BREAKING NEWS: FOLO: 
Dallas,  Texas:
Monday, August 19, 2013: Finally, the 4 year legal battle for this Texas Father and his little girl, Alessia, came to an end.  Now the child needs the media, her politicians, and her Country to finally bring her home:  
On August 19, 2013, a U.S. Court 'declined to recognize' a UK Order shown to have been procured by fraud and in violation of an International Treaty.  After hearing over 70 pages of evidence corroborated by the U.S. Department of State, Texas Police, FBI, two Texas Senators, a member of the House of Representatives, the Department of Health, several Texas retailers and the child's clinic; the judge found evidence that irrefutably confirmed a conspiracy to kidnap the child from her Texas home and ORDERED the American child to be immediately returned to the UNITED STATES no later than 5:00 PM Central on August 26, 2013.  Court Orders stated as follows:

Findings 
1)  " The Court finds that, pursuant to the Hague Convention on the Civil Aspects of International Child Abduction, that the UNITED STATES OF AMERICA is the Habitual Residence of the Child, ALESSIA SOFIA COHEN-HERMER."

2)  "The Court, after examining the record and evidence and argument of counsel, finds that it has jurisdiction of this case and of all parties and that no other court has continuing, exclusive jurisdiction of this case."

3)  "IT IS ORDERED that SIMMONE JAYNE COHEN [shall] deliver the child to BARTON JEANOT HERMER, Sole managing Conservator of the child no later than 5:00 p.m. Central Standard Time on August 26, 2013."  

Attorneys told local newspapers “we will now need the media, our politicians and the State Department to work through political channels to bring the child home.” 

Thursday, October 4, 2012 - 
Fifth Circuit Court of Appeals unanimously reversed & remanded a Texas Court for prematurely giving full faith and credit to a foreign judgment alleged to have been procured by fraud and without giving him an opportunity to be heard.  During the Hague proceedings, the foreign judge refused to allow Bart (or the U.S. Department of State) to submit 'critical' evidence pursuant to Article 30 of the Hague Convention's Treaty on the 'Civil Aspects of International Child Abduction.'  The Fifth Circuit ordered the case to go back to the trial court and grant the American father a 'full-evidentiary hearing.' 

After refusing to return the American child  pursuant to the International Treaty, the foreign court subsequently breached the American father's right of Due Process, as well as the European Human Rights Act for a fair & impartial trial when it refused to grant the child's father 'permission' to appeal the foreign judgment 'or to adduce any evidence to prove the foreign judgment had been procured by fraud...' 

"Newly discovered evidence corroborated by the U.S. Department of State, the U.S. Office of Children’s Issues, FBI, the Department of Health & Human Services, and Plano Police Department 'confirms' conspiracy to kidnap the child,  to deceive the Petitioner and not return the child to the United States."  Therefore, the foreign judgment is subject to non-recognition: "The United States is entitled to exercise jurisdiction over the Child, as her entry into, her remaining in, and her jurisdiction in the United Kingdom were perpetrated by 'Unjustifiable
Conduct'."  See the Bill of Exception filed in the United States.

(1)  FIFTH CIRCUIT ORDERED the Texas Court to allow Hermer a full evidentiary hearing with fresh evidence  now corroborated by the Department of State, the FBI, Texas Police, the Department of Health and several other key witnesses.

(2)  PROTEST LETTERS were submitted during the Hague proceedings on behalf of the Texas child (to no avail) by the U.S. Department of State as well as England's own 'International Child Abduction Unit', followed by a third letter from the Chairman of the Global Missing Children’s Fund, each of which addressed the United State's concern for a 10-month delay in the Hague  proceedings, when they are obliged to return the child within SIX WEEKS ( a violation of Article 11 of the Convention) and for blocking 'CRITICAL' evidence attached to the American father’s Hague Application in violation of Article 30 - which clearly states 'any evidence attached to a Hague Application or submitted by a Central Authority "[shall] be admitted.”'

(3) GLOBAL MISSING CHILDREN wrote directly to the President of England's Family Division affirming that their organization: "has first-hand knowledge there is in fact CRITICAL evidence the UK would be suppressing which is relevant to his case of supporting that the "habitual residence" status of the child is and always has been the U.S."

(4)  NATIONAL CENTER FOR MISSING & EXPLOITED CHILDREN
An attorney for 'NCMEC' submitted an Affidavit "on behalf of Alessia" to illustrate challenges of returning children abducted from the United States to the United Kingdom.  NCMEC's Affidavit  states the following:
“in  (92%) of active unresolved cases involving U.S. Children taken to the [United Kingdom], we have been seeking return of our children for one year or longer; and (38%) remain unresolved for five years or longer.” When the Hague Convention failed to return American children, NCMEC declared that "(14%) of closed cases were recovered through Law Enforcement action between the US & the UK.”  The alternative that  Alessia's father must now pursue. 
"Now that this evidence has come out... there's a not a fair court on the planet that won't do the right thing and return her home," said the U.S. Father. 33 News/ Dallas:  September 18, 2012:
In a breach of Due Process, the foreign judge had also refused to give the American 'permission' to appeal the foreign judgment or to adduce ANY evidence to prove the judgment had been procured by fraud.
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FOREIGN COURTS TURNED THEIR BACKS ON THE HAGUE'S INTERNATIONAL CHILD ABDUCTION TREATY AND DENIED THE AMERICAN DUE PROCESS TO APPEAL ON BASIS OF FRAUD
NOW...
SHE NEEDS YOUR VOICE
Hermer and Alessia desperately need the media to carry this torch to Washington and rally political support necessary to finally bring Alessia home!
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THE LAST TIME BART SAW ALESSIA
See Also:
U.S. Law on Due Process
UK Law on Non-Recognition of Foreign Judgments
US Law on Non-Recognition of Foreign Judgments
The Media is our children's biggest hope, and in many cases, their only hope.  Media raises public awareness to hold countries and elected politicians accountable to protect our nations most valuable resource
                                                             - our children. 
WHEN UNITED STATES COURTS DO NOT  RECOGNIZE FOREIGN JUDGMENTS
Prior Texas & New Jersey Courts have ruled they will NOT recognize foreign judgments procured by fraud, violate Due Process, or run contrary to the Hague Convention's Child International Abduction Treaty.
See both cases here.

The foreign court ignored evidence submitted by Texas Police, Department of State, THREE Senators, several Texas Retailers, Chairman of the Global Missing Children Organization, two rabbi's, the child's clinic and a member of the Texas House of Representatives - each of whom submitted evidence directly to the foreign court to illustrate a conspiracy to abduct the child and to confirm Alessia's habitual residence remained in Texas.

The foreign judgment ironically made no mention of any of their evidence, and instead labeled the Texas father "a fantasist" and refused to return Alessia or allow him the opportunity to appeal. 

This was never a case of "daddy says one thing and mother says something else"; this was a case put forth by evidence from the Department of State, Texas Police, and others.  So, either the foreign judge never read their evidence, or he judgment is alleging that the U.S. Department of State, Texas Police, Global Missing Children Organization, TWO Senators, TWO rabbi's, several Texas retailers, the sworn testimony in a dozen affidavits, and a member of the House of Representatives - 'were all fantasists'!
NOW...
BART & ALESSIA NEED YOU VOICE
NBC TODAY SHOW 
July 2, 2011
This Today Show segment sparked NATIONAL efforts to return Alessia home: NBC & ABC are among the most committed networks for U.S. Abducted Children and were the media-catalyst for the Sean & David Goldman case in Brazil - as well as Alessia's.  

By the time Today Show crews arrived at Alessia’s Texas home, the FOREIGN Court had denied 'critical' evidence submitted by the U.S. Department of State and Global Missing Children Fund in Washington pursuant to Article 30 of the Hague Convention.  

NATIONAL CENTER FOR MISSING & EXPLOITED CHILDREN

Attorney for National Center for Missing & Exploited Children (NCMEC) submitted an Affidavit on behalf of Alessia regarding challenges of not returning American children abducted to the United Kingdom:

                             NCMEC AFFIDAVIT:
“in  (92%) of active unresolved cases involving U.S.
Children taken to the [United Kingdom], we have been seeking return of our children for one year or longer; and (38%) remain unresolved for FIVE years or longer.”  When the Hague Convention failed, "(14%) of closed cases were recovered through Law Enforcement action between the US & the UK.”
UK VIOLATION
NOT THE FIRST TIME
In Re C (Abduction: Settlement) (No 2) [2005] 1 FLR 938: there was no dispute that, for the second time, a child was wrongfully removed by her mother ('M') from America and taken to the UK; further, this little girl’s whereabouts were deliberately concealed.  The concealment actually involved assuming new identities for both M & the child which included elaborately planned arrangements 'to take the birth date (& name) 'of a deceased child.’

Finally, the American father located his daughter over a period of FOUR YEARS.  Although the English court recognized the extreme concealment as ‘unfortunate’ ,it nonetheless denied the child’s return, citing she had ‘settled’ in a new UK environment.  She was approx. 14 years old.

Fortunately for Alessia - ample Convention Law (as well as English law) would state that a child of 4 is too young to be 'settled' in a new environment and would be returned under UK's 'Doctrine of Precedent.'
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THIS UK JUDGE REFUSED ALESSIA'S AMERICAN FATHER THE RIGHT TO ADDUCE EVIDENCE TO PROVE PROCURMENT OF FRAUD
BBC COVERAGE
In America, appeals are a constitutional right to ensure no miscarriage of justice; unfortunately for this Texas child's father, the UK only grants appeals by “PERMISSION” and family cases are ‘closed to the public.’ Fully aware of their wrongdoing - Alessia's father was refused permission to appeal and barred by court order to speak to Britian's media.

The BBC ran a Three part Series on the problem entitled "Family Courts:  Britain's Secret Shame."

Noah, Jim & Liz... 
ALESSIA NEEDS YOUR VOICE

THE FOLO:
Weeks before the NBC interview:
Alessia’s father had no attorney in the U.S. and was acting ‘pro-se’.   The father submitted a 'Book of Evidence' consisting of several hundred pages to the clerks office in Texas and subsequently served the mother's attorney with the same 'Book of Evidence.  Assuming Bart would not have any credibility (acting on his own behalf) the mother's attorney stated falsely: " Mr. Hermer is a fantasist and he has absolutely NO evidence to suggest my client did any of this."

The Attorney's  mendacity became the catalyst that sparked a 'NATIONAL' campaign to bring Alessia home.  Immediately after the attorney's false statements, Chairman of Global Missing Children Fund quickly scheduled a meeting with the Department of State's 'Office of Children's Issues', as both were aware that in fact a 'preponderance' of evidence had been collected and filed on Bart's behalf.  Within days of the program, the U.S. Department of State's Bureau of Diplomatic Security proceeded with a full-force investigation.
Again, the attorney's false declarations would also imply the U.S. Dept of State, Texas Police, TWO Senators, a House of Representative, the child's clinic, rabbi's, Texas retailers & others were also "fantasists with absolutely no evidence."
Quoted from the "Bill of Exception" filed in the U.S. after the Today Show:

"Newly Discovered Evidence corroborated by the U.S. Department of State, the U.S. Office of Children’s Issues, the FBI, the Department of Health & Human Services, and Plano Police Department 'confirms' conspiracy to kidnap the child, to deceive the Petitioner and not return the child to the United States."  Therefore the foreign judgment is non-recognizable under both Foreign & Domestic Law: "The United States is entitled to exercise jurisdiction over the Child, as her entry into, her remaining in, and her jurisdiction in the United Kingdom were perpetrated by 'Unjustifiable Conduct'."
Diplomatic Initiatives
Part of the Dept of State’s role as head of the U.S. Foreign Affairs Agency, is protecting the welfare of all U.S. citizens abroad (including abducted children) and to ensure U.S. citizens receive fair & equal treatment in other countries.  It uses a variety of diplomatic initiatives to protect U.S. interests abroad. These  involve negotiations of obligatory commitments to International Conventions & Treaties and (when necessary) they direct enforcement actions in specific cases.  These direct actions include diplomatic intervention at the highest levels; including formal diplomatic communications, such as diplomatic notes & meetings when a less formal exchange of letters (as in the case of Alessia) fail to protect those rights.
  
WE NEED THEIR VOICE!!

Although the preferred mechanism for the return of internationally abducted children begins with a 'diplomatic-civil-action' through the Hague Convention Treaty, the United States will [not] recognize Foreign Judgments obtained by fraud or run contrary to the purpose & objectives of the Convention or violate Due Process to U.S. citizens, or threaten their Human Rights and Civil Liberties.  Nineteen years after ratification of this unsuccessful treaty, Congress enacted the International Parental Kidnapping Crime Act, making it now a 'Federal Felony' to wrongfully remove or retain a child from the United States and to "send a clear 'worldwide' message that the U.S. Government will [NOT] tolerate the abduction or wrongful retention of American children under [ANY] circumstances  (As quoted in H.R. Rep. No. 103–390 (1993)
NINETEEN YEARS after the 1993 House Report & subsequent enactment of the International Parental Kidnapping Crime Act - the rate of U.S. Child Abductions had still increased by 60%.
August 2, 2012
FOR IMMEDIATE PRESS RELEASE

U.S. Senator Barbara Boxer (D-CA) joined Senators Frank Lautenberg (D-NJ), John Kerry (D-MA), Richard Lugar (R-IN), James Inhofe (R-OK) and 10 colleagues to introduce a bipartisan resolution condemning the unlawful international abduction of all children.

"This resolution calls on all countries to join and fully comply with the Hague Abduction Convention and take steps to prevent and resolve cases of international parental child abduction. The resolution expresses the Sense of the Senate that the United States should “aggressively pursue the return of each child abducted by a parent from the United States to another country through all appropriate means, consistent with the Hague Abduction Convention, and through extradition, when appropriate, and facilitate access by the left-behind parent if the child is not returned.”
See the Senator’s press release
On May 24, 2011, Congressman Chris Smith took immediate initiatives to illustrate the system was failing and something MORE had to be done.  Smith re-echoed the 1993 position in the House before the Subcommittee on Human Rights and Committee on Foreign Affairs in Washington, DC; along with David Goldman:

Congressman Smith:
"In the last Congress, I introduced legislation to impress upon [both] Hague and non-Hague countries alike that the United States will [not] tolerate child abduction or have patience with countries that hide abductors behind the Hague Convention"...

David Goldman:
"And eventually the (foreign) courts will say, ‘‘Well, we [know] the child has been held illegally. We get that he has been abducted or she has been abducted... But now they are '[adapted].' So let’s reward the kidnapper. And let’s be a country that actually rewards child abduction to the abductor... "And, again, this is where we need to step in with these sanctions to show we’re not going to tolerate this."  
See full hearing here 

            WE NEED YOUR VOICE
ABC / WFAA DALLAS 
WE NEED YOUR VOICE
Jason Whitley and Mark Smith of ABC 8 did a phenomal job covering our story; focusing on the growing concerns of international child abductions and the challenges that occur when parents take a child overseas.  ABC spoke with attorney Stephen Cullen in Washington, an expert who has processed over 600 International Child Abductions.  Cullen confirmed the increase in number of U.S. children wrongfully removed and retained "is due to the lack of exit controls from this country."  As Mr. Cullen confirmed, the State Dept recently employed 25 - 30 new case workers to take on the increasing amount of applications the State Department now receives.  

                        Mr. Whitley & Mr. Trahan
                        WE NEED YOUR VOICE
                               FOR THIS FOLO!!!
We now hope this 'breaking news' will spark an ABC follow-up story and will encourage other networks to do the same to help bring Alessia home.
THE CW:33 DALLAS FT WORTH
THREE STORIES HAVE NOW RUN ON THE CW!

We pray Tribune Broadcast Company will run our story on their other networks as well as the LA Times and the Chicago Tribune! 

Dawn Tongish is definitely our hero.  She is not only an incredible reporter, she is an amazing human-being and has become a very BIG part of our family.  Dawn originally came to our home looking for a 'filler' story for the evening news.  After seeing our evidence and hearing our story,  they spent the entire day filming made our story the opening segment to the evening news.  After the story aired, Dawn phoned us and told us the studio  had decided to dedicate a website to 'FIGHT FOR ALESSIA' with links to all of the video shot, photos taken and other stories done by other networks, and told us  it would remain there until Alessia returns home.  After Dawn and the crew finished shooting, both she and the cameraman left a special message for Alessia...
Tribune Broadcast
Company  - WE NEED YOUR VOICE
CW33/ DFW:
'THE FIGHT FOR ALESSIA'
Part 1: June 7, 2011

ALESSIA'S TEXAS GRANDMOTHER SPEAKS OUT

PLANO STAR COURIER
"Plano father fights for daughter in parental kidnapping case"
Article By Jessica Rush
Published:  Monday, June 13, 2011 
STAR NEWSPAPERS - WE NEED YOUR VOICE!
FT WORTH STAR TELEGRAM
"Parents fight to regain children taken across borders"
"The laws and treaties that help parents regain custody of children taken across international borders have barely kept pace." "A lot of times, it just comes down to the international court protecting their own citizens," said Howard Berger, director of the U.S. Global Missing Children's Fund.
BRING SEAN HOME FOUNDATION
"Painful lesson for Plano Dad" 
Sean & David & Congressman Smith -  WE REALLY NEED YOUR VOICE