to make arrangements for organising or securing the effective exercise of rights of access;
g)   where the circumstances so require, to provide or facilitate the provision of legal aid and advice, including the participation of legal counsel and advisers;
h)   to provide such administrative arrangements as may be necessary and appropriate to secure the safe return of the child;
i)     to keep each other informed with respect to the operation of this Convention and, as far as possible, to eliminate any obstacles to its application.

In relation to your wife's fraudulent custody order:

Article 17

The sole fact that a decision relating to custody has been given in or is entitled to recognition in the requested State shall not be a ground for refusing to return a child under this Convention, but the judicial or administrative authorities of the requested State may take account of the reasons for that decision in applying this Convention.[/b]

Notwithstanding any of the above, all you should need to do is request the documents from the court yourself and send them to the OCI and ask OCI to forward them to the Irish CA as evidence in your case.  Under Article 23 of the Convention you do not need your court documents legalized or certified in any way to submit them as evidence.  You could also submit these documents directly to the Irish attorneys, the Irish CA or the court hearing your Hague case but it's usually better to do so through OCI.
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Online StrngConviction

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Re: OCI is only an administrative position
« Reply #5 on: June 30, 2011, 02:25:47 PM »
I sent them to OCI and they were forwarded on thru OCI but my solicitors are not using them even though they make the case that is of issue , weither or not i was served process . I give OCI the props that they forwarded the items but Ireland is.not proffering them into evidence . An article 15 declaration and the court order of personal service of the summons and complaint to be served by Pulaski County Sheriffs Dept. And the Affidavit by the Sheriffs Dept stating they never recieved or served this summons is the BackBone of my Case  why wouldnt they use it ?
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Offline SageDad

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Re: OCI is only an administrative position
« Reply #6 on: June 30, 2011, 04:34:17 PM »
I sent them to OCI and they were forwarded on thru OCI but my solicitors are not using them even though they make the case that is of issue , weither or not i was served process . I give OCI the props that they forwarded the items but Ireland is.not proffering them into evidence . An article 15 declaration and the court order of personal service of the summons and complaint to be served by Pulaski County Sheriffs Dept. And the Affidavit by the Sheriffs Dept stating they never recieved or served this summons is the BackBone of my Case  why wouldnt they use it ?

Because they are not on your side.

Submit the evidence to the court directly yourself and look for other legal representation.
“What you seek is seeking you.”
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Online StrngConviction

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Re: OCI is only an administrative position
« Reply #7 on: June 30, 2011, 06:29:20 PM »
An all woman legal aide board and female Irish CA ..... Can you say biased ?
Behind this smile is something only we LBP understand.
                May God be with ALL our children.