Dear Senator the Honorable Penny Wong,
We are all Australian; Father, Mother and both children. We were sent on a short term work assignment by an Australian company and ended being ensnared in Family Court proceedings under The Hague Convention Treaty for International Child Abduction. Where an American court claimed jurisdiction of our Australian born children while we were on a short term work assignment.
I am advocating for a venue transfer from the United States to Australia which is essential to safeguard against bias, ensure equal access to resources, uphold international standards of fairness, and promote family stability.
I respectfully requesting your assistance in advocating for a venue transfer from the United States to Australia in the above-referenced case. This transfer is imperative to uphold our constitutional rights, particularly those enshrined in the 2nd, 4th, 5th, 8th, and 14th Amendments.
The rights protected under these amendments are being infringed upon due to the following reasons:
2nd Amendment - Right to Life: We seek protection for our family's right to live safely, free from oppression, domestic violence, and child abuse. However, the current legal proceedings in America pose a threat to our families safety and well-being.
4th Amendment - Freedom from Slavery: The family court's restrictions on our freedom to move freely, akin to being treated as property, violate our fundamental rights. We feel confined and oppressed by these restrictions, hindering our ability to live fulfilling lives.
5th Amendment - Due Process: We question whether due process has been followed in our case. Specifically, has the judge presented findings of fact and laws to substantiate her rulings? We are concerned about the lack of transparency and accountability in the legal proceedings thus far.
8th Amendment - Cruel and Unusual Ruling: The current ruling, which affects the best interests of our children, are unjust and disproportionate. It imposes undue hardship on our family and undermines our rights as parents.
14th Amendment - Due Process: We invoke the protections guaranteed under the 14th Amendment, which safeguards against deprivation of life, liberty, or property without due process of law. Our family's rights have been unjustly curtailed, and we seek redress through proper legal channels.
In addition to these constitutional rights, we draw attention to relevant provisions in the Texas Family Code and civil rights laws, including Sections 153.001, 153.002, 153.004, 152.202, and Rule 500.3(c), (d), and (e) of the Texas Rules of Civil Procedure. These laws emphasize the paramount importance of the best interest of the child and the right to a fair trial.
Protection Against Bias:
Under the United States Constitution, specifically the 14th Amendment, individuals are guaranteed equal protection under the law. Additionally, Texas law, particularly the Texas Human Rights Act, prohibits discrimination based on based on sex, race, language, ethnicity, heritage, culture, or national origin. However, individuals from minority backgrounds, such as Australians some hailing from South Africa and Zimbabwe, often face systemic bias and prejudice within the United States legal system. By relocating the venue to Australia, where cultural understanding and sensitivity are more likely to prevail, we seek to align with the principles of fairness and equality enshrined in both United States and Texas law.
Equal Access to Resources:
Access to legal representation and resources is essential for ensuring a fair defense. However, individuals from minority and disadvantaged backgrounds often encounter barriers to accessing these resources within the United States. By moving the venue to Australia, our family can benefit from the Australian legal system's provisions for subsidized legal aid or pro bono services, ensuring equitable access to justice when one party are facing hardship. This aligns with the principles of fairness and due process guaranteed under both United States and Texas law.
Alignment with International Standards:
The United States is committed to upholding international standards of fairness and equality in legal proceedings. By seeking a venue transfer to Australia, where our family's rights are more likely to be respected and protected, we align with these fundamental principles of justice and equality. Both the United States and Texas recognize the importance of ensuring equal treatment under the law, as enshrined in international conventions and treaties ratified by the United States government.
领英推荐
Promotion of Family Stability:
Family stability and cohesion are paramount considerations, particularly in legal proceedings involving children. By relocating the venue to Australia, we seek to promote family stability and eliminate the stress and uncertainty associated with litigating in a foreign legal system. We are all Australian, Father, Mother and both children. This approach is consistent with the best interests of the children, as recognized under both United States and Texas law, which prioritize the preservation of family bonds and emotional well-being.
Application of Santosky Framework:
The Santosky framework, established by the United States Supreme Court, emphasizes the importance of protecting fundamental family interests and ensuring fair procedures in parental rights termination proceedings. The framework highlights the need for a heightened standard of proof to prevent erroneous terminations of parental rights or unnecessary modifications of managing conservatorship. By moving the venue to Australia, where procedural safeguards and legal standards may align more closely with the Santosky framework, we seek to ensure that our family's rights are safeguarded and that any legal determinations are made with the utmost care and consideration.
Tex. R. Civ. P. 257 - Change of Venue:
Under Tex. R. Civ. P. 257 and Texas Civil Practice and Remedies Code sections 15.011 to 15.020, venue is not proper in the current court and are registered and recognised in the Federal and Family Court of Perth, Western Australia. Given that all parties affected by this suit, including the children, are Australians by birth, origin, and citizenship, it is imperative to transfer the case to a jurisdiction where jurisdiction is proper and where the interests of justice can be best served.
Venue is More Convenient in Another Court:
Texas Civil Practice and Remedies Code section 15.002(b) allows for a transfer of venue to a more convenient court. The Federal and Family Court of Perth, Western Australia, is a more convenient venue.
In summary, transferring the venue of the legal proceedings from the United States to Australia is not only legally prudent but also essential for safeguarding against bias, ensuring equal access to resources, upholding international standards of fairness, and promoting family stability. By opting for a jurisdiction where our family's vulnerabilities are less pronounced and where legal processes are more conducive to equitable outcomes, we seek to protect our fundamental rights and interests under both United States and Texas law.
Thank you for your attention to this matter. We respectfully request your support in advocating for the venue transfer to Australia. Could you please write our family a declaration and or statement advocating for a change of venue which we will officially file under our Motion with the 247th District Court of Harris County, Texas Family Court.
Our family would appreciate your support in this urgent matter. Please let me know where I can contact you in regards to your advocacy letter in support of this transfer of venue.
Sincerely,
Erna A Cox, MOTHER