Judicial protocol vs the brethertons solicitors et al

A LETTER BEFORE CLAIM
SECTION 1. INFORMATION REQUIRED IN A LETTER BEFORE CLAIM
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To
Samantha Jennifer Lowry, jointly and severally with
Brethertons
Guardian Ad Litem (name has been concealed)
Cafcass (name has been concealed)
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The claimant
Daniel Pavon Cuellar representing the kidnapped child Sebastian John Raul Pavon Cuellar, kidnapped since December 3 2007 in breach of an international settlement agreement under Hague proceedings .

(Address removed) ( allow 21 days for delivery or send via overnight mail)
EMAIL OF DERECHOS HUMANOS TV ACTING AS INTERMEDIARY: INFO@DERECHOSHUMANOS.TV

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Reference details

Case No: FD08P02334
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The details of the matter being challenged
(Set out clearly the matter being challenged, particularly if there has been more than one decision)

The following matter are challenged on the basis stated below and Including but not limited to : fraud by false representation, fraud by failing to disclose information, fraud by abuse of position and in violation of criminal codes in the jurisdictions involved.
All proceedings are based on contempt, fraud, theft and kidnapping.

The Hearing of July 1, 2010 of findings of contempt did not provide any evidence to prove any breach of order or contempt on a hearing without the father, strict proof is hereby required

The Brethertons sent the order of Justice Hogg, (July 15, 2010) already in Breach(July 12, 2010) past due dates, and making impossible an appeal.
This is followed from maliciously removing the father from the hearing of March 2, 2010 AND REMOVED NOT BY THE JUDGE.

Proceedings in this case number have been made to obstruct justice and treaties with full illegal process in violations of the father, the child and his family rights even on custody, equity and human rights;

In a year nine months of these proceedings, the father has only been heard A TOTAL of about 10 minutes in this case (on March 2, 2010 then maliciously disconnected and not by the Judge, but while he step out.)

All orders have been obtained without the father’s opportunity to be heard or challenge such orders,

Several of those orders are in direct breach of rights.

All orders are groundless and frivolous and have not evidence of their claims

BACKGROUND OF THIS CASE PROCEEDINGS:

This cause was started secretly around October 31, 2008 where the Official solicitor was acting as “advocate” for the father and without notice to the father and did so until sometime of March 2009 during Hague Proceedings.
Pacta sunt servanda
We hereby request the records required for the solicitor to act as an advocate for the father and any notice provided to any of his relatives.
The Brethertons as soon as they knew of the father application on the Hague proceedings on January 20, 2009 (The father proceedings under the convention commenced since May 2008) immediately took proceedings to obstruct the Hague Convention using forged records and already proven false claims for purpose of aiding kidnapping and hiding the whereabouts of the child (aiding and abetting kidnapping by fraud to obtain gains for themselves and others)
The Brethertons obtained orders to obstruct the convention without notice to the father or the opportunity to be heard in proceedings that should have immediately stayed, but that did not and such orders where obtained by fraud
This cause number has something in common, to make impossible for the father to be heard while obstructing Justice on proceedings abroad, and in fact in such cause number that should have stayed since January 20, 2009 or before, did not, and The Brethertons continued to obtained “orders” during Hague proceedings in this case based on forgeries and perjuries and without notice to the father or the opportunity to be heard or defend his or his son rights.
In fact, up to date, the father has not have the opportunity to be heard in any hearing in regards to this case and has been prevented to see his son in breach of his custody rights.
On June 19, 2009 the final trial on the Hague Proceedings took place, which that itself come with several matters of concern, including fraud on concealment of records, breaches of orders, breach of treaty and records received after due date (June 11, 2009 pleading of the father provides all description of events and three days before the final trial) with extensive use of forgeries and even records not received up to date.
This includes failing to provide by concealment or omissions (not considered in the Judgment) the full version of the settlement agreement under Hague proceedings (41 pages) as well as failure to disclose the material facts of this conflict as well as failure to provide reports on the harm to the child who remains kidnapped and his whereabouts concealed up to date, even after the Hague Convention requires to be given the whereabouts of the child, even when the evidence provided by Samantha proves the child welfare is deplorable, all the crimes of violence by the Lowry family fully proven.
Justice Hedley had requested the matter be set with him for order sought, such pleadings the father filed since December 2009, another on February 26, 2010, another on June 20, 2010 and others. But all remain unanswered.
The father has been fully ignored and not even given the opportunity to be heard or see his son or know his whereabouts.
On March 2, 2010: a hearing took place, where the Brethertons by fraud changed the purpose of the hearing, to requesting a trip for Samantha (Abductor) in breach of Justice Hedley order and in contempt of court, with malice and harassment to the father, (Why make orders that are breached)
In such hearing the father was disconnected from the phone and not by the judge, but someone else .
The proceedings did not adjourn, instead, the orders where obtained before the father was even on the phone and the hearing continued without him. (evidence available)
The rights of the father and child are been decided by fraud, omissions and concealment of facts, by a solicitor, a guardian ad Litem, Cafcass, but all with the omissions and concealment of material facts to the case, and worst, defamation, libel and slander throughout their comments.
The child was kidnapped at 8 months old, he cannot instruct anyone, barely himself, his heritage, family rights, father rights are fully violated and now threaten his identity right and cultural right forever.
The march 2, 2010 orders, and July 1, 2010 more abusive were fully misleading and impossible to fulfill, or simple entrapment.
Not even a name or email from the “solicitor of the child” where records where to be served.
The transcript was received after and was compared with the recording and shows that was altered, to make seem the judge disconnected the call, and also other alterations or omissions.
The Brethertons brought a claim for contempt on March, the father replied and nothing else was heard from the Brethertons until over three months later (Which it is hereby requested to extend by this reason the time limit),
On Sunday June 20, 2010 the Brethertons sent an email to the father that they would have proceedings for contempt, such email was received by the father on June 30, 2010 with other emails (around 8). For the hearing the next day: His birthday.

Everyone in the case knows the birthday of the father, which shows malice and harassment, intent for pestering and time when a person would have plans in advance to be somewhere, a birthday, have friends.
Intent precisely to not allow the father to speak and then set him up to take the father out of the case.
The hearing on July 1, 2010 where the father had one day notice, was suppose to be a directions hearing, but once again, the pleadings and request from the father were ignored, the evidence records and facts concealed;

The findings of Justice Hogg for contempt was aware of only some of the breaches of orders of the Brethertons or contempt but the father was clear in the records he filed, by been this a directions hearing the father does not set his claims at length..”, but more specially the continued use of forgeries and perjuries that have been already proven false in court since over a year ago, they still use them…
The hearing was to be a directions hearing and the father was not even provided the opportunity to filed the evidence to prove contempt, which today is hereby attached
Their continued use of forgeries, is also used by Cafcass and Guardian ad Litem who extend and distort the perjuries and forgeries of the Mother to her convenience and fully bias to the mother to obtain gains and aid the kidnapping .
Once again in this hearing of July 1, 2010 the father was not given to opportunity to be heard, with one day notice and been his birthday.
The findings of Justice Hogg were based on the continued use of forgeries and omissions by Cafcass, Guardian ad Litem and concealment of records not yet received by the father so he cannot even know.
It Was until July 7 2010 that for the first time the Guardian and Cafcass wrote to the father, and claimed they would send the decision of Justice Hogg.
The father did not even know the proceedings took place, until such email
Up to date, such has not been received by them or any other records that were suppose to have been received in regards to the child. Unreliable to represent anyone.

It was until July 15, 2010 that the Brethertons (after receiving notice by derechos humanos Tv to allow at least 14 days notice long before), they supply an order already in breach, where the sam Jackson change the due dates on her own; no seal, no signature and impossible to know if is real or altered such order.

THE BRETHERTONS CHANGE THE ORDER AND DATES WITHOUT PERMISSION OR ORDER OF THE JUDGE TO JUSTIFY THE LATE SERVICE WITH AN ORDER ALREADY IN BREACH AND NOT SEALED

On July 14, 2010, the Court send a record via email to Info@derechoshumanos.tv which is not an email from the father, but such order of justice Hogg ordered to fulfill obligations by July 12, 2010, which makes by such delay and concealment of the order and automatic breach of order or even contempt to deprive the father of his rights and even with threats of serious concern if he did not comply.

Furthermore, giving no time to comply with.

It is hereby requested that Judicial review will extend to the whole proceedings in this case that have been used for the sole purpose of kidnapping, fraud and theft and obstruct treaties and justice, more especially the Hague convention proceedings, hearing of March 2, 2010 and July 1, 2010.

The whole proceedings in this cause are predicated on fraud upon the court, fraud under the fraud act of 2006, Contempt, breach of treaties, fraud of abuse of position, fraud by false representation, fraud by failing to disclose information, furthermore, in breach of international treaties of service and for the purpose to help Samantha Lowry and others obtain illegal gains by theft and fraud and directly cause including but not limited to over 1732 Original Dapacu Paintings, real estate and more, a total loss to the father, child abuse and crimes against the elderly; including but not limited to Aiding and abetting kidnapping and crimes against the elderly (see Texas Proceedings that are been obstructed by these proceedings) That even Samantha Lowry filed in these proceedings.

This theft includes 1732 masterpieces, real estate, and other valuable property including money and assets from the elderly parents of the father that the Mother keeps illegally and by theft, but also all personal records, taxes , tools and even homestead of the father that the mother holds illegally and by theft and illegal possession, possible precisely by the records concealed and illegal acts of each of the people involved.

The Cafcass officer who suppose to be neutral writes as “representing the mother”

The Guardian has failed to provide answers to the exhibit attached.(email sent to them on July 2010 been first email ever between them.

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The issue
(Set out the date and details of the decision, or act or omission being challenged, a brief summary of the facts and why it is contented to be wrong)

PROCEEDINGS ARE TAKING PLACE IN MEXICO AND UNITED STATES THE CHILD IS KIDNAPPED IN ENGLAND, HIS WHEREABOUTS CONCEALED BY FRAUD IN BREACH OF AN INTERNATIONAL SETTLEMENT AGREEMENT UNDER HAGUE PROCEEDINGS,

JUSTICE HEDLEY THOUGHT THIS INSTRUMENT WAS ONLY 5 PAGES AND NOT THE 41 PAGES THAT PROVES THE KIDNAPPING AND FOR THE PURPOSE TO STEAL PROPERTY WORTH MILLIONS. NOW ATTEMPTING TO CHANGE THE NAME OF THE CHILD AND ESCAPE JUSTICE WHILE FAILING TO RESPOND IN PROCEEDINGS IN MEXICO AND TEXAS;

The case is all over the internet since before proceedings in England and the truth proven, also in the court bundles, but omitted by all.
We hereby attach the Material basic facts omitted by all (Cafcass, Guardian, etc…)

Including for the theft of 1732 original Dapacu paintings, illegal possession of real estate including the homestead of the father (with homestead exemption and all contents, including records, documents, identifications and more already used for fraud by Samantha Lowry (Texas Proceedings) )

The material omissions and concealment of records to alter judgments and justice extends to all proceedings.

JULY 19, 2009: The most crucial is the omissions of records and material facts by Justice Hedley, including the International settlement agreement under Hague proceedings, that he thought to be 5 pages when the instrument is 41 pages, this cause the breach of the treaty and the 36 pages concealed provided clear evidence of kidnapping and that was an instrument under Hague proceedings and also the evidence the mother concealed the travel documents of the child and the father to prevent their return to steal all from him and his family.
By reading February 26, 2010 with the judgment of Hedley gives a clear idea of the differences with the understanding that all statements of the father have evidence records to back each statement true and correct

Although the father has filed several pleadings in regards to these matters, NONE HAS BEEN REPLIED.

The concealment and material omissions on the Judgment of Justice Hedley, resulted in a wrongful judgment, the appeal was filed, but the 15 minutes for permission to appeal was not enough and was denied.

All orders obtained have been obtained without any opportunity of the father to be heard, some violating rights directly, all obtained by fraud and deception and with the use of already proven false, forged, fabricated records and fully proven perjuries (using the same evidence and affidavits of Samantha Lowry Et Al) or without any evidence at all except “new affidavits without evidence, based on nothing, backed with nothing,

March 2, 2010 same as the above, and been the first hearing in this case the father was heard and only around 10 minutes before he was maliciously disconnected by someone other than the judge

July 1, 2010: The findings of contempt are without any evidence , the dates obtained and orders are irrational and impossible , the changing of directions hearings alter all process of Justice previously set.

WE HEREBY REQUEST STRICT PROOF OF THEIR CLAIMS WITH EVIDENCE RECORDS TO OBTAIN ANY AND ALL ORDERS. AND OTHER THEN AFFIDAVITS.

The names be released for proceedings in case of breach of duties or complaints as required by law

That all records and documents and any other material to be used in any hearing will be provided in full to the father at least 14 days before any hearing and at least 21 days before final trial, without exception.

That this case is close for been in contempt and predicated upon fraud and the Texas and Mexican Proceedings continue , but this cause has been made to obstruct such proceedings and in violation to jurisdiction and treaties.

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The details of the action that the defendant is expected to take
(Set out the details of the remedy sought, including whether a review or any interim remedy are being requested)

Relief sought, review requested and interim orders (as applicable):
1)That these proceedings will comply with the international laws and treaties as well as the laws and constitution of the jurisdictions involved without interference to the proceedings in Texas and Mexico.
2)That all claims proven false and all records proven altered or forged be removed from the records of the court and all statements and reports. (Fact Finding hearing is hereby requested (Estimated time 2 days)
3)That interim orders are granted to:
a)The return to the father of his stolen property withheld by fraud and theft by Samantha Lowry, including records, identifications , taxes and all records even the homestead Be returned that is part of the contractual obligations she has up to date
b)Interim contact the father and child, since there is no reason why shall not be allowed, and if there is to provide strict proof.
This can be made by one hour daily via video link.
c)All medical records and whereabouts of the child be provided, including the whereabouts and records since his kidnapping and unedited
d)That the guardian ad Litem and any solicitor for the child shall be removed from the case, by reason of all the material omissions and bias the mother without any consideration for the child rights or welfare and at the age that he cannot express his wishes or instruct anyone to protect his rights. kidnapped at 8 months old and that the father is in his birth certificate and is not dead, he is representing the child and the only person truly protecting his welfare and rights.
e)That all hearings will take place, granting enough time for the father to reply. (minimum of 14 days after reception of all records to be used in any hearing)
f)That all misleading, wrong worded, or impossible orders are removed, that any order that is wanted be with evidence records not previously proven false or fabricated and not matters to be dealt in Texas or Mexico otherwise such orders be vacated or invalidated.
g)That all the records of the child be provided as per applicable laws of the countries involved. Unedited
h)To provide an email address where the mother can received notices of other proceedings
i)To stop using the Brethertons for “service” as they have maliciously conceal records in the past to obstruct justice (June 11, 2009 records filed by father in Court.
j)To immediately stay these proceedings pending resolution of the Judicial Review and stop any child psychologist or any other expert witnesses, until the records of the court and reports have been “clean” from forgeries and false statements

k)The father has also requested the records from the court certified, but up to date has not yet received a response. Those records are needed for other proceedings and to know what exist in the records of the court, as even Justice Hedley could not find certain records
l)That all names in these proceedings will be released or detail information be given to be able to file proceedings against such individuals as well as to provide an address for service of documents (Including but not limited to be added as defendants in existing proceedings)

The details of the legal advisers, if any, dealing with this claim
confidential
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The details of any interested parties
(Set out the details of any interested parties and confirm that they have been sent a copy of this letter) I confirm that a copy of this letter has been sent by email to:
Guardian Ad Litem,
Cafcass officer
Marcus Scott Manderson
Cliona Papazian
Sam Jackson
Samantah Lowry
The Brethertons
Also service by publication
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The details of any information sought
(Set out the details of any information that is sought. This may include a request for a fuller explanation of the reasons for the decision that is being challenged)

STRICT PROOF OF EACH OF THE CLAIMS MADE AGAINST THE FATHER OR ANYONE IN HIS FAMILY THAT HAVE NOT PREVIOUSLY ALREADY PROVEN FALSE, FABRICATED OR FORGED.
STRICT PROOF OF CONTEMPT
STRICT PROOF OF EVIDENCE OTHER THEN AFFIDAVITS TO BACK THEIR CLAIMS
STRICT PROOF WHY THE FATHER CANNOT SEE HIS SON OR KNOW HIS WHERE ABOUT WHILE IN BREACH OF HIS CUSTODY RIGHTS

The details of any documents that are considered relevant and necessary for proceedings to be provided as the sole evidence in chief for proceedings.

The full medical report of the child BE PROVIDED, since is the main concern.

THE FATHER TO RECEIVE ALL RECORDS AND REPORTS UNEDITED.

And if not to provide a full explanation with evidence records why and under which law or act shall be edited or names concealed.
With strict proof of their claims with Evidence records

A request for production to be granted to the father that will reveal the truth of the whole case very simple, previously sent and was to be individually answered, but was fully denied, such request will provide clear evidence and proof of the false claims of Samantha as well as a true assessment of the child welfare in a simple and clear manner.

Therefore is hereby requested once again and with the list attached providing the reason why is needed for the case.

A fact finding hearing, of estimated 4 hours be granted to reduce the 10 bundles in the court, to records that are relevant and facts that have been proven, removing all false claims, unproven claims, and irrelevant records, and remove any matters to be dealt in Texas and Mexico, including any custody determination

It is believed that after this hearing, the records can be reduce by 90% and their claims fully obstruct other proceedings that continue and were previous to this one.

THE MOTHER HAS THE BURDEN OF PROOF, AND MUST PROVIDE STRICT PROOF OF HER CLAIMS.

On the bundle of Hague Proceedings in Mexico are several records missing (the consecutive order of Mexican proceedings and not the Brethertons)

Although The Mother is suppose to provide strict proof of her claims by having the burden of proof , she has not, what becomes concerning is that her forgeries and false claims have been proven false al length and in detail one by one. Including but not limited to all her proceedings held by fraud, in secret, frivolous and out of jurisdiction to steal all by fraud from the elderly parents of Daniel that become crimes against the elderly, YET, AFTER PROVEN FALSE, FORGED OR FABRICATED, THEY CONTINUE TO BE USED.
Therefore to require strict proof of each of her claims, and the removal of records (now 10 bundles that are irrelevant)
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(Set out the details of any documentation or policy in respect of which the disclosure is sought and explain why these are relevant. If you rely on a statutory duty to disclose, this should be specified)

The Mexican and Texas (USA) laws and rights apply, the child is kidnapped and the country to the original proceedings is Texas and Mexico by agreement of attorneys parties and Hague proceedings (41 pages)
Samantha Lowry has extensive property stolen for the Pavon Cuellar family, including the theft of over 1732 Dapacu Paintings, Criminal proceedings are also taking place.

The father only commenced proceedings in England by the kidnapping of the child, but was illegally served with these proceedings of fraud and deception to obstructs all proceedings

The father has filed pleadings since December 2009 that remain unanswered all of them.

To refer an issue affecting the interests of children to the Children's
Commissioner or the Children's Commissioner for Wales.

For the purposes of making a complaint or the investigation or determination of a complaint in relation to a legal representative or a professional legal adviser.

To refer an issue affecting the interests of children to the Children's Commissioner or the Children's Commissioner for Wales.

For the purpose of a criminal investigations

To enable the legal representative or professional legal adviser to obtain a quality assurance assessment

For serious violations to Human Rights

For other pending proceedings in Mexico and Texas

11. The address for reply and service of court documents
(Insert the address for the reply) info@derechoshumanos.tv providing at least 14 days to be forwarded to the father
12. Proposed reply date: 21 days after reception of this notice and the answer to be RECEIVED by the father at least 15 days before any hearing

A TRANSCRIPT IS HEREBY REQUESTED OF JULY 1, HEARING

The Brethertons are sending records after due dates, on the last minute and even in the final trial of Hague proceedings after and during final trial

By reason the father is unrepresented, and by reason of common feasible time to comply all records shall be received in full at least 14 days before any hearing and 21 days before final trial including all reports and all records of evidence to be used in such hearings or final trial

It is requested this proceedings in this cause number be terminated by been in contempt of justice and for the sole purpose of aiding kidnapping, theft, obstruct proceedings abroad as well as aiding the theft of 1732 Dapacu Paintings and more.