Thursday, April 03, 2008

You Can Have a Visa....briefly! Woof!!!

Well what can I say - the email ether has been busy today with the US Embassy London and the Office of Childrens Issues asking for flight information and addresses and contacts for where I would be staying in the US - provide that and I can have a visa for a few days to go to the hearing in Florida that is scheduled for ...... tomorrrow morning.

OK guys - if I buy a flight, hoof into London to your Embassy - hang around for however long it takes for you to contemplate your navel - get a train to one of the airports - bear in mind taking all my papers and files for court - grab a flight - fly 3,500 miles to Florida - I may, just conceivably may, get to the court on time for a hearing.

Probably I'll stink like a dog, look dishevelled, unshaved, no time to discuss or prepare with my attorney and probably I won't even get there in time and indeed, I may not be allowed in to the country because I also then have to convince immigration I am not going to blow up Abraham Lincoln's statue or fart on the sidewalk. Yeah right - I'll give that character a kid ...NOT!

Seems fair?

Let me think - the Department of State has been repeatedly advised of this hearing and court for several months - after much wrangling 3 days before the hearing they gracefully give an emergency interview, and less than 24 hours before the hearing that takes place several thousand miles away they say I can go ..for a few days.

Why is the European Union and the UK sending children to a jurisdiction that behaves so badly?

Why has Emily Rose been allowed to go blind in an eye?

Why is the US Government ignoring US and UK judges and international, US and constitutional law?

Why was Emily Rose taken from the UK by the US Embassy London with no due process, no evidence and hidden in the US while being put up for sale and adoption and into the care and contact of a convicted child sex offender?

What the bloody hell is so wrong with a US judge that the US Government doesn't defer to his wisdom and court orders?

Why am I being treated like a dog?
Karl, heel boy heel! Roll over!! Sit!!! - Oh for Pete's sake will you play dead!!!!
I'll do the doggy impressions, swallow my pride and try to be dignified - but why has Emily Rose been treated like shit?

Tuesday, April 01, 2008

April Fool's Day - What a Difference a Day Makes!

I received an email last week from the British government advising me that the US Embassy was prepared to provide an emergency appointment for a visa interview.

I have just hot footed it back from the US Embassy in London - no visa and my passport has been returned as the consular official advised more processing needs to be done.

Fortunately I now have an immigration attorney, Mr David Vedder of Daytona handling the application so in his words, let them process for a couple of weeks and then we chase.

Strange how an appointment could be arranged so quickly when previously it has taken months?

Thursday, March 27, 2008

First they ignore you....

"First they ignore you, then they ridicule you, then they fight you, then you win."
I came across this quote which resonated deeply with me - as a foreigner it is easy to be ignored, as an individual it is expedient to be ridiculed.
Barbara Greig and Glen Keiser - otherwise faceless US government officials have read this play book - it works.
Ignore people - they go away in the vast majority of cases.
Ridicule them - we are the US government and have credibility while you, are an emotional wreck because your child or children are beyond borders and God help them because no-one else will:
"Mr Hindle your allegations are the product of a vile diseased mind...you should seek help, I really think you need help."
(Glen Keiser, former head of US Central Authority now in India as a Consular Official after being told of Emily's medical need for her blindness and adoption/sale attempts involving a convicted pedophile
...unless
You are prepared to continue and carry on and fight.
I was told once upon my lifetime that dealing with Emily's case would take years, thousands of dollars and a great deal of "intestinal fortitude" - like a berk I asked what that was and was promptly told "Guts!"
So I fought.
Now after five years, Emily losing her eye, a pedophile fessing up and no due process - we have a fight.
I'm shaking my head at all of this because there was never any need for any of this bovine or equine excrement.
Gandhi knew a thing or two; after all he saw off an Empire using only a cotton spinning wheel.
Gandhi was a good man and so am I.
Barbara - you picked a fight and now you have one - I'm going the distance.
I love Emily and you don't - sucks to be you to pick the one case in a million where a parent is not going to take you lying down.
Now I'm going to win - or you can come to the table and sort your mess out.
By the way; this is an offer to resolve this bag of snakes without the unpleasantness of a judge sorting it out - and I will not win anything - you know why?
Emily lost her eye - blind for no reason except your embuggerance of due process and the fantasies of a silly woman.
I failed Emily because I could not convince you, judges,law enforcement or child protection services in America that nine doctors and a British Supreme Court Judge had got it right - that Emily needed a 50 cent eye patch for a few hours a day to stop her going BLIND!
I love my daughter - I'd give anything for her - including my own eye or eyes, indeed I'd give my life.
If that makes me a "crazy guy" or a "nut" - yes I am - I love my little girl.

Wednesday, March 12, 2008

TRIAL ! (but you can't go)

Docket sounding has been scheduled for 4th April for a trial date commencing 28th April for three days.

I called the US Embassy visa line in the UK to get an interview - they can't see me until at least AFTER the 23rd May.

In other words they won't interview me for a visa until AFTER the trial takes place.

Sunday, March 09, 2008

An Open Letter to Barbara Greig

A Letter to Barbara Grieg of the US Central Authority, US Department of State
2201 C Street, N.W. SA-29, 4th FloorWASHINGTON, DC 20520-2818
United States of America
Direct Tel: 202-736-9142 Email: greigbj@state.gov



So you are aware - as you ought to be every single day - almost 2 years have elapsed since Emily and I have seen each other.

You helped Emily go blind.

You helped to hide her.

You believe you know better than Judge Doyle and that you are above the law.

You are irresponsible and dishonest and there appears little I can do to bring you to account for your appalling conduct.

BUT

Given the impasse with the mess you have directly helped create such that Emily and I are never to see each other again I am heading to the High Court in London this week armed with a petition and a request for directions based upon the evidence obtained of your fraudulent, abusive misconduct and the failure of an American court to enforce an order for medical treatment for a British child entrusted to the jurisdiction of Florida.

A jurisdiction that has failed to issue orders promptly and effectively, failed to enforce orders promptly and effectively and failed to provide a standard of child protection at least the equivalent of what Emily would have enjoyed in the UK... you know the Hague Convention so you ought to appreciate where I am going to be heading with my arguments and don't think for one moment that I believe Judge Doyle is anything other than an honourable Southern gentleman and a very intelligent, highly competent judge; you could learn a thing or two from him, integrity and decency spring immediately to my mind.

I expect the High Court to turn me away ...and then I file in the European Court of Human Rights.

I suggest if you have any shred of decency that you take a seat in Kathy Ruckman's office and spill your sad, sorry lying guts and give her an opportunity to clean up your foul mess before I do.

s/Karl Hindle

Emily Turned 6 on March 1st - Happy Birthday Darling

Emily turned 6 on March 1st - another missed landmark in her short life for her family and her.

Telephonic access as ordered by the Florida court has ceased again and no doubt, the presents we sent to Emily have "not arrived" once more.

Efforts with the State Department to get a visa to travel appear to have come to nothing yet again - I am not allowed a visa because the US Embassy claims I am trying to emigrate.

A blatant lie by the US Embassy and State Department officials seeking to cover up their misconduct.

The truth is they have permanently barred me from entering the US to see Emily because they have allowed themselves to be misled by an unstable, dishonest American mother who amongst other things has claimed domestic violence, graphical sexual abuse of my children in the UK and of Emily in Florida and had every single allegation demonstrated to be false and dismissed by the US court, the same court even finding her guilty of criminal contempt in the process and yet, and yet ... minor US officials such as Barbara Greig can take it upon themselves to dismiss the findings of an American judge and with no hearing, no due process and no evidence simply abuse their position of authority and unchecked powers to sweep Emily and her rights under whatever bug infested carpet they have for this purpose.

It is almost two years since Emily and I have been allowed to have our court ordered access while the US Government claims it "must defer to the Florida court in matters concerning Emily"; defer in all respects when it suits them but not when it comes to letting Emily see her dad; not when it comes to letting Emily have the medical treatment that could have saved her sight,; not protecting Emily when she was put up for sale and into the care of a convicted American pedophile.

Is this because I'm not American?

Or is it because I have a pair of balls instead of a pair of tits?

Or is it because the best interests of the child are clearly subject to the expediency of covering up the dishonesty of lying, corrupt US Government officials such as Barbara Greig and consular officials at the US Embassy, London?

Tuesday, January 22, 2008

101 Uses for Baby Wipes - Dennis Gray Podcaster & Friend


ATASCADERO FATHER CREATES PODCAST
Daddy has 101 uses for baby wipes
Simple Web postings grew into podcasts that reach 80,000 listeners and some sponsors
By Patrick S. Pemberton


Gray started posting questions on the Web about being a dad after bringing his then-infant son, Evan, home from the hospital.

Dennis Gray puts on radio-type shows that can be downloaded or streamed on computers or MP3 players. Here he is at home with his dog, Ben.

* External Link Link to Dennis Gray's blog

There was a time when Dennis Gray wasn’t sure he wanted to have kids. But when a difficult delivery kept his wife in the hospital longer than expected, the Atascadero man found he had to step up.

“I had never held a baby, changed a diaper, fed a baby,” Gray said. “I had no clue how to make formula — none of this stuff.”

He’d read “What To Expect When You’re Expecting” and other baby preparation books. But that wasn’t enough. So soon after bringing son Evan home from the hospital, he started posting questions online. That eventually led him to create a blog and then a podcast, dispensing tips, interviews with experts and discussions with other fathers from around the country.

Initially, he said, the idea was simply to share information with friends and family via the Internet.

“I found it very difficult to sit down and write to everybody what was going on,” he said. “And mass e-mail, in my opinion, was tacky. So I thought, ‘Hey, I’ll just set up a Web site. I’ll throw some audio up there, and if somebody wants to know what’s going on right now this second, they can play it.’

“But once I had 12,000 people listening, it was like, ‘Wow! Obviously I’m hitting a chord with something.’ ”

Recorded in what used to be the family’s sunroom, Gray’s podcast, called “101 Uses for Baby Wipes” (http://101uses forbabywipes.blogspot.com/), now has about 80,000 listeners and a handful of sponsors.

If you’re still not sure what a podcast is, don’t feel too left behind. The term “podcast” wasn’t even coined until 2004. And the podcast still is not as popular as other media, such as television and radio.

But its popularity is gaining rapidly, largely because it’s so easy to create a podcast. Anyone with a computer, a microphone and the Internet can create a podcast, a radio-type show that can be downloaded or streamed on computers or MP3 players.

Recognizing the importance of podcasts, commercial radio outlets have taken notice, offering their broadcast shows online as podcasts. For example, local shows on KCBX, such as “Take Two” and “Ears On Art,” can be listened to anytime on a computer. And national shows, such as National Public Radio’s “Fresh Air” and “Wait Wait, … Don’t Tell Me!,” have become popular podcasts.

Even presidential candidates have recognized the power of the podcast. Democrat John Edwards was the first to launch a podcast, and others quickly followed.

A local trailblazer

San Luis Obispo County has a fair share of bloggers—those who create their own Web pages — but few podcasters. That makes Gray somewhat of a local trailblazer in the medium.

Gray’s podcast started out small but grew quickly after it was featured on two podcast shows by Adam Curry, the former MTV VJ who is a pioneer in podcasting.

“My subscription went from like 12 to 12,000 in a span of three weeks, and my server crashed,” Gray said. “So I e-mailed Adam Curry and said, ‘You’ve got to help me, man.’ ”

Eventually Curry signed Gray to join his podcast network, PodShow, which features political, musical, sports and family podcasts.

Gray’s family-oriented show includes several segments, with sound effects and music interspersed with the material. Some shows feature the Daddy Panel, where other podcasting fathers get together to discuss issues, such as fussy eaters, balancing work and family, and avoiding arguments.

Gray also conducts interviews with people such as Phil Lerman, author of the book “Dadditude,” and Karl Hindle, a British resident who has been fighting to gain custody of his child who was removed from England by her American mother.

Not long after he appeared on Gray’s show, Hindle said, a listener in Texas put him in touch with a civil rights organization that is now funding his legal battle.

“I’d been interviewed on radio and TV before,” Hindle wrote in an e-mail, “and the podcast response was better. At the time it was broadcast, there was a flood of traffic to my Web site for Emily, including several people who have become deeply involved in helping with the situation, which is still being unraveled today.”

‘Professional geek’


Though he conducts interviews and discusses news events, Gray doesn’t consider himself a reporter.

“Journalism? Nah,” he said. “Gathering up information and sharing it with people? Yeah, I’ll go with that.”

As his podcast became more popular, Gray found he was dedicating more time to it.

“I was working my regular 50-hour-a-week, high-stress job and then coming home and doing another 10 to 12 hours a week putting a weekly podcast together,” he said.

Gray is a self-described “professional geek” — and, he added, “it would violate several nondisclosure agreements if I told you who I worked for and what I did.” Vaguely, he said he does “information security stuff.”

While the podcast has sponsors, the payoff is not enough to make a living.

“There are very few people who make serious money podcasting,” he said. “I try to explain it this way: It doesn’t pay the mortgage, but it makes the lease payment just fine. It keeps the car in the driveway.”

To avoid threatening the family values he talks about, Gray did back off a bit, doing fewer shows. (He posts about two a month now.)

‘101 uses’

As for the title of his show, Gray said once he had a baby, he realized quickly how handy baby wipes can be.

“When my son was born, I had no clue about diaper-changing,” he said. “I had no clue about baby wipes. And I discovered that these things can be used for just about anything.

“I would come to work and say, ‘You know you can use baby wipes to clean the ceiling fan?’ And co-workers said, ‘You should write a book and call it that.’ ”

He has been approached to write a “101 Uses for Baby Wipes” book, he said, but right now there’s too little time.

Still, the success of the podcast demonstrates that eventually there will be an audience for it.

“People like to have a little bit of reinforcement, knowing that, ‘Hey, I’m not alone; fussy eating is nothing new. Parents have dealt with that for centuries,’ ” he said.

“Hearing how someone else deals with it can give you perspective.”

Tuesday, July 17, 2007

We need your help

Hi All:

You may be familiar that my latest effort to obtain a visa to enter the US to continue with court hearings and to have visitation with Emily have failed as the US Embassy London has overridden Judge Doyle in FL and now permanently barred me from entering the US for visitation on the grounds I have harassed the US mother despite the repeated findings of Judge Doyle to the contrary. Further I cannot enter the US for court hearings on the grounds that I cannot demonstrate sufficient connection to the UK, despite being British, born here, maintaining a home here, working here, being a disabled veteran, all my family except Emily here, and having custody of my eldest child.

Emily is now permanently blinded in her right eye and the deposition of the convicted pedophile in Wisconsin has been taken and he has confirmed the adoption attempts by Emily's mom in Wisconsin.

The US GAO has asked for my papers on this matter which I have provided in connection with a request for them to investigate the Deaprtment of State's role in removing Emily from the UK, hiding her in the US and denying involvement in covering up the adoption/sale of Emily, placing her in the care of a pedophile in WI, allowing her to become permanently blinded in her right eye despite 9 doctors advising treatment and arranging for my arrest by the Department of Homeland Security in May 2004 and removal from the US.www.emilyrosehindle.blogspot.com

What I am asking from you

First, I'm asking that you send an email requesting that the GAO investigate the conduct of OCI and the US Embassy London in connection with Emily and the behaviour in obstructing Judge Doyle in Florida and perverting the course of justice in London UK.

You can contact Jess Ford at FordJ@gao.gov please keep your language temperate and polite - Jess has offered to look at this for me and I am grateful for his effort - please copy me in and also fraudnet@gao.gov

If you have a fax, send a fax to 202-512-3086 as well.


Also please write to the GAO - I have attached a letter that simply requires your name and address and signature and putting in the mailbox.

Second, contact Congressman Mica through Jean Carrero at jean.carrero@mail.house.gov

Again, please be polite Ms Carrero has been extremely helpful in trying to get visas and so on resolved.

Kindly ask for Congressman Mica to request oversight of the US Department of State and to intercede on Emily and my behalf and a sample letter is also attached.

Again please copy me in on the email and if you can please also copy the letter and post it to him as well - the address is on the letter.

A message form is also available on Congressman Mica's website here
http://www.house.gov/mica/messageform.shtml

If you have a child that has been internationally abducted kindly tell them that and express your concerns at this situation as it relates to getting your child back home to America.

Please keep me posted of replies and please distribute this as far and as wide as possible.

Emily and I really, really need your help.

Thanks

Karl
karlhindle@aol.com

Wednesday, July 04, 2007

He Says She Says - Judge Doyle-v-Sheila Fuith

It's been quite some time since I posted anything and a few people have been asking if things are ok so I thought I'd better put a few minds at rest.

Yesterday I paid a visit to the US Embassy in London and was interviewed for a visa to go back to Florida and Washington DC so I could see Emily and continue with the legal process in America.

I had to get a police report from the British police documenting that I have no criminal or arrest record here in the UK which I did and along with my tenancy agreement for my home and all the other paraphanalia to demonstrate I have a right to see Emily, court orders and such.

I was interviewed by a young lady who rejected my visa request. I asked why, and she advised me while tapping away at her keyboard with wonderfully manicured nails that:

"It's very honorable that you want to see your daughter but you are permanently ineligible for a visa for access because you've harassed the mother."

I gave her my court orders from Judge Doyle that rejected the mothers request for a domestic violence injunction along with my court order for access and all I got was:

"We've overridden them, you are permanently ineligible for a visa and that is that."

More furious tapping at the keyboard ensued with those lovely nails rattling away - I thought she's going to break them !

I asked why I couldn't have a visa for going to court and what I got was:

"You have an attorney you don't need to go to court."

Extra furious tapping from the keyboard, sounding like heavy rain on a tin roof.

"But I'm filing in federal court and representing myself, I need to be there."

The tattoo of keystrokes didn't miss a beat and without looking up she told me:

"Get an attorney to do that for you. You cannot demonstrate sufficient connection to the UK Mr Hindle so I have to presume you are an immigrant so I'm not allowing a visa for that."

I countered, transfixed by the dexterity of the finger manipulations wondering if she actually was typing anything or just using the activity to avoid looking me in the eye:

"How can you say I don't have sufficient connections to the UK, I'm British, I'm a veteran, I have a house here, I look after my eldest child, I'm studying here what more can anyone do to show they are connected to the UK?"

The rat-a-tat-tat stopped and looking me in the eye for the first time she says:

"I'm not giving you a visa."

I said it was just shameful how the State Department was behaving, but nothing was said as those beautiful fingers picked up the paperwork and put them in the out tray and pushed a rejection notice under the glass window that separated us.

"Have nice day!" followed me as I left the cubicle.

I left for home and sobbed in the toilet compartment of the train home. I'll never see Emily again and Judge Doyle's Florida court orders are worth nothing while I cannot even go to court in the US - the used toilet paper I found left in the bowl of the toilet on the train home has more value than all of the court orders from the British Supreme Court, the Hague Convention and the court room of His Honor Judge John V Doyle in Florida. I flushed that excrement ridden piece of paper down the toilet as effectively as Ms Manicured Fingernails flushed Judge Doyle's court orders and our rights earlier that day at the US Embassy - at least it is now fertilizing the weeds that grow on the train track somewhere between London Liverpool Street and the train station at Hatfield Peverel.

These custody cases are often "He said, She said" driven but it's a new twist when "The Judge says and She says" but the State Department sides with mom and not the American judge.

Thursday, April 26, 2007

US Embassy Visa Shennanigins ... again

OK - here we go again :)

I telephoned the US Embassy visa operator to try to sort out a visa appointment as Maria Damour and the visa section at the US Embassy in London have not responded to requests for me to get a visa interview appointment (the first step in getting a visa).

At £1.20 a minute (that's about $2.50 a minute for US readers) I was on the telephone for about 20 minutes trying to sort out an appointment - the visa operator finally came back with- you need to email the US Embassy with this so here it is (for a 3rd time):

From: karlhindle@aol.com
Show/Hide all the To recipientsTo: londonconsular@state.gov
Show/Hide all the CC recipientsCC: Jean.Carrero@mail.house.gov, graeme.wise@fco.gov.uk, dcarter@reunite.demon.co.uk, kruckman@state@gov, dferguson@ormondlawfirm.com, lucy.benyon@express.co.uk

Subject: ciu760 FAO: Maria Damour - Hindle re: visa appointment
Date: Thu, 26 Apr 2007 4.41PM
Attachments:
Immigration_Report.2.jpg (218K)greigfax.0.jpg (179K)


Dear Ms Damour:

I have spoken with the US Embassy visa appointment line and have been advised to contact you again.

This is the third such email I have sent to the US Embassy in accordance with instructions of the visa operator - I have received no replies from the first two.

I have been advised that I cannot proceed with obtaining a visa appointment without emailing you in respect of the following:

1. I am applying to British police for a Subject Access Statement as instructed by the operator:
2. I was refused a visa in September 2006 by the US Embassy London:
A. for court ordered access to minor child on the grounds I have harassed the US citizen mother of my minor child in the US (despite the findings of the US court that I have not done so and court orders repeatedly provided to you and the US Embassy); and
B. for attendance and prosecution of court proceedings in Volusia County Florida in connection with minor child on the grounds I am attempting to emigrate to the United States.

The visa operator advises me that the US Embassy needs to provide me with the visa refusal codes before they can offer an appointment date; and

3. That given my arrest by US Immigration in Florida on 28th May 2004 I must provide a sworn statement from an entity you must specify in the United States in a form you will specify as to the circumstances of that arrest. I have appended a copy of the US immigration arrest report of the arresting officer Wayne Baehre and a fax to US Immigration by Barbara Greig of the State Department, which demonstrates my arrest was predicated on information provided by Barbara J Greig, Office of Childrens Issues, Department of State, Washington DC.

I understand you require the following:

Name: Karl Ernest Hindle
Nationality: British
Passport Number: 305478269
Email address : Karlhindle@ol.com

Karl Hindle
5 Berwick Cottages
Terling Hall Road
Hatfield Peverel
Essex CM3 2EY
UNITED KINGDOM

Monday, March 12, 2007

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.

Sunday, March 11, 2007

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.

Thursday, March 08, 2007

Emily's Dad Quoted on Opinio Juris

Karl Hindle quoted extensively by Opinio Juris


Roger Alford of Pepperdine School of Law quoted Karl Hindle in full on a recent posting on international child abduction:

Roger Alford (mail):
I received this thoughtful email from a reader and I forward it to you without attribution (but with permission):

Hi Roger:

Noted your post on Opinio Juris and I have these suggestions in response to how to further prevent international abductions:

Prevention i.e. before a child is removed
1. Rigorous enforcement of the two parent signature law (Nance/Donovan etc) for passport issuance to minors within and without the US (removal of passport issuance function from the Department of State);
2. Cessation of domestic violence exception in 8 CFR 51 for issuance of passports to minors
3. Exit controls at point of departure from locations within the US (currently there are none - have passport will travel);
4. Federal level legislation and control - (at the State level it is worthless as it is so easily by-passed and if a child is removed from the US, federal level intervention alone will carry weight with a non-US jurisdiction, State warrants are practically useless) cf Synclair-Cannon Law, California (Larry Synclair and Josef Cannon - put either name in google and you'll find the legislation) - further unilateral state legislation eg Nebraskan LB 341 sponsor Senator Schimek, can compromise international cooperation between the whole of the US and another HC contracting state.


Cure i.e. after a child is taken
1. Rigorous enforcement of the Hague Convention and obligations imposed upon the US in the event of a return of a child to the United States - currently it is a take it or leave it buffet, once a child is sent to the US for proceedings an abducting parent subsequently has very little chance of fair proceedings in the US which is causing "disquiet" abroad;
2. Removal of administration and functions of the US Central Authority from the Department of State to the Department of Justice - in practice, the US has a reputation for operating a three-tier system in regard to international abductions based upon a sliding scale of diplomatic expediency, then gender and claims of domestic violence and thereafter you have a catch-all - this is not appropriate, a legalistic approach to the Hague Convention is required not a diplomatic one (note the US is the only contracting state to the HC that has the Central Authority embedded in it's foreign service and not the justice department);
3. Full adoption of the HC by the US - at present it has reserved on certain aspects such as providing free legal representation for HC hearings (in the UK it is fully expensed by the UK taxpayer and in many other contracting states but this is not reciprocated); and
4. Full accounting by the US Central Authority of returns and access orders granted AND enforced - currently the US claims a 90% return rate (Asst Sec of State Maura Harty &Ernie Allen NCMEC) however no substantive evidence to support this has ever been provided despite censure by Congress and the GAO - the only study of comparative return rates I am aware of is that of Professor Lowe, Law Professor Cardiff University UK which indicates that under reported HC cases a return of 52% from the US is demonstrated - this is an average result for the largest budget in the world.

These suggestions do not directly assist US parents in recovery but the first thing the HC is about is mutual trust not custody issues - to this end it is interesting to read what foreign judges have had to say about returning children to the US (as it is after all a non-US judge that will determine a return or not) cf Tom Johnson and Sweden non-return (google him); Josef Cannon in the High Court London UK non-return to the US.

Presently, the US is perceived by many in the EU and elsewhere as a major violator of the HC, not officially of course, but judges, practitioners and civil servants abroad are not stupid and many EU states only allow a small pool of judges to hear HC cases who have gained experience of events after a US return is made, it does not generally make for happy reading - there have been several cases of children sent to the US on the basis that it will protect a child and has failed, several spring to mind involving Sweden, UK, Germany and Spain.

Suggestions for HC Development
1. Reciprocal agreements between contracting states regarding use of their jurisdictions as safe havens - ICARA/IKPA deal with abductions out of the US but not to it, I think this is a fundamental weakness in the current HC aproach of dealing with the issue after the child has been taken - imposing sanctions on a parent who abducts to your jurisdiction may be a better way of preventing an abduction to begin with rather than the current cat-and-mouse game with an abducting parent simply hiding until a child is settled in the new environment;
2. Sanctions against non-compliant contracting states e.g. suspension of returns, demand for monetary damages enforceable and mandated at the Hague, enforcement powers at the Hague for dispute resolution;
3. Contracting states provide "attributable rights" to foreign parents litigating in the jurisdiction - by this I mean, a right to freely enter and leave a contracting state (i.e. no visas or no revocation of spousal visas upon divorce cf Japan); same rights and protections as a native of a contracting state would enjoy eg privacy (US Privacy Act and current State Department practice as outlined in FAM 7 denies a right to privacy for a non-citizen for instance) - this develops art 7 &21 and the removal of obstructions by contracting states to resolution;
4. Change the name of the HC from "Child Abduction" to "Jurisdiction for Child Hearings" as with the UCCJA/UCCJEA - abduction = kidnapping in laymans eyes, even for law enforcement and social services and it is not - it benefits no-one to make this a more emotive affair.



Wednesday, March 07, 2007

The First Lady on International Child Abduction

Laura Bush at the International Centre for Missing & Exploited Children Conference


Elysée Palace,Paris, France - January 17th, 2007


International Centre for Missing & Exploited Children Conference




"The United States made missing and exploited children a priority in 1981"

First Lady Laura Bush of the United States of America January 2007


I recently came across this press release issued by the Whitehouse press center after the First Lady of America, Laura Bush addressed an international conference hosted in Paris, France by President Chirac.

I agree wholeheartedly with Mrs Bush's sentiments but I do have serious issues with the gap between words and deeds. There is a call for greater foreign government cooperation
Every country must educate its citizens, especially women and children, so they can avoid this degradation
however very scant attention is paid to the void that exists for parents who have children abducted to America or from America.

International Centre for Missing & Exploited Children Conference Paris France




In the pecking order of priorities it is clear that international child abduction ranks extremely low, not only for local agencies and law enforcement but at the Whitehouse.

The majority of Mrs Bush's address dealt with the international issue of child pornography and the growing international response to dealing with perpetrators of this heinous crime.

Let's put this in perspective - international child abduction-v-international child pornography - I cannot disagree that child pornography must be tackled and must receive a higher priority than international child abduction and I write as a parent who's child has been taken across international boundaries and given into the care of a convicted pedophile.

When I found that Emily Rose was being "adopted" in Wisconsin in April 2003 I was staggered and frightened however when I found that this was happening from a convicted pedophile who advised me his son was adopting Emily Rose and he (the pedophile) had also been looking after her, I was terrified beyond anything I have ever experienced in my existence on this planet.

What I feel needs to be done is to educate senior leaders in America, Europe and around the world that international child abduction needs more attention too, not allowed to be an also ran that is disposed of rather than dealt with. Mrs Bush does not seem so far away from that sentiment as she goes on to state:

"A society shows its character in the way it treats its most vulnerable citizens. Each of us can help protect children in our societies, and every country must help protect children in our global society."


Mrs Bush, if you ever get to read this - salut as President Chirac would say, but please do not forget to mention the thousands of children who are internationaly abducted and at great risk as a consequence next time you have the opportunity and I write as a parent who's child taken to America, has been allowed to go blind.

Tuesday, March 06, 2007

Angelina Jolie and Melissa Hawach

Melissa Hawach recovers Cedar & Hannah from Lebanon


Melissa Hawach recently recovered her two daughters from the Lebanon after a three continent battle to get them home to Canada from her estranged husband, Joseph Hawach.

Melissa and her daughters




This case started last year when Joseph Hawach took the two girls for a vacation to Australia but they ended up in the Lebanon with Mr Hawach and his mother.

After locating Cedar and Hannah in the Lebanon, Melisa Hawach reunited with the children at a school playground and eventually returned to Canada after a two month cat and mouse chase to evade Joseph and his supporters through Jordan and Syria..

Two "helpers", Brian Corrigan and David Pemberton, private security specialists currently languish in a Lebanese jail for "assisting" in this matter though the charges against them have recently been downgraded and the Lebanese court apparently now accepts Melissa has custody over the children.

Lebanon is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction which makes it at the same time more difficult to pursue a resolution through the legal process but easier if you go the so called "self-help" route. Joseph, a dual Lebanese/Australian citizen has outstanding charges pending in Canada for international child kidnapping and custodial interference.

Joseph Hawach and his mother Gladys




In the style of Betty Mahmoudi, who managed to recover her daughters from Iran and the tale was turned into a film "Not without my Daughters" starring Sally Fields, movie offers are flooding in for the movie rights.

Hollywood heavyweight, Angelina Jolie has or is in the process of bidding for the film rights after the story broke in an Australian newspaper.

It will be interesting to see what happens with this and it is noteworthy that this case has so speedily been resolved without the Hague Convention - I think I can safely speculate that if the Hague Convention had been in situ, then this matter would still be dragging on to the detriment of Cedar and Hannah.

Sunday, March 04, 2007

International Child Abduction and Domestic Violence

Causes of International Child Abductions



I read this this morning in my google alerts:

"
MOTHERS are responsible for seven out of 10 international parental child abductions, an Australian study has found. And the most common reason for the abduction is flight from an abusive relationship.
"


My first reaction was "hello, mens rights at it again" but the article comes from Australia and the study is that of the International Social Science Australia entitled "Learning From The Links Between Domestic Violence And International Parental Child Abduction".

Now I haven't read the paper so I cannot comment on the conclusions but I do believe it will be a fair assumption to say that 70% of the respondents CLAIM domestic violence exists rather than it ACTUALLY being shown to exist - a much smaller proportion will have justifiable domestic violence as an element of the motivation to abduct than in fact.

The issue of domestic violence and international child abductions is difficult to navigate - one jurisdiction/party's justifiable flight from harm is anothers international child abduction.

The Hague Convention deals with issues such as domestic violence through Article 13(b) which allows a presiding judge to exercise discretion (note discretion not requires) to refuse to allow a return of a child that has been wrongfully removed from a country of habitual residence in those circumstances where there is a grave risk of physical and psychological harm to the child which is "intolerable".

By intolerable, consider this analogy that I was given by David Thelen of The Committee for Missing Children - you hold your outstretched palm above a candle, as you slowly bring your hand down you feel the heat of the flame but that is tolerable, as you bring your hand closer it starts to be painful until your hand is so close to the flame that you are actually burning - that is intolerable.

In this instance, The Hague Convention actually should result in the return of children whose mothers claim to be victims of domestic violence as this would for the most part not satisify the extremely high mark of "intolerable". I read a case last year where a mother fleeing from Venezuela after a hit man had been hired to kill her satisfied the test and though she had internationally abducted the children involved they were not returned due to the danger.

In Sheila Kay Fuith-v-Karl Ernest Hindle re ERH (a minor) I argued that Emily Rose should not be sent to Florida on the basis that the adoption attempt/sale of Emily, placing Emily into the care of a convicted child sex offender and medical neglect for her eye condition represented a an intolerable situation for the purposes of Art 13(b) of The Hague Convention. It was rejected as not satisfying the test.

Domestic violence features in the vast majority of international child abduction cases almost as a matter of course, what needs to impressed is that domestic violence only of the highest viciousness is regarded as a justification for international child abduction and by that it means the threat must be against the children and not the mother.

Clearly there is some way to go with the Hague Convention, but the debate that is raging particularly in America, on article 13(b) and interests of the child creeping into the otherwise summary proceedings to return a child, are likely to taint Hague Convention proceedings with procrastination and dogmatic complications on top of those implicit with the international dimension.

Generally, the vast majority of domestic violence allegations, founded or not, are not a proper justification for international child abduction - international child abduction is child abuse not child protection.


Friday, March 02, 2007

Robert Skelton - Father searching for his child taken from Florida

International Child Abduction - My Alter Ego in Florida







Reported in the Daytona Beach Journal - click here for the article



I'll be contacting Robert as I may be able to help him in finding his child but I think that the mirror nature of our cases serves to underlie the difficulties that he is going to face in finding his child, getting access or return of the child to Florida - not because of the allegations of domestic violence and so on, these unfortunately are par for the course.

Robert is going to face tremendous difficulties because he is simply an American and one from Florida at that and he will have to deal with the appallingly bad reputation that has been created by US officials in positions of responsibility that have failed to protect children in the past - in Washington DC and in Florida as well as on your doorstep in DeLand and DeBary.

Emily (my daughter) was taken 4 years ago with the assistance of the US Department of State based on claims I was domestically violent and they also made it a condition I was not to know where Emily was in the US (I have been repeatedly cleared of these claims by the courts and investigations)

2 months after being taken, Emily was put up for sale in WI and into the care of a convicted pedophile.

Emily was born with an eye defect which would render her permanently blind if untreated - she has received no medical treatment in the US and is now permanently blinded despite numerous British and US doctors advising treatment.

Emily has been moved about 40 times through 10 states in the US and was even missing and classified as endangered at one point.

VCSO Captain Osowski has falsified police reports while my PI observed the mother playing patsy with one of his Deputies in order to convince US Immigration I was a threat and a menace to the mother and my child, and was assisted in this by State Department officials in Washington DC who asked for my arrest in 2004 to stop court hearings in DeLand.

Even with a federal court order ordering my attendance in FL in connection with federal proceedings against the US Department of State - I am barred from entering the US for court ordered visitation with Emily (she was 5 yesterday) or from coming to court.

As for DCF....I have files and recordings that show they falsified their files, tapes of them telling me my daughter being given to a pedophile was a protective custody arrangement and that though Emily was treatable for her blindness this is not medical neglect as it is not life threatening.

What is upsetting is that this behaviour has been seen so many many times with European children and parents in the US and that it is causing a backlash - Robert will probably find his child and I will help him, but is he likely to get the child back, depends - and I have dozens of cases where perfectly good US parents lose their children because of poor official behaviour creating a terrible reputation for Americans that they simply do not deserve.

Emily and I will probably never see each other again no matter what Judge Doyle in DeLand rules if he ever has the chance to hear the case.

No Happy Birthday for Emily

"Ms Fuith Does Not Wish to Hinder Mr Hindle from wishing Emily a Happy Birthday"


Emily was 5 years old on March 1st, last Thursday - I went through my lawyer to see if we could speak to Emily to wish her a happy birthday and the response came back as follows from Ms Kim Bannister of Legal Services of Central Florida in Daytona FL attorneys for Sheila Fuith, which was emailed to me and I have cut and pasted verbatim:


"Karl: I’m going to type out Kim Banister’s response to our request for telephonic contact today:


It is unfortunate that Mr. Hindle has waited until the last minute to ask to speak to Emily for her birthday today. Ms. Fuith had already made plans for this evenings birthday celebration and will not be back at the house until late. Please provide us with alternative dates and times as Ms. Fuith does not want to hinder Mr. Hindle from wishing Emily a happy birthday.


In the future, advanced notice would probably result in a more favorable outcome for Mr. Hindle for any holiday/birthday telephone visitation requests outside of the agreed upon schedule, as Ms. Fuith does make plans for these special days.

I look forward to hearing from you soon on this matter."


Max and I did call, but we just got the answer machine - I wonder if Emily will get her presents from us this time around or will they end up "missing" like the Christmas gifts and cards we sent ?

Simply shameful Kim Bannister, I think you're a good attorney and just doing your job, but I wonder if you act like this with your child ?

To date Emily has had 5 birthdays and 5 Christmas' - we have only had contact for one of each very special occassion while there is no communication with Sheila at all - just a dark horibble nothing for no reason except to be cruel, vicious, vindictive no matter that it hurts an innocent child.

I came across a quote yesterday it goes something like this:

"Love leaves it's mark, Hate leaves it's mark but we choose ourselves which mark we decide to leave."

I love you Emily Rose and I always will.

Happy Birthday from all of us.

Daddy

Thursday, March 01, 2007

Happy Birthday Emily !

Happy Birthday Emily Rose


Last night Max and I spoke with Emily - she was excited with her news "Dad, do you know what day it is tomorrow? It's my BIRTHDAY !"

Emily is 5 years old today - another birthday that we will not be allowed to share with her nor her with us - but we love you darling, all of us, we love you very, very much.

Hopefully today, we will be able to speak to her on her birthday but I have to wait on the lawyers seeing if Sheila (Emily's mother) will agree.


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.