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Showing posts from January, 2019

Bits and pieces of the translated appeal court judgement are trickling in...

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With just over 18 months having passed since Nikki's abduction, bits and pieces of the translated appeal court judgement are trickling in: “The evidence on file provides foundation for the conclusion that until his removal to the Republic of Bulgaria – 09.07.2017, the child (Nikki) was habitually residing in the Republic of South Africa where he was born and lived with his mother. The child left the state of residence on the above date and settled in the Republic of Bulgaria , again with his mother. With view of the above, the court finds that the child (Nikki) was wrongfully retained in Bulgaria within the meaning of article 3 of the Convention. As seen from the evidence on file with regard to the law applicable in the Republic of South Africa governing the exercising of the rights of custody with regard to minor children, the law has granted the exercising of the rights of custody with regard to the child (Nikki). as at the date of his removal to Bulgaria – 09.07.2017, an

More from the appeal judgement...

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More on the judgement: "...and did not demonstrate behaviour demonstrating his acceptance of the mother’s retention of the child in Bulgaria. Notwithstanding the above, the court of appeal finds that in this particular case there are grounds to refuse the return of the child within the meaning of article 13, paragraph 1, letter “b” of the Convention. This article sets out that the competent authority of the requested state is not bound to order the return of the child if the body which opposes the return establishes that there is a grave risk that the return of the child would expose him to physical or psychological harm or otherwise place the child in an intolerable situation. When judging the existence of the above negative prerequisite for the return of the child in his country of habitual residence before the wrongful retention, the court is being led by the child’s interest. The child’s interest, as a principle of paramount importance for solving the matters with regar

Missing Nikki on Christmas day

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December 25, 2018 at 8:00 AM  ·  Cape Town, South Africa Merry Christmas Nikki, we all love you and miss you so much.....Your Christmas presents are here waiting for you. # bringnikkimulderhome   # parentalalienation   # parentalabduction   # childabduction # childabuse   # narcissisticabuse   # stockholmsyndrome   # brainwashing   # IPCA # coparenting

Another failed visitation attempt to see Nikki

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December 14, 2018  ·  Sofia, Bulgaria The photo looks very similar to the ones I posted from my previous three trips to visit Nikki in Sofia, Bulgaria.....that's because the outcome was essentially  the same.... Today I went to visit Nikki at the Social Services Directorate (SSD)….On arrival I was informed that a sick note and script had been emailed to them yesterday, implying that Nikki was sick……and he would not be attending. My reception is once again hostile but the formalities are completed and I leave without seeing Nikki…. Here’s a summary of the last 4 visits: I had sent a “visitation schedule” to my lawyers for forwarding to Nikki’ Mom. Receipt by her was never acknowledge and didn’t really matter because the outcomes were as below : 1. A sick note is received 5 minutes before my arrival stating that Nikki would not attend due to a respiratory infection. I send an email to Nikki’s Mom requesting information about his state of health, no response is received.

The Hague Convention appeal hearing

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December 12, 2018  ·  Sofia, Bulgaria Well Mr Lion, I've lost count now of the number of times you've hosted me.....The appeal hearing for my HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL C HILD ABDUCTION in Sofia, Bulgaria took place this morning. I am pleased to say, my conviction that: honesty, integrity and justice will prevail and that Nikki will be home soon, has been strengthened today.... A decision is not made on the day of the hearing and we still have to wait for that, but the state prosecutor recommended to the 3 judges that the first instance ruling (the Bulgarian Family Court’s final ruling and order is made, it states among other things: “…parental abduction has taken place…” and “The court ORDERS THE RETURN OF THE CHILD,…..to the country of habitual residence – the Republic of South Africa,...”) be upheld . Although the state prosecutor is not the judge, they oversee the court process (their role is different in Bulgaria than in South Africa

17 months since Nikki's abduction

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December 9, 2018 Today marks 17 months since Nikki's abduction.... The appeal hearing is just around the corner and despite my confidence that the appeal court can do no other t han to uphold the ruling of the family court's ruling which states among other things: “…parental abduction has taken place…” and “The court ORDERS THE RETURN OF THE CHILD,…..to the country of habitual residence – the Republic of South Africa,...”, I reflect over the past 17 months and it is difficult for me to come to terms with the damage that has been done to Nikki. But there are ways of dealing with these situations and soon the healing will begin. As usual I thought I would provide a little anthology of what has happened of over the last month: 2018/09/07 Nikki’s Mom has not paid the court fee for the appeal (an amount of about EURO 6.14 or ZAR 108.00) resulting in the legal process being halted until payment is made… Somewhere in between I have learned that I am wanted in Bulgaria in r

My lawyer responds on the same television program

My lawyer was interviewed on the same TV program a few days after Nikki's Mom's interview, this after we requested the opportunity to respond to her allegations . Here is the interview. We were given the assurance that nobody from Nikki's Mom's team would be involved in the interview, however Nikki's Mom was dialed in.... Dispute between father and mother in court - for kidnapping or parental rights The mother claims she is a victim of violence and runs away with her child from South Africa btvnovinite.bg Posted at 10:23 AM 28/11/2018 - Updated at 6:49 am 28/11/2018 Maria Lucianska is a mother who struggles her child to stay in Bulgaria and not to take her to South Africa. She has no marriage to the father, they have not lived together, he has no parental rights in South Africa by law. The child's father has been physically harassing the Bulgarian before the boy, which is documented. Mother and child return to Bulgaria about a year ago. However, there is