Missouri father fights to get daughter back from Costa Rica

Missouri father fights to get daughter back from Costa Rica

On behalf of Stange Law Firm LLC posted in Child Custody on Friday, February 25, 2011

A Missouri father has been fighting to get his 2-year-old daughter back since 2009 when the girl's mother abducted the little girl and moved to Costa Rica. And even though both the Missouri courts and Costa Rican courts have ruled in favor of the father having child custody, the little girl is yet to be returned home.

The story highlights what must be every father's worst nightmare: to have their child abducted and taken to another country, and then having to spend years trying to get her back home.

The case goes back to 2008 when the little girl was born. At the time, the girl's mother was married to another man, and just seven months later decided to flee from the country. Immediately after arriving in Costa Rica, the woman started to claim that she was the physically and sexually abused by the girl's father.

However, since those allegations were made, both the Missouri courts and the Costa Rican courts have found no basis for those claims and have ordered the girl back to live with her father in Missouri, but the mother is failing to comply and instead tried to appeal and now even is even attempting to receive refugee status for herself and her daughter.

At this point, the father's request to have the girl returned home under the Hague Convention on the Civil Aspects of International Child Abduction has been approved. The Missouri courts have also issued a warrant for the woman's arrested on international abduction charges. Lastly on Jan. 31 a Costa Rican judge even ordered that the girl be returned to her father.

While this case is surely heartbreaking for this Missouri father, his battle shows the struggle that parents go through when one parent abducts their child and moves out of the country. And while some other countries are signatories on the Hague Convention treaty, there can still be complications in getting a child back to the United States.

Why didn't I think of that?!?!

Father says Sala IV court experts never called him

Posted on September 19, 2011 by A.M. Costa Rica Staff

Both the father and Stateside grandparents of Emily Koyama report that they never have been contacted by social workers or psychologists who were given the job of assessing the mental well being of the child for the constitutional court.
A.M. Costa Rica reported Thursday that the Sala IV constitutional court has determined the presumed interests of the child, Emily, are superior to the country’s obligations under the international treaty covering child abductions. According to the treaty, the court of initial jurisdiction is supposed to decide the case.
Roy Koyama, the father who has waged a long battle to bring the child back to the United States said via email that he never was contacted for anything by court representatives. Koyama does have a lawyer here and visits here from Green County, Missouri, frequently.
Tim and Arlene Kennaley, in another email, identified themselves as the grandparents of Emily. “Your courts appear to be unreasonable and not care about the well being of children,” said the email. They live in Mariposa, California.
The Sala IV said in a summary of the decision that social work and psychology professionals had been involved in the case. They were not the only persons who failed to contact Koyama. The Defensoría de los Habitantes filed a habeas corpus action in December to prevent Emily from being returned to her father. A spokesman for the Defensoría said then that his agency had not contacted the Missouri judge in the case. That judge has issued a child kidnapping warrant for the child’s mother. Trina Atwell Chavarría.
The case is complex and full of hearings by various courts. The Sala IV overturned a decision by the Juzgado de Niñez y Adolescencia del Primer Circuito Judicial de San José, the regional family court, ordered May 7, 2010, that the girl be reunited with Koyama. The decision also went against the wishes of the Dirección General de Migración y Extranjería, and the Patronato Nacional de la Infancia.
At one point Koyama purchased plane tickets for himself and Emily in anticipation that she would be allowed to fly to the United States with him. In his email he said that it appear that Costa Rica makes it appear as if it is a safe haven for kidnappers.
In fact there are at least five cases in which judges here took actions contrary to what the international treaty requires. Some of the cases have not been publicized because full details are not available and the parties are not interested in news stories.
At the very least, the treaty requires a judge here to contact the judge who has primary responsibility for the case. Usually that is a U.S. judge. But judges here have not been known to do that and generally decide the case on their own with incomplete information.
That can lead to embarrassment. After Chere Lyn Tomayko received refugee status to avoid extradition to the United States on a child abduction charge, a La Nación article quoted the U.S. judge as saying that much of what was said in Costa Rica was not part of the record in his courtroom. Janina Del Vecchio, the security minister, based her decision to award refugee status on claims of domestic and sexual abuse which the father involved denied repeatedly. But Ms. Del Vecchio never talked to the U.S. judge either.
The grandparents were firm in their email that the case of Emily was one to be decided in the United States. That is very clear under the Hague treaty on international child abductions, they said.
“It is a sad day for the American and Costa Rica citizens,” said the email. “We, as grandparents of Emily Koyama, have received information that the mother, Trina Atwell, has had the highest Costa Rican court reverse all of the lower court rulings of
the Hague Treaty for returning Emily to the United States. We have not seen Emily since she was just born. The mother will not even send us pictures of Emily. We are a very close family and Trina purposely excluded us from Emily’s life. Your courts appear to be unreasonable and not care about the well being of children. They are not conforming to the Hague Treaty.”
Koyama said that the action of Costa Rica’s constitutional court needs to be exposed to the world. “I am looking to expose the government system of Costa Rica to shine the light worldwide that Costa Rica needs punishment for the crime committed recently against all the children around the world that are kidnapped and counting on the Hague Treaty to give them a fair shot at getting justice and how Costa Rica is a very poor example of how things are done correctly.”
The case is not clear cut because Ms. Atwell said that she never was advised of a Green County Court hearing when Koyama was awarded custody. She also claims Koyama is abusive and a drug user. He denies these claims. The couple were engaged when Ms. Atwell lived in the United States, but she was married at the time to a Costa Rican. They were reunited when she came to Costa Rica in 2009.
After Ms. Tomayko received refugee status, the U.S. Embassy here came out with a strong statement. But it has not said anything in public about the Koyama case.

This entry was posted in Costa Rica News. Bookmark the permalink. 

 

http://amcostaricaarchives.com/2011/09/father-says-sala-iv-court-experts-never-called-him/ 

 

FYI I've only been to Costa Rica once since I was warned to stay out of that country because I would get arrested on bogus charges made up so they could hold me for as long as they want. Remember this is a corrupt country, and quoting a International Representative he said, "Costa can't operate without being corrupt", which scares me about my daughter's future and safety...

Band of thieves?

Now I am really weary of Costa Rica if this is true...?

I think I just threw up in my mouth!

Latest Update...

Well... a little bit of positive - today I was informed that the Custody order appeal from Trina has been denied for the second time in the local Greene County courts.  This is the same court system where the Judge and Prosecuting Attorney spoke on my behalf and told Trina's Attorney that they both want to see Trina go to prison and if given the chance, they will do everything they can to make it happen... I was blown away when both the Judge and Prosecuting Attorney said this in open court! I kind of smiled inside, but would rather work it out so Emily has what she deserves - everyone in her life, not just mom and a pretend dad.  Her "real" father, her older sister, and her two brothers that have been forgotten by Trina and her supporters.  Look around her posts, they are NEVER mentioned and I'm sure Costa Rica doesn't even know about them, thus the horrible decision saying staying in CR is in Emily's "best" interests... I disagree!!!

btw... I will also be on the local news again in Springfield, MO tonight featuring me and Trina! It should be interesting...

Emily turned 3 years old July 5th, 2011

My baby girl turned three years old and the mother that claims she never intended to "be gone that long", and told me she wants Emily to know me... well, the last time I heard Emily's voice was when Trina did the video with Emily brainwashed to ask the world to help her mommy... tell me this, what kind of mommy does that to a child for the entire world to see, and record so Emily can be traumatized for the rest of her life, as she may already have that coming if justice doesn't get a move on...

I've missed every single birthday for my daughter, never get to speak to her,

Taking the gloves off!

Ok... I have been extremely patient and had faith the system would work so we can bring home all the other children kidnapped to Costa Rica.  Well, I was wrong... The system in Costa Rica and the United States have not done the job, and now I'm forced to do this on my terms it appears.  I can give up and forget, or I can make some noise now.  Get your ear plugs, because I'm going to make some noise, but keep in mind that everything/word I say is 100% truth and completely backed up with fact.
I've been advised over the past 2 1/2 years to keep off the internet and not post anything too off the wall to make sure to protect my character.  I've slipped a few times and posted stupid stuff out of emotional anguish, and deleted them soon thereafter.  I've NEVER badmouthed Trina or called her names (besides the truth), and have never brought up anything to stir up trouble.  I still won't... I will bring some things to light as I haven't before though. So here we go:

Facts:

• Costa Rica has committed a crime by breaking International Laws of the Hague Convention.

• Trina acts like she doesn't have another child so she doesn't have to answer the questions of why she doesn't have ANY custody of this child.  Funny how the courts of Costa Rica don't even know she has another child that she is indirectly abusing by abandoning her habitually. Meaning, she has left this child before to satisfy her own desire to live in Costa Rica several years ago. 

• I didn't/don't have legal representation regarding the Habeus Corpus trial in Costa Rica, and only today I was advised by the Department of State that I should hire an attorney to represent me in Costa Rica and that I have little time to do so. This means that the entire trial I would never know if false documents were submitted against me, making it very easy for Trina to make up any type of story she wants to make her case stronger.

•  Trina has a relative that works for the government in Costa Rica which definitely gives her an inside advantage over me.

•  I have in her own writing how her own family uses drugs, and she claims I am the drug addict to make her case.

I have many more facts that will blow your mind, but I need to reserve these facts when I go head to head with the Government of Costa Rica...

My theory:
I believe this... Trina has manipulated the court system in Costa Rica to make the country look foolish and ignorant by siding with her and never knowing the truth.  The way it has come out, is the country of Costa Rica is letting the entire world know that it is perfectly fine that EVERYONE (excluding men) can kidnap their children to Costa Rica and as long as you follow our proven system for kidnappers, you'll be safe...  Don't worry because our President is merely a puppet, and our judges just got over puberty so they are being lead by older corrupt officials to make or break laws as needed.  The country is very inexperienced in handling any major decisions, as we can see from the horrible last minute decision made on the deportation of my daughter.
Trina claims she would be damaged because of separation, but Trina not once admits that she just doesn't want to face coming back to kidnapping charges that she know will put her in prison.  She also has a Federal Warrant for her arrest as well, so of course she won't come back, thus making the separation between her and our daughter.  She makes all kinds of claims, but can't ever back them up with any type of evidence...
She never brings up the fact that there are three other children involved and how she agreed to return and has changed her tune several different times, but none of her minions catch anything that has to do with the real truth.  I have fallen to the slander and defamation of character by Trina, her family, and friends.  They just don't realize that everything they post is forever and our children will be able to read this stuff growing up and it can/will affect their future as people... Just imagine our daughter, or my sons growing up and getting to know someone and this person or possibly a career opportunity presents itself and they read the false information online... people will judge our children indirectly because of the horrible things written by people that don't even know me or are a part of the family.  Trina is causing more damage for Emily's future than she can comprehend, and it's my goal to stop this madness from going on with me and other father's being duped.  Like I said before, I've sat back and had faith in a system/s that have failed me, now it's time to show the world what I'm all about.
It's become a time to take off the gloves and go for everyone that has been involved with helping her get away with this crime.  This is just a snowflake falling on the tip of the iceberg when it comes down to what I'm going to do as an individual without the help of our beloved, hard working for the votes, who cares about the children, government...  I realize I can no longer have faith in a system that doesn't believe in my cause.  There are people that work for the government that are incredible, but unfortunately they don't run the place at no fault of their own.  Watch out Costa Rica... you're in for a fight!!!