TRUTH IS USUALLY THE BEST VINDICATION AGAINST SLANDER - ABRAHAM LINCOLN
This international custody dispute is a result of a failed marriage between an American citizen and a Spanish national who lived in the United States.
Before, during and after the parties marriage they resided exclusively in New Jersey. During the marriage they had one child Victoria - who was born in New Jersey and was a full time and exclusive resident of New Jersey until the time of her abduction.
At the time Victoria was abducted a duly executed consent agreement was in force that prohibited Victoria from being removed from New Jersey. There was also a pending divorce complaint filed by Mr. Innes seeking joint legal custody. By operation of New Jersey law and by the actions of Mr. Innes, he was pursuing his rights of custody to the fullest extend possible under U.S. laws.
Shortly after Mr. Innes filed his complaint for divorce in New Jersey, Ms. Carrascosa filed for annulment of the marriage in Spain by using false allegations against Mr. Innes. In doing so Ms. Carrascosa was attempting to forum shop and move jurisdiction from the United States to Spain.
Despite the actions of Mr. Innes and the laws of New Jersey, on or about January 12th, 2005 Victoria was abducted by her mother Maria Jose Carrascosa and maternal grandparents Jose and Juana Maria Carrascosa. Since then she has been living with her grandparents in Valencia Spain and concealed from her father.
Mr. Innes petitioned the Spanish government to order the return of Victoria under the Hague Convention on International Child Abduction, but his petition was refused due to incompetence of the Spanish judicial system and their refusal to abide by the terms of this treaty and return this child to her place of habitual residence.
In New Jersey, Mr. Innes is legally divorced from Ms. Carrascosa and has been awarded sole legal custody of Victoria. In April 2007 the judgment of divorce and custody was affirmed by the appellate division of New Jersey Superior Court in a published 64 page decision. Mr. Innes is continuing to litigate in Spain, demanding that the Spanish government respect the custody determination of the New Jersey courts. Hwever, so far the Spanish courts refuse any petition filed by Mr. Innes. In fact, they act as though he doesn't exist.
Ms. Carrascosa was arrested in NYC in November 2006 and was incarcerated in Bergen County Jail in Hackensack New Jersey, where she was ordered to remain until she dismisses all litigation in Spain, completes a psychiatric evaluation and returns Victoria to the United States.
During her incarceration in Bergen County, Ms. Carrascosa and her army of attorneys have litigated this case in every level of U.S. Federal Courts right up to the U.S. Supreme Court. In every court her arguments were dismissed and the decision of the N.J. Superior Court was upheld.
In November 2009 Ms. Carrascosa was convicted on 8 courts of criminal interference with custody and one count of contempt of court. In New Jersey the crime of interference with custody is elevated to a 2nd degree felony kidnapping charge when the child in question is removed from the U.S.
In December 2009 Ms. Carrascosa was sentenced to 14 years in a N.J. State Prison. However, the judge agreed to reconsider his sentence if Victoria was returned to the U.S.
To date, Victoria remains in Spain and there is no sign Ms. Carrascosa or the inept Spanish courts intends to comply with U.S. laws.
This website was created to present factual information, however at times, opinions may be expressed. These opinions, protected by the U.S. Constitution and published in the United States by a United States citizen, are for the sole purpose of expressing a position regarding certain people, places, events and circumstances. Any photographs used in this site are either solely owned or have been published in newspapers or internet sites.