INTERNATIONAL HAGUE CONVENTION ENGLAND CASE

Honorable Justice Hedley, I wish to reiterate that on Exhibit 59 filed also in Court by Samantha and her Counsels, her travel documents were withheld to prevent her from going to Mexico and also Susan Lowry took over her email account AS EARLY AS June 7, 2007 By statement under oath of Susan Lowry: she hired Jeremy Morley “Expert in International abductions” soon after they left Austin around April 28, 2007 and by reason Samantha wanted to take Sebastian to England since then. Jeremy Morley is an English man living in New York, with local counsels globally and expert witnesses globally as per statement on his own website, a very well renowned in this kidnapping industry, most likely very good friends of ICACU, Embassies, Central authorities and several others in this case…

He said as per the affidavit of Susan Lowry: “ he told us that is Samantha Brought Sebastian back to England without Daniel Permission then the baby would be returned with or without Samantha under the Hague Convention” reason why of all her aggressions and false charges and claims against me, once again, Susan…APRIL 2007. Reason why Samantha ask me to marry her around May 22, 2007, clear planned kidnapping using the Hague Convention for Kidnapping and influences on the network.

That the Lowry’s requested the Passport of Sebastian as soon as he was born. (See the child passport application). And the fraud was planned since at least December 2006 (see index to evidence)before the birth of the child.

Honorable Justice Hedley, I wish to end this conflict as well, I wish to enjoy of the peace, freedom, life, liberty and family. I wish to enjoy the privilege and right to be a father and Sebastian to enjoy his privilege and right to have his father and mother while each of us to enjoy equal protection of the laws.

But the truth is, I have done all possible and beyond belief to end this harm since the start, that has ended with the most precious of all, the murder of my best friend, of the person I most admired and, sought his suffering, his pain before his murder when he found they also stolen all from him and my family, all his efforts stolen without notice and out of jurisdiction at 79 years old: My father. A harm that destroyed forever my mother who were married for 49 years and my father was shot to dead in front of her on the day of his scheduled deposition on this case and we immediately received dead threats if we would go to the United States, and after they lived months of violence by the Lowry family against them and us. (one Exhibit: 20008 and 20009)

That since the birth of Sebastian, I have not been able to enjoy him, I have not been able to spend a Christmas or any of his birthdays and not even be at peace to enjoy this amazing privilege of life, of living. Family. That these conflicts arise since his birth, and for one sole reason; Steal all from me and my family and without any concern for anyone, but harming Sebastian, my family, me and several others forever. Just to steal all from us on a proven fraud by the Lowry’s and PLANNED since before the birth of the child, as already proven to the court. (Further proven in the index to evidence)

Today, Honorable Justice Hedley , I request from you to exercise your inherent jurisdiction and any other power you may have, either under the Hague Convention, any other treaty, constitutions or human or civil rights or any other power at your disposal to end this conflict for the best of all.

With my deepest and most honest request:

Please, return my son to Mexico before his birthday of March 29, 2007. I will make all the arrangements and I will follow all your requests and suggestions.

OTHER MATTERS TO CONSIDER
SAMANTHA WAS AN ILLEGAL ALIEN IN TEXAS, NOT EVEN A RESIDENT AND WITHOUT RESIDENCE IN TEXAS.
THE HAGUE CONVENTION IS A TREATY BETWEEN OUR COUNTRIES TO PREVENT HARM TO THE WELFARE OF CHILDREN AND REFUSAL OF RETURN OF A CHILD CAN ONLY BE UNDER EXTRAORDINARY CIRCUMSTANCES.

THE SETTLEMENT AGREEMENT WAS ALSO BETWEEN THE REPRESENTATIVES OF OUR COUNTRIES UNDER HAGUE PROCEEDINGS.

Mr. Justice Hedley, the solicitors that were assigned to me and who I requested to not represent me, also harmed my case. Example; was to obtain a new order with the court to “fix” the breach of the court order of the Brethertons on sending me the documents, and even such order was also breached and all records were received only three days before final trial. Your intentions were good, but the results were not. Once I requested help from the solicitors for the court of appeals, they did not reply. This was followed from the first solicitor assign to me “Carolyn Usher” further described below…

HABITUAL RESIDENCE
In regards to why The Austin Texas Travis County Court found the habitual residence of the child was Texas: SAMANTHA STARTED THE SECRET PROCEEDINGS ON MAY 30, 2007: 5 DAYS AFTER ME AND MY SON WERE IN MEXICO AND AWAITING FOR HER ARRIVAL CLAIMING BY FRAUD UPON THE COURT:

Samantha counsels claimed by fraud upon the court the child was in Austin Texas with risk of international abduction to place restrictions against me to obtain any travel documents for my son since she started proceedings on May 30, 2007 (5 days after I was with Sebastian in Mexico, awaiting for Samantha in Mexico, such fraud upon the court to also place the false warrants and make impossible our return, first warrant issued at the same time Samantha filed her Hague application on May 30, 2007, also to obtain a child support without the child) and even as of August 2007 still claiming the child is in Texas with risk of international abduction; to CONTINUE to obtain the child support without the child (Amounts illegal in Texas regardless of income, obtained by clear fraud with stolen bank statement and checks of my parents, stolen from the home of my parents in Mexico, “Explanada” in some allege raids that there is no legal records up to date of any legal raid in Explanada, and that such raids only appeared in UK news and Samantha testimonies claims were aided by the British Embassy…Heavy theft, people lived there for days, stolen all types of valuables and documents.)and even as of August 2007 to still keep restrictions against me to obtain any travel documents, while they will sale all property in secret and while I was still requesting for our travel documents to return to Texas and while her family and boyfriend were attacking violently my parents in Mexico City.

Also a raid to the parents of the husband of my sister (elderly) one day after an important email to Dawn Farr (consul of the British embassy) requesting the help of the Embassy for the crimes committed against us and submitting them records of evidence.

Then Samantha et al claimed I did not pay the child support and attempt to sale my HOMESTEAD and sale all… And all, in 81 days. Yes, Honorable Justice Hedley, the court though the child was in Texas at all times of proceedings. Reason why found his habitual residence to be Texas.

In regards to ART 12 commencement of proceedings:

The cases cited by the Brethertons indicate that the commencement of proceedings was to fax the application and not to file the originating summons in court. In another case the Brethertons Cited refers to sending the application to the central authorities of the requesting state.
And as already proven to the court with the information obtained from the official solicitor website of England it clearly specifies “There is an administrative body known as the Central Authority, which is responsible for administering the operation of the convention and the regulation”

And of course, simple meaning. “commencement”: an act, instance, or time of commencing . “proceedings”: A course of action; a procedure.

THE APPLICATION FOR RELIEF UNDER THE HAGUE CONVENTION TREATY COMMENCES WITH THE APPLICATION (The act of applying as a means; the employment of means to accomplish an end) ALL PROCESS AFTER THAT DEPENDS ICACU (CENTRAL AUTHORITIES FOR THE UK)

Why should the father be punished for what are the duties of ICACU in this case, furthermore, it was ICACU who suppose to find the solicitor, and did but after 8 months, and for two months I had a solicitor without my knowledge, acting under my name. Why was I assigned a solicitor to act on my behalf without my knowledge and she filed an originating summons without my authorization, without a power of attorney, without right and full of lies backing up the perjuries of Samantha Lowry? this solicitor was Carolyn Usher…

Why? Because they awaited for the Brethertons to file all types of documents to obstruct the Treaty after their knowledge on January 20, 2009 of my Hague application and all orders they obtained to obstruct the convention by fraud upon the court and in breach of an international treaty were obtained after the Brethertons knowledge of my Hague Proceedings and through proceedings that were to immediately stay.
Which I wish to ask the court; where is my application from May 18, 2007 (20026) and where is the 1 kilogram, 100 grams of evidence sent to ICACU of July 2008? (20027 to 20029) and how the Brethertons found of my application on January 20, 2009 if they are solicitors from Rugby, not even LONDON (Icacu has failed to respond these and other questions) (20030 to 20033) and all the orders against me obtained without any real evidence, just forged, altered and fabricated evidence, as well as full of perjuries as already proven to the Court in the Bundles of records. Such frivolous orders were obtained on proceedings that were to stay, but wrongfully and illegally obtained, as to obstruct the international treaty of our countries and aiding and abetting kidnapping, fraud, theft and much more…

As far as I know, all proceedings I made an appearance were for Hague proceedings and none for the other proceedings that were to stay. But, if any of the hearings I made an appearance for, were not Hague Proceedings, then they were wrong to have and in breach of the treaty.

FOR ANY AND ALL PURPOSES PLEASE SEE THE HAGUE CONVENTION ART 30: “THE COURT OR ADMINISTRATIVE AUTHORITIES” which clearly provides, the Court IS NOT the administrative authorities.

Furthermore, please see the Notice to Brethertons, of April 2009, (attached as Exhibit 20034 and 20035) which the Brethertons agree by sending records to my emails, they will be of public domain and in case of any dispute as stated therein, the jurisdiction will be Mexico and only Mexico at the time the Brethertons sent several times emails and records to such email accounts. Including but not limited to the attached exhibit (20037) which is a copy of my email account and that all the emails “77757-2-5” were records sent by the Brethertons, on June 12, 2009 in breach of the court order and three days before final trial.

And of course, I have not step in the jurisdiction of England at anytime, in any way. I have been prevented from making any appearance within their jurisdiction as well as in the United States. I AM STILL PREVENTED FROM CONSTITUTIONAL DUE PROCESS UP TO DATE AND SINCE JUNE 1, 2007.

Otherwise Honorable Justice Hedley, I would have been there in each and all proceedings in England, and in Texas, no exception. I would be there today if I could, but I CANT. But then again, they could have not obtained the amounts they did, or the child, or the properties, or the 1732 Original Masterpieces, or anything else. In fact, Samantha will need to pay the debt we owe to my parents and since we were not married and her neglect to the child, and her illegal status in Texas, her violence and more, she would obtain nothing but a heavy debt.

Yes, the affidavit of Samantha is true on the subject matter that as far as I know I still have warrants against me to make impossible for me to make any appearance and prevent me from due process. AND THAT ALSO ALL MY PROPERTY REMAINS STOLEN AND EVEN ALL MY RECORDS AND DOCUMENTS, STOLEN BY SAMANTHA LOWRY ET AL.

REASON WHY OF THE CLAUSES OF THE SETTLEMENT AGREEMENT.

Honorable Mr. Justice Hedley, you also did not know, even when if I filed the form C3 , Form C4 , Form C11, Form C 16, Form C18 since May 5, 2009 to obtain information of the whereabouts of my son and his welfare, remains concealed up to date. Not even allowed a DNA test, not even allowed to see my son by video! And not even provided with a full medical report since his abduction, even when his welfare is deplorable and such report was ORDERED BY THE Court to be provided.

Concealment grants tolling, Article 12 not applicable on settlement.

The Concealment is clear with the orders against me and even obtained illegally by fraud upon the court and fraud upon the treaty, all obtained after the Brethertons knew of my Hague Proceedings ON January 20, 2009 and my Hague Applications provided the address of Hillsborough and phone number. (Parents of Samantha home). ICACU was also requested to explain what actions were taken since May 2008 to March 2009, but no answer…(Exhibit 20030 to 20033).

Perfect and clear example of concealment, on the orders against me in proceedings that should have stayed:

#6: “There be permission to the mother’s solicitors to redacts such detail in any further documents to be served as may lead to the identification of the whereabouts of the defendant and the child”

#8(g): “Taking any steps to seek to ascertain the whereabouts of the defendant and or the child and most not instruct, encourage or in any way suggest that any other person should do so”

Furthermore, if the court will allow for me to also edit reports and testimonies, hide the names, hide logos and seals, and addresses, more when in my side there are not only DEAD THREATS, RAPE THREATS, BEATING THREATS, DIRECTLY FROM THE REAL EMAIL ACCOUNT OF SAMANTHA LOWRY and even already admitted by Joseph Lowry to have worked in conspiracy with Tristan Nind and Samantha Lowry and others to make them, BUT ALSO THE MURDER OF MY FATHER AFTER MURDER ATTEMPTS OF THE LOWRY FAMILY AND TRISTAN NIND; many people will testify of the violence of the Lowry family, but to tell you the truth, even attorneys are scared. Who wants to enter a case with people who claim to be a mob, with high influences and already a murder?

For me is different, my son is kidnapped, my documents and home and absolutely all, STOLEN. I cannot work, I have no life and my son is in imminent danger who has suffered enough, reason why I cannot stop, even after all the dead threats, After all types of threats…continue.
Sebastian was not a defendant, was plaintiff, and a guardian ad Litem was not applicable to attack me and ignore the evidence, (neither he is a doctor) neither Cafcass who claimed; “ we suppose to be neutral but we are not, and took the side of the mother…” They ignored the evidence because just the first two Exhibits: Exhibit “A” and “B” of the bundles of the father proves clearly all their arguments and statements are false and the perjuries of Samantha et al (Aiding and abetting on; kidnapping, breach of treaty, fraud, theft and in breach of their duties, reason why they kept their names concealed, but now obtained, and added as defendants to the public lawsuit, until the child is returned)They should have attack the abductor, the mob, with indomitability…not the victims.

Settlement? Not for a baby, and the cases cited by the Brethertons specify the “NOW” on Art 12 refers to the; the commencement of proceedings, in this case, around May 2008, long before one year. Cafcass even claims the future plans as settlement!

After your judgment of June 19, 2009, on a hearing that was obtained so amazingly fast faster than Hague proceedings and granted Samantha to leave England: Samantha posted on the internet a photo of her party with lots of man… this psychological harm to the child to wonder who is my father? Further shows no Psychological settlement… but a psychological harm and instability harming the welfare of the child. Also Samantha does not work up to date, the only work I ever knew she had, was as a waitress on a bar for a few months, she has no income, no stability, no responsibility, and as mentioned before, she lives out of stolen money, the money of my family and mine. (For this purpose I request her taxes for the previous 5 years) but even in Austin, she lived in Hotels, homes, apartments…and did not work, did not study, did not even cook or clean. (Her attorneys were on recovery basis) I supported her with my income and the loans of my parents. Samantha claims to live with her sister who goes to college… Did Cafcass ask if they have parties, alcohol, perhaps drugs, how many fathers on a baby perception? Is this the atmosphere for a baby?

Sebastian is a victim and also me and my family, the treaty seeks relief and not to be threaten with penal notices of additional charges and to seize all my assets that all are stolen by Samantha et al.

The Hague Convention purpose is simple and easy and has one sole purpose by international agreement of the countries, only one sole and clear purpose on the welfare of children and left behind parents, return the child to where the child was wrongfully remove from, and to do it fast to prevent any additional harm; because for every minute he is abducted, his welfare is automatically harmed and his rights and the rights of the left behind parent and the family members are violated. If delays occurred in Hague proceedings, then more speed is needed to return the child.

And let it be remembered that in my first application of the Hague Convention was filed in The United States and was ICACU who requested the transfer to Mexico by been were the child was removed from and where the International Settlement Agreement under Hague Convention ORDERED THE CHILD TO REMAIN, reason why My application WAS TRANSFERRED TO MEXICO.

The meaning of the wording in the Hague Convention and laws should be interpreted as the general public understands, more like Wikipedia and Webster dictionary and not by what one person somewhere in the world understood. Only that way laws and treaties can be followed and respected, more if they were made for the general public. Simple Is better. The purpose of the convention is CLEAR.

I filed my application on May 18, 2008, after suffering the murder of my father, yet, such application and 1 kilogram 100 grams of evidence sent on July 2008 to ICACU, disappeared…(ICACU has also failed to provide an answer why) and took over a year to have a final trial without knowing anything of my son, except, his poor welfare ,neglect and his suffering on the INCOMPLETE MEDICAL REPORT and by the statements of Susan Lowry and Samantha described his shock he suffered after the abduction, and of course, remove him from his weather, the people he loved and knew, from his father who he saw nearly every day since birth (except when Samantha kept him from me and prevented me to see him) to not even take his toys, change the language, change all, abducted by total strangers, who were too busy stealing all. Abducted by a mob with indomitability, who had full disregard for the child welfare, but full regards to steal all, and reason of all; MONEY and then the mother to request a DNA before seen the child and kidnap him before it took place.

The permission to appeal took 5 months to be heard 15 minutes, even if written in huge “HAGUE PROCEEDINGS” and, this hearing today took 3 months to obtain and only obtained after the Brethertons requested it, not by my pleading of December before Christmas.

The Statement “Indomitability, Samantha and the Mob” with the Full consular support granted by Tony Blair, the contacts in this kidnapping industry, the mother to own a child nursery … On a home of one million pounds in Bishopstone England and the brother of Samantha Joseph Lowry with accusations of child abuse….Another home the Lowry had in Spain, and now one in Texas (stolen Homestead). And been the largest ART THEFT IN HISTORY with 1732 Original Fine Art Paintings and a lot more objects of art and property, fraud in the millions of dollars made in three jurisdictions, Has caused great interest worldwide, reason why the news are many on this case. Because this case shows all the rights of every person in the world are threaten, the families and children are in danger “of this mob” Yes, a lot of news in the internet about this case as proven by Samantha, that by just typing Samantha lowry court appears 99700 websites.

Once again to be clear, I do believe the British Government is not a mob, even if the statements of Samantha and her mother make it seem that they are, but in fact they were used the same way we all have been.