High Court of Justice of England

NO. OF MATTER: FD09P006555
IN THE HIGH COURT OF JUSTICE
FAMILY DIVISION
PRINCIPAL REGISTRY
IN THE MATTER OF THE CHILD ABDUCTION AND CUSTODY ACT 1985
AND IN THE INHERENT JURISDICTION
AND IN THE MATTER OF THE SUPREME COURT ACT 1981
AND IN THE MATTER OF THE UNITED NATIONS
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
AND IN THE MATTER OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS
AND IN THE MATTER OF THE CONVENTIONS ON THE RIGHTS OF THE CHILD
AND IN THE MATTER OF 1980 HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL ABDUCTION.

B E T W E E N :
DANIEL PAVON CUELLAR
PLAINTIFF
SEBASTIAN JOHN RAUL PAVON CUELLAR
PLAINTIFF
(Hereby referred as Sebastian or Child)

And

SAMANTHA JENNIFER LOWRY
DEFENDANT


REQUEST TO POSTPONE FINAL TRIAL AND
MOTION FOR CONTEMPT OF COURT BY DEFENDANT

When use Defendant et al herein: refers to Samantha Lowry, Susan Lowry and Joseph Lowry .
Plaintiff hereby request the Court the final trial must be postponed to a later date, and proceedings should start against defendant for violations of the Perjury Act of 1911,

Final Trial cannot take place as schedule on June 15, 2009 under the following grounds:

1)Plaintiff has not received the documents that are been used in Court by Defendant, Plaintiff requested such documents since around April 6, 2009 (Exhibit “K” 002) from the Brethertons.

2)Justice Hoggs on the hearing of May 12, 2009 ordered to deliver such documents to Plaintiff, but up to date, after one month and 4 days before the Final Trial schedule to start on June 15, 2009, Not all documents have been received by Plaintiff. (Exhibit “Z”4)

3)Defendant filed her response for her defense for the hearing of June 2, 2009, but Plaintiff was supplied with incomplete documents; in fact, over 150 documents missing, Up to date, such documents have not yet been received by Plaintiff (Exhibit “Z” 3)

4)List of Documents requested (Exhibit “Z” 4) Documents received (Exhibit “Z” 5)

Plaintiff cannot establish a meritorious defense, nor a Final Trial can take place without Plaintiff having received all the documents the Court ordered to be delivered to Plaintiff and to give the opportunity for plaintiff to review such documents and the opportunity to respond for his defense.

Therefore, the Final Trial Schedule for June 15, 2009 should be postponed to a later date, until Plaintiff receives all the documents that are been used by defendant. Furthermore,

PERJURY ACT 1911

Plaintiff hereby files his motion to start proceedings against Defendant, her mother and brother to have committed perjury in the High Court of England perverting the course of Justice and been an offence of Common Law.

Defendant in conspiracy with others, fabricated evidence, altered the contents of evidence, use perjuries, omitted crucial records to contaminate the course of Justice

The actions of Defendant et al caused an interference with the due administration of Justice, including wrongful orders, obstruction of Hague Proceedings and the Cafcass report to be based on perjuries and false statements of Defendant et al.

Defendant et al intentionally and maliciously have made false statements knowing to be false, and even with the use of fabricated evidence as is the Email of November 3, 2007 that was not sent by Plaintiff (See Exhibit “A”) Furthermore, the Ip trace of such email has been requested and during the hearing of May 12, 2007 before Justice Hoggs, was agreed that they were to supply such information to Plaintiff, as well as the summary of medical records of Sebastian specifically in regards to vaccines of the child and since his abduction on December 3, 2007. This has not yet been received.

Defendant et al have made other material perjuries to the case, as explained in Exhibit “A” as is the email of July 16, 2007, who defendant by perjury claims Plaintiff threaten to kill the child, and use to base the existing orders of Court and all the proceedings Defendant has started, Exhibit “A” gives a detail description and evidence to prove the material perjuries of Defendant et al

Defendant in conspiracy with others, have use this modus operandi in all the proceedings since May 30, 2007, and under the grounds of Venue, and under the Perjury Act of 1911, even if committed abroad, the offender may be proceeded against, indicted, tried and punished in England.

This applies also for all the crimes committed abroad by Defendant and her family against Plaintiff and his family, but also against the child, as explained in Exhibit “Z” 1, hereby attached, and on the Statement of the Father dated May 5, 2009

The perjuries committed by Defendant in conspiracy with others who have also committed perjury are material

Plaintiff has witnesses to corroborate on the perjuries of Defendant et al as well as clear and convincing evidence already as Part of the records in the High Court of England.

Since the perjuries of Defendant et al are material, and are been use to alter the course of Justice, proceedings under the perjuries committed by Defendant et al, has to take place before Final Trial.

Defendant et al have, and continue to contaminate all the Proceedings, and the recent Cafcass report Dated June 10, 2009 is based in these perjuries and also on errors of Law resulting by the omission of records by Defendant, making irrelevant and groundless the Cafcass report.

The actions of Defendant et al, have also contaminated all proceedings and wasted the time of the High Court of England, and all the existing orders of the court are based on the perjuries of Defendant et al and for the sole purpose to obstruct the normal course of Justice and obstruct the Hague Proceedings.

The Court of Appeal said: “It was the purpose of perjury to avoid conviction for a very
grave offence [robbery]. Punishment must be commensurate with the gravity of that offence.” In Dunlop 58 [2001] 2 Cr.App.R.

This case in fact, is about kidnapping, robbery, trespass, fraud, child and elderly abuse, physical violence and all the other crimes committed by Defendant as described in attached on Exhibit “Z” 1, for the sole purpose to alter the course of Justice to obtain illegally and by theft all types of gains, and such actions cause extreme harm to the child, plaintiff and his family, but will forever harm the Child and Plaintiff.

Perjury is a crime, and this crime is been committed against Plaintiff, against the Child, but also against the High Court of England, who defendant et al have committed the perjuries deliberately, with the intent to obtain their own gains and is regarded as more serious when such actions were planned, colluded and maliciously perverting the course of Justice, for their own gains.

Allowing this type of criminal behavior of Defendants to continue, it is not in the best interest of the Child, and is a direct violation to his rights, to the rights of Plaintiff and against Justice itself

Plaintiff cannot have a fair trial, if he has not receive the documents and evidence of the case
Plaintiff cannot have a Fair trial, if the case is based on the Perjuries of Defendant and her family and such perjuries and false statements have already been proven to the Court with evidence by Plaintiff

The Court cannot make any determination of Justice, based on these perjuries, therefore, Plaintiff hereby request the court, for Defendant, her mother and brother to receive punishment under the English Law for; Perjury, use of false records, omissions of records crucial to the case, fabrication of evidence, alteration of contents of evidence, and other illegal activity of Defendant and her family against Plaintiff, against the child and in Violation of the High Court of Justice of England Laws
Om the Order of June 2, 2009 states:

AND UPON the basis that the statements by the parties shall stand as their evidence in chief and that the intention is for all the oral evidence at the forthcoming final hearing to be heard (including both parties and the children’s guardian by cross examination and by re-examination) within 1 ½ days of Court time;

This statement is to ignore the real evidence, and allowed Defendant and her family to continue with their perjuries and false statements, It has been proven the Affidavits of Samantha, Susan and Joe Lowry are full of perjuries and false statements, even use of false records, (Exhibit “A” and Plaintiff response Dated May 31, 2009) to allow this type of behaviour without punishment, but also without reviewing the real evidence before the court, could not grant a fair trial and the life and future of the child will be in jeopardy , and any judgement will be wrongfully granted, as in has been the case in all the previous court orders up to date, that have been based on perjuries, false statements, and use of false records and omissions

Directions for the filing of evidence are given by the Judge hearing the case. The parties may file affidavit evidence [Family Proceedings Rules 1991, rule 6.7] but there is no right under the court rules to call oral evidence

Please refer to the documents filed by plaintiff for the previous hearings and his statements

If the perjuries and false statements and even the use of false evidence is permitted and not punished, is to grant defendant and her family the freedom to continue with the same criminal activity, which places the decision of the court based on lies and perjuries and grant a wrongful ruling that may harm forever the life of the child and Plaintiff. But making impossible the Course of Justice

Strict real evidence has to back up each and every one of the claims of defendant et al and should be required by the Court to obtain the proper administration of Justice, since upon the decision of the court, the life and future of the child, of plaintiff, , and his family, depends on such ruling.

The truth can only be known with real evidence only then, the best interest of the child can be decided upon.

In the alternative that the final trial cannot be changed, and the evidence of defendant that plaintiff has not received will be allowed, then to give the opportunity to plaintiff to refute and defend his rights and submit the evidence as needed at any time after defendant gives her evidence or statements and before the judgement, only that way, plaintiff will have time to defend himself from any additional false claims, perjuries and use of false documents of defendant and her family, more when the life of the child depends on the ruling that may change his life, but also the life of plaintiff.

Plaintiff cannot have a Fair Trial if he is not even given the opportunity to be in ALL proceedings of the Final Trial via phone link and/or video link and be given the opportunity to hear the proceedings, be heard and defend his rights and the ones of his son.
Defendant in conspiracy with others, prevented Due Process from plaintiff and his family, in fact the same modus operandi use in the High Court of England was use in Travis County on the secret proceedings, reason why, the findings of the Court in Texas were wrong, and based on the intrinsic, extrinsic and fraud upon the court, reason why, Defendant and her family do not have any evidence to back up any of their claims.

By not having any evidence to back up their claims, is the reason they use perjury, omissions, false documents, otherwise, the records they used in Travis county Texas to prove their claims, could be use in the High Court of England, but they have not, since there is none. In fact the evidence they use in Texas Court is the one used against them

Plaintiff cannot have a Fair trial if the decision of the court will be based on oral evidence and written evidence of persons who have been proven to be pathological liars, who have committed perjuries and do not have any evidence to back up their claims, but who have use false evidence and even alter the contents of evidence in the High Court of England, and who have participated in criminal and civil conspiracy against the Pavon Cuellar family, and continue to use intrinsic fraud, extrinsic fraud and fraud upon the court to gain decrees and judgments in their favor and against the Law.

Cafcass has based their report on the same perjuries and use of false evidence of Defendant , but also on errors of Law, settlement of the child is not applicable by the Treaty of the Hague Convention under Article 12, where the commencement of proceedings started before the one year with the contractual state, in fact only 5 months after the abduction and only one month after the Duress claim of Defendant was not granted , the application to the Hague Convention was lodge and that evidence before the High Court of England proves the Administrative authorities of England commence the proceedings before one year from the abduction of the child .

Plaintiff cannot comply fully with the order of the court of June 2, 2009 until he has receive the documents and has time to review the evidence and send additional evidence as needed, but hereby attaches his “skeleton argument” based on the documents and records he has received.

By the reasons above, Plaintiff suggest a directions hearing to decide upon the above matters before final trial can take place.
Plaintiff hereby request the court to order:

1)Move the Final Trial to a later date

2)To have a hearing in regards to the perjuries, false statements, omitted records, altered evidence by Defendant, and to be determine what will not be allowed in court.

If The Court cannot postpone the Final Trial to a later date, it is Fair and Just for the Court to order:

1)That the evidence that was not timely sent by the Defendant solicitors, be excluded from the Final Trial , since Plaintiff did not have the opportunity to establish his defense and review the evidence in regards to authenticity, nor the opportunity to send evidence for his defense

2)That Plaintiff gets granted the right to send evidence at any time during the Final Trial after hearing the claims of Defendant and receiving evidence if any

3)Plaintiff hereby gives notice to the Solicitors and the Court he will be representing himself under the grounds described below:
By reason that Plaintiff is the only one that live the events and is very familiar with his evidence, and the new solicitors of Plaintiff have just started only weeks ago, and even with their best intentions, will not give them enough time to review over 2000 records of evidence, and
THE LIFE AND FUTURE OF PLAINTIFF AND THE CHILD DEPENDS ON THIS TRIAL, AND ALL THE RIGHTS OF THE CHILD AND OF THE PLAINTIFF ARE AT RISK, THEN PLAINTIFF HEREBY REQUEST TO BE PRESENT IN EVERY HEARING OF THE FINAL TRIAL, WHERE HE CAN HEAR THE PROCEEDINGS, CAN BE HEARD AND HAVE THE OPPORTUNITY TO DEFEND HIMSELF AND HIS SON, INCLUDING PLAINTIFF RIGHT FOR CROSS EXAMINATION OF DEFENDANT AND ANY OTHER WITNESS, AND BY REASON OF THE ORDER OF JUNE 2, 2009, SEEMS THE ONLY POSSIBLE WAY TO OBTAIN THIS RIGHTS, IS IF PLAINTIFF IS NOT REPRESENTED, AND THEREFORE, PLAINTIFF HEREBY RELEASE HIS SOLICITORS AS PLAINTIFF WILL REPRESENT HIMSELF DURING FINAL TRIAL.

Plaintiff hereby request for arrangements be made for Plaintiff to be present via video link or phone link during all proceedings of the final trial, and even, if required, Plaintiff will pay for the call by originating the call

THE FOLLOWING SKELETON ARGUMENT IS BASED ONLY ON THE DOCUMENTS RECEIVED BY PLAINTIFF, WHICH UP TO DATE HE HAS NOT RECEIVED ALL THE DOCUMENTS ORDERED BY THE COURT SINCE MAY 12, 2009 TO HAVE BEEN DELIVERED TO HIM.
PLAINTIFF HAS NOT YET RECEIVED ( 150 PAGES) OF THE DEFENSE OF THE DEFENDANT UP TO DATE. As Proven on Exhibit “Z” 3 hereby attached.

Therefore, Plaintiff response to the order of June 2, 2009 is limited to the documents he has received and will be as follows:

1)The previous orders filed by The Plaintiff

2)The suggested reading, hereby attached

3)The statement of the Father dated May 5, 2009

4)The Affidavit of Plaintiff in regards to the criminal and civil conspiracy of the Lowry Family to steal all the assets of the Pavon Cuellar Family and

5)Plaintiff answer of May 31, 2009.

The Settlement Agreement by MUTUAL Agreement grants: ( See attached suggested reading marked as Exhibit “Z” A hereby attached)

6)Rights of Custody to Plaintiff

7)Orders the Child to remain in Mexico

8)Grants maximum Protection to Sebastian

9)Defendant waived all what she had gain, and by reason she obtained it by fraud, including the Custody of Sebastian that would have been unenforceable by the Texas Family code 152.205 anyways

10)Grants the return of all stolen property by Defendant

11)Grants Due Process of Law

12)Respect the rights of the Parties involved, and STOPS THE VIOLATIONS of the rights of Plaintiff his son and his family

13)Remains fully valid under Mexican Laws and United States Laws.

14)Grants Justice.

ARTICLE 3 OF THE HAGUE CONVENTION
Article 3 of the Hague Convention states;

“or by reason of an agreement having legal effect under the law of that State.”

Valid in Mexico under Articles 1792, 1793, 1794 along other Civil Codes and Laws

Valid Under Rule 11 Agreement of the Texas Rules of Civil procedures, and reached by the reason explain in the Statement of the Father dated May 5, 2009 and Exhibit “Z” 1 hereby attached

Article 8: e) an authenticated copy of any relevant decision or agreement;

Convention on the Rights of the Child Article 11

1.States Parties shall take measures to combat the illicit transfer and non-return of children abroad.

2.To this end, States Parties shall promote the conclusion of bilateral or multilateral agreements or accession to existing agreements

ARTICLE 12 OF THE CONVENTION
Settlement IS NOT APPLICABLE

Where a child has been wrongfully removed or retained in terms of Article 3 and, at the date of the commencement of the proceedings before the judicial or administrative authority of the Contracting State where the child is, a period of less than one year has elapsed from the date of the wrongful removal or retention, the authority concerned shall order the return of the child forthwith.

The proceedings commenced in the contracting state BEFORE ONE YEAR FROM THE ABDUCTION, and therefore the Hague Convention is very clear;

“ the authority concern shall order the return of the child forthwith”

The date of commencement of the proceedings under the Hague Convention started on May 2008, 2007 from the United States, the Commencement of the proceedings on the contractual state (Exhibit “S”22) This Exhibit further proves the Proceedings with the contractual state dated July 2008

Transferred on September of 2008 to the Central Authorities of Mexico, by the reason that the Central authorities said the Settlement Agreement order the child to stay in Mexico, and is from where he was immediately removed from.

DEFENDANT FALSE CLAIMS UNDER ARTICLE 13B)

It has been proven by preponderance of clear and convincing evidence Defedant has no defence, and in fact is using false evidence and perjuries; (Exhibit A and B)

(Exhibit “A”) The claims Defendant and her family have made as a defense of this Article, have been proven false and groundless, furthermore, has been also proven defendant even use of false documents in Court, Perjuries, Altered the contents of evidence and been crimes punishable under the Law of England, it is in fact the same modus operandi of all her proceedings in conspiracy with her family, which further reflects their “Antisocial Behavior” (Exhibit “S”16) and “psychopaths” symptoms and criteria (Hereby Attached as Exhibit “ Z 2”)

Furthermore, Plaintiff has proven to the Court, with preponderance of clear and convincing evidence, in fact, the grave risk and grave harm Sebastian has suffered and continues to suffer by the mother´s actions and behavior. Further proven on Exhibit “B”
Therefore, Samantha has no defense under Article 13.

As to the Art 13(b) by reference to Re C(Abduction: Grave Risk of Psychological Harm) [1999] 1 FLR 1145, in the judgment of Ward LJ at 1154 A that:

‘There is therefore an established line of authority that the court should require clear and compelling evidence of the grave risk of harm or other intolerability which must be measured as substantial, not trivial and of a severity which is much more than is inherent in the inevitable disruption, uncertainty and anxiety which follows an unwelcome return to the jurisdiction of the court of habitual residence.’

In regards to this subject, the Settlement Agreement also grants full protection to Sebastian.
In regards to Inherent Jurisdiction, we turn into the basis and reasoning of the Law, Due Process. Plaintiff cannot go to England by the actions of Defendant as described in the statement of Plaintiff dated May 5, 2009 and affidavit hereby attached as Exhibit Z “1” and also further described with evidence on Exhibit “F” of the Court bundle

THE MOTIVE OF THIS CONFLICT

When you see this case, keep in mind one thing at all times, which is the motive, and is that the Lowry family purpose was to steal everything they could, and resulted in 35 million dollar secret judgment, over 160 acres of prime real estate, 1732 original fine art paintings worth millions, the homestead of Plaintiff and defendant purpose was to leave at extreme poverty the whole Pavon Cuellar family for they could never afford justice

Do not see as much the Defendant during the case, but her mother Susan, who as evidence shows, Susan took the travel documents of Defendant to not meet with Plaintiff and his son in Mexico as she was suppose to, also Susan claims in her affidavit to have “found” the travel documents from Plaintiff in Texas , also Susan took over the email account of Defendant since at least June 6, 2007 and also Susan was the one to talk to police and others.

The case is complicated, and yet again, not at all, by seen just the beginning and all they obtained in terms of illegal gains, as well as the breach of the settlement agreement was for the same purpose, to continue with their Fraud as described in Exhibit “Z” 1 hereby attached.

Plaintiff has extensive reports filed with the law enforcement agencies that describe in regards to the abuse and actions of defendant that place the child in risk of dead and available upon request, INCLUDING WITH SOCIAL SERVICES

Plaintiff cannot return to the United States because Defendant hold illegal possession of the homestead of plaintiff by theft and by fraud, as well as all his Personal documents reason why of the Settlement Agreement, reason why it was agreed by defendant, plaintiff and all their attorneys

Sebastian was to remain in Mexico during all the legal proceedings as stated therein.

Plaintiff complied with the Settlement Agreement up to date, reason why, defendant and her family do not have several warrants for their arrest

But Defendant breached the settlement agreement and with malice and fraud abducted Sebastian creating an extreme and permanent harm to him, where Samantha did not even took his toys.

During the course of Defendant actions and working in conspiracy with others, even use physical violence even murder attempts and committed over 30 crimes. (Exhibit “Z 1”)

At no time defendant showed any concern for the child, as a matter of fact, did not even ask about him, and purposely abandoned the child and place his life at risk.

Each of the person who conspired and colluded this fraud, they will obtain illegal gains.

Her attorneys will get 40% of the total amount, plus also attorneys fees, that were totaling around half a million dollars for two and a half month this proceedings.

The Lowry family had severe financial problems, and this way they would steal all the assets of the Pavon cuellar family
Defendant never supported herself,

Their purpose was planned, and done in a very perverse manner, they manipulated Embassies, Police, FBI , and even Tony Blair for their own gains, which further proves their Psychopathic behavior

Defendant and her family does not seem to realize, that Plaintiff has not file charges as a respect for Sebastian and her been the mother and by the fact of the Settlement Agreement that was reached, but if he will be to do so, the charges are not short sentences, more now that includes around 30 crimes with conspiracy, and sentences vary from 1 year to life in prison.

Defendant prevented Plaintiff from having Due Process and making impossible the return of Plaintiff and his son to the United States, but also even impossible the return of Sebastian.

Plaintiff loss all his property, absolutely everything, but also his son and his father, Plaintiff has even offer forgiveness to defendant, and offer mediation to bring this to an end looking for the best interest of the child, yet, Defendant continues to hold into the illegal gains obtained by fraud and theft careless of Sebastian and careless of her outcome without having a real view of what she has done. (Psychopath symptoms)

Plaintiff looks for a final and just resolution, the path to this resolution has been already reached with the settlement agreement, that lasted over three months to reach all the terms within, and in fact, started since June 2007,but defendant knew and knows the evidence Plaintiff has against each of them and in fact, not only she would lose all her illegal gains, she is indebted to Plaintiff and his mother by hundreds of thousands, she is not entitled to the homestead of Plaintiff since it was bought since 1997 and before the relationship, and is protected by constitution, defendant did not even lived there, and plaintiff and defendant never married

By the perjuries already proven to the High Court of England clearly shows how Defendant and her family have and continue to manipulated the Judges, the Court and others for their own gains, and have in fact committed all types of crimes without punishment, and will continue to do so, if no punishment is done.

The children act, the Human rights, the Hague convention, the Children rights focus on the best for the child, but also on the rights of family, and is a very tender issue as is the basis of human life, is what people live for, and is what people may die for protecting. Reason why they are rights that are highly protected, and no man can lose such rights without due process and without the opportunity to be heard.
Plaintiff as a loving father who lived the harm of Defendant and her family against Sebastian

During the course of The Hague Convention Proceedings in England All of the following has been proven to the High Court of England with Physical clear and convincing real Evidence including court records, including police records, pediatrician records, emails from the Ex parte proceedings that took place by Samantha in Secret, and other important records:

1)It has been proven the abuse and neglect of Defendant to Sebastian and even how Defendant placed his life in risk of Dead several times, refuse to give him medical attention, and purposely harm the child

2)It has also been proven The secret and frivolous Law suits Defendant started after Plaintiff and his son were awaiting for her in Mexico, and how by Intrinsic, Extrinsic and fraud upon the court obtain all the illegal amounts and they use and exploited the child for this sole purpose

3)It has also been proven The Violence of the Lowry Family even physical, even murder attempts against Plaintiff parents, before the murder of Plaintiff father after he countersue Defendant, also dead threats, and threats of all types against Plaintiff, from rapes, to beatings, to destruction of property of Plaintiff.

4)It has also been proven The Criminal and civil conspiracy of Defendant in concert with others to obtain all types of illegal gains in Secret proceedings

5)It has also been proven Defendant in conspiracy with her family committed over 30 crimes

6)It has also been proven The Custody Defendant obtained in secret proceedings and through intrinsic, extrinsic and fraud upon the court, is not valid nor enforceable by Family code 152.205, nor by Mexican laws

7)It has also been proven the perjuries of Defendant, her mother and brother. Also the use of false evidence altered the contents of evidence in the High Court of England.

8)It has also been proven Defendant and her family antisocial behavior, and the sexually depraved minds, violence, and in fact It is hereby proven that Defendant and her family fit the criteria and symptoms of Psychopaths (Exhibit “Z” 2)

9)Defendant and her family in conspiracy with others in fact exploited Sebastian for their own gains in a very perverse, criminal and sick way

10)It has also been proven Defendant in a criminal and civil conspiracy violated Children Rights, Human Rights and constitutional rights of Plaintiff, the child and his family (Plaintiff response dated May 31, 2009)

11)IT has also been proven the grave , extreme permanent harm Defendant caused to the child since his birth
12)Defendant during her criminal and civil conspiracy committed over 30 crimes, including federal and state crimes, including several felonies (Exhibit “Z” 1)

13)It has also been proven to the Court the Abandonment of Defendant to Sebastian and how she exploited to make all types of frivolous claims to gain by fraud all the assets of the Pavon Cuellar Family

14)IT has also been proven the Grave harm she cause to Sebastian by her abduction

15)Defendant purposely, maliciously made impossible up to date for Plaintiff to have Due Process and impossible to return to the United States

16)The only reason of this conflict was for defendant working in conspiracy with her family and others to obtain by fraud and theft all the assets from Plaintiff and his family without due process and even with the use puff physical violence against the elderly parents of plaintiff

17)Defendant could not cope as a mother, did not want the child and did not care at all for the child at any given time, and in fact, in the sixth months the child was with the Plaintiff, no more than three times the mother asked about the child

18)Defendant abducted Sebastian was to breach the settlement agreement and continue with the fraud and theft of all the assets from the Pavon Cuellar family, knowing that the evidence Plaintiff has against Defendant and her family is strong, clear and convincing

19)It has also been proven that the only reason Defendant continue to commit perjuries and Fraud and even attempted to violate the Children rights of Sebastian by attempting to change his identity is to disappear from Justice and all her crimes

20)It has also be proven that Defendant by theft withheld the Travel documents of Plaintiff and by fraud the travel documents of Sebastian to make impossible their return to their home, and up to date by theft has kept all personal documents and exempt property of Plaintiff

21)It has also been proven how Defendant in conspiracy with others placed Restrictions against Plaintiff to make impossible for him to obtain travel documents for Sebastian, to further make impossible their return

22)It has also been proven the criminal trespass of Defendant and her family into the Plaintiff home to steal all his personal property, but also suspects of the trespassing of defendant family into Plaintiff elderly parents to steal records used for fraud by Defendant in Texas

23)It has also been proven Plaintiff never abducted Sebastian

24)It has also been proven A settlement agreement was reached by all attorneys in both sides, by all of Samantha’s family and also by Samantha and for the sole purpose to have due process and keep Sebastian under maximum protection , under mutual custody

25)It has also been proven Defendant requested a DNA, and therefore Plaintiff no longer believes to be his child

26)It has also been proven Defendant violated the Laws of Mexico, the United States and also England

27)It has also been proven the relationship of Defendant with the Police detective to make false warrants against plaintiff and even working in conspiracy fabricating evidence from the home of the Police Detective to be used Court to obtain Millions by fraud

28)Defendant in conspiracy with others kept all proceedings secret, It has also been proven no legal service was ever made to plaintiff

29)It has also been proven the false warrants against Plaintiff

30)It has also been proven Defendant holds illegally and by theft all personal documents of Plaintiff and even his homestead up to date

31)It has also been proven Plaintiff never abducted his son, and in fact did all he could to return to his home after defendant did not arrive as she said she would

32)It has also been proven how Defendant manipulated Governments, courts and even FBI for her own gains, and committing over 30 crimes

33)It has also been proven Defendant has purposely refused any resolution to not lose the profits they obtained by theft and fraud

34)Plaintiff has requested several mediations to end the conflict in the best interest of all, but especially the child, but Defendant refuses up to date

35)It has been proven Plaintiff took excellent care of the child, protected him above all, and in fact, thanks to the actions of the father the child had medical attention, a home, he was sheltered from all the harm of the mother, he received medical attention just in time for his severe ear infections caused by the neglect of the mother. IT has also been proven by photos and physical evidence that in fact, the child was happy, healthy and perfectly cared for while under the care of the father.

36)It has also been proven that the neglect and abuse of the mother cause the child irreparable harm, a grave harm that is in fact forever and irreversible, even with photo evidence

37)It has been proven to the court the modus operandi of the Lowry family, to make sure due process does not take place.

38)In fact, there is no disadvantages for the child to be return to Mexico, the opposite, is the legal remedy that brings into maximum safety the child, but also the only way for this conflict to start been resolved, but also the only way for due process to take place, but also for Samantha and her family to not go to jail, but also because it is the law, the legal way and what was agreed by the parties and their counsels. Is the respect for the Law, for the rights of the Pavon Cuellar family.

39)It has been proven that the maximum safety of the child is under the protection of the father.

Only the return of Sebastian will grant due process to protect his rights

Only the return of Sebastian will stop the Human, Civil, Constitutional and Children rights violations

Only the return of Sebastian will stop the criminal acts of the Lowry family and the harm against Sebastian

Only the return of Sebastian will abide by the Hague Convention Treaty

Only the return of Sebastian will protect his rights, safety and protection

And in fact, in the best interest of Sebastian, there is nothing at all that should stop such return

The Signed Documents of Exhibit Z 1 has been sent by Mail

JUNE 11, 2009