Do you believe that an infant child should be separated from a breastfeeding mother? And returned to a Father that perpetuated domestic violence ? Who also fed the older, two-year old infant alcohol ?

No? I didn't think so. But the Hague Convention in Canada surely does.

Hi,
My name is Hope Jemimah Ogutu. I am a mother, survivor of domestic violence, survivor of narcissistic abuse and I was the primary care giver for my two children (2 year old, Kaleo Ogutu Vantriet & 1 year old, Ayden Ogutu Vantriet)  before they were forced out of my care pursuant to a Hague Convention International Law decision on November 19th 2019.

The date of this petition is March 26th 2020, and I have not physically held my children since they left .

My children were sent to Nevada to live with a father that is a perpetrator of domestic violence. Evidence of abuse, neglect and substance abuse to the children was provided as evidence to the Superior Court of Justice, Newmarket, Canada. They ruled that the abuse evidence threshold was not high enough. My children's best interest were not considered . The fact that separation of infant children from their mother would cause psychological harm was not acknowledged .

My children were returned without me ( as I chose not to return for my safety). And since then, the Nevada court in Reno has threatened me with criminal action ( in an attempt to have me give away my children ), denied that this case involves domestic violence and supported the violation of custody orders by the children's father. 

I left Nevada because my children and I are Canadian citizens.  We did not have any legal status due to immigration abuse by their father ( The Canadian Consulate helped us return to Canada ). Their father has battered me multiple times while I held the children. The children have witnessed their father batter their mother . There are two witnesses of the domestic violence involving the children. There is an audio recording where father admits to administering alcohol to his two year old son. Evidence of this was provided to the Superior Court of Justice in Canada, this evidence was apparently not high enough for the threshold.

HERE IS THE PROBLEM:
- The high threshold of the Hague Convention International Law in Canada needs to be addressed as it relates to a Hybrid Model, where Hague Convention International Law and Canadian law intersect.
- Here are some things that Canadian law would never allow, but Nevada law is perpetuating as it relates to the best interest of the children;
i) Long-term separation from the children's primary care giver
ii) Criminal action for escaping a domestic violence, and an abusive situation
iii) Full legal and physical custody to a perpetrator of domestic violence and substance abuse

Does this sound unjust yet ?

The sad thing is that I am not the only mother that has experienced this. There are many women whose stories have not been heard. I am beginning this trend here for women all over who have experienced trauma and separation from their children pursuant to the Hague Convention International Law.

Please sign not only for me or my children, but for all woman kind. So that the high thresholds of abuse in courts, for women, may be brought down to a level that recognizes each woman as unique. That listens empathically, with a trauma-informed ear, because injustice to women, is injustice to children and injustice to an entire generation.

The Judge of this case in Canada:
Honourable Judge David A. Jarvis
Newmarket, ON. Superior Court of Justice.
Case no: FC-19-00058978-01

The Judge of this case in Nevada:
Honourable Dixie Grossman
Reno, NV. Second Judicial District Court
Case No: DV- 1900595
(sealed case but Nevada court files can be found above at the Newmarket court continuing record) 

The Law firm that advocated for the violation of children's rights
MacDonalds and Partners LLP- Toronto Family Lawyers.


Relevant links:
Time Magazine article on the issues. (short article)
 http://content.time.com/time/nation/article/0,8599,2036246,00.html

The Hague Convention domestic violence project (short article)
https://gspp.berkeley.edu/global/the-hague-domestic-violence-project

Representing Battered women under Hague Convention (PDF)
https://gspp.berkeley.edu/assets/uploads/page/PREVIEW_2.15.pdf

Senate in Canada on the Challenges of Hague convention
https://documentcloud.adobe.com/link/review?uri=urn%3Aaaid%3Ascds%3AUS%3Aecff9736-852b-49ab-9b3f-ad52cb6aca10