Lara in Detroit.
The author is a native of Metro Detroit and resides in Royal Oak.
By David Rubenstein
I am so heartbroken for my daughter Lara. She wanted so much to remain here in the U.S. She not only wanted to live with me but clearly was aware of all of the opportunities available here that are not present in Mexico City (including real justice). She has dreams. She is a dreamer. But not in a legal sense.
She’s an American citizen.
But that didn’t matter. The local courts simply rolled over and acquiesced to the Mexican courts. Lara is now gone, back in Mexico. It’s not only sad and heartbreaking, but legally, a grave injustice.
Let me explain.
David Rubenstein (Facebook photo)
Lara was born in Guadalajara, Mexico in 2004. Through a quick application process, and because I am an American, she became an American citizen. We lived in Zihuatanejo, Mexico. Her mother and I divorced in 2008
Our custody agreement in the Mexican court (like most) was very specific on many points. But the most significant one was that "neither parent could remove the child from the county or country without the written permission of the other". Well in 2010, my ex-wife essentially kidnapped Lara and moved to Mexico City (about 9 hours away by car).
She moved in with a man whom she is not married to, but now have twins together. I immediately filed a lawsuit in the courts in Zihuatanejo, Mexico, to have Lara returned to Zihuatanejo where I lived.
I waited two years without any effort by the judge to remedy the breach of contract (Judge Judy would have ruled in two minutes.) We don't have proof, but my lawyer in Mexico tells me he feels certain that the judge was paid off. After two frustrating years without justice I moved back to Detroit (approx. 2012).
Since then, Lara has been traveling to the U.S. each summer. Not only am I here, but just in Detroit alone, she also has an aunt and uncle, great aunt and many cousins. They all adore her as she does them.
She also recognizes that the quality of life and the opportunities here far exceed those in Mexico City: Safety, air quality, traffic, education, etc. She loves it here.
Anyway, each summer she'd tell me that she wishes to stay, and each year her mother has said no.
Regular U.S. Visits
As part of an agreement to allow Lara to visit me, I have lawfully been compliant and returned her to her Mother. This year, she’s 13, quite mature and rational-and she told me that she wanted to stay. I told her that I supported her decision. However, once again my ex-wife, Minerva said no.
Ultimately, I was served with papers from Oakland County Circuit Court. There was a motion to return Lara to Mexico, and to appear. Initially it said I had 21 days. Before I could even meet with a lawyer I was hit with another notice that my case had been moved up about 15 days.
Thus, my lawyers had no time to prepare any kind of argument. Thus, I lost.
I was told by several lawyer friends that what happened - the judge said that she had no jurisdiction over the custody agreement and that I would have to return to Mexico to fight.
My lawyer told her that we had done that years ago and that there was no way that Lara or myself would receive justice there.
Judge's Indifference
The judge's actions basically confirmed that she didn't care. She gave me no chance to speak, nor asked to meet with Lara.
Earlier this month, Lara was put on a plane-her Mother came to get her. My ex-wife isn't a U.S. citizen, but Lara's right to live in a safe environment -- and all the opportunities that she had hoped to experience -- was denied.
She is now gone.
It's a real travesty how we permit 11 million undocumented aliens (I'm not commenting one way or another as to what should be done with them) to remain in the U.S. but send an AMERICAN child back to Mexico, a country that does not return American children.
The judge decided that she had to rule on the basis of law. I get that. However there are two issues that I feel were unjust (and I'm angry): a) I wasn't given time to prepare a defense for Lara and b) Oakland County Circuit Court Mary Ellen Brennan made her ruling without allowing me to speak.
It just goes to show you that we are just little "nothings" oppressed by our restrictive laws and courts. There appears to be no room for what's fair and just.
Sadly it even impacts our children!