Washington D.C. Visit - Federal Filing Preparation

Today is a trip to Washington D.C. and a visit with a couple of legal eagles prior to filing in Federal Court as we revisit Hindle-v-Secretary of State Rice - times have changed and so have the names with the change in the President and new Administration.

This reminds me of one of the brief conversations with Emily who expressed a 7-year old's political opinion - Emily wanted McCain to win the Presidential election because "Obama is a nigger!"

A 7-year old's opinion or that of someone else I wonder - I recall my own political opinions at that age were restricted to how much pocket money I could get if I washed the car and whether it was better to wash up the dishes or to dry them as my brothers and I split the chores.

Irrespective, I'm still waiting on the latest round of motions with the Appeal Court in Florida and will be filing the initial brief shortly afterwards - one lawyer I spoke with thinks it is going to be interesting to see what they make of the blindness issue and complete failure to enforce the Hague Convention order as well as the simple neglect of little Emily.

What the Appeal Court makes of it all is one thing, but the Hague Convention failings make this a Federal issue beyond state rights which usually confines family cases; but then so does all the interference run by the Department of State's Barbara Greig in this fraud.

As yet another lawyer advised, "The misbehavior in this case is palpable."

We shall see; next week I have a court hearing in DeLand, Florida, filing the brief wwith the Appeal Court and in a month filing in Federal Court in Washington D.C.

It is going to be a hectic schedule and we'll see what comes out of all of this in due course.

The End of Visitation

I have thought long and hard on this matter and after seeing what was done with Emily during the sexual abuse investigation and the continuing threats and intimidation along with a host of other issues I have made a decision.

I am withdrawing from visitation and contact with Emily because it is no longer fair on her for this little girl to be at the center of such appalling conflict.

I sent this email to Ms Kim Banister today:

From: Karl Hindle <karl4work@googlemail.com>
Date: 2009/5/21
Subject: Hindle-Fuith nka Swindell
To: Kim Banister <kimb@clsmf.org>

Dear Ms Banister,

I have given this matter a great deal of thought and consultation and have not come to this lightly.

I firmly believe it is not in Emily's interests to continue to be at the center of the conflict inflicted by your client's continuing conduct.

Threats of violence and intimidation towards me in front of our child; sexual abuse of the most heinous and evil form coupled with continuing criminal contempt unpunished by the court and scantily clad window-dressing of compliance belying the malevolent influence upon Emily by her mother.  Little Emily cannot say she loves me in front of her mother nor call me Dad - this is reserved for her step-father.

I will not travel to Panama City for visitation as the threat to my physical person is real and tangible as it also is to my liberty with the continuing efforts to have me charged and arrested by law enforcement for stalking and so forth.

I will no longer seek to exercise any visitation with little Emily as the threat of false allegations of abuse of the most evil and vile nature has not been removed by her mother and indeed, has continued post-trial.

I therefore advise you, I will no longer seek to exercise visitation with Emily and sadly, accept that in order to allow Emily to be a child free of this conflict, I must withdraw so your client has no further cause to inflict pain and distress upon her with the most evil alienation and disregard for our little girl.

I will attend court on June 3rd and have written to Judge Rowe under separate cover to inform His Honor of my very sad decision.  I therefore will not be exercising any of the visitation we have previously discussed.

Yours sincerely,

Karl Hindle

Moving to Florida & Appeal Update & Federal Filing

Stuck in Virginia with the summer heat encroaching, it's counting time down until the next hearing - taking place on the 3rd of June and not the 4th - not a mistake I would want to make turning up a day late for court!

I asked Sheila's attorney, Kim Banister of Legal Services of Mid-Florida for visitation to take place in Volusia County and not Panama City - she turned me down as "Emily has no connection" yet this is where the court with jurisdiction is - methinks Ms. Kim Banister is looking to get the case transferred to Bay County and hope we get lost somewhere else :)

I am deeply concerned at visitation in Panama City because of the threats of violence from Sheila's boyfriend, Emily's new "daddy" (or should I say "latest") as well as her continuing efforts to have me arrested by the police for variously, stalking, harassment, wearing clean underwear, breathing, haviung the temerity to play a role as Emily's father - while I have received some very interesting paperwork which has confirmed something we already knew, as does Kim Banister:

Sheila Fuith reported serious sexual assault upon our daughter including anal sexual battery, vaginal sexual battery and masturbation

YET

Denied she did this in court

AND

Sheail was found by the FL State Attorney's Offices to have made false allegations and COACHED our child trying to get her to make statements substantiating her own evil and horrible claims TWO WEEKS after being found guilty of CRIMINAL CONTEMPT and still escaped JAIL!

AND YET

Attorney Kim Banister lied to the Court on several occasions when she had full knowledge of her client's conduct!

An officer of the court (Kim Banister) not telling the truth and deliberately and wilfully lying through her teeth - surely not?

I'm getting ready to move myself down to Florida to Volusia County - I'm going to speed that up I think so there is no doubts over "connection" to that county.

On the appeal front, I'm waiting on a motion to supplement the record - this is where I'm asking the court to allow evidence to be considered which the trial court had - things such as all the depositions Judge Doyle did not look at or read, minor stuff like the convicted pedophile's deposition testifying to the adoption efforts of little Emily or her own family who testified Sheila is not someone they thought fit as a parent or the Hague Convention order from a Supreme Court which said, this kid will get medical treatment for her eye condition but His Honor is apparently a "provincial in this County and we don't do the Hague Convention".  Kim Banister and Sheila don't want little things like this cluttering up the issue and object but we shall see what the Court of Appeal has to say and finally, I can get my initial brief filed which is a work and a half for my poor brain cells.

On a side note, I am holding off on some minor pieces of the federal puzzle regarding Barbara Greig at the State Department's Office of Children Issues and I will be ready to file in Federal Court again so this bag of snakes can be reviewed by a federal judge and jury.

I console myself with the knowledge and belief that all I have to do is find ONE decent and honest judge and this case is over - maybe it will be Judge Rowe but we shall have to see on June 3rd.

D-Day: June 4th Court Hearing, Deland Florida before Judge Rowe

With things having gone a little quiet in trying to seek fair and effective relief regarding Emily, I finally received notice of another court hearing before the lower court in DeLand with our new judge, His Honor Judge Randall Rowe III.

I telephoned his judicial assistant seeking hearing time for Sheila to be sentenced for her existing guilty finding of criminal contempt and was told Judge Rowe wanted to deal with the issues at a hearing on June 4th in DeLand.

It looks like I will have to remain in the US for longer than anticipated but until the issues surrounding Emily are dealt with with fairness and a proper measure of effective relief there is no alternative but to continue with the tortuously slow legal process and continue to comply with the orders of the trial court irrespective of how egregious I think they are.

Florida here we come and I hope  get to see Emily again for Fathers Day but we shall have to see on that one.

Nadia Lynn Drummond - Abducted from US to Brazil

In keeping with throwing this blog open to other contributors, I would like you to welcome the father of Nadia Lynn Drummond abducted from her home in North Carolina, US to Brazil by her mother, Larissa earlier this year.

Since losing contact with his baby girl, her father, Devon Davenport has been caught in the same international web of paper and slothful process in an effort to recover Baby Nadia back home as many other parents,

I think this case is a very good, and very current corollary to the Sean Goldman case which has had so much news attention of late.

Without further ado, here is a contributing piece by Devon Davenport, Baby Nadia's daddy.

Finding Baby Nadia

by Devon Davenport

Nadia was born on August 5^th 2008 in North Carolina and almost immediately her mother, Larissa threatened to leave the US with our baby to her home country, the state of Brazil which has been receiving so much international attention for its outlaw behavior with respect to David Goldman and his son, Sean.

I was in a state of constant anxiety with the threats to take Nadia and feared the court here in North Carolina would not take strong enough measures to protect her and keep her here with her family and her home.  Court orders already filed with respect to visitation with Nadia were constantly ignored by her mother; Larissa Drummond.


It was and is deeply frustrating navigating the legal process here in the United States but in comparison to what I have experienced in Brazil, it was a step in the right direction.

Or at least, that is what I thought a year ago.

By October 2008, District Court Judge Walcyk ordered Nadia was not to be removed from the State of North Carolina and also earlier in August, had ordered the confiscation of Nadia’s passport to prevent her being taken overseas.  Larissa denied our little baby had got a passport and nothing more was done.  Custody was awarded to Larissa and I was to have regular visitation which I used to its fullest extent when Larissa would comply with the order.

So it was that on February 7^th, earlier this year I was at my home in Cary waiting for Nadia to be brought for our time together.  I waited and waited only to realize as time dragged by that something was wrong so I called Larissa and when I got no answer, I called her mother, Mara Bell only to get the same silence. 

I knew something was wrong so I called the local police here in Cary; the police officer was cooperative and helpful even going so far as traveling with me to Larissa’s home, however, when we arrived it was to find an empty home and my little baby girl had disappeared.

My worst fears concerning Baby Nadia being taken overseas had come true.

We immediately contacted the State Department with my concerns over Nadia being abducted to Brazil but it was not until the following Monday I received a call back from Daisy Cardiel at the Office of Childrens Issues.  She confirmed that Nadia had indeed been abducted to Brazil but how did Larissa manage to get a passport for baby Nadia?

It quickly became apparent that Larissa had lied about Nadia having a passport and had procured one for her in August 2008 and this was done in direct contravention of the court orders issued.  I cannot believe a passport can be issued without both parents knowing and agreeing to it and so it is supposed to be but in Nadia’s case something had gone horribly wrong with the administration and I would like to know what that is but for now there are more important issues to deal with such as finding my baby girl.

The court quickly granted a custody order in my favor and I also obtained an order for Nadia to be immediately returned but this is all closing the stable door after the horse has bolted – Baby Nadia is gone, somewhere in Brazil and while this is treated as a kidnapping case here in the US, Brazil takes a different view.

I activated the Hague Convention very quickly and my application was filed and accepted by the Brazilian authorities on March 12^th this year.  This is meaningless at this time as we simply do not know where Baby Nadia and her mother are hiding and I must play a waiting game in the hope they are found soon.  For the very first time in the history of the Brazilian Central Authority, they have filed the Hague application with the AGU (Brazil’s Attorney-General) for consideration and assessment before locating Baby Nadia.  This means by the time they are located, and hopefully it will be sooner and not several years away, they shall be ready for court and able to expedite the notoriously slow legal process in Brazil.

For now, I have to content myself with doing what I can from so far away and working with a system I find very slow and very worrying – Larissa’s own mother claims she herself abducted Larissa here to the United States from Brazil and did so legally resulting in Larissa never knowing her father in Brazil.  I can only hope and pray Baby Nadia will not suffer the same and not only comes to know her Daddy but also comes home to North Carolina and her family here.

****************************************

The NCMEC has issued a missing child poster for Nadia Lynn Drummond and the abducting mother, Larissa Drummond.  If you have any information regarding the abduction or their whereabouts you must contact the NCMEC on their toll free number 1-800-THE-LOST (1-800-843-5678) or email me at karl4work@gmail.com - all callers/emailers are confidential - let's work to bring Nadia home.

Larissa is believed to have a boyfriend, Tiago Pavei who may or may not be involved in the abduction and the most recent photographs and information, including his vehicle and identification are below:

US TV Program - Dateline - Call for LBP's To Come Forward With Their Stories

I met a father whose child has been abdcuted to Brazil from North Carolina, US and he is in contact with Dateline, an American television news documentary program which is highly popular in America.

There is a call for left-behind parents with internationally abducted children to come forward and tell their stories.

For those who are LBP's or know of a person with a child or children who are victims of international child abduction can you or they please email me directly at:

karl4work@gmail.com

A brief (no more than 300 word) background to your case will be helpful as well and also indicate if you are willing to help with some other media, educational and awareness efforts which are going on in the background.

Emily's Dad