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Thursday, October 08, 2009

Arrest Warrant Issued by Florida Judge for Emily's Dad on Stalking from 1,000 miles


I returned to the UK from the US on 22nd September as the US Department of Homeland Security would not extend my visa despite the appeal process pending in Florida.

I get home to find that the new husband of my ex, Emily's mom, had filed stalking charges against me because Patsy and I had complained to the police of his threats to the pair of us and him claiming to be a cop.

The result was that despite not being served, there was an arraignment hearing on October 2nd in Panama City before His Honor Judge Shane Vann.

I faxed the judge on October 1st to advise His Honor that I was in the UK, had not been served and in any event could not possibly attend because I was overseas.

I copied in the family court judge, His Honor Judge Rowe in DeLand, Volusia County for good measure - I checked with the online system - "No action per Judge"

The result is that Judge Vann has issued an arrest warrant for me because I failed to appear.

The stalking charges have been filed by Paul Swindell, Sheila's new husband - no stranger to the wrong side of law enforcement with an arrest record for assault and battery on several occasions as well as grand theft, not to mention he was arrested for beating his former wife who also had to obtain a protection order to stop him and which the court was convinced, she needed.



He claims I have followed him continuously since April 2009.

Yet, with the sole exception of the Spring Break visitation, I have not been within 500 miles of Panama City.



Paul Swindell claims I have his home under observation and tracked him down.

His wife filed a change of address with the court which is how I was notified of the address.

He claims I have tried to have him fired from his job.

Until he filed these ridiculous charges, I did not know where he worked.





Now, call me cynical but what do you think the odds are that as I am told to leave the US by Immigration, a local police department (Panama City PD) with whom Paul Swindell has connections, should file stalking charges against a man who lives 1,000 miles away and now, 4,000 miles away?

What do you think the odds are that this happens just as we come to the end of the appeals process in Florida?

Answers in an email please but if anyone has a defense attorney willing to represent me pro bono, I'd be very grateful for the referral.

Monday, October 05, 2009

The Avoidable Case Of Christopher Savoie


Ken Connolly is the author of Throwing Stones and an exceptionally special individual not least because he gives insight into what it is like to be a child subjected to abduction - Ken and his brother were abducted as children by their father in the 70's.

Ken has been tireless in his work aimed at enlightening and educating law enforcement, legislators, the judiciary and the public at large on what it means to be abducted as a child.

The Avoidable Case Of Christopher Savoie

This past week in Japan an American father was forced to take action in order to regain his abducted children. Christopher Savoie, a law abiding citizen was apprehended outside of the United States Consulate while trying to enter with his children. The local police placed Christopher in jail on the charge of child abduction. What is most disturbing is that Christopher was attempting to return his children after they were abducted by their biological
mother against a United States court order keeping them in the United States.

Japanese law is not a co-signer to the 1980 Hague Convention on international parental child abduction. Under this confusing, and often webbed convention, the home state has jurisdiction on child custody issues. If a child is taken to another state, that state has an obligation to return the child. Since Japan does not recognize this convention, it allows an open door policy of stealing children to Japan, as long as the parent is a Japanese citizen.


On the other hand, if a child is taken to the United States, Japan is quick to request the child returned. Since Japan has close ties to the United States, this indifference is often overlooked. This unbalanced system of international cooperation has created the picture definition of forum shopping. Basically, if you don’t like the court outcome, move somewhere where you will get the outcome you want.

What must be understood is that Japan is not the only nation to overlook illegal retention of a child against a sovereign state’s right of custody. However what is important here is that there are numerous cases of non custodial parents who have taken their children to Japan and been given protection. What Christopher’s case shows is that if you try to retain your children, you will be locked up, and charged with the very crime that allowed the non custodial parent to enter Japan. So where did all of this start?

Back in January Christopher Savoie was in divorce court from his ex-wife a Japanese citizen. His wife agreed to live within the boundaries of the court ruling. Simply, she needed only to have them back in time for school. Mr. Savoie raised concerns that his ex-wife would try to take the children to Japan. His concerns were overlooked and as a result of poor judgment, his ex-wife was able to secret his children off to Japan. When Christopher discovered what had happened, a warrant was issued in the United States for the mother’s arrest.

Japan has a history of favoring mothers as the sole conservator of small children in divorce cases. What is different in Japan is that when the other parent loses custody, they are completely severed from their children. Given the Japanese family court system, it only promotes cases like Christopher Savoie. What is still often overlooked in these type cases is the children, and the affect it has on them. While the parents, courts and officials slug it out, the children sit quietly behind the scenes falling apart internally.

As a former abducted child and author on parental child abduction I know exactly how these little children feel and what they are going through. For three years I was abducted by my father and lived in two states. On more than one occasion my father considered moving to Australia. There was the constant fear of being uprooted in the middle of the night and whisked away because the feds were closing in on my dad. On more than one occasion I would wake to the shouts of my father, and cries from my fellow kidnapped siblings.

When asked how long it took to become confused and protect my abductor, I often answer within just weeks of the initial kidnapping. What must be understood is that a child unlike their adult counterpart, cannot reason between the crime and the misguided love of their parent. They do not see an outcome where they will be reunited if they go to the police or make a public plea for help. Their circumstance is just life as they know it. When returned home they are confused even further over the ordeal.

What can make the child’s experience worse is when the abducting parent denies communication with the other parent, and tries to distort their view of the other parent. For me, I can see this as the main cause for Christopher’s son freezing in the street, and not following his father, and sister to the United States Consulate. After his father has been apprehended, the abducting parent can then use her son’s confusion as a viable argument in court. Sadly, this is not due to his father being unfit, but from the abducting mother’s grooming of her child.

What should be taken from this is that Christopher and his children’s ordeal could have been avoided back in Tennessee during the divorce proceedings. The judge was fully informed of Mr. Savoie’s concerns, and history of Japan allowing non custodial parents to abduct their children. Next, if Japan wants equal international rights for children taken abroad, maybe they should change their policy, and join the Hague Convention of 1980, or suffer the same results they inflict upon other State’s custodial rights. Lastly, the effect parental abduction has upon the children involved can have greater impact than stranger based abduction; since the loss of trust is so great.

Ken Connelly is an author, speaker, former law enforcement officer and victim of parental child abduction. His book, Throwing Stones; Parental Child Abduction
Through The Eyes Of A Child, is the first book written from the child’s point of
view during an abduction.



Ken Connelly Author/Speaker Throwing Stones; parental child abduction through the eyes of a child 214 364 4181 iPhone mobile

Tuesday, September 01, 2009

Judge Doyle Steps Down in Foreclosure Case Amidst "Racist" Comments

The Florida judge who let Emily go blind and claims "In this County we're provincials. We don't do the Hague Convention!" [international law for non-child abduction readers] has found himself in the spotlight yet again.

Judge Doyle has recused himself from a foreclosure case after it was claimed he made "inferences of a racial or ethnic bias" against an attorney, Farzad Milani, reports Jay Stapleton of the Daytona Beach Journal.

Judge Doyle told attorney Farzad Milani, "that he would not do his work while (Milani) sits in his office in Fort Lauderdale smoking his Cohiba cigars and drinking his lattes," according to court records. This isn't racist but then I understand the motion filed in the 5th District Court of Appeal in Daytona contains the juicy aspects of the alleged bad behavior. It certainly persuaded Judge Doyle to step down when they filed in the Appeal Court but let's wait and see.

Judge Doyle's nickname amongst local attorneys is "Wildman" Doyle; whether the claims are true or not, Judge Doyle just can't seem to keep himself out of the local news for one reason or another ... and none of them are good!

Less than a month ago, Judge Doyle ignored the Federal Loan Modification Program, the lending bank and the homeowner, all of whom agreed the foreclosure was not to go ahead - "Motion Denied" says Judge Doyle and the house was sold from under the family despite paying as required (as reported by Channel 9's Jason Allen link for this TV slot is here)

Wednesday, August 26, 2009

Heat Lightning Strikes Three Times: Ariel Ayubo, Robert Skelton & Karl Hindle

Ariel Ayubo's son was abducted from the US to Brazil several years ago - I met him at the Sean Goldman rally in Washington DC and was struck by his quiet reserve. On Friday last, Ariel flew to Brazil under close protection (or observation) by the Brazilian Federal police to finally have contact with Lorenzo.

It's a small world as Ariel lives in Edgewater, Florida a few short miles from Daytona where Emily's appeal was filed last Friday.

On Thursday night, I met up with Ariel and Robert Skelton, another Volusia County father who has his daughter, Marissa Joy Kvistad missing after being abducted to Spain and then Switzerland.

A balmy Florida evening descended with a fantastic display of heat-lightning courtesy of Hurricane Bill out in the Atlantic. We meandered along Flagler Avenue of New Smyrna Beach enjoying seafood (it was the local Shrimp Festival that night)as well as each other's company demonstrating that laughter is good medicine.



Thoughts unspoken were on Ariel as he had his flight to Brazil the next day. Rob and I both know what it feels like to be so keyed up at the prospect of seeing your child, if only for a brief few moments and maybe not at all but the hope is there - making sure Ariel was distracted from what lay ahead was the priority and from the smile on his face, I think we can say we succeeded.

Good luck Ariel!

Sunday, August 16, 2009

Florida Bound ... Again!

Frantic packing to get ourselves ready to get down to Florida in anticipation of Monday.

I have a final brief to complete but I am more concerned on the recent developments regarding the admission Florida did not have jurisdiction at the time of the Hague Convention hearing in London which wrongly sent Emily to Florida.

Of necessity things will have to be quiet for a while as London talks to Washington DC and meanwhile I have business in Florida.

Oh what a tangled web we weave,
When first we practise to deceive!
Sir Walter Scott, Marmion, Canto vi. Stanza 17.

Thursday, August 13, 2009

Appeal Update: Emily's Mom Admits Florida Did Not Have Jurisdiction

I received the brief from Sheila's attorney, Kim Banister a couple of days ago and had a flip through.

Within the brief, it is conceded that Florida was NOT the home state when the British High Court sent her to Florida but after 6 years, Emily should stay in the US now - my efforts are nothing more than sour grapes.

SIX years of legal conniving and gymnastics and after so much time has been wasted while Emily has been allowed to go blind in her eye, the argument from the mother is, she's been here too long so she should stay, oh and we can't send her back to the British High Court and tell THEM they made a mistake.

First off - the British High Court did not make a mistake - Barbara Greig, the US Government official tasked with filing Hague Convention applications deliberately misled the British authorities claiming Florida held jurisdiction over Emily - she knew or ought to have known that it did not. The mother also lied about Florida being where she had been living for 6 months as did Barbara Greig - this is fraud.

Second - I am interested to see what Sean and David Goldman's supporters and the Congress of the United States have to say about this argument. After all - if an American court is going to find that Emily has to now stay here, what about Sean Goldman in Brazil?

What about all the rest of the children taken out of America and held for so long - is the principal going to be established that it is OK to abduct children to America and as long as you hang on long enough you win?

If it works this way it works for all those abductors stealing children out of America too.

There is a post script - Sean Goldman has not been given to a pedophile - he has not been denied medical treatment and allowed to go blind and his father has not been arrested by the Brazilian authorities or been banned from entering Brazil.
Here in America, all this things and more have been done to Emily Rose and that is simply not right.

Thursday, July 30, 2009

Chasing the Cyclone: A Complete Scam