Barnebortføringen på Kypros

January 4, 2016

Kilde: VG

Mor tilkjent omsorg for jenta i kypriotisk rett – faren visste ingenting.

I oktober startet moren til den snart tre år gamle jenta en barnefordelingssak på Kypros uten av barnefaren i Norge var involvert.

Eks-kona til den norske barnefaren startet allerede i oktober en prosess i det skjulte hvor målet var å få overtatt omsorgen for deres felles datter. 12. november tok hun med seg den to og et halvt år gamle jenta til Kypros, der mor og datter siden har bodd i et leilighetskompleks i byen Nicosia.

Kontakt: Bortført.com for hjelp om ditt barn er blitt bortført

Kun én uke etter at jenta ble brakt ut av Norge, møtte den kypriotiske kvinnen i den lokale familieretten for å fremme barnefordelingssaken. Der ble hun tilkjent omsorgen for jenta. Alt dette skjedde uten at barnefaren i Norge visste om at det i det hele tatt pågikk en rettslig prosess på øya. Barnefarens advokat, Morten Engesbak, bekrefter disse opplysningene til VG.

 – Det var helt ukjent for vår klient at det var fremmet en slik sak på Kypros. Han ble ikke gjort kjent med dette før etter avgjørelsen var tatt i familieretten der, opplyser Engesbak.

Søndag ble tidligere leiesoldat Espen Lee (60), en 41-åring med bånd til MC-klubben Outlaws og en tidligere straffedømt nordmann pågrepet på Kypros, mistenkt for å ha planer om å bringe jenta tilbake til Norge.

Les: Slik jobber bransjen som henter hjem bortførte barn

– Ville være saksbehandlingsfeil i Norge

Eks-paret har de siste månedene kjempet en bitter rettskamp på hver sin kant av kontinentet. Engesbak er usikker på hvordan avgjørelsen i kypriotisk familierett vil påvirke situasjonen til hans klient.

– Jeg vet veldig lite om den rettslige prosessen som har foregått på Kypros, jeg kjenner heller ikke til rettsystemet der. I Norge ville det ha vært en åpenbar saksbehandlingsfeil om det ble tatt en avgjørelse i en barnesak uten å gi den andre parten mulighet til kontradiksjon, sier Engesbak.

BISTÅR: Advokat Morten Engesbak bistår den norske barnefaren sammen med advokat Mette Yvonne Larsen.

Kontradiksjon er etter norske prinsipper grunnleggende i sivilprosess, og fastslår at en domstol ikke kan avgjøre en sak uten at begge parter er gitt anledning til å uttale seg i saken. Det er også et helt sentralt element i menneskerettsloven.

– Man reagerer på en prosess som blir avgjort på denne måten, det er ganske fremmed i forhold til hvordan vi tenker på barn og foreldres rettigheter. Nå jobber vi med å finne god advokatbistand til ham på Kypros, sier han.

Etter at datteren ble brakt til Kypros, har faren fremmet begjæring til tingretten i sin hjemby på Østlandet hvor han ønsket en midlertidig avgjørelse for å få hele foreldreansvaret for datteren.

Denne ble avvist av tingretten, ifølge rettsdokumenter TV2 har tilgang til.

– Vi jobber nå med anken, og denne saken er pågående nå, opplyser Engesbak til VG.

Bistand fra myndighetene

VG skrev tirsdag at barnefaren har fått bistand fra norske myndigheter i sin kamp for å få datteren tilbakelevert til Norge. 30. november ble det sendt en søknad via Justis- og beredskapsdepartementet, som faren med å opprette og koordinere kontakt med kypriotiske myndigheter. Saken er nå til behandling på Kypros, ifølge advokat Engesbak.

– Dette er ikke en barnefordelingssak, men et spørsmål om hvor barnet er bosatt.

– Var jenta bosatt i Norge?

– Faren mener jenta var bosatt i Norge. Jeg ønsker ikke å gå inn i detaljene i selve saken, sier Engesbak.

Skal anke norsk avgjørelse

I en kjennelse VG har fått tilgang til, fremkommer det at barnefaren krevde en midlertidig avgjørelse i november 2015. Han ønsket eneansvar for jenta, og at hun skulle bo fast hos ham.

Vilkårene for en norsk domstol for å løse saken var likevel at jenta var å anse som «bosatt» i Norge, etter barneloven. Retten sluttet ut fra informasjonen som kom frem i saken at hun ikke var å anse som bosatt i Norge, og dermed kunne de ikke realitetsbehandle saken. Avgjørelsen kom i starten av januar 2016.

Barnefarens advokat, Morten Engesbak, opplyser til VG at avgjørelsen vil bli anket.

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Cyprus – Child ‘kidnapper’ a notorious mercenary

February 2, 2016

Source: in-cyprus.com

One of the suspects arrested Sunday on suspicion of attempting to kidnap a four-year-old girl living in Nicosia is a notorious former mercenary, according to state television.

CyBC TV reported Tuesday night that the now 60-year-old Norwegian Espen Lee had been a mercenary operating in the Middle East with the Omega pirate group.  Lee is also an international debt collector and has an international security company, Espen Lee Security, which advertises highly specialised security solutions all over the world and has its own website.

Lie and two other suspects – said to be 29, 40 – were taken into custody on Sunday at the Agios Dometios checkpoint after reports that they had come to the island to take the child from its Greek Cypriot mother. All three are Norwegian nationals, and neither of them is a relative of the child.

“The suspects are currently in court where investigators are seeking to keep them in remand while investigations are continuing”, Police Spokesperson Andreas Angelides told the Cyprus Weekly.

“The hearing may be postponed until a Norwegian translator is found. They are currently under investigation for conspiracy to commit a crime. Attempted kidnapping will most likely be added as an additional charge later.”

He added: “The child’s mother had secured an injunction from Cyprus to have the child returned to her from the father – who is Norwegian and whom she had separated from. We had received information that the trio would be arriving in Cyprus to kidnap the child, and we have sufficient evidence to back up those claims.”
Lie’s lawyer denies his client’s involvement in the case but allegedly the suspect was carrying documents which prove he was searching for the little girl.

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Indiana mom could be jailed in Cyprus as she fights for kids

August 2 , 2013

Source: internationalparentalabduction.org

Marla Theocharides is locked in an ugly international custody dispute

In a desperate attempt to stay close to her two children, Marla Theocharides packed her belongings and moved in April from Northern Indiana to Cyprus, where her ex-husband has kept their kids for more than two years despite US orders from Indiana giving the mother full custody.

On a number of occasions, her attempts to spend time with Katerina, 7, and Marcus, 4, have been thwarted by their father, who has denied visitation and ignored an order from the US court in South Bend, Indiana that grants custody of the children to their mother.

It’s yet another international custody dispute, similar to that of another Hoosier mom who traveled to Greece earlier this year in order to get her son back. That case ended happily for Alissa Zagaris, whose son is now with her in Noblesville.

But for Marla Theocharides, 33, things are not going well. In fact, she is about to go to jail.

A Cyprus court issued an arrest warrant for the Mishawaka native Friday, alleging failure to pay child support — despite the fact she cannot get a job because the financially struggling island country has yet to issue her a work permit.

“I expect to be arrested this week,” Theocharides said in an exclusive interview with The Indianapolis Star. “I am not ­legally allowed to work in ­Cyprus until they issue me a pink slip. I have applied for it but have not received it yet.”

Theocharides is supposed to pay her ex-husband 500 euros a month under a local court’s shared-custody decree that is supposed to guarantee her visitation rights. According to Theo­charides, her ex-husband, Charis, is a business consultant for NCR (National Cash Register) in Nicosia and makes 4,200 euros a month, information she says she got from court documents.

Attempts to reach Charis have been unsuccessful.

Theocharides, on the other hand, is struggling. “I am living on my credit card for food and gas,” she said. “I cannot pay the money back; I have no income.”

For that, she expects to go to jail, though probably not for long.

“I am told they will put me in jail until I can pay,” she said. “When they realize that I cannot pay, they will make payment arrange­ments and release me.”

Theocharides moved to Cyprus because child welfare officials told Cypriot courts that her children need to have a close relationship with their mother. Both children were born in America when the couple were married. She quit her job at a South Bend dentist’s office and moved to ­Cyprus. Since that time, she’s seen her kids only a handful of times.

“They were all very brief (visits), of course,” she said. “My daughter is very brainwashed, so she will not speak to me or have anything to do with me. My son is fine. He plays and laughs with me. He lets me hold him and doesn’t want me to leave when it is time to go.”

Back in Indiana, her parents and sister are deeply concerned about events in Cyprus.

“My mom has been taking it pretty hard,” said Raquel Muessig, 32, Granger, Theocharides’ younger sister. “It’s very frustrating because all the doctors there recommended she come, but then nobody helps when she tries to visit them.

“I feel like her ex-husband is just wanting ­revenge and wants her to suffer. She is causing stress in his life, and he does not handle stress well.”

Theocharides notified the U.S. State Department. An official there told The Star that the State Department is aware of “this private legal matter” before the Cypriot courts and is “providing all appropriate assistance and will continue to monitor the case closely.”

Theocharides first reported that her children were taken from her by their father on Jan. 10, 2011.

The couple met in 2001 while in college in Arizona and married in 2004; their kids were born in a South Bend hospital. Theocharides’ husband took the oath as a U.S. citizen in 2009.

In October 2009, the family moved to Cyprus, a move that Theocharides thought would be temporary but her husband considered permanent. In July 2010, she returned to the U.S. with the kids, and in the face of what she said was an increasingly violent husband, she filed for divorce.

Her husband complained to authorities in Cyprus, prompting the U.S. State Department to send Theocharides a letter requesting that she return the children. That was followed by kidnapping charges against her.

In January 2011, on the advice of the State ­Department, Theocharides reluctantly allowed her husband to take the kids back to Cyprus. Since then, St. Joseph Circuit Court in South Bend has tried to intervene, retaining its original jurisdiction in the divorce proceedings.

In September 2011, ­despite the absence of her husband and his attorney, the court finalized the ­divorce and awarded custody to Theocharides.

Since that time, she has been back and forth to ­Cyprus for visitation ­attempts that often proved fruitless and on at least one occasion re­sulted in her arrest and a short stay in jail.

Late last year, the welfare department and a child psychologist in ­Cyprus reported to the courts that the children were not doing well — they live with their grandmother and are cared for by unrelated nanny — and they recommended that Theocharides go to ­Cyprus for an extended stay to re-establish her ­relationship with them.

Alissa Zagaris, who endured a similar struggle with an ex-husband in Greece, said this case is more difficult than hers.

“Marla’s case is so much more complicated than mine, but the basic facts are the same,” Zagaris said Monday. “Hoosier kids stuck in a foreign land against all laws and treaties.

“I hate the fact Marla has put her own safety and freedom at risk by moving to Cyprus, but I understand why she has. Marla is my hero and 1,000 times braver than I.”

In Cyprus, Marla Theocharides says she is becoming very concerned about her own safety.

“I have been assaulted, jailed, followed and har­assed,” she said. “Anything can happen at any moment over here. My ex and his family are always planning something. I am even scared to go on the visits with my kids because I don’t want to get arrested in front of the children.”

But in a recent Facebook post, she showed ­resolve to stick it out until the end.

“He threatened me and told me that he has people after me and I will never last in Cyprus. WATCH ME. I will die for my kids. I am not afraid of him anymore.”

 

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Greece/UK – Arrest warrant issued for mother out on bail

By Bejay Browne

Paphos police yesterday issued an arrest warrant for a British woman who appears to have jumped bail and absconded with her young son for a second time.

Sarah Antoniou, 39, who was last year accused of plotting to hire two hitmen to kill her estranged husband, Andros, was also facing trial for previously absconding with five-year-old Alex.

She was recently released from prison in Nicosia after Attorney-general Petros Clerides, reviewed the case and reduced the attempted murder charge to a lesser conspiracy charge, enabling her to be released on bail after British MEP Stuart Agnew intervened to help.

The 37-year-old’s troubles began when her marriage to a Cypriot broke down and she returned to England with their then four-year-old son, Alex, for what she claimed to be medical treatment. This was treated as kidnapping by the Cypriot authorities, and she had to return Alex to the island. She is still facing charges relating to this incident.

According to her lawyer at the time, there were certain stipulations associated with her release on bail. These included being unable to leave the country, reporting regularly to Paphos police station and surrendering her travel documents, including her passport, to the police.

She was to have shown up at the police station on Tuesday but failed to appear.

Her distraught estranged husband Andros Antoniou told the Cyprus Mail yesterday: “This has gone too far now, this is the second time she has taken Alex; Sarah needs help and I just want my son back. I am appealing to the public to help me find him.”

According to Andros, his ex wife reported to the police station at 9am on Tuesday morning as required. He then saw her at court at 10.30am, for the case relating to the first alleged kidnapping of their son.

The ongoing case was again adjourned, as the accused woman said she had parted ways with her previous lawyer and needed time to brief her new one. She then picked up her son, who is now aged five, from school in Kissonerga and has not been seen since.

“She was supposed to return Alex to me at 6pm, but she didn’t. I have no idea where she is and no one; family or friends seem to have any more information,” said her ex husband.

The previous kidnap charges relate to an incident where Sarah Antoniou allegedly took her son to the UK via the north, despite the fact that he was on the stop list. She was forced to return him to Cyprus after an intervention by the British court.

Andros said that when Sarah didn’t show up on Tuesday, he contacted the police.

“We went to where she had been staying in Chlorokas, but Sarah and my son had vanished.”

According to Andros, his ex wife sold her car more than a month ago and had been driving a hire car since then. “She recently changed this to a bigger vehicle and this too has disappeared. I spoke to the rental company who obviously want their car back.”

Andros said that the passport number Sarah had written on the rental agreement was not that of her current passport and believes this may be a clue for police.

He said: “ A couple of weeks ago Alex came home and told me he had decided to call himself Max, and now I’m wondering if Sarah had been plotting to change their names all along.”

Sarah and Alex are both on the stop list.

Andros has been in contact with members of Sarah’s family who say they have no idea where she is. In addition, Sarah’s aunt had put up her apartment as a guarantee to meet the conditions of her bail.

“Her aunt was panicking, as her apartment has been used for collateral for Sarah’s bail,” said Andros. He said he would be contacting the Attorney-general.

“I want him to do whatever it takes to get Alex back. It’s his fault that Sarah was allowed to be in a position to do this again,” he said. ”She’s out on bail and now she is a wanted criminal.”

Andros says he’s now waiting for the police to inform him what course of action they will take.

The head of Paphos CID, Klitos Erotoklitou said yesterday: “We have made the ports and airports aware that both the mother and son are not permitted to leave Cyprus.”

Erotoklitou confirmed that police have Sarah’s current passport in their possession.

The Cyprus Mail contacted Stuart Agnew, currently in Europe, who pushed for Sarah’s release from prison whilst awaiting trail to inform him that Sarah appeared to have vanished.

He said: “I’m aware that she felt there were problems with her social worker but I urged her to play the game. She has stepped out of line before and this is not the news I wanted to hear, if in fact she has absconded.”

Agnew pointed out that there is a ‘huge bond between a mother and child, which can lead to individuals taking desperate measures.’  He said: “I can’t read Sarah’s mind but she obviously felt that she would lose her son and if she has left, she has done the wrong thing.”

Agnew pointed out that Sarah’s actions were covered by the Hague convention and that if she didn’t re appear, she would be a “wanted woman”.

Facebook: Help find Alex Antoniou

 

Published by: ABP World Group International Child Recovery Service

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