Falsely charged of (US) Parental Kidnapping, and now arrested in Bulgaria

[czhower]

Summary
My ex-wife has convinced the FBI to indict me using false information and have me extradited from Bulgaria to the US on kidnapping charges.  I need your help in raising awareness of this issue. Here's a short summary of what has happened.

In 1995 my ex-wife (Nancy Oberlander) and I moved to Tennessee (TN).In 1996 my son Aarys was born in TN. In 2001 his mother and I separated in TN and I left the United States. The divorce was finalized in 2002,and she lived in TN until late 2004.

In 2004 under order not to leave the state of TN without first appearing before the court,Nancy left and did not provide any forwarding address. It took me several months to track her down. I found her living in PA. I called the FBI at that time, and they said they did not get involved in such matters.

We had various custody hearings in both PA and TN in which the mother was repeatedly found in contempt of court and in violation of orders. TN awarded me full custody in Aug 2005 which allowed me unrestricted international travel with Aarys, and for summer visitations with his mother in Pennsylvania (PA).

In summer 2006 I sent Aarys to visit with his mother. Less than two weeks before the end of summer visitation, she filed for emergency custody in PA and said that she did not intend to return Aarys to me. A judge in PA issued a specific order ordering her to put him on the plane as scheduled and enforcing the TN order. The judge then set a date fora later hearing. In Oct and Nov 2006 a judge in PA, violated the UCCJEA laws and took jurisdiction over the case based on the fact that the Aarys's grandparents and mother now live in PA.

I have not lived in PA since 1995, and lived in TN from 1995-2001. Aarys has never lived in PA for more than 6 months legally as the UCCJEA requires. In these later hearings, he awarded the mother temporary custody. However TN continues to exert jurisdiction, and stated that they hold jurisdiction until the child is 18 even with full knowledge of PA's interference.

In2007 TN revoked her ability to apply for a passport for non payment of child support. In 2008 she appealed, and lost. During this appeal, she said she needed the passport to "go get him". When asked she declined to say what "get" or who "him" was (ie, myself or Aarys).
Sometime in early 2008, Nancy filed the PA orders with The National Center for Missing and Exploited Children (NCMEC), but failed to inform them of the TN orders. She also stated that I kidnapped him. NCMEC listed him as a missing child. My attorney sent them this letter (please read) explaining the situation, but NCMEC failed to respond.

Arrest in Bulgaria

In2009 she contacted the FBI and asked them to charge me with International Parental Kidnapping. In May 2009, in a secret court hearing charges were filed against me and I was indicted. The indictment says that in Nov 2006 I took Aarys out of the US. However, the last time I was in the US was in early 2006 for one week in Seattle. Despite the fact that the FBI knowingly gave false information and that my passport can prove I was elsewhere at the time, they indicted me in a secret hearing. Even the evidence used against me is sealed and my attorneys are not allowed to examine it.

In Oct 2009 I traveled to Bulgaria and was arrested by Interpol. Now the FBI is trying to extradite me. Since that time the FBI and Embassy staff in various countries has threatened our friends, and intimidated local police to try to act without local court proceedings. I initially volunteered to return to the US voluntarily, but changed my mind when it became apparent that I likely would not receive a fair trial and could face up to 3 years in prison for something I did not do.

Since the initial press release by the FBI, somehow their accusations have magically changed.If they can make such false accusations and change them as they please by no longer saying I kidnapped him in late 2006, what else might they accuse me of in an effort to extradite me? In fact I would not be the first. A British man Alex Stone- a blind man - was extradited to the US on false charges, spent 6months in prison, then was released without charges or even an apology.

After being detained in a detention center in Bulgaria for 2 weeks, I was released on Oct 27, 2009. I must remain in Bulgaria for up to 40 days awaiting the next court hearing.


Simple Solution
Avery simple solution exists. Resolve the jurisdictional conflict and return to the TN order, which was the only valid order. Nancy must give us a phone number and address, and I will set up a US based telephone number that she can use to reach Aarys. This has always been the goal and offer.However the FBI and Federal Prosecutor are not interested in this. In fact they have stated that they are not interested in actually solving any of the issues, but only interested in extraditing me and charging me, with up to 3 years in prison. Even if they succeed, their actions do not address retrieval of Aarys or solve any of the issues.

If Aarys returns to Nancy, I cannot charge her with "International" Parental Kidnapping, because she lives in the US, and the FBI will say it is a"state problem". My goal has never been exclusive control of Aarys, and repeatedly I have tried to make sure he spends time with both parents.The TN judge however knows the situation and summed it up well in a court opinion: "This court is convinced that this woman will never adhere to the orders of any court that provides this man an opportunity to spend time with his child."

More information - including all court cases and transcripts at:

http://www.KudzuWorld.com/help

Please at a minimum help me spread the word. Our goal is for it to eventually reach some people who can help. I already have lawyers, but its very expensive and we need more than legal help.