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I am a Dad that will do anything for his kids and I refuse to not be a part of their lives

Friday, July 10, 2015 - Fathers - Jeff Stapleford

In Nov 2011 my now x abducted our 4 American children from Michigan and took them to Ontario. She went to a women's shelter and claimed abuse. I immediately filed for divorce in the United States. The result was that I was given 40% physical parenting time and joint legal custody. My x was forced to admit that there was never any domestic violence and it is actually part of my decree nisi. What we did not know was that my x had employed CAS in Ontario to essentially trump US jurisdiction. After pleading with me to return to Ontario because she needed help with the children, I rented a townhouse. The minute I stepped foot in Canada, I was given paperwork apprehending the children from me because I was a danger. And so began a massive legal battle in two jurisdictions. I went from 40% time with my kids to an hour supervised per week. After a total of 4 years since the children were abducted, I was finally able to fight back and CAS in Canada has withdrawn.

I was able to finally see my kids again per my US order, but now the children are completely messed up, brainwashed and aggressive. As it turns out, my x (with the aid of CAS) was able to put my children through domestic violence counseling where she sat with my children and made things up to a Therapist. From there my children were put into additional counselling to deal with the damage caused by dad. Unfortunately, it is all based on a lie. She has been forced to admit (my x) that nothing ever happened. The Counselling facility is refusing access to the records, and so I have been forced to file a HIPA request to gain access. I took CAS to CFSRB and won and they were forced to provide full disclosure...but haven't and now we are on to round two with CFSRB to force the truth to come out. When this is over, and CAS is found negligent, I am taking the CAS and the counselling facility and the Police to US Federal Court. As it turns out, everyone knew my kids were American and yet denied them access to the consulate...to legal counsel.

Their mother was not even in the room when the kids were questioned. Everyone is trying to say that mom consented, but as I have copies of the documentation, there is no written consent. And even if she had, I share joint legal custody. She does not have the authority to do so. And as far as CAS is concerned, they are bound by more than just the CFSA. They tried to tell me that they only have to follow the CFSA, but then I asked them where diplomatic immunity falls in the CFSA...they admitted it did not, but they have to respect it.

So I said, so you do have to follow more than the CFSA, but also other treaties such as diplomatic immunity made possible by the Vienna Convention. So if that is the case, then why did CAS fail to follow the UN Charter of Children's rights as both Canada and the USA are signatories. As you likely guessed I live in United States again...where I am safe from persecution. When I was in court in Canada, the judge told me one time that my x did not have to follow the US orders because she was in Canada.

So I moved back to United States then asked the same judge....if she does not have to follow the US orders because she does not live there, does that mean I do not have to follow yours because I do not live in Ontario? Or is this finally the point where you recognize that my children have rights under International Law that exceed this jurisdiction?

Let's just say the judge was not pleased but understood my point.

So that is where I stand now...gearing up for round two with CFSRB, and then filing in US Federal Court to hold everyone accountable that screwed up my kids lives. You will likely read about it in the papers, as this will be the first time CAS is prosecuted from US Soil. But I guess that is why we have International Treaties and why I am not longer a resident in Ontario. I have to file in my jurisdiction, and then re-file in Ontario to have whatever damages are assessed enforced under International Law. It is about time these monsters are held accountable for their actions. I am a Dad that will do anything for his kids. I am not a door mat, and I refuse to not be a part of their lives...no matter the cost.

- - - -

I finally have my US Court order being followed. What happened was, when she took the kids the US order read that she was to put the kids in school by a certain date or return them to the marital home. As it turns out my x fraudulently applied for the kids Cdn citizenships so she could put them in school, in order to circumvent the originating US order. Once she had applied she was able to register them in Cdn school and keep the kids. She a month later admitted to the US court that she was still a US resident not Cdn. But in Canada to get citizenship the way she did for the kids, she has to be a permanent resident which she was not. So now, I am filing under the Hague convention for the return of the kids. The tricky part here is that the kids have been in Canada too long. So I have had to find case law that substantiates the fact that she lied and withheld the citizenship paperwork in order to defraud the US System. That she defrauded the Cdn government to get citizenship when the kids were ineligable. And that by using CAS, the time the kids were in Canada, the children's date of entry is frozen until the date of their initial involvement. So there are some serious hurdles to overcome here. The goal now is to have a hearing and determine what is to happen. I can now definitively prove that my x committed fraud and that CAS helped her. It is from the CAS notes that I am able to determine the how she did it and the why, and how she expedited citizenship. The part that is incredible, is that CAS was party to these felony actions and yet stood by and aided her in doing so. There is so many messed up things about this case. So to answer you simply....I am working on getting them back here...but it takes time and money and resolve. No one wants the truth out there, but one piece at a time right. For my time with the kids, I bring them over to the USA in the jurisdiction of the court, so my x cannot apply to move jurisdiction, and by being on US soil CAS cannot interfere.


She admitted in our divorce proceedings in Michigan that no domestic violence ever happened. But after the divorce made the claim of domestic violence in Ontario. So Canada claimed it could trump the US orders and jurisdiction as this was new claims of abuse etc. But all of it was a lie. In the end it was dismissed, but it took 3 years of limited to no access to my kids, and my life savings to fight back against CAS.


CAS had written knowlege as well as verbal that the kids had been removed from the USA without my knowledge and brought to Canada. They also had knowledge that I had not granted permission...from mom's own written words. That is felony abduction, and yet they never informed the RCMP. Instead they set mom up with housing and welfare and made it very difficult for me to even find and access my kids.

I am going after CAS, the Police and the Counselling center in US Federal Court. Even the CFSRB found the CAS negligent at the first meeting, and said that they were not following even the CFSA. You are correct. As far as filing and doing all of this, I am doing it myself as all of my savings were lost in the fight against CAS. My lawsuit against them in US Federal Court is happening at the same time as the Hague hearing will. So hopefully soon I will have the kids back permanently as well as successfully litigate the monsters that did this to my kids. As far as mom is concerned...once the kids are kicked out of Canada, she is facing 4 counts of citizenship fraud.

I will keep everyone posted. Filing under the Hague to force the kids out of Canada first, and then filing the lawsuit. Turns out my x falsified the applications for Cdn Citizenship and a Cdn MP fast tracked this falsified paperwork to get them their citizenship in less then 6 weeks. My win with the CFSRB forced CAS to hand over the documentation proving this. Our originating US order specified that she have the kids in school in Canada by a certain date or return them to our marital home in the USA....which is why she falsified the applications so she could disregard the US order. Well it is going to get ugly, because it breaches International Law as well as Citizenship Law's in Canada. Either way the outcome will bring motions to US Court for custody. I appreciate the well wishes as I slowly undo the damage that has been done.


 
in Ontario the lawyers encourage mothers to go to shelters. It means an automatic temp order for sole custody while there is an investigation. CAS and these women shelters do not investigate but take the complaint at face value. As do the courts. I used to be a huge supporter of women's rights for equality, but now I have realized that the balance has already shifted well beyond in Ontario. I can no longer support the women's shelters nor any CAS in Ontario because of this. Encouraging women to lie does damage to not only your credibility Ms. Karen Townsend, but is a jail sentence for any women looking to punish a man and take away the children. The stat of 1 in 100 I believe is completely inaccurate. But that is my personal observation and belief.










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