BREAKING NEWS: FOLO:
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:
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:
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'!
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:
“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.”
NOT THE FIRST TIME
In Re C (Abduction: Settlement) (No 2)  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.'
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."
Visit msnbc.com for breaking news, world news, and news about the economy
Noah, Jim & Liz...
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...
Company - WE NEED YOUR VOICE
'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
"Painful lesson for Plano Dad"
Sean & David & Congressman Smith - WE REALLY NEED YOUR VOICE