Emily Koyama was released from foster care and returned to her mother, Trina Atwell who originally kidnapped Emily to Costa Rica in February 2009. Emily had been taken into protective custody in preparation for her repatriation to the U.S. after her father, Roy Koyama had won custody in Missouri and the Hague Convention application in Costa Rica.
The case is being watched with intense interest by the U.S. Government in Washington D.C. and the U.S. Embassy in Costa Rica, and not least by the dozen or so other left-behind American parents with children kidnapped to that country.
Emily Koyama was the first child to be ordered home by Costa Rica.
The abducting mother, Trina Atwell successfully solicited the support of the Defensoria de los Habitantes, a non-governmental group which represents the rights of women. The Defensoria was responsible for filing two writs of habeas corpus, the first of which was heard on Friday by the Costa Rican Constitutional Court (Sala IV).
That hearing heard the first of the Defensoria's claims on behalf of Atwell - that the return of Emily Koyama to the United States was unconstitutional.
The court threw out the mother's claims and ruled Emily's repatriation to Costa Rica was correct and constitutional.
In a perverse twist, the same court also ordered the immediate release of Emily BACK to Atwell because the Defensoria had filed on her behalf a second writ claiming refugee status for both her and Emily.
The claim for refugee status has raised eyebrows in both the U.S. and Costa Rica. Atwell had previously publically declared she was going to return to the United States and raised around $2,000 to do so from donations. The question is how serious is her claim for refugee status when she was clearly prepared to voluntarily return to sort out her mess?
There are also questions being raised about the timing of the Defensoria's move. The spokesman for the Defensoria, Ahmed Tabash stated that the Defensoria had been involved since the December hearings which ultimately ordered the return of Emily to America. Why then has neither the Defensoria nor Atwell at any time in the last two years raised the issue of refugee status before? Clearly there is a large amount of gaming the system going on in Costa Rica, and something which is to be hoped will be dealt with summarily.
The controversy surrounding the Atwell claim to be a refugee from the United States is nothing new. Chere Lyn Tomayko was successfully granted refugee status after kidnapping her child from Texas and like Atwell, claiming abuse. Very troubling, the Defensoria did not make inquiries of the Texas judge in that case - the Texan judge stated that no allegations of abuse had ever been brought before him, and the Defensoria has failed to ask the Missouri judge in the Koyama case too.
The question must be asked - is Costa Rica really serious about performing its obligations under international law, or is it another country which has just signed up to look good?
I trust it is the former, but Emily remains unlawfully retained there and her father is now asking for trade sanctions to be applied in the same way a $2.75 billion deal with Brazil was vetoed by Senator Frank Lautenberg (D-NJ) - 48 hours afterwards, Sean Goldman was finally returned from Brazil after 5 long years.
Showing posts with label Costa Rica. Show all posts
Showing posts with label Costa Rica. Show all posts
Sunday, February 13, 2011
Wednesday, February 09, 2011
Emily Koyama - Update on Costa Rican Abduction
Trina Atwell & sister, Lynette Garet Play on Costa Rican Emotions
Claim Father Filed for an Injunction Preventing Mother from Seeing Emily in Foster Care
This is Day 8 of Emily Koyama being in foster care.
Wherever or whoever you are, tonight you will hopefully know where your children are.
We know where Emily Koyama is, or at least we know she is in protective custody to stop her kidnapping mother and sister, Lynette Garet from hiding Emily again.
On Trina Atwell's Facebook page - Keep Emily Safe in Costa Rica - largely administered by Atwell's sister, Lynette Garet, there are a number of claims made to supporters with the simple intention of stirring emotions and garnering sympathy.
One claim I will deal with now - Garet claims Roy Koyama filed for an injunction in Costa Rica to stop Emily's kidnapping mother from seeing her:
THIS IS 100% FALSE!
COMPLETELY UNTRUE - THERE HAS BEEN NO SUCH FILING
LYNETTE GARET & TRINA ATWELL ARE LYING TO YOU!!
PRODUCE THE FILING PAPERS PLEASE- SHOW YOU ARE TELLING THE TRUTH OR ADMIT YOU ARE LYING TO US ALL
HOW MUCH LONGER DOES EMILY HAVE TO STAY IN FOSTER CARE WHILE YOU GAME THE SYSTEM TRINA?
For those who have been leaving the odd pro-Trina comment on my blog - thank you - even bad comments are better than none.
We are all in a situation where Trina's word is what is carrying this - she claims all sorts of things - on NO EVIDENCE and 2 LOSSES IN 2 COUNTRIES COURTS.
If she is lying to you about this what else is she lying about - and remember where Emily Koyama is sleeping tonight - get past the dogma and see the child.
Saturday, February 05, 2011
Emily Koyama - Mother Claims Domestic Violence
Emily Koyama was abducted to Costa Rica in February, almost two years ago. Emily only 2 years old today and was a very young baby when when her mother, Trina Atwell kidnapped her from Springfield Missouri.
Trina Atwell has made a string of allegations against the father, Roy Koyama.
The first allegation is Roy was physically and sexually abusive. Atwell is unclear in her allegations on whether Roy was abusive towards her or to Emily or both.
What is beyond dispute is Atwell has been making allegations and claiming to have evidence in the form of police records and such. Despite 2 years elapsing, Atwell has so far shown no inclination to disclose her evidence, either to the US or Costa Rican courts and certainly not to anyone else.
Needless to say, Atwell and her supporters are quite happy to continue making these allegations.
The second set of allegations claims Roy Koyama is a drug addict. Again, Trina Atwell claims to have evidence, but it is not forthcoming.
Trina Atwell's Character
Trina Atwell comes across as an articulate young woman. Her recent performance on a Youtube video makes it clear that she is well-presented and knows her lines very well.
The lack of any evidence against Roy - which she claims to have - is deeply disturbing.
Is Trina being untruthful?
I think so, and here are my reasons why.
Trina Atwell is a Recovering Alcoholic
Far from the image of being a paragon of American motherhood, Trina has her own demons. Atwell is a member of Alcoholics Anonymous in her efforts to handle her addiction to alcohol, in which she should be supported.
It is Atwell's issue with alcohol, fueled by her partying lifestyle which is well documented on her Facebook website, which caused issues in the Koyama household.
Trina is a Party Girl
Visiting Atwell's Facebook pages, they are replete with photos of bar and club scenes. Trina by any standards is a good looking woman, however where was Emily while Trina was partying the night away.
Young babies need mom and dad at home to look after them.....sober!
Trina Cheated on Her Husband, Henner Chavarria
Henner Chavarria married Trina Atwell, which is why Trina sometimes hyphenates her name to Atwell-Chavarria.
Atwell left the Henner Chavarria and took up with Roy - by whom she had Emily.
After leaving Roy amidst her theatrical claims of being abused, she took up with Chavarria (by now in Costa Rica) where she left off - the pair having never divorced.
Let's be clear - Trina marries, has a baby by another man and returns with baby to her husband.
Atwell is not a model wife either.
Atwell has Abandoned another Daughter
Emily is not Atwell's first child. Atwell has another daughter in California, whom she abandoned. In addition to eluding justice in the US with the kidnapping of Emily Koyama to Costa Rica, Atwell has abandoned her eldest daughter in America.
Roy Koyama on the other hand appears to be someone else than the pill popping, Trina bashing fiend he's been painted out to be. He is the father of two sons form a previous marriage, with whom he has extensive visitation - I know because I've seen them on Skype video. They are hardly the picture of threatened children and Roy is hardly the picture of an abusive man.
Roy has also followed the law - Trina has not and she has lost in both the United States and Costa Rica. To lose in two countries legal systems is a sign you need to wake up, but in Atwell's case and those supporting her, it simply means let's find something else to do to get around this.
Meanwhile, while Trina games the system, Emily is in a foster care system in Costa Rica instead of being home with her father in America (and Roy Koyama is the one with the custody order - not Trina Atwell).
Perhaps those claiming Trina Atwell is a wronged mother should take another look.
Meanwhile, the process in Costa Rica grinds on. While the courts have so far sided with Roy Koyama and ordered the return of the child, Atwell in tandem with several women's rights groups in Costa Rica and the US, has been mounting a rear guard campaign to keep Emily in Costa Rica.
A media campaign is being waged in Costa Rica by Atwell and her supporters to persuade public opinion to keep Emily in Costa Rica. Costa Rica has so far refused to return any child to the US under the Hague Convention and Emily Koyama would be the first.
I sincerely hope that the Costa Rican authorities, and most of all ordinary Costa Ricans understand that Emily is the victim here - a victim of abuse at the hands of an alcoholic mother, who cheated on her husband, who has abandoned another child and is a fugitive from justice.
Who you and I believe between Roy Koyama and Trina Atwell is not the point - Emily has been kidnapped to Costa Rica by Trina Atwell. Emily Koyama should be returned quickly to let the American courts decide what to do with an American child, who has no connection to Costa Rica, except to have been kidnapped there by a blue-eyed, 100% homegrown American gringa.
Trina Atwell has made a string of allegations against the father, Roy Koyama.
The first allegation is Roy was physically and sexually abusive. Atwell is unclear in her allegations on whether Roy was abusive towards her or to Emily or both.
What is beyond dispute is Atwell has been making allegations and claiming to have evidence in the form of police records and such. Despite 2 years elapsing, Atwell has so far shown no inclination to disclose her evidence, either to the US or Costa Rican courts and certainly not to anyone else.
Needless to say, Atwell and her supporters are quite happy to continue making these allegations.
The second set of allegations claims Roy Koyama is a drug addict. Again, Trina Atwell claims to have evidence, but it is not forthcoming.
Trina Atwell's Character
Trina Atwell comes across as an articulate young woman. Her recent performance on a Youtube video makes it clear that she is well-presented and knows her lines very well.
The lack of any evidence against Roy - which she claims to have - is deeply disturbing.
Is Trina being untruthful?
I think so, and here are my reasons why.
Trina Atwell is a Recovering Alcoholic
Far from the image of being a paragon of American motherhood, Trina has her own demons. Atwell is a member of Alcoholics Anonymous in her efforts to handle her addiction to alcohol, in which she should be supported.
It is Atwell's issue with alcohol, fueled by her partying lifestyle which is well documented on her Facebook website, which caused issues in the Koyama household.
Trina is a Party Girl
Visiting Atwell's Facebook pages, they are replete with photos of bar and club scenes. Trina by any standards is a good looking woman, however where was Emily while Trina was partying the night away.
Young babies need mom and dad at home to look after them.....sober!
Trina Cheated on Her Husband, Henner Chavarria
Henner Chavarria married Trina Atwell, which is why Trina sometimes hyphenates her name to Atwell-Chavarria.
Atwell left the Henner Chavarria and took up with Roy - by whom she had Emily.
After leaving Roy amidst her theatrical claims of being abused, she took up with Chavarria (by now in Costa Rica) where she left off - the pair having never divorced.
Let's be clear - Trina marries, has a baby by another man and returns with baby to her husband.
Atwell is not a model wife either.
Atwell has Abandoned another Daughter
Emily is not Atwell's first child. Atwell has another daughter in California, whom she abandoned. In addition to eluding justice in the US with the kidnapping of Emily Koyama to Costa Rica, Atwell has abandoned her eldest daughter in America.
Roy Koyama on the other hand appears to be someone else than the pill popping, Trina bashing fiend he's been painted out to be. He is the father of two sons form a previous marriage, with whom he has extensive visitation - I know because I've seen them on Skype video. They are hardly the picture of threatened children and Roy is hardly the picture of an abusive man.
Roy has also followed the law - Trina has not and she has lost in both the United States and Costa Rica. To lose in two countries legal systems is a sign you need to wake up, but in Atwell's case and those supporting her, it simply means let's find something else to do to get around this.
Meanwhile, while Trina games the system, Emily is in a foster care system in Costa Rica instead of being home with her father in America (and Roy Koyama is the one with the custody order - not Trina Atwell).
Perhaps those claiming Trina Atwell is a wronged mother should take another look.
Meanwhile, the process in Costa Rica grinds on. While the courts have so far sided with Roy Koyama and ordered the return of the child, Atwell in tandem with several women's rights groups in Costa Rica and the US, has been mounting a rear guard campaign to keep Emily in Costa Rica.
A media campaign is being waged in Costa Rica by Atwell and her supporters to persuade public opinion to keep Emily in Costa Rica. Costa Rica has so far refused to return any child to the US under the Hague Convention and Emily Koyama would be the first.
I sincerely hope that the Costa Rican authorities, and most of all ordinary Costa Ricans understand that Emily is the victim here - a victim of abuse at the hands of an alcoholic mother, who cheated on her husband, who has abandoned another child and is a fugitive from justice.
Who you and I believe between Roy Koyama and Trina Atwell is not the point - Emily has been kidnapped to Costa Rica by Trina Atwell. Emily Koyama should be returned quickly to let the American courts decide what to do with an American child, who has no connection to Costa Rica, except to have been kidnapped there by a blue-eyed, 100% homegrown American gringa.
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