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  • Watkins Missing Children - NEWS UPDATE

    NEWS TODAY (AUG 23) - After computer glitch delays ruling in Canadian to Poland International Parental Child Abduction case of the “Watkins Missing Children” last July 13th 2012, the Final Ruling in kidnapping case in the Canadian criminal courts will be heard later today (August 23, 2012)

    Read Article here:
    YorkRegion Article: Glitch delays ruling in Polish abduction case

    More Info here:
    Watkins Missing Children | Facebook

    This Thursday AUGUST 23, 2012 a Judge of the Canadian Criminal Courts in Newmarket, Ontario will make a final ruling if the Grandfather, Tadeusz (TED) Ustaszewski, is guilty of assisting his daughter in the in the International Parental Child Abduction Case of Alexander & Christopher Watkins also known world-wide as the “Watkins Missing Children".

    It will be held in Room ??? at 2:15pm in the Superior Courts in Newmarket, Ontario, Canada.

    "With all the evidence collected by York Regional Police, the RCMP along with assistance by U.S. Homeland Security, if the ruling come in as not guilty verdict - I believe it will send a strong message to all Canadian's and North Americans that if family and friends helps in Parental Child Abductions or International Parental Child Abductions that crimes against children will go unpunished by the Canadian courts. It may also lead to many more family assisted parental child abductions in our Canadian society." says Stephen Watkins

    A Canadian Cancelled Passport was used in this international child abduction. See the news reports and interviews with York Regional Police here:

    GLOBAL NATIONAL NEWS: Missing Children - International Child Abduction - Cancelled Passport Used (January 28, 2011)
    GLOBAL NATIONAL NEWS: Missing Children - International Child Abduction - Canceled Passport Used - YouTube

    York Regional Police - Online Media Conference (January 20, 11)
    BREAKING NEWS: Canadian Police want Europe Media & Public Help in International Child Abduction case - YouTube

    CHARLES ADLER - LAST INTERVIEW with STEPHEN WATKINS (June 4, 2012)
    International Parental Child Abduction - Canada Fighting to Get Kidnapped Kids Back from Poland - YouTube


    Poland, who has been a non-complaint member of the Hague Convention for years has ordered the two Canadian children NOT to return home to Canada even though they were in hiding for more than 1.5 years either in Germany or in Poland. In addition, in contravention to the Hague Convention procedures, it took the Polish Courts 11-months to contact the searching father and Canadian authorities on the whereabouts of the missing Canadian boys even though another Polish Court already had a Hague Convention Application field by Canadian authorities and Ordered Polish Police to search Poland-wide on January 8, 2010. Polish Court papers documents that as early as September 14, 2010 show that the missing / abducted Canadian boys were living in the owned residence of the accused Grandfather, Tadeusz (TED) Ustaszewski, in Warsaw, Poland. Polish Police later confirmed this information with York Regional Police. Tadeusz Ustaszewski had refused to help York Regional Police help locate the missing children.

    The abducting Mother, Edyta Ustaszewska (Watkins) has had her Parental Rights limited by the Polish Courts due to the fact that while the children were still in hiding and their whereabouts unknown by Canadian authorities the Polish School where the boys were enrolled, brought a motion to the Polish Courts themselves citing child protection concerns against the mother. A Polish Court Appointed Guardian has been assigned to the boys in Poland. The exact same scenario also played out here in Canada in 2007 when a Canadian school in Toronto also called the Children's Aid and a Child Protection Order in the Ontario Courts also lead to the apprehension of the boys out of the mothers care and placed with the father. The Ontario courts granted final sole custody of the boys to the father, Stephen Watkins, in January 2009. The boys were kidnapped 6 weeks after during a weekend access visit.

    The Polish Courts agree that an International Kidnapping Crime has been committed and that the father had sole custody of the children prior to their International Child abduction but have refused to return the two Canadian children back home to Canada. Poland Courts have also refused to take any action to Canada's Issuance of an INTERPOL "Red Notice" for the arrest of the abducting mother Edyta Ustaszewska and where her profile can also be found on the RCMP's Canada's Most Wanted list online.

    Prior to June 1st, Tadeusz (TED) Ustaszewski lawyer tried to file an 11b Application in the Newmarket Criminal Courts citing un-due delays to complete the criminal proceedings and that the charges should be dropped. Information provided by the Courts Victim Services Office explains that Tadeusz Ustaszewski had been stalling the courts for years either by firing his lawyer or bringing in doctors notes saying that he could not attend the criminal trial. On June 1st the Criminal Court Judge stayed the charges and the criminal proceeding continued on June 22 in the Newmarket Criminal Courts.

    There has been NO further action on Tadeusz Ustaszewski for the International Child Abduction of the two Watkins boys and he has been free since his arrest on only a “Promise to Appear” agreement. There was NO incarceration or bond set in this case.

    The Grandfather was charged in International Child Abduction while the boy Father, Stephen Watkins, continues to fight in the Polish Courts for the return of his two Canadian Missing / Abducted children. ALEXANDER & CHRISTOPHER WATKINS, were abducted internationally from Canada into the United State then to Europe with the use of a "Canceled" Canadian Passport by the non-custodial Mother, Edyta ( Ustaszewski / Ustaszewska ) Watkins and two Canadian Passports of the children where she refused to turn over to the Ontario Courts on multiple court appearances. The Ontario Courts failed to enforce their own orders and did not take any action even though the issue of an International Child Abduction was very likely which was brought up by the fathers legal council to the Judge during the custody trial in December 2008. The Abducting mother's Canadian Passport had been confirmed Canceled by the Ontario Government and confirmed by the Ombudsman of Passport Canada 42-Days prior to the abduction of the Watkins Children. The children's Canadian Passports were Ordered by the Courts to be handed over repeatedly, with the non-custodial Mother refusing to comply.

    Their grandfather, Tadeusz (TED) Ustaszewski is charged by York Regional Police (YRP) with assisting in this International Child Abduction and the children's disappearance. He solely picked up the boys at their schools in Newmarket for a supervised weekend visit with their non-custodial mother but instead drove all of them across into the United States and left them at a Tim Horton’s coffee shop before returning alone to Canada. The boys were to be brought back to their school in Newmarket the next day as he had previously done many times before.

    Follow the “Watkins Missing Children” case here:
    FB: Watkins Missing Children | Facebook
    YOUTUBE: Watkins Missing Children - YouTube
    WEBSITE: ALERT ! - ABDUCTED MISSING CHILDREN : Alexander Watkins & Christopher Watkins
    TWITTER: https://twitter.com/Child_Abduction

  • #2
    Where is Our Canadian Government? - International Child Abductions

    Since Poland courts has refused to return the Canadian Missing / Abducted Alexander & Christopher Watkins home to Canada and the Polish appeals Court had dismissed the fathers appeal, Stephen Watkins plans on taking this matter to the European Union Courts (EU Courts) to fight for his children's return. Stephen Watkins believes that the Polish Courts have broken 4 major Treaties signed with Canada and he is still asking the question why has not any Canadian Politician publicly helped in his fight to bring his abducted Canadian sons home?

    4 TREATIES BROKEN by POLAND with CANADA

    1 - Vienna Convention on the Law of Treaties (1969)
    2 - INTERPOL Treaty (1949)
    3 - Hague Convention on the Civil Aspects of International Child Abduction (1980)
    4 - United Nations Convention on the Rights of the Child (CRC or UNCRC)(1990)


    What’s the purpose to be a signatory of a treaty when other countries will not follow them? We need to send a strong message to the international community that this will not be tolerated by Canada. The Canadian government cannot just sit idle while other countries are clearly not following our agreed treaties.

    We have now found a 4th International Treaties which the Polish Courts have broken which could affect Poland's relations with Canada. The new plans being conceived and shared will not only specifically target the country of Poland but also other non-compliant nations as well which our Canadian children have been abducted and retained.

    Again, I welcome Politicians of Canada to step forward to champion the cause to protect our Canadian Citizens, even if they are Children, to bring awareness to the problems of International Child Abductions. We need more diplomatic actions for the return of our children who have been illegally abducted and retained in other countries and to fight to uphold the treaties of the 1980 Hague Convention on the Civil Aspects of International Child Abduction by countries with which Canada enjoys reciprocal obligations and the United Nations Rights of a Child (CRC) which makes International Child Abductions and retention a crime against children.

    The Canadian Prime Ministers excuse that, “it’s in the courts” is not an justification for another nation to be allowed to break treaties.

    FULL RAW VIDEO - Two World Leaders Speak - PM of Canada / PM of Poland Answer Media Questions About This International Child Abduction (May 15, 2012)
    Watkins Children - International Child Abduction Question - Prime Ministers of Canada / Poland - YouTube
    (Not Fully Reported - Raw Video Courtesy of Global National News)

    IMPORTANT NOTE: The Hague Convention is NOT A CUSTODY mater. It is a legal mechanism and international treaty among nations to return abducted children back home to their habitual country after the crime of kidnapping has occurred. Foreign courts do not make custody decisions. From the RAW VIDEO, it seems that the Polish Courts and the Polish Prime Minister have no knowledge of what is the Hague Convention is or how it works.

    Do not the words in our National Anthem say, "O Canada, we stand on guard for thee?" Have our Canadian government forgotten this? I welcome Politicians to contact me directly to participate in our Next Steps and to help champion new Canadian National Laws and to impose sanctions against countries who consistently break international treaties they are a signatory.

    Media help to report and raise awareness of this case and of the issues of International Parental Child Abductions is greatly appreciated and welcomed by me, my family and so many other familes who are also living this same nightmare. Also to ask the question on why has there been NO political clout or assistance in this matter as this is a case which clearly shows another county completely disregarding our Canada's signed treaties.

    Follow the “Watkins Missing Children” case here:
    FB: Watkins Missing Children | Facebook
    YOUTUBE: Watkins Missing Children - YouTube
    WEBSITE: ALERT ! - ABDUCTED MISSING CHILDREN : Alexander Watkins & Christopher Watkins
    TWITTER: https://twitter.com/Child_Abduction

    Comment


    • #3
      Dear Stephen,

      Welcome to the Ottawa Divorce Forum! Your matters have been talked about on this forum in the past and as an advocate against the removal of children from their habitual residence in contravention of the Criminal Code of Canada (CCC) section 282.(1) and in more particular 283.(1) let me the first to welcome you to the forum!

      Your insight into the incredibly complex challenges regarding the abduction of children internationally is a tremendous asset to this community.

      Your dedication to the safe and proper return of your sons and your efforts to return them and bring light to the aspects of child abduction in contravention of the Criminal Code of Canada and the Hague Convention is greatly appreciated and needed.

      A question when you have time to respond:

      In particular what charge has been laid against Tadeusz (TED) Ustaszewski in the matter? A charge under section 282.(1)?

      For more information for others interested in the complexities of the "CRITERIA IN RESPECT OF SECTIONS 282(1) AND 283(1) OF THE CRIMINAL CODE" please see the following link:

      Parental Child Abduction - Alberta Justice

      Parental child abduction occurs when one parent, without either legal authority or the permission of the parent who has lawful custody, takes a child from this other parent. In both cases, although children may not be in extreme physical danger, their lives are greatly disrupted. Children have the right to security, stability and continuity in their lives. And when one parent unilaterally takes exclusive possession of a child, the child is deprived of these rights. The purposes of ss. 282(1) (parental child abduction where there is a custody order in effect) and 283(1) (parental child abduction where there is not a custody order in effect) of the Criminal Code are to prevent such outcomes, to encourage parents to settle child custody and access issues in court, and to abide by any court orders that are made.
      http://www.ag.gov.bc.ca/prosecution-...onChildren.pdf

      Children have the right to security, stability and continuity in their lives. The purpose of these Criminal Code provisions is to prevent one parent from unilaterally taking exclusive possession of a child. The legislation is designed to ensure that parents obtain the Court's permission before one parent's right to possession is made paramount over the other parent's rights
      My thoughts and hopes go out to you and your family today! Hopefully a proper president will be set and forge case law that assists other parents in insuring their children are not abducted through the assistance of friends, family members and other third parties in contravention of CCC 282.(1) and 283.(1).

      This would send a strong message to the negative advocates and the parents who use children as pawns in matrimonial disputes, disrupt their lives and ultimately BREAK THE LAW in their conduct.

      In my opinion the Children's Law Reform Act needs significant changes in Ontario that govern the conduct of shelters and other third parties whom often under false pretenses from a parent and often in contravention of the Criminal Code of Canada who (shelters) often present themselves as lawful care providers of children under the age of fourteen years, actively conceal, detain, receives and harbors these children, whether or not there is a custody order in relation to the parent presenting themselves and being admitted for the shelter's services.

      In my opinion all conduct of the shelter, intake forms, and other actions taken should be transparent to the courts and any admission to a shelter should require the immediate notification to the Family Courts and Law Enforcement of all relevant evidence to the allegations brought forward by the person being admitted into their care facility. Shelters should be governed as health care providers and have a governing body and college for workers so that proper complaints can be made against them by the general public should their services be rendered in contravention of the "best interests" of children.

      Other relevant threads on this community regarding the unilateral removal of children from their habitual residence in contravention of the CCC and CLRA that may be of some value to readers of this thread:

      http://www.ottawadivorce.com/forum/f...shoping-12010/

      http://www.ottawadivorce.com/forum/f...duction-11646/

      Good Luck!
      Tayken
      Last edited by Tayken; 08-23-2012, 06:59 AM.

      Comment


      • #4
        Good Luck !I really hope justice is served today, for you and your sons.

        Comment


        • #5
          Exactly what ML said......I will be watching for updates. All the best and good luck!!

          Comment


          • #6
            Welcome, and all the very best wishes for success in this matter.

            Comment


            • #7
              BREAKING NEWS - In a court ruling in the "Watkins Missing Children" International Child Abduction criminal court case held on August 23, 2012 the Canadian Courts found the maternal father, Tadeusz Ted Ustaszewski, GUILTY of assisting his daughter and the non-custodial mother, Edyta Ustaszewska, in the International Parental Child Abduction Case of Alexander Watkins (aka: Alek Ustaszewski) & Christopher Watkins (aka: Krzysztof Ustaszewski) also known world-wide as the "Watkins Missing Children" from Canada into the United States then to Poland. Sentencing and victim impact statements scheduled for October 24, 2012 in the Newmarket Courts, Ontario, Canada.

              MAN IN "WHITE" SHIRT IN VIDEO:
              International Child Abduction - Canadian Courts Find Grandfather GUILTY of Assisting in Abduction - 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

              The story and photos to be published by the Toronto Star on Friday August 24.

              In the Honorables summary, he noted that the allegations that Tadeusz Ustaszewski mentioned to Police of child abuse by the boys father, Stephen Watkins who was granted sole custody of his sons in a January 26, 2009 Ontario Court ruling 6-weeks prior to the boys international child abduction, were fully investigated by York Regional Police and the honorable noted that these allegations were fabricated to weigh in to justify this International Child Abduction. School teachers interviewed by York Regional Police also confirm these facts.

              It was also communicated by his Honor that with the guilty finding of Tadeusz Ustaszewski in this case that it was also clear that the abducting non-custodial mother, Edyta Ustaszewska, was also clearly in breach of Canadian Laws in this international kidnapping but the Country of Poland has yet to take any actions against the non-custodial mother who's name appears on the RCMP's "Canada most Wanted" list and on and INTERPOL "Red Notice" issued by Canada. Both Canada and Poland are both signatories of the INTERPOL treaty.

              The Judge, Crown Attorney and Tadeusz Ustaszewski Defense lawyer have agreed to forgo Jail time to a reduced sentence of probation if the boys are returned to Canada.

              International Child Abduction - Canadian Courts Find Grandfather GUILTY of Assisting in Abduction - YouTube

              Comment


              • #8
                Dear Stephen,

                On behalf of many left behind parents and their children who have been abused by abducting parents. Thank-you from the bottom of our hearts. Everything you have done in these matters can only benefit the most important assets in our country - our children.

                When you get an opportunity please post the case file number regarding this matter so it can be tracked on CanLII by members.

                Good Luck!
                Tayken

                Comment


                • #9
                  That is positive yet....so much more could have been done.Is there a timeline for the return of the boys?This is a positive development but there is such a lack of punishment for the grandfather, should the boys be returned.Im thinking anklet for life would be a safeguard at least.Just hope they are reunited soon so the family can begin to put their ordeal behind them.

                  Comment


                  • #10
                    Originally posted by Tayken View Post
                    Dear Stephen,

                    On behalf of many left behind parents and their children who have been abused by abducting parents. Thank-you from the bottom of our hearts. Everything you have done in these matters can only benefit the most important assets in our country - our children.

                    When you get an opportunity please post the case file number regarding this matter so it can be tracked on CanLII by members.

                    Good Luck!
                    Tayken
                    I asked for a copy of the transcript and I will get the number as well.

                    Comment


                    • #11
                      TORONTO STAR (August 23, 2012) - Grandfather Guilty of Aiding Abduction

                      Grandfather guilty of aiding abduction - thestar.com

                      Comment


                      • #12
                        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

                        Comment


                        • #13
                          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.

                          Comment


                          • #14
                            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.

                            Comment


                            • #15
                              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.

                              Comment

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