For French-speaking Switzerland
Jean-Claude LÜTHI
Chemin. des Manons 2C 1218 Gd-SACONNEX (Genève) Suisse T+Fax+VTX: 4122. 788 6711 E-mail: geojc@dial.eunet.ch
BORN ON 6 JUNE 1990
FRENCH AND AUSTRALIAN CITIZEN
RESIDENCE LUZERN, SWITZERLAND
********
KIDNAPPED BY HIS FATHER
Hubert Mathieu JENNY
born on 17 January 1963 in France ( Australian and French citizen)Would you believe this man could do such a crime?
BACKGROUND
It's a well-known fact that when a couple from two different countries or cultures divorce, the one who must submit to the juridiction often feels at a great disadvantage. The strong feeling that his or her rights as a parent have not been respected as they should have been, pushes that person towards a rejection of everyone and everything having to do with this juridiction. Whether or not that person admits to any faults, he or she rejects the decision of the court and considers himself or herself to be its victim.
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THE FACTS:
1. The mother Nelly Lim an Australian and French citizen and residing in Luzern , Switzerland is married to a Swiss national. The child Nicolas, attends school at Grabenhof primary in Luzern. After a couple of correspondence with the child's grandparents Evelyn and Bernard Jenny of 13 rue du SGT Capmas Bayonne, France the mother sent the child to visit his grandparents for his school holidays on the 4th of October 1999. In the email of Nicolas' grandmother, she wrote "C'est domage mais il mangue toujours quelqu'un, cette fois ce sera encore Hubert" She tried calling Almaty, Kazakstan where Hubert Jenny was living with his Thai wife but to no avail.Hubert got married according to Thai law in Bangkok in 1999 before divorcing. She contacted Precision Resources (the company he was working for at the time of divorce settlement) but was told that he has resigned in April 1999.
2. After Nicolasí arrival in France Nelly received a fax from Hubert asking her to read her email informing her that Nicolas must reside with him until further order and the divorce settlement made in Perth, Australia on 24th June 1999 was suspended. She was shocked beyond words as she did not receive any court papers informing her of this matter. The court papers were served to her old email address of Australia but at the same time Hubert corresponded with her on the new email address. He has lead the court to believe that he had no knowledge of them residing in Switzerland.
3. Nelly's husband and her drove to Bayonne from Luzern on the 8th October 1999 to discuss with Hubert. On seeing them at the gate of the house, Nicolas gestured to them to leave. Hubert came out, ordered Nicolas to enter the house,shouted at them to talk to his lawyer and lock the door.Nicolas told her later on the phone that if he were to follow them back to Switzerland the mother would go to jail. It was Hubertís wishes that they should let the Australian judicial system handle this matter.
4. They went back to the Sydney Family Court in Australia while Hubert and Nicolas were still in Bayonne. On 12 November 1999 in Sydney Family Court the mother presented her affidavit showing proof that Hubert has cheated and mislead the court. Hubertís lawyers informed the court that Hubert will be leaving for Bangkok on the 18th of November 1999. The court ordered that until the 17 November 1999 Nicolas is to have phone contact with Nelly and not to be removed to Thailand.
5.On 16th November Nelly received a copy of his email to his lawyer stating " I cannot wait any longer as I have been instructed by my company to start in Bangkok.." On the hearing of the 17 November 1999 the Sydney Family Court ordered that Nicolas must be returned to the mother in Switzerland and the interim decision made on 26 August 1999 was vacated and the Divorce Settlement (Consent Orders made on 24 June) reinstated.
6. Hubert then decided to appeal to the court. The Review was heard on 8 December 1999 and was dismissed. It was stated in court "...the affidavit of 18 August ( from the husband) was no longer accurate. If the communication of 20 August 1999 from the wife had been before the court I very much doubt whether the interim ex parte order would have been made." (Her Honour Justice Lawrie).The mother made an oral application for a Recovery Order but was dismissed with the following reasons given by Her Honour Justice Lawrie "for a Recovery Order. Such an order would in my view be symbolic at this point since the child is not in the jurisdiction and there appears to be no plan for the father to bring the child to the jurisdiction."
7. Nelly telephoned 9 international schools in Bangkok on 1st December 1999 but could not locate Nicolas. She found out the name of the company where Hubert is working after hours and hours of research and hundreds of phone calls made each day.
8. On 13 December the husband of Nelly telephoned Hubert in Bangkok to discuss with him on his plans in returning Nicolas to Switzerland since he has also lost in the court appeal. Hubert insisted that the Australian Family Court is incompetent and even if he would like to follow the Australian law, it is school holidays in Australia now and he has all the right to keep Nicolas. He also mentionned that the court has dismissed Nelly's application for a Recovery Order. He added that he would sent Nicolas if she managed to obtain a Recovery Order. Hubert also suggested that Nicolas calls Nelly's husband and say in his own words that he would like to live with his father. Nelly's husband replied ì you wanted the judge to decide and now since the court is against you, you like to settle it your way.î Hubert threatened to leave Bangkok if Nelly continues with her activities of informing his Swiss employer.
9. On the 23th December 1999 Nelly's written application for Recovery Order is dismissed as according to the Judicial Registrar he was concerned about the Australian aurthorities jurisdiction to act. Furthermore Hubertís solicitors indicated that Hubert has no intention to return to Australia and therefore has no intention to follow the Australian court orders anymore.
10. Prior to the courtís hearing of 23rd December 99 Nicolas called Nelly's husband on his mobile at 6.45pm (00.45am in Bangkok) telling him in a very unsure manner that he has changed his mind a little bit.Hubert has been working on giving last minute information prior to court hearing. He gave Nelly a mobile contact number an hour before the hearing in Sydney but the mobilephone number is not valid until today. During the conversation, Nelly's husband asked Nicolas if he could give the phone number so his mother could contact him in Bangkok, he answered words to the effect "Papa says I cannot give the phone number. He does not want me to talk to Maman."
11. Till date, the mother has no contact with Nicolas and do not know his whereabouts. Unfortunately, Thailand is not under the Hague Convention and letters have been written to the Thai Interpol by Ms Carla Schmidt of the Office of Justice Switzerland but has not received any response.
12. The federal police at the Australian Embassy has not received any reply from the Thai authorities on the whereabout of Nicolas. The Thai authorities would usually take 3 months to track down a person.
This is a modern form of torture, the effects of which, while not comparable to physical torture, are nonetheless devastating, immediately and in the long term, to the child's development. Nelly knows that Hubert is putting Nicolas under surveillance as he told Nelly's husband they he is afraid that she would organize with her family in Malaysia to take Nicolas away. How could Nicolas live like a normal child if his father is always telling him to be on th alert of his mother coming to get him?
Why is Hubert so afraid? He knows he is in a country not bound by the Hague Convention.How long does he intend to be a fugitive in the eyes of the law? Since he has decided not to be an Australian, does this mean that he is going to give up his French nationality too as France is in the contracting state of Hague Convention?
Nicolas should be the priority. How long can Hubert stop Nicolas from talking or seeing his mother again? A mother and a child is bound by love which no one in the world could take away. How could Hubert take the law into his own hands?
Studies of Parental Alienation Syndrome(PAS) have established the severity of psychological damage done to abducted children, suddenly separated from one parent especially in the case of Nicolas who has a very close relationship with his mother since his father lost interest in the child when he was involved in an office scandal with Tubemakers of Australia in Bangkok in 1996. PAS Syndrome is very similar to the ìStockholm Syndromeî when hostages start to identify with their captors. In the case of abducted child the identification will be stronger due to the age of the ìhostageî and the childs relationship with the ìcaptorî.For fear of losing the abducting parent as well, the child will only be eager to please the captor.(Hearing before the Committee on the Rights of the Child United Nations Organization-Geneva-Switzerland.)
Nelly wrote to the company on 8 December 1999 in order to obtain information on the whereabout of Nicolas Jenny. She was given the address and telephone number of Hubert Jenny's office in Bangkok but she was not informed of their place of residence nor the home phone number by the office in Nyon, Switzerland. She wrote to the swiss company again to enquire the name of the International school in Bangkok as she knew that in Hubertís expartriate contract, the company will be paying for the child's education. She received a reply informing her that the swiss company does not know the name of the school as they paid the fees directly to Hubert. This is a very unprofessional manner of this company as all companies would have a control over payments made by their staff especially in a foreign country where receipts could be issued without any proof. Nelly lived almost 2 years in Bangkok and has seen the way how receipts were forged in order to make claims.
Hubert Jenny has moved 12 cities in the last 12 years of his life and Bangkok is now his 13th city since Nelly met him 13 years ago. He is a very unstable man with several nervous break down when he could no longer handle the work pressure and therefore tried to change job at all times or to move countries.
How could an international company helps a kidnapper by refraining from giving information? This is a collabaration with a kidnapper who has the capability to influence people into believing every word he says. Hubert's motto has always been "Believe in what you intend to say first before you could get someone to believe you".
Any useful information can be communicated to the Swiss Movement Against Kidnapping Kids at the address at the top of this page or by e-mail: geojc@dial.eunet.ch
or directly to the mother:
Nelly Lim - Kapellplatz 2 - Luzern 6004 Switzerland Tel :+41 41 4107550 or email on limnelly@hotmail.com
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Pour la Suisse romande Jean-Claude LÜTHI
Ch. des Manons 2C 1218 Gd-SACONNEX (Genève) Suisse T+Fax+VTX: 4122. 788 6711 E-mail: geojc@dial.eunet.ch