WA WA - Sky Metalwala, 2, Bellevue, 6 Nov 2011 - # 2

[~n/t~]

Mom is Russian.

Russia Accedes to Hague Child Abduction Convention
On Thursday, 28 July 2011, the Russian Federation deposited its instrument of accession to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction. The Convention will enter into force for the Russian Federation on 1 October 2011.


The treaty will not be in force between Russia and The United States until the United States has accepted Russia's accession.


As is the case with many countries, including the USA, Russia has made a reservation with respect to Article 26, stating that "The Russian Federation in accordance with Article 42 of the Convention shall not consider itself bound by the obligation to assume costs, as provided for in the second paragraph of Article 26 of the Convention, resulting from the participation of the legal counsel or advisers or from court proceedings, except for those costs that may be covered by its system of legal aid and advice."


http://www.internationalfamilylawfirm.com/2011/08/russia-accedes-to-hague-child-abduction.html

 

[BritsKate]

I agree. She took one child and states she left the other. If one child is hidden, the other is now in foster care and dad will have a much better ability to gain custody of her than he had in the past, which mom surely knew, being heavily involved in the court system for over a year. In reality, I think she killed her STBX's mini me.

RSBM & BBM

Can't the court actually award custody of BOTH children to the father though? Even with Sky missing...pretty sure they can and have in IPA cases - possibly other MP cases too.

 

[tlcya]

Agreed. I think she should be arrested for child endangerment. We don't know what happened to Sky yet, but she admitted leaving him unattended in an unlocked car for an hour and that is unacceptable.

A few things I wonder about:

Most people I know with toddlers pack a stroller in their car. Did she have one?

Was the car really out of gas? I have heard the police say the car started when they tried it but I have yet to hear them actually confirm that the car was out of gas. Anyone else notice that?

I too find the lack of confirmation that the car was out of gas and the lack of any sign of gas can after the purported hour long walk to go get some very troubling. That coupled with the fact that she left the child alone in a vehicle, AFTER HAVING ALREADY BEEN THROUGH THE SYSTEM CHARGED WITH ENDANGERMENT OF THAT VERY CHILD FOR THAT VERY SAME ACT, rather than take both children and knock on a door of any one of the many residences along that stretch. To me, there is not much to this case that I could reasonably deem NOT hinky and stinky.

 

[gitana1]

Unless she was heavily threaten by him or his family. I think this goes back to the mediation, tbh. They compromised. Was the father really pushing for custody? Stated she was a danger for her children to be around? She gave in to him having even visitation...which she didn't want. Why? Control, abuse or just being a B?

Well, she surely wasn't controlled or frightened enough not to litigate with intense passion for over a year in an effort to keep the kids. She didn't seem a bit scared in her audio tapes of the custody exchanges which she published for all the world to see. In fact, she didn't seem very upset that he daughter was wailing uncontrollably. Just very matter of fact and very careful to list all the reasons her daughter would be scared to go with dad, making sure the little girl heard every word. I was struck with how she commented, "Yes, he (or she) is really holding on!" Not a note of sadness in her voice at the thought of relinquishing her sobbing, screaming child to an abuser.

Was the dad pushing for custody? In my perusal of the court docs, it fits a pattern I have seen. Mom gets angry at the end of the marriage and rushes out to get a restraining order, keeping him from the kids. Dad reacts by consulting an attorney and filing for divorce, seeking rights to the kids. A battle ensues. Mom accuses dad of violence. Dad accuses mom of instability and lying.

I think dad may have sought custody after mom tried to deny him it. I also think he began to settle for just seeing his kids after a year or more of litigation ended with him having few rights to see his kids. That's just a speculative impression I got based on how the court docs feel and read to me.

I'm not saying he wasn't abusive. I don't know. But for the first fourteen years they were together, he never laid a hand on mom, according to her. Suddenly, he's completely violent?

I also will say that there is a prejudice against men from that region (Pakistan/Middle East, etc.), in our justice system, one that is not wholly without reason due to the fact that those cultures are VERY patriarchal and women's rights, children's rights and human rights are almost non-existent in those areas. There have been too many stories of dad's killing moms or taking or stealing their children to "punish" them, of men throwing acid in their faces, honor killings, etc. That could have impacted how the entire court system, CPS, child custody evaluators, judges, attorneys, etc., viewed the case. Mom's stories, even if she was totally lying, even if she is crazy, would be given much more merit. :twocents:

 

[Cher352]

Has anyone create a google map yet of the location where the car was left?

 

[Sparklin]

Why would she? They're exes. I don't have my ex MIL on my friend's list. :floorlaugh:

I do ~ all my exe in-laws. I divorced him, not them ... although I have him too hahaha!

 

[gitana1]

Mom is Russian.

Russia Accedes to Hague Child Abduction Convention
On Thursday, 28 July 2011, the Russian Federation deposited its instrument of accession to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction. The Convention will enter into force for the Russian Federation on 1 October 2011.


The treaty will not be in force between Russia and The United States until the United States has accepted Russia's accession.


As is the case with many countries, including the USA, Russia has made a reservation with respect to Article 26, stating that "The Russian Federation in accordance with Article 42 of the Convention shall not consider itself bound by the obligation to assume costs, as provided for in the second paragraph of Article 26 of the Convention, resulting from the participation of the legal counsel or advisers or from court proceedings, except for those costs that may be covered by its system of legal aid and advice."


http://www.internationalfamilylawfirm.com/2011/08/russia-accedes-to-hague-child-abduction.html

This article says mom is Ukranian: http://seattletimes.nwsource.com/html/localnews/2016709944_missing08m.html

RSBM & BBM

Can't the court actually award custody of BOTH children to the father though? Even with Sky missing...pretty sure they can and have in IPA cases - possibly other MP cases too.

Yes. I guess it's just that sadly, I am assuming little Sky is dead.

 

[GingerRed]

Has anyone create a google map yet of the location where the car was left?

Yes, I'll dig if someone doesn't link you. She was 7.3 miles from her apartment, and the route she said she took walking to the gas station (featured on a news video) was 1.3 miles round trip.

 

[nursebeeme]

Has anyone create a google map yet of the location where the car was left?

http://g.co/maps/as3ca

 

[GingerRed]

I do ~ all my exe in-laws. I divorced him, not them ... although I have him too hahaha!

But situations are going to vary. If she falsely accused him, they might have dropped off her FB. In my case, I dropped all of my stbx's family after a couple of them lied in declarations against me. Some folks stay close to the in-laws, some don't. It depends. In breakups this acrimonious, it would be hard for either side to stay in the middle.

 

[nursebeeme]

Mom is Russian.

Russia Accedes to Hague Child Abduction Convention
On Thursday, 28 July 2011, the Russian Federation deposited its instrument of accession to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction. The Convention will enter into force for the Russian Federation on 1 October 2011.


The treaty will not be in force between Russia and The United States until the United States has accepted Russia's accession.


As is the case with many countries, including the USA, Russia has made a reservation with respect to Article 26, stating that "The Russian Federation in accordance with Article 42 of the Convention shall not consider itself bound by the obligation to assume costs, as provided for in the second paragraph of Article 26 of the Convention, resulting from the participation of the legal counsel or advisers or from court proceedings, except for those costs that may be covered by its system of legal aid and advice."


http://www.internationalfamilylawfirm.com/2011/08/russia-accedes-to-hague-child-abduction.html

mom is ukranian (but the family immigrated from Russia)

http://seattletimes.nwsource.com/html/localnews/2016709944_missing08m.html

Metalwala's family is from Pakistan, and Biryukova, who is Ukrainian, immigrated with her family from Russia when she was 12, court records say.

so her citizenship is most likely ukrainian fwiw

 

[~n/t~]

Metalwala's family is from Pakistan, and Biryukova, who is Ukrainian, immigrated with her family from Russia when she was 12, court records say.

http://seattletimes.nwsource.com/html/localnews/2016709944_missing08m.html


To me it sounds like she may have been born in the Ukraine but moved to Russia.

From the article I posted up thread, it sounds like Russia is just now signing on but hasn't been approved yet. Not sure what if this has anything at all to do with the case but thought it was interesting.

 

[Hope32]

has anyone made some kind of site to summarize everything that we have found out. or a place that has links to the court documents that are being discussed.. I tired to find them but this case thread is so long.. thanks... just wandering

 

[CharlestonGal]

Mom is Russian.

Russia Accedes to Hague Child Abduction Convention
On Thursday, 28 July 2011, the Russian Federation deposited its instrument of accession to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction. The Convention will enter into force for the Russian Federation on 1 October 2011.


The treaty will not be in force between Russia and The United States until the United States has accepted Russia's accession.


As is the case with many countries, including the USA, Russia has made a reservation with respect to Article 26, stating that "The Russian Federation in accordance with Article 42 of the Convention shall not consider itself bound by the obligation to assume costs, as provided for in the second paragraph of Article 26 of the Convention, resulting from the participation of the legal counsel or advisers or from court proceedings, except for those costs that may be covered by its system of legal aid and advice."


http://www.internationalfamilylawfirm.com/2011/08/russia-accedes-to-hague-child-abduction.html

Mom is not Russian. She is from the Ukraine.

 

[kalekona]

if there was no gas can at the car and it started easily... why is this woman not in jail yet?? The second I heard this story I just shuddered, knowing it is another sick woman who is trying to cover up something awful. :banghead:

In another stations (KOMO 4 I think) report about the car starting it is stated that it common for them to start after setting for awhile- it never says how long it stayed running.

Fishy story or not they need more than missing gas can to arrest- (not having a can is explainable if she claimed she thought she could use one from the station)
They must have something to arrest her on that will stick- jump the gun and they could blow any hope of finding Sky or putting a solid case together against the mother.

 

[Sparklin]

Being familiar with situations like this, sadly, I don't think he can. At this point I believe the CPS case worker should have the right, or the foster parent.

I'm wondering why he isn't demanding his daughter???

 

[belimom]

http://seattletimes.nwsource.com/html/localnews/2016709944_missing08m.html


To me it sounds like she may have been born in the Ukraine but moved to Russia.

From the article I posted up thread, it sounds like Russia is just now signing on but hasn't been approved yet. Not sure what if this has anything at all to do with the case but thought it was interesting.

bbm

Or she is ethnically Ukranian but the family was living in Russia prior to moving to the US.

 

[nursebeeme]

In another stations (KOMO 4 I think) report about the car starting it is stated that it common for them to start after setting for awhile- it never says how long it stayed running.

Fishy story or not they need more than missing gas can to arrest- (not having a can is explainable if she claimed she thought she could use one from the station)
They must have something to arrest her on that will stick- jump the gun and they could blow any hope of finding Sky or putting a solid case together against the mother.

bbm: ita

aaaannnddd...

she has a lawyer so can you imagine how the questioning must be going for LE???

 

[GingerRed]

I'm wondering why he isn't demanding his daughter???

How do we know he is not? I doubt highly CPS is going to hand the child back until they know what is going on here. Perhaps at least at this point he is comforted by the fact his daughter is in protective custody while they look for his son.

 

[SurfieTX]

has anyone made some kind of site to summarize everything that we have found out. or a place that has links to the court documents that are being discussed.. I tired to find them but this case thread is so long.. thanks... just wandering

The court site does not allow direct linking to people. So, you'll have to search their names and look at the court documents (last name first in the boxes).

http://dw.courts.wa.gov/index.cfm?fa=home.namesearch&terms=accept&flashform=0