Nothing in this update or web site is to embarrass Rosana or any other child.
Nichts an dieser Webseite oder dem Update soll für Rosana oder andere Kinder peinlich sein.
NOVEMBER 2008
The lower courts continue to refuse to clear the obstacles blocking Rosana’s access to her family.
Factual Chronology Updates
Click here for full Chronolgy
2007
June 22, 2007: Mark’s lawyer was notified that Rosana would not be available for the rest of the summer, and no availability was projected for the rest of the year. If the German courts can manage one complete year of no contact with Rosana before she turns 16, then the German courts can cause the Hague International Treaty to no longer be valid.
July 14, 2007: Mark filed an unusual appeal with the German Supreme Court, asking them to enforce their decision of February 19, 2007, even though they are charged with deciding constitutional issues, rather than managing individual cases.
Correction: The June 22, 2007 entry above is incorrect. Since Rosana had a Hague access case, a year’s separation will not invalidate implementation of the Treaty.
July 19, 2007: A clerk with the constitutional court returned Marks’ petition because it was too late. Petition was not late and considerable time and expense were involved in proving eventually that the petition had been filed on time.
(Germany only allows 30 days for an appeal to be filed, even when it is for a constitutional violation. This short time limit and the costs involved, eliminate most complaints, especially for foreign parents living outside Germany. It is ONLY because Mark has received timely ongoing translations and assistance from several decent real Germans over the last ten years, that he has been able to meet numerous appeal deadlines from Alaska.)
Sept. 5, 2007: The German constitutional court ruled then that it made no difference whether it was late or not, but they refused to enforce their decision of 2-19-07, which essentially ordered the lower courts to stop their ethnic cleansing of Rosana. The court offered no reasoning, but one expert speculated that this highest court has been openly disobeyed by the lower courts in the Goerguelue case, and is therefore afraid of exposing themselves to further loss of credibility until that case is completely settled.
Nov. 28, 2007: Mark went to Germany to collect documents to file a case on Rosana’s behalf with the European court of Human rights. This must be filed by March 5, 2008.
2008
Jan. 14, 2008: A petition to the European Court of Human Rights petitioning restoration of family and basic rights for Rosana and Mark was sent to the court in Strasbourg France.
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