GUILTY Bali - Sheila von Wiese Mack, 62, found dead in suitcase, 12 Aug 2014 #5

[Kamille]

SBM

Are you saying Stella has a guardian ad litem at the US Embassy? I did not know that. How long has this person been assigned? Do we know his/her name?

I have no idea what the official title of this person is supposed to be. I believe it is an attorney in Indonesia who reports to Judge Cohen via the Embassy.

Or I could have just dreamed that...at this point I'm not sure. LOL

Hopefully someone else can jump in here. I'll see if I can find any articles about it.

 

[Kamille]

Okay there is this GAL that was appointed back in 2015. He is a Chicago lawyer. I may have gotten him mixed up with the guy at the US embassy who was visiting HM and bringing her food and cash during the trial.


The court heard an update from baby Stella's Guardian ad Litem, Peter Schmiedel, who said the 7-month-old is in good health and has received all her vaccinations. But he also said it is a critical time to transfer her to a safe place, as Stella is still living with her mother in a cell that is shared with at least four pregnant women and one other woman with a 1-year-old.

http://abc7chicago.com/news/guardian-heather-macks-baby-should-be-transferred-out-of-cell/1064544/

As you can see, his recommendation fell on deaf ears.

MOO

 

[Kamille]

Okay going back to our posts from February 2016 when the trouble in paradise first started for TS and HM, you can see there are articles regarding the "volunteer" GAL from Chicago and some "agency" in Indonesia that is providing care packages for HM and Stella, likely from funds being released by Judge Cohen. And providing health reports on Stella back to the GAL who passes them on the Judge Cohen. Looks like TS figures it was all corrupt because that's also around the time when he claimed Stella was very sick and no one was doing anything about it. So I guess he figures this "agency" is just taking their cut and not really reporting the truth to the GAL? It's all so complicated. But you can bet HM has a good handle on how to get her stuff.

http://www.websleuths.com/forums/sh...-Wiese-Mack-s-body-found-in-suitcase-5/page90

 

[Orange Tabby]

Thanks Kamille. I've found something on the GAL here (yes, Chicago based), for anyone like me who missed this previously, Peter Schmiedel:

http://www.fischelkahn.com/schmiedel.html

 

[Weezer Fan]

Do you know what time Friday? Or how to find out?

Just click on the lexis nexis link. it has the time and maybe even court room. Are you going to go???

 

[Weezer Fan]

I see Favia's name as late as Dec 2016? :waitasec:

Your right. I was looking where it says Judge or Attorney.

 

[Weezer Fan]

I think SWM's brother and sister could probably challenge the suitability of the placement. Whether or not they have the emotional stomach for it or the likelihood of success, I don't know.

In the absence of suitable candidates, a judge would order the child placed in foster care.

I think where this might get interesting legally is figuring out what will happen if HM gets back to the US in 6 years and wants custody of Stella back. The courts might hesitate to completely terminate her parental rights. It seems to me that if the court does terminate HM's parental rights, TS's should also be terminated. TS might not care, since he's not scheduled to be released until Stella is an adult (barely).

Another objection: KW points out that Stella's family (on her father's side) is in the US. Umm....that 'family' includes TS's AWOL dad and RB, TS's cousin (I think his mother is Kia's sister).

Good point.

Also, if HM looses her slayer case, and has no money, the authorities in Bali may be much less inclined to allow Stella to stay in Bali. Who would provide for her? The government of Bali? Or they could send her home, to the US.

 

[FigTree]

Hi Fig Tree,

Stella is not an Indonesian citizen. She is American.

Some years ago South Aussie (does she ever visit here these days?) looked up the matter of citizenship in Indonesia. Being born there of foreign parents, she found, does not confer citizenship.

The most recent Chicago Tribune article says roughly the same thing:

"Although Stella was born in Indonesia, the court documents say she is a U.S. citizen through acquisition because both her parents were U.S. citizens and resided here prior to traveling abroad on a tourist visa. Indonesian law says a child born there to non-Indonesian parents would not automatically be considered an Indonesian citizen, according to the court documents."

http://www.chicagotribune.com/news/...her-mack-guardianship-met-20170210-story.html

I believe any medical care and the like Stella receives in Indonesia is a result of Heather's incarceration. Women in prison are accorded medical care and their babies are as well, but not because either mother or child are citizens.

Thanks for the reply Orange Tabby - I remember the debates about this back then, though I was not sure of what the outcome was.

Though I guess at the end of the day, it is the Indonesian Courts that have the say as to what transpires in the end, as Kia Walkers attorney was mentioning.

http://abc7chicago.com/news/tommy-s...uardianship-of-heather-macks-toddler/1752663/
"We need to prove what we need to prove in Illinois and hope and think the Indonesian courts will respect the courts here," said Mike Goldberg, Walker's attorney.
But Goldberg says there is no guarantee that will happen, even though Stella and her parents are U.S. citizens.

I wonder then what the status is for Stella being in Indonesia -
confusing I think

Indonesian Nationality law
https://en.wikipedia.org/wiki/Indonesian_nationality_law

 

[Orange Tabby]

Just click on the lexis nexis link. it has the time and maybe even court room. Are you going to go???

I just might be able to. Really. But can you please help me with the time?

 

[Kamille]

I just might be able to. Really. But can you please help me with the time?

Looks like 10:00am



MOTION SCHEDULED (MOTION COUNTER ONLY)

Date: 2/17/2017
Court Time: 1000
Attorney: GOLDBERG LAW GROUP LLC

 

[Weezer Fan]

I just might be able to. Really. But can you please help me with the time?

10:00 is the new Goldberg law entry. 10:30 is a status call. That one was listed first, with the 10:00 one added in. Both with Judge Cohen.

Here is the link:
https://w3.courtlink.lexisnexis.com...v=&caseno=&PLtype=1&sname=mack+heather&CDate=


Sent from my iPhone using Tapatalk

 

[ajaylee]

If KW gets custody of Stella, I hope there's a legal way to prevent her and the family from trying to make even more money off Stella than she already has.

No TV/Book/Movie/Talk Show interviews, appearances, contracts, etc. None. Zero.

If, when she's 18, Stella wants to go public on her own and talk to the media about her parents, that's her choice. No custodial guardian or adopting parent should be allowed to take advantage of the horrors of her background to make money.

I'd really like to know who's bankrolling KW's custody fight. We saw how little Favia and Elkin had to do to justify their own $100K+ legal fees. Or is someone representing KW, figuring that payment will come from Stella's trust?

 

[Orange Tabby]

Good point.

Also, if HM looses her slayer case, and has no money, the authorities in Bali may be much less inclined to allow Stella to stay in Bali. Who would provide for her? The government of Bali? Or they could send her home, to the US.

If Heather doesn't inherit then Stella does. Whoever has control of Stella in the weeks and years ahead is going to beg, plead and wheedle the estate for money. Constantly.

 

[watergirl62]

Wait. Won't Heather need to sign any documents placing Stella elsewhere no matter what country? I realize this gives credit the Bali legal system that may be unwarranted but am really curious about this specific detail.

 

[Orange Tabby]

If KW gets custody of Stella, I hope there's a legal way to prevent her and the family from trying to make even more money off Stella than she already has.

No TV/Book/Movie/Talk Show interviews, appearances, contracts, etc. None. Zero.

At least Walker declined to speak to People magazine recently:

"“My granddaughter deserves an equal opportunity to a better start at life, and she deserves to know her grandmother,” Walker – who declined an interview request by PEOPLE – told the Chicago Tribune in a recent phone interview."

https://www.google.com/amp/people.com/crime/heather-mack-mother-ex-boyfriend-custody-child/amp/

 

[ajaylee]

The Indonesians don't need HM or TS's signature. Stella is not allowed in the prison past age two. HM could decide to refuse to do anything. I'm guessing that if she did, the prison officials would work with the embassy to find an immediate temporary placement for Stella. It's in HM's and TS's best interests not to allow the Indonesian authorities to get involved.

Custodial issues can be very complex in the US. In some states, it is not illegal for parents to give complete custody of their children to someone. I have no idea what Illinois law is on the matter. I'm not sure why a judge would rule against an Indonesian placement if the foster parents were verified decent people. If the judge does rule that custody goes to KW or someone in the US, the enforcement is going to be interesting.

 

[ajaylee]

Stella deserved to know BOTH her grandmothers.

Thanks to KW's son and KW's nephew (as well as HM), Stella will never know her maternal grandmother.

 

[Orange Tabby]

10:00 is the new Goldberg law entry. 10:30 is a status call. That one was listed first, with the 10:00 one added in. Both with Judge Cohen.

Here is the link:
https://w3.courtlink.lexisnexis.com...v=&caseno=&PLtype=1&sname=mack+heather&CDate=

Many, many thanks to you and Kamille. I see the court times now.

Doesn't look very promising for action. I'm guessing that at 10, something related to Kia Walker's guardianship request will be formally entered into the record and someone on behalf of Heather will say that she opposes it and wants time to prepare arguments.

Then the status call at 10:30. Won't that just be to establish for the record where the case stands?

Nonetheless, if I am able (and I won't know until very late) I'll go.

BTW, Heather is listed at the top of this document as "pro se" meaning that she is representing herself. Really? Does she participate in court sessions via phone? I suppose just to find that out is worth a court visit.

 

[watergirl62]

Pursuing child custody for grandparents in Illinois involves a concept known as "legal standing." Standing is the legal ability of a grandparent to seek child custody in the first instance. Not every grandparent in all situations possesses legal standing to pursue child custody. Legal standing exists for a grandparent to seek child custody if neither parent maintains physical custody, if the parent serving as the primary caretaker dies or if there is a substantiated allegation of abuse of neglect of the child.

http://legalbeagle.com/6060585-child-custody-laws-grandparents-illinois.html

Guardianship is a more permanent arrangement. For guardianship, standing must be established in one of the following ways: 1) the natural parent voluntarily relinquishes physical custody of the minor, 2) the natural parents consent to the appointment of a guardian, 3) the natural parents fail to object to the petition for guardianship, or 4) the strong presumption of the natural parents’ ability to care for the child (fitness) is rebutted (thereby terminating the parental rights).

http://ilfamilylaw.com/grandparent-standing-custody-guardianship/

 

[ajaylee]

Many, many thanks to you and Kamille. I see the court times now.

Doesn't look very promising for action. I'm guessing that at 10, something related to Kia Walker's guardianship request will be formally entered into the record and someone on behalf of Heather will say that she opposes it and wants time to prepare arguments.

Then the status call at 10:30. Won't that just be to establish for the record where the case stands?

Nonetheless, if I am able (and I won't know until very late) I'll go.

BTW, Heather is listed at the top of this document as "pro se" meaning that she is representing herself. Really? Does she participate in court sessions via phone? I suppose just to find that out is worth a court visit.

I'm kind of surprised on KW's timing - this was never going to be easy, but I can't see the advantage to waiting until what is legally kind of the last minute to file for custody. I'm not sure how fast they can move something like this through the courts.

Orange Tabby, I don't recall exactly when, but I think last year Cohen assigned HM pro bono representation. IIRC, that was how it was reported. It struck me, because I had never heard of someone being assigned free legal assistance in a civil case.
At the time, I think HM no longer had an attorney and the judge said that someone had to represent her interests.