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  #21 (permalink)  
Old 08-31-2012, 12:18 PM
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Thanks for the idea - We need to post the law first but have it converted into Canadian - this is why I am looking for Lawyers here in Canada. These existing laws are already implemented in the US so Politically speaking, its would be easier for our government to back it up as already being used which between two countries, could be now a North American indicative.
  #22 (permalink)  
Old 08-31-2012, 12:35 PM
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Default Chance for edyta ustaszewska to make things right

CHANCE FOR EDYTA USTASZEWSKA TO MAKE THINGS RIGHT –
Edyta Ustaszewska (Watkins) has been offered an option by the Criminal Judge here in Canada and agreed by the crown and her father’s defense lawyer. This option was reached after her father, Tadeusz Ustaszewski, was found guilty in assisting his daughter in the International Parental Child Abduction of Alexander Watkins (Alias: Alek Ustaszewski ) & Christopher Watkins (Alias: Krzysztof Ustaszewski ) from Canada into the United States. She then flew to Germany and later found in Warsaw, Poland two and a half years later. The guilty verdict was passed in the Canadian Courts on August 23, 2012. I believe, the defense lawyer has been in contact with her directly to Poland. We are waiting for Edyta’s decision.

(PHOTO: Stephen Watkins, Alexander Watkins, Christopher Watkins and Edyta Watkins ( Ustaszewska ) are briefly reunited in Poland for Alexander's First Communion, which took place in May 2012 while the boys' father was appealing a Polish court's decision ordering them to stay in the country after being abducted internationally.)
LINK: PRESS RELEASE | Facebook

To find her father guilty, the Canadian Judge had to make certain and ruled that Edyta Ustaszewska (Watkins) had broken Canadian Law's of Child Abduction. Here is the agreement proposed - Edyta can either decide to come home with the boys or send the boys back to Canada themselves and she remains in Poland. When the boys come home to Canada, her father will not have to face jail time and only have the sentence of probation assigned to his record.

If she refuses this option, her father will serve the mandatory jail time which will be sentenced on October 24th, 2012. Her name will continue to appear on the RCMP's Canada's Most Wanted List and remained flagged on INTERPOL as a "Red Notice" as well as “Yellow Notices” for our sons for the rest of her life.

There will always be a risk that if Poland ever changes their laws or new treaties are signed amongst our nations, Edyta could be arrested and extradited back to Canada years from now to face the Canadian courts. It is my understanding that the recognized Polish National Missing Children’s organization, ITAKA, who set precedence by attending a Polish court session for the first time in their 13 year history with my appeal in Poland, is campaigning for news laws and regulations in Poland.

This is NO ONES FAULT but her OWN as she acknowledges openly of involving her father in driving her and our sons into the United States in her own plans to abduct our sons to Europe then to Poland. It does not matter if her father knew or did not know her plans as she keeps stating "He is innocent" on social media. It is irrelevant due to the fact that the Canadian Judge reviewed all the evidence and statements from her own father, the police, as well as previous court rulings and ruled that her father knew enough information of the custody situation / arrangement. Edyta’s father still failed to return our sons back to school the following Monday morning on March 9, 2009, as he had already done so many times before, following the weekend access visit order with their mother.

I was granted full custody of our sons by the Ontario Courts on January 26, 2009 and after they have lived with me full time since 2007. Edyta was provided an access schedule order by the courts which provided her even more time then I had with our sons in our earlier schedules when our sons were living with her initially.

The fate of her father now solely lies on the shoulders of Edyta. She NOW has the power to choose to fix her mistakes of a decision she made on her own, having our sons growing up not properly knowing their biological father and the rest of their family who all live in Canada. The decision is now hers as to whether or not her father serves jail time.

Our sons will read this one day and they WILL know the truth of what really has happened and no amount of coaching and brain washing she believes she can force on them will hide the fact that I as their father have fought terribly hard to be part of my sons lives and have them returned home to Canada. I WILL not stop and I will continue to fight for our sons Human Rights and continue to bring awareness of our family’s story publicly world-wide and to the European Union courts to have the country of Poland ordered to return our abducted sons back home to Canada.

If Edyta truly believes that her "father is innocent" then I hope she will take the responsibility for her mistakes and make the right decision and send Alexander Watkins and Christopher Watkins back home to their habitual country of Canada where they were born and have lived most of their lives.

A better decision would be for Edyta to return to Canada with our sons, face the consequences of her actions by the Canadian courts where she may have to serve some jail time but at least after all is said and done - she would still be part of our sons lives and our boys growing up knowing and having a relationship with BOTH their mother and father.

Every child has a mother and a father and there are NO WINNERS in these types of International Parental Child Abduction cases. The Children are the real losers in these situations but there is STILL an opportunity here, which only Edyta can make, to make things right for her father and our two sons.

In my opinion, the best scenario for the boys is coming home to Canada with their mother, being loved by all their family and all their relatives who miss them dearly and having a relationship with both their mother and father in the long run. Our sons deserve to know that all their family is important. They deserve to feel the love from both sides. I hope Edyta takes time to reflect and review this option as I know it must be hard for her to keep all of these stresses on her shoulders for all these years. I believe, it would also be the best solution for the mental well being of our sons.

Respectfully,
STEPHEN WATKINS
Father of Alexander & Christopher Watkins

More info about the "Watkins Missing Children" here:

FB: Watkins Missing Children | Facebook
YOUTUBE: Stephen Watkins - YouTube
WEBSITE: ALERT ! - ABDUCTED MISSING CHILDREN : Alexander Watkins & Christopher Watkins
TWITTER: https://twitter.com/Child_Abduction

Some News Links:

Toronto Star National Newspaper (August 23, 2012) -
Grandfather Guilty Of Aiding Abduction
LINK: Grandfather guilty of aiding abduction - thestar.com

CTV National News (May 31, 2012)
International Child Abduction - Canadian Father Denied Return of Missing / Abducted Sons from Poland
LINK: Happy Father's Day ? - Canadian Father Denied Return of Missing / Abducted Sons from Poland - YouTube

GLOBAL National News (May 16, 2012)
International Child Abduction - Canadian Dad Fights To Bring Home Abducted Children From Poland
LINK: International Child Abduction - Canadian Dad Fights To Bring Home Abducted Children From Poland - YouTube

WANTED by RCMP CANADIAN NATIONAL POLICE (RCMP)
Edyta Watkins (Edyta Ustaszewska)
LINK: Edyta WATKINS - Royal Canadian Mounted Police

WANTED by INTERPOL
Edyta Watkins (Edyta Ustaszewska)
LINK: Wanted Persons / Internet / Home - INTERPOL

ALEXANDER WATKINS & CHRISTOPHER WATKINS on INTERPOL
LINK:
Missing Persons / Internet / Home - INTERPOL
  #23 (permalink)  
Old 08-31-2012, 01:48 PM
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Originally Posted by StephenWatkins View Post
Thanks for the idea - We need to post the law first but have it converted into Canadian - this is why I am looking for Lawyers here in Canada. These existing laws are already implemented in the US so Politically speaking, its would be easier for our government to back it up as already being used which between two countries, could be now a North American indicative.
Have you investigated how NAFTA could potentially be leveraged? Long shot recommendation but, there may be something that gives weight to your argument for enforcement of laws between both countries or something obscure that could be leveraged to make what you have from the US more "valid". Real long shot recommendation.

The lawyers you could target in assisting in the "Canadianization" through a cloudsourced open document solution could be Canadian solicitors. No reason you can't target market directly to them. I am sure there is a list somewhere that has all the lawyers across Canada and their emails.

Good Luck!
Tayken
  #24 (permalink)  
Old 08-31-2012, 02:46 PM
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Quote:
Originally Posted by StephenWatkins View Post
To find her father guilty, the Canadian Judge had to make certain and ruled that Edyta Ustaszewska (Watkins) had broken Canadian Law's of Child Abduction.
In the Ruling against the father was it stated that Edyta Ustaszewska acted with "mens rea" (lat. "Guilty Mind") by the presiding judge in the matter before the court?

I really would like a copy of the judges decision if possible in this matter to review. Please insure that it is posted to CanLII as soon as possible so the president can be reviewed. This case represents a significant turning point in parental child abductions in our country.

Parental abduction is a deplorable form of child abuse and the CCC, CLRA, Divorce Act and all provincial laws need to clearly state parental abduction as a form of child abuse in my honest opinion.

Quote:
Originally Posted by StephenWatkins View Post
Here is the agreement proposed - Edyta can either decide to come home with the boys or send the boys back to Canada themselves and she remains in Poland. When the boys come home to Canada, her father will not have to face jail time and only have the sentence of probation assigned to his record.

If she refuses this option, her father will serve the mandatory jail time which will be sentenced on October 24th, 2012. Her name will continue to appear on the RCMP's Canada's Most Wanted List and remained flagged on INTERPOL as a "Red Notice" as well as “Yellow Notices” for our sons for the rest of her life.
Is it possible to clarify what the mandatory sentence of incarceration would be in this matter? 282.(1) of the Criminal Code of Canada doesn't state a "mandatory" criteria and only a "maximum" criteria of 10 years and it is on an "indictable offence".

It appears that the justice in the matter still has to determine if the conviction is going to be an "indictable offence" or a "summary conviction" dependent on the return of the children to their habitual residence (Canada).

Quote:
Section 282

(1) [ Abduction in contravention of custody order ]

Every one who, being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, takes, entices away, conceals, detains, receives or harbours that person, in contravention of the custody provisions of a custody order in relation to that person made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years, or
(b) an offence punishable on summary conviction.
Thank-you for taking the time to update everyone regarding this matter,
Tayken
  #25 (permalink)  
Old 09-10-2012, 04:33 AM
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Default Canadian criminal courts have ruled "guilty"

~ CANADIAN CRIMINAL COURTS HAVE RULED "GUILTY" ~
(Your ideas and suggestions - Please comment below)
So here is MY QUESTION - On May 15th, 2012 the media asked an important and well crafted "worded" question about my sons International Parental Child Abduction case to two world leaders, the Prime Minister of Canada and Poland. There has never been an international child abduction case where two world leaders have been put in a position to comment on such an international social issue.

The PM of Canada, STEPHEN HARPER, replied the following as part of his statement:
".. the matter is before the courts.."

The PM of Poland, DONALD TUSK, described some sort of custody dispute in his answer which had NOTHING to do with the "Hague Convention Civil Aspects of International Child Abduction" which is the Legal Application filed by Canada in the Polish Courts. The Hague Convention is an international mechanism to return abducted children back to their habitual country after the crime of child abduction has been committed. It’s NOT a custody dispute – It’s an International Abduction Treaty!

On August 23, 2012, a Canadian Judge has ruled that my son’s case is NO LONGER just considered and "Alleged Abduction" as the Ontario Criminal Courts ruled that my ex-wife is in breach of Canadian Laws and her father has been found "GUILTY" in assisting my sons International Parental Child Abduction. His sentencing is scheduled for October 24, 2012.

Also take note that we have evidence to show that the Polish Courts may have broken 4-treaties with our country of Canada in this case.

? - What is the Prime Minister of Canada going to do to get my sons home?

? - Exactly - Why have no other politicians in Canada said anything in this matter considering the Criminal Court ruling made here in Canada?

The fight to get my two abducted sons home is NOT over even though I feel like I am only one Canadian man fighting another nation on his own. Where is the support from our Canadian Government?

I am drafting a new letter to the Prime Minister of Canada asking him this question and you will be completely surprised on two other people who are also receiving a copies of this letter.

Keep watching this link for the release of this letter to the PM in the next few weeks.

Your comments and suggestions are welcomed!

No Parent should ever have to work this hard to get their Missing / Abducted children home. Thank-You for your support!

VIDEO LINK:
Watkins Missing Children - International Child Abduction Question - Prime Ministers of Canada / Poland
Watkins Children - International Child Abduction Question - Prime Ministers of Canada / Poland - YouTube

FB: Watkins Missing Children | Facebook
YOUTUBE: Stephen Watkins - YouTube
WEBSITE: ALERT ! - ABDUCTED MISSING CHILDREN : Alexander Watkins & Christopher Watkins
TWITTER: https://twitter.com/Child_Abduction
  #26 (permalink)  
Old 09-10-2012, 06:51 AM
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Quote:
Originally Posted by StephenWatkins View Post
~ CANADIAN CRIMINAL COURTS HAVE RULED "GUILTY" ~
(Your ideas and suggestions - Please comment below)
So here is MY QUESTION - On May 15th, 2012 the media asked an important and well crafted "worded" question about my sons International Parental Child Abduction case to two world leaders, the Prime Minister of Canada and Poland. There has never been an international child abduction case where two world leaders have been put in a position to comment on such an international social issue.

The PM of Canada, STEPHEN HARPER, replied the following as part of his statement:
".. the matter is before the courts.."

The PM of Poland, DONALD TUSK, described some sort of custody dispute in his answer which had NOTHING to do with the "Hague Convention Civil Aspects of International Child Abduction" which is the Legal Application filed by Canada in the Polish Courts. The Hague Convention is an international mechanism to return abducted children back to their habitual country after the crime of child abduction has been committed. It’s NOT a custody dispute – It’s an International Abduction Treaty!

On August 23, 2012, a Canadian Judge has ruled that my son’s case is NO LONGER just considered and "Alleged Abduction" as the Ontario Criminal Courts ruled that my ex-wife is in breach of Canadian Laws and her father has been found "GUILTY" in assisting my sons International Parental Child Abduction. His sentencing is scheduled for October 24, 2012.

Also take note that we have evidence to show that the Polish Courts may have broken 4-treaties with our country of Canada in this case.

? - What is the Prime Minister of Canada going to do to get my sons home?

? - Exactly - Why have no other politicians in Canada said anything in this matter considering the Criminal Court ruling made here in Canada?

The fight to get my two abducted sons home is NOT over even though I feel like I am only one Canadian man fighting another nation on his own. Where is the support from our Canadian Government?

I am drafting a new letter to the Prime Minister of Canada asking him this question and you will be completely surprised on two other people who are also receiving a copies of this letter.

Keep watching this link for the release of this letter to the PM in the next few weeks.

Your comments and suggestions are welcomed!

No Parent should ever have to work this hard to get their Missing / Abducted children home. Thank-You for your support!

VIDEO LINK:
Watkins Missing Children - International Child Abduction Question - Prime Ministers of Canada / Poland
Watkins Children - International Child Abduction Question - Prime Ministers of Canada / Poland - YouTube

FB: Watkins Missing Children | Facebook
YOUTUBE: Stephen Watkins - YouTube
WEBSITE: ALERT ! - ABDUCTED MISSING CHILDREN : Alexander Watkins & Christopher Watkins
TWITTER: https://twitter.com/Child_Abduction
Hi Stephen,

The Conservative Party has promised Canadians as part of their election campaign to get tough on crime. This was part of the Omnibus bill.

Conservatives’ omnibus crime bill clears Commons | News | National Post

So where are they on getting "tough" on this now with regards to the criminal conduct of the two people in question? They made a promise to Canadian citizens to "get tough on crime" but, where are they when citizens of Canada, whom were abducted from their habitual residence and are now being held hostage by another country?

Your children didn't end up in Poland on consent or court order - they were taken in CONTRAVENTION of a court order and long standing conduct identified as CRIMINAL by the Criminal Code of Canada.

Your children Canadian citizens who were abducted from their habitual and primary residence of Ontario, Canada and the perpetrators of this crime have been convicted of this crime.

Not only does this represent criminal conduct in the actions taken against you as a parent but, a malicious form of *child abuse* and *psychological abuse* has been conducted in accordance with the Criminal Code of Canada.

In the wise words of Honourable Mr. Justice Pazaratz in Izyuk v. Bilousov, 2011 ONSC 6451 (CanLII):

Quote:
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.
The Polish court is trying to argue that the "status quo" of your children's residence and it is in their best interests to remain in Poland. This is hogwash in that as clearly identified in <> by the Honourable Mr. Justice Pazaratz, that this kind of conduct needs to be dealt with or it will continue:

Quote:
If past behaviour is a predictor of the future, assessors and courts have an obligation to address – and seriously sanction – common and predictable strategic behaviours intended to create an inappropriate status quo.
So, if a Justice of the Superior Court in Canada can identify "common and predictable strategic behaviours" to create "status quo" then why can't the Polish court? What is their motivation to not act, as our justices in Canada who "have an obligation to address – and seriously sanction" this kind of behaviour?

Where is the Polish Canadian community on all of this? Where is their support to have these children returned to their rightful home, a home that they now share with your children?

My recommendation, is to use the words of our court system, posted in publicly accessible systems to communicate to our government that the courts here do not permit this kind of conduct and that they should expect other nations to do the same. Canada is a model for other nations and respected across the globe for equality of all citizens. Unfortunately your children, our citizens, are being held as political prisoners in my opinion.

Good Luck!
Tayken

Last edited by Tayken; 09-10-2012 at 06:54 AM.
  #27 (permalink)  
Old 09-10-2012, 07:54 AM
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I'm not on Facebook but would be happy to sign a petition of any kind relating to this matter that is to be forwarded to Stephen Harper.

Same old story: if it happened to their kids or someone in their family there would be much swifter action.

My comment: What an incredibly lame, non-committal remark - cowardly even, by the Prime Minister of this Country.
  #28 (permalink)  
Old 09-10-2012, 06:29 PM
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Quote:
Originally Posted by Tayken View Post
Hi Stephen,

The Conservative Party has promised Canadians as part of their election campaign to get tough on crime. This was part of the Omnibus bill.

Conservatives’ omnibus crime bill clears Commons | News | National Post

...

In the wise words of Honourable Mr. Justice Pazaratz in Izyuk v. Bilousov, 2011 ONSC 6451 (CanLII):

The Polish court is trying to argue that the "status quo" of your children's residence and it is in their best interests to remain in Poland. This is hogwash in that as clearly identified in <> by the Honourable Mr. Justice Pazaratz, that this kind of conduct needs to be dealt with or it will continue:

Tayken
Thanks for this input
  #29 (permalink)  
Old 09-10-2012, 06:30 PM
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Proposed Canadian iCHAPEAU Act Law - For those who are following my posts regarding bringing new laws here in Canada to help stop countries from harbouring and not returning our children after an international child abduction due to their non-complacencies of the Hague Convention Treaty as well as legislation implementation to stop international child abductions by a fleeing parent. I want to report that one of the laws we are going to try to implement here in Canada has just become LAW in California TODAY!

Here is the Post from Randy Collins who is the co-author of a law named after his abducted son (Keisuke's Law):

“IT IS OFFICIAL...The Governor has signed SB 1206, Keisuke's Law! It takes affect on January 1, 2013. I want to thank Senator Mimi Walters and her staff for their hard work for making Keisuke's Law a reality. I also want to thank all of my friends and family for their thoughts, prayers, and support. I am truly blessed.”

The proposed federal law called - CANADA's " iCHAPEAU " ACT - which stands for the:
International Child Harbouring & Abduction Prevention Enforcement Act Under-Law - would be made up of suggestions from Canadian parents and an amalgamation of several US laws being passed or already passed in the United States.

These are:

US FEDERAL LAW - LAW HR1940, David Goldman
US FEDERAL LAW - Prevent Departure Program (PIPCA)
California LAW - SB1206, Randy Collins
California LAW - FL 341b Form (Judges Check List)
Florida LAW - Child Abduction Prevention Act (CAPA), Carolyn Ann Vlk

Due to the fact that Canada may be 10 years behind in creation of laws to prevent child abductions from Canada, we need to take all the work and efforts by other parents dealing with international child abductions of their own children and keep the momentum going here in Canada to mirror US laws. It is a great to see that our parents of the iCHAPEAU Association are moving in the right direction.

Senator Mimi Walters wrote on her Facebook Wall on august 20th:

“SB 1206 Keisuke (or Case-K's) Law was approved by the Assembly 70-0, to attempt to prevent child abduction to foreign countries.”

Until our website is ready… Please share these links

IMAGE:
PRESS RELEASE | Facebook

PRIVATE MESSAGE TO FACEBOOK:
Stephen Watkins | Facebook

E-MAIL:
Info@iCHAPEAU.ca

Thanks!
  #30 (permalink)  
Old 09-11-2012, 12:56 PM
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Hi All,

I highly recommend everyone who's children have been removed in contravention of Section 283.(1) and 282.(1) of the Criminal Code of Canada view the video in this article in full.

Defiance of the Court: New Japanese Parental Abduction from Seattle Demonstrates the Need for New Preventive Regulation (Keisuke’s Law) | For Rui Boy

Parents, who have abducted their children in contravention of these laws should also view this video. Any parent, who's children are abducted through false hood and lies, even with "police assistance" (false allegations) need to view this material as well.

What Stephen is bringing forward is not just an "international" challenge. Parents are removing children, without consent or a court order and attempting to use "emergency" ex-party motions wrongfully to gain temporary custody and limited access to the other parent. (See Shaw v. Shaw as a concrete example and other threads on this site.)

Good Luck!
Tayken
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