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  #11 (permalink)  
Old 08-23-2012, 10:55 PM
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TORONTO STAR (August 23, 2012) - Grandfather Guilty of Aiding Abduction

Grandfather guilty of aiding abduction - thestar.com
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Old 08-23-2012, 11:03 PM
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Quote:
Originally Posted by StephenWatkins View Post
TORONTO STAR (August 23, 2012) - Grandfather Guilty of Aiding Abduction

Grandfather guilty of aiding abduction - thestar.com
WAW!

Congratulations on one step closer to returning your boys. I refer to your story in my case and I believe that why judge did not allow mother to have unsupervised access just because she "can not do it" ...

Keep us posted...

WD
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Old 08-23-2012, 11:06 PM
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Originally Posted by Tayken View Post
In particular what charge has been laid against Tadeusz (TED) Ustaszewski in the matter? A charge under section 282.(1)?
Tayken
I would like to answer this question after I get a copy of the transcripts as this was covered and I heard other important information in the judges summary which should be shared in this forum.
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Old 08-23-2012, 11:47 PM
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The court of Justice of the European Union deals with different types of cases but something did catch my eye.


2. Proceedings for failure to fulfil an obligation

The Commission can start these proceedings if it believes that a member country is failing to fulfil its obligations under EU law. These proceedings may also be started by another EU country.
In either case, the Court investigates the allegations and gives its judgement. If the country is found to be at fault, it must put things right at once. If the Court finds that the country has not followed its ruling, it can issue a fine.


EUROPA - Court of Justice of the European Union




So an appeal over the Polish ruling would fit into its guidelines ,hopefully it will not come to that.But there is more than one of us one this forum with similar and justifiable fears so I will try to see if I can dig up some case law on this over the weekend.
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Old 08-23-2012, 11:52 PM
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You are right on this note which is being explored. We have much evidence to back up that Poland and the Polish Central Authority has not followed 4 International Treaties including the Hague Convention and the UN Rights of the Child.
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Old 08-24-2012, 01:50 AM
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That is positive yet....so much more could have been done..
It could happen at the sentencing in these matters which is happening in October (quote from article):

Quote:
Sentencing will be held in October. Ustaszewski’s passport is with the police and under his bail conditions he is not allowed to leave Ontario.
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Old 08-24-2012, 02:06 AM
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Originally Posted by StephenWatkins View Post
TORONTO STAR (August 23, 2012) - Grandfather Guilty of Aiding Abduction

Grandfather guilty of aiding abduction - thestar.com
Quote from the article:

Quote:
Originally Posted by Edyta Ustaszewski
“He didn’t do anything wrong,” she said. “Yes, he did drive across the border, but he did not know why he drove me across the border. He did not know my intentions; he was unaware of them … he’s on heart medication, blood pressure medication, this is the last thing the man needs.”
1. Court ordered Edyta Ustaszewski to return the passports of the two children in question to the court.

2. Tadeusz Ustaszewski was very aware of the existing court orders and matters before the court prior to the children's unlawful removal in contravention of a custody order 282.(1) of the Criminal Code of Canada:

Quote:
Originally Posted by Toronto Star
Kenkel ruled that “he aided her, knowing it would deprive him (Stephen Watkins) of custody in contravention of a court order.”
3. Not only did Edyta Ustaszewski assist in the criminal abduction of the two children in question but, aided in the civil contempt of an existing court order for custody and access as well.

Reminding all Grandparents, friends, family members (Grandparents et all..), social workers, lawyers et all... :

Quote:
“If you’re going to assist in a child abduction, if you’re family or a friend, and you’re caught, you’re going to face penalties,” Stephen Watkins said after the verdict.
Please do insure Stephen that this decision when posted is brought to the attention of Carswell Law and the other Law Reporting services that lawyers often subscribe to.

My recommendation would be to contact Phil Epstein directly:

Quote:
Philip is the Editor-in-Chief of the Reports in Family Law and co-author of Epstein and Madsen's This Week in Family law, published by Carswell.
Epstein Cole LLP : : lawyer profiles

It would be wonderful to see a proper review in "This Week in Family law" on this very relevant matter.

Good Luck!
Tayken
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Old 08-24-2012, 02:36 AM
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Originally Posted by StephenWatkins View Post
I would like to answer this question after I get a copy of the transcripts as this was covered and I heard other important information in the judges summary which should be shared in this forum.
Other questions, when you have the time, that would be relevant to members of this forum:

1. In your Family Law proceedings before the Superior Court of Ontario did Edyta Ustaszewski receive any publicly funded moneys from Legal Aid Ontario? (i.e. A Legal Aid Ontario Certificate)

Izyuk v. Bilousov, 2011 ONSC 7476 (CanLII)
Date: 2011-12-16
Docket: F2172/09
URL: CanLII - 2011 ONSC 7476 (CanLII)
Citation: Izyuk v. Bilousov, 2011 ONSC 7476 (CanLII)

Quote:
Originally Posted by Izyuk v. Bilousov, 2011 ONSC 7476 (CanLII)
1. The popular beverage has a catchy slogan: “Red Bull gives you wings.”

2. But at this costs hearing, the self-represented Respondent father suggested a wry variation: “Legal Aid gives you wings.”

3. He now seeks costs in relation to a 17 day custody trial which resulted in my 606 paragraph judgment dated November 9, 2011. He won; sole custody. The Applicant mother was represented by counsel. Her poor finances qualified her for Legal Aid. Now she says those same poor finances should excuse her from paying costs.

4. The Respondent asks a valid question: Does she have wings? Can she do whatever she wants in court, without ever worrying about fees – hers or anyone else’s?
2. Would it be possible to provide a time line of your court proceedings before the family court, including the presiding justice and court jurisdiciton in the Family Law and Family Services matters? (From the initial Application to the court to the final order prior to the abduction of your children in contravention of CCC 282.(1) by their Grandfather and mother.)

For example:
1. On -date- the Applicant (mother) brought forward an emergency motion before the superior court, -court name-:

Requesting: sole custody, supervised access, etc... (what was requested in the motion, just a summary)

Resulting in the order: whatever the judge ordered in the matter (just a summary of the resulting order)

etc...
If you don't have time, if you could provide the court file number to your family law proceedings I could assemble one based out of the notice of motions/cross motions and resulting orders if provided the court file number if you would like.

One thing to consider in your matter overall is the possible systemic issues related to false allegations of intimate partner abuse and how the court system and government services such as Legal Aid Ontario are leveraged to psychologically abuse the other parent, children and their family.

Making false allegations of abuse and the abduction of children are both recognized forms of psychological abuse. Have you investigated possibly bringing forward criminal assault charges of psychological abuse?

I note that the Honourable Mr. Justice Pazaratz states in para. 418 in Izyuk v. Bilousov, 2011 ONSC 6451 (CanLII):

Quote:
418. Creating a favourable status quo through falsehood and misrepresentation is not just a matter of litigation strategy: It is often tantamount to child abuse. It goes to the heart of “best interests” considerations; Parental judgment; The ability to sacrifice self-interest for the sake of the child; Awareness of the child’s need to have maximum contact with both parents.
tan·ta·mount/ˈtantəˌmount/
Adjective: Equivalent in seriousness to; virtually the same as: "the resignations were tantamount to an admission of guilt"
The Polish and EU courts need to consider the wise words of the Honourable Justice Pazaratz when considering your children's "best interests" and the fact that the court of competent jurisdiction has already ordered in the matter.

The Honourable Justice Joseph Kenkel made a strong statement about the false allegations made against you by the mother and grandfather:

Quote:
Originally Posted by Toronto Star
Kenkel noted that their allegations of abuse by Stephen Watkins were not credible.
Furthermore, the mother continues to make false allegations and excuses for her conduct which often many abducting parents make. There is a common pattern of "I didn't know what else to do" / "only way out" when removing children without consent or a court order in contravention of 283.(1) and 282.(1) of the CCC.

This projection of blame is commonly identified by Dr. Lawson in her book "Understanding the Borderline Mother" against the "waif" archetype she defines in her book.

This statement made by the mother in my personal opinion is very similar to the statements subjects for which Dr. Lawson has studied in the "waif" archetype:

Quote:
Originally Posted by Toronto Star
Reached at her home in Warsaw before the verdict, Edyta Ustaszewski said the abduction was her “only way out,” and she has no regrets.
Quote:
Originally Posted by Toronto Star
Much is being said about other matters. Watkins shows his phone screen outside of court, with a page of text messages from his ex-wife.

One of the most recent: “Leave my daddy alone.
When the borderline mother's motto is "Life is too hard"
http://behavioralhealth.typepad.com/...he-border.html

Quote:
Originally Posted by Understanding the Borderline Mother
"Loss or abandonment can trigger psychotic reactions. Abandonment or rejection by her partner arouses rage in the Waif, as she seeks to annihilate the one who failed to love her perfectly." p. 72
Acting on her feelings of "loss or abandonment" or "rejection", the mother and her father (grandfather) first attempted to possibly use the Family courts to psychologically abuse you and "annihilate" your relationship with your children and finally in what I consider to be a significant element, escalated their psychologically abusive conduct and unlawfully abducted the children.

In my personal opinion, the Honourable Justice calls out the psychological abuse for which the mother and grandfather clearly plotted and conducted against you with intent to psychologically harm you in an attempt to annihilate your relationship with your sons:

Quote:
Originally Posted by Toronto Star
Kenkel ruled that “he aided her, knowing it would deprive him (Stephen Watkins) of custody in contravention of a court order.”
Criminal Code

Quote:
Originally Posted by Criminal Code of Canada
“serious personal injury offence” means

(a) an indictable offence, other than high treason, treason, first degree murder or second degree murder, involving

(i) the use or attempted use of violence against another person, or

(ii) conduct endangering or likely to endanger the life or safety of another person or inflicting or likely to inflict severe psychological damage on another person, and for which the offender may be sentenced to imprisonment for ten years or more, or

(b) an offence or attempt to commit an offence mentioned in section 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm) or 273 (aggravated sexual assault).
Due note that there are no statues of limitations to the best of my knowledge for assault.

Thank-you!
Tayken

Last edited by Tayken; 08-24-2012 at 03:16 AM.
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Old 08-30-2012, 10:21 AM
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Default Lawyer Help to Amend New National Law

Hi,
I am looking for a list of Lawyers and their contact information in Canada we can contact that can help amend the high profile iCHAPEAU law our group of Canadian parents wants to petition for its submission in Canada. The Laws are already created but amendments are required. Arrangements have already been made by the Government of Canada to review this proposed law. This would be provided by the law firm / layer as a courtesy support that would provide them an honorable mention in this campaign. Parents of multiple high profile cases will help across Canada to get national media coverage. Thanks for contacting me.

Canada's iCHAPEAU Act
"One voice may sound like a whisper but thousands of voices sound like a roar"


IMAGE:
PRESS RELEASE | Facebook

PRIVATE MESSAGE TO FACEBOOK:
Stephen Watkins | Facebook

E-MAIL:
Info@iCHAPEAU.ca

Best Regards,
STEPHEN WATKINS
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Old 08-31-2012, 09:24 AM
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Originally Posted by StephenWatkins View Post
Hi,
I am looking for a list of Lawyers and their contact information in Canada we can contact that can help amend the high profile iCHAPEAU law our group of Canadian parents wants to petition for its submission in Canada. The Laws are already created but amendments are required. Arrangements have already been made by the Government of Canada to review this proposed law. This would be provided by the law firm / layer as a courtesy support that would provide them an honorable mention in this campaign. Parents of multiple high profile cases will help across Canada to get national media coverage. Thanks for contacting me.

Canada's iCHAPEAU Act
"One voice may sound like a whisper but thousands of voices sound like a roar"


IMAGE:
PRESS RELEASE | Facebook

PRIVATE MESSAGE TO FACEBOOK:
Stephen Watkins | Facebook

E-MAIL:
Info@iCHAPEAU.ca

Best Regards,
STEPHEN WATKINS
Hello Stephen:

One thing you may want to consider is the concept of an open source model for editing/updating the proposed "iCHAPEAU Act".

There are many services on the internet that allow for group editing of documentation for which many in the community may be interested in contributing to.

You could simply expand on the idea of "crowdsourced development" used to develop the Fedora user guide. You could apply a similar concept to "crowd sourced" drafting of the proposed "iCHAPEAU Act". If you can find an appropriate technology to do it you could simply get the entire list of registered solicitors and other important folks and send out form letters requesting they contribute with a guide and instruction on how to contribute.

You can also leverage Twitter, Facebook, Media and other channels to raise awareness to the cause. I would also encourage you to reach out to those in the Open Source community (such as the ones who executed the project below) to seek technical assistance on how this can all be done.

As edits are integrated into the "iCHAPEAU Act" the contributing authors would get acknowledgement for the work they have done. Furthermore, it could possibly demonstrate the support of the legal community for what is being proposed and bring significant weight to your efforts.

Fedora's crowdsourced open source documentation achievement | TechRepublic

Quote:
Three days. Four hundred participants. One book. That’s the tag line for what would eventually become the first-ever crowdsourced book for an operating system. The event happened at this years FUDCON and the results are quite impressive - a twelve chapter book that covers everything on the Fedora desktop (from KDE/GNOME to installing software to the history and community of Fedora).
If social media can over throw a government... Why can't it be leveraged to assist in changing law?

Social Media Sparked, Accelerated Egypt’s Revolutionary Fire
Social Media Sparked, Accelerated Egypt's Revolutionary Fire | Wired Business | Wired.com

Just some ideas to consider.

Good Luck!
Tayken
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