Update March 2009
I got my "final" outcome on 2/11/09 and was given word that I was victorious. No more appeals, no more court. But, my ex-wife is now hiding with my son in defiance of the Turkish Supreme Court, with no legal recourse left. To bring my son home and write a happy ending I need the American State Department to constantly monitor the situation in Turkey and press the authorities over there to Enforce this Supreme Court ruling and FIND MY SON.
First and foremost my thanks to all of you who have been following Khan’s case and the support you have offered.
As you know from prior updates I won the decision in the lower court just about 1 year ago. My ex-wife appealed the decision to the Supreme Court of Turkey. It took many months for the Court to find time for our case. Finally, a trial was scheduled for 10/14/08 in Ankara,Turkey.
My opposition, as usual, tried to defame me and call into doubt my character. And, as is "our" usual course my lawyer Serdar Kelahmet kept the proceedings fact based. It was very intimidating to be before 5 judges and have no interpreter present (the high court doesn't allow interpreters). I got a good feeling however, by watching the faces of the judges and their body language. After about 15-20 minutes the whole thing was over.
Khan came to court with his mother and nanny, sadly he didn't seem to notice me in the hallway when he was hustled past me. After the proceedings my lawyer and Fatih Sisli from the American Embassy were able to arrange a short visit with Khan. I got to play with him on a strip of grass for about 20 minutes with about 6 people watching me. Among the watchers was my ex-wife's bodyguard, who was there in case I tried to kidnap my son back. Khan didn't treat me like a stranger, but was rather distant from me. Clearly the months she had denied me access to my son had taken a toll on the very close bond we have always shared. My ex-wife insisted that my lawyer and the embassy representative leave. When I refused to dismiss them, the opposition decided my visit was over. As much as it hurt to see the visit end so soon, it simply would not have been safe for me to be left alone with my ex, her bodyguard, lawyers, and nanny. I could not afford to give her any opportunity to misrepresent me. It was the first time I was able to see Khan in 10 months and I was bullied out of my right to visit my own child.
The Supreme Court ruled in my favor about 3 weeks after the trial. The legal system in Turkey provides the right to a “procedural appeal” after a Supreme Court ruling. Needless to say my ex took advantage of it at the last possible moment. The days slowly passed while I waited for the "final" outcome, on 2/11/09 I was given word that I was victorious!
Since that time Serdar has contacted my ex-wife's lawyers who amazingly enough, have no idea where she is. In fact, they haven't spoken to her since October 2008. Khan's return now hinges on the Turkish Courts' Prosecutor taking action to enforce this legal order and their law enforcement officers ability to locate my son.
AKA comments:
What is needed now is easier to give, but often harder to get than money. This Dad needs your support, this site receives thousands of hits, if each person took just a few minutes to look up and email their representative even the simplest note "where is Khan Lagemann, abducted from N.J to Turkey", We would succeed in applying the needed pressure to assure that the Turkish authorities begin to put their full effort into resolving this case.
To help John find his son please contact your state Representative, seeking an official inquiry into The Hague case of John & Khan Lagemann. Specifically ask for the inquiry to obtain information from the prosecutor's office in Turkey as to where this case stands. We need to hear what is happening with the enforcement of the "legal order" to find Khan. Your representative will forward your request through the appropriate agencies to reach the American Embassy in Turkey who will in turn contact the Turkish Prosecutor handling this case.
This case still stands, as a father's ongoing effort to bring his son home. This court decision would be a victory, but John has not won until his son is home with him where he belongs, as both the U.S Courts and Turkish Supreme Court have ruled. This is not just his story and battle, but is also an international incident. This is a story of a signed international treaty yet to be fully enforced, due to complete defiance by John's ex wife of the legal authority and court orders of two nations. In order to bring this story to its just and happy conclusion we must rely on a foreign government standing behind its signature on an international treaty, on our government representatives standing behind our citizens in the courts of a foreign land, and we rely on friends, family, and fellow Americans like YOU standing together with their support.
This story will not be over until Khan is home, orders from both the U.S court and Turkish Supreme Court state he should be with his father. But, WHERE IS KHAN? Please ask your state representative, your congressional representative, your president. Please ask the United States of America where is its 4-year-old citizen? Please ask the Turkish government "Where is Khan Lagemann?".