Jorge Capell de Cuatro Casas, Gonçalves Pereira

Julio – Septiembre 2008

Contentious Divorce Hearing 1143/2007

At least after Señor González de Alcalá ’s Machiavellan manipulations, friends and neighbors started believing that behind his caring and concerned façade for his “poor wife” with so many “emotional problems” lay a very disturbed man. I also learned during this time from friends to what point my ex-husband had been obsessively carrying out a campaign of defamation against me, within Villafranca, his family, BBVA and friends around the world.

As already indicated the tactic most used by abusers is the defemation of their victims with allegations of psychological problems, or alcohol and drug abuse. Once again it should be noted that how societies are so easily manipulated by their antiquated prejudices and ideas about women as mentally weak and hysterical. It shows that with nothing more than a match and a lot of manure, one can produce a lot of smoke!

Psychologist like Daniel Goleman in Emotional Intelligence and Social , Intelligence and psychiatrists like Justin Frank, Phd in Bush on the Couch, explain and explore the mind of the narcissist/psychopath and how they manage to manipulate others, with nothing more than fervent rhetoric, as well as the bio-chemical reaction which reward and reinforce sadistic behavior (see Domestic Abuse and Discrimination Against Women – Violations of Human, Civil and constitutional Rights p. 110-141).

It should be note that contrary to antiquated norms and beliefs, domestic abuse is not about the physical violence. It is about power and control, the physical violence erupts when the abuser loses that control, and why abuse increase during and after divorce. As stated in the following:

UNDERSTANDING THE BATTERER IN CUSTODY AND VISITATION DISPUTES

by R. Lundy Bancroft,  c 1998

…The batterer is controlling; he insists on having the last word in arguments and decision making, he may control how the family’s money is spent, and he may make rules for the victim about her movements and personal contacts, such as forbidding her to use the telephone or to see certain friends.

He is entitled; he considers himself to have special rights and privileges not applicable to other family members. He believes that his needs should be at the center of the family’s agenda, and that everyone should focus on keeping him happy…He usually believes that housework and childcare should be done for him, and that any contributions he makes to those efforts should earn him special appreciation and deference. He is highly demanding.

He is disrespectful; he considers his partner less competent, sensitive, and intelligent than he is, often treating her as though she were an inanimate object. He communicates his sense of superiority around the house in various ways.

The unifying principle is his attitude of ownership. The batterer believes that once you are in a committed relationship with him, you belong to him. This possessiveness in batterers is the reason why killings of battered women so commonly happen when victims are attempting to leave the relationship; a batterer does not believe that his partner has the right to end a relationship until he is ready to end it…

…Battering is a learned behavior, with its roots in attitudes and belief-systems that are reinforced by the batterer’s social world. The problem is specifically linked to how the abuser formulates the concepts of relationship and family; in other words, within those realms he believes in his right to have his needs come first, and to be in control of the conduct (and often even of the feelings) of others. A recent research study showed that two factors, the belief that battering is justified and the presence of peers who support abusiveness, are the single greatest predictors of which men will batter; these two had a considerably greater impact than whether or not the man was exposed to domestic violence as a child (Silverman and Williamson)…

….An abuser’s desire for control intensifies as he senses the relationship slipping away from him. He focuses on the debt he feels his victim owes him, and his outrage at her growing independence. (This dynamic is often misread as evidence that batterers have an inordinate “fear of abandonment.”) He is likely to increase his level of intimidation and manipulation at this point; he may, for example, promise to change while simultaneously frightening his victim including using threats to take custody of the children legally or by kidnapping.

Those abusers who accept the end of the relationship can still be dangerous to their victims and children, because of their determination to maintain control over their children and to punish their victims for perceived transgressions. They are also, as we will see later, much more likely than non-batterers to be abusive physically, sexually, and psychologically to their children….

The propensity of a batterer to see his partner as a personal possession commonly extends to his children, helping to explain the overlap between battering and child abuse…

Court personnel and other service providers look skeptically at allegations of abuse that arise during custody and visitation battles. Batterers try to feed these doubts by saying, “She never said I was abusive before; she’s just using this accusation to get the upper hand.” In fact, there is no evidence that false allegations rise substantially at this time, and there are many reasons why an abused woman may not have made prior reports. Judges, mediators, and court investigators need to take each allegation on its own terms and examine the evidence without assumptions about the timing.

It is not at all uncommon for a battered woman to tell no one about the abuse prior to separation because of her shame, fear, and desire to help the abuser change. Many victims quietly hope that ending the relationship will solve the problem, a myth that most professionals share; when she discovers that his abuse is continuing or even escalating after separation, she finds herself forced to discuss the history of abuse in hopes of protecting herself and her children. It is not uncommon for an abuser to be more frightening after separation than he was before, and to increase his manipulation and psychological abuse of the children, for reasons covered above…

Finally, because an abuser creates a pervasive atmosphere of crisis in his home, victims and children have difficulty naming or describing what is happening to them until they get respite from the fear and anxiety…Batterers can use any misunderstanding of this process to gain sympathy from evaluators.

Lundy Bancroft identifies an important element in understanding psychological abuse and the effects on victims; “creating an atmosphere of crisis, chaos and anarchy” is very important in the success of the abuser in controlling his victim. A continual and perpetual state of chaos by abusers, and then the perpetuation of this chaos by judicial systems, has been the most emotionally draining and stressful of all.

My neighbors offered me practical and financial assistance in procuring yet another lawyer, Senor Jorge Capell of Cuatro Casas, Gonçalves Pereira in Madrid; a friend of a neighbor. In the following months, Senor Capell also failed to defend my interests. Upon entering the first meeting with him, I learned he had obtained custody of his sons and I could not help asking myself if he had been involved in the same type of manipulations during his divorce with his ex wife. It is demonstrated that abusers are much more likely to seek custody of their children, and are successful 70% of the time, with statistics much higher amongst those who work within judicial systems.

His negligence was as follows:

Senor Capell informed me that a specialized court on domestic abuse existed in Mostoles, but failed to initiate a transfer of my divorce proceedings, in violation of art. 9, 10 and 14 of the Constitucion Espanola; art. 4, 11 and 13 of the CODIGO DEONTOLÓGICO, 658/2001, de 22 de junio; art. 1094, 1097 of the civil code; art. 10, 11, 22 and 512 of the penal code; art. 4 and 6 of the Equality Act; art. 3 and 4 Declaracion sobre la eliminacion de violencia contra la mujer; art. 4 and 6 annex of the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power.

When I insisted that we present drug tests as part of my defense Senor Capell told me that drug-testing does not exist. Anyone who owns a television, or reads has read a tabloid knows this is completely false.

With all of the accusations from Señor González de Alcalá , the accusations of Senora Garcia Martin of my “strange behavior”, the removal of the custody of my children, introduction of drug-test was well merited, as was an explanation to the judge of the circumstances surrounding these events. However, Senor Capell never offered any explanation or even attempted to broach the subject in his oral defense during the trial, nor in his written response to the courts. His “omission” to address these issues in effect, inferred that I was an alcoholic, drug-addict, and/or psychotic, and in violation of art. 9, 10 and 14 of the Constitucion Espanola; art. 4, 11 and 13 of the CODIGO DEONTOLÓGICO, 658/2001, de 22 de junio; art. 1094, 1097 of the civil code; art. 10, 11, 22 and 512 of the penal code;

• He did not appeal the decision of Senora Pilar Sandana Cuesta in regards to her intervies with my children that was clearly discriminatory against me and favored Señor González de Alcalá  (see below the discriminatory interviews with the “minors” below)[i], and in violation of art. 9, 10 and 14 of the Spanish Constitution; art. 4, 11 and 13 of the CODIGO DEONTOLÓGICO, 658/2001, de 22 de junio; art.1094, 1097 of the civil code; art.10, 11, 22 and 512 of the penal code; and art. 2, 3, 5, 8, 9 and 12 of the Rights of the Child.
• He did not inform my forensic psychiatrist as to the date and time of the divorce hearing. I was only by chance that I called the doctor 3 days before the hearing, and he was shocked, saying he knew nothing about the upcoming hearing, and would not have time to properly prepare his reports. His testimony and various articles that I wrote in 2006 (published on www.global-expats.com ) clearly demonstrated the abuse of Señor González de Alcalá  and and his family. Dr. Orengo’s testimony (vea document #5) was essential to my defense and failure to have presented his oral as well as written testimony to the courts would have left me WITH ABSOLUTELY NO DEFENSE against the accusations of Señor González de Alcalá , in violation of art. 9, 10 and 14 of the Constitucion Espanola; and art. 4, 11 and 13 of the CODIGO DEONTOLÓGICO, 658/2001, de 22 de junio; art. 1094, 1097 of the civil code; art.10, 11, 22 and 512of the penal code.

Senor Jorge Capell admitted to me in writing (in an email) that he never even received a copy of the psico-social teams report that was extremely defamatory and discriminatory against me, and favored Señor González de Alcalá . It was extremely important to completely repudiate and rebut this report accusation-by-accusation in the oral hearing as well as the written contestation, but Senor Capell did not even take the time to read it, in violation of art. 9, 10 and 14 of the Constitucion Espanola; art. 4, 11 and 13 of the CODIGO DEONTOLÓGICO, 658/2001, de 22 de junio; art. 1094 and 1097 of the civil code; art. 10, 11, 22 and 512 of the penal code.

• In march my court-appointed lawyer,  Señor José Manuel Hernández Jiménez, had refused to introduce testimonies from Astrid Betancourt (sister of Ingrid Betancourt, Colombian presidential candidate and FARC captive) (vea documento #3), and the testimony of another long time friend and psychiatrist, Doctora Piedad Rojas Gil, documenting not only my excellence as a mother and person, as well as my preoccupation for my security and the defamation of character campaign that Senor Gonzlaez de Alcala was waging against me, that was completely without any base or veracity (vea documento #2). Señor Capell told me he would introduce these letters into my defense during the divorce hearing, but did not introduce them during the verbal hearing or as part of his contestacion in writing, in violation of art. 9, 10 and 14 of the Spanish Constitution; art. 4, 11 and 13 of the CODIGO DEONTOLÓGICO, 658/2001, de 22 de junio; art.1094 and 1097 of the civil code; art.10, 11, 22 and 512 of the penal code
• The judge refused to permit the introduction of the testimonies of my neighbors and friends during the verbal hearing, but Senor Capell did not protest to this as violation of my rights, nor did Senor Capell introduce any testimony from them during his written contestacionin violation of art. 9, 10 and 14 of the Constitucion Espanola; art. 4, 11 and 13 of the CODIGO DEONTOLÓGICO, 658/2001, de 22 de junio; art.1094 and 1097 of the civil code; art.10, 11, 22 and 512 of the penal code
• Failed to initiate liquidation of my assets according to proper judicial procedure.  As previously stated the fact that in 4 years no lawyer has been able to access any of my assets or file a simple petition through the courts in order that I might obtain complete financial records during my marriage defies the imagination. Either procedural laws in Spain regarding women’s access to financial records have not progressed since the time of Franco or my lawyers have consistently been criminally negligent, in violation of art. 9, 10, 14 and 33.3 of the Constitucion Espanola; art. 4, 11 and 13 of the CODIGO DEONTOLÓGICO, 658/2001, de 22 de junio; art.1094, 1097 of the civil code; art.10, 11, 22 and 512 of the penal code

Refused, per my instructions, to appeal the divorce decree which awarded full custody of my children to my ex-husband, in effect declared me a drug-addict, alcoholic, and paranoid schizophrenic with effectively no visitation rights with my children, and a financial settlement in which I WAS TO PAY MY EX-HUSBAND €1.546/month (€18.552/year), with no revenues with which to do so.

From the beginning I was very clear that if I did not receive custody of my children I would appeal the decision. Senor Capell refused to appeal the decision and when I insisted, he sent me a bill for €5.800 (in addition to the initial deposit €3.000), indicating that he would not continue with any action until I sent him the money. (vea documento #8), in violation of art. 9, 10 and 14 of the Constitucion Espanola; art. 4, 11 and 13 of the CODIGO DEONTOLÓGICO, 658/2001, de 22 de junio; art.1094, 1097 of the civil code; art.10, 11, 22 and 512 of the penal code

Además, me mandó este email el 14 noviembre 2008 proponiendo dicho apelación, cuando el recibió la sentencia el 5 noviembre 2008 con 5 días para recurrirlo (vea documento #8B).  Mismo, si yo he podido conseguir el dinero and pagarlo, el tiempo de apelación ya estaba vencido. ¿Es posible que Señor Capell no sabe que no se puede apelar una sentencia después del tiempo acordado por el tribunal; una cosa tan básica sobre procesos judiciales? (art. 448 del ley de Enjuiciamiento civil).

The fact that Mr. Capell refused to appeal the divorce decision assured that:

• I could never recuperate the custody of my children, or hardly ever see them
• The facts of my case, and violations of my rights would never be examined by another tribunal
• Condemned me to alimony that depreciated my years of dedication and sacrifice to my family, forcing me to leave Spain and my children in order to look for a job
• There exists a court decision, based on lies and perjury, which attack my character, honor and dignity.

Whether or not the failure of Señor Capell to protect my rights and interests were intentional, or not is of no important under the principle of due diligence. His acts, or omissions of acts, resulted in discrimination against me, defamation of my character, emotional pain and suffering, and financial damages to my personal assets as well as failure to produce revenues during four years for www.global-expats.com and Global Expats.

The level of professional negligence and the failure to act in the interest of his client is very troublesome when one considers that Senor Capell handles very complex and important cases of international commerce and finance for multinationals and important clients with large sums of money at stake. Any negligence on his part in relation to these cases could have very serious consequences for clients of Cuatro Casas, Gonçalves Pereira as well as international trade agreements. His inability to manage a simple divorce and petition a subpoena for financial records, which cover a few bank accounts (domiciled in Spain) should be very worrisome for potential clients of Cuatro Casas, Gonçalves Pereira.

The negligence on the part of Senor Capell to defend me, my interests and those of my children are in violation of art. 1, 9, 10, 14, 18, 24, 32 and 33 of the Spanish Constitution; art. 3, 4, 6, 8, 9, 10, 11, 12 and 14 the Equality Act 3/2007; art. 11, 110, 173, 195, 208, 250, 450, 451, 465, 467 and 512 of the penal code;  art. 1089, 1091, 1098, 1101, 1107, 1254, 1256, 1258, 1278, 1365, 1369 and 1375 del civil code;  and art. 3 and 13 de CODIGO DEONTOLÓGICO, 658/2001, de 22 de junio; art. 17, 23 and 26 dthe International Convention on the Civil and Political Rights; art. 6, 7, 10 and 11 of the International Convention on Economic, Social and Cultural Rights, inter alia. 

Also, his acts, and/or omissions of acts, produced a financial responsibility, of Senor Capell as well as Cuatro Casas, Gonçalves Pereira, for damages incurred under art. 110, 111, 112, 113, 116, 117 and 120 of the penal code; art. 1098, 1101 and 1102 of the civil code; art. 9 of the Equality Act 3/2007; art. 8 annex Declaration of the Basic Principles of Justice of the Victims of Abuses of Power.

Discrimination in Alimony and Custody Considerations of 1143/2007

Article 97 of the Spanish civil code states “The spouse to whom the separation or divorce produces an economic imbalance in relation to the position of the other, which involves a worsening of the situation he or she had during the marriage, has a right to maintenance which shall be fixed in the judicial decree, taking into account, among other, the following circumstances:

1a – The agreements that the spouses may have reached.

2a – Their age and state of health.

3a – Professional qualifications and the probabilities of gaining employment.

4a – Past and future dedication to the family.

5a – Collaboration, by his or her own labour, with the commercial, industrial, or professional activities of the other spouse.

6a – The duration of the marriage and their marital life.

7a – The eventual loss of a right to a pension

8a – The wealth and economic means and necessities of both spouses”

9a – The agreements that the spouses may have reached

1a – The agreements that the spouses may have reached

A contractual agreement, after almost 20 years of customary actions and in accord with articles 2 of The Principles of European Contract Law 1999, art 1088, 1019, 1254, 1255, 1256, 1257, 1258, 1262, 1271, 1274, 1278, 1281, 1282, 1283, 1288, 1294 and 1887 of the civil code; art. 3, 4, 5, 6, 8, 10, 11, 12, and 14 the Equality Act 3/2007; art. 2, 3, 4, 5, 6, and 11 of the Convention on Elimination of All Forms of Discrimination Against Women, was that I renounced my career and higher educational opportunities in deference my husband’s employment as an expatriated manager of BBVA. I dedicated my time to the education and personal development of our children, as well as to our home and family. I executed these obligations and duties above and beyond the call of duty (vea documento #2, #3 and #11).

Additionally, after my children entered school, I spent their school hours working in the community, thereby contributing to the family social standing and respectability.  I introduce as evidence relevant portions of my curriculum vitae:

Quenby Wilcox – Volunteer Employment

2005-2007

Global-Expats Foundation and www.global-expats.comMadrid, Spain – Founder

• handled all R&D, administrative duties,  and marketing of Global Expats (see http://worldpulse.com/node/44543 )

1999-2004

Bogotá Accueil (FIAFE) Bogotá, Colombia – Président

• directed the management team and monthly board meetings

• represented the French community of Bogotá at official functions and  Embassies

• organized monthly cultural visits, educational seminars, guided tours of museums and art expositions, dinners and formal functions, parties and manual arts classes for children, and English classes

• organized a conference for Ingrid Betancourt, Colombian Presidential candidate for 2001, within  the French community of Bogotá 

International Group of Bogotá – Bogotá, Colombia – Secretary

• assisted in the formation and development of this cross-cultural group whose mission was to coordinate communication and cooperation between the various expatriate clubs and communities in Bogotá

Niñas de Vera Cruz – Bogotá, Colombia – Volunteer English Teacher in school 

      for abandoned girls

Bogotá Accueil (FIAFE) – Bogotá, Columbia – Membre du Bureau

American Women’s Club of Bogotá (FAWCO)-Bogotá, Colombia- Secretary to

      Board of Directors

Gourmet Chef and Party Organizer

• organized and prepared receptions for up to 200 people as well as conducted cooking demonstrations

Special Projects – El Hogar de Padre Nicolo/niños de la calle de Bogotá, and Fundación Canguro/cuidado de bebes prematuros

In exchange for all of this my husband would assume responsibility for the financial necessities and security of me and my children. Under common property law and Spanish law pertaining to marriage and its dissolution, I had every reason to believe that customs established in regards to childcare and financial maintenance would continue even upon dissolution of our marriage.

It should be noted that under contract and employment law, parties to a contract and/or employees are afforded certain rights in terms of job security, financial compensation, healthcare, favorable working conditions, unemployment benefits, pension, etc.

Under the reasonable person principle, the same considerations should be afforded to unemployed, homemakers. Failure of divorce courts to appreciate the contractual nature of marriage is discriminatory, and relegates homemaking women to a situation of servitude; in violation of art. 4 of the Declaration of Human Rights, and art. 8 of the International Convention on Civil and Political Rights, inter alía.   

2a – Age and state of health

Age–  In Spain it is difficult for a women to compete in the labor market for professional positions in their 20’s and 30’s. However, for a 45 year old woman, reinsertion into the labor force and development of a career at a managerial level is impossible. The contention that I would be able to return to the work force after 20 years, at a comparable salary level of a professional woman who had never left the work force, is discriminatory. It based on the assumption that a woman is not capable of advancing professionally or monetarily within labor markets equal to men and capable of nothing more than menial or clerical work. This is in violation of art. 14 and art. 35 of the Spanish Constitution; art. 3, 4, 5, 6, 8, 10, 11, 12, and 14 of the Equality Act 3/2007; art. 5(a), 5(b), 2 and 11 of the Convention on the Elimination of All Forms of Discrimination Against Women; art. 7 of the International Convention Economic, Social and Cultural Rights.

State of health – The fact that the judicial decisions found me in perfect health when it concerned my possible employment opportunities, but found me incompetent concerning custodial and visitation rights with my children, is contradictory and irrational.

I call attention to the fact that the finding of the court psychologist/social worker as to my “incompetence/paranoia” was based on nothing more than hearsay of Señor González de Alcalá , and completely refuted by Dr. Francisco Orengo. In examination of the contents of my interview with him, contents of letters from Astrid Betancourt and Piedad Rojas, Phd (documento # 2 y3), given to him during our interview (see below,) and reports  from Joaquina Perez (see document #4 –which documents long-standing abuse in our home, and my complaints regarding said abuse) his conclusion finding me paranoid is illogical and clearly biased in favor of Señor González de Alcalá, as a man and Spaniard.

Furthermore, I provided him with the url of my website, www.global-expats.com, indicating that the enormous amount of work that I had been doing on this project was proof that Señor González de Alcalá’s allegations of alcoholism and substance abuse were logically and logistically impossible and nothing more than a guise to obtain custody of my children and benefit monetarily. I also indicated that he could consult several articles that I had written in November 2006, and posted on my website, were more than proof of the long standing abuse at the hands of Señor González de Alcalá  and his family (see ).

It should also be noted that while waiting for the interview in question, when the court psychologist passed by, Señor González de Alcalá stood up, and in the manner in which greeted him was obvious that they knew each other quite well. Whether Señor González de Alcalá’s prior acquaintance with this man was through his cousin, is immaterial and constitutes a “conflict of interest” in their evaluation.

The fact that their evaluation favored Señor González de Alcalá, sanctioning his violence and abuse, and was discriminatory against me as a woman and/or foreigner, is in violation of art. 7, 8, 10, 11, 12, 14, 15, 17, 24, 25 and 44 del Código Deontológico del Psicólogo; art. 1, 9, 10, 14, 15, 18, 24, 39, 53 and 103 of the Spanish Constitution; art. 1088, 1089 and 1094 del código civil; art. 11, 17, 22, 23 con 27, 28/29, 458, 459, 460, 461 and 510 of the penal code; art. 3, 4, 5, 6, 9, 11.1, 13, 14.1, 14.5, 14.6, 14.8, 14.10, 15, 27.2, 27.3b and 27.3d the Equality Act3/2007; art. 1, 2, 3, 4, 5, 11, 15 and 16 del Convenio sobre la eliminación de discriminación contra la mujer; art. 1, 2, 3 and 4 of the Declaration on the Elimination of Violence Against Women; art. 2, 7, 10 del Convenio internacional de derechos económicos, sociales and culturales; art. 2, 3, 17, 23, 26 dthe International Convention on the Civil and Political Rights; art. 2, 3, 5, 8, 9, 10, 16, 18 and 19 del Convenio sobre los derechos del niño art. Annex 1, 2, 5, 6, 14, 16, 18, 19 and 21 del Declaración de principios de justicia por víctimas de crímenes and abusos de poder, inter alía.

The court psicologist and social worker (civil servants of the State under art. 24.2 of the penal code) as well as the State are responsable for damages (monetary and moral) produced by said violations under art. 1101, 1902 and 1903 del código civil; art. 109, 110, 112, 113, 116, 117, 121, 122, 125 and 127 of the penal code; art. 8, 11 and 12a of the Declaración of the Principles of Justice for Victims of the Abuses of Power, inter alía

Questions and Answers During the Interview with the Court Psychologists

“When the court psychologist asked me if I had put bolts on bedroom doors I responded 

“Yes, but it didn’t do any good because he (my ex) has already busted through several in his efforts to attack me. I am not afraid of anyone or anything in this world, but I am not stupid. My husband weighs twice what I do and in a physical fight with him enraged and in a mad fury, I WOULD lose!”

“His grandfather, just before his death, gashed holes in a bedroom door with a kitchen knife in his efforts to kill his grandmother. All of the men in his family, are abusive; they just now wear a suit and tie and abuse their wives behind closed doors, playing the caring, concerned husband in public. My husband’s mother has been in treatment for depression and medicated for the past 15 years, result of the abusive manner su husband and sons treat her.”

The court psychologists also stated in his report that I had once locked my eldest son and myself in my bedroom because I did not want him to go to see a futbol game. First, he never asked me about this episode and second it is completely untrue.

I locked my son and me in my bedroom because my ex-husband was completely crazy with anger and charging up the stairs to attack me. He almost broke through a door in front of which I had bolted down my 200kg+ jewellery press in my anticipation of such outbreaks. I called the police who after 20 minutes, presented themselves at our home and advised me not to denounce my husband. When I showed them all of the damage to my home, they said any judge would just say “It’s his home he can break whatever he wants.” I had taped the entire episode, but no one was interested.  

It was on another occasion my ex husband called the police making a hysterical scene, because I did not want my children going to a bar in Madrid (on a school night) at 10:30 PM to watch a futbol game. Two of the biggest reasons for children’s failure in school is that they are not eating correctly or getting enough sleep at night; just ask any dedicated teacher. I was not being unreasonable; I was just being a good mother and doing my job. It was his behaviour that was unreasonable, irresponsible and “crazy.”

He also asked me about the letter of October 28, 2007 (days before my ex-husband filed for divorce and medias a la previa) that I sent to the American Embassy requesting assistance here in Spain under the Convention of Consular Affairs, as I was receiving no assistance from  Spanish social services. I provided them with a copy of the letter for their files.

The contention that this letter was “proof” of my paranoia on my part is ridiculous. The fact that my husband, thereby the court psychologist, was aware of this letter is PROOF that he has been “cyber-stalking” me. He left our home in September 2007 and had no physical access to my computer or my files, so how would he, and therefore the psychologists know that I had written a letter to the American Embassy, and what the contents of that letter were unless he could access the files in my computer?

I also told them how “my ex-husband was always putting his children (and me) in “dangerous” situations; the worst and most frightening for me was in the jungles of Colombia for a week-end “paseo” to “tierra caliente,” right in the middle of guerrilla territory .” During our marriage there is example after example of his irresponsibility and reckless behaviour, but this psychologist found all of these examples “normal.” 

Once, when my youngest son was two, his father locked him in a totally dark closet as punishment. Luckily, I was present and immediately “liberated” my child saying “Are you crazy?!”

When asked whether I feared for my children’s safety I honestly responded “Yes, he drives like a total maniac and once almost killed several people in a car accident at 270 km (170miles)/hour; permanently losing his French drivers license as consequence. Of course I am concerned when they are in the car with their father”

Additionally, the court psychologist claims that I was “confused” because when asked if I “worked,” I told them that if they wanted to know if I was gainfully employed the answer was no. But, that I had always “worked” first in raising my children and the past few years on a website/association,” producing documents regarding my work.

And, finally when asked if I was remorseful about my having been arrested for driving under the influence, I responded “Sir, I drove a few blocks at 15 km/hour after having had a few glasses of wine at a neighbors birthday party. What I did was illegal, but it was not immoral, infringed on anyone’s rights, or dangerous for anyone. The ones who should be ashamed and remorseful here are my husband, members of his family and anyone else  who have broken more laws than I can count in their efforts to defame me and protect the “image” of my husband as an abuser. Not only what he is doing is illegal, but absolutely amoral. Additionally, if he had to go to such Macchiavello lengths, corrupting policemen, in order to invent “proof” against me, THIS IS PROOF THAT ACCUSATIONS AGAINST ME ARE NOTHING MORE THAN LIES.

As already indicated I presented letters from Piedad Rojas Gil (document #2) and Astrid Betancourt (document #3,) testimony to my character and impeccable integrity, as well as the abuse of my ex-husband, and his obsessive campaign to convince everyone as to his false accusations.

Piedad Rojas Gil, Phd has been a friend of mine since 1998. Not only have I always stayed in touch with her after our living in Bogota, but she stayed for one month at my house in Spain in 2006, while on vacation with her mother and sister. She is also a professor/doctor of psychiatry specializing in therapy of abused and children in difficulty. For many years I have followed her work and research with much interest.

Astrid Betancourt, sister of Ingrid Betancourt, presidential candidate in Colombia (2001,) kidnapped by the guerrilla group FARC 2002-2008, recipient of the French Legion of Honor, and the Concorde Prize of the Prince of Asturias, and activist against political and judicial corruption and for peace.

There are also the reports of our marriage counselor  Joaquina Perez (Documento #4) that documents my complaints of abuse, my intelligence, level-headedness and clarity in evaluating situations, and that the accusations of alcoholism and drug-addiction lack any foundation.

Under the reasonable person principle the testimony of these people should have carried much more weight than that of a Brasilian maid who had a questionable personal relationship with Señor González de Alcalá , some French people of dubious honesty and decency that I hardly knew, a old man in the neighbor who I do not know at all….

The preference and partiality given to the outrageous testimonies of Señor González de Alcalá ’s questionable “witnesses,” against my honorable and distinguished “witnesses” is nothing more than incredible. It shows once again to what point evidence and facts can so easily be disregarded and ignored in judicial considerations.

At the same time, the psychological report of the juzgado finding me paranoid and declaring me a drug-addict was repudiated in the verbal hearing 1143/2007 as well as in the written report of Dr. Orengo, forensic psychiatrist with the following credentials:

M. Medicine and Surgery Degree, Madrid Complutense University (1976).

Specialist in Psychiatry (1984), at the University Complutense of Madrid and University of Mainz, Germany (Annerkennung als Facharzt, Ärztekammer Rheinhessen).

Guest researcher (1989-1990) at the Unit on Dissociative Disorders, National Institute of Mental Health, Bethesda, MD (U.S.A.) Expertise in: Treatment of Trauma based and dissociative disorders and mobbing. Psychotherapy of Physic sequels of domestic violence. General Psychiatric and neuropsychiatric conditions, also derived from neurological and neurosurgical problems.  Psychopharmacology. Forensic Psychiatry. 

Expert works in Spanish, English and German.

Asociaciones a las que pertenece: Presidente de la Sociedad Española de Psicotraumatología and Estrés Traumático (S.E.P.E.T.), www.sepet.org, Sociedad Española de Psiquiatría Legal, Sociedad Española de Neurociencia, Sociedad Española de Vigilia and Sueño, Sociedad Española de Psicoterapia,  International Society for Traumatic Stress Studies, European Society for Traumatic Stress Studies, Fellow member de la International Society for Dissociation.,

His expert forensic psychiatrist’s opinion and found me in perfect mental health and confirmed long-standing abuse from Señor González de Alcalá  vea documento #5. The fact that the judge chose to disqualify his testimony and give preference to the psychologist’s testimony, someone not trained in psychiatric diagnosis or in detecting cases of abuse, over that of a top Anglophone forensic psychiatrist was clearly discriminatory.

The lack of due process, impartiality, prejudice towards paternal prerogative, and discriminatory decisions against women by the psico-social team of the juzgado merits an examination particularly rigorous, as their recommendations become “gospel truth” and are followed 85-88% of the time by judges of family courts, even in cases of testimonies from forensic psychiatrist that documents the contrary

First it should be noted that interviews with psico-social teams of juzgados are not recorded and they are carried out without legal assistance or representation. Also, psychologist and social workers are not trained nor qualified to diagnose psychiatric problems. Under these facts interviews and recommendations of psico-social teams in family courts are in violation of art. 9, 10, 14 and 24 of the Spanish Constitution; art. 3, 4, 6, 8, 11, 12, and 14 the Equality Act3/2007; art. 17, 19, 23, 24 and 26 of the Convention on Civil and Political Rights; art. 3, 10, International Convention on Economic, Social and Cultural Rights; art. 2,3, 5, 11, 13, 15 and 16 of the Convention on the Elimination of All Forms of Discrimination Against Women; art. 2, 3, 5, 6, 7, 9, 10, 12, 14, 16, 18, 19, 27, 29, 33, 34, 35, 36, 37, 38 and 39 of the Convention on the Rights of the Child.

Jurispudence Study on the Impact of PAS in Asturian Courts Institute of Asturian Women

Institute for Women of Asturias Lawyers for Equality

2 The psychosocial report as an absolute truth

… it is important to make a distinction between professionals licensed by forensic clinics, that are licensed and regulated by norms dictated in the Organic Judicial Law and professionals that are members of psycho-social groups, that are not “funcionarial” but employees, lacking a specific status and whose activities are not duly regulated, going further than deontological norms that regulate the activities of psychologists and social work and their criteria of actuation with an obligation of professional ethics. 

But, what is the role of these teams? What capacity do they possess to carry out this role? We have only found “procedural protocol” or “good practice guides” in certain CCAA, but never in any case specific norms, nor a reference to  their professional qualifications of the person within these teams, nor specific knowledge of psychology or social work.

For this reason the work of these profesionals has been polemic. There have been complaints about the work and reports of these psycho-social teams from a variety of sources. The Association of Women Themis Jurists in this jurisprudence on the Law 15/2005 published in 2005, calls to attention the necessity for the creation of regulatory norms for these professionals, psychologists and social workers that advise judges and courts in the course of family procedures.

Calling for norms that regulate tests, especially regarding minor children, disciplinary procedures, comparision with expert opinions, with the same application of norms found in the Law of Civil Judicial Procedures and of course a code of ethics in methods of reporting by technical teams, among other norms the necessity to tape and transcribe interviews.

Also the Defensor of the Pueblo Andaluz in their report in 2008 signaled that “In the daily work of this Defensor of the Pueblo in examining the complaints of gender violence, we have found cases that have violated the rights of women victims (…) These violations are produced in the majority of cases during judicial procedures and on accasions by psycho-social teams during their examinations and who lack training in gender violence and do not have sufficient resources to carry out investigations or inquiries to  understand the conflict between the two parties.”

Once the situation of the psycho-social teams, in relation to this jurisprudence study…

…In all of the cases analyzed, except two (recurso 346/08 –ficha 18; recurso 360/08 –ficha 21), the intervention of psycho-social teams was accepted by the court as an irrefutable conclusion in the reports by the psycho-social teams in 

….En todas las Sentencias analizadas, en las que interviene el equipo psico-social, qualifying them as objective and impartial. The courts consider the techincal teams as such for the simple fact that they have obtained this position.

We can see the appeal 469/05, ficha 8, in which the court affirmed that “one cannot question the legal aptitude of the psycho-technical team of professionals assigned to this court…even if it is only because one or other had passed all of the official exams necessary to obtain such a post.”

Equally in the appeal 368/06, ficha 13, the Court finds the profesionalism and objectivity, saying contextually: “The psychologist and social worker assigned to the Courts of Oviedo, whose qualifications and objectivity, inherent in their post, is not questionable…”  However, it is a fact that one can confirm that a large majority of decisions which are over-turned are based on mala praxis of psycho-social teams assigned to the Courts and their lack of specialization in child psychology, deficiencies in the methodology used in their reports, and in many cases in violation of principles of ethics, breaking deontological codes…

Expert Opinions of the Party

In the twenty cases mentioned, in twelve of them, there does not exist any expert report by parties (recurso 275/03, ficha1; 23/04, ficha 2; 170/04, ficha 3; 434/04, ficha 4; 823/05, ficha 9; 241/06, ficha 11; 397/06, ficha 12; 343/07, ficha 15; 494/07, ficha 16; 452/08, ficha 17; 286/08, ficha 20; 360/08, ficha 21😉 However, in nine of the cases analyzed (Recurso 493/05, ficha 5; Sentencia 81/05, ficha 6; Recurso 364/05, ficha 7; 469/05, ficha 8; 311/06, ficha10; 368/06, ficha 13; 138/07, ficha 14; 221/07, ficha16; 346/08, ficha 18) reports are filed in the process: even though we have been able to observe that they are invalidated, precisely because they are introduced by one of the parties, disqualifying professionals that do their job with the same dedication and objectivity attributed to the technical teams of the Courts. On several occasions the Courts do not consider the reports, in some cases criticizing and throwing them out….

…From the preceding facts we can conclude that in 85% of cases studied where there have been the intervention of psycho-social teams or a expert psychologist assigned by the courts, the Courts follow dutifully the recommendations of those reports. The percentage increases to 88.24% of the resolutions analyzed when the intervention comes from the psycho-social team. In regards to this criteria, the rulings and indications of the team become dogma of faith, absolute truths moulded into court decisions without any more reason than those given by the technical teams, without any value, consideration of proof, and analysis of the circumstances of the case or of the minor. Forgetting that this reports demonstrates, as the professionals included are no more that technical advisors, that should contribute and assist the Court to arrive at decisions that impart justice.

As jurists we aspire that representatives of Tribunals would administer their functions in the hope of discovering an effective justice. For this reason it is essential that judges acquire the necessary training in the difficult job of imparting justice, above all involving complicated technical questions, and that they let themselves be guided by scientific criteria, demanding that professionals collaborate in these areas to arrive at solid and rigorous conclusions. In this respect, we illustrate a document titled “Breaking the Silence” in which frightening testimonies about real situations. In this document – which has been subtitled by the association of Madrid “Growing Up Without Violence” – the victims, after they have become adults, express sentiments of fear, helplessness, impotence… have suffered from the incapacity of anyone to understand why no one listened to them or protected them from situations that they were enduring.

Studies have shown that these children have tendencies to self mutilation, and in some cases suicide. We should not only “import” this type of “creations” but also learn from the experiences of other countries and avoid making the same errors…..

….In second place, we would like to focus directly on the children and their rights. We have commented in this study on the many times the fact of being a child, converts them into simple object utilized by parties for their own benefits.

Here we denounce the banalization of examination of children by the tribunals or psycho-social teams. Calling attention to the custom of family courts, by both parties, to lightly and without necessity, examine children by technical teams of the courts in generic closing of “as if they would be affected emotionally.” Even more surprising is the ease with which these tests are accorded, not only out of lack of necessity, but for the lack of reflection and necessity in sacrificing fundamental rights, under the contention of supposedly superior interests.

That a child or adolescent is not only heard, but listened to in family court is a right, never an obligation. We believe it is not correct to transfer the responsibility to children situations that adults have not been able to resolve, additionally in their presence. If these situations are absolutely necessary, we should assure that they are carried out in the best conditions possible for these children, preserving their interest and intimacy. For this, we once more ask that lawyers that participate in these processes to adequate evaluate the necessity to submit these children to interminable tests, far from making the situation easier deepens their emotional trauma.

From “Lawyers for Equality” we hope that these lines will make all people think about customs in family courts, and ask ourselves if we are really acting in the “best interest of the child,” as claimed.

In addition to the rights of children being consistently violated in judicial proceedings, women’s right are equally disregarded by tribunals, and rampant due to the failure of governments to punish or prosecute gender bias, with victims paying the highest price.

Broken Bodies, Shattered Minds

by Amnesty International 

Failure to prosecute and punish: gender bias of courts

Judges are part of the society in which they live, reflecting its cultural values, moral norms and its prejudices. Rising above prejudice is a prerequisite of judicial office, but discrimination against women and lack of understanding of violence against women as a human rights issue frequently lead to bias in the way trials are conducted and in decisions and rulings….p. 18

…In many countries, women seeking justice face insuperable economic obstacles. Lack of money, as well as educational deprivation, militate against women seeking and obtaining legal redress for abuses they suffer. Rights awareness programs and legal aid are sorely lacking where they are needed most. In some countries corruption permeates the judiciary, and more men than women are in a position to offer financial inducements to obtain the outcome they want.

While judges often take a lenient view of men abusing women, many have failed to consider severe domestic violence suffered by women as relevant when assessing women’s responsibility for offences committed by them…. P. 19

Mas Alla de Papel

by Amnesty International

…As far as the conduct of the authorities is concerned, the survivors’ stories reveal a worrying picture of discriminatory treatment, action and failings amounting to a secondary form of victimization that is just as abusive in that it inflicts additional suffering and exposes them to further ill-treatment and serious risk, including death…..

… many of those who decided to report the violence were treated with callousness and indifference by the authorities or were accused of lying or inventing or exaggerating their stories… The risks and devastating effects of the abuse were not taken into account by those who had it within their power to protect and help the survivors, investigate and prosecute the offences in question, punish the person responsible and determine the level of reparation. The testimonies of the survivors interviewed by Amnesty International frequently refer to actions, and even court rulings, that were motivated by prejudice….

THE PSYCHOLOGISTS OF THE CRIMINAL CASE OF ALOVERA HAS A RECORD OF COMPLAINTS

THE CIVIL SERVANT CRITICIZED THE WOMAN OF “INCOHERENCE” AND NEGATED THAT THE SERGEANT WAS ABUSIVE

El Pais, April 14, 2008

The psychologist that examined Sylvina Bassani, the Argentinian woman assassinated on Thursday by her ex husband in front of her 4 year old son, testified before the women’s violence court of Torrejon de Ardoz “that from a psychological point of view” one cannot “talk about abuse within the family.” One cannot believe the woman, as she is full of contradictions and incoherence and recommend psychological treatment “ in order to adequately deal with spousal conflicts and learn to open herself up to paternofilial relationships.”On the other hand the man, Javier Lacasa, who had tried to commit suicide when the Guardia Civil detained him – as stated in the testimony of the armed institute- and that in the same report stated that he had thrown a television set on the floor when his wife wished to travel to Boston, was a normal person. The psychologist only received a verbal admonishment from the counsel for having said that the man was normal even though he had tried to commit suicide.

The psychologist, Maria Isabel Tagle, employed by the Justice Counsel by the Community of Madrid, has received more than one complaint in the Association of Psychologist of the región, nine. At least six have been pardoned by the Counsel. The first, in November 2006, with 3 negative reports indicated that she had violated deontological principles in her reports. The only response of the regional government was a verbal admonishment in autumn of 2007 in which she was asked to “moderate hers forms” and that she “continue with her exquisite procedures in her work.”

 “Without a doubt it was known that their was a problema with this psychologist,” said the Dean of the Psychological Association of Madrid. “ Her case was known, as no one had as many complaints as she. If we had not thought that the case was important, we would not have filed the report with the Counsel. Now we will always be left with the doubt that we might have been able to do something more to have avoided the death of this woman.”

The report of the case of Sylvina Bassani and Javier Lacasa, signed by Tagle and a social worker, is the only one issued in the penal and civil procedures pending after having accorded the protection order in September 2006. A first judge to open the hearing, asked for a psychological evaluation of Lacasa, due to his suicide attempt the day of his arrest. But, in all of the procedures the report of the psychosocial for the divorce is found. The lawyer of the victim in criminal proceedings, Robert Garcia, had also requested a psychiatric report of Lacasa, noting that he had been convicted of puncturing the tires of several neighbors who had testified in favor of Sylvina. The magistrate Gemma Fernandez denied this petition in April 2007.

A spokesperson for the Counsel of Justice of Madrid confirmed the existence of various complaints about this psychologist, but no disciplinary measures were taken against her because they had understood that the complaints were not sufficient. 

In one of the negative reports to the Psychological Association of Madrid related that, in family cases, Tagle contended that the son be placed with his father because the mother had been raped at 14 by a school mate. The psychologist concluded that, since the boy was male he would have a certain rejection for his mother, and that the son would be better with the father. In another case she diagnosed paranoid schizophrenia, recommending that the person in question be involuntarily committed to a psychiatric hospital, “without indicating the methodology used,” findings of the deontological commission of the Psychological Association. The commission identified in various occasions the lack of argumentation and basis of findings by the evaluators. All of the complaints had been filed by women.

On February 13, 2007, Tagle membership was revoked by the Psychological Association after several negative complaints about her professionalism. At present she is not a member of the Association. Psychologists working in the private sector must be registered with the association, but it is not so clear for those working within government institutions. It is not clear either, according to the Dean of the Association of Madrid, Fernando Chacon, if these cases can be sanctioned through disciplinary action. There are other complaints, not yet transmitted to the Counsel, and which the Psychological Association of Madrid are investigating in this case. This newspaper tried on Friday, with no success, to localize the psychologist Tagle at the courthouse of Torrejon for an interview.

Whatever the case may be, it seems that various institution have failed in there diligence in this tragic case. The president of the Observatory on Domestic Violence of the Counsel of Judicial Power, Montserrat Comas, requested a reunion with the representatives of the Minister of the Interior and Justice of the General State Prosecutor to see if “the mechanics of coordination had functioned correctly.”

Another element that must be investigated is the diligence of the prosecutor. The trial was concluded in the summer of 2007 and since then several accusations are still pending. The lawyer of the victim, Roberto Garcia, said that the judge sent the case to the prosecutor, with no “sign of life” from him seven months later.

http://www.elpais.com/articulo/sociedad/psicologa/caso/crimen/Alovera/tiene/record/quejas/elpepisoc/20080414elpepisoc_3/Tes

3a – Professional qualifications and the probabilities of gaining employment.

The judges decisions that I would easily find a well remunerated position demonstrates a total lack of awareness of my personal situation as well as the economic crisis in Spain and around the world.

New England Law Review: Gender Bias Study

of the Court System in Massachusetts  Volume 24, Spring 1990

Financial Considerations
…In the area of alimony, the Committee found that very few women receive alimony awards, while even fewer women receive awards that are adequate. While many alimony awards undervalue the contributions of the homemaker to the family, they also overvalue the earning potential of homemakers who have long been out of the labor market. Further, only a minority of the alimony awards ordered ever get collected… … women who have postponed their careers to raise children or to work in the family business are often economically disadvantaged, both at the time of their divorce and for many years to come….
* “The human cost of the recent global crisis is reflected in its impact on the labor market. With 210 million people currently out of work worldwide, official unemployment has reached its highest level in history…Spain had the worst employment performance among OECD economies during the crisis.” Cross-Cutting Themes in Employment Experiences during the Crisis, International Monetary (IMF) Staff Position Notes 2010.

My accessibility to employment in Spain was diminished by the economic crisis, my status as a foreigner, my limited proficiency in written Spanish, gender and age discrimination within the work-force, and the fact that I had been out of the remunerated work-force for the past 20 years. In order to provide for my basic necessities, I was obligated to leave my children and return to the USA in search of work.

And, if had not been for the fact that none of my lawyers, inter alia, had left me access my funds in Spain, and thereby create Global Expats, I would have returned to Spain many years ago to be with my children.

In the last 3 years, I have only been able to find temporary work and my only hope for a correct salary, professional job and future retirement rests with my Global Expats / www.global-expats.com. If I did not have this possibility I would be condemned to a future of poverty and total misery.

Western countries always use the example that in Muslim countries men can throw their wives onto the street with nothing under sharia law as proof that they are violent and abusive. But, what conclusion can arrive at about western countries where the same can be done in total violation of laws, constitutions and international treaties, without any consequence for the authors of said violations or reparations for victims?

Also, the fact that all access to all of my funds and assets in Spain since the beginning and assure that I could not create Global Expats and/or defend myself in this judicial battle is in violation of art. 1, 9, 10, 14, 15, 24, 32, 33.3, 35.1, 38, 39.1 of the Spanish Constitution; art. 1316, 1318, 1319, 1344, 1345, 1347, 1361, 1362, 1366, 1369, 1375, 1376, 1377, 1383, 1384, 1386, 1390, 1391, 1392, 1393, 1397, 1398, 1399, 1411, 1412, 1413, 1414, 1416, 1417, 1418, 1421, 1422, 1424, 1425, 1427, 1429, 1431 and 1433 of the código civil española; art. 3, 4, 6, 8, 10, 11, 12, and 14 the Equality Act3/2007; art. 1, 2, 3, 23, 24, 26, of the Convention on Civil and Political Rights; art. 1, 2, 3, 6, 7, 9, 10, 11 and 15 of the International Convention on Economic, Social, and Cultural Rights; art. 2, 3 and 4 of the Declaration on the Elimination of Violence Against Women; art. 2, 3, 4, 5, 11, 12, 13, 15 and 16 of the Declaration of the Elimination of Discrimination Against Women.  

4a – Past and Future Dedication to the Family

For the 17 years of my marriage, and 2 years prior, I made 6 international moves in deference to my husband’s career, I fulfilled my “social” obligations in regards to his career and family, I gave up a degree in international law, a MBA, a diploma in gemology and jewelry design, as well as a lucrative career in the financial markets.

In regards to my children, I dedicated myself 24/7 to their care and upbringing, with little outside help. I maintained homes of 450-500 sq. mts. with little to no domestic help; entertaining extensively, doing all of the preparation, cooking, serving and cleaning myself, with little help from my husband or domestic services.

My husband never assisted with any of the daily chores, our children’s upbringing, family errands, or the unpacking, arrangement and decoration of 8 different homes.

Additionally, from 2005 to 2007, I spent an enormous amount of time and energy in researching and developing a career for myself and a second income for my family, all the while enabling me to remain at home and attend to my children and families needs.

Señor González de Alcalá  never helped with any of the domestic chores, with the care of our children, daily family chores, ore ven unpack, organize and decórate 8 homes/international moves in 20 years.  Nor did I ever receive any assistance in relocation from the Spanish multinational employer BBVA of Señor González de Alcalá , which is normally the case for most expatriated spouses whose husband’s work for American, British, French, multinationals, etc. The phenomenon of the multinational is quite recent amongst Spanish companies and the attitudes and services offered to spouses of expatriated employees resembles that of American multinationals of the 1950’s, (Zvonkovic, Greaves et al. 1996; Brescoll and Uhlmann 2005); which essentially means nothing.In 17 years as a Spanish expat trailing spouse, I was offered 6 months of language classes.

It is exactly my appreciation of being a “trailing spouses” without any assistance or support of my expat husband, his employer or even from the other Spanish expat spouses (as I was American and considered an “outsider”), that permitted me to become familiar with ALL of the challenges and problems that trailing spouse women can be faced with during their life abroad and as such develop an organization that is ready and able to offer ALL of the information, services and support that these women and families need.

Also, it should be mentioned that from 2005 to 2007, I spent an enormous amount of time and energy investigating and developing a career and eventually a second income for my family (with Global Expats), that would have permitted me to stay at home with my children and be financially independent. And, is exactly why Señor González de Alcalá  started this “judicial war” bring in everyone, my lawyers included, into illegal acts; all because he did not want his wife “working”.

Judicial decisions that did not even bother to look at or consider my efforts and contributions to the career of Señor González de Alcalá  and/or my family and personal, academic, and psychological development of our children is in violation of   art. 1, 9, 10, 14, 24, 32, 35, 39, 40, 45, 50 and 52 of the Spanish Constitution; art. 3, 4, 5, 6, 8, 10, 11, 12, and 14 the Equality Act3/2007; art. 66, 67, 68, 97 and 98 of the civil code; art. 1, 2, 3, 8, 23, 24 and 26 of the Convention of Civil and Political Rights; art. 1, 2, 3, 6, 7, 10, 11 and 15 of the International Convention on the Economic, Social and Cultural Rights; art. 2, 3, 4, 5, 11, 13 and 15 of the Convention on the Elimination of All Forms of Discrimination Against Women.

5a – Collaboration, by his or her own labour, with the commercial, industrial, or professional activities of the other spouse.

An expat career by definition demands that one of the spouses renounces their career, something that I did for 20 years. Without my sacrifice Señor González de Alcalá  would never have been able to accept positions in other countries.

Not only is it my professional sacrifice that the judge should have looked at and considered in my divorce (and not some ridiculous accusations from Señor González de Alcalá ), but also the efforts and illegal act that Señor González de Alcalá  was involved in his efforts to prevent me from starting a company from the home.

Art. 66 (the husband and wife are equal in rights and responsibilities) 67 (they must respect and assist each other mutually and act in the interest of the family) and 68 (fidelity and help each other) of the civil code clearly defines the rights and responsibilities of the partners, and the obligation of Señor González de Alcalá  to support and assist me in my entrepreneurial efforts. But, these issues were not even a consideration or “question” in the divorce of liquidation of common property.

While State and non-State actors of family courts continue with traditions and beliefs based on the inferior position of the woman within the home, as well as her obligations to respect the rights of the husband (Coltrane 1998; Zvonkovic, Greaves et al. 1996; Brescoll and Uhlmann 2005) the violations of her rights in the process of divorce as well as cases of gender violence will continue.

The failure of the judge to consider the sacrifices that I made in deference to Señor González de Alcalá ’s profesional career is in violation of art. 1, 9, 10, 14, 24, 32, 35, 39, 40, 45, 50 and 52 of the Spanish Constitution, art. 66, 67, 68, 97 and 98 of the código civil española;  art. 3, 4, 5, 6, 8, 10, 11, 12, and 14 the Equality Act 3/2007; art. 1, 2, 3, 8, 23, 24 and 26 of the Convention of Civil and Political Rights; art. 1, 2, 3, 6, 7, 10, 11 and 15 of the International Convention on the Economic, Social and Cultural Rights; art. 2, 3, 4, 5, 11, 13 and 15 of the Convention on the Elimination of All Forms of Discrimination Against Women.

6a – The duration of the marriage and their marital life

The duration of our marriage was 17 years, with 2 years of prior communal life, which means 20 years, which the average marriage of divorcees in Spain is 15 ½ years.

7a – The eventual loss of a right to a pension

It should be noted that not only did I lose rights to any accrued or future pension, but rights to private and public health insurance, unemployment insurance and any and all social benefits in Spain or elsewhere.

Given the fact that ½ of income tax, social security tax and unemployment tax, etc. of the “breadwinning spouse” belongs to the homemakers under common property law, upon divorce the fact that she is not provided with unemployment benefits, access to health care, or any social benefits is an example of de facto discrimination and violates art. 41 and 43.1 of the Spanish Constitution; art. 11.1 e and 12.1 of the CEDAW; art. 9 of the International Covenant on Economic, Social and Cultural Rights; and 8.1c of the Declaration on the Human Rights of Individuals Who are not Nationals of the Country in which They Live.

8a – The wealth and economic means and necessities of both spouses

Upon our divorce my husband’s monthly income was €15.000/month (€181.000/yr.,) while mine was non-existent.

A decree which ordered alimony of €1.000, minus €150, for a monthly income of €850, against my husband’s income of €15.000/month (€181.000/year) is discriminatory in itself. However, the stipulation that I would assume responsibility for an outstanding mortgage of €2.396/month in effect ordering ME TO PAY €1.546/month (€18.552/year) TO MY EX-HUSBAND with no revenues, income or access to my assets is punitive.

Under what law or legal precedent this decision was based is a mystery.

The stipulation regarding responsibility for mortgage is mute, as no mortgage exists. But, this decision was made under the belief that said mortgage did in fact exist. It should be noted that failure for me to assume this debt would have denied me my portion of the proceeds on our home, upon its sale.

“In the judicial resolution it will fix the base to actualize the pension and guarantee its effectiveness” – Nothing is mentioned in the divorce decree about a pension, nor in the liquidation of common assets. Once again if I could access this money, then I could pay for the reconstruction of my website, www.global-expats.com, and thereby move forward with the entire project, and would not need any of my other assets in Spain.

Additionally, the provisions of financial consideration in my divorce decree were in violation of art. 14, 32.2, 33.3 and 35.1 of the Spanish Constitution;  art. 1, 2, 3, 4, 5, 11, 13, 14, 15, and 16 of CEDAW; art. 3, 4, of the Declaration on Elimination of Violence Against Women; art. 1, 7, 9, 10 and 11 of the International Covenant on Economic, Social and Cultural Rights; art. 1, 2, 3, 7, 8, 12, 17, 19, 23 and 26, of the Covenant on Civil and Political Rights; art.5, 8 and 9 of the Declaration on the Human Rights of Individuals Who are not Nationals of the Country in which They Live; art. 1, 2, 3, 4, 5, 7 and 10, of the Declaration of Human Rights.

The recognition that stipulations such as those in my divorce decree ARE HUMAN RIGHTS VIOLATIONS are expressed in

October 2008 – November 2008

The divorce decree 1143/2007 was obviously detrimental to me not only financial, but was an attack upon my honor, integrity and good character as it in effect provided confirmation by judicial decree as to Señor González de Alcalá ’s false allegations of alcoholism, drug-addiction and psychosis.

I instructed my lawyer, Senor Jorge Capell, to initiate an appeal. He refused, even upon my repeated insistence. Later he told me that he had appealed the financial considerations of the sentencia, but not the custodial decision. However, to date I have not been provided with any documentation as to any said appeal. Also, as already stated Senor Capell sent me an email on November 14, 2008 when he had received the divorce decree on November 5, 2008 with 5 days to appeal (see document #8B). Even if I had been able to obtain the money (€5,800 that Senor Capell was requesting in order to file the appeal), the time limit for filing the appeal had already past and the money I would have paid to Cuatro Casas, Gonçalves Pereira would have been for nothing.

Not only was it important to contest the custodial and financial decision from a personal stand-point, but from a professional one as well.  In spring-summer 2007, my Global Expats project was receiving great praise and interest from many “players” in the expatriation/international relocation industry in the USA. Obviously the fact that my website has been “sitting” on the Internet, in front of the entire global mobility industry and an audience of 50 million people around the world has “raised some eye-brows”.

One of the primary “assets” and “capital” of my project is my extensive knowledge about expatriation and expat associations, my global network of friends/acquaintances and my reputation as an honest, honorable, hard-working and dependable person of the highest integrity. Failure to contest and challenge a judicial decision that was clearly bias and defamatory was in essence admitting to guilt by default, and detrimental to my personal and “professional” reputation.

Mr. Capell’s failure to act in good faith and the interests of his client were in violation of my rights under art. 10, 14, 15, 18, and 24 of the Spanish Constitution; art. 173, 208, 243, 267, 467.2 and 512 of the penal codeespañola; art. 3, 4, 6, 8, 10, 11, 12, and 14 the Equality Act3/2007; art. 3 and 4 Código Deontológico 658/2001 de 22 de junio; art. 1, 2, 8, 17, 23 and 26 of the International Convention on Civil and Political Rights; art. 1, 2, 3, 6, 7, 10, 11 and 15 of the International Convention on Economic, Social and Cultural Rights; art. 2, 3, 4, 5, 11, 13 and 15 of the Convention on the Elimination of All Forms of Discrimination Against Women.

También, Señor Capell tuvo que notificar el juez de todos hechos bajo art. 11 Código Deontológico 658/2001 de 22 de junio and art. 451 of the penal codeespañola.

November 2008 to February 2010

Since, Mr. Capell had failed to act in my best interests, I hired yet another lawyer, Mr. Alberto Fontes, to ensure that my ex-husband paid monthly alimony and initiate liquidation of my assets in Spain. In February 2009 I left Spain returning to the USA, with the intention was to initiate legal proceedings against my web designers in Florida (www.arnima.com ) for their breach of contract (dating to 2006-2007,) liberate my website, and return to Spain and my children, resuming my work on Global Expats.

Unfortunately, due to the failure of Senor Fontes to do his job with due diligence, (who continually refused to the liquidation of common property nor reclaim non-payment of alimony (minus child support) that Señor González de Alcalá  owes me), I did not have funds with which to pay legal expenses in Spain nor funds necessary to recuperate control of my website (or create a new one), and return to Spain and my children.

Once again the question arises as to whether the failure of my lawyer, this time Senor Fontes, to reclaim my assets (alimony owed and/or a court order requesting that BBVA deliver all and any information regarding salary income and financial records in the name of Javier/Xavier Gonzalez de Alcala from August 1991 until October 22, 2008) is due to his gross negligence or discriminatory procedural laws in Spain which prevent women from accessing financial information and/or assets which are their property.

Due to the negligence of my lawyers and the lack of due diligence of State and non-State actors since September 2007 I have lived in total poverty, during 2009 officially homeless, without a permanent job and while I have been eligible for welfare benefits and food stamps from the American, French, and/or Spanish government, I could not reclaim them because I had no domicile; in violation de art. 19, 24, 33, 40, 41, 43, 45, 47 and 51 of the Spanish Constitution; art.11 of the Convention on the Elimination of Discrimination Against Women; art. 10, 14, 15, 18, and 24 of the Spanish Constitution; art. 173, 208, 243, 267, 467.2 and 512 of the penal code; art. 3, 4, 6, 8, 10, 11, 12, and 14 the Equality Act3/2007; art. 3 and 4 Código Deontológico 658/2001 de 22 de junio; art. 1, 2, 8, 17, 23 and 26 of the International Convention on Civil and Political Rights; art. 1, 2, 3, 6, 7, 10, 11 and 15 of the International Convention on Economic, Social and Cultural Rights; art. 2, 3, 4, 5, 11, 13 and 15 of the Convention on the Elimination of All Forms of Discrimination Against Women.

It should be noted that the Spanish State is responsible for any Spanish procedural laws which are directly or indirectly responsible for my failure to access information regarding and/or actual assets, funds and property that belong to me (whether under the name of Javier/Xavier Gonzalez de Alcala or my name) under common property laws (rather than negligence of my lawyers), directly and/or indirectly violate my rights under art. 1, 9, 10, 14 and 33.3 of the Spanish Constitution;  art. 1, 2, 3, 4, 5, 6, 10, 11, 12, 14, 15, 42, 44 and 45 of the Equality Act 3/2007; art. 11, 22, 28, 29 195, 250.7 and 450 of the penal code; art. 1088, 1089, 1090, 1093, 1094, 1100 1254, 1255 and 1262 of the civil code; art. 2, 3, 4, 5, 11 and 12 of the Convention on the Elimination of All Forms of Discrimination Against Women; art. 1, 2 and 3 of the Convention of Civil and Political Rights; art.1, 2, 3, 10 and 11 of the International Covenant on Economical, Social and Cultural Rights.

In August 2009, I noticed that liens against my bank account in Spain, for €305,47 and €487,20, by the juzgado de Mostoles 1^st instruccion. I transferred the necessary funds to the bank account with instructions to cover the embargo GE-20030225-92959 (vea documento #26A and #26B). The bank did not respect my instructions to pay the embargo. Also, I contacted Senor Fontes asking why he had not notified me about the embargo, and all litigation in relation to said embargo, asking for a copy of ALL documents that he had handled in my case and name and bill detailing all of his actions and documents in relation to my case. He responded that it was not in the habit of his office to give information and documents to his clients regarding their cases, and he never sent me a detailed bill.

At the end of October Senor Fontes sent me an email with the sentencia #1079 (see all discriminatory considerations detailed in the sentencia below[ii]). Señor González de Alcalá  had petitioned the courts to remove alimony under the contention that he had been fired from his job. The judges reduced the alimony to €350 net/month, declaring in the sentencia that I was of a perfect mental and physical health, and therefore capable of earning a living. Once again my lawyer did not appeal the decisión, or asked for proof regarding the unemployed status of Señor González de Alcalá , nor did he present evidence as to my precarious state of employment and financial situation in the USA, nor did he notify of the said petition in the first place.

His actions were in violation of art. 9, 10, 13, 14, 24, 35, 38, 39 and 40 of the Spanish Constitution; art. 3, 4, 6, 8, 10, 11, 12, and 14 the Equality Act 3/2007; art. 3, 4, 5, 6, 8, 10, 11, 12, and 14 the Equality Act3/2007; art. 250.7, 267, 267, 467.2 and 512 of the penal code; art. 3, 4, and 11 Código Deontológico 658/2001 de 22 de junio; art. 2, 3, 26 de Convention of Civil and Political Rights; art. 1, 2, 6, 8 and 15 Convention on Economic, Social and Cultural Rights.  

February 2010 – May 2012

Once again I was looking for a lawyer that would do something that should be quite simple; liquidate my assets. In February 2010, finally I found other lawyers, Miguel Martínez López de Asiain e Ignacio Gonzalez-Martínez, that I believed were truly going to help me. It took the entire 2010 in order to transfer my case and begin liquidation of assets and a final financial resolution.

As I saw it was taking so much time for something that should be rather simple, I prepared a resume of my case with all facts, violations of my rights and a petition for reparations of damages suffered under the Spanish civil code, inter alia, so that my lawyers could the pertinent facts and events, my complaints and demands to the courts, if Señor González de Alcalá  was not willing to arrive at an agreement and avoid further litigation.   

In February 2011 I sent my proposed financial agreement/resolution[iii] so that Señor Martínez López de Asiain and Señor González-Martínez could offer it to Señor Gonzalez de Alcalá. Between February 2011 and September 2011 I sent various emails and made several calls to Señor Gonzalez-Martínez in order to find out if he had transmitted my proposition to Señor Gonzalez de Alcalá and whether he had responded to my offer.  Senor Gonzalez Martinez never responded to any of my emails or telephone calls. To my knowledge Señor Martínez and Señor Gonzalez-Martínez never sent my offer to Señor Gonzalez de Alcalá’s lawyer.

Therefore, in September 2011 I sent a message to Señor Martínez López de Asiain in order to find out what was happening with my case, and if they had contacted  Señor Gonzalez de Alcalá’s lawyer with my offer. In November 22, 2011 Señor Martínez López de Asiain sent me an email notifying me that he had unilaterally initiated liquidation of my assets for €200.000+ (documento # 16).

There is a hearing for May 11, 2012 in order to set the inventory in the juzgado de Mostoles, to which Señor Martínez López de Asiain has informed me that the judge had agreed that my presence will not be necessary. I have several preoccupations regarding the hearing which are as follows:

• At the beginning of 2011 Señor González-Martínez informed me that the bank statements that had been introduced with the divorce petition were no longer within the court dockets, and it would be necessary to request new account statements from BBVA. Since that time, I have repeatedly told Señor González-Martínez and Señor Martínez López de Asiain that I could go to the Spanish Consulate here in Washington, DC in order to sign any power of attorney necessary. My concern at present is that bank statements, and therefore proof as to said accounts are not to be found in court records and our petition for an inventory will be rejected by the judge under art. 808 of the Ley de enjuiciamiento civil. 

• In his petition for the hearing May 11, 2012 Señor Martínez López de Asiain indicates that there are no liabilities. But, there are €30.000+ of pending liabilities in Spain for litigation expenses in connection to the divorce (art. 1398 and 1403 of the código civil española), plus the 20% of the legal fees of recuperated assets of Señor Martínez López de Asiain and Señor González-Martínez  (art. 1347 of the código civil española) illegally retained (art. 252 of the penal code) by Señor González de Alcalá, with the consideration noted below[1].

In his email of March 28, 2011 Señor Gonzalez Martínez López de Asiain indicates that “the petition for divorce was presented October 25, 2007 and is taken as reference for the date of liquidation” (documento #17 p.6 comentario M8). But, art. 1392.1 of the Spanish civil code indicates that common property end upon the dissolution of the marriage,[2] and under art. 1365[3] and art. 4 of the Código Deontológico 658/2001 de 22 de junio SeñorMartínez López de Asiain and Señor González-Martínez are obligated to act in my interests. In which case it is clearly in my interests to use October 22, 2008 (and not October 25, 2007). Additionally, they can defend using the date of October 22, 2008 under art. 1390 and 1391 of the Spanish civil code; art. 11 the Equality Act3/2007 and art. 2 and 4 of the Convention on the Elimination of Discrimination Against Women.  Not only is there the sum of €41.000 of the salary of Señor Gonzalez de Alcalá during 2008 that belongs to me and that the decisión of 1140/2007 (according me a pension of €500/month) misappropriated (under art. 252 and 250.7 of the penal code), but also all of the legal fees associated with my divorce, which are €30.000+.

The failure to defend my interests is in violation of art. 1254, 1256, 1258, 1088,1091, 1094, 1097 and 1100 civil code; art. 512 and 510 of the penal code, and implicates a financial liability for actors of said violations under art. 1089, 1092, 1098, 1101, 1102, 1106 and 1107 of the civil code.

Also, it should be noted that under art. 3, 4 and ll of the Código Deontológico 658/2001 de 22 de junio SeñorMartínez López de Asiain and Señor González-Martínez are obligated to notify the presiding judge of all acts and information regarding criminal negligence of the preceding lawyers in my case under art. 450, 451, 467 and 512 of the penal code, and 1098 and 1101 civil code as well as Señor González de Alcalá ’s efforts to defraud me and his psychological abuse in violation of art. 22, 23, 173, 208, 248, 252 penal code; with my right to receive reparations for these criminal acts (€ 1.786.268 see endnote # v), under art. 109, 110, 111, 112, 113 of the penal code as well as art. 9 de Spanish Constitution; art. 9  the Equality Act 3/2007 and art. 8 Annex of the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power.

I still have many questions in determining if my inability to access my assets from September 2007 to present be they funds or financial information that belongs to me under art. 1347 of the Spanish civil code, inter alia, is due to the incompetence and negligence of lawyers cited herein, or the failure of procedural laws in Spain which do not permit women within marriage and/or in process of divorce to access information and/or manage common property assets; as well as defend her life and the life of her children. However, what is clear is that the violations of these rights are in violation of the following:

• Spanish Constitution
• Spanish civil code
• Spanish penal code
• Equality Act 3/2007
• Ley orgánico contra la violencia de género
• Convention on Human Rights
• Convention on the Elimination of All Forms of Discrimination Against Women
• Convention on the Elimination of Violence Against Women
• International Convention on Civil and Political Rights
• International Convention on Economic, Social and Cultural Rights
• Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power

For the afore mentioned violations of State and non-State actors in all judicial proceedings, and actions related hereto, I am seeking a full investigation into my case by the Spanish authorities, with reparations for personal monetary damages of common property for €827.132;  monetary damages for lost salary as Managing Director of Global Expats since 2007 for €1.200.000,00 and monetary damages of lost net profit of Global Expats since 2007 for €13.470.000,00; totaling €15.497.132,00 divided amongst all implicated parties.

CONCLUSION

While domestic abuse and violence as human rights violations and the obligation of State and non-State actors to protect victims under the principle of due diligence is recent within international law and legal precedents, cases such as A vs. UK, Velázquez vs. Honduras, and Gonzales vs. USA, are important steps forward in promoting the rights of victims of domestic abuse and violence.

However, in order to assure that the rights of victims are defended on a systematic basis within judicial systems, the failure of States to defend victims needs to be examined from an intersectional perspective, thoroughly investigating the relationship between corruption, discrimination, negligence, the failure of legislative reform, and judicial accountability.

Additionally, in order for governments to effectively and competently protect victims they must assure efficiency, transparency, and inter-connectivity in all areas.

Social and public services that contribute to the prevention of domestic abuse and violence, as well as protection of victims, with competent legal counsel and dissemination of factual information, during the entire judicial process.

Public services, including judicial systems, that through positive action, protect and defend the rights, liberties and interests of the victims of violence and abuse in an effective manner, including, but not limited to due process under the law.

Public services, including judicial systems, which through positive action rescind laws, practices and traditions that contribute to discrimination, in all its forms.

Effective mechanisms and procedures that permit reparations for victims of abuse and violence at the hands of their abusers, as well as effective and real sanctions for State and non-State actors that have failed to demonstrate due diligence in the prevention of said abuses, or worse contributed to the abuse through their discriminatory and/or incompetent practices and actions.

But, perhaps the most important in promoting and assuring the rights of victims is to understand that behind each story, each life, there are many actors and many actions that have contributed to the pain and suffering of these women, children, and at times men.

Abuses of power, within the home, family or community, are not static, isolated incidents, but rather part of a dynamic cultural machine which is designed to maintain a status quo of abuse and violence. Until the cycle of abuse in our societies and communities is dismantled through the efforts and actions of every single member, denouncing and sanctioning all forms of abuses of power, in our personal as well as professional lives, this “war on the terror” will never be won.

While the past years have been very difficult, the separation from my children the hardest of all. My own battles have shown to me the extent that the apathy of people, particularly civil servants and judicial actors, are encouraging, promoting and supporting human and civil rights violations within their own borders.

Within the past few decades women’s rights groups have made enormous strides in advancing the rights of women within the labor force, and other issues surrounding their ability to contribute monetarily to societies. However, while these groups have been vociferous regarding abuse and violence against women within Muslim and African communities and the way that that abuse is sanctioned by the community and governments, they have remained all too silent about these same traditions and customs which sanction abuse and violence within their own communities.

My grandfather, Curtis Paul Wilcox, a lawyer in the early 20^th century, fought for the rights of black people in the courts of the Deep South, during a time where racism and discrimination was seen as something “normal”. At a time when black people were considered second-class citizens to be exploited, and used as scapegoat in protecting the honor of the community or group.

These same prejudices and discriminatory traditions persist today against women, and children, within the home and family.

In my grandfather’s first case, in 1909 in Butler, Alabama, he confronted and vanquished the same beliefs attitudes, traditions and customs as those exposed in the American literary work To Kill a Mockingbird by Harper Lee. All of his life he fought against racism and discrimination, standing up to bullies and tyrants within the judicial system as well as the community, promoting the rights of people who were unable to defend themselves. What I am defending here is no different than what he was defending over a hundred years ago, and for which many of my ancestors have defended over many centuries[4].

Modern democratic models and principles began over 200 years ago, with an increasing number of countries adopting democratic structures within the past 50 years. However, in the past decade more and more people, even those amongst our ruling-classes and status quo intellectuals are questioning the existence and very survival of the democratic process by present governments, mainly due to the widespread erosion of human and civil rights within their borders. However, as two great statesman of our time so eloquently stated:

It has been said that democracy is the worst form of government except all the others that have been tried. – Winston Churchill

In a democracy, dissent is an act of faith. – Senator William J. Fulbright

In the past hundred years many wars have been waged, many lives have been lost, and much blood has been shed in the name and defense of the rights and liberties of people. However, if mankind has any hope of turning the ideals and principles of democracy into a reality, we must put down our arms, at our borders as well as within our homes, and learn to live in peace and prosperity.

If the human race wishes to have a prolonged and indefinite period of material prosperity, they have only to behave in a peaceful and helpful way toward one another. – Winston Churchill

This is the true challenge of the 21^st century, and why my complaint is not a simple “dispute” of no consequence or importance.

_______________________________________________________________________________________________

[1] Bajo art. 1390 and 1391 del código civil española, art. 10 del Acto de Igualdad 3/2007, and art. 252 del código penal española Señor González de Alcalá tiene el obligación de volver estés fondos y/o el valor igual tanto que cualquier gastos incurrido en el recuperación de dichos fondos. También, Señor González de Alcalá, Señora García Martin, Señor Hernandez Jiménez, Señor Capell/Cuatro Casas, Gonçalves Pereira, Señor Martínez and Señor Gonzalez-Martinez (art. 1, 3, 4 del CODIGO DEONTOLÓGICO, 658/2001, de 22 de junio and 512 del código penal española, inter alía)  and cualquier otro actor estatal y/o non estatal (art. 17, 22, 23 del código penal española) han incurriendo un responsabilidad penal, and responsabilidad por daños financieros bajo art. 249 and 251 del código penal española and art. 1908, 1101, 1106, 1124 and 1295 del código civil española. También, se debe notar que la transferencia de la suma de €94.000 (BBVA nº 0182-4000-0411563734 de titulo conjunto: Javier González de Alcalá and Quenby Wilcox) al cuenta BBVA nº 0182-4000-0411563727 (de titulo singular: Javier González de Alcalá) es en violación del art. 33.3 del Constitución Española and art. 1767 and 1772 del código civil española con el obligación de la parte del BBVA de volverme el mitad de dichos fondos (tanto que todo información financiero, ingresos, sueldos, inter alía en el nombre de Javier González de Alcalá bajo art. 1347 del código civil española) and el fallo del BBVA de volver estés fondos será en violación del art. 254 del código penal española;  art. 1089, 1098, 1101, 1107 and 1108 del código civil española; and art. 10 del Acto de Igualdad 3/2007.

[2] Art. 1392.3 – The community of joint assets shall end by operation of law: 1. When the marriage is dissolved.art. 1392.1.

[3] Article 1,365 – The common property shall be directly liable to the creditor for debts contracted by a spouse: 1. In the exercise of domestic powers or the management or disposal of common property to which he is entitled pursuant to the law or to marriage articles.

[4] Others in my family tree instrumental in developing and promoting the ideas of democracy and human and civil rights were Winston Churchill (distant cousin), John Paul Jones (great-great-great-grand uncle), Thomas Wilcox author of Admonitions to Parliament (1572), and my father, William C. Wilcox, MD who taught me that democracy, honor, dignity and respect are more than simple words and rhetoric.

[i] In the divorce decree 1143/2007 Doña Pilar Saldaña Cuesta, shows a clear prejudice for Señor González, as a man and Spaniard, and prejudice against me as a woman and foreigner. In her erroneous interpretation of the family situation, she supported the false accusations of Señor González (which he clearly had made in order to avoid and deter attention away from the real problem in our home).

This long time abuse and violence is documented by the testimony of Dr. Francisco Orengo2 (document #5) as well as by our marriage counselor Señora Joaquina Pérez (document #4) in reports presented to the courts and within court records, but these reports and testimonies were all completely discounted by Doña Pilar Saldaña Cuesta. She also discounted the report by Dr. Orengo under the contention that it did not include an interview with Señor González nor the minor children. There had not been an interview with Señor González because he had refused to present himself and our children for fear that he would not be able to trick, manipúlate an lie to a forensic psychiatrist trained in detecting abuse and psychopathic personallities.

The fact the he was not interviewed is more proof of the abusive nature and abuse of Señor Gonzalez, not the inverse as the judge interpreted. There are no oficial transcripts of the interview with the minor children and Señora Pilar Sandaña Cuesta which contents show a clear discrimination against me and in favor of Señor González. The fact that they believed accusations that were so absurd, for no other reason that Senor Gonzalez de Alcala said so, shows a prejudice for him and discrimination against me. The interview was conducted on the July 18, 2008 and it should be noted that from February 2008, I was unable to spend more than a couple of hours with my children, due to the fact that Senor Gonzalez de Alcala had refused to respect the court ordered custody decision of the judge in las medias a la previa.

Then at the end of April the fiscal de minor illegally removed custody of my children after which I had no contact with them. I filed a complaint against the failure of Senor Gonzalez de Alcala to respect the court ordered visitations, but in the ensuing audience the judge threatened to call my children in as witness if I refused to remover my complaint. I removed the complaint because my children had said on many occasions that they did not want to be put in the middle of the divorce, and were extremely upset every time they were called to appear in court/interviews, etc. The manner in which my children were used and put in the middle of the divorce by Señor González and the courts, and the extent to which it has hurt them emotionally, is the most horrible human rights violation of the entire affair.

Interview with the younger minor:

“He finished school. Studied 4th of ESO. He passed all subjects. He gets along well with his mother, but prefers to be outside of the house. His mother gets angry with his father. He has seen his mother drink on various occasions, and when this happens he is doing other things. He prefers to live with his father. He has seen his mother very little. When he sees his mother her speaks about his father.”

Interview with the eldest son:

• “He studied 1 bachillerato specializing in science. He indicates that he is fine with his father, better than with his mother, because he does more activities (with his father). Indicates that his mother does not pay much attention to him. He was alone the day of the alcoholemia incident. Indicating that it had disturbed him. He has seen his mother drink on several occasions; he went to friend’s house or was alone at home. When she drank she lost her attention. Wants to live with father. Wants to see mother on overnight visits with (elle) I say no says nothing. Wants to live in the house of Villafranca.” Just thes few words written by the judge it is difficult to know exactly what her questions were and for that it would be necessary to listen to the recording of said interviews. But, in response to these lines I present the following:

• It should be noted that the youngest minor had passed all of his subjects in the school year 2007-2008, while in my home there was terrible violence and horrific scenes on the part of Señor González, I feared for my life every single day (and worse the future of my children should something happen to me), the judicial system/my lawyers/etc. Were giving me such the run around for papers and forms that the chaos was unbearable, I was trying to understand a judicial system in a foreign language with lawyers whose negligence was absolutely incredible with absolutely no support or help, each time I went to the free legal clinics (run by the Spanish Bar Association/ colegio de abogado) I was told “I do not know, that is not my specialty” in response to my questions regarding legal procedures and regulations, my Global Expats Project was completely on hold and perhaps destroyed (as was the objective of Senor Gonzalez de Alcala), I did not have enough Money to cover even the basic necessities (heat, electricity, water, food, transportation, etc.) and even less so for legal expenses which were mounting every day and for which I had to sell everything of value to cover. But, my youngest (and eldest son) passed all of there subjects at school because I MADE THE GREATEST EFFORT OF MY LIFE TRYING TO KEEP SOME SEMBLENCE OF SANITY IN THEIR LIFES WHILE SENOR GONZALEZ DE ALCALA WAS DOING EVERYTHING IN HIS POWER TO DESTORY ME AND HIS FAMILY.

• “the relationship with his mother is good, but he wishes to be outside of the home”– Of course the boy wishes to be outside of the home. He was 14 ½ years old, and like any normal boy of that age prefers to be out with his friends than cooped up in the house doing homework or nothing at all.“Has seen his mother drink on several occasions, and when this happens he is doing other things.”– As already indicated in other presented documents, we had continual lunches, dinners, and parties of 10-30 people in our home with guests invited by Senor Gonzalez de Alcala. For these parties I bought all of the food, prepared the food, served all of the guests, cleaned our home (450m2) and kitchen before and after the parties without any assistance from Senor Gonzalez de Alcala or anyone else. While I was working he was amusing himself with the guests and drinking. During the occasions when I sat down at the table to eat or talk with the guests, I had a few glasses of wine, while our children were playing with the invited children “doing other things”. It should be noted that there were always invited children in said parties, and I would serve two services, and at times 2 different menus, one for the children and the other for the adults. The fact that the judge only asked about whether I ever drank, but no asked in what circumstances nor is whether their father ever drank clearly discriminatory against me. In a country where the wine consumption is amongst the highest in the world, it is even more discriminatory to consider a woman an “alcoholic” because she has a few drinks at parties. It should be noted that with so many accusations against me, I asked my children if they thought that I had a problem with alcohol (in February 2008) and they responded “Of course not Mom”. I have always had a spectacular relationship with my children base on mutual respect, and absolute and total honesty, and if they thought I had a problem they would have said so. At this point it should be added that during my entire marriage Senor Gonzalez de Alcala would often go out to restaurants and discotheques with friends while I stayed home with our children. When Senor Gonzalez de Alcala filed for divorce he introduced falsified bank statements which indicated that all of HIS SPENDING IN RESTAURANTS AND NIGHTCLUBS (as well as all his spending) WERE UNDER MY NAME. I CAN ONLY ASSUME THAT THIS WAS DONE IN ORDER TO FOOL THE COURTS INTO BELIEVING THAT THESE WERE MY SPENDINGS.

•  “Prefers to live with the father” – During 2007-2008 Señor González was doing everything in his power to convince the children that they wished to live with him, buying them presents, expensive vacations, letting them do whatever they wished, and at time threatening them (and me) that if they chose to live with their mother they would be out on the street with her with nothing. On the other hand I said nothing to them as I did not want to put them into an emotionally stressful and hurtful situation. It should be noted that upon one occasion at the insistence of Senor Gonzalez de Alcala, my youngest son said he wished to live with his father and I asked him why he said that and he responded “I do not know Mama”. The emotional manipulations of Senor Gonazalez children in order to obtain financial advantages in our divorce shows to what extent he is egotistical, putting his own interests before the interests and well-being of his children.

•  “He has seen very little of his mother” – OF COURSE. From September 2007 until February 2008 the judicial system was giving me such a runs round and was exhausting so much of my energy in just trying to assure my own survival as well as that of my children, that I had little time to spend with them. Also, from February 2008 until my divorce (and after) Señor González would not let me see them, and so of course they did not seee much of their mother.

•  “When they see their mother she speaks poorly of the father” – I have no idea where this comment comes from, but it is not true, except to ask “How is your father?’ I have been extremely concerned about my ex husband’s mental and emotional state since 2003, when all of his work related problems with the BBVA started, and have with each passing day saw his mental state getting worse and worse, and farther and farther from reality. In my report Domestic Abuse as a Human Rights Violations and the Principle of Due Diligence – An Intersectional Approach shows how abusers and psychopaths are manipulators and our divorce is just one more example of a lifetime of his manipulations.3 Senor Gonzalez de Alcala does not know any other way to relate with people other than manipulations because that isa ll that his parents ever taught he and his brother. It should be noted that it was Señor González that was speaking derogatorily about me to anyone who would listen as demonstrated in the letter from Dr. Piedad Rojas Gil (document #2). And, the fact the judge only asked whether I spoke badly about their father is discriminatory against me and favoritism for Señor González.

In relation to the interview with the older son:

• “indicates the he is good with his father, better than his mother, because he does more activities” – First, it is not clear whether the judge interpreted that he is better with the father because he does more activities with him or if he is better with the father than the mother. I doubt very much that my eldest son would say that he was better with one parent than the other. When my children were young they would always ask me “Mama, isn’t it true that you love me more than you love my brother?” and I would always answer “Don’t be ridiculous, I love you both equally and as much as eternity. That’s like asking who do you love more Mama or Papa? That question makes no sense!” Second, of course he did more activities with his father, because he had not seen his mother for the past 6 months and for the 6 monthes preceding that his father had all of the family money for “playing” while I hardly had enough money to survive.

• “Indicates that his mother did not pay much attention to him”- Under what conditions this make refers is very vague and open to whatever interpretation the judge wished to attribute. There are very few mothers that I know (literally around the world) that are as dedicate to their children, or who have always (since their birth) spent as much time and have dedicated themselves so completely to their education and needs; and has done so with great joy and personal fulfillment (vea documento #2).

•  “He was alone the day of the alcoholemia incident, and indicates that it was very bad.” – On that night my son (of 15 years and 11 months) was invited to go to a restaurant with a friend near our home, and since he had not made as many friends in Spain as he had had in Colombia I was always encouraging his friends to come over to the house or him to go out with them. It was because he had gone out that when my ex husband called to remind me about the neighbors birthday party I went to “saludar” my friends. And, of course he said that he had a very bad time. His father woke him up at 4am screaming at him to pack his stuff and took him to my ex husband’s parents house where he had been living since septiembre 2007, when I had originally filed my complaint agaist him for his abuse.

•  “I saw my mother drink various times, and I went with my friends or was alone in the house. He wants to live with his father.”– The responses are the same as those above.

• “Wants to see mother on over-night visits with (elle) I say no says nothing.” – The sentence is rather non-sensical and I am not sure what the judge is trying to say.

•  “He wants to live in the house in Villafranca” – These lines are very important and why Senor González was threatening to throw me out on the street with nothing (with my children if they chose to live with me). I was afraid of beingin the street with no money, no job, without anything, and with two children starting university it would have been worse. Therefore, of course my children wished to live in their home in Villafranca and as such had to choose to live with their father.

[ii]

En sentencia no.1079 dictado por Sr. D. Francisco Javier Correas González, Sr. D. Ángel Sánchez Franco, Sra. Doña Rosario Hernández Hernández, se reduce el pensión compensatorio al €500/mes debido que al siguiente:

• que Quenby Wilcox “goza de una perfecta estado de salud” Que se dicen que yo “goza de una perfecta estado de salud” se contradice totalmente Doña Pilar Saldaña Cuesta en 1143/2007 que me quita la custodia de mis hijos and efectivamente impidiéndome verlos debido a mi obligación de irse al EE.UU para sobrevivir debido al consideraciones financieros, por unos supuestos “problemas de salud”. Que los tribunales me declaran una persona “incapacitada” cuando está relacionado con el trabajo que he hecho desde 17 años con una integridad, capacidad and resultados extraordinario, pero para trabajar fuera de la casa gozo de una perfecta estado de salud es claramente discriminatorio contra mí and favorece Señor González. Y, bajo del principio razonable es increíble.

• “Viene aludiendo a la no realización de actividad retribuida constante el matrimonio, pero en ningún momento nos dice que sea ello imputable a la imposición del marido, pareciendo desprenderse su intención de desempañar un empleo,” Como ya señalado anteriormente, la idea que si una mujer que se elige de quedarse en la casa ella es por definición perezosa, vergonzosa y/o una parasita está completamente discriminatorio and despreciando a la amas de casas and el trabajo sumamente importante and duro que hacen. Unas de los problemas más grandes que están surgiendo en nuestras sociedades viene de situaciones donde los dos parientes trabajando fuera de la casa, and los niños que no tienen bastante estructura o acogimiento en sus vidas. Como se vea en estudios, niños que crecen en ambientes demasiado estricta, o al otro extremo sin ningún estructura, vuelven violentos o “problemáticos”, tienen problemas de abuso de drogas o alcohol, tendencias criminales, etc. Debido a mis trabajados en el colegio de mis hijos, con niñas abandonadas and de la calle en Bogotá, etc. entiendo muy bien la falta de dedicación que existe sobre la educación and preparación de generaciones futuros. Es por este razón que Global Expats está dedicado de promover suporte and oportunidades de empleos remunerados, desde sus casa con horarios suples, a las mujeres (y hombres) expatriadas sin empleos que han sacrificado sus carreras, dedicando sus esfuerzas and energia su a sus hijos, con el objetivo de ofrecer suporte a estés familias tanto que familias dentro de comunidades locales. Si nuestras sociedades no paran de valorar la gente por el dinero que gana y/o dirige, and no por el contribución humano que uno hace en la sociedad, el nivel de violencia, and las problemas sociales and económicos que producen, va a continuar de subir. También, estés líneas demuestran uno desconocimiento total de la realidad de la vida de expatriados. En los casos de expatriación, la esposa está obligada de renunciar su trabajo and carrera para seguir sus maridos a los países extranjeros donde es imposible o muy difícil de obtener un permiso de trabajo y/o puesto de trabajo. En mi caso yo no trabajé (fuera de la casa) durante mi matrimonio porque yo no podía trabajar al extranjero and no porque yo no quise trabajar fuera de la casa. Yo sacrifiqué mi carrera and oportunidades por estudios superiores en deferencia del trabajo mi ex marido al extranjero, haciendo 8 mudanzas internacionales en los 20 anos, and en la mayoría de casos no tuve permiso de trabajo en dicho países. Se debe notar que el juzgado de Mostoles tiene jurisdicción sobre Villafranca del Castillo, Villanueva de la Cañada, Valdemorillo, and Boadilla del Monte, que tiene comunidades de expatriados dentro del mas muy grande de Madrid and entonces jueces deben ser muy familiar and consiente de las circunstancias particulares de las familias expatriadas que viven allá and sus condiciones and desafíos laborales.

• “En esta líneas destacamos que preguntada en meritada vista por cambios en su situación laboral desde la celebrada en medidas provisionales en el propio interrogatorio que ninguna, no habiéndose de hecho siquiera inscrito en el INEM como demandante de empleo, mostrando así desinterés en la obtención de trabajo, de donde, si en el periodo de los dos anos que fijamos, no accede al mundo laboral, será por causas en exclusiva de su voluntad,” En primera línea yo no estaba inscrito en el INEM en 2009 porque me encontraba en EE.UU sin domicilio fijo and apenas sobreviviendo. El hecho que los jueces “saltaba al conclusión” que yo no estaba buscando trabajo solamente porque no estaba inscrito en el INEM demuestra otro vez como opiniones judiciales estaban basado sobre prejuicios and suposiciones en lugar de los hechos and lógica. Al final de 2008 yo estaba en la calle en España, sin dinero, sin trabajo, and al 47 año (con 20 años fuera del mercado laboral) era imposible de encontrar un trabajo, sobre todo con él crisis económica. Durante 2009-2012 en EE.UU. solamente yo he podido encontrar trabajos temporarios, dos veces recurriendo al seguro de desempleo, and tuve el derecho de cobrar “welfare” pero no podida porque yo era sin domicilio fijo. Yo tuve suerte que no estaba restringida al mundo laboral en España donde la discriminación por mujeres “mayores” es tan abierta hasta que en anuncios de trabajo abiertamente dice “mayores de 30 anos no deben contactarnos…” También, se debe notar que sobre un ocasión yo era despidida de uno trabajo en EE.UU. porque “mi situación como víctima de violencia de género and problemas legales relatado con mi divorcio en España, volvieron la gente en la oficina inconfortable” (así me han dicho contextualmente). Todavía el actitud de molestia, disgusto and ostrcizacion hacia la mujer que atreva de denunciar la violencia de género o cualquier abuso de poder contra ella está muy arraigado en nuestras sociedades; and se explica mucho porque abogados, jueces, equipo psico-sociales de tribunales, mediadores de divorcios, etc. Están “tapando” and suprimiendo evidencia de abuso and violencia en la casa con contenciones and “diagnosis” de sindroma de alienación parental (SAP) and denuncias falsas. Hasta que exponemos and denunciamos las tradiciones, prejuicios and personas que protegen losabusadores en las sociedades, los tribunales continuaran de favorecer abusadores. Se hace falta más estudios empericas sobre las prejuicios, tradiciones and dinámicos de estés actitudes, pero sus existencia son bien demostrados en estudios (vea el reporte ajuntado Abuso domestico and discriminación contra la mujer en los tribunales – violaciones de derechos humanos and civiles). Se debe notar que en 2008, yo busque un trabajo en España pero era imposible de encontrar algo. También, mi abogado me aconsejado de no buscar un trabajo hasta que el divorcio era declarado, porque no solamente yo no seré acordado la custodia de mis hijos pero no recibirá ningún pensión compensatorio. Cualquier decisión judicial que no acordara la custodia a una mujer porque trabaja, pero que no considera el estado laboral del hombre en decisiones custodiales es completamente discriminatorio contra la mujer. También, en relación del anteriormente dicho, el Instituto Nacional de Estadísticas (vea documento #10) dice que solamente 11% de mujeres separadas/divorciadas reciben pensiones compensatorias. Lo que quiere decir que en 2010 en España solamente 12.135 mujeres del edad promedio de 42 años recibieron pensiones compensatorios (y a sumas que le dejen en pobreza terrible). Pero, si después un año después del divorcio se pueden quitar el pensión a la mujer porque considera que no ha hecho bastante esfuerzos de encontrar trabajo (sin ningún evidencia) o al reverse se quita el pensión porque ha conseguido un trabajo, la tasa de pensión compensatoria de mujeres, que tienen MUCHAS dificultades de encontrar trabajos con sueldos decentes, se acerca al 0%; dejando mujeres que han pasado sus vidas dedicadas a sus familias en un estado de pobreza horrible después del divorcio (vea documento #10). Estés estadísticas DEMUESTRA CLAREMENTE QUE MUJERES EN ESPANA SON DISCRIMINADA EN EL DIVORCIO PERO SON LAS AMAS DE CASAS QUE SON MAS DISCRIMINADAS. Las ideas que tienen los jueces sobre el mundo laboral and las posibilidades de empleo de amas de casas que han sido fuera del mercado laboral durante muchos años, demuestran una falta de entendimiento total sobre las realidades del mundo moderno, and muy preocupante por gente que decisiones tiene un impacto tan importante sobre la vida de tantas mujeres and niños. TANTO QUE SI ACTORES ESTATALES SON RESPONSABLES DE VIOLACIONES DE DERECHOS HUMANOS and CIVILES.

•  “dado su edad las reales posibilidades de acceso al mercado laboral la verdadera dedicación pasada a la familia, confiada a empleada de hogar, siendo el progenitor masculino el que ha apoyado a los hijos comunes en las tareas escolares, e inexistente la necesidad de dedicación presente and futura” Estés líneas son quizá el más discriminatorio a las amas de casas como se demuestra una falta de entendimiento and apreciación por el trabajo de la mujer and madre dentro de la casa. and la idea que cuando ya no se necesita más a la esposa and madre, se lo tira a la calle sin nada, ni reconocimiento financiero, ni reconocimiento emocional es muydiscriminatorio and preocupante sobre la estima en el cual se considera la mujer en España. También, cualquier que se puede creer que la sola responsabilidad o trabajo de una pariente es ayudando hijos en tareas escolares (QUE SIEMPRE HA SIDO YO and NO SU PADRE) es muy, muy preocupante. Como fundadora de una organización/empresa dedicada a ayudar familias and niños para que sean bien equilibrados and productivas en la sociedad es muy preocupante. La falta de entendimiento total sobre las realidades de creer and educar niños bien adaptados, responsables, educados, bien equilibrados, etc. para ser adultos preparados para contribuir de una manera positiva and constructiva a la sociedad es otra vez muy preocupante and discriminatorio sobre las amas de casas/madres como “trabajadores” dentro de una sociedad. Además, en relación de este prejuicio contra la mujer/ama de casa se debe considerar Art. 97

• 1ª Los acuerdos a que hubieren llegado los cónyuges. El acuerdo and así contrato que yo tuve con mi ex marido, figado por 20 años de acciones acostumbrados and en acuerdo con artículo 2 de Los Principios del Ley Contractual 1999, era que yo renuncié mi carrera, perspectivas profesionales and estudios superiores en deferencia del empleo de mi marido como ejecutivo expatriado del BBVA. Yo dedique mi tiempo a la educación and desarrollo personal de nuestros hijos, and nuestro hogar and familia. Yo ejecuté todos estés obligaciones and deberes mucho más allá de mi deber, and el subida profesional de Señor González tuvo mucho a ver con mis contribuciones “sociales” dentro de las comunidades expatriados (vea documento #11 – CV de Quenby Wilcox), sobre todo dentro de las familias expatriadas del BBVA, tanto que mi apoyo emocional ENORME a Señor González, sobre todo durante un tiempo supremamente difícil para él en relación de su trabajo con el BBVA en Bogotá, Colmbia. Además, después que mis hijos empezaron el colegio, he pasado las horas escolares trabajando en la comunidad, así contribuyendo de la reputación de la familia. En cambio por todo eso mi ex marido asumirá la responsabilidad and seguridad financiero de mí and nuestros hijos. Bajo el ley de gananciales and leyes españolas sobre el matrimonio and su disolución, yo tuvo razón de creer que los costumbres sobre cuidado de los niños and manteamiento financiero seguirá mismo en el caso de disolución de nuestra matrimonio. Yo estaba desarrollando un negocio desde la casa para participar financieramente a la familia como mis hijos eran más mayor, and estábamos en una situación preocupante financieramente, pero bajo el principio de persona razonable si una mujer renuncia a su carrera en deferencia de la carrera de su marido and bienestar de la familia, hay una obligación moral and legal que el marido tiene que asegurar que vive con dignidad and confortablemente dentro de sus posibilidades, mismo en caso de divorcio. Debe notar que bajo el ley de contracto europeo, los partidos a un contrato de empleo son acudido unos derechos sobre seguridad de empleo, compensación financiero, seguro de salud, condiciones de trabajo seguros, seguro de desempleo, derechos de pensiones, etc., and bajo el principio de la persona razonable amas de casas deben ser acordado de los mismos derechos que cualquier empleo en la sociedad. El hecho que tribunales del divorcio no reconoce el matrimonio como contractual ni un trabajo, con los mismos derechos del cual quiere otro trabajo es discriminatorio, and relega las amas de casas al situación de servidumbre; en violación del artículo 4 del Declaración de Derechos Humanos, inter alía.

•  “se habrá enjugado and subsumido por completo el desequilibrio efectivo que le ocasiono la ruptura de su matrimonio… , siendo este periodo suficiente a adaptarse a las exigencias del mundo laboral actual, si muestra al respecto la debida actitud and adecuado esfuerzo, lo que ha lo va requerir grandes sacrificios por su parte en razón de la formación con la que cuenta…Reiterarnos, en el plaza de dos anos, computados en los términos dichos, se considera que la recurrida se encontrara por su indudable aptitud and cualidades, en situación de satisfacer con autonomía sus necesidades básicas, sin precisar de prestación del marido, en plena disposición de tiempo para su preparación e inserción al empleo, de modo que si transcurrido el periodo que matrimonio a la quiebra del mismo, sino a factores ajenos a estos por completo, como pueden ser el tiempo de dedicación al trabajo, el sector seleccionado para prestar los servicios, la características actuales del mercado, al esfuerzo personal que se demuestre en ello, a la propia actitud, al azar…. en igual situación frente al empleo que se encontraba antes de contraerlo, advirtiendo por cierto en este punto, que al momento de contraerlo Doña Quenby no pasaba de estudiante… pues el que postula tal derecho da de estar en posición de inferioridad económica respecto de la que disfruta antes en el matrimonio…hasta el momento en que aquella aceda a un empleo, en todo caso, en el periodo máximo de dos anos, computados desde la fecha de la sentencia de instancia, transcurrido en cual se extinguirá automáticamente, de no háblese obtenido trabajo antes, and sin necesidad de nueva declaración. Otra vez es muy preocupante en estés líneas la falta de entendimiento de la realidad and lógica sobre amas de casas que vuelven al mercado laboral después de estar fuera muchos años, tanto que las ideas discriminatorios. La idea que una mujer que lleva 20 años fuera del mundo laboral and en dos años se puede reintegrarse and subir al nivel de responsabilidad and sueldo que hubiese tenido si jamás ha dejado de trabajar es alucinante and solamente se puede justificar con la creencia que mujeres son incapaz de avanzar and subir en el trabajo igual que los hombres; claramente discriminatorio contra la mujer. Luego el hecho que después 2 años and medios de divorcio él no tiene que pagar ningún pensión compensatorio, que de todos modos no estaba pagando casi desde el principio, and claramente favorece al hombre. Se debe notar que en el año 1987 yo, con el mismo edad de mi ex marido, menos estudios and en el mismo profesión de finanzas, ganaba bastante más que Señor González, and si yo hubiese quedado en el mundo laboral, o podía acceder a los fondos de pensión compensatorio que me debe Señor González para montar mi negocio, yo será ganando un sueldo más elevado que él. and es exactamente porque él esta, and siempre ha sido, tan desesperado que yo no trabaja fuera de la casa; la vergüenza de tener una mujer exitoso en el mundo laboral, sobre todo después que él ha destruido su carrera, será por su ego machista el peor de todo.

• ..hay que tener en cuenta que la mayor parte de las separaciones and los divorcios tienen una incidencia negativa en la económica de ambos cónyuges” El declaración que los divorcios tiene una incidencia negativa en la económica de ambos cónyuges también demuestra la falta de entendimiento de la realidad sobre el discriminación en los tribunales de divorcio. Estudios demuestra que “los ingreso del hombre suben a 120% después del divorcio, mientras que los ingresos de la mujer bajan por 33% (Wishik, 1986), los estándares de la mujer decline 73% en el ano después del divorcio, mientras que lo del hombre subió 42% (Weitzman, 1985).

•  “Que nos permita considerar que la pérdida de empleo [de Javier González de Alcalá] es a estas efectos relevante, como ajena a la voluntad del actor recurrente, cuando refiere que se debe a absentismo laboral injustificado, sin indicar siquiera haber impugnado el despido en el marco de la jurisdicción laboral.” La actitud de Sr. D. Francisco Javier Correas González, Sr. D. Ángel Sánchez Franco, Sra. Doña Rosario Hernández Hernández que cuando es la mujer que ha sido fuera del mundo laboral durante 20 años, ella no puede encontrar trabajo por mala fe de su parte, pero cuando el hombre esta despedido después de 25 anos en el mismo empresas es por mala fe de parte de la empresa es claramente discriminatorio contra la mujer and favorece al hombre. Estés actitudes demuestra una doble estándar flagrante. También, si Señor González ha perdido su trabajo por “absentismo laboral injustificado” poco después del divorcio se demuestra SU INCAPACIDEZ de gestión una casa, mantener un trabajo and cuidar a nuestros hijos todo a la vez. Durante 17 años yo he hecho todo eso, sin remuneración, and sin ningún problema. Eso demostra claramente un error profesional muy grave de la parte de Doña Pilar Saldaña Cuesta en acordando la custodia de los niños al padre. Se debe notar que ella no solamente ha hecho un error grave en acordando la custodia al Señor González, pero también en entregándolo todos los recursos financieros and patrimonio familiar. El siempre ha sido completamente irresponsable con la gestión del dinero. Es por esta razón que yo tuve que encontrar and montar un negocio que eventualmente podía asumir la seguridad financiero de mi familia. and por la falta de debido diligencia de la parte de todo el mundo implicado en este divorcio, el poco patrimonio que yo estaba intentando de salvar esta perdido para siempre. No solamente la falta de abogados de entender manipulaciones judiciales defraudó mí and mis hijos de nuestra patrimonio, pero cuando mi ex marido terminará perdiendo todo soy yo que será encargado de mantener a él. Pero, mismo después todo lo que me ha hecho, es el padre de mis hijos, era mi marido durante muchos años, and yo tomo las responsabilidades and obligaciones de ser pariente and esposa (mismo ex esposa) muy enserio. Eso son los verdaderos valores de “familia”, no las ideas arcaicas que yo he encontrado en los últimos 4 años sobre el matrimonio, la mujer and el hombre.

[iii] PROPOSED FINANCIAL SETTLEMENT

JAVIER GONZALEZ DE ALCALA VS. QUENBY WILCOX

I am requesting financial settlement and liquidation of assets in consideration of the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power and the Equality Act 3-2007.

Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power

• Art. B 18. “Victims” means persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that do not yet constitute violations of national criminal laws but of internationally recognized norms relating to human rights.

• Art. 19. States should consider incorporating into the national law norms proscribing abuses of power and providing remedies to victims of such abuses. In particular, such remedies should include restitution and/or compensation, and necessary material, medical, psychological and social assistance and support.”

Equality Act 3 – 2007

• Article 11. Positive action

“In order to ensure the effectiveness of the constitutional right to equality, public authorities will adopt specific measures favouring women to correct situations of obvious de facto inequality with respect to men. Such measures, which will be applicable while the situation subsists, must be reasonable and proportional to the objective pursued in each case.”

• Article 13. Burden of proof

“Pursuant to procedural law, in proceedings in which the plaintiff alleges discriminatory conduct on the grounds of sex, it will be incumbent upon the defendant to prove the absence of discrimination in the measures adopted and their proportionality.

For the intents and purposes of the provisions of the preceding paragraph, where deemed useful or relevant, judicial bodies may request a report or opinion from the competent public bodies, ex parte.”

In consideration of the following financial settlement it should be noted that since 2007 I have been asking (and asking) that my legal counsel petition the courts a subpeona requesting that BBVA deliver all financial information regarding salaries, bank statements, deposits, and any and all assets and/or liabilities in the name of Javier Gonzalez de Alcala under common property law (as defined by art. 1316, 1318, 1319, 1322, 1328, 1344, 1345, 1346, 1351,1361, 1371, 1375, 1376, 1377 and 1390, inter alía of the civil code) during our marriage (1991 until October 2008), under art. 33.3 of the Spanish Constitution, art. 23 International Pact of Civil and Political Rights,  art.15 and 16 the Convention on the Elimination of Discrimination of Women, inter alia. The failure of my lawyers and the presiding judge to access this information as well as all funds and assets that belong to me under common property law are in violation of art. 252, 250.7, 267, 512, 29, 17.2, 22.1, 22.2, 22.4, 22.5, and 22.6 of the penal code.

And, since these acts have been due to discriminatory traditions and customs (see Instituto de Mujer Denuncia – Quenby Wilcox – Discrimination against Women by the Courts) and constitutes indirect discrimination under art. 6 of the Equality Act, the burden of proof of the inexistence of the following assets, liabilities and/or financial reparations fall on Senor Gonzalez de Alcala (or any other person who has incurred a financial liability for damages caused under art. 17, 22, 28 and 29 of the Spanish penal code) under art. 10, 11 and 13 of the Equality Act.

1. € 1.200.000 for lost net profits of Global Expats in the past 2007 – 2012 (Salary of €200.000/year).

In July of 2007 my ex-husband threatened to take away my children, all of my assets and throw me on the street with nothing, if I did not stop working on this project. Additionally, these threats continued into 2008, escalating to threats on my life, assuring me that he had the power and connections to do as he promised.

Everything that occurred in the past years has been with the expressed intention of preventing me from creating and developing my company; or more concisely under terminology of the UN Commission on Human Rights reports “punishment” for my “disobedience.”

Project on a Mechanism to Address Laws that Discriminate Against Women

-Office of the High Commissioner for Human Rights – Women’s Rights and Gender Unit

Obedience Laws – Husband’s marital power

… All States include leaving the home without permission or disobeying instructions about working or not working outside the home as conditions likely to lead to a wife being said to be disobedient.489 This denial of a woman’s independent or unfettered right to work outside the home may be because the husband is supposed to support her. However, the effect is to create dependence….

The obvious question is to why? The response is simply. Abuse of power whether it be in the home or community at large is about control, domination, and submission. And, the greatest weapons abusers have are the ignorance, misinformation, short-sightedness, and prejudice of people as well as the network the abuser has at his disposal.

Additionally, my ex-husband’s efforts to prevent me from creating Global Expats violate his duties and responsibilities to me under art. 67 and 68 of the Spanish civil code, and should be held financially answerable for his failure to live up to these obligations.

Whether any public or private authority (s) intentionally or unintentionally, knowingly or unknowingly, participated in actions that infringed upon my rights under Spanish or international law is immaterial. The State has an obligation of due diligence in assuring that my rights are protected. I cite the following:  

Spanish Constitution

• Art. 35.1 “All Spaniards (and aliens under art. 13.1) have the duty to work and the right to employment, to free choice of profession or trade, to advancement through their work, and to sufficient remuneration for the satisfaction of their needs and those of their families; moreover, under no circumstances may they be discriminated against on account of their gender,” and

• Art. 38 “Free enterprise is recognised within the framework of a market economy. The public authorities shall guarantee and protect its exercise and the safeguarding of productivity in accordance with the demands of the economy in general and, as the case may be, of its planning.”

Declaration of Human Rights

• Art. 5 “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”

• Art. 7 “All are equal before the law and are entitled without any discrimination to equal protec­tion of the law. All are entitled to equal pro­tection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Convention on the Elimination of Discrimination Against Women (CEDAW)

• Article 2  “States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination; (d) To refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligation; (e) To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise; (f) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women;”

• Art. 11.1. “States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular: (a) The right to work as an inalienable right of all human beings; (c) The right to free choice of profession and employment,”

• Art. 15. 1. “States Parties shall accord to women equality with men before the law.”

• Art. 15.2. “States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals. (h) The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.”

Covenant on Civil and Political Rights

Art 2.3. Each State Party to the present Covenant undertakes:

(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;

International Covenant on Economic, Social and Cultural Rights

• Art. 6.1 “The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right.”

• Art. 15.1 “The States Parties to the present Covenant recognize the right of everyone:  (b) To enjoy the benefits of scientific progress and its applications; (c) To benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.”

The target market of Global Expats

• Consists of 50 million expatriated families around the world

• Expatriated families generate spending of €11,5 trillion/year, enabling advertisers on Global expats website to reach these markets

• At present, Global Expat audiences produce 20-25 million page views/month on expat websites, with www.global-expats.com (with total inability to develop the product) consistently generating 75,000 page views per month since its inception. Target “page view/months” by FY2-3 of new website is estimated at 10-20 million page view/months.

• Global Expats Linkedin.com and Facebook.com social media campaign in 2011-2012 has generate almost 2000 members and much interest from companies within the global mobility industry, HR department of multinationals, US State Department – Foreign Service HR Division, members of Family in Global Transitions (FIGT – www.figt.org),  and trailing spouses around the world.

Additionally, the project will generate hundred of employment opportunities for unemployed, expatriated homemakers in the first 5-10 years, and thousands thereafter (see prospectus on www.global-expats.com/expat.aspx?section=english/about-company.)

Not only has my ex-husband, and person or persons implicated, denied me my right to free choice of employment, and any and all fruits of my labors, but have hampered my ability to produce gainful employment for many other women.

2. €450.000 of lost savings and investment capital during the marriage

Under Art. 1371, 1375, 1376, 1377 and 1390 of the Spanish civil code during our marriage not only was my ex-husband obligated to consult me and respect my wishes in regards to the management of family assets and savings, but he can be held financially responsible for my portion of losses.

Under the aforementioned articles of the Spanish civil code as well as CEDAW, Article 16.1. (h) “States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women: The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.”

I am asking for damages and financial reparations for the extraordinarily irresponsible trading loss incurred by my ex-husband in 1997-98. He bought and lost €450.000 (the family savings in its entirety) of new-issue stock in a highly volatile speculative industry. Not only was this done without my consent, but was done against my expressed instructions. It should be noted that the two low risk/moderate return investment options that I had proposed to him at the time would be worth €1.285.700 or €2.791.800 today.

Under the reasonable person principle it is impossible to consider that his actions were in any way shape or form, investing. They broke every single basic rule of investing and financial management, and for a currency trader of 20 years/Director of the Treasury Department of an international bank, it is absolutely inexcusable.

Initial investment of €450.000 and at a compounded interest of 4.5% (average of certificates of deposit in past 12 years) it would be worth today €763.146,64 ÷ 2 = €381.573

3. As mentioned before under Art. 1375, 1376, and 1377 of the Spanish civil code not only was my ex-husband obligated to consult me and respect my wishes in regards to the management of family assets and savings, under art. 67 he was obligated to act in the best interest of his family.

In June 2007 I found bank statements indicating that my husband was once again irresponsibly invested in the stock market.

In the ensuing months, by every means, I tried to impress upon him the inevitability of a market crash, and the riskiness of his stock position. He adamantly refused to listen to me, even threatening to take all of our saving and “lose it all on purpose.”  Under the reasonable person principle, purposely losing all family savings, or threatening to do so, is not in the best interest of one’s family.

I sent him a certified letter, through his lawyer in early 2008, requesting that he liquidate his long position and that we start examining global options markets in order to invest € 20.000  (7% of savings and .7% of assets,) in a variety of derivative, short positions. It is difficult to calculate the lost opportunity cost, but the return on investment could have easily reached €1.000.000 or more . Financiers who went “short” before the 2008 crash made literally a fortune.

I abstain from including lost opportunity costs of 2008 in my calculations, as they are speculative, but would like to introduce them as evidence to as to my ex-husband’s continual refusal to respect my wishes in investment decisions, which even before my marriage were always based on principles of responsible financial management. = €0.0

4. €175.000 – Renounced higher education opportunities in deference to my ex-husband’s career.

In addition to sacrifices to my career and financial benefits during my marriage, I sacrificed educational opportunities. If I had possessed these degrees at the time of my divorce, then my marketability and income level would have been substantially higher than my present income of $24,000/ year. I am requesting replacement value of lost educational opportunities.

• Law degree in international law, renounced in 1989 (Miami) –  $150.000 usd  €120.000

• MBA, renounced in 1993-1994 (Brussels) (in court documents there is reference to my “masters in GMAT.” GMAT’s is the entrance exam into an American MBA programs NOT a degree or diploma! $70.000  usd  €55.000

• Master in Jewelry Design and Fabrication,  renounced in 1996 (Paris) – $44.000 usd €33.000

TOTAL = €175.000

5. Sept 2007 – Dec 2008 – Retention of ½ of my husband’s income, which under art. 1347 of the Spanish civil code belonged to me. (During these months my ex-husband cancelled my credit cards on 3 occasions in violation of  art. 1318, 1319, 1362, 1366, 1368*, 1369, 1374, 142, 143 and 154 of the civil code). This information should have been introduced as evidence as to his abuse during judicial proceedings, but my lawyers failed to include it. = (€155.000 annual salary ÷ 12) X 14 months ÷ 2 =  €90.400 (minus €500 alimony paid X 10 = €5000 and minus €1.500 X 10 child support = €15.000) = €90.400 – €20.000 = €70.400

*art. 1368 – Common property shall also be liable for obligations entered into by only one of the spouses, in the event of de facto separation, to attend to maintenance, insurance and education expenses of the children for whom the community of joint assets is responsible.

Income withheld from me September 2007 – October 2008  = €70.400

6. Dec 2008 – April 2012 – Back alimony minus child support payments as agreed upon in December 2008. € 15.200

7. €256.045 of stocks and time deposit in single and joint name accounts plus compound interest of 3% 2007-2010

It should be noted that the joint name account was opened in May 2007, and in July 2007 I attempted to withdraw funds from it as consequence to my husband’s repeated threats to purposely lose all of our savings. The bank denied me access to these funds as they contended that the joint account was dependent on my husband’s single name account; therefore, no funds could be withdrawn without his authorization. However, after our divorce the bank allowed him to withdraw all funds from this joint name account without my authorization.

Why after 17 years of marriage, keeping all bank and investment accounts under his name, he chose to open a “false” joint account is a matter of speculation. And, it is a question my lawyers should have raised during divorce proceedings. Additionally, the possible existence of such account in Spain is in violation of:

• Spanish Constitution Article 33. 3. “No one may be deprived of his or her property and rights, except on justified grounds of public utility or social interest and with a proper compensation in accordance with the provisions of the law.”

•  CEDAW Arts. 15.3 and 3. “States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.”

Additionally, under art. 3 of the Spanish Equality Act. 3- 2007 I deserve to be compensated for any discriminatory actions or consequences therein that were a direct or indirect result (art. 6.2 of Equality Act 3-2007) of the existence of said bank account and whose legality is dubious. If the bank had provided me access to my funds of said account in July 2007 not only would I have had provided monies with which to cover legal fees for my divorce, but also funds with which to initiate legal proceedings in Florida against my web designers (www.global-expats.com) and their ongoing breach of contract.

• Equality Act 3-2007 Article 10. “Legal consequences of discriminatory conduct – Any act or clause in legal transactions constituting or causing discrimination on the grounds of sex will be considered to be null and void and will give rise to liability both through a system of redress or indemnity that will be real, effective and proportional to the injury suffered and, as appropriate, through an effective system of deterrents consisting in penalties to prevent discriminatory conduct.”

8. € 200.000 – One half of €400.000 legal expenses incurred during divorce proceeding, including 20% of liquidation of final property settlement. As all legal expenses of my ex-husband were paid with from common property funds, and as Senor Gonzalez de Alcala is, and has, illegally retained my funds since September 2007, under art. 1390, 1391, 1766, 1767, 1094, 1098, 1101, 1102, 1106, inter alia of the civil code, and art. 11, 12, 15, 17, 21, 22, 23 250.7 and 252, inter alia of the penal code.  I request equal treatment and compensation for damages under articles 9, 10, and 11 of the Equality Act 3-2007.

1. € 1.200.000

2. €    381.573

3. €            0.0

4. €    175.000

5. €      70.400

6. €      15.200

7. €    144.095

8. €    200.000

TOTAL                 € 2.027.132

Additionally, as no mortgage exists on our home, nor is there any legal justification as to why I should have been held 100% responsible for any alleged mortgage, I will retain 50% equity, and ½ of the proceeds upon the sale of our home at fair market value. Market value in 2012 is €950.000

It still remains unclear to me exactly where any loan or credit is held in my ex-husband’s name, or even if said loan, amortized at €2,150/month in salary deduction for the past 5 years, exists. However, under art 1385 of the Spanish civil code my ex-husband will assume this debt in its entirety, regardless of whether it exists in fact or on paper.

If Javier González de Alcalá is unable to pay the € 2.027.132 up front, I will accept a payment of € 800.000 in cash, with monthly installments of € 5.113 over 20 years. Upon failure to comply with monthly payments, Xavier Gonzalez de Alcala will be held responsible for all and any legal costs associated with their reclamation. Inability to conclude full payment will cause full equity of our home to revert to me, and Xavier Gonzalez de Alcala will vacate the premises, forfeiting all and any rights to proceeds upon its sale.

However, in order to avoid any further litigation in Spain, AND ABOVE ALL IN INTEREST OF OUR CHILDREN, I will accept the following:

• Settlement of € 850.000 that Javier González de Alcalá shall pay to Quenby Wilcox, to be paid € 600.000 in cash and monthly payments of € 5000/month for the next 5 years. I will be willing to waive these payments and forgive any pending debt when my company starts generating financial independence and security for me and my children. This is contingent upon his abstinence from aggression, harassment or any other form of abuse towards me and our children. Failure to comply in the next 10 years will be grounds for my reclamation of any pending debt and payments.

• Both parents will be responsible for assuming the financial needs of our children until they have finished any and all studies. However, during the time it takes to create my business and generate revenues, I will be responsible for child support payments at a rate of €75/month per child.

• I will reside in Spain as long as my children wish to continue their studies and/or live there. But, I retain the right to travel outside of Spain with them with no reprisal or retention of financial support from their father in case of such trips. Failure to comply will result in modification of this agreement.

• If need be, upon my return to Spain in 2012, I will reside in the pool house for the period it takes me to find and rent proper accommodations in Villafranca del Castillo/Villanueva del Pardillo/Majadahonda area. This period will not exceed 6 months. I promise that I will not have any over-night guests, other than perhaps members of my immediate family (ie. niece, nephew, sister, brother, etc.) During this time, my ex-husband will refrain from any harassment, aggression, or any other form of abuse towards me or our children. Failure to comply will result in modification of this agreement.

It should be noted that I will do everything possible to minimize the amount of time of residence in the pool house. I intend on staying with friends upon my immediate arrival in Spain, and depending on the ease and rapidity of finding rental accommodations, my residence in the pool house may not be necessary.

If my ex-husband threatens, bullies, or uses any coercive forces on our children, or if I believe that their safety or well-being is in jeopardy, I will solicit sole custody and domicile of our home from the courts, until which time they have finished their studies.

• Javier may continue to reside in our home for as long as he wishes, but will refrain from using it as collateral in any loan application. Additionally, he will assume all costs in regards to its proper maintenance and repairs and failure to do so will be grounds for modification of this agreement. No reforms or modification to the home will be made without my written consent.

As long as I have no financial need for my portion of the equity of this home, I agree that it will remain common property of my family and not be sold, and the principle residence of Javier Gonzalez de Alcala. It has always been my desire that a residence in Spain, as my desire for one in the USA, be maintained for the use of my children and their future families.

• One half of the furniture and household items of our home will be made available to me upon my installation in proper housing in Spain. All of my jewelry making equipment and machines as well as the 3 lots of emeralds, and personal objects remove from me by my husband in 2007-2008 shall also be returned. Replacement value of these goods, €70,000, will be added to the financial settlement, if they are not returned.

• The VW Golf 1989, matriculation M 5087 MM, will be awarded to me, with any damages to its interior or exterior repaired before delivery, the cost of which will be assumed by Javier. It was in perfect working condition in January 2009, with only a few “cosmetic” wear-and-tears. Additionally, all cost associated with its maintenance, taxes, etc., from 2009 until delivery will be assumed by Xavier Gonzalez de Alcala.

• Additionally, Xavier Gonzalez de Alcala will agree to withdraw any judicial proceedings against me and refrain from initiating new ones in the future. He will also cease and desist his harassment and stalking of me in all forms. Failure to do so will result in modification of this agreement.

• I will be provided with all tax return information and pertaining documentation from 1990 -2008 in the name of Xavier Gonzalez de Alcala. (This is based on the assumption that any monies received by me in Spain from my ex-husband, will be considered revenue and produce a tax liability. Since these monies are just a transfer of title of assets under common property law, and which have already been taxed as income revenue, I intend on contesting any tax liability generated.  I, therefore, will require appropriate documentation of income and corresponding tax payments. If my assumption is erroneous, I will not require tax returns, etc.)

• While I will not include as stipulation to the agreement, I hope that Xavier will seek help for his anger management issues. If he is willing to seek COMPETENT professional help we might one day be able to have a cordial relationship. One of my greatest regrets is the degree to which gross incompetence and negligence of marriage counselors in Colombia and then Madrid, contributed to the demise of our marriage. One of the projects I am involved in at present is in the area of prevention of domestic abuse, rather than crisis management after the fact; THE PRIMARY REASON SO MANY WOMEN AND CHILDREN ARE BEING KILLED EACH YEAR.

If Javier does not wish to accept the €850.000 agreement, nor does the judge’s decision comply with the conditions set forth in my proposed settlement and

€ 2.027.132 financial settlement, I wish to exercise my rights to file a recurso de amparo with the Constitutional Courts of Spain under art 12 of the Spanish Equality Act 3 -2007. I do realize only violations of articles under section 1 of Chapter 2 of the Spanish Constitution (excluding section 2) are admissible in recurso de amparo may but I do intend on citing violations under section 1 in conformity with international treaties, particularly the CEDAW, a well as the homemakers right to recognition as a“legitimate job” and right to work under art. 35 of the Spanish Constitution. 

If I am unable to arrive at an equitable financial settlement with Senor Javier Gonzalez de Alcala, and/or liabilities incurred by negligent legal counsel in Spain, I will be seeking reparations within international tribunals for personal financial and moral damages, as well as financial damages incurred by Global Expats (lost income and profits) from 2007 until which time a settlement is reached.