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Offline suzie

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on the news in Brazil
« on: June 10, 2009, 09:11:33 PM »
http://translate.google.com/translate?js=n&prev=_t&hl=en&ie=UTF-8&u=http%3A%2F%2Fjornalnacional.globo.com%2FTelejornais%2FJN%2F0%2C%2CMUL1190759-10406%2C00-STF%2BARQUIVOU%2BO%2BPROCESSO%2BDO%2BMENINO%2BSEAN.html&sl=pt&tl=en&history_state0=
 
I have no doubt that Sean will be coming home soon!!!
 
http://g1.globo.com/Noticias/Rio/0,,MUL1190408-5606,00-JUSTICA+FEDERAL+DO+RIO+VAI+DECIDIR+CASO+SEAN+NOS+PROXIMOS+DIAS.html
On this last link, they say that Justice will decide this case in the next few days,
 
O TRF-2 vai julgar a medida cautelar da família brasileira, em que é pedida a suspensão dos efeitos da sentença até o julgamento do mérito. Na prática, se o pedido for aceito pelo Tribunal, Sean ficará no Brasil até a última discussão do caso. Porém, se não for aceita, valerá a sentença do juiz da primeira instância, e o menino deverá ser entregue em 48 horas ao consulado dos Estados Unidos.
 
that means: The TRF will judge the process from the Brazilian family side, in this petition they ask to suspend the effect of Judge Rafael Pinto's decision, if they accepts the suspention, Sean will remain in Brazil until the last discussion on this case, but if it is not accepted, Judge Pinto's decision will be valid and Sean has to be in the American consulate in 48 hours.

Offline Wendy

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Re: on the news in Brazil
« Reply #1 on: June 10, 2009, 09:12:11 PM »
k..what is this?  I'm too tired to translate! Anyone?
History has demonstrated that the most notable winners usually encountered heartbreaking obstacles before they triumphed. They won because they refused to become discouraged by their defeats.
 
~ B. C. Forbes ~
 
"It doesn't matter which way you cut this. If you abduct a child from a country and remove it from its parents, its other parent and its extended family and its culture, it is one of the most extreme forms of child abuse that you can inflict upon a child."

well said by Ken Thompson.


Offline forsean

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Re: on the news in Brazil
« Reply #3 on: June 10, 2009, 09:24:21 PM »
STF filed the case of the boy Sean

Application for stay of disputed child between stepfather and father American Brazilian was shelved. The decision on the case was for the Federal Court of Rio de Janeiro.
 

 
The Supreme Court closed the proceedings to ask the boy Sean's stay in Brazil. He has the custody dispute between his father and stepfather Brazilian American. The decision on the case was for the Federal Court of Rio de Janeiro.

Sean's father arrived in Brazil early today for the session. Sat in the second row, accompanied by two lawyers and officials of the American Embassy.

The lawyer of the Brazilian family was the first to speak. Sean would have said that the desire to stay in Brazil for expertise by the Federal Court of Rio de Janeiro.

"In the previous step, in the process of expertise, said explicitly it wants to stay in Brazil, specifically and seven times," said the stepfather's lawyer, Sergio Tostes.

The lawyer challenged the father of Sean. "The smaller, asked for his opinion, said that both forms: the judge who is boss. Only after the interference of the technical assistant of the father of the child is that it changed his behavior and began to say that I wanted to stay in Brazil, "said the father's lawyer, Ricardo Zamariola Jr.

Minister Ellen Gracie Brazil argued that complying with the Hague Convention, which the country is signatory. According to her, the courts did not consider the state convention for lack of information, when it decided to keep the boy in Brazil.

In cases such as Sean, the decision rests with the American justice, since he lived in the United States. "States Parties established that the issues of custody shall be resolved by the court of habitual residence of the child, before the subtraction, ie, its natural jurisdiction," said Ellen Gracie.

The decision of the Supreme ministers was unanimous. They closed the action because it considered that the Supreme should not have been activated since the case is still under discussion in the Federal Court.

David celebrated the result, but said it is only one obstacle in the fight for custody of the child. Sean is in Brazil five years ago, when the mother has brought Brazilian, Bruna Bianchi. Here she has the custody of the child.

At that time, the father of the boy, David Goldman, entered the Brazilian Justice arguing that the Hague Convention provides that in cases such as Sean, is a Justice of the country where the child usually lived to determine who should care. In this case, the U.S. Justice.

Last year, Bruna died during the birth of their daughter's second marriage with a Brazilian, the lawyer João Paulo Lins e Silva. The Justice gave the state temporary custody of Sean to the stepfather. After the death of Bruno, the father of Sean intensified the campaign to recover the custody of the child.

As Brazil is a signatory of the Hague Convention, the Brazilian government came with a new action, this time in Federal Court, asking that the child was sent to the United States.

 

This action was dismissed on June first, in favor of the father of Sean, who would have the boy back after a period of adjustment in the United States, which would be accompanied by the Brazilian family, if she wanted.

The decision of the Supreme that Sean will not leave the country. The case follows the Federal Regional Court of Rio de Janeiro, where there is an injunction to ensure his stay here until the end of the appeal trial of Sean's father.

Offline Sashia

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Re: on the news in Brazil
« Reply #4 on: June 10, 2009, 09:32:21 PM »
I'm disappointed that nowhere in the written article OR in the video, did they mention the allegation/confirmation of parental alienation/emotional abuse.

Offline Wendy

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Re: on the news in Brazil
« Reply #5 on: June 10, 2009, 09:52:54 PM »
Quote from: Sashia;31724
I'm disappointed that nowhere in the written article OR in the video, did they mention the allegation/confirmation of parental alienation/emotional abuse.

No sh*t!! WHEN are they going to start doing what's RIGHT FOR SEAN!!!! :burn: :mad2::madgo::mad2::madgo::burn::cloud::cloud::cloud:
History has demonstrated that the most notable winners usually encountered heartbreaking obstacles before they triumphed. They won because they refused to become discouraged by their defeats.
 
~ B. C. Forbes ~
 
"It doesn't matter which way you cut this. If you abduct a child from a country and remove it from its parents, its other parent and its extended family and its culture, it is one of the most extreme forms of child abuse that you can inflict upon a child."

well said by Ken Thompson.

Offline forsean

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Re: on the news in Brazil
« Reply #6 on: June 10, 2009, 10:07:49 PM »
Quote from: Wendy;31735
No sh*t!! WHEN are they going to start doing what's RIGHT FOR SEAN!!!! :burn: :mad2::madgo::mad2::madgo::burn::cloud::cloud::cloud:

Never... for their own selfish reasons!  But their time will run out, that's why they continue to pull stunts from their bag of tricks, because they're desperate.  They can feel the end is VERY NEAR!!!!!!!!!!!!

Offline joey2051

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Re: on the news in Brazil
« Reply #7 on: June 10, 2009, 10:17:07 PM »
this is good!!! (if they deny the injuction) I believe once a case hits the 2nd instance the descion of the first is in full effect

Offline Chicco

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Re: on the news in Brazil
« Reply #8 on: June 10, 2009, 11:34:45 PM »
Another article about today with translation right below

 


O Portal de Notícias da Globo

10/06/09 - 18h07 - Atualizado em 10/06/09 - 18h07

David Goldman diz ter ficado ‘feliz’ com decisão do STF sobre Sean

Supremo deixou a decisão do caso para a Justiça Federal do Rio.
Advogado da família brasileira também avaliou como positiva a decisão.

Diego Abreu Do G1, em Brasília

    O pai biológico do menino Sean, David Goldman, disse ter ficado “feliz” com a
decisão do Supremo Tribunal Federal (STF), que, nesta quarta-feira (10), arquivou o processo em que o Partido Progressista (PP) pedia a permanência do garoto de 9 anos no Brasil. Na prática, a decisão levou de volta o caso para a Justiça Federal do Rio de Janeiro, que vai analisar o caso de forma definitiva em data ainda não marcada.

“Estou muito feliz com essa decisão de hoje. Espero agilidade nas decisões. Toda essa sessão que acabei de assistir foi em português, então vou ter que conversar com o meu advogado para saber tudo o que aconteceu”, limitou-se a dizer Goldman, após o término do julgamento.
[/LIST]

 

David Goldman, pai biológico de Sean Goldman. durante a sessão plenária do STF, nesta quarta-feira (10) (Foto: U.Dettmar/STF)



Advogado de Goldman, Ricardo Zamariola afirmou que o posicionamento do Supremo siginifica vitória para o pai americano na batalha judicial contra a família brasileira de Sean. “É uma vitória sem dúvida. Não é ainda o que nós almejamos, pois o que almejamos é promover o retorno da criança. É mais um obstáculo vencido”, afirmou em entrevista coletiva no STF.

“Na prática, o Supremo restabeleceu a ordem processual, porque essa ADPF [formato da ação protocolada pelo PP] é absolutamente incabível. Foi usada como substitutivo do recurso adequado, que haveria de ser apresentado na Justiça do Rio de Janeiro, e de fato foi. O processo volta a Justiça Federal do Rio de onde nunca deveria ter saído”, acrescenta Zamariola.
Essência positiva
Advogado da família brasileira de Sean, Sérgio Tostes, considerou que “a essência da decisão é muito positiva”, pois significa que a família brasileira terá a oportunidade de aguadar a anális de recursos no Tribunal Regional Federal do Rio de Janeiro.

“A decisão aparentemente foi negativa, mas a razão da decisão foi a já existência de recurso no Rio de Janeiro. No somatório dessas negativas, a fundamentação foi extremamente positiva, porque vai nos permitir o recursos, e esperamos reverter essa decisão [a ordem inicial da Justiça Federal, que havia determinado a volta do menino para os EUA”, destacou Tostes aos jornalistas.

“Se ele [o menino Sean] tivesse saído como foi determinado teríamos uma situação muito difícil hoje, já que ele estaria fora do Brasil. O objetivo inicial está atingido. O menino não só está no Brasil, como estão abertas as possibilidades de recursos”, completou Sérgio Tostes.
Histórico
Sean veio dos EUA com a mãe, a empresária Bruna Bianchi, há cinco anos, sem autorização do pai, que, desde então, briga na Justiça pela guarda do filho. Ela se separou de Goldman e se casou de novo com um brasileiro. No ano passado, Bruna morreu durante o parto da segunda filha, e a Justiça brasileira deu ao padrasto a guarda provisória da criança. Desde então, pai e padrasto travam uma batalha jurídica pela guarda do menino. O caso começou na Justiça estadual do Rio e depois passou para a competência federal.

Com a morte de Bruna, David intensificou uma campanha para tentar levar o filho de volta para os Estados Unidos. A decisão inicial da Justiça Federal brasileira previa que o menino deveria ter um período de transição ao chegar aos EUA.

Nos primeiros 15 dias, passaria o dia com o pai americano e a noite com a família brasileira. Do 16º dia ao fim do primeiro mês, Sean passaria a dormir com o pai e a receber visitas diárias de quatro horas da família materna. A partir daí, a guarda definitiva seria do pai, e a família materna deveria pleitear à Justiça americana um regime de visitas.
 
------------------------------
10/06/09 - 18h07 - Atualizado em 10/06/09 - 18h07

David Goldman says he is "happy" with Supreme Court decision on Sean´s case.

Supreme left the decision of the case for the Federal Justice of Rio.
Lawyer for the Brazilian family also see a positive angle out of today decision.

Diego Abreu Do G1, em Brasília

The father of Sean, David Goldman, said he was “happy” with the Supreme Court decision today, to extinct the process initiated by the PP party asking for Sean of 9 years old to be left in Brazl. At the end this takes the decision back to the Federal Justice in Rio, that wiill review the case in a definitive manner in a date still to be scheduled.
 
“I am very happy with today´s decision. Now I hope for next decisions to be taken on an expedite manner. The whole session was in Portuguese so I need to speak to my attorneys to understand what really happened in detail" limited to say Goldman right after the ruling.

Goldman´s lawyer, Ricardo Zamariola confirmed the Supreme decision is a victory for Sean in the legal battle against the Brazilian family of Sean. “I have no doubt it is a victory. It is not what we are working for, because what we want is Sean back home as soon as possible. But it is another hurdle that we beat”, he said in a press conference at the Supreme Court.

“The supreme re-established the order in the process, as the use of this ADPF tool by the PP was completely inadequate. It was used to replace the correct appeal in the Federal Court of Rio, which in fact they also did anyway. Now the process will return to the Federal Court in Rio, where it should be and should have never left" added Zamariola.
Positive Essense
The lawyer for the Brazilian family, Sérgio Tostes, considered that at the end the essence of the ruling was positive, because it menas the family will have the opportunity to wait for their appeal to be considered by the Federal Court of Rio de Janeiro.

“One may think the decision was apparently negative, but the reason for the decision taken was the fact we already had another appeal on going in Rio. When we add the negatives of today, the fundamental thing for us is very positive, because now we can have the appeal and we hope to revert the initial decision against us in the lower Federal Court of Rio, as the decision was for Sean to return to US" emphasized Tostes to the reporters.
“If Sean had left Brazil with his father as decided in the sentence given in Rio,  we would have a very difficult situation today as he would already be out of Brazil. So we have reached our objective and with Sean in Brazil, we have our chances back in place”, completed Sérgio Tostes.
Historic
Sean came from US with his mother, Bruna Bianchi, five years ago, without the consent of the father, who has since this happened being fighting in the Justice for the guard of his son. She got separated from David Goldman in Brazil and married again with a Brazilian. (NOTE THEY ARE NOT MENTIONNING JPLS NAME ANY LONGER. I WONDER IF IT THE PUBLICITY IS NOT VERY GOOD ... Chicco) Last year, Bruna passed away giving birth to her daughter with the new husband, and the Brazilian Justice gave the provisory guard of Sean to his father in law. Since then, the father David and the stepfatherd are in a legal battle for the guard of the boy. The case starte in the State Justice of Rio but then was transfered to a Federal Court in Rio.

Once Bruna was dead, David intensified his efforts to take his son back to US with him. The initial decision of the Federal Court in Rio was in favour of David and established a transiction period for the boy to be passed by the Brazilian family to David, which was supposed to happen in US as soon as they would get there.
In the initial 15 days, Sean would be with his father during the day and sleep with the Brazilian family at night. From day 16 to day 30 Sean would sleep at his father and have the Brazilian family visiting him for 4 hours in the afternoon. At the end of the whole period the guard would be passed in full to David. The family of Sean´s mother would need them to ask for visitation rights thru legal procedures in US.
DAVID, YOU WERE NEVER ALONE !!!
I AM THRILLED TO SEE YOU BRINGING SEAN HOME !!! BE HAPPY AND HEAL WITH YOUR SON. YOU TWO DESERVE THE BEST :clapping:
 
I AM PRAYING FOR YOU TO BE THE BEST PERSON SEAN COULD HAVE IN HIS LIFE. GOD BLESS YOU
 
Chicco

Offline Aida

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Re: on the news in Brazil
« Reply #9 on: June 10, 2009, 11:38:06 PM »
Quote from: forsean;31742
Never... for their own selfish reasons! But their time will run out, that's why they continue to pull stunts from their bag of tricks, because they're desperate. They can feel the end is VERY NEAR!!!!!!!!!!!!

 
 
They are desperate indeed!!!!!:cloud:

Offline Lexi

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Re: on the news in Brazil
« Reply #10 on: June 10, 2009, 11:45:46 PM »
Thanks for that Chicco - it is wonderful that all of you provide these timely links and translations. Tostes statement is so offputting - the way he chalks up their stunt to a legal victory never mind that they totally gamed the system. Don't these guys care about the integrity of the system or how they make Brazil look to the international community? Really troubling that they don't seem to consider that at all.

Offline Chicco

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Re: on the news in Brazil
« Reply #11 on: June 10, 2009, 11:54:54 PM »
Quote from: Lexi;31800
Thanks for that Chicco - it is wonderful that all of you provide these timely links and translations. Tostes statement is so offputting - the way he chalks up their stunt to a legal victory never mind that they totally gamed the system. Don't these guys care about the integrity of the system or how they make Brazil look to the international community? Really troubling that they don't seem to consider that at all.

 
Nothing against lawyers, as we have great ones helping us here and my grandfather was another great one but you know what they say about a bus with 50 seats and 49 lawyers falling from a cliff ? what an opportunity missed for having another lawyer gone !!! I think that if Men are from Mars and Women are from Venus, lawyers are from.... (I leave for you all to complete... feel free and use your imagination :))
DAVID, YOU WERE NEVER ALONE !!!
I AM THRILLED TO SEE YOU BRINGING SEAN HOME !!! BE HAPPY AND HEAL WITH YOUR SON. YOU TWO DESERVE THE BEST :clapping:
 
I AM PRAYING FOR YOU TO BE THE BEST PERSON SEAN COULD HAVE IN HIS LIFE. GOD BLESS YOU
 
Chicco

Offline Lexi

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Re: on the news in Brazil
« Reply #12 on: June 11, 2009, 01:57:53 PM »
Quote from: Chicco;31809
Nothing against lawyers, as we have great ones helping us here and my grandfather was another great one but you know what they say about a bus with 50 seats and 49 lawyers falling from a cliff ? what an opportunity missed for having another lawyer gone !!! I think that if Men are from Mars and Women are from Venus, lawyers are from.... (I leave for you all to complete... feel free and use your imagination :))

Initially I thought "hell", but somehow I don't think that's what you were driving at...:)
 
And fully agree, we really lucked out with Roger and Andre and also David's lawyers. They are outstanding!

Offline tstravis

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Re: on the news in Brazil
« Reply #13 on: June 11, 2009, 04:19:15 PM »
Quote

Don't these guys care about the integrity of the system or how they make Brazil look to the international community?

Not to mention the life and well-being of an innocent child!!

Offline Irish17

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Re: on the news in Brazil
« Reply #14 on: June 11, 2009, 06:34:20 PM »
Quote from: tstravis;32103
Not to mention the life and well-being of an innocent child!!

Simply put no they don't.  They know that due to the court proceedings yesterday, Sean's emotional state is now out in the open. David said as much after the proceedings as well.  The Lies e Snakes and RibERRORS all know that the end is coming and they are grasping at straws. Lets also not forget that not one judge wants to have this case for too long due to the media and political pressure it is under. It is a hot potato at the moment and the appeals process could be different due to all of this.
 
Fortunately for us, Ellen Grace, the AGU, Honorable Judge Pinto saw the truth and have paid attention to the facts of the case. They know where Sean belongs and as long as we can continue to use their comments from the Supreme Court proceedings of June 10th, call them our friends and David & Sean's supporters, the day of Sean stepping off a plane in NJ with David is that much more closer.  
 
Just continue to believe, continue to work on this campaign, this fight and Sean will be home with David in NJ very soon!!!