Sketching Out the Situation
The last time I wrote an entry for this blog, it was to tell you that I could not write about my situation.
Today, things have gotten so desperate that I have to write out a sketch of the situation.
Here it is: my husband, who is not yet my ex-husband, has accused me of international child abduction under the Hague Convention.
First, let me assure you that I haven't kidnapped anyone.
Just over a year ago, my husband gave me permission to bring the kids to Canada until the end of this summer. At the end of that term, we all expected to return to Germany for a holiday together.
Suddenly, in March, my husband sent me an email demanding that I return the children to Germany by March 31st. He also made it clear that I was not welcome to accompany them. I found out about the divorce file he had re-opened while I was conveniently abroad by accident.
I obtained legal advice to ascertain if his revocation was something I had to take seriously and was assured that there were defenses against an unreasonable demand like his.
My husband filed a Hague Convention application on March 24th and I was served at the end of June.
The interesting thing about the Hague Convention is that it allows one person to accuse another of abduction without any kind of investigation. The German Justice Department did not look into court files or make sure documentation submitted with the application was true, they just forwarded it on to the Central Authority in Ontario.
The Central Authority in Ontario just accepted the application and referred the case to be fought in the courts. This is the down side of cutting back on the budgets of government offices. They don't have the resources to do their jobs, so they pass the buck onto other government ministries, like the courts, that are overwhelmed with lack of resources too. In any case, it makes the Hague Convention -- which is meant to protect children from real international abductions -- easy to abuse.
There is no barrier to someone in Germany submitting a false claim. According to the German Department of Justice web site, any German resident who claims his or her children have been unlawfully removed from the country can claim legal aid and translation expenses...they will even pay for legal representation outside Germany, which means they are probably paying for my husband's Canadian lawyers.
If I were still a German tax payer, I would be really upset that my money could be used to support the abuse of international law. If I were a German lawyer, I would be even angrier. German lawyers typically charge 50 to 100 EURO per hour and they get almost nothing for legal aid cases they are required to take. In contrast, Canadian lawyers charge $250 to $750 an hour and you can bet they are not going to give a German government program a discount.
That leaves me with an unjust and, frankly, completely unsubstantiated battle that requires legal specialists in both Canada and Germany, certified legal translators and lots and lots of other costs. I think it's reasonable to say all of this will cost between $20,000 and $30,000 by the time it's done.
It's my great hope that this will be resolved in my favour and that my husband will have to pay all my costs. That said, the German to English translator is just a freelancer -- not a $500 an hour lawyer -- and she needs her money.
While I would love to use this post to ask about 400 people to buy Love From Planet Wine Cooler, because I think I did a good job and want people to read it, I know that is not going to happen.
Instead, I have to swallow my pride and ask for help in the way my friends have been recommending. I've started a GoFundMe campaign to pay for the translation costs. I need documentation to fight these ridiculous charges and protect my relationship with my children. If this strikes a nerve with you, please consider helping me.
If you can help, I promise to pay it forward. And, if you want one, I will email you a copy of Love From Planet Wine Cooler. All you have to do is email me baggyk(at)yahoo(dot)com
I cannot tell you how much it hurts to push the publish button on this post, but I have no other choice. I hope you won't judge me too harshly.
Today, things have gotten so desperate that I have to write out a sketch of the situation.
Here it is: my husband, who is not yet my ex-husband, has accused me of international child abduction under the Hague Convention.
First, let me assure you that I haven't kidnapped anyone.
Just over a year ago, my husband gave me permission to bring the kids to Canada until the end of this summer. At the end of that term, we all expected to return to Germany for a holiday together.
Suddenly, in March, my husband sent me an email demanding that I return the children to Germany by March 31st. He also made it clear that I was not welcome to accompany them. I found out about the divorce file he had re-opened while I was conveniently abroad by accident.
I obtained legal advice to ascertain if his revocation was something I had to take seriously and was assured that there were defenses against an unreasonable demand like his.
My husband filed a Hague Convention application on March 24th and I was served at the end of June.
The interesting thing about the Hague Convention is that it allows one person to accuse another of abduction without any kind of investigation. The German Justice Department did not look into court files or make sure documentation submitted with the application was true, they just forwarded it on to the Central Authority in Ontario.
The Central Authority in Ontario just accepted the application and referred the case to be fought in the courts. This is the down side of cutting back on the budgets of government offices. They don't have the resources to do their jobs, so they pass the buck onto other government ministries, like the courts, that are overwhelmed with lack of resources too. In any case, it makes the Hague Convention -- which is meant to protect children from real international abductions -- easy to abuse.
There is no barrier to someone in Germany submitting a false claim. According to the German Department of Justice web site, any German resident who claims his or her children have been unlawfully removed from the country can claim legal aid and translation expenses...they will even pay for legal representation outside Germany, which means they are probably paying for my husband's Canadian lawyers.
If I were still a German tax payer, I would be really upset that my money could be used to support the abuse of international law. If I were a German lawyer, I would be even angrier. German lawyers typically charge 50 to 100 EURO per hour and they get almost nothing for legal aid cases they are required to take. In contrast, Canadian lawyers charge $250 to $750 an hour and you can bet they are not going to give a German government program a discount.
That leaves me with an unjust and, frankly, completely unsubstantiated battle that requires legal specialists in both Canada and Germany, certified legal translators and lots and lots of other costs. I think it's reasonable to say all of this will cost between $20,000 and $30,000 by the time it's done.
It's my great hope that this will be resolved in my favour and that my husband will have to pay all my costs. That said, the German to English translator is just a freelancer -- not a $500 an hour lawyer -- and she needs her money.
While I would love to use this post to ask about 400 people to buy Love From Planet Wine Cooler, because I think I did a good job and want people to read it, I know that is not going to happen.
Instead, I have to swallow my pride and ask for help in the way my friends have been recommending. I've started a GoFundMe campaign to pay for the translation costs. I need documentation to fight these ridiculous charges and protect my relationship with my children. If this strikes a nerve with you, please consider helping me.
If you can help, I promise to pay it forward. And, if you want one, I will email you a copy of Love From Planet Wine Cooler. All you have to do is email me baggyk(at)yahoo(dot)com
I cannot tell you how much it hurts to push the publish button on this post, but I have no other choice. I hope you won't judge me too harshly.
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message 1:
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Kevin
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Jul 17, 2014 09:49AM
Nothing to be ashamed of here, Kate. You're just doing what you need to do with the tools that you have. Hope this works out.
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Thanks Kevin. I need prayers to move the heart of the judge in Germany. If anything shows how things have really been, it is this situation.
Cornfields of the Sea
When I was in high school, I was lucky enough to be part of a writing workshop with author Barbara Greenwood. Every member of the workshop was to write a short story for a group anthology. I thought w
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