Andrew Ko - Wins Order for Return of Twin Sons from Singapore

Andrew Ko successfully won a return order from the courts in Singapore for his twin sons, William and Christopher.  The boys were abducted from California to Singapore in August 2009, and in this instance the return order appears to be relatively quick - especially given Singapore has only recently signed the Hague Convention.

Rather than me prattle on, I think it better if Andrew's own words speak for him and what he is asking us all to do: Hello everyone,  I wanted to let you all know that I am in Singapore as I write, and we are hopefully on the  brink of some very positive news from the Singapore court.   On March 3rd, the Singapore judge is scheduled to rule on my motion to have the Singapore court recognize the US Court Order, issued Sept. 14, 2010, awarding full, permanent custody to me.   While nothing is certain, there have been numerous indicators throughout this saga that Singapore recognizes that the US is the appropriate forum for determining custody of my sons.    I am very, very hopeful that on March 3rd, the judge will rule that the US court order is to be recognized and respected by Singapore, and the boys returned to my custody to be brought home to the United States.  As we have seen in other cases, most notably Sean Goldman's, the most effective tool to impart justice in cases of international parental abduction is the instigation of government-to-government dialogue.  Pressure applied through appropriate diplomatic channels makes a difference for our children!  This dialogue comes about almost exclusively through the application of public pressure.    Therefore, I respectfully and passionately issue this call to action:  MAKE YOUR VOICE HEARD!  PLEASE WRITE TO THESE ELECTED OFFICIALS TODAY.  Please encourage your friends and associates to do the same.  Please demand that US diplomates and officials engage Singapore in order to adhere to the Hague Convention on the Civil Aspects of International Child Abduction and take an active role in ensuring the safe, just and rightful return of these young victims to their father and to their home here in the U.S.  President Barack Obama The White House 1600 Pennsylvania Avenue Washington, DC 20500  Use this link to email President Obama: http://www.whitehouse.gov/contact  U.S. Attorney General Eric Holder U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 Use this link to email Attorney General Holder: askdoj@usdoj.gov Office of U.S. Representative Christopher H. Smith - New Jersey 2373 Rayburn House Office Building Washington, D.C.  20515 p 202-225-3765 f  202-225-7768  If you live in California, please write to Senator Boxer, Senator Feinstein and your local congress representative. Office of U.S. Senator Barbara Boxer 501 I Street, Suite 7-600 Sacramento, CA  95814  Use this link to email Senator Boxer: http://boxer.senate.gov/en/contact/policycomments.cfm   Office of U.S. Senator Dianne Feinstein One Post Street, Suite 2450 San Francisco, CA  94101  Use this link to email Senator Feinstein: http://feinstein.senate.gov/public/index.cfm?FuseAction=ContactUs.EmailMe  The paragraph below is a sample that can be used for reaching out to elected officials.  Please email, fax, or call your Senators and Congress members in your home state, as they will likely not respond to non-constituents.    Dear (official's name), Christopher Ko and William Ko are minor children who were abducted to Singapore.  The US Government needs to communicate to the Singapore Government that we want the boys returned.  I am asking you as my elected official to contact Hillary Clinton - State Dept, Attorney General Holder - Justice Dept and President Obama to ask that they contact their counterparts in the Singapore Government to strongly express our desire to see the boys returned home to the United States.  The case is entering its 18th month and it is time my government got involved!  Christopher's NCIC case number is M648309789 and William's is M308382442. On behalf of my boys, William and Christopher, who turn 11 this month, thank you from the bottom of my heart. Sincerely, Andrew Ko Singapore acceded to the Hague Convention in December 2010 and will start enforcing decisions with effect from March 1st 2011 - the development means that Ko's US custody order is now recognized by the Singaporean courts and the mother has been ordered to return the children. This does not preclude her from appealing the decision, and there is still the thorny issue of enforcement but for Andrew, William and Christopher at least, the prospect of reunification is looking to be a very real and close prospect. Do your best to make your voice heard and take 5 minutes to contact the Senators and President Obama as Andrew Ko requests.

US Department of State - Partial Release of US Passport Application for Emily Rose

US Department of State continues to withhold paperwork

I recently received page 3 of a US Passport application made for Emily Rose in January 2003 - the US passport that was issued to Emily Rose in order to remove her from the UK to the US.

The US Department of State continues to withhold the rest of the paperwork that was requested, including the supporting forms for the issuance of the passport and internal communications regarding the role of various State Department officials in removing and hiding Emily Rose in the US.

What does this mean ?

One of the pieces of paper provided purports to be my consent to the issuance of the passport - except the law required my signed notarized consent and guess what - it isn't my signature and it isn't notarized, so where did it come from ?

Interestingly enough, the passport application page is dated January 2003 but the "consent" form is dated April 2002 - does that seem strange to you because it sure does to me.

I'm waiting on the outcome of a show cause motion for Maria Damour to show cause for her contempt of the federal proceedings in Orlando, Florida - the explanation from the US Attorney General is that the defendants i.e. various State Department officials do not recognise the jurisdiction of the federal court in Orlando, Florida.....hmmmmm.

Watch this space.

Tech Tags: US passport US+Embassy Emily+Rose State+Department Maria+Damour

Australian a danger to Baby - so the headline goes

Abduction from Australia to Alabama, US

Recently reported in the Alabama Press-Register is this case of a baby taken from Australia to Alabama, US.

Mom is an American, Susan Elizabeth Beaty and moved to Australia where she had a relationship with an Australian, Gareth Baran and a child was subsequently born.

Mother claims domestic violence, heavy drinking and that dad is a threat to the child.

Dad claims mom abducted the child from Australia to the US and is standing on the Hague Convention on the Civil Aspects of International Child Abduction for the return of the child to the jurisdiction of Australia.

The case is scheduled to be heard by a federal judge sometime later this month and it will be interesting to see the outcome - the attorney for the mother claims that the father gave consent for the removal and that he represents a clear danger to the child.

These things are never clear on the face of them - if Gareth Baran gave consent then Susan Beaty is going to have demonstrate that absolutely - she is the one who has the burden of evidencing her claims here. The issues of domestic violence, I personally think, should be better heard by the court where the evidence is available and that means back in Australia but will the federal court in the US agree ? This is a source of much debate in the US and elsewhere these days and I am concerned that this the thin end of the wedge in slowing proceedings down.

If the issue of "best interests" of one of the parents is to start playing a part in Hague Convention proceedings then it becomes much less sustainable to argue the "best interests of the child" should not also play a part in the process - at this time, the only "best interest" of the child that figures in Hague Convention proceedings is that proceedings should take place in the country of habitual residence and a return shall be effected as quickly as possible - if dad is an alcoholic deadbeat, that is not relevant to a return order under the Hague Convention but it will become relevant for the court of habitual residence just the same as if a mom is medically neglecting a child, placing them up for adoption or endangering them by placing them into contact with a convicted pedophile.

Let's see how this one gets handled by the US judge.

Tech Tags: adoption Alabama Australia domestic+violence Hague+Convention international+child+abduction Pedophile US

International Child Abduction legitimised by Nebraska Bill and violates The Hague Convention

,US Nebraska Law Sanctions International Child Abduction

A new law passed in Nebraska authorises the seizure of jurisdiction to that state from a non-US country (in this case Canada) and was promulgated and signed into law in order to block court ordered visitation to a Canadian father.

The US mother of the child has alleged physical abuse and sexual molestation of the child by the father during visitation, however there have been no criminal filings and to date, no evidence except the mothers say so as far as I can see.

State Senator DiAnna Schimek of Lincoln, Nebraska sponsored Bill 341 and it was signed into law by Governor Dave Heineman a week or so ago after passing the State Legislator 48-0.

The Canadian courts hold jurisdiction and continue to order visitation but Nebraska by this law has seized jurisdiction and is holding hearings on the allegations while blocking visitation.

International treaties such as The Hague Convention on the Civil Aspects of International Child Abduction and virtually every state in the US (including Nebraska) have laws that state a court where the child was living when custody proceedings are filed retains jurisdiction and only in "extraordinary" circumstances can measures be taken by courts outside that country.

This appears to be yet another violation of The Hague Convention on The Civil Aspects of International Child Abduction by the US, who seem to take a buffet approach to the treaty and enforce only those aspects of it that they wish to but ignore their obligations in others - typically when it benefits an abducting US parent in the United States.

In this instance a Nebraskan judge has blocked the father from visitation pending a hearing on an emergency basis and now the US will assume jurisdiction over the child after the abuse hearings are complete in complete violation of the international treaties and the US UCCJEA.

Whatever the merit of the allegations against the father, it is only in exceptional circumstances that jurisdiction of the original court can be usurped by a foreign court - in this instance there is nothing extraordinary, indeed the Nebraskan court is acting on an "emergency" basis. This is unjust US State sanctioned abduction and abrogation of an international treaty that appears to have been railroaded through the Nebraskan Senate.

I find this very disturbing, perhaps it is time for a revamp of the Hague Convention so it says it applies only when the US says so and not to their own - I wonder if the federal system will intervene in this particular matter, that will be very interesting as will the reaction of the Canadians.

When will the US learn that this type of behaviour makes it much more difficult for the hundreds of US parents coming to foreign countries asking for children to be returned - after all an American judge does not hear these cases but a foreign one.

Talk about shooting yourself in the foot.

US child international abduction Hague Convention Hague+Convention children federal mother father justice International+Child+Abduction child+abduction

Emily and her dad meet for the first time

Missing & Endangered Poster