FL FL - Isabella Hellmann, 41, catamaran off Cay Sal, FL Keys,14 May 2017 #2 *GUILTY*

[DakotaMayi]

How are this monsters family able to keep their granddaughter/niece away from them? Why have they been awarded custody? Just because Isabella was taken from them does not mean he or his family has the right to do whatever with their daughter.

They sound just as vile as he is.

 

[MzOpinion8d]

OMG!!!!! I was not expecting this. I’m so curious to know what evidence they have!!

ETA just read what they have. I thought they weren’t able to bring in the catamaran? I wonder how they got this info?

I remember reading in the beginning that they were able to examine it, because they verified she was not inside it. I think it was upside down and divers went in. After that I think it was gone. They must have tried to inspect and document as much as possible when they were able to.

 

[JerseyGirl]

Here is an article with photos: http://www.mypalmbeachpost.com/news...rPSbfWDiECBhBtJSkyJWO/#Du9sHI6JEeeiOpUOXDFw_g

 

[inmyhumbleopinion]

I KNEW it!

That poor woman, and leaving the baby motherless.....ugh

As much as I hate to use the phrase “I KNEW it!” or say “I told you so!” whether online or in real life, those were my first reaction when I first heard of yesterday’s arrest.

I became especially suspicious of him after he started accusing Isabella’s family of breaking into their condo, claiming that he made a trip to Cuba supposedly to look for Isabella (which I don’t believe ever took place based on the timeline released by the FBI), calling the police on them for allegedly accusing him of killing Isabella. It has always been “Me, me, me” from the very beginning. And money.

I had a gut feeling he was guilty, which is why I initially posted her missing here.

That was my gut feeling also.

He may not have killed before, but I suspect he has engaged in many other criminal activities.

Kudos to the FBI for taking this case seriously and for their hard work. I really didn’t think he would be charged so quickly.

 

[haven71]

I knew it too!!! I was pretty suspicious from the get-go. So glad this monster is finally facing the music.

 

[MelmothTheLost]

How are this monsters family able to keep their granddaughter/niece away from them? Why have they been awarded custody?

The child is in the UK and therefore UK child custody law applies. Since the mother is dead, the married father has custody in the UK. If he is in prison, the daughter becomes subject to social services and they will normally seek to put a child with members of the surviving parent's family if they are considered suitable.

Just because Isabella was taken from them does not mean he or his family has the right to do whatever with their daughter.

Actually, he does because he has custody in law.

To be honest, one factor which may come into play here is the Colombian connection. A UK judge may take the view that returning the daughter to the US could mean that she disappears into Colombia at some stage. So long as she is in the UK, the US/Colombian relatives should be able to visit and the court may well order and facilitate visitation access, but if she were spirited to Colombia the UK grandparents would probably never see her again. If the child were to leave the UK as a minor and be taken to Colombia then there would be no recourse at all for her paternal grandparents.

 

[Gardener1850]

How are this monsters family able to keep their granddaughter/niece away from them? Why have they been awarded custody? Just because Isabella was taken from them does not mean he or his family has the right to do whatever with their daughter.

They sound just as vile as he is.

No one has been awarded custody of her. Her father fled to the UK with her and left her with his parents when he came back the US (where he was arrested for the stolen coins). Why would they want to bring her here and risk never seeing their granddaughter again? JMO, I think we can have some empathy for all sets of grandparents and extended family of Emelia in this case. They didn't create this mess-- LB did. That little baby girl is the one who is going to suffer for her dad's actions, no matter which set of grandparents gets custody. JMO.

 

[flute4peace]

The child is in the UK and therefore UK child custody law applies. Since the mother is dead, the married father has custody in the UK. If he is in prison, the daughter becomes subject to social services and they will normally seek to put a child with members of the surviving parent's family if they are considered suitable.



Actually, he does because he has custody in law.

To be honest, one factor which may come into play here is the Colombian connection. A UK judge may take the view that returning the daughter to the US could mean that she disappears into Colombia at some stage. So long as she is in the UK, the US/Colombian relatives should be able to visit and the court may well order and facilitate visitation access, but if she were spirited to Colombia the UK grandparents would probably never see her again. If the child were to leave the UK as a minor and be taken to Colombia then there would be no recourse at all for her paternal grandparents.

Gah. What an awful mess.

Sent from my SCH-I435L using Tapatalk

 

[DakotaMayi]

No one has been awarded custody of her. Her father fled to the UK with her and left her with his parents when he came back the US (where he was arrested for the stolen coins). Why would they want to bring her here and risk never seeing their granddaughter again? JMO, I think we can have some empathy for all sets of grandparents and extended family of Emelia in this case. They didn't create this mess-- LB did. That little baby girl is the one who is going to suffer for her dad's actions, no matter which set of grandparents gets custody. JMO.

Did I not just read that Dad's family are telling Mom's family that they won't be allowed to see the baby until he is released from prison? Why would I want to have empathy for people who would willingly put others through that pain?

 

[MelmothTheLost]

Gah. What an awful mess.

It is indeed.

There are other factors that are likely to come into play here. Although Isabella's family looked after the baby from time to time, Isabella was the primary caregiver.

Emilia was around 10 months old when her mother died and maybe a month older when she was was brought to the UK and her paternal grandparents effectively became her main carers. My guess is that a judge would in any event grant them custody of her if her father is jailed because it would be judged to be in Emilia's best interests for that to happen. It's obviously true that Emilia will have suffered disruption to her care in being brought to the UK but to return her to the US, when she is older and now settled in the UK with her paternal grandparents, is likely to be deemed a further and unnecessary disruption, especially as she has now spent almost as much time in the UK as she did in the US. I know very little about young children and their development, but I would guess Emilia's memories of Isabella's family have probably faded considerably over the months. It's not impossible that she may not remember them at all.

 

[DakotaMayi]

The child is in the UK and therefore UK child custody law applies. Since the mother is dead, the married father has custody in the UK. If he is in prison, the daughter becomes subject to social services and they will normally seek to put a child with members of the surviving parent's family if they are considered suitable.



Actually, he does because he has custody in law.

To be honest, one factor which may come into play here is the Colombian connection. A UK judge may take the view that returning the daughter to the US could mean that she disappears into Colombia at some stage. So long as she is in the UK, the US/Colombian relatives should be able to visit and the court may well order and facilitate visitation access, but if she were spirited to Colombia the UK grandparents would probably never see her again. If the child were to leave the UK as a minor and be taken to Colombia then there would be no recourse at all for her paternal grandparents.

He shouldn't have any rights given his charges. She was born here, wasn't she? She grew up with Mom's family. I understand the law, thanks.

Also, I wasn't asking about Mom's family getting custody. I simply asked how they are allowed to keep them from even having visitation with her? Just because she is in the UK, surely they cannot do that?

 

[MelmothTheLost]

He shouldn't have any rights given his charges.

He doesn't have rights. He has custody in law. In the UK children have rights. Parents have responsibilities towards their children.

She was born here, wasn't she?

Yes, but she has or is entitled to 4 different nationalities. International custody disputes are bloody messy.

She grew up with Mom's family.

For the first 10 or 11 months. She hasn't seen them for around 8 months. She may have almost forgotten them by now.

I understand the law, thanks.

US law no doubt, but custody will be dealt with under UK family law.

Also, I wasn't asking about Mom's family getting custody. I simply asked how they are allowed to keep them from even having visitation with her? Just because she is in the UK, surely they cannot do that?

I suspect they can threaten, but since the courts and social services are almost certainly going to be involved I would be very surprised indeed if the courts do not order and facilitate visitation by Isabella's family unless it is deemed to be not in Emilia's interests to do so.

If contact is ordered it would almost certainly take place at a family visitation centre. Normally these are used for paternal visitation where the father is not allowed unsupervised access to a child but they can be used for other purposes as well.

 

[Gardener1850]

Did I not just read that Dad's family are telling Mom's family that they won't be allowed to see the baby until he is released from prison? Why would I want to have empathy for people who would willingly put others through that pain?

Sorry, I had not read that. I'm guessing you mean this:

"I'm afraid I'm not going to see Emelia ever again," said Dayana Rodriguez, Hellmann's sister.

The only thing Dayana says she has left from her sister, who was lost at sea last May while on a trip with her husband Lewis Bennett, is their daughter Emelia.

Two weeks after Hellmann went missing from her husband's boat while they were in the Florida Straits, Bennett took his daughter Emelia out of the country. Hellmann's family says it was against their wishes.

Even after Bennett's arrest, he continued to reject their requests to see Emelia. In their most recent email conversation, Dayana claims Bennett's sister in the United Kingdom sent her a picture of Emelia and mapped out conditions on when Hellmann's family might see the child again.

"She said, 'I’m not going to let you see the baby until my brother is out of jail.' What if he doesn’t come out for another 10 years? What if 2 years? We don’t know, so that means Emelia is just going to forget about us," said Rodriguez.

https://www.wptv.com/news/region-s-...h-message-for-lewis-bennett-before-sentencing

That is really cruel if it went down like that. However, we don't know the context of the conversation. Of course their conversations are going to be contentious. What was said right before the Aunt in the UK said that to the Aunt in the US? Was a threat made to come and get Emelia and take her away? Just to be clear, I'm not taking sides here or saying where I think the child should end up. I think she will be hurt and grow up feeling like a piece is missing no matter who raises her or on what continent she lives and that is tragic. At the same time, I feel like they all should not be bringing their private arguments about her to the press. They should handle custody issues in the court systems (whatever recourse they may have to be able to visit or petition for custody). I try to remain neutral because most likely all parties involved love that little girl. I can put myself in their place (empathy) and understand why they would not just send her back to the US. JMO.

 

[Satchie]

Did I not just read that Dad's family are telling Mom's family that they won't be allowed to see the baby until he is released from prison? Why would I want to have empathy for people who would willingly put others through that pain?

I didn't see that, could you provide the link please?

 

[MelmothTheLost]

Sorry, I had not read that. I'm guessing you mean this:

https://www.wptv.com/news/region-s-...h-message-for-lewis-bennett-before-sentencing

Was a threat made to come and get Emelia and take her away?

Here's the UK position on taking children out of the country.

If the parents are married, the child cannot be taken abroad by either parent without the explicit written consent of the other since both married parents have parental responsibility. Since we have to assume that her mother is dead, the father is the only one now with parental responsibility and has sole authority to allow Emilia to leave the UK or to prevent her doing so as long as he has custody of her.

For Isabella's family to remove Emilia from the UK, or attempt to do so, would be kidnapping.

 

[Gardener1850]

Here's the UK position on taking children out of the country.

If the parents are married, the child cannot be taken abroad by either parent without the explicit written consent of the other since both married parents have parental responsibility. Since we have to assume that her mother is dead, the father is the only one now with parental responsibility and has sole authority to allow Emilia to leave the UK or to prevent her doing so as long as he has custody of her.

For Isabella's family to remove Emilia from the UK, or attempt to do so, would be kidnapping.

Thanks for educating us on the UK law. I think it would be kidnapping in the US as well.
That doesn't stop non-custodial family members from trying it, however. :sigh: I just hope Emelia is not a future thread here.
Hopefully all parties can come to some civil agreement about allowing her to know all her extended family.

 

[Satchie]

Here's the UK position on taking children out of the country.

If the parents are married, the child cannot be taken abroad by either parent without the explicit written consent of the other since both married parents have parental responsibility. Since we have to assume that her mother is dead, the father is the only one now with parental responsibility and has sole authority to allow Emilia to leave the UK or to prevent her doing so as long as he has custody of her.

For Isabella's family to remove Emilia from the UK, or attempt to do so, would be kidnapping.

Interestingly, that's not the law in the US. The baby must have had a passport (had she already been taken for a visit to the UK and/or Colombia by Isabella?) Therefore, as long as she had a passport approved by both parents, her father was able to take her out of the US without the mother's permission.

This website warns prospective parents in Florida that if one parent is from a foreign country, they can expect grief ahead if there is a dispute about custody. https://www.18884mydivorce.com/chil...ren-from-leaving-the-country-passport-denial/

The old story about King Solomon is still true, I think. Custody should be awarded to the person who has the child's best interests at heart. Making nasty comments about the other side of the family just makes the person look unstable and unfit to be a good parent.

 

[DakotaMayi]

Sorry, I had not read that. I'm guessing you mean this:

https://www.wptv.com/news/region-s-...h-message-for-lewis-bennett-before-sentencing

That is really cruel if it went down like that. However, we don't know the context of the conversation. Of course their conversations are going to be contentious. What was said right before the Aunt in the UK said that to the Aunt in the US? Was a threat made to come and get Emelia and take her away? Just to be clear, I'm not taking sides here or saying where I think the child should end up. I think she will be hurt and grow up feeling like a piece is missing no matter who raises her or on what continent she lives and that is tragic. At the same time, I feel like they all should not be bringing their private arguments about her to the press. They should handle custody issues in the court systems (whatever recourse they may have to be able to visit or petition for custody). I try to remain neutral because most likely all parties involved love that little girl. I can put myself in their place (empathy) and understand why they would not just send her back to the US. JMO.

Thank you for your reply Gardener. I appreciate the way you voiced your knowledge without talking down to me.

You are absolutely right, anything could have happened before that was said. And I imagine that no side is silent. However, I feel very much for Isabella's family. They lost their daughter, at the hands of a man who should have protected her, now, it appears they have lost their little granddaughter too. I just cannot imagine that pain. I guess I am going only off what has been said already and would have hoped that his family would have ensured Emelia would see Isabella's family during this whole period of time, regardless. I mean, none of this is this little babies fault, right. She deserves the world and love from all.

I guess I just feel that Emelia should have primary care givers, with regular visitation with the other side. No way should she lose out on her Mother's family. She has already lost so much.

 

[DakotaMayi]

I didn't see that, could you provide the link please?

See Gardener's post just above yours

 

[DakotaMayi]

Here's the UK position on taking children out of the country.

If the parents are married, the child cannot be taken abroad by either parent without the explicit written consent of the other since both married parents have parental responsibility. Since we have to assume that her mother is dead, the father is the only one now with parental responsibility and has sole authority to allow Emilia to leave the UK or to prevent her doing so as long as he has custody of her.

For Isabella's family to remove Emilia from the UK, or attempt to do so, would be kidnapping.

I am not sure why you are insisting on arguing everything I am saying here.

I never said they should take Emelia back to the US. I never said his family should not see her. I never said it wouldn't be kidnapping. I asked why they can stop Isabella's family from seeing her when they are the innocent party. Please stop being so condescending.

Grandparents rights are a thing. Well, they are here.