El País reports this morning in “Negociación para Liberar a Carrascosa” that estranged parents Maria Jose Carrascosa and Peter Innes are finally talking. When New Jersey judge Donald Venezia sentenced Carrascosa to 14 years last month, he left open the possibility of a reduction in sentence if Carrascosa’s child, Victoria, returned to the US to visit her American father, Innes. Now it seems that a possible agreement is being discussed between Innes’ Spanish lawyer and the Carrascosa family legal representative. The “fiscal de menores” in Valencia is also taking part.
Victoria’s custody is not in dispute. Innes believes she should live with her mother in Spain, a position he has always held according to statements he has made to the press on previous occasions. The conflict seems to lie in how soon Victoria should visit the US. The Carrascosa family holds that initial visits between father and daughter should take place in Spain.
The El País article mentions that while both the US and Spain are signatories to the Hague Convention on Child Abduction, they do not apply it in the same way. While the article does not enter into detail about what the different ways are, the comments of some of the readers may give us a clue or two. More than one lawyer writes criticizing Spanish divorce and spousal abuse laws, which they feel discriminate against men.
It’s a shame that the situation has had to reach such an extreme – Carrascosa has already been in prison for three years and Innes has not seen his daughter for five – before parties started negotiating in earnest. One can only hope that they can now reach an agreement that allows Victoria an ongoing relationship with both parents. Better late than never.
Innes is not a father, he is unhuman and delincuant, so better for Victoria to be with her grantparent.
Truth will come to Free Maria Jose
I am a mother of 5 children born in the uk I was married to a Spanish military man and I suffered an abusive relationship. During my 12 years of marriage, 7 were spent in total in the uk. 4 of my 5 children were born in the uk. When I eventually decided to ask for a divorce I was living with my children in the uk. I made the mistake of returning for a trial under the promise by my ex that he gave us permission to return to the uk. Unfortunately it was a trap. When I left and returned to the uk. My ex went to the Hague and accused me of child abduction. High Court and Court of Appeal ensued in which I found out since that papers and dates were changed and as a result I lost the case and my children were deemed to be resident in Spain. I was given custody and the judge was satisfied with my ex’s undertakings to the court (promises) However once I set foot on Spanish soil my ex disregarded these and I went through 10 months of hell. Our life was made as difficult as possible. We were interviewed by court psychologists who wrote a very biased, odd and dubious report and the judge gave custody to my ex who had 2 weeks previously been given a new posting to another part of Spain on an island. This meant my 5 young children were to live with their father and with no family or friends around. I had been the main carer all their life. It was a wrench for my children and I . My ex had played both countries in the justicial system given each country a different story. He told the High court in London that I was a very good mother and wherever the children went the mother would follow and there was nothing wrong with his marriage, but in Spain meanwhile he had filed for a separation and custody claiming that his wife had run off abandoned the home and was in need of help and if I agreed to treatment I would find in him support. Incredible.
The court did not receive all the valid papers from London or the whole translations with the opinion of the judge which was damning of my ex.I was not allowed to cross examine or question the psychologists. My eldest child was not allowed to speak either.
In the end I lost custody of my children, I had no provisions to live (no money) my assets were not divided. I returned to the Uk penniless, but kept fighting. Now 2 years later I have my old job back again and I have completed new studies ( I am a teacher and I have clean crb checks and I work with children also and the police) The irony is that my ex has blocked contact, continues to abuse and brainwash my children and feeds them with lies. He has tried to frame me in court and get me into trouble with spurious claims. Taking advantage all the while that i could not afford a lawyer. NOw I have a lawyer and I am trying to get justice and give Spain an opportunity to rectify their judicial mistakes.I am going to court in July after a long awaited date (including a cancelled date in Jan)
Currently I am struggling greatly to pay my lawyer, flights, psychologist reports etc etc. If anyone knows where I can get help financially to pay my lawyer and travel expenses or just emotional support and advice then please do.