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- FATHER
SEES CHILDREN AFTER FOUR YEARS
- By David C. Thelen
CEO, The Committee for Missing Children, Inc
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- When Ed Troxel's children were taken
to Germany by his estranged wife Janet, he vowed to never give
up the fight to see his two little girls, Jessica and Sarah,
again. Ed spent nearly four years dreaming of the day he would
see his girls and get to hold them, as he had so many times before.
Ed's fight was not an easy one. He encountered many obstacles,
and suffered many disappointments. However he was determined
to wait for the day to come when he would see his children, he
was not going to give up; quitting was not an option. So Ed waited
and he prayed for four years, never knowing if his dreams would
ever come true.
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- Over those four years Ed attended
meetings, wrote letters, and looked for help anywhere he could
get it. Ed paid over $100,000 in legal fees, everything he and
his parents and sister had. As time went by, Ed, an U. S. Army
veteran who served in Germany, lost faith in the very country
he had helped to defend. He felt that everything was stacked
against him. Ed felt as if the American Government had turned
their back on him and his children. He could not understand why
"his" government was not doing more. "Why don't
they just tell the German's to give me back my children".
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- At first Ed tried to work within
the system, both in Germany and the United States. Ed was given
the name of a lawyer in Germany who did not speak English, making
communication with Ed and his American Attorney almost impossible.
In a story in the Reading Eagle, "U. S. Rep. Tim Holden,
a Schuylkill County Democrat declined comment on the (Ed's) case".
What was he going to say anyway, I am sorry Ed, your children
are expendable for the diplomatic objectives of the United States,
that our relations with our allies are more important than your
children? No politician would ever say that, but in reality it
is true. Every government in the world makes these kinds of trade
offs every day.
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- After a while Ed turned to the various
"parent" support groups. It made Ed feel as if he was
a part of something, i.e., knowing that there are many other
parents going through the same thing he was. However, Ed was
still no closer to seeing his children than before. Yes, it felt
good to have the support of others, but when was he going to
see Jessica and Sarah? Would the hurt of losing his girls, of
not seeing his girls ever stop?
- Ed had been through a lot. He had
to endure disappointment after disappointment. He had to work
in a system where failure was common. His children were taken
to a country that had a poor record of returning children under
the Hague Treaty. In addition, Germany was not enforcing visitation
orders, as they should. Access was being denied by the abducting
parent even though access was ordered by the courts. There is
a great deal of difficulty in getting law enforcement to enforce
the court orders.
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- However, even with all the disappointment
Ed has had to endure, his luck was about to change. The irony
of this will be that while it was the German Courts that failed
to return Ed's children as they should have, it will be a German
lawyer who makes Ed's visit possible.
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- In May 2000 I had saw an article
about Ed's plight by John Forester Jr., Senior Reporter at the
Reading Eagle. I contacted Ed to discuss his case. Ed told me
that Janet had taken the children back to Germany in March 1997
and that she did this in violation of U. S. Federal law. (Parental
kidnapping is a violation of the Parental Kidnapping Crime Act
of 1993.) As we discussed the case, Ed told me that he had applied
for the return of his children under The Hague Treaty, an agreement
in force between United States and Germany.
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- The Treaty states that children
abducted across international borders must be returned to their
place of "habitual residence". The Treaty allows very
little exception. However, to everyone's disappointment, the
German Courts refused to return Ed's children. Ed was devastated
but he went ahead and appealed the decision, and once again,
lost on appeal. At this point, after two appeals, Ed was told
that he was out of options, that he had exhausted his legal remedies
in Germany.
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- I could not believe Ed had been
told this. Yes, he had lost the return under the Hague Treaty,
but he had never given up his rights as the children's father.
I asked Ed if he would mind if the Committee for Missing Children
looked into his case to see if there was any way we could help
him gain access to his little girls. With Ed's blessing we set
out to see what, if anything could be done.
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- The first thing I did was call Christiane
Lops, The Director of the Committee for Missing Children's European
office. We decided to contact Mr. Harald Weisker, an attorney
who has successfully returned several American children under
the Hague Treaty. Mr. Weisker seemed perplexed as to why anyone
would tell Ed he did not have any rights, under German law, as
the children's father.
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- The Committee for Missing Children
asked Mr. Weisker if he would take on Ed's fight, would he help
find Ed's children and assist him in setting up visitation with
his girls. Harald agreed and set about locating Jessica and Sarah.
Mr. Weisker warned Ed things would not happen over night. He
realized that with most governments, things move very slowly.
However, eventually, with the help of family services, Harald
was able to locate the girls and secure an address and phone
number for the mother.
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- At this point I called the mother
to see how she felt about Ed visiting the girls. Janet was agreeable
if safe guards could be in place to prevent a reabduction. I
was able to assure her that Ed would not try to take the girls
from her, that his sole motivation was to see Jessica and Sarah.
I had Christiane call her and tell Janet everything would be
OK, Ed just wanted to see the girls, to let them know how much
he loved them. Christiane talked to her about the abduction of
her two little girls in 1995. I think this helped set the stage
for what was to turn into a very successful meeting between Ed,
Janet and the girls.
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- In late February, with the help
and support of the Committee for Missing children, Ed traveled
to Germany and then on to Mannheim, for a meeting with his girls.
Although the meeting had been set up a month in advance, and
the German authorities had given their assurances that the meeting
would take place, Ed was apprehensive, he was sure something
would happen to prevent him from seeing Jessica and Sarah. After
all, everything he had tried before had failed, why would today
be any different.
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- On Wednesday, February 28, 2001
at approximately eleven o'clock in the morning, standing on the
streets of Mannheim, Germany, alone with his thoughts, Ed's dream,
the dream he had so many times, came true.
- Ed, Christiane and I had arrived
early at the offices of Family Services. Ed was very nervous
and decided to go outside to get some air and have a cigarette.
As he was standing there Ed looked up, there was Ed's wife Janet
coming around the corner with two little miracles. At that moment
Ed's life was complete, or as complete as could be under the
circumstances. Jessica took to him right away, throwing her arms
around him and giving him a big hug. The little one would take
a while; after all he was a little new to her.
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- Ed's visit lasted only four days,
but because we had the support of his former wife, Ed was able
to visit for over thirty hours without the supervision of Family
Services. They went to the movies and even went bowling. Yes,
they even went to McDonalds. Ed got to see the girl's bedroom
with all the Brittany Spears posters on the walls. He got more
hugs than he could carry home and a smile on his face that had
been missing for far too long.
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