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  #61  
Old 11-21-2012, 12:05 PM
StephenWatkins StephenWatkins is offline
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Originally Posted by StephenWatkins:
There were 4 Victim Impact Statements read into Court which I believe will become public in this case. My 14-year year old step-daughters Victim Impact Statement, was so powerful that it reduced grown men to tears in the gallery.
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Originally Posted by Tayken View Post
My congratulations for having the courage to stand before the court and read into record her victim impact statement.
I wanted to clarify this point, I did not read the Victim Impact Statement of my 14-year year old step-daughter.

She wrote her own Victim Impact Statement without any grown-up assistance so that what is being convened in the Courts were specifically those thoughts and emotions from an individual of her age group.

She attended the sentencing herself and to court for the very first time to read her own Victim Impact Statement she wrote recently at the age of 14 years which ALSO incorporated an Victim Impact Statement he also wrote at the age of 11 years old with the guidance of counselors through sessions she had independently of my own and my partner who is her mother.

I believe her motivation, amongst facing the accused TEDEUSZ (Ted) USTASZEWSKI was to say in her own words how angry she was at him for his participation in the International Parental Abduction / Kidnapping Alexander & Christopher Watkins, it addition to also helping her own emotions for closure as she had NO say in over the last 3 years on this case.

She wanted to share with the Judge that this type of crime ALSO affects not only the custodial parent (Left Behind Parent) but also all extended family and step-siblings.

My sons considered a sister and she considered herself as a sister as we all lived together as a family unit since 2007.

I believe her words were important for the Court and Judge to hear to shed some light on how all of this affects children or (Left Behind Siblings) as this is not something that is public in these cases or rarely is there a family unit situation that is comprised of two families living together and a child abduction occurs.
  #62  
Old 11-21-2012, 12:57 PM
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Tayken Tayken is offline
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Thank you Tayken for all your incites and background information on this case.
There will be more to come as your case has been leveraged in other matters before the Superior Courts of Justice in the Ontario jurisdiction in other matters.

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I had provided your posts and your Victim Impact Statement to the Crown who found them very insightful. They mentioned that this was first Victim Impact Statement they received by an Ontario citizen, acknowledged by the Newmarket Courthouses Crown Office, as they have only in the past received these types of Victim Impact Statements from groups or associations.
My apologies due to the anonymous nature and reluctance to expose my personal identity in the matter. I sought counsel to represent me at my own expense to assist the Crown but, it was such an abstract area of law that I couldn't find an appropriate representative in time. I was prepared to retain counsel to represent me in the matter to maintain the privacy of my identity but, with the press surrounding your matter most lawyers were hesitant.

They were "hesitant" not that it was a good idea but, with the onslaught of calls from media for details on my identity that it could impact their practice and other clients.

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They could not put it in front of the court without knowing you true identity but they did read your information and may have included some of its aspects in the closing arguments.
My apologies to you, the Crown and especially Christopher and Alexander for having to maintain the privacy of my identity. I have been the target of a distortion campaign / target of blame by highly conflicted (possibly Axis II disordered) members of society for my position taken on this site, parental abduction, family law and other matters I speak to on this site.

Furthermore, there are members of this forum who have made a concerted effort to locate my identity in the past. Generally on this forum (ottawadivorce.com) my identity is of little value to anyone and what I post is hopefully more important than "who I am".

If the Crown requires a Book of Authorities ("BoA") in support of their charges I am more than happy to invest my personal time in assembling one for them to review, vet and use.

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Originally Posted by StephenWatkins View Post
I will again provide your points in the Appeal process as you have provided above.
I await the details and will investigate case law, to the best of my ability, to refute any Appeal that the defence in this matter may bring forward.

Good Luck!
Tayken
  #63  
Old 11-21-2012, 01:55 PM
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Tayken Tayken is offline
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Quote:
Originally Posted by StephenWatkins View Post
I wanted to clarify this point, I did not read the Victim Impact Statement of my 14-year year old step-daughter.

She wrote her own Victim Impact Statement without any grown-up assistance so that what is being convened in the Courts were specifically those thoughts and emotions from an individual of her age group.
Very courageous of her to do. It is high time that the court (especially Family Courts!) realize the impact that incidents like this have on all family members and not just parents.

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Originally Posted by StephenWatkins View Post
She attended the sentencing herself and to court for the very first time to read her own Victim Impact Statement she wrote recently at the age of 14 years which ALSO incorporated an Victim Impact Statement he also wrote at the age of 11 years old with the guidance of counsellors through sessions she had independently of my own and my partner who is her mother.
Hopefully with the efforts of iChapeau that are being invested by you and others no other child ever has to appear before a court in our country to read a Victim Impact Statement about a sibling who has been abducted by a parent.

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Originally Posted by StephenWatkins View Post
I believe her motivation, amongst facing the accused TEDEUSZ (Ted) USTASZEWSKI was to say in her own words how angry she was at him for his participation in the International Parental Abduction / Kidnapping Alexander & Christopher Watkins, it addition to also helping her own emotions for closure as she had NO say in over the last 3 years on this case.
More than NO say but, no contact, love, affection, relationship and friendship with her brothers whom are currently being harboured in a country in contravention of Canadian and International law. It doesn't say much to the youth of our country, whom themselves may become parents, that children are valued by our society in my honest opinion.

Please stress to your step-daughter that there are many people dedicated to the safe return of her brothers to their habitual home and native land. I may be a small voice but, collectively if the right community comes together her concerns will be heard.

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Originally Posted by StephenWatkins View Post
She wanted to share with the Judge that this type of crime ALSO affects not only the custodial parent (Left Behind Parent) but also all extended family and step-siblings.
Families today are dynamic and different. It is great that your step-daughter, unlike the abducting parent and supporting family members who abducted her brothers, Christopher and Alexander, are unable to see the matters from the eyes of a child realizes this very important fact.

But, I suspect Christopher's and Alexander's abductors lack the emotional (psychological) ability to see the true impact they have had.

Furthermore, I hypothesize that the abductors themselves may have possibly grown up in psychologically and physically abusive childhoods and that this generational transference of this emotional instability, as studied by Dr. Christine Ann Lawson, is reflective possibly of Dr. Lawson's architypes of the "queen" and/or "witch" mother.

Understanding the Borderline Mother: Helping Her Children Transcend the Intense, Unpredictable, and Volatile Relationship: Christine Ann Lawson: 9780765703316: Amazon.com: Books

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Originally Posted by StephenWatkins View Post
My sons considered a sister and she considered herself as a sister as we all lived together as a family unit since 2007.

I believe her words were important for the Court and Judge to hear to shed some light on how all of this affects children or (Left Behind Siblings) as this is not something that is public in these cases or rarely is there a family unit situation that is comprised of two families living together and a child abduction occurs.
Please share with your step-daughter that I hold faith still that her brothers, Christopher and Alexander, will one day be returned to their home and native land.

Please also share with your step-daughter that although her brothers are currently with their mother they are still half their father too. That they have many of the positive traits that she has come to love in you, Stephen, as a parent and I hold hope in the 50% that composes both Christopher and Alexander that comes from their father.

Good Luck!
Tayken
  #64  
Old 11-21-2012, 05:19 PM
sahibjee sahibjee is offline
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I know you had mentioned questions before and I hope that with your ability to read the Transcripts, through the download link, that they have been answered. It was interesting that the defence tried to play the fact that the written order was signed the day after the abduction trying to argue that there was no custody order in place. I believe this is an important point for all of you on this forum as the Criminal Courts have ruled that orders are enforced the date upon the Judges endorsement and NOT when the court clerks finally get arround to making a final stamped page from the courts.
I am signing up at the iCHAPEAU forum, do we have a canlii link for the part in bold? this could prove to be of prime importance in several cases i.e. my current situation where the judge has signed off at increased access to me but the opposing counsel continues to deny to comply until a stamped copy is received.
  #65  
Old 11-21-2012, 05:23 PM
sahibjee sahibjee is offline
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btw somethings wrong on the iCHAPEAU signup forum. it says

"All in One SEO Pack must be configured. Go to the admin page to enable and configure the plugin.
All in One SEO Pack now supports Custom Post Types and Google Analytics."
  #66  
Old 11-21-2012, 08:02 PM
StephenWatkins StephenWatkins is offline
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Default "Was There A Valid Court Order"

"Was There A Valid Court Order"

Quote:
Originally Posted by sahibjee View Post
I am signing up at the iCHAPEAU forum, do we have a canlii link for the part in bold? this could prove to be of prime importance in several cases i.e. my current situation where the judge has signed off at increased access to me but the opposing counsel continues to deny to comply until a stamped copy is received.
Not sure yet if a canlii has been created as the final sentencing is on December 4, 2012. The GUILTY verdict has been upheld by the Judge after an attempt for a mistrial application. You can see the transcripts of the Judges Decision from this DOWNLOAD LINK. More transcripts to be made available upon receipt.

COURT TRANSCRIPTS DOWNLOAD:
http://www.keepandshare.com/doc/4816...23-2012-c?da=y

REFER TO PAGE 3 "Was There A Valid Court Order" (Page 4 of PDF Doc)

"Was There A Valid Court Order"
12. The defense submits that there was not a valid custody order in place on March 8th, 2009, the date of the abduction. The formal written order approved by both parties was not entered in the office of the Registrar until after that date so the defense submits that Justice Waldman’s order was invalid until that process was complete. That submission is contrary to the Family Law Rules which provide in Rule 25 for the preparation and formal entry of court orders but which state at Rule 25(18) that, “an order is effective from the date on which it is made, unless it states otherwise.” Rule 59.01 of the Rules of Civil Procedure contains the same direction.

By the way, thanks for the heads up about the SEO message as I was not aware that public could see this. This has been fixed. Website is still under construction and work in progress.

Last edited by StephenWatkins; 11-21-2012 at 08:07 PM. Reason: Missing an "l" in Rule
  #67  
Old 11-21-2012, 10:09 PM
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Tayken Tayken is offline
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REFER TO PAGE 3 "Was There A Valid Court Order" (Page 4 of PDF Doc)

"Was There A Valid Court Order"

12. The defense submits that there was not a valid custody order in place on March 8th, 2009, the date of the abduction. The formal written order approved by both parties was not entered in the office of the Registrar until after that date so the defense submits that Justice Waldman’s order was invalid until that process was complete. That submission is contrary to the Family Law Rules which provide in Rule 25 for the preparation and formal entry of court orders but which state at Rule 25(18) that, “an order is effective from the date on which it is made, unless it states otherwise.” Rule 59.01 of the Rules of Civil Procedure contains the same direction.
Just to clarify further...

Unless otherwise stated by a justice, the oral delivery of the decision on the date and time it is delivered *is* the date of issue.
Rule 25(18) that, “an order is effective from the date on which it is made, unless it states otherwise.” Rule 59.01 of the Rules of Civil Procedure contains the same direction.
Even unrepresented litigants with half a brain know this simple fact... It is disappointing that the judge even had to recant this fact of law in the decision wasting taxpayer money on having to address such a hopeless argument presented in defense.

Good Luck!
Tayken

Last edited by Tayken; 11-21-2012 at 10:11 PM.
  #68  
Old 11-22-2012, 01:10 AM
Peaboo Peaboo is offline
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good luck and glad i read this information
  #69  
Old 11-25-2012, 12:15 AM
sahibjee sahibjee is offline
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Quote:
Originally Posted by Tayken View Post
Just to clarify further...

Unless otherwise stated by a justice, the oral delivery of the decision on the date and time it is delivered *is* the date of issue.
Rule 25(18) that, “an order is effective from the date on which it is made, unless it states otherwise.” Rule 59.01 of the Rules of Civil Procedure contains the same direction.
Even unrepresented litigants with half a brain know this simple fact... It is disappointing that the judge even had to recant this fact of law in the decision wasting taxpayer money on having to address such a hopeless argument presented in defense.

Good Luck!
Tayken
thanks for the clarification, i have had about 4 family court dates so far, on each date the judge wrote the endorsement on the same day (not the order) but i am assuming that if it were a motion few hours long perhaps judges write the endorsement in their chamber hours?

i think the defense referenced above *could* be my ex's lawyer (pun intended) .. if not then certainly our law education system needs a major overhaul!
  #70  
Old 12-03-2012, 08:52 PM
StephenWatkins StephenWatkins is offline
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Default Press Release (Dec3) iCHAPEAU Association at Criminal Sentencing of Grandfather

RE: Press Release (Dec-3-2012) iCHAPEAU Association at Criminal Court Sentencing of Grandfather Guilty Of Aiding Canadian Abduction in Watkins Missing Children Case



MEDIA INVITATION TO ATTEND COURT TOMORROW IN NEWMARKET

DATE: December 4, 2012

TIME: 2:15pm (Sentencing Time)

LOCATION: Newmarket Court House

ADDRESS: 50 Eagle St W, Newmarket, ON L3Y 6B1


(-PRESS RELEASE-) December 3, 2012

Parental Child Abduction is an occurrence in Canadian society as can be witnessed by the latest child kidnapping of Nine-year-old Jasmine Olleik out of Ottawa last weekend by the estranged little girls Mother who did not have custody. The iCHAPEAU Association is reaching out to the father to contact our group should he need support during this traumatic time while Ottawa and Toronto Police search for his little girl.

On December 4, 2012 the sentencing of the Grandfather found guilty on August 23, 2012 in aiding Canadian Abduction in the Watkins Missing Children case will finally be announced in the Newmarket Courts at 2:15pm after over two and a half years. It was originally scheduled on November 20, 2012 but the Honorable Justice J.F. KENKEL decided to deliberate on this decision as it has been confirmed by the Newmarket Ministry of the Attorney General Crown, who is prosecuting this case and by other sources, that this is the FIRST PRECEDENT setting conviction in Canadian history of a family member being found guilty of assisting in a Parental Child Abduction under the Canadian Criminal Code, section 282 (1) offence. (Court Transcripts can be downloaded from the link below with an account)



On November 20th, a group of parents whose children have also been nationally / internationally abducted from Canada to different countries attended the Newmarket Courts in Ontario to hear the criminal sentencing of TEDEUSZ (Ted) USTASZEWSKI, a family member who assisted in the Parental Child Abduction of two Canadian boys, Alexander & Christopher Watkins, who the country of Poland has refused to return home to Canada. Their father, Stephen Watkins, is still fighting the Polish Courts to have is sons returned home even though he had sole custody prior to their abduction and the abducting non-custodial mother has had her parental rights limited by the Polish Courts due to child protection concerns brought by the boys Polish school.



Using the Newmarket Courts as a background to the event launch and on its particular sentencing day of the accused, the group of Canadian parents wanted to help drive the point to our elected Canadian officials that a crime has been committed, to help support all provincial court jurisdictions and police agencies across Canada and to send a clear message to other countries that Parental Child Abductions is a CRIME IN CANADA covered in the Canadian Criminal Code. It is also covered by multiple treaties including the Hague Convention on the Civil Aspects of International Child Abduction and the UN's Convention of the Rights of the Child (UNCRC).

This group of parents has launched a new Canadian organization called the iCHAPEAU Association and are proposing new Federal / Provincial Canadian Law called: Canada's iCHAPEAU Act

The iCHAPEAU stands for the International Child Harbouring & Abduction Prevention Enforcement Act Under-Law

These parents are working together to help STOP Parental Child abductions by campaigning for the proposal of Canadas iCHAPEAU Act to provide better tools to Family Courts to detect and PREVENT child abduction cases along with giving our Canadian government more solutions when dealing with international child abductions when Canadian children have been retained or harboured by foreign nations and ordered NOT to be retuned through the non-compliances of international treaties already signed with the country of Canada.

The November 20th Launch for the iCHAPEAU Association date was also significant as it was also the United Nations Universal Children's Day recognized World-wide and the day Canada marks the day in which the Assembly adopted the "Declaration of the Rights of the Child", in 1959, and the "Convention on the Rights of the Child", in 1989.

A Toronto Star reporter was on hand, who was specifically covering the criminal proceedings of the Watkins Missing Children, where it was decided by the presiding Ontario Criminal Court Judge, to be deliberated upon and where the sentencing of the accused will be finally announce after being in the Ontario courts for over two and a half years on December 4th, 2012 at 2:15.

There were 4 Victim Impact Statements read into Court on November 20th, including moving testimony of that of a 14-year old step-sister of the abducted two boys which was so powerful that it reduced grown men to tears in the gallery. In the final Victim Impact Statement made by Stephen Watkins, he mentioned the creation of this new Parents Association in Canada along with acknowledging the presence other parents who are dealing with similar cases within the court room.

The Canadian parents in attendance:

- STEPHEN WATKINS Missing / Abducted: Alexander & Christopher Watkins
Alexander & Christopher Watkins | Canada's iCHAPEAU Law

- CESAR CAETANO Abducted: Alice Caetano
Alice Caetano | Canada's iCHAPEAU Law

- GRZEGORZ NOWACKI Aleksander Nowacki
Aleksander Nowacki | Canada's iCHAPEAU Law

- BRUCE GHERBETTI Rion Suzuki, Lauren & Julia Gherbetti
(Attended in spirit as he is currently in Japan)
Rion Suzuki, Lauren & Julia Gherbetti | Canada's iCHAPEAU Law

- Other Non-Public iCHAPEAU Association Members were also in attendance

These public cases represent 7 abducted Canadian children who have been illegally kidnapped from Canada and harboured by other non-compliant nations such as Poland, Brazil and Japan.

There were other affected parents in attendance whose cases are not publicly known as well. In total, the iCHAPAEU Associations public and non-public cases represents a total of 15 abducted children to date and more parents are starting to contact the iCHAPEAU Association to share their cases.

The iCHAPEAU Association will have all their members cases publicly shown to bring more attention to their cases along with the issues of Parental Child Abductions which affects 83% of all child abductions from Canada.

Help by sharing their links on their Facebook page http://www.facebook.com/iCHAPEAU or going to the official website which was also launched on November 20th here: Canada's iCHAPEAU Law (Operational but work still in progress)

The iCHAPEAU Association has also launched a FORUM on Canada's iCHAPEAU Law dealing specifically with Parental Child Abduction and Child Abduction. From information provided by Partners and Missing Children Organizations, this may be the first FORUM if its kind in Canada. The forum can be found here: FORUM | Canada's iCHAPEAU Law

See the original PRESS RELEASE sent to Media on November 19th below with background info of the "Watkins Missing Children Case" here:
FORUM Canada's iCHAPEAU Info Center iCHAPEAU Association Announcements Press Release (Nov-19-2012) - iCHAPEAU Association Launched at Criminal Court Sentencing of Grandfather Guilty Of Aiding Canadian Abduction in ?Watkins Missing Children?

"No parent should have to work this hard to get their missing or abducted children back home" ~ Stephen Watkins


Ontario Court Of Justice JUDGMENT for Tadeusz Ustaszewski (August 23, 2012)
COURT TRANSCRIPTS DOWNLOAD:
http://www.keepandshare.com/doc/4816...23-2012-c?da=y

Grandfather guilty of aiding abduction - Toronto Star - August 23, 2012
ARTICLE:
Grandfather guilty of aiding abduction - thestar.com

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


If your Child has been abducted within CANADA -or- from CANADA to another country, contact the iCHAPEAU Association.

Canadas iCHAPEAU Association
Please JOIN, LIKE and SUBSCRIBE to help share the iCHAPEAU cause:
FACEBOOK: http://www.facebook.com/iCHAPEAU
WEBSITE: Canada's iCHAPEAU Law
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