Dave Holloway, the father of missing Natalee Holloway, has asks the courts to declare her dead.
It has been more than six years since Natalee Holloway went missing in Aruba on a class trip in May of 2005. Dave Holloway is asking the probate court to declare her dead. Natalee Holloway has not been seen not heard from since she left Carlos N’ Charlies in a car with Joran Van der Sloot, Deepak Kalpoe and Satish Kalpoe. The initial court date is set for September 23, 2011. Dave Holloway is looking for an official declaration of death for Natalee Holloway.
Holloway wrote in a sworn statement that it was his “painful” belief that his daughter is dead and recounted the years spent investigating her baffling disappearance in 2005. He said there was no evidence to suggest Natalee is either alive or that she had run away from home.
“Prior to her trip to Aruba, Natalee had no medical issues, psychological issues or family issues,” the statement said.
Dave Holloway’s lawyer, Karen Hennecy, said Dave “is seeking closure for this family.” However, it appears that his ex-wife Beth Holloway was not aware of the legal proceedings. That may not be the best direction. Beth Holloway, said she was surprised her ex-husband filed the request.
“I only learned about this when I was handed the citation by a process server while addressing a large audience at a conference in Georgia,” she said in a statement. “I don’t know what this is about, or why Dave is taking this action at this time.”
A spokeswoman for Beth Holloway declined comment on whether she would oppose the petition.
The declaration of death, “order on legal presumption of death,” will take several court appearances and according to reports, the court papers reference homicide.
The process, which requires multiple hearings and publication of notices seeking information that she is alive, is expected to last into early 2012. Fewer than a half-dozen such cases are filed annually in Jefferson County, court officials said.
The petition makes several references to the homicide investigation conducted by Aruban authorities and the ongoing focus on Joran van der Sloot in connection with Holloway’s disappearance.