please write as if a barrister in hong kong made an removal for children application
1. Leave for removal to visit CT/NYC for Chinese New Year’s to see immediate family (grandmother, Sister, extended family such as Aunts, Uncles, Cousins). I have recently discovered my 85 year old Mother in February 2024 is in much poorer health than I was told by my family before the Christmas Holiday.
2. Grandmother Georgia Varvitsiotis has a materially negative change in her health and wants to see BOTH her only grandchildren before she may passes away. I was told of her material negative change in health after the Christmas Leave application was rejected as they did not want to alarm me before hand.
a. This is a new update not included in the prior Christmas Leave application, that I tried to urgently tell the Duty Judge so the children could see their loving and financially supportive Grandmother before she passes as “New information is that the Grandmother is 84 years old, in poor and failing health, and may live more than a few months. The children being prevented for FOUR years now need to see their loving and financial supportive grandmother before she dies.”
b. I did not have a doctors note for the prior URGENT application and I have provided one given to me by the Cardiologist as attached.
i. Exhibit 1 – a letter from my mother’s cardiologist stating the failing health of my Mother and need for her to see her grandchild and son.
3. The Petitioner or Mother on 28 December 2023 again has abused her own children stating that if she does not receive the financial payments the Mother wants she will continue to perpetually DENY access of the grandchildren No Christmas and No Summer holidays with their own family. This is both Admitted extortion, and maliciously holding children for ransom which there is no argument the HK Family Court is to be used an instrument for child abuse. The Mother went on to denigrate both the Father and his family who provide more financial support to her own children than the non-working mother does herself.
4. Its has now been some FOUR years since the children have seen their immediate family. The children have an inalienable right to see their immediate family and their own Grandmother. And this has been a reprehensible and inhumane cruelty imposed on children.
5. As I am not a criminal, nor have I violated any Hague laws, but have been wrongly accused of potentially committing a crime I never committed (which in and of itself has no legal basis). The Mother is alienating both children from seeing their own family for over FOUR years and openly requests cash for access to the children’s family and threatens to continue to do the same indefinitely. The HK Family Court is not instrument of extortion and cruelty to children or a violator of basic human rights.
a. Exhibit 3 I provide direct payments from the Grandmother for paying for children related expenses. WRONGLY and FRAUDULENTLY misrepresented as the Father’s income.
6. As I am being wrongly treated as a Criminal by the Mother as paid for by HKLA funds who should maybe be used for better purposes as I will now need to stand for a FIFTH hearing on the matter of the US CITIZEN children trapped in Hong Kogn ‘Asia’s World City’ not being able to see their own family members for now over FOUR years.
7. The concept of an accused CRIMINAL is to offer ‘Bail’ or a ‘Bail Bond’ or ‘Security for being a Flight Risk’ can be applied only I have YET to commit the crime I am being accused of committing.
a. My Mother “the dying grandmother’ is will be willing to pay such a “Flight Risk” BAIL Bond given the way the Father is being wrongly accused as being a CRIMINAL. And it will be returned when I return the children back to Hong Kong. Taking away any such excuse from wrongly blocking children to see their own family, if we are to be treated as ‘hostages’ of the Mother in Hong Kong.
b. What is the amount of ‘bond’ or ‘security for flight risk’ My Mother would need to put up for the right to see her own Grandchildren? Or would putting her home as collateral to ensure BOTH children return to HK be sufficient to ensure my returning to Hong Kong with both children? Would this “Bail Bond” or ‘Security for Flight’ now satisfy the HK Family Court? We need to put this matter on record formally for further action if needed.
8. For the best interest and well being both children Leonidas Varvitsiotis (Age 13) and Philip Varvitsiotis (Age 11) need Holiday or a break from HK, and this prolonged three year divorce to see their loving and financially supportive family, which is the best ‘emotional therapy’ seeing close family and loved ones in a stable, and safe Family Home and have a beautiful Holiday and HUG their Grand mother for most likely the last time. Please see (Exhibit 2 – Children in CT/NYC)
a. Hug their grandmother, aunts, Godmother/Aunt, Godfather/Uncle, meet and play with their large extended family.
9. Both children have had so many of these beautiful memories with loving family, and spent THREE consecutive Christmas Holidays
a. In 2017 Christmas (about three weeks)
b. In 2018 Christmas (about three weeks)
c. In 2019 - 2020 Christmas and New Years (about four weeks)
d. and one Summer Vacation in 2019 (about five weeks)
10. Both children have sadly been wrongly blocked from seeing their loving grandparents by the mother, since her November 2020 divorce filing until present. I have asked for mutual consent to avoid making this application to request for the basic human rights of the children (and grandparents/immediate family to see the children who are now THREE years older and not really children anymore);
11. The Mother has on Three prior occasions left both children, when they were much younger in 2017, 2018, 2019/202o in the care of the Father and his family on those prior trips to take her own person vacations in Seattle (where her friends reside), and Miami (where she stayed with Jason Shapiro for Botox, facial fillers and Facial Laser been therapy’s) each time for around some 7/10 or so days, when both children (now teen and near teen) were much younger but now at Age 13 and Age 11. The Mother as shown in the HK family court leaves Philip to go home completely unattended and the teenage Leonidas 13, and near teenage Philip age 11 are old enough to care for themselves.
12. The grandmother is now 84 and her health is poor and in a frail state. But I have RECENTLY learned after the BLOCKING of seeing her for Christmas 2023 her health was FAR Worse. I provided the professional doctor’s note and he can speak to the Judge if needed to talk about the TRUTH of her health.
13. My Mother desperately wants to see her grandchildren and hug them again before she passes. The grandmother’s health has not been good and her mobility is also very limited and degenerating as already documented. And I was not told how bad this situation really was and just learned the TRUTH of it.
13. The Grandmother has paid for the air tickets, which had a change protection but the change ticket protection only worked for ONE change. The Tickets can be re-issued but ONE time so we need confirmation of this trip to use the Flight Vouchers.
14. Reason to return to Hong Kong, material misrepresentations of facts, and Undertaking to return to Hong Kong:
a. The business Asia Interactive is run out of the immovable Registered office on 42 Macdonnell Road flat 2E (the converted office). There can be no MISREPRESENTATION of FACT that the company needs a PHYSICAL office and all of the IT network and IT server equipment is located in the physical office on 42 Macdonnell Road. The Business CANNOT be run remotely without this Physical office this was a FALSE statement and misrepresentation. This is a finding of FACT and NO further misrepresentations can be made on this finding of fact. This business needs a physical location to hold its secure IT network and It development servers. That physical location is in HK / immovable office where the Father lives. The costs to move are prohibitive some $300,000 - $500,000 HKD – and a new physical location is needed to move the ‘office’ to. There are NO IT staff or capabilities to make this risky move and if this move is attempted – the entire business can SHUT down in seconds. This is the REPEATED finding of facts that NO further ‘misrepresentation’ or FRAUDULENT misrepresentations can be made.
b. I have my entire LIFE in Hong Kong and am the CEO of a business in Hong Kong for the last 17 years’ and I am running many litigations concurrently here in HK simultaneously for which my presence here makes managing them very cost effective. I also know how to make appeals.
c. Both children attend schools in Hong Kong
i. American International School for Leonidas Varvitsiotis (age 13); needs to return
ii. Catholic Mission School for Philip Varvitsiotis (age 10); needs to return
d. All our possessions and life has been in Hong Kong and we have to return.
e. The criminal ‘Bail Bond’ or ‘Security for Returning’ can be provided, if I am to be treated like a criminal for a CRIME I have NOT committed or under some for inditement for a ‘suspected crime’ I could not and have not committed. Even accused criminals get bail bonds to visit their families for crimes they are being accused of that they may or may not have committed.
f. All of the above should address the pointless argument and FOUR years of the children being PREVENTED to see their own loving and financially supportive families can be considered a CRIME by its own rights.
15.I have care and control of Leonidas Varvitsiotis and the mother opposing this application has care and control of Philip Varvitsiotis. I have made an URGENT variation of Interim Care and Control application of Philip for which we will all return and I re-iterate that the Mother’s recent lying under OATH and the willful misleading of the HK Family Court or PURJURY for serious matters of abusing and assaulting her children and having Philip LIE to officers of the court about this matters. The Mother is the only real flight risk.
g. If both children cannot be given leave to visit their sick and dying grandmother.
h. I request at least, Leonidas Varvitsiotis in my care can control be granted leave to visit his loving grandmother and immediate family.
i. I believe preventing children from seeing the loving and financially supportive grandparents for FOUR years could be a VIOLATION of one or more HAGUE Convention human rights especially from ‘Asia’s World City’ Hong Kong. This is a matter that should not need FIVE applications and my hope is this would be the last application I need to make.
16. Access for the Mother Both Children will have unfettered remote digital access with the Mother via their own personal smart phones, and wifi connections to speak to the Mother on video calls at any time in a flexible on demand manner, and without any interference.
17. I request the below departing Airline Travel Schedules:
20 – 28 Days of travel for the Children in February 2024 or thereafter so a new application does not need to be made.
APPLICATION FOR REMOVAL OF CHILDREN
To: The Honorable Judge
Subject: Application for Leave for Removal to visit CT/NYC for Chinese New Year's to see immediate family
Dear Sir/Madam,
I am writing to respectfully request your consideration and approval of my application for leave to remove my two children, Leonidas Varvitsiotis (age 13) and Philip Varvitsiotis (age 11), from Hong Kong to visit Connecticut and New York City during the Chinese New Year holiday. This visit is necessary due to the recent and significant changes in the health of both my children's grandmother and my own mother, Georgia Varvitsiotis, who is currently 85 years old.
I was informed after the Christmas holiday that my mother's health has deteriorated significantly, making it imperative for my children to visit her before the situation worsens. The update regarding my mother's health was not included in the prior Christmas leave application, as my family did not wish to alarm me unnecessarily.
In support of this application, I have attached Exhibit 1, which is a letter from my mother's cardiologist, affirming her failing health and expressing the need for her to see her grandchildren and son. This letter serves as medical evidence of the urgency and importance of the requested removal.
Moreover, it is crucial to note that the petitioner, their mother, has continually abused her own children emotionally by using them as leverage to receive financial payments. She has openly admitted to extorting money from me and has maliciously held the children hostage by denying them access to their paternal family. Such behavior is not only reprehensible but also constitutes child abuse.
For the past four years, my children have been deprived of their inalienable right to see their immediate family, including their loving and financially supportive grandmother. This has been an inhumane and cruel treatment, which goes against the best interests of the children. The Hong Kong Family Court should never be utilized as an instrument of extortion or a violator of basic human rights.
To address any concerns regarding their potential flight risk, I propose the possibility of a bail bond or security to ensure our return to Hong Kong. My mother, who is willing to pay this bond, can provide collateral, such as her home, to guarantee the children's return. This should alleviate any doubt or objection on this matter.
It is essential for the well-being of both children that they have the opportunity to visit their family and experience emotional therapy by spending time in a stable and safe environment. The visit will enable them to create beautiful memories and receive the love and support of their extended family. The attached Exhibit 2 provides evidence of the children's previous holiday experiences with their loving family, confirming the positive impact such visits have on their emotional well-being.
Lastly, I would like to highlight that the children's education, schools, possession, and entire life are based in Hong Kong. Furthermore, I am the CEO of a business that has operated in Hong Kong for the past 17 years. The ongoing litigations and management of my business require my presence in Hong Kong, making it cost-effective for me to manage them from here.
In conclusion, I humbly request your favorable consideration of this application, which is crucial for the mental and emotional well-being of my children and to honor their inalienable rights. I assure the court that I will adhere to any conditions imposed and return the children to Hong Kong as agreed.
Thank you for your attention to this matter.
Yours faithfully,
[Your Name]
Barrister-at-law