Something Worth Waiting For

It's just after 9.20pm and after a walk in the balmy evening air by the sea in down at heel Panama City, I now have my beautiful little girl curled up in bed and too excited to sleep.

Excitement must be genetic because exhausted as I am, I doubt I'll get any sleep for watching little Emily tonight.

For everyone I have met who is still waiting for their chance at what I have this evening - keep going, it's worth everything.

Into the Storm

It is a balmy 70+ degrees here on the Gulf Coast but very murky and overcast due to the storm moving through.

I had to perform a double-take on the clock as my watch said 4pm but local clocks said 3 - we have crossed a timezone as well and gained an hour here in Panama City.

We're all set for 8pm local time and hopefully collecting Emily for some visitation at long last.  We have a stack of presents and stuff for her and now the long journey is finally over (it is a 14 hour road trip and 900 miles) I'm just looking forward to seeing that cheeky, smiling face I have dreamed of so many times.

There is no news from the other side that anything has changed though I understand my online stalker, Angela Jackson has been active in claiming I'm about to kidnap little Emily - but then again, anyone believing a word she has to say after the last couple of weeks of her atrocious behaviour would have to be clutching at straws, or just downright manipulative in trying to engineer a reason for visitation to now not occur - I'm thinking too much but then I've sat in this same hotel room on two previous occasions here in Panama City and never got to see my precious little girl.

Third time lucky and at least the storm has passed - we are forecast sunshine on Monday.

Last Post Before the Off

At last I have finalised information for seeing little Emily on Saturday - my fiance and I head down on Friday for the 14 hour, 900 mile one-way trip to Panama City.

My confidence in whether there will be any visitation is not high - the track record is bad - no visitation for three long years.

I have very little doubt that something will arise at the 11th hour but there is no point in hoping for the worst - I'll be in Panama City for my 8pm pick-up for Emily and fortunately, Patsy (my better half) will be with me.

For everyone who has emailed me saying "Good luck" and variations on that theme - THANKS :)

Judge John V Doyle - Volusia County Florida

It has come as something of a surprise to me the number of hits to this blog I am getting with people searching on Judge Doyle in Family Court, Volusia County down in Florida.

I've had a couple of parents come forward to share their negative experiences of Judge Doyle who has recently been removed from family court and is now dealing with people arguing over money and not children.

One wag pointed out that at least he couldn't do so much damage there.

My recent dealings with Left Behind Parents whose children have been abducted overseas has rubbed in the ire some feel, particularly with Judge Doyle's comment,

"We're provincials in this county, we don't do the Hague Convention."

That has certainly gone down like the proverbial lead balloon, however, criticism of Judge Doyle seems to be not limited to parents dealing with international child abduction as others, who have had His Honor deal with their purely domestic cases have been coming forward.

A serving US Navy officer recounts Judge Doyle stating in his case dealing with two children,

"I can go down to the County jail and pick two inmates at random who would make better parents than you two!"

Praise indeed for someone in the military defending the country while his ex-wife is arrested for domestic battery upon her current (or not so current partner), loses the home to foreclosure while receiving $2,000 a month in child support and has a problem with drug abuse.

I had a response to my complaint regarding Judge Doyle from the Judicial Qualifications Commission - they want the transcripts of Judge Doyle's comments during trial.  

Hmmmm.

Is it worth spending another $100 on this guy?

Given the current focus on the Hague Convention and compliance with it by the likes of Brazil (see the recent article published here by Tim Weinstein), I believe it certainly is.

Lack of compliance with the law by family court judges is rife and when the Hague Convention is involved and one country (Brazil) is being asked to step up to the plate and comply with its obligations it is fair and reasonable that the other country (the United States) should be doing the same thing also.

Tim Weinstein is busy preparing his second article on the Hague Convention and his experiences with Brazil which I'm looking forward to and gauging the reaction to that, quite a few of you reading this are as well.  Another father, Carlos Bermudez from North Carolina and whose son, Sage, was abducted to Mexico is also preparing a piece on the subject which we shall be publishing shortly.

At the same time, I have written on Robert Skelton, whose daughter Marissa Joy Kvistad was abducted from Volusia County FL to Spain and thence to Switzerland while Ariel Ayubo whose son, Lorenzo, has also been abducted to Brazil has also deserved mention - both of these parents reside in Volusia County and both are relying on the Hague Convention to get their children back home to the United States.

Irresponsible comments and poor standards of judicial behaviour such as that displayed by Judge Doyle regarding Emily Rose do little to help the cause of any parent with a child taken overseas nevermind the two fathers with children directly from his own jurisdiction.  

It is obvious His Honor Judge Doyle has a set of domestic detractors but after he commented in trial,

"At my age all you I look forward to is a good nights sleep and a decent bowel movement."

I can only hope His Honor has that "decent bowel movement" before too long - judicial constipation is one reason why these cases drag on for far too long.

Countdown to Emily - 3 days and 4 nights

I'm still waiting on the my ex's attorney to give me a full address for where I'm supposed to collect Emily on Saturday at midday in Panama City FL.

I had a long heart-to-heart with my better half this evening because I said I didn't care about whether her principal would give her paid or unpaid leave - if you're coming, you're coming and if you're not, you're not.

That didn't come out right and reads worse than when spoken but still, it didn't come out right.

Truth is, as the time comes nearer and closer my emotions and nerves become shot and the only way I have found to contain myself and exercise the self-control so vital in these situations is to become cold inside - nothing else matters but the immediacy of getting the other side to finally agree - to jump through the hoops they want you to jump through - to get to where you must be physically and most of all, deal with the crushing disappointment when Emily is not there or control all your feelings of overwhelming love and emotion because remember, she's just a 7 year old kid caught in this horrible mom-made situation.

3 long years of not seeing Emily - not knowing her - not being there for her.

A FaceBook friend made a simple comment - 3 days to go - he knows me too well though we have never met.  

A vicarious acquaintance nodding in the direction of my vicarious child.

Daddy loves you Emily Rose - nothing vicarious about that.

Time to pretend life is normal for just a short while longer.

The Financial Cost of Child Abduction by Timothy Weinstein

Much is made of the emotional trauma for both parents and particularly the children involved; I have touched briefly on the financial cost myself from time-to-time, however, when I say the financial cost has been $450,000 and counting, disbelief has been a typical response.

The following is written by Timothy Weinstein, a father of two children abducted to Brazil and this is his take on the matter - I'd like to extend to Tim a personal thank you for having the backbone to write this for publishing and the piece may be used freely and reproduced with attribution - I trust this will not be the last time we hear from Tim.

The Financial Cost of Child Abduction

by Timothy Weinstein

Parental abduction in itself is a traumatic event for the left-behind parent. Brazil alone has over 50 cases of abduction from the United States representing over 70 children, my own two included. In addition to the emotional costs the left-behind parent must endure, one must understand the financial costs. 

Due to my personal experiences, this article will focus on Brazil. 

Consider the case of David Goldman; in the 4 ½ years since his son, Sean, was abducted, he has spent over $360,000 in legal and travel expenses. He is not alone and according to a December 27, 2008 article published in the Financial Post, “[Francois Larivee] has burned through $150,000, and still there is no end in sight.” 

Add to this list, Marty Pate who to date has spent over $135,000, Klaus Zensen who has spent $65,000, Alessandra Oliveira is at $30,000 and counting - and the list goes on and on. Yet not one of these parents has their child back home. 

From this, it appears rather obvious that the only people winning are the attorneys.

At least one parent, Gary Reilly, whose twin sons were abducted to Brazil in April, 2004, never petitioned for the return of his children due to the perceived cost of litigation. As told in a thread on BringSeanHome.org, when he consulted an attorney, “He also told me that if I went to court, be prepared to pay a minimum of at least $100,000, before anything was decided.” A different attorney in Brazil, when asked what it would cost to present in court a Hague Convention case, quoted $30,000 plus another $20,000 if the case was won. When asked if the definition of winning meant that the child was returned, the answer was “No”. Winning simply meant that the first judge ordered the return of the child, not mentioning the likely rounds of appeals. 

How tragic it is that a lack of money rather than a lack of love could keep a parent from their child.

There are certain legal strategies of use to help alleviate the costs of expensive litigation related to a petition under the Hague Convention on the Civil Aspects of International Child Abduction. One such strategy is to sue the abducting parent (and any accomplices) in the United States courts. If you're lucky enough, they may have assets you can retrieve. Related to this strategy, David Goldman reached a settlement with his child's grandparents for $150,000 - a lot of money until one considers that he has spent over twice that so far in litigation. Another father, Marty Pate, was awarded $65,000 in U.S. courts, an amount unfortunately, he'll likely never see.

This situation may have changed with the Shannon-v-Khalifa precedent who was awarded a massive $3 million jury award upheld on apeal last year, yet the sting in the tail is there are no US assets to make the judgment work; the children are gone and remain overseas with no contact with their father.

It doesn't have to be this way. 

According to Article 26 of the Hague Convention, 

“Central Authorities and other public services of Contracting States[think country] shall not impose any charges in relation to applications submitted under this Convention. In particular, they may not require any payment from the applicant towards the costs and expenses of the proceedings or, where applicable, those arising from the participation of legal counsel or advisers.” 

Although it allows a Contracting State to make a reservation when it accedes to the Convention, thus removing itself from this obligation, Brazil has not. 

Article 26 continues by stating, 

“Upon ordering the return of a child or issuing an order concerning rights of access under this Convention, the judicial or administrative authorities may, where appropriate, direct the person who removed or retained the child, or who prevented the exercise of rights of access, to pay necessary expenses incurred by or on behalf of the applicant, including travel expenses, any costs incurred or payments made for locating the child, the costs of legal representation of the applicant, and those of returning the child.”

What does all of this mean? 

First, a left-behind parent may request an attorney from the AGU[think attorney general] in Brazil. In this instance, the Brazilian government itself becomes the plaintiff and assumes the legal fees. I, along with others, have used this arrangement, leaving precious financial resources available for travel and other expenses rather than legal fees. There are both advantages and disadvantages to this arrangement, but I'll leave that to another discussion. 

Second, it allows the left-behind parent to sue in Brazil for all costs they incurred in the fight to have their child returned to his or her habitual residence. This however is predicated on the Brazilian court system first ordering the return of an abducted child, something they have done only once so far to the United States.

Where does this leave us? 

Back to the first sentence of this article. While international child abduction is an inexcusable tragedy with a huge emotional bill, averting the financial cost is possible, however, it is highly problematical and there is no help with a large part of the overall costs which are not legal related - travel, accomodation and simple living expenses - and this assumes you know where your child is to start the process in the first instance.

©Timothy Weinstein 2009 – Fair use and reproduction is permitted with attribution

If you wish to contact Tim please drop me an email.

Hague Convention Compliance - Brazil in the Spotlight but Where Will It Lead?

One of the major issues falling out of the numerous international child abduction cases washing around the global media is the non-compliance with the Hague Convention treaty which governs the process surrounding children subject to removal to foreign countries from their habitual state of residence.

Sean Goldman retained in Brazil

A key current case is that of Sean Goldman, wrongly removed from the United States to Brazil and now, after the unfortunate demise of his mother, Bruna Bianchi, is continuing to be retained in Brazil by his step-father, Jaoa Lins e Silva - a prominent Hague Convention lawyer himself (and who ought to know better).

 The international media attention that is currently focused on Sean Goldman and his American father, David has been immense and the ripples it is creating have travelled far beyond one isolated case as the Bring Sean Home campaign has touched on dozens of other cases of children being retained in Brazil.

To the credit of the Bring Sean Home camp, they at least have refrained from descending into the xenophobic hysteria that frequently accompanies these cases and instead, have sought to focus on increasing diplomatic, legal and public opinion pressure on the Brazilian authorities.  The focus is on the non-compliance with the Hague Convention treaty by Brazil which is a very fair comment - Brazil has an appalling record not only with regards to the US but elsewhere as well.

Brazilian Non-Compliance towards the United Kingdom: Rebecca Boyle

Last year, Professor Martin Boyle was imprisoned in a Sao Paulo when his daughter, Rebecca was abducted there from the UK.  Upon arriving in Brazil determined to be reunited with his daughter he was thrown in jail for allegedly owing $7000 in child support and when that was then paid the Brazilian authorities then demanded a further $30,000.

Boyle returned to the UK minus his child and hasn't been able to see her since and no amount of Hague Convention quoting has done anything noteworthy.

Why is Brazil Non-Compliant?

What makes a country such as Brazil non-compliant?  

Brazil is not exactly a backwater - the world's ninth largest economy and a close trading partner with the US as well as many cultural links as well as being a staunchly Catholic country - Brazil is not exactly Somalia or Afghanistan in outlook or approach.

The cultural divide can still be huge - there is a fantastically immense gap between the have's and the have not's in Brazil and poverty is rife.  The BBC reported back in 2006 on the "kidnap culture" finding root in Brazil with high profile personalities being affected such as Grafite, a soccer player who's mother was a target.  Businessmen commute by helicopter while millions live on the threshold of starvation.

There is also the arrogance and hubris of those with too much money - Jaoa Lins e Silva is a wealthy man and from a wealthy background and is indubitably one of Brazil's elite few.  As a leading Hague Convention lawyer he is only too aware of the wrongful nature of his actions in retaining Sean Goldman which makes Brazilian non-compliance even more egregious - there is no excuse and the conduct is further stripped bare as simple, naked contempt for international law.

The saying is power corrupts and absolute power corrupts absolutely, and in this instance it is highly applicable but have the abductors gone too far this time?

It is one thing to be a big fish in small pond but even big fish get eaten in the ocean while the United States steps up the pressure on Brazil to return Sean Goldman home to his father in America.

Parents of Other Children Abducted to Brazil Look for Hope of Change

Parents such as Timothy Weinstein, another US parent with two children in Brazil and Canadian, Francois Larivee wih a five year old son abducted from Quebec to Brazil also, can only watch the Sean Goldman case unfold along with dozens of other parents with children in the same non-compliant country with hope.

Ariel Ayubo is a quiet, reserved man from Edgewater, Florida who travelled to Washington DC to support David and Sean Goldman a week ago - his son, Lorenzo was abducted to Brazil last year in defiance of Floridian and US law.  His son in Brazil, Ariel has so far seen no progress on recovering or seeing his child in Brazil and this quiet, patient and loving father made the thousand mile roadtrip to DC to let his voice be heard - once he had spoken, he quietly left to drive overnight back to Florida and of all the people I met that day, he left the greatest impression upon me.

The pain Ayubo is handling with quiet dignity belies the emotional trauma these parents are suffering, and suffering quite needlessly at that.  The cases of dozens and hundreds of other parents with children caught up in this international web demand the same efforts at resolution as Sean Goldman's case, but as Maureen Dabbagh, the head of Parent International and whose own daughter Nadia was abducted 15 years ago has said, "We can only try to bring them home one at a time."

For parents such as Carlos Bermudez, site owner of Hague Abductions whose son Sage has been abducted to Mexico notes, "It is not just the Brazilians!  When you look at the numbers of children abducted to Mexico it almost dwarves the numbers of children taken to every other Hague country."

Perhaps this is what the Sean Goldman case has done - catapulted the entire issue of international child abduction into the eye of the public, and as is usual with such issues, as one set of injustices is uncovered, more follow but that is a post for another day.

Visitation - Finally?

Well the recent legal shennigins seem to have had some impact - I have been offered visitation for Spring Break which for Panama City will be next week.

I'm waiting on the final details to come through which seems to be focusing on getting a precise address for where the visitation handover is to take place - it's been almost 3 years!

As with everything else, it may be third time lucky -this will be the third trip to PC to see Emily and I'm trying not to get my hopes up as my other half says, 

"I know you'll be getting to drive to Panama City at least!" 

Talking with my son, Max, yesterday as we played the online computer games he's so into, the conversation went something like,

"Come on Dad  - you're slow - shoot him!  Do you think you'll get to see Emily?"

"Don't know son - we just have to try."

"You'll need to try harder than this Dad - you're useless!"

See - there's also a silver lining in every cloud as luckily for me, getting to see Emily is not a computer game requiring the mental and manual dexterity of a 12 year old - but I bet a 12 year old could straighten this mess out better than the adults involved so far.

Take a deep breath and now the waiting and build-up are going to start which I personally find murderous on the nerves - will I or will I not finally get to see my beautiful little girl?

Emily: "I went to dinner with my Daddy!"

After the weekend in Washington DC and the rally for Sean and David Goldman it has been back to earth with a bump.

Relaxing Sunday evening, the telephone rang and Emily's beautifully, indignant voice - "It's me!"

We spoke and it was fantastic listening to her tell me about her day and going to church with her "grandma" and I thought immediately, "Your grandma lives in Wisconsin?" and then an icy hand reached up through my balls to my heart as Emily told me:

"I went to church dinner with my Daddy!"

I spoke with Sheila afterwards and asked her what was going on with Emily calling someone else Daddy - all I got was, "I have every right to have a boyfriend." as if that answered or justified doing this with Emily.

The boyfriend may be a nice guy (I hope he is) but Emily Rose has a father and it isn't him - 

I am Emily's DADDY!!!

Bring Sean Home Rally - Washington DC

A dreary rainy day which reminded me of English weather so very much but also a heart warming day too.

I met up in DC with about hundred, maybe two hundred supporters and family members of Sean Goldman as President Obama and President Lula of Brazil met in the White House - it is easy to see why this team has made such an impression on the so far unimpressionable media and political influencers when international child abduction raises its nasty head.

They are organised, motivated and deeply committed - David is fortunate to have such an outstanding network and Sean is very fortunate to have such a father prepared to go through this nerve shattering torture.

The spirit was undampened and I was not the only other parent to have made the journey as I met several parents, mostly fathers, with children abducted overseas and many of them to Brazil.  It came as a continued surprise for many people as they came to understand that this is not simply a "problem" with Brazil and the US but the problems extend much wider around the globe.

I chatted briefly with Congressman Chris Smith who has been instrumental in the political aspects of this campaign and when I explained Emily had been taken from the UK to the US his first question was what had my experience been with the US authorities.

I told him - appalling.

Very tellingly he was not surprised.

His chief of staff all but snatched the folder of paperwork I had brought with me to look at what had been going on  - even better, I understand there will finally be Congressional hearings on the whole shooting match.

How does this leave Sean and his father, David Goldman is uncertain but I get the distinct feeling that some impetus is being added to the whole issue and the press certainly were there in force too - if any court is going to decide sean's fate it is most likely going to be the court of public opinion in Brazil and the United States.

I'll publish some of the photographs when I can get my digital camera to behave but for more information on the sean Goldman case visit www.bringseanhome.org and even better, sign up and help with your voice and petition votes.

Sean Goldman Abducted to Brazil - Rally in Washington DC

In 2004, Sean Goldman was abducted to Brazil from the United States by his mother, Bruna Bianchi Goldman leaving behind David Goldman, a boat skipper, model and one of those most stubborn creatures - a loving parent not prepared to take this lying down.

David Goldman has since fought for the return of Sean, for many years alone and navigating a Brazilian legal system not noted for its quality.  

Throughout, his access to Sean was blocked by Bruna until a turn of events brought even greater injustice for Sean and David Goldman.

Bruna married an attorney in Brazil, Joao Paolo lin Silva - after Bruna had unlawfully received a Brazilian custody order for Sean - this case was one of many on the way to being brushed under the international diplomatic carpet until Bruna tragically died in 2008 in childbirth.

At this point, some sense of lawful reason ought to have prevailed and Sean, who already should have been returned to the US by Brazil if the Hague Convention had been observed, was retained still further as his step-father, lin Silva now claimed Sean as his son leaving David Goldman, the real father out in the cold.

A group of friends and supporters found out of the situation and launched a campaign to bring Sean home to the United States and reunite him with David. A campaign that has reached mainstream media and national attention in the United States and which will culminate in a rally this Saturday at 2pm outside the White House as President Obama meets with President Lula of Brazil.

Sean Goldman is not going to be getting on a plane home that day, however, President Lula cannot be left in any doubt that Brazil has behaved atrociously in this matter and for 5 years where has the much vaunted Office of Childrens Issues at the State Department been?

This is a case which on a personal level angers me deeply - Brazil knows better.

Sean and David Goldman's case also causes me a degree of consternation with respect to Emily - the plight of the Goldman's is causing heads to turn and long overdue attention but where is the same level of outrage as Emily was removed from the UK by the US Embassy, hidden in the US by the same people tasked with resolving Sean's abduction, left to go blind, given to a pedophile in the adoption effort in Wisconsin or when I was jailed at the request of Barbara Greig at the State Department?  

Whatever my feelings of disgust with the US Department of State, I'll be there on Saturday at the White House to give my support to Sean and David Goldman - the individuals, and especially the children who get caught up in this mess need all the help they can get from wherever they can get it.

If you are in Washington DC or can get there the meet-up is Lafayette Park opposite the White House on Pennsylvania Avenue - a platform will be set up and the rally starts at 2pm.

See you there.

Long Awaited Phone Call

I was sitting watching something on television when the phone rang yesterday evening - a little voice said, "It's me!" and for the first time since trial last year in May, Emily and I were able to talk to each other.

Emily turned 7 last weekend, though we didn't get to talk then, and we had a lot to talk about with her birthday presents and what she got and how she loves books and is good at art at school.  Just letting her talk so you can hear that beautiful little voice of hers but my hearing is going and I strained to pick out her words through her accent.

I'm not going to let the legal BS that is going on cloud a few wonderful moments with Emily, albeit on the telephone; I finally got to speak with my beautiful daughter and I am all the more determined I am going to get to see her soon.

Her mom still will not pick up the telephone and talk to me though.

No matter, I spoke with Emily and she is the one I care about.

The Law Turned Upside Down - Emily's Dad Sued for Visitation Contempt

I opened my mail yesterday and received a note from the court - I must attend a hearing in Volusia County Court to answer a petition from Emily's mother for violating the visitation order.

I don't know what is going on because I've not been allowed to have my court ordered visitation by Sheila and have received no filing or notice from her.

I'm still waiting to hear from the court on my request for hearing time for not being allowed to have visitation with Emily last Thanksgiving and Christmas as ordered by the court nor on this occasion when I am in the US and have given notice.

I'll be heading down to see what is happening but there is no danger of being held in contempt for failing to pay child support as I am current with the court order.

This is just turning everything upside down - I can't get to see Emily because her mom says no, refuses to cooperate or communicate and calls the police if I turn up in the country and yet I have to drop my life to go to Florida to explain why I have not abided by the visitation order?

 

Deputy Doug Smith - Bay County Sherriff Call

Yesterday I posted on how I am back here in the United States and continuing efforts to contact Emily's mother to arrange visitation.

My telephone messages left on the answering machine have provoked a response - I was telephoned last night by Bay County Sherriff's officer, Deputy Doug Smith - Sheila is once more complaining of harassment and stalking.

Unlike the miscreants down in Volusia County (Captain Alan Osowski et al), Deputy Doug Smith seemed reasonable and advised he was simply filing a report and not proceedings with taking Sheila's complaint and was helpful even to the extent of offering the report number so I could use it in  court in future.

What get's my goat is the fact it is a criminal offense to interfere in visitation here in Florida BUT unless the judge does anything about it, the police either will not or cannot.

In other words, Sheila can quite happily carry on breaking the law and behaving criminally and nothing will be done by anybody - but woe and betide you Karl, if you call and ask to discuss visitation!

That requires a police response - I think we are now over the 300 mark for the number of times Sheila and her sisters and friends have called the police out on me but I remember the quizical response of Deputy Smith from last night when he asked me where I was; "Virginia." - given Sheila is 850 miles away in Florida I think Deputy Smith  understood only too well he was on a Fool's Errand.

Visitation January 2009

Here we go again!

I'm back in the US trying to arrange visitation with Emily's mother but again this is problematical as she won't respond to letters, emails through her attorney nor telephone messages on her answering machine.

I'll be heading down south this weekend and hopefully something will happen but other than turning up and trying to find where Emily and her mom are at this is nothing more than making the effort.

No point in getting down in the mouth about it because there is some "good" news too.

Judge Doyle has been moved out of the family court and we have a new judge, His Honor Judge Rowe.  

Meanwhile, the appeal carries on and a formal complaint has been filed with the Judicial Qualifications Commission regarding the failures to protect Emily from the medical neglect that has rendered her blind in the right eye.

For the serious readers (and insomniacs) amongst you here is the text of the complaint:

Judicial Qualifications Commission 
1110 Thomasville Road 
Tallahassee, FL 32303 

28^th January 2009

Dear Sirs,

Judge John V Doyle – Volusia County Circuit Court, DeLand

I am a party in a family law case involving a minor child Emily Rose Hindle (Case Ref: 2003 12692 FMDL and now subject to appeal in the 5^th District Case Ref: 2008 50451 APFD).

After discussing this case with Congressman Mica’s offices, I write to formally complain of the conduct of Judge John V Doyle in Volusia County Circuit Court, DeLand.

The child was born in the United Kingdom and removed to the United States by her US mother in February 2003.

The child was concealed in several US states until the English court ceased jurisdiction over the child and issued a parental responsibility order to myself.

Mother voluntary returned child to the UK whereupon the British police removed child from mother and gave her to father.  The mother had attempted an unofficial adoption of the child in Wisconsin, placing her with strangers and also into the care and contact of a convicted child sex offender, Leslie Merriam while also denying the child medical treatment for an eye condition rendering her blind in one of her eyes.

The mother invoked the Hague Convention on the Civil Aspects of International Child Abduction 1980 and claimed to have been resident for at least six months in the state of Florida.  In the absence of any rebuttal evidence, the British court accepted the mother’s representations and sent her and the child to the state of Florida in October 2003 with orders for the child and her protection issued under this international law; notably dealing with the medical issue and ordering treatment for the little girl.

Sir Justice Johnson, a High Court judge sitting in London stated:

“It is inconceivable to me that an American court will not enforce this order for medical treatment.”

I filed proceedings in Florida in November 2003 and despite visa difficulties created by the mother and her attorney in Florida claiming domestic violence and sexual abuse of children (subsequently disposed of in favor of the father) I was able to enter the US and attend Florida court hearings in April 2004.

At this time, it became apparent to Judge Doyle (the presiding judge) that the mother had not been in the state of Florida for six months as she had claimed in the British court but in fact had been in the state for approximately six weeks.

Nevertheless, Judge Doyle claimed jurisdiction and has continued to claim jurisdiction on the basis of the mother being resident in the state for 6 months prior to filing of proceedings which His Honor is and has been aware, was untruthful. Jurisdiction in Florida was claimed to exist as at 19^th September 2003 in London – in any event the mother did not reside in the state until around July/August 2003 per her answer to the initial petition.

Complaint One: Judge Doyle has unlawfully retained the child in the state of Florida and unlawfully exercised jurisdiction in this matter and conspired with the mother in a fraud on the British High Court after the fact.

The initial Florida filing was in November 2003.

Hague Convention requirements state that the receiving court will be “prompt and effective” in issuing and enforcing orders in the interests of the child.

I understand Florida state guidelines for disputed custody disputes are 6 months.

A final judgment was rendered by Judge Doyle in October 2008 some 5 years after initial filing of the case.

Judge Doyle has been extremely slow and dilatory in his management and handling of the case which has directly harmed the child i.e. blindness and loss of relationship with father.

The child was 1 year old when she was sent for hearings in Florida in 2003.  The child was sent with an order for medical treatment to be provided for her eye condition; the condition is amblyopia and required treatment prior to reaching age 3 years or the condition would become permanent.

Nine British and US doctors have recommended treatment and it has been ordered by the British High Court under international law – the child requiring treatment before reaching age 3.

Judge Doyle has repeatedly dodged and evaded the issue of the child’s medical neglect and refused to allow her to return to the UK for medical treatment which she qualified for as of right under the UK socialized medical system but then remained silent on treatment for the child in the United States; effectively allowing the child to become permanently blinded in her right eye and in defiance of international law enacted and acceded to by the Congress of the United States.

Judge Doyle in open court on May 23^rd 2008 stated:

“We don’t do the Hague Convention here, we are provincials!”

At a prior hearing in May 2005, Judge Doyle after hearing that the treatment required was simple patching of the child’s eyes stated words to the effect that:

“A patch? A patch? That does not seem important to me.”

Judge Doyle refused to review the medical reports of several British and US doctors regarding the treatment for the condition.

The child is now permanently blinded in her right eye and has received several examinations in Florida but no medical treatment for the condition and no enforcement of the order for her protection.

Further, the mother absconded with the child out of state in January 2005 and the child was subsequently classed as “Missing and Endangered” by FDLE and registered with the National Center in Washington DC as well as Interpol.  Despite this, Judge Doyle repeatedly evaded issuing a pick up order and change of custody for over a year – something the father believes would not have occurred if he had been an American father instead of British.

Complaint Two: Judge Doyle has willfully ignored the order of a superior court (the British Supreme Court) acting under international law binding on the United States for an order for the protection of the child resulting in the child becoming permanently harmed i.e. blind in the right eye.  It should be noted Judge Doyle has remained silent on the medical neglect and eye condition, even in the final judgement.  Case law exists where a child neglected to the extent of blindness in an eye resulted in termination of parental rights and further demonstrates the bias and prejudicial conduct of Judge Doyle.

On another occasion in February/March 2006; the mother accused the father of serious sexual assault of the child shortly after being found guilty of criminal contempt of court for absconding with the child out of state but withheld punishment.  This was the second such instance by the mother against the father, earlier having accused him of making child pornography with his children in the UK (both sets of allegations were found by law enforcement to be false allegations made by the mother).

My attorney attempted to enter into evidence before Judge Doyle, the mother’s handwritten statement of complaint regarding the sexual abuse allegations along with reports of the Child Protection Team comprised of Carol Polzella of the FL State Attorney’s office which concluded the child (then aged 3) was being coached by the mother, however, Judge Doyle refused to allow my attorney to enter it and made him sit down.  Immediately prior to the commencement of the hearing, judge Doyle removed the DCF investigator who attended the hearings that day and was available to give evidence in the matter. Judge Doyle then went on to accept the mother’s denial that she had made the sexual abuse allegations and continued to refuse to sanction the mother for her conduct.

Further, at final hearing held in DeLand on 23^rd May 2008, the mother produced discovery which was obviously incomplete and my attorney requested a continuance and also because some of the evidentiary materials collected over the five years or so of this matter were still in transit from the UK.

Judge Doyle refused the continuance and threatened to invoke a rule that I was coming to court with unclean hands.  He further went on to chastise my attorney and I, stating that amongst other things I had violated the laws of the United States (to wit the Hague Convention proceedings in London) and I “..should spend some time in jail to straighten him [me] out!”.

Judge Doyle further went on to state that my attorney had only the day for the whole case to be heard, that he was ruling that day and that if we did not present our case and leave sufficient time for the mother to present her side His Honor would automatically rule in favor of the mother.

Five years of depositions, tape recordings, witness statements, medical evidence, child support payments, the efforts of international law enforcement and the British government and many other matters were unable to be presented to Judge Doyle who in many instances, would simply not entertain the notion of hearing them.

In any event, His Honor did not rule on the day of trial because His Honor was unable to stop the presentation of papers from the mother and her attorney to the US government requesting denial of entry to the United States for court hearings and court ordered visitation and also for the successful request for the arrest and deportation of the father in May 2004 – at this point Judge Doyle reversed himself and refused to rule on the day as he stated he would do.

A ruling did not appear until October 2008 which completely ignored the evidence of neglect and abuse of the child, the level of false allegations and complaints raised by the mother (over 200 police complaints and 5 major police investigations by British and US law enforcement, two of which were for serious sexual assaults on my children); the appalling record of non-compliance by the mother with British and Floridian court orders and the ruling gave primary care to mother with another visitation order to father.

Further, this child was missing and endangered for two years after mother absconded out of state.  The father had voluntarily paid child support when he had knowledge of where the mother and/or the child were at (the two had not always been together per depositions) – judge Doyle ignored and refused to look at child support payments including those the mother had testified in deposition to receiving.  The judge also made no account of the fact that the child had been missing and endangered for two years, now for the time spent in immigration detention at the hands of the mother and her attorney, nor for the extended periods of time he has had to be present in the state of Florida and legally not allowed to work due to immigration law.  Judge Doyle issued a blanket back-order for support for 5 years and assessed some $30,000 in arrearages with no allowance for any of the above and no hearing of the matter.

The trial was described after the event as “The most bizarre hearing I’ve ever seen.” according to the attorney for the mother, Ms Kim Bannister.  My attorney, Mr David Ferguson, considers the judge to have been wholly unfair and feels Judge Doyle had made his mind up years ago and will not change it no matter what is presented in evidence.

The final order is now subject to an appeal in the 5^th District Court of Appeal while the mother continues to refuse to comply with orders of the court for visitation and contact.

Complaint Three: Judge Doyle has demonstrated a consistently prejudiced, biased and dogmatic approach which has no regard for the fair application of the law and has caused harm directly to the child and to myself.  Florida factors for determining primary residency have been completely ignored, the mother clearly losing on all of the factors excepting length of time the child has been in her care and that only because of her willful contempt of court orders which continues to this day – the child and I have not had visitation, despite court orders, since May 2006 and there has been nor do I expect, any enforcement from Judge Doyle or the court.

Complaint Four: Examination of the court docket will indicate numerous hearings and continuances.  Judge Doyle has made no allowance for the limited time I have been allowed to stay in the United States due to the visa issues created by an officer of his court and the mother nor for the urgency with which the proceedings should have been treated.  I believe it is reasonable to conclude that Judge Doyle deliberately slowed the proceedings down in an effort to stop the proceedings from coming to full trial and to deny relief for the child.

Complaint Five: the costs of these proceedings and this international game of “cat and mouse” have been extortionately high – the father has expended in excess of $450,000 – in large measure due to the extremely slow pace of the trial judge.

Summary

This is a summary of almost 6 years of shameful and shambolic conduct by Judge Doyle in Volusia County Circuit Court.

A child blind in one of her eyes for the sake of a 50 cent eye patch for a few hours a day before she reached the age of three.

A child and father who had a deeply loving bond, separated at a formative and most important time of the child’s life and left unprotected against the determined and evil efforts of one parent to destroy the loving bonds between them including the coaching of the child in making sexual abuse allegations against the father and which has been left unpunished and ignored by the court.

That the Floridian judge has behaved dishonestly and dishonorably in retaining a child who only landed in Florida by virtue of a fraud on the British High Court.

An egregious and embarrassing example of what the international community under the Hague Convention can expect for children sent for hearings to determine their future in the State of Florida – a set of “provincials” who “do not do” international law because, as in the words of Judge Doyle, he would rather, “Have a good nights’ sleep and a bowel movement!”.

I sincerely request an investigation is conducted into the conduct of Judge John V Doyle.

 

Respectfully yours,

 

A Rainy Day in Georgia

We travelled up from Florida through the cotton fields and misty lakes of Alabama and on into Georgia and the rain soaked wasteland of Atlanta.  

Emily should have been at the Winn-Dixie on Beck and 23rd in Panama City at 10.00am but Sheila did not show nor was there any contact yet we drove over 800 miles to get there from Richmond, Virginia.

So far this week we have covered over 2,500 miles and by the time the trip is finished it will be over 3,000 but no Emily at the end of it.

I'm holed up in a motel in Georgia after meeting with Dave Thelen from the Committee for Missing Children last night; I'd spoken with him many times on the telephone over the years but this was the first opportunity to sit down with him and share that beer we had been promising each other for four years.

His grandchildren were staying at the house and his eldest grand-daughter and I played Wii bowling and true to form I showed absolutely no mercy; yes I know you're very cute but I have been well trained by my eldest daughter in the UK and trust me, 6 year olds cannot be shown any mercy nor trace of weakness!

Playing with this beautiful little girl, she reminded me constantly of what Emily and I were missing; they are the same age, the same colour of hair and I have no doubt, the same infectious laugh and demeanour that all little girls have and especially in the eyes of their fathers.  

I have very mixed feelings; depressed because Emily and I were not allowed to see each other and yet, I also believe this is the start of another road to demonstrating why Sheila should not be allowed to have primary residency of Emily.

No sooner had I arrived in Panama City than Sheila and her sister, Debbie Martin commenced calling the police claiming threats and harassment.  Patsy and I actually went into the police station in order to collect any police reports that had already been filed; several had been filed dating back over a year and less than a day despite this being my first visit to Panama City and as luck would have it, there was Sheila's car in the lot because she was in the station filing yet another.

I'm going to kidnap Emily, I'm violent, I will abuse Emily and on and on and on ad nauseum this goes.

The police are powerless; court orders have less value than the used toilet tissue flushed down the bowl each morning and the calendar continues to count down the erosion and destruction of one of the two most important relationships Emily can have in her childhood; a relationship with her mom and with her dad.

I'm all out of emotion, it's time to just become ice inside and not feel the pain or distress; it won't help Emily and it won't get me to where I intend to be; playing with a rumbunctious little cheeky-faced girl who squeals when she gets a strike on the Wii.

Meanwhile, Georgia needs the rain because it will hide my tears if I give in to my feelings.

North Carolina en route to Florida

It's early Thanksgiving morning on a frosty, chill mountain in North Carolina; as cold as I feel inside while the emotion strives to make itself felt causing the occasional but momentary loss of self-control.  I'm on the very edge of being able to see Emily again though how many times have I been in this position only to be disappointed?

This is my third trip to America this year.

I have a rest stop halfway between Virginia and Florida as I drive down to the Pan Handle for the second time hoping to see Emily for the first time in far too long.

My first trip was brief; a couple of days to visit school and unblock the hanky panky with the administrator whose justification for not allowing information on Emily's education was, "Your old orders were out of date."

A ridiculous excuse particularly as court orders do not have a "Sell By" date.

Though previously advised of my visit. my presence was clearly unexpected. Never have I seen someone act so much like a guilty puppy next to a pile of poo as the administrator; clearly she has been wrong footed by Sheila with the tales of woe other staff members advised they had been told of; there was material in the school file, which I believe has been filletted, and most of all there was a name that should not have been in it: Barbara Greig of the Office of Childrens Issues, US Department of State.

It is obvious Sheila has been up to her old tricks again both with school and the local police; while in Panama City there was a flurry of activity with the local police flooded by complaints from Sheila that I was going to abuse Emily and was harassing her.  The school file contained material from the Salvation Army domestic violence shelter in Panama City and Patsy commented on this, "Why is she staying in a shelter in Panama City when you're in the UK?".

All I can reply is, "It's what Sheila does; she treats them like hotels."

Patsy and I discussed the sheer cost of all of this; how much taxpayer money has been spent on protecting "poor" Sheila; the cost is enormous in terms of man hours spent by the various agencies involved.  As Patsy observed, "Typical of the States, Sheila will get everything for nothing while she behaves like a criminal and we have to pay taxes to foot her bill!" 

Sheila has learned nothing from this; court orders mean nothing and while Judge Doyle acts as part of her legal team, why should she change her behaviour; more pertinently, while so many agencies, such as Bay County Schools, refuse to comply with court orders why should she.

While visiting Panama City police station to collect police reports Sheila has filed, we noticed her car in the lot; I enquired and yes she was in the station and a Sergeant came out to see me in the foyer.  I've noticed that the Panama City PD are not so motivated by Sheila's, "I'm a victim!" performance as Captain Oswoski and Volusia County Sheriffs Office, and I watched a bravura example of pragmatic and practical policing as I sat across a table from Sheila and arranged a 10am pick of Emily for Friday morning.  

I won't name the police officer as much as I'd like to, however, he did a sterling job.  Thank you!

Panama City PD are in a spot they do not deserve; not least they must be wondering who the heck this English guy is dropping in on their patch.  I detect from their behaviour a degree of unsureness; the court orders are clear, "black and white" according to one officer, but is it a civil matter and none of our business?

My position is straight forward; if Sheila does not comply with Judge Doyle's order for visitation I will complain to them for criminal interference in visitation - if they don't accept this I file in Federal court because this is a criminal violation.  If Sheila or her proxies file anymore complaints against me, Panama City PD will have a choice of arrest and charge me, and then I will file in Federal court or, if they agree the complaint is unfounded, they must charge Sheila and her proxies filing the nonsense or again, I will sue Panama City PD for not taking action in respect of continuing criminal behaviour.

I was told by a good lawyer some time ago that an honourable man asks once and once only for satisfaction; if unsatisfied you go to court and seek satisfaction there; my regret is Volusia County Sheriff and Captain Osowski are not on the receiving end of this; dishonest, dishonourable and deserving of serious sanction but bad guys do get away with bad behaviour from time to time.

Panama City PD will get the message and the penny will drop; I'm not going to put up with this nonsense any longer and a federal subpoena works wonders while demonstrating that for all the discretion exercised at county level together with the attendent abuses, the United States is still a country under law.

Filing for Appeal

After all the hanky panky and the initial shock of receiving Judge Doyle's final ruling, which I expected but nevertheless it still has had an impact on me, I am now filing for appeal.

At last I'm going to get another judge to look at this mess and we'll see if that is going to result in a change in attitude towards Emily and my request for relief.   Still, after 3 months in America this year, there has been no visitation with Emily and no telephonic contact since May but her school have acceded to the orders and agree I am to be allowed information on Emily's schooling - Sheila had told them I had been ordered to have no contact - yet another make believe lie.

I've had some emails and calls from friends, family and others following the case asking what I'm going to do next.  

The answer is simply to proceed with the legal process and appeal but unlike 5 years of obfuscation in trial court, the appeal court seems to act extremely quickly so my energies are now focused on the working as hard as possible, getting as much money together as possible and working out the appeal process and as they say in Floridian parts, "Git 'r' Dun!"

As ever, if at first you don't succeed, try again.

Cheque Book Journalism

While I was in the US on my last trip, an ex-girlfriend, ticked off at me, decided to try to see if a quick buck could be made out of the situation with Emily.

Email Here

Some of you may recall Angela Jackson, a Scottish mother who had two children abducted to Texas and finally recovered them to the UK only for the children to return to dad where they now live.

A reporter, Steve Smith covered the story and saw an opportunity to capitalise on the situation with Emily and my private life.

Email here

Steve Smith offered money for a "kiss and tell" story through Angela Jackson and asked for photographs and so on to be obtained.

My ex-girlfriend, Deana Brown obliged and stole photographs and papers from my home to which she had access while I was away.

In the meantime, my family, my current girlfriend and professional contacts as well as myself have been bombarded with harrsassing phone calls, emails of the vilest kind and a host of allegations of fraud, domestic violence, alcoholism and so on and why the hell are Barbara Greig and Dr Jill Jones-Soderman involved?

The photo of the unfortunate woman above was sent by Jackson et al claiming to be an old girlfriend of mine and this is what I did to her - except I don't know her and the photo has been traced to a domestic violence website here

I am sick of it.

A journalist, Steve Smith, offering money in an attempt to fabricate a story where none exists.

A former girlfriend, Deana Brown, who is ticked off because I have moved on.

A mother, Angela Jackson, who was helped to get her kids back and thinks she is hard done by because she lost her custody battle in Scotland and feels everyone should be miserable as well.

I am sick of the efforts to involve my ex wife and my children in the UK by these three.

I am sick of the threats to contact my girlfriend's employer with "information" on me.

I am sick of the dishonesty and deceit while a "real" story - how a little girl can be torn from her family, sent to a foreign country to go blind, to be placed up for sale/adoption and placed into the care of a peadophile, to go missing and be endangered, to be treated so horribly is not newsworthy while "boy meets girl, boy dumps girl, boy meets new girl" is such hot stuff.

I am sick to my stomach with how low people can descend for money. 

Judge Doyle's Ruling

I have spoken with my attorney and the ruling is that Emily stays with her mother, I get visitation and a $29,000 child support bill.

Visitation has been ordered back in 2004 however Emily and I last saw each other in May 2006 so you can make your own mind up as to what that is worth.

Everything else that Sheila has pulled is "in the past".

At times like this, life can really strike you as being horrid but, and it is a BIG BUT, I personally believe that every single day I am above ground and sucking down oxygen is a good day.

Now I have to move forward with an appeal and at least we have this out of Judge Doyle's hands.

Just remember, all of you who are in a position where you can't see your kids or you feel a sense of grievance at how you have been treated, this is all temporary, you pick yourself up and move forward because you love your kids and not because you feel you have been kicked in the balls while lying down - just remember why you are doing this and it is not for you.

I'm doing this for Emily which is why I'll get up again and go forward.

No-one in their right mind would do any of this for themselves.