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Author Topic: Hague Return Denied  (Read 16363 times)

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Offline SageDad

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Hague Return Denied
« on: April 28, 2009, 03:06:09 PM »
I have no details as of now as to what legal arguments the judge has used to justify her decision but her verdict is against my son's return...  

We have always known that the verdict in this court would be a cosmetic one that only really dictated which side would file the appeal.  I had believed for a time she would decide in my favor since I brought a mountain of evidence and thouroughly discredited everything my wife said.. and she was telling the wrong lies anyway, but when she began to not only allow the case to get dragged out but to contribute to it by scheduling hearings for well over a month apart I began to suspect she was leaning against me.  Her decision has an effective date of April 24th though notification of it has yet to published online.  It appears she hoped that by not publishing it online we would not know of it till the legal period within which we can file our appeal had passed (it's 10 days).  We still would not know if my lawyer hadn't driven 5 hours from Mexico City to check the court file in person.  

My wife and her attorneys presented no evidence pertinent to a Hague case and never made a single argument under the Hague Convention.  Both her and her lawyers treated this like a custody case though we repeatedly pointed out that it was not one.  Most states in Mexico give automatic custody to the mother for children under 7, sometimes 12.  Her closing arguments were about one page long (compared to our 80 pages) and said that the Convention of the Rights of the Child says that the "Best interests of the child" must always be taken into account and the CRC has the same level of legal precedence as that of the Hague Convention.
“What you seek is seeking you.”
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Offline liesl78

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Re: Hague Return Denied
« Reply #1 on: April 28, 2009, 03:14:17 PM »
Carlos, I'm so sorry.
 
I don't know what to say, I'm really, really mad right now...
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Offline tweinstein

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Re: Hague Return Denied
« Reply #2 on: April 28, 2009, 03:43:24 PM »
This speaks to the necessity for each country to designate a few judges with specific experience in the Hague Convention to handle all cases, regardless of where in the country the children are. Unfortunately, even the United States does not do this.

The only option you have now Carlos is to maintain a perpetually positive attitude and file an appeal.

Offline buckeye

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Re: Hague Return Denied
« Reply #3 on: April 28, 2009, 04:11:41 PM »
I'm so sorry.

Offline Bree

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Re: Hague Return Denied
« Reply #4 on: April 28, 2009, 04:54:39 PM »
Carlos - I'm so sorry!  I can not even imagine what you must feel right now.  Prayers for you and your son.
"Every parent who has a child and they tuck him in at night, or her in at night, and they wish the best and only the best and they will always protect the child and do whatever they can, but most of the time they don't have to prove it. I'm in the proving grounds, to myself and to my child.  I have to get him home and I will do whatever I have to. I'll never stop to save him."  --David Goldman

Offline Aida

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Re: Hague Return Denied
« Reply #5 on: April 28, 2009, 06:14:20 PM »
Carlos Please keep the faith. I am sorry for them doing this to you. You will win.;)

Offline Alezio

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Re: Hague Return Denied
« Reply #6 on: April 28, 2009, 07:52:49 PM »
Carlos, everything in life happens for a reason. We don't really know why bad things happen to good people but God knows what is better for each of us. Our time it is not HIS time. We just have to keep the faith and never give up hope! My children were taken in 2006 to UK. After 6 months the judge ordered the return, but unfortunately my ex-husband fled to Brazil and since then I've been waiting a year and a half for a hiring that never happen. I almost had my children here with me in 2007 and that makes me very sad. But I never gave up! I'm still working to get them back and if it was not supposed to be in 2007 it will be when God permits. Keep working and never give up!!!

Offline Teena

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Re: Hague Return Denied
« Reply #7 on: April 28, 2009, 08:20:18 PM »
Carlos, I am so sorry. Is there anything we can do? Please let me know. This can't be the end. You have to keep fighting and we will help.
« Last Edit: April 28, 2009, 11:03:36 PM by Teena »
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Offline Mom25

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Re: Hague Return Denied
« Reply #8 on: April 28, 2009, 10:59:01 PM »
Quote from: tweinstein;19963
This speaks to the necessity for each country to designate a few judges with specific experience in the Hague Convention to handle all cases, regardless of where in the country the children are. Unfortunately, even the United States does not do this.
 
The only option you have now Carlos is to maintain a perpetually positive attitude and file an appeal.

I so agree with the above.
Carlos - my heart hurts for you now. What can we do!? This is so unbelievable! WHEN THE NIGHTMARE ENDS!? (ok, back to earth) I am sorry, I really am... as TWeisten says:  keep the positive attitude and, if you can, file an appeal...
 
At some point, some nations will need to come together for a better world here, as far as the HC concerns...
Mom25 (She of Many Names)
A união faz a força

Offline rachelle4

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Re: Hague Return Denied
« Reply #9 on: April 28, 2009, 11:27:46 PM »
Wow! I feel sick. I can't believe they ruled against you with all the evidence you have. But like you said, this ruling is cosmetic. Hopefully, the appeal will be more favorable. Maybe we can all email the Mexican Government after you file the appeal. What does everyone think?

Offline alleycat

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Re: Hague Return Denied
« Reply #10 on: April 29, 2009, 09:45:44 AM »
God has a plan.  Keep the faith. You will prevail !!!!!!!

Offline sue

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Re: Hague Return Denied
« Reply #11 on: April 29, 2009, 10:40:47 AM »
What is wrong with these countries?  Your attorney having to drive 5 hours to find out what the ruling was?  They wouldn't tell him/her over the phone?  Just to make it impossible for you to appeal?  This is outragous.  Anything I can do to help, let me know.  Who can we write to down there for you?  Do you have names and email addresses?  Maybe we should all do a massive email for you?  Since we have to sit tight on David's case, it would give us all something good to do.

Offline dmdaven2

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Re: Hague Return Denied
« Reply #12 on: April 29, 2009, 11:08:29 AM »
Or I say do what you guys are doing for me with GMA, and set carlos up with media so he can tell his story, get support nationally and open doors so people with Authority can question Mexico, it'll also give segway to the fact that Mexico is far worse than Brazil (once they start disecting the facts)
Devon Davenport - Father of Nadia Lynn ;)

Offline Teena

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Re: Hague Return Denied
« Reply #13 on: April 29, 2009, 11:32:22 AM »
I wonder if Dateline would do a follow up of ALL the LBP's. Maybe we should get an effort going to write about all the parents.
Teena Duffy
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Offline dmdaven2

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Re: Hague Return Denied
« Reply #14 on: April 29, 2009, 11:39:03 AM »
Quote from: Teena;20057
I wonder if Dateline would do a follow up of ALL the LBP's. Maybe we should get an effort going to write about all the parents.

 
Now your talkin! :D
Devon Davenport - Father of Nadia Lynn ;)