JUSTICE HEDLEY CASE

Name of the person responsible for receiving Sebastian John Raul Pavon Cuellar’s Original Passport and Birth Certificate and enforcing this agreement….”

By reason I find doubtful we could find another U.S. Consul of the Embassy who would personally take the duty to enforce such agreement as Cecil K Scott did, I hereby request Honorable Mr. Justice Hedley to make an order with the wording you deem required to protect him from abduction and be sent to the proper entities in Mexico and United States, with the highest penalties available in case of breach.

These simple clauses in this International Instrument of the Settlement Agreement under Hague Proceedings, grants my power and rights as father to provide Sebastian with his immunizations and full medical support and protection, as I did while he was in my custody.

Sebastian will no longer be under risk of permanent harm, risk of dead, risk of pain and suffering he remains even today and will prevent Sebastian by been re-abducted while enjoying his rights, including right to culture, family and all.

By reason the medical treatment of the child, his immunizations and medical care has been a source of conflict since his birth with Samantha, I have also enclosed a proposed amendment to this clause (attached as Amendment to Settlement Agreement) to further protect the child, his welfare and prevent any conflict or disagreements between parents on the child welfare:

AMENDMENT TO CLAUSE 17)
IN CASE OF DISAGREEMENT OF ANY TYPE BETWEEN THE PARENTS IN REGARDS TO MEDICAL CARE OR TREATMENT TO THE CHILD, INCLUDING BUT NOT LIMITED TO IMMUNIZATIONS TO THE CHILD, THIS SHOULD BE RESOLVED BY PROVIDING THE CHILD WITH THE “MOST USUAL” TREATMENT OR MEDICAL CARE.

FOR PURPOSE OF THIS CLAUSE, “MOST USUAL” REFERS TO WHAT MOST CHILDREN THEIR AGE WOULD RECEIVE.

In the Same attachment, (Hereby attached as amendment to settlement agreement) I have also added a few more proposed clauses to protect the child and each of the people involved by the current circumstances of his abduction, the murder of my father and by your expressed concern. This way will give a peace of mind to all, by protecting all and preventing any conflict or dispute.

The International Settlement Agreement under Hague Proceedings provides a clause that protects fully the mother and even her family members (from their acts), and me and my family (from her false claims): CLAUSE 3)

“ ANY AND ALL WARRANTS AGAINST EACH OTHER OR ANY MEMBER OF OUR FAMILIES WILL BE REMOVED. THE PROPER DOCUMENTS WILL BE REQUIRED TO BE SIGNED AND DO EVERYTHING THAT MAY BE NEEDED OR NECESSARY TO REMOVE SUCH WARRANTS, INCLUDING BUT NOT LIMITED TO WITHDRAWING ANY CLAIMS OR CHARGES (INCLUDING ANY WARRANTS IN MEXICO, UNITED STATES OR UNITED KINGDOM). SAMANTHA AND DANIEL WILL HOLD EACH OTHER HARMLESS AGAINST ANY CRIMINAL CHARGES …”.

The other Clauses in the International Settlement Agreement further described herein, will protect the rights of each of the families, as well as the future welfare of the Child: Including property rights, Equity rights, Due Process Rights, Human Rights, Constitutional Rights, Civil rights and all other rights of each party involved, reason why it took months to reach and agree upon in the wording of the same;

VERY IMPORTANT: This International Instrument of the “Settlement Agreement” (40 pages) executed under Hague proceedings, also endorsed, witnessed and part to the mediation process and events were the highest rank officials representing their Countries of England and the United States of America in Mexico including the Director of the Central Authorities for Mexico for Hague Proceedings; Rocio Vazquez Alvarez.

This international instrument provides Due Process and the maximum protection to the welfare and safety of the child, the respect and protection to the rights of the families and the child and immediately protects the present and future welfare of the child, since at this time all the property, including my homestead, real estate, 1732 Original Fine Art Paintings that is the work of all my life and other extensive property with property interest to my family, remains stolen by Samantha et al, is irreplaceable and being wasted, lost and been the future financial security of Sebastian which will provide him with a better and more secure life and living, secure his welfare, but also property that is, and should have been fully protected by the United States and Texas Constitutions and laws, International Treaties, and by Mexican Constitution and laws.

This International Instrument took months to reach by the same reasons; to protect the rights of all, to protect the child above all, to have a peaceful and normal civil process, to have Due Process and the child to enjoy the protection and his rights under mutual custody, including family rights.

This International instrument is to my best belief, the best path for resolution and for the IMMEDIATE protection of the child welfare, but also is the last agreement of the parents, our attorneys and our countries. By the same reason I believe also ethical, legal, Constitutional, honorable to be complied with every clause, more when this international instrument was also reached under the Hague Proceedings at the time and with the highest rank officials representing each of the countries involved. Therefore, I also believe important for Honorable Justice Hedley to know, these Honorable Officials representing each of their countries, were contacted by me requesting their help since June and July 2007, who I remained in contact during all the events and even followed their instructions until December 3, 2007. Reason why they were also part of the mediation and reason why they were present on DECEMBER 3, 2007 for the endorsement and for the execution of this international instrument of the settlement agreement under the Hague Proceedings.

Please see Exhibit 20013 and 20014 which shows clearly the names of the high rank officials who were part of mediation since 3 of October, 2007 and then see Exhibit 20011, 20012 been two of the pages of the International Settlement Agreement as filed in the Public Deed records that provides the names of the people in the Settlement Agreement execution. Names in order and with rank as on Exhibit 20012:

·Each of them received evidence and knew of all the events, the fraud and murder attempts of the Lowry family against me and my family, before the fraud and murder took place.

FERNANDO ANDRES MUÑOZ RAMIREZ: CONSULAR SPECIALIST FOR THE UNITED STATES OF AMERICA EMBASSY IN MEXICO : Who I contacted since June 2007.

MARTIN TATUCH: CONSUL OF THE UNITED STATES EMBASSY IN MEXICO who I contacted since early July 2007

DAWN MARGARET FARR: CONSUL FOR THE UNITED KINGDOM IN MEXICO: Contacted by me since August 2007.

NICOLA JAVETTE MOCKRIGDE: VICE CONSUL OF THE UNITED KINGDOM IN MEXICO: Who I was in Contact since June 2007.

MARIA DEL ROCIO VAZQUES ALVAREZ: DIRECTOR OF THE CENTRAL AUTHORITIES FOR THE HAGUE CONVENTION TREATY IN MEXICO,

DIRECTOR OF THE FAMILY LAW SECTION AND CONSULAR PROTECTION AND CONSULAR MATTERS OF THE SECRETARIA DE RELACIONES EXTERIORES (CENTRAL AUTHORITIES FOR MEXICO) . Who I contacted her since June 2007 and was nearly in contact by email with her on a daily basis.

Currently the Mexican Central Authorities: Jacome Cid Johannes who has followed the current Hague Proceedings, as well as Julian Adem Diaz de Leon and Daniel Hernandez Joseph who have handle several aspects of this case, have expressed their good intentions to provide help and support in all aspects for the resolution of this matter.

Honorable Mr. Justice Hedley, also do know that to the best of my knowledge Samantha Lowry does not have any warrants in Mexico. But she has high influences in Mexico and even friends in the Mexican Police as well as full consular support, in case she wants to double check. Let it be remembered the document presented in the trial by Samantha, to desist from the false warrants against me, and not warrants against her, which itself makes it clear, she has no warrants.

I have also provided an accommodation agreement that will provide, free of charge to Samantha Lowry and whoever she wishes to live with, a home with basic furniture in Mexico City (Hereby attached as accommodation agreement). I have also provided a FINAL SETTLEMENT AGREEMENT FOR ANY AND ALL MATTERS. (Hereby attached as Final settlement Agreement)
Also Samantha Lowry has provided you with the email with another proposed and simplified final agreement in all matters with a very simple wording, sent to her dated November 7, 2009:

“ I even offer a final agreement, that is almost as simple as to write, the signers to this agreement hereby forever hold each other harmless from any and all claims. It is agreed Sebastian will remain under joint custody as follows. (Equal rights)”
(Claims: refers to claims previous to the date that such document will be executed). I believe communication is always the best path to resolve any conflict.

By reason of a “recovery basis” contract Samantha Lowry and her parents signed with her attorneys that she would need to pay all the attorneys fees, plus expenses, plus an additional 25% if a settlement will be reached unless was by the attorneys consent; which is the case. Therefore, I propose a wording to be included in your decree or Judgment which is 100% truthful and to include the FULL settlement agreement of 40 pages (hereby attached as full settlement agreement) and to include the exhibits hereby attached (EXHIBITS 20061 TO 20072). PROPOSED WORDING:

“ The High Court of Justice orders the child to be returned to Mexico in compliance of the international instrument reached under Hague proceedings dated December 3, 2007 Titled “Settlement Agreement”

Such International instrument which contains a total of 40 pages will be attached in its entirety to this Judgment for all purposes, as well as the exhibits provided by the father which includes exhibits evidencing that in fact, was a settlement agreement reached by the attorneys of the parties, including but not limited to the invoice for the Attorney Mark Ray Hernandez for November 2007 when such Settlement Agreement was reached between the attorneys and reads as follows:

November 28, 2007:
“re: Guadalupe Cuellar PAVON. ALL -DAY CONFERENCE TO HAMMER OUT A SETTLEMENT AGREEMENT. PRESENT WERE 5 ATTORNEYS, JOHN FOSTER AND JOE MILNER, ACTING FOR SAMANTHA, AND ROY BARRERA FOR DANIEL, AND FOREST NELSON ALONG WITH MRH, FOR MR. AND MRS. PAVON.” (MRH =MARK RAY HERNANDEZ)

The attorneys also provided a clause in The Settlement Agreement which reads:

THIS CONTRACTUAL AGREEMENT SUPERSEDES ANY AND ALL PREVIOUS ORAL OR WRITTEN AGREEMENTS, COURT DECISIONS, COURT JUDGMENTS AND COURT ORDERS AND WILL CONTINUE IN EFFECT UNTIL FURTHER ORDER OF THIS COURT.
THIS AGREEMENT IS TO BE FULLY ENFORCEABLE AND LEGALLY BINDING IN THE COUNTRY OF MEXICO, UNITED STATES AND UNITED KINGDOM, AND REFERS TO ANY MATTER OF CONFLICT OR CLAIMS BETWEEN THE PARTIES WHICH HAVE ARISED IN ANY AND ALL OF THESE COUNTRIES.
The court finds the duress claim of the mother was based on an Email of November 3, 2007 which Daniel Pavon Cuellar has provided clear evidence that was not sent by Daniel Pavon Cuellar, not from his email account and was not even sent to Samantha Lowry.(Exhibit 20005 and 20006)
Daniel Pavon Cuellar has also provided extensive records that provide clear evidence he did not kidnap his son and in fact attempted to return to Texas with the child since June 1, 2007, but they were prevented to return. For this purpose He has provided five exhibits (20015 to 20020) that were filed by Samantha Lowry during ex parte proceedings in Texas, which provide clear evidence of the events which should also be included in this Judgment for all purposes.

The above is only a proposed wording that will help all involved.

I did not kidnap my son, I did all I could to return to Texas, but could not. Samantha had all the documents of the baby and they placed restrictions for me to obtain any, She trespassed into my homestead and took illegal possession of the same, including all my documents and property which up to date remain stolen as well as all other property.