Wednesday Weirdness-Hague Treaty Causes Deportation in Divorce Custody Case

Welcome to Wednesday Weirdness, a recurring theme where we post something truly weird and wacky in adoption or child welfare. We are not fans of implementation of Hague treaties. This case illustrates how crazy it really is.

This case involves biological children of a couple in an “international marriage” in which the wife has US citizenship and the husband has Canadian citizenship. All three children are US citizens. Two were born in the US and the third was born in Zimbabwe, the country in which this family were missionaries.

 

“Three Siskiyou county children will be deported to Zimbabwe at the end  of April.It is a battle between international and federal law and in  this case international law trumps federal.It all began back in the  1990s when Krystal Chilson married Johnathan Curle. Chilson is a U.S.  citizen, while Curle is a Canadian citizen. The two decided to move to  Zimbabwe to do missionary work. Over time the couple had several  children and frequently traveled between Zimbabwe and the United States.

 

Two of their children were born in the U.S., another was born in  Zimbabwe but is a U.S. citizen. KRCR News Channel Seven spoke with the  family of the Curle children, their aunt Shari Marshall and grandfather  Keith Chilson. Marshall says over time her sister, Krystal Curle, and  her husband Johnathan began to grow apart. The couple officially  separated in 2011 and since then the families have been battling for  what Marshall said are “Constitutional rights.”

 

The three children, who the family said cannot be named for safety reasons, live in Weed  with their mother Krystal. Dad, Johnathan is in Zimbabwe where a  Siskiyou County commissioner recently ruled the kids must go back to.”It doesn’t matter if the government is corrupt. It doesn’t matter. This is a battle that you could be fighting and your also fighting for your  constitutional right,” said Marshall.

 

The nine, 11, and 13 year-olds will all be sent back to be with their father by the end of April.”I think  it’s adding insult to injury. You go to help someone and then because  you go to help these starving kids and orphans you go to help and all of a sudden you find yourself with no protection. I don’t understand, said a tearful Marshall.

 

In this case it doesn’t matter the three children  are all U.S. citizens.

 

According to the International Hauge[sic] Treaty what  matters is where the children have spent the majority of their lives,  which in this case is Zimbabwe.The treaty was  adopted in 1993. According to the treaty’s website it’s goal is “to  protect the rights of the children, birth parents, and adoptive parents  involved in intercountry adoption and prevent child-trafficking, or  abuses.”

 

However, Marshall and her father believe the law is too vague  and has no strict guidelines.”The Hague Treaty affects anybody in an  international marriage with children and struggles,” said Chilson.”

 

What  we’re trying to say is it needs to be established in a court of law that can see both sides of it. If the court system says there needs to be  visitation there for a bit of time that can be established. We’re not  trying to keep them from him (Johnathan Curle),” said Marshall.The  family has made it their goal to get their message in the public eye.  They have reached out to more than 20 television and radio stations, but not everyone is telling their story.

 

Marshall said she has had a  difficult time telling the media her story because they  believe it is a custody battle but she steadfastly affirms it’s  not.”The Hague Treaty is sketchy, it’s unclear, it’s left up for each  judge to decide what they think it means,” said Marshall.

 

The family said the kids are looking forward to seeing their dad, but haven’t been told when or if they’ll return to the U.S.

 

Marshall said her family worries  about unsafe living conditions in Zimbabwe.An attorney for Johnathan  Curle said in a statement,”the court did not make the decision to return the children to Zimbabwe lightly.

 

It had the benefit of hearing  evidence at a day long trial, and issued its decision in a carefully  written 15 page ruling that weighed evidence and analyzed the law. There was no omitted evidence of mistakes. It is time for the Curle children  to return to Zimbabwe.”

 

The statement continued that the children have  lived in Zimbabwe for 10 years and there’s no threat or evidence the  children would suffer there.”They want to see their dad  but the unknowns and they’re not being told when they will see their  mom is scary for them,” said Marshall.

 

The kids are set to arrive in  Zimbabwe on April 20. If you would like to read more there is a Facebook page for the family called “Help The Curles.”

 

Children With U.S. Citizenship To Be Deported To Zimbabwe

[KCRTV 4/9/12 by Shay Arthur]

 

The Facebook page mentions how DOS won’t help.  When do they EVER help?

 

 

There is a petition that explains more of the story including that the children have been residing in the US with their mother SINCE 2009.  Find it at http://www.change.org/petitions/president-of-the-united-states-secretary-of-state-hillary-clinton-stop-3-us-citizens-children-from-being-sent-to-zimbabwe

 

“Prevent the 3 US Curle kids from being sent to Zimbabwe, Africa.

 

We need your help to stop this injustice.

 

The parents of these children were missionaries in Zimbabwe.  All three children are U.S. Citizens.

 

The father resides in Zimbabwe but is a Candadian [sic] citizen who is not allowed to enter the U.S.A. because of visa violations.

 

A judge determined that the habitual residence of these children is Zimbabwe.  They have lived in the U.S.A. with their mother since 2009 and are enrolled in school.  This recent decision means they must return and reside in Zimbabwe pending adjudication of the case.

 

Harare, where the children will reside, has been plauged with disease and social unrest.  Typhoid and cholera run rampant and over 80% of the residents have HIV.   The judge refused to consider the saftey of the children in this decision.

 

Please help us protect the rights and safety of these young U.S. citizens.  Unless you help, they will have to leave the country on April 20, 2012.”

 

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