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Author Topic: Need Help to Bring my Children Home  (Read 695 times)

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Offline DaveShu

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Need Help to Bring my Children Home
« on: September 06, 2011, 01:28:13 PM »
A bit over 4 years ago, my wife at the time abducted my daughter and step son to Australia.  after nearly 2 years the Hague Convention Court ruled in my favor and ordered my children to be returned to the USA (Colorado).  Upon their return, we attended the family Court for a ruling on Parental Responsibilities.  The Judge heard evidence about the abduction, emails stating that unless I paid my (now ex wife) a sum of $7,000 and buy her a new car, I would never see my children again.  The Judge also was given a report in whick my ex wife threatened to kill herself and both of my children if she were made to return.  In the end, the Judge ruled that it was in the children's "Best Interests" to remain with their mother and return to Australia since, she had been the primary varegiver of the children for the previous 2 years.

It's been a little over 2 years now and my ex has not allowed me any contact with either child.  We've been to Court 4 times on Contempt hearings in which she has failed to appear.  I am now about to go be to Court in themiddle of October to see if I can get custody changed.  However, I have exhausted all of my finances up to this point and need help.  A few months ago an article was written about my situation that you may find interesting.  It's at http://www.fathersandfamilies.org/?p=15000

If anyone can help, I would really appreciate it.  This can be done at: http://funds.gofundme.com/7eom0

Thanks in Advance!

David

Offline SageDad

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Re: Need Help to Bring my Children Home
« Reply #1 on: September 06, 2011, 02:51:58 PM »
What a terrible story...

Not the first time I've heard of something similar happening but it's the first time I've read such a detailed account of it.

Reminds of an email conversation I had with my US attorney about actually litigating custody in the US when my abducted son returned and where she said:

"for the court to somehow “get past” the idea that she abducted your child.  This is unlikely to happen for a long time."

I left it at that even though I wanted to say I know all about how fathers are guilty until proven innocent and courts often care more about the welfare of women than they do the children.. ("Women and children first..." ...in that order after all.)

I've read a number of similar decisions outside the context of international abduction cases where the courts declared mom unstable and decided to give her full custody anyway because she might go over the edge otherwise.  Really begs the question of whose the parent, whose the child and whose best interests courts are really pursuing.

I, rather smugly I'l admit, told my father-in-law in Mexico that, in a way, I was actually lucky.  As dishonest and immoral as my wife has proven herself willing to be, if she had been a little more intelligent she would have just walked over to our local family court and said I was a rapist and pedophile and that she wanted a divorce and permission to relocate to Mexico to practice her career as a Mexican attorney (a "career" she's never practiced and has no intention of doing so.) 

The judge would have quite likely taken everything I own, given her permission to drive to Mexico in my car and ordered me to pay $1000 to her per month in chalimony whilst a US court ordered restraining order prevented me from ever seeing my son...  And if I tried to leave the country to avoid rewarding my wife for her crimes the State Dept. would vigorously pursue me across international borders forcing me to "take responsibility for my child."

As screwed up as Mexican law is in many ways, family law in the US is often worse.  A working father who wants his children to have their mother with them as much as possible when they're infants and agrees to her not working can easily find that his wife has affairs with everyone he knows, the file for a "no fault" divorce, get full custody as the "primary caretaker," get to keep the house, cars and a huge, tax free child support check in order to "not disrupt" the lifestyle the child is used to (in their "best interests" of course,)   Since it's all for the children though, it wouldn't matter if there was a pre-nuptial agreement... it's going to the kids, not the wife.  And he will come to realize that the courts don't put much priority on enforcing his "visitation" rights.  Hence, through "no fault" of his own a father can lose, literally, everything and keep paying the person who took it all from him for the next 18 years and when his child turns out badly, no surprise with the type of person who raised him, get blamed for "abandoning" his child. 

And through it all the court rewards the person who destroyed the family home, the one place that offered the child the best possibility for a bright and successful future... and people act surprised when men are afraid of commitment.

I have a good friend getting married in a couple months and I'm fighting hard not to seriously advise him to run even though I've never met his fiance.  Knowing my friend I'm sure she's a wonderful person... but then she could watch a lot of Oprah and in five years, decide she's not feeling fulfilled enough, want to "have it all,"and realize that the court is dangling all sorts of incentives in front of her to push him into the meat grinder.
“What you seek is seeking you.”
― Rumi

Offline DaveShu

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Re: Need Help to Bring my Children Home
« Reply #2 on: September 06, 2011, 03:34:38 PM »
It really is a shame how the Courts in this country are so biased against men.  With all of the talk of Family Court reform and states saying that they are gender neutral, it's fathers who are denied their children.  When this happens, it's really the children who become the true victims.

Offline L.E.R.P.

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Re: Need Help to Bring my Children Home
« Reply #3 on: September 07, 2011, 01:12:01 AM »
SUPREME COURT OF THE UNITED STATES Syllabus
ABBOTT v. ABBOTT (International Child Abduction)

http://www.supremecourt.gov/opinions/09pdf/08-645.pdf

Syllabus: a summary outline of a discourse, treatise, or course of study or of examination requirements.

Judge Robert Russell rewarded Shirley Shubert’s. 
Failure is not defined by attempts to change what is wrong back to what is right; failure is defined by accepting what is wrong and doing nothing to change it!   L.E.R.P.

Offline L.E.R.P.

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Re: Need Help to Bring my Children Home
« Reply #4 on: September 07, 2011, 03:38:59 AM »
My Point:

Can a simple Judge; without knowledge make a ruling above THE US SUPREME COURT

Really REALLY ?

I would love to read any argument ANY!
Failure is not defined by attempts to change what is wrong back to what is right; failure is defined by accepting what is wrong and doing nothing to change it!   L.E.R.P.

Offline SageDad

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Re: Need Help to Bring my Children Home
« Reply #5 on: September 19, 2011, 10:21:56 AM »
My Point:

Can a simple Judge; without knowledge make a ruling above THE US SUPREME COURT

Really REALLY ?

I would love to read any argument ANY!

The really sad and embarrassing fact is that federal courts almost never intervene in family law in the United States.  Family law courts are considered "equity" or "chancery" courts and are governed almost entirely by State law.  Federal courts, as well as the supreme court, almost never subject family law decisions to any constitutional review whatsoever.  The unsurprising result is that US family courts frequently run rough-shod over people's constitutional rights. 

People (mostly fathers) can spend years (or, more accurately, indefinitely) in jail for child support without ever having an attorney represent them, having a trial or being given a reasonable chance to prove that they don't have the money to pay the child support.  Likewise, for other "contempt of court" decisions arising in family court, parents (mostly fathers) can be put in jail indefinitely without a trial or a lawyer for disobeying whatever nonsense order a family court judge wants to make up "for the child's interests," such as orders about what sorts of topics they can discuss with their children, for example if the mother is Catholic and the father Jewish the court can order the father not to discuss religion with the child, or if the father is vegetarian and mother is not, order the father not to discuss eating meat with the child because it interferes with the custodial mother's wishes.  So much for freedom of speech or freedom of religion.

In the name of the "best interests of the child" courts, judges, social workers, "clinical" psychologists, lawyers and every other profession that feeds upon the destruction of families through divorce and child custody battles commit all sorts of constitutional violations violating pretty much each and every article of the constitution and bill of rights on a daily basis.  Good luck getting federal courts, at any level, to do anything about it though.

Luckily, for many of us here, the notable exception where Federal courts will intervene in the decisions of family courts are in Hague Convention cases under international law.
“What you seek is seeking you.”
― Rumi