Dear beloved friends,

I'm so very happy to report that last week we filed the Appellant's Reply Brief for Eva's appeal, and now her case is - as they say - "fully briefed." I still can hardly believe it - there were so many times in the past 11 months that I questioned if we could actually do what it takes to complete all the steps.

We recently heard from an appeals lawyer that a significant percentage of people who file an appeal give up at some point during the process - either they run out of money for their lawyer or they just get overwhelmed and call it quits. The fact that we didn't do that is a success in itself.

Now we wait to hear back from the 6th District Court in San Jose. The court clerks say that after the briefs have been studied the court will send Eva notification that she has the right to oral argument. So  that's what we're preparing for next.

Meanwhile it's been since July 2015 that Eva and Bianca have been separated from one another. (It's still not easy to say those words.) They have only very sporadic phone contact, with Bianca's father controlling the phone. Bianca only gets to see Enrique and Vivianna very rarely and always her father is present - they can never talk privately. It's a truly tragic situation for mother, daughter and siblings.

But as you all know, Eva is a scrappy fighter. She is not one to give up, especially when her children are involved. Eva is keeping the Mexican government and the Hague Convention informed on the case - she'll be taking them the briefs and giving them an update - and we're practicing for the oral argument.

I will add one more thing: as often happens in life, the appeal process has taken much longer and costs more than we expected. We paid a legal documents assistant to help us with both of the briefs (and she was worth every penny!), and the filing fees and printing costs have added up. Any contributions, small or large, are oh so welcomed. But also know that we appreciate each of you so much, and please do not feel pressured. I'm just sharing the reality with you.

Thank you for all your love, friendship and support. We'll keep you in the loop, and will post an update as soon as we have news. Thanks again!




Hi Dear Friends,

It's been a busy month - it's hard to believe how much we've learned and accomplished in the past 30 days! We could still benefit enormously from legal assistance, but even without it we are moving full steam ahead. We are doing our research, meeting each deadline and preparing for the next. It's been an incredible team effort.

Since we filed the Notice of Appeal on March 27 with the Monterey Superior Court, we have also filed the Designation of Record, along with the court reporter's transcript of Eva's Hague Petition trial on Jan 30. The court did not provide a reporter for that trial, so it cost us $350, but it was well worth it. Hopefully the Jan 30 proceedings will appear as flawed to the appellate judges, once they read the transcript, as they did to us!

Now we've moved on to filing with the 6th District Court of Appeal in San Jose. Our first filing was the Civil Case Information Statement which included Judge Wills' judgment after the Jan 30 trial. His judgment is as shocking as the transcript - its brevity and vagueness convey how very little weight the court gave to a Hague Petition trial. Hopefully the appellate judges will see that too.

So overall, the news regarding Eva's appeal is good, but the heartbreak of having no contact with Bianca is taking an enormous toll on Eva emotionally. It's still been since Christmas Day that they were able to speak directly by phone. Since then Bianca's father was only allowing Bianca to leave brief voice messages on WhatsApp for Eva, but even that stopped six weeks ago. Tragically, Eva had no way to let Bianca know she was immediately replying. Indications show that he doesn't open Eva's messages, so Bianca doesn't hear from her.

Please know that our efforts have benefited so much from your love, caring, support and encouragement. We are fierce and determined. We are moving forward. There is no force stronger than a mother's love for her child. Thanks for adding your energy to this fight - it is so appreciated!

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Thanks to everyone's generosity we were able to take that first big step! Monday we filed "Notice of Appeal" with the court - setting the appeal process into motion! We absolutely could not have made that first leap without your help.

This entire process is, as one appeals lawyer describes it, "a field of landmines!" As emotionally and mentally challenging as it is, we remain fully committed and are busy working on the step: the transfer of documents from the lower court to the appeals court. The full cost of that is unknown until it actually happens, and we have less than a week until that deadline.

This is all to say that we still need financial help to keep going. We cannot do it without you, and we appreciate your love and support so much. Thanks to everyone, and all our love!

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Eva and Bianca have not seen each other since October 2015 when Bianca's father refused to return her and filed for full custody. You can only imagine what that does to both Eva and Bianca. Since then Eva has spent every day and every penny she has fighting to get her daughter back. She has no control over when or if they can even talk by phone. Christmas Day was the last time Bianca's father let them speak directly.

You can also imagine how costly this process has been for Eva. Over the last year and a half she has completely depleted her resources. Eva is still representing herself - as she has been from the beginning - but now having someone assisting us with the legal documentation makes all the difference. This help came just in the nick of time - the deadline to file the notice of appeal is only two weeks away! If Eva wins the appeal, Bianca will be returned to her, and a custody hearing will be held in Mexico.

Thanks again for getting us over the first hurdle - we have the $850 for the court fees to file the notice of appeal! Thanks so much for your love and support! Now we're working towards covering the fees of the legal documents assistant. All donations large and small are enormously appreciated! Many thanks, and please keep Eva and Bianca in your thoughts.

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Dear Friends,

Many of you know Eva Ruiz Gomez, my dearly loved god daughter, whom I've been close with since she was a young girl. I am reaching out for your help in raising funds so that Eva can file an appeal in her Hague Convention on Child Abduction case for the return of her daughter Bianca. Eva needs $850 to file the notice of appeal and, $250 for clerical assistance with the pleadings, and $400 for her flight to California for the appeal hearing.

It's been 16 months since Eva and Bianca have even seen each other - you can only imagine what this does to both of them.  Since October 2015, when Bianca's father refused to return her and filed for full custody, Eva has spent every day and every penny she has fighting to get her daughter back.  She has no control over when or if they can even talk by phone.  Christmas Day was the last time Bianca's father let her talk directly to her mother.

The Hague Convention has exceedingly high standards for cases they will take. Eva had to prove first to the Mexican Government and then to the Hague Convention that Bianca was illegally taken from her. Beyond that, Eva was able to prove that Bianca wants to come home, with audio recordings of phone messages Bianca left begging Eva to do something, to come and get her, to take her home.

Eva's case is very strong, but unfortunately her hearing was held in the very same Monterey family court, where a custody hearing over Bianca was held last year without Eva present. Eva lives in San Miguel de Allende, Mexico, and in January 2016, without her being legally served or present in court, a judge in Monterey, CA, stripped Eva of her parental rights and gave full custody to Bianca's father, while Bianca was visiting him in California.

At Eva's Hague Petition hearing last month, the judge repeatedly gave weight to the father's claims regarding Bianca's place of habitual residence, completely disregarding well-documented evidence from Eva disputing and disproving those claims. In the end, the judge dismissed Eva's petition, ruling against the recommendations of the Mexican Government, Hague Convention, US State Department and CA Attorney General's office.

There clearly appeared to be a conflict of interest when the same court that took Eva's child from her illegally was then the setting for the Hague Convention hearing which sought to remedy that and return her child to her. Our hope is that once Eva's case is heard in a court outside of Monterey County, she can get a fair hearing and her preponderance of evidence will be given the full attention it deserves.

If Eva's Hague Petition is granted, Bianca will be returned to her, and a custody hearing will be held in Mexico.  Eva is doing everything she can to get her daughter back. Both the Mexican Government and the Hague Convention support Eva in her appeal, and the case remains open.

You can imagine how costly this process has been for Eva over the last year. She has completely depleted her resources. Eva is representing herself - as she has been from the beginning - and we are looking hard for a pro-bono lawyer, but meanwhile she's up against a deadline to file the notice of appeal by the beginning of April.

We are sincere in saying that any amount helps, no matter how small - it all adds up! Your support is very much appreciated. Please keep Eva and Bianca in your thoughts. Thank you!

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Queridos amigos,

Muchos de ustedes conocen a Eva Ruiz Gómez, mi hija querida, a la que he estado cerca desde que era una niña. Estoy buscando ayuda para recaudar fondos para que Eva pueda presentar una apelación en su caso de la Convención de La Haya por el secuestro de menores por el regreso de su hija Bianca. Eva necesita $ 850 para presentar la notificación de apelación y $ 250 para ayuda de oficina con los alegatos y $ 400 para su vuelo a California para la audiencia de apelación.

Han pasado 16 meses desde que Eva y Bianca incluso se han visto - sólo se puede imaginar lo que esto hace a ambos. Desde octubre de 2015, cuando el padre de Bianca se negó a devolverla y solicitó la custodia completa, Eva ha gastado todos los días y cada centavo que ha luchado para recuperar a su hija. Ella no tiene control sobre cuándo o si pueden incluso hablar por teléfono. El día de Navidad fue la última vez que el padre de Bianca la dejó hablar directamente con su madre.

La Convención de La Haya tiene estándares extremadamente altos para los casos que ellos tomarán. Eva tuvo que probar primero al gobierno mexicano y luego a la Convención de La Haya que Bianca fue tomada ilegalmente de ella. Más allá de eso, Eva fue capaz de demostrar que Bianca quiere volver a casa, con grabaciones de audio de mensajes de teléfono Bianca dejó mendicidad Eva para hacer algo, para venir a buscarla, para llevarla a casa.

El caso de Eva es muy fuerte, pero por desgracia su audiencia se celebró en el mismo tribunal de Monterey, donde se celebró una audiencia de custodia de Bianca el año pasado sin presencia de Eva. Eva vive en San Miguel de Allende, México, y en enero de 2016, sin que ella sea legalmente servida o presente en un tribunal, un juez en Monterey, CA, despojó a Eva de sus derechos paternales y dio la custodia completa al padre de Bianca mientras Bianca estaba de visita Él en California.

En la audiencia de la petición de La Haya de Eva el mes pasado, el juez repetidamente dio peso a las afirmaciones del padre sobre el lugar de residencia habitual de Bianca, ignorando completamente la evidencia bien documentada de Eva disputando y refutando esas afirmaciones. Al final, el juez desestimó la petición de Eva, en contra de las recomendaciones del gobierno mexicano, la Convención de La Haya, el Departamento de Estado de los Estados Unidos y la Procuraduría General de la República.

Parece ser que hay un conflicto de intereses cuando el mismo tribunal que tomó a la niña de Eva de ella ilegalmente era entonces el escenario de la audiencia de la Convención de La Haya que buscaba remediar eso y devolver a su hijo a ella. Nuestra esperanza es que una vez que el caso de Eva sea escuchado en un tribunal fuera del Condado de Monterey, ella pueda tener una audiencia justa y su preponderancia de evidencia recibirá toda la atención que merece.

Si se concede la Petición de La Haya de Eva, Bianca será devuelta a ella, y una audiencia de custodia se llevará a cabo en México. Eva está haciendo todo lo que puede para recuperar a su hija. Tanto el Gobierno de México como el Convenio de La Haya apoyan a Eva en su apelación, y el caso sigue abierto.

Se puede imaginar lo costoso que ha sido este proceso para Eva durante el último año. Ella ha agotado completamente sus recursos. Eva se está representando a sí misma -como lo ha sido desde el principio- y estamos buscando un abogado pro-bono, pero mientras tanto se enfrenta a una fecha límite para presentar la apelación a principios de abril.

Somos sinceros en decir que cualquier cantidad ayuda, no importa cuán pequeño - todo suma! Tu apoyo es muy apreciado. Por favor, mantenga a Eva y Bianca en sus pensamientos. ¡Gracias!