Welcome, Guest. Please login or register.

Author Topic: EPOCA Article: Pate Interview  (Read 8167 times)

0 Members and 1 Guest are viewing this topic.

Offline M.Capestro

  • Administrator
  • Veteran Member
  • *****
  • Posts: 2247
  • Twitter: @Capestro
EPOCA Article: Pate Interview
« on: July 03, 2009, 08:53:48 AM »
Just found this article. Don't remember seeing it previously posted.

Conheça outros brasileiros envolvidos em disputas internacionais pela guarda dos filhos
http://revistaepoca.globo.com/Revista/Epoca/1,,EMI63179-15227,00.html

Google Translation:

Meet other Brazilians involved in international disputes for the custody of the children  

March 6, 2009

The case of the boy Sean brought to light a growing problem - the battles, often painful, between the Brazilian and foreign couples to decide in which country the child should be.

In his home in Houston, Texas, the American Robert Pate assists in the television interview in which Secretary of State of the United States, Hillary Clinton, collecting the return of the Brazilian American Sean boy of 8 years. Sean quoted Hillary as an example of a global problem and compared the Cuban boy Elián González, who returned to Havana in June 2000, after a long battle between the courts of the United States and Cuba - his mother died trying to flee the island and the father , who was in Cuba, wanted the back. Hillary said in the interview that there are another 46 similar cases of disputes between children in the United States and Brazil.

 On hearing this, Pate says he is thrilled: "It is my Nicole." The drama of the battle between the judiciary and Goldman families Bianchi won international visibility. But it is just one of hundreds they run silently in the courts of Brazil and abroad. According to research on the 2003 Hague Convention - the international agreement that deals with cases of gender - the U.S. came to 169 requests for repatriation, the largest number in the world. The United States also received 286 requests for return to other countries, an increase of 13% compared to the previous search. In situations involving non-signatories of the Convention, as Saudi Arabia and Lebanon, the international imbroglio could be much worse, because children are abducted and there is considered international instruments to which parents can reclaim them.

 Sean and Nicole are in these statistics. EPOCH had access to some international cases that are confidential. This report included only those cases in which it had access to both sides of the issue, the father and the mother, and official documents.

 Nicole of 7 years, now lives with his mother in Manaus, the Amazon Monica Dutra, 32 years, purchasing manager. Monica met the father of Nicole, the American Robert Martin Pate, of 46 in Manaus. The two girlfriend for some time and Mônica pregnant. Nicole was born in the capital of Amazonas. When she was six months, in April 2001, parents moved to Houston in the U.S. state of Texas, where he married. Three years later, the marital problems have worsened and Monica asked the separation. In it, Robert has never accepted this solution. "You will pay the price of divorce," he had said at the time. Robert, in turn, says that Monica is not used to the American way of life "without working without nanny. She denies. In the United States, was under guard Nicole shared and received regular visits of the father. Monica noted that under the laws of Texas (in the U.S. custody of the law varies from state to state), she was forced to live only in the metropolitan area of Houston. Monica says that after the separation, he missed the family and wanted to return to Brazil. When his father had a cancer, decided to return to duty. He said that to Robert, but he did not accept. So she went with Nicole with a permit for it to pass some days in Manaus.

 The two most not returned to Houston. Robert came to court with an American, which considered the case as "abduction of minor." Monica says that it never received legal notices on a process. It also says that Robert never stopped to see Nicole and her family that offered to logistical and financial support to visit the girl. Robert came to an action in court to get the Brazilian custody of their daughter and lost. Today, they both are tired with the legal disputes. In April, Robert and Monica must be in Brazil to try to find an amicable agreement.

Quote
Almost all the stories begin to count the fairies and terrible fights end in court
The wars the custody of a child beyond the cold numbers. They represent the pain of hundreds of families, both on the mother's side as the father, and can directly affect the emotional state of the principal involved, the child. This not to mention the exorbitant amount that parents spend with family and lawyers fees from local and international. Almost all of these stories have in common Brazilian novels that begin like fairy tales and ends in ferrenhas disputes in international tribunals, some reaching the dispute diplomatically, such as the boy Sean. The most common are those of Brazilian married to foreigners who are living outside the country and after the separation, for different reasons, want to return to the country with their children. At the time of return, the question arises: who should stay with the child? According to the Hague Convention, of which Brazil is a signatory, as regards the abduction of children, a child may leave or remain in a country with the consent of the holders of the right of custody.

The Convention, like any other legal document, it is well-intentioned: seeks the welfare of the child. The problem is their interpretation. One of the most controversial items is that the holder loses custody of the custody case between the case a year after the "abduction". To discuss the call, hang other issues. How are the visits when it comes to catching a plane to see the child? How are disputes on property?

Since the beginning of 2008, the boy Aagesen Lucas is at the center of a fierce fight between his Brazilian mother, the psychologist Roberta Santalucia, and his father, the economist and public official Danish Soren Aagesen. While playing for the house you live in Atibaia (a city 65 kilometers from São Paulo), the Brazilian boy of 3 years is the center of a legal battle inferniza that the lives of their parents. The couple decided to break again in May 2008, when Roberta and Lucas got left home to Soren in Malmö, Sweden, to the Brazil. What followed was a trip to the flood of suits filed by Soren and a decision has perplexed Roberta: The Swedish Justice described the return of Luke as "serious crime" and ordered the arrest of Brazil. She is now part of a list of Interpol, and may even be arrested if out of Brazil.

 What was the crime committed by the mother of Luke? To judge by the definitions of the Hague Convention, invoked by Swedish prosecutors, Roberta abducted child himself when left Sweden without the consent of the father of the boy. This is the argument of Soren. Luke's mother has another version. "I would not leave Sweden without following all the guidelines of the Brazilian embassy," said Roberta. She noted that only returned to Brazil because the very Soren signed an official document of the Brazilian Embassy authorizing the return of the child. She had obtained the temporary custody of Lucas in the Brazilian Justice. Roberta's defense says the Swedish Justice ignored the documents and that the decision to arrest it is an affront to the sovereignty of the Brazilian laws. The process to determine the custody of Lucas runs in final secret of Justice and has dragged on several fronts, in Brazil and Sweden. But as in the case of Monica and Michelle, this story lives the same asymmetry: depending on the country, Roberta can be found guilty or innocent. In Sweden, his arrest remains valid. In Brazil, it has the temporary custody of the child and was cleared for the crime of kidnapping described in the Hague Convention. A measure of search and seizure of Lucas came to be authorized, but other decision of Justice annulled the federal action.

An important issue considered by the judges is how the child is living at the court decision. Even after years of disputes, it is generally adapted to a home. Once established links with a family and a country, it becomes more difficult to withdraw it from there - even more when the father visits the other are rare, which is common. The Brazilian families interviewed always ensure that children have access to the former spouse to visit. Goldman Americans and Pate said that the time had not come to Brazil for having been guided by their lawyers not to fall into a "legal ambush." This would mean that if the father presence was characterized as "constant", maybe they lose the chance that their cases were tried in their own countries.

 But what ultimately is at stake? It is not the welfare of these boys and girls? To complicate further, each side relies on different resolutions of the courts of each country. In Europe, to alleviate this conflict judiciary, was established in the European Parliament only a mediating body to handle these cases. The best solution, as I said the Hague Convention, is one that includes the child, not the wishes of parents. Often, that furious war, it is forgotten.



Robert Pate in the old picture with Nicole. He expects an amicable solution to the dispute with Monica



Monica Dutra, with her daughter Nicole. She left the U.S. with temporary permission. The father, the American Robert, wants his daughter back



LEGAL BATTLE: Luke, 3 years in the lap of her mother, Roberta. The Swedish Justice ordered the imprisonment of the Brazilian

Offline liesl78

  • Global Moderator
  • Veteran Member
  • *
  • Posts: 2105
Re: EPOCA Article: Pate Interview
« Reply #1 on: July 03, 2009, 09:07:31 AM »
The date is not June 3rd, it's March 6th. :)
 
It was on the same magazine essay that has Sean on the cover.
Liesl78
Moderator
BringSeanHome.org

Offline M.Capestro

  • Administrator
  • Veteran Member
  • *****
  • Posts: 2247
  • Twitter: @Capestro
Re: EPOCA Article: Pate Interview
« Reply #2 on: July 03, 2009, 09:13:00 AM »
Quote from: liesl78;40623
The date is not June 3rd, it's March 6th. :)
 
It was on the same magazine essay that has Sean on the cover.

Thanks, liesl. You're right. Article shows 06/03/09 - I read it "American-style." I'll fix my post.

Offline JamesJosephs

  • Bring Sean Home Foundation
  • Global Moderator
  • Veteran Member
  • *
  • Posts: 850
Re: EPOCA Article: Pate Interview
« Reply #3 on: July 03, 2009, 09:15:52 AM »
It is a terrible article that makes more excuses for Brazil's non-compliance with the Hague by framing these child abduction cases as "complicated."
 
All of these kidnappers seem to use the same playbook.

Offline liesl78

  • Global Moderator
  • Veteran Member
  • *
  • Posts: 2105
Re: EPOCA Article: Pate Interview
« Reply #4 on: July 03, 2009, 09:17:39 AM »
Sorry to vent, ut what drives me nuts about these articles are the photos of the Moms and the kids, smiling, like "hey, I got away with it"
 
(I gotta get back to work now)
Liesl78
Moderator
BringSeanHome.org

Offline forsean

  • Sr. Member
  • ****
  • Posts: 339
Re: EPOCA Article: Pate Interview
« Reply #5 on: July 03, 2009, 09:58:53 AM »
Quote from: liesl78;40628
Sorry to vent, ut what drives me nuts about these articles are the photos of the Moms and the kids, smiling, like "hey, I got away with it"
 
That's because it's their mentality...they think it's just fine to do what they do, particularly since they know the history so far has been that Brazil won't do anything about it.  But with David and Sean's case bringing to light the fact that they don't comply, hopefully things will begin to change.
 
(I gotta get back to work now)

Offline BrazilianForJustice

  • Veteran Member
  • *****
  • Posts: 1158
Re: EPOCA Article: Pate Interview
« Reply #6 on: July 03, 2009, 11:28:00 AM »
Here is a more thorough translation.  I am sorry, I'd like to comment but can't right now.  Being face to face with the Brazilian mind and character makes me too sick.

               

Meet other Brazilians involved in international disputes for the custody of their children  
 March 6, 2009

 The case of the boy Sean brought to light a growing problem - the battles, often painful, between couples of Brazilians and foreigners to decide in which country the child should stay
.


LEGAL BATTLE: Luke, 3 years, in the lap of his mother, Roberta. The Swedish Justice ordered the Brazilian         jailed

 In his home in Houston, Texas, the American Robert Pate watched the television interview in which Secretary of State of the United States, Hillary Clinton demands the return of the American boy Sean, of 8 years. Hillary mentioned Sean as an example of a global problem and compared him to the Cuban boy Elián González, who returned to Havana in June 2000, after a long battle between the courts of the United States and Cuba - his mother died trying to flee the island and the father, who was in Cuba, wanted him back. Hillary said in the interview that there are other 46 similar cases of disputes for children between the United States and Brazil.

On hearing this, Pate says he was thrilled: "It is my Nicole." The drama of the judicial battle between the Goldman and Bianchi families won international visibility. But it is just one of hundreds they run silently in the courts of Brazil and abroad. According to research on the 2003 Hague Convention - the international agreement that deals with cases of this kind - the U.S. filed 169 requests for repatriation, the largest number in the world. The United States also received 286 requests for return to other countries, an increase of 13% compared to the previous year. In situations involving non-signatories of the Convention, as Saudi Arabia and Lebanon, the international imbroglio could be much worse, because children are considered kidnapped and there are no international instruments for the parents to reclaim them.

 Sean and Nicole are in these statistics. ÉPOCA had access to some international cases that run in secrecy. This story includes only those cases in which we had access to both sides of the issue, the father and the mother, and to official documents.

Nicole, 7, now lives with his mother in Manaus, the Amazonian Monica Dutra, 32, a purchasing manager. Mônica met the father of Nicole, the American Robert Martin Pate, 46, in Manaus. The two dated for some time and Mônica got pregnant. Nicole was born in the capital of Amazonas. When she was six months, in April 2001, the parents moved to Houston, in the U.S. state of Texas, where they got married. Three years later, marital problems had worsened and Mônica asked for a separation. According to her, Robert never accepted this solution. "You will pay the price of divorce," he would have said at the time. Robert, in turn, says that Mônica did not get used to the American way of life, "without a maid and without a nanny." She denies it. In the United States, Nicole was under shared custody and received regular visits from the father. Mônica noted that under the laws of Texas (in the U.S., the law on custody varies from state to state), she was forced to live within the metropolitan area of Houston. Mônica says that, after the separation, she missed her family and wanted to return to Brazil. When her father got cancer, she decided to return for good. She said that to Robert, but he did not accept it. Then, she left with Nicole, with a permit for her [sic, it should be: them] to spend a few days in Manaus.

The two [sic] did not return to Houston. Robert filed a lawsuit in American court, that considered the case as a "kidnapping of minor." Monica says that it never received legal notices on any lawsuit. She also says that was she never prevented Robert of seeing Nicole and that her family offered logistical and financial support for him to visit the girl. Robert filed a lawsuit in a Brazilian court to get the custody of their daughter and lost. Today, they are both tired with the legal disputes. In April, Robert and Mônica are expected to meet, in Brazil, to try to find an amicable agreement.

                                                   
                             Almost all the stories begin as fairy tales and end in terrible fights in court                      

The wars for the custody of a child go beyond the cold numbers. They represent the pain of hundreds of families, both on the maternal and the paternal sides, and can directly affect the emotional state of the principal involved, the child. This not to mention the exorbitant amounts that parents spend with fees for local and international lawyers. Almost all of the stories of these Brazilians have in common romances that began like fairy tales and ended in ironlike disputes in international tribunals, some becoming diplomatic clashes, such as the case of the boy Sean. The most common situations are those of Brazilian women married to foreigners who go live outside the country and, after a separation, for different reasons, want to return to this country with their children. At the time of return, the question arises: who should stay with the child? According to the Hague Convention, of which Brazil is a signatory, as it regards the abduction of children, a child may only leave or remain in a country with the consent of the holders of the right of custody.

The Convention, like any other legal document, is well-intentioned: it seeks the welfare of the child. The problem is its interpretation. One of the most controversial items is the one that says that the holder of custody loses the case for custody a year after the "abduction." In discussing the custody, other issues hang. How are the visits when it is necessary to catch a plane to see the child? How are disputes on property?

Since the beginning of 2008, the boy Lucas Aagesen is at the center of a fierce fight between his Brazilian mother, the psychologist Roberta Santalucia, and his father, the Danish economist and public official Soren Aagesen. While he plays in the house he lives in Atibaia (a city 65 kilometers from São Paulo), the Brazilian boy of 3 is the center of a legal battle that makes the lives of his parents a hell. The couple decided to break away for good in May 2008, when Roberta took Lucas and left home Soren's home [sic], in Malmö, Sweden, headed to Brazil. What followed the trip was a flood of lawsuits, filed by Soren, and a decision that left Roberta perplexed: the Swedish Justice classified the return [sic] of Luke as a "grave crime" and ordered her arrest in Brazil. She is now part of a list of Interpol, and may even be arrested if she leaves Brazil.

 What would have been the crime committed by the mother of Luke? To judge by the definitions of the Hague Convention, invoked by the Swedish prosecution, Roberta kidnapped her own child when left Sweden without the authorization of the father of the boy. This is the argument of Soren. Luke's mother has another version. "I would not leave Sweden without following all the guidelines of the Brazilian embassy," said Roberta. She tells that she only returned to Brazil because Soren, himself, signed an official document of the Brazilian Embassy authorizing the return of the child. She had also already obtained the temporary custody of Lucas in the Brazilian Justice. Roberta's defense says the Swedish Justice ignored the documents and that the decision to arrest her is an affront to the sovereignty of the Brazilian laws. The process that will define the custody of Lucas runs in secrecy of Justice and has dragged on several fronts, in Brazil and Sweden. But as in the case of Mônica and Bruna, this story lives the same asymmetry: depending on the country, Roberta can be found guilty or innocent. In Sweden, her arrest remains valid. In Brazil, she has the temporary custody of the child and was cleared of the crime of kidnapping, described in the Hague Convention. An action of search and seizure of Lucas came to be authorized, but another decision of the Federal Justice annulled that action.

An important issue considered by the judges is how the child is living at the time of a court decision. Even after years of disputes, she is generally already adapted to a home. Once she has established links with a family and a country, it becomes more difficult to withdraw her from there - even more when the visits from other parent are rare, which is common. The Brazilian families interviewed ensure that children that they always gave access to the former spouse to visit. The Americans Goldman and Pate said that they did not come to Brazil for being guided by their lawyers not to fall into a "legal ambush." That would mean that if presence of the father was characterized as "constant," maybe they lose the chance that their cases be tried in their own countries.

 But what is ultimately  at stake? Is it not the welfare of these boys and girls? To complicate further, each side relies on different resolutions of the courts of each country. In Europe, to alleviate this judicial conflicts, it was established, in the European Parliament, a mediating body only   to handle these cases. The best solution, as it is already said in the Hague Convention, is one that contemplates the child, not the wishes of parents. Often, in this furious war, this is forgotten.


 Robert Pate in the old picture with Nicole. He expects an amicable solution to the dispute with Monica


 Monica Dutra, with her daughter Nicole. She left the U.S. with temporary permission. The father, the American Robert, wants his daughter back
                 
 

-
« Last Edit: July 03, 2009, 11:34:52 AM by BrazilianForJustice »

Offline Nicole's Dad

  • Left Behind Parent
  • Sr. Member
  • *****
  • Posts: 367
Re: EPOCA Article: Pate Interview
« Reply #7 on: July 03, 2009, 01:03:13 PM »
Nicole of 7 years, now lives with his mother in Manaus, the Amazon Monica Dutra, 32 years, purchasing manager. Monica met the father of Nicole, the American Robert Martin Pate, of 46 in Manaus. The two girlfriend for some time and Mônica pregnant. Nicole was born in the capital of Amazonas. When she was six months, in April 2001, parents moved to Houston in the U.S. state of Texas, where he married. Three years later, the marital problems have worsened and Monica asked the separation. In it, Robert has never accepted this solution. "You will pay the price of divorce," he had said at the time. Robert, in turn, says that Monica is not used to the American way of life "without working without nanny. She denies. In the United States, was under guard Nicole shared and received regular visits of the father. Monica noted that under the laws of Texas (in the U.S. custody of the law varies from state to state), she was forced to live only in the metropolitan area of Houston. Monica says that after the separation, he missed the family and wanted to return to Brazil. When his father had a cancer, decided to return to duty. He said that to Robert, but he did not accept. So she went with Nicole with a permit for it to pass some days in Manaus.
 
The two most not returned to Houston. Robert came to court with an American, which considered the case as "abduction of minor." Monica says that it never received legal notices on a process. It also says that Robert never stopped to see Nicole and her family that offered to logistical and financial support to visit the girl. Robert came to an action in court to get the Brazilian custody of their daughter and lost. Today, they both are tired with the legal disputes. In April, Robert and Monica must be in Brazil to try to find an amicable agreement.
 
I want to set the record straight. This article and Epoca magazine SUCKS!!!!!! This is the first time I have been able to read the translation. First of all, never did I say out of my mouth "You will pay the price of divorce".

She never once offered me financial assistance to visit with Nicole. She offered it to Nicole's sister but not me. As far as her having to live "ONLY" in the Houston, not true. She was ordered to stay within Harris County and the surrounding counties. The courts decide this. Not me. It was a standard divorce. So don't buy into that.

That's enough. Not going to get into defending myself. I know what happened and I know the truth. I have the e-mails straight from her to prove otherwise. Have a great holiday everyone.

Offline liesl78

  • Global Moderator
  • Veteran Member
  • *
  • Posts: 2105
Re: EPOCA Article: Pate Interview
« Reply #8 on: July 03, 2009, 01:13:48 PM »
Quote from: Nicole's Dad;40670

I want to set the record straight. This article and Epoca magazine SUCKS!!!!!! This is the first time I have been able to read the translation. First of all, never did I say out of my mouth "You will pay the price of divorce".
 
She never once offered me financial assistance to visit with Nicole. She offered it to Nicole's sister but not me. As far as her having to live "ONLY" in the Houston, not true. She was ordered to stay within Harris County and the surrounding counties. The courts decide this. Not me. It was a standard divorce. So don't buy into that.
 
That's enough. Not going to get into defending myself. I know what happened and I know the truth. I have the e-mails straight from her to prove otherwise. Have a great holiday everyone.

One more reason the whole EPOCA article sucked!!!!! I'm fuming right now, OMG!!!! :mad2::mad2::mad2::mad2:
 
It's obvious they only published what your ex-wife said.
Liesl78
Moderator
BringSeanHome.org

Offline BrazilianForJustice

  • Veteran Member
  • *****
  • Posts: 1158
Re: EPOCA Article: Pate Interview
« Reply #9 on: July 03, 2009, 02:23:18 PM »
A couple of corrections (in red). My apologies.


Meet other Brazilians involved in international disputes for the custody of their children  
 March 6, 2009

 The case of the boy Sean brought to light a growing problem - the battles, often painful, between couples of Brazilians and foreigners to decide in which country the child should stay
.


LEGAL BATTLE: Luke, 3 years, in the lap of his mother, Roberta. The Swedish Justice ordered the Brazilian         jailed

 In his home in Houston, Texas, the American Robert Pate watched the television interview in which Secretary of State of the United States, Hillary Clinton demands the return of the American boy Sean, of 8 years. Hillary mentioned Sean as an example of a global problem and compared him to the Cuban boy Elián González, who returned to Havana in June 2000, after a long battle between the courts of the United States and Cuba - his mother died trying to flee the island and the father, who was in Cuba, wanted him back. Hillary said in the interview that there are other 46 similar cases of disputes for children between the United States and Brazil.

On hearing this, Pate says he was thrilled: "It is my Nicole." The drama of the judicial battle between the Goldman and Bianchi families won international visibility. But it is just one of hundreds they run silently in the courts of Brazil and abroad. According to research on the 2003 Hague Convention - the international agreement that deals with cases of this kind - the U.S. filed 169 requests for repatriation, the largest number in the world. The United States also received 286 requests for return to other countries, an increase of 13% compared to the previous year. In situations involving non-signatories of the Convention, as Saudi Arabia and Lebanon, the international imbroglio could be much worse, because children are considered kidnapped and there are no international instruments for the parents to reclaim them.

 Sean and Nicole are in these statistics. ÉPOCA had access to some international cases that run in secrecy. This story includes only those cases in which we had access to both sides of the issue, the father and the mother, and to official documents.

Nicole, 7, now lives with her mother in Manaus, the Amazonian Mônica Dutra, 32, a purchasing manager. Mônica met the father of Nicole, the American Robert Martin Pate, 46, in Manaus. The two dated for some time and Mônica got pregnant. Nicole was born in the capital of Amazonas. When she was six months, in April 2001, the parents moved to Houston, in the U.S. state of Texas, where they got married. Three years later, marital problems had worsened and Mônica asked for a separation. According to her, Robert never accepted this solution. "You will pay the price of the divorce," he would have said at the time. Robert, in turn, says that Mônica did not get used to the American way of life, "without a maid and without a nanny." She denies it. In the United States, Nicole was under shared custody and received regular visits from the father. Mônica noted that under the laws of Texas (in the U.S., the law on custody varies from state to state), she was forced to live within the metropolitan area of Houston. Mônica says that, after the separation, she missed her family and wanted to return to Brazil. When her father got cancer, she decided to return for good. She said that to Robert, but he did not accept it. Then, she left with Nicole, with a permit for her [sic, it should be: them] to spend a few days in Manaus.

The two [sic] did not return to Houston. Robert filed a lawsuit in American court, that considered the case as a "kidnapping of minor." Monica says that she never received legal notices on any lawsuit. She also says that was she never prevented Robert of seeing Nicole and that her family offered logistical and financial support for him to visit the girl. Robert filed a lawsuit in a Brazilian court to get the custody of their daughter and lost. Today, they are both tired with the legal disputes. In April, Robert and Mônica are expected to meet, in Brazil, to try to find an amicable agreement.

                                                   
Almost all the stories begin as fairy tales and end in terrible fights in court

The wars for the custody of a child go beyond the cold numbers. They represent the pain of hundreds of families, both on the maternal and the paternal sides, and can directly affect the emotional state of the principal involved, the child. This not to mention the exorbitant amounts that parents spend with fees for local and international lawyers. Almost all of the stories of these Brazilians have in common romances that began like fairy tales and ended in ironlike disputes in international tribunals, some becoming diplomatic clashes, such as the case of the boy Sean. The most common situations are those of Brazilian women married to foreigners who go live outside the country and, after a separation, for different reasons, want to return to this country with their children. At the time of return, the question arises: who should stay with the child? According to the Hague Convention, of which Brazil is a signatory, as it regards the abduction of children, a child may only leave or remain in a country with the consent of the holders of the right of custody.

The Convention, like any other legal document, is well-intentioned: it seeks the welfare of the child. The problem is its interpretation. One of the most controversial items is the one that says that the holder of custody loses the case for custody a year after the "abduction." In discussing the custody, other issues hang. How are the visits when it is necessary to catch a plane to see the child? How are disputes on property?

Since the beginning of 2008, the boy Lucas Aagesen is at the center of a fierce fight between his Brazilian mother, the psychologist Roberta Santalucia, and his father, the Danish economist and public official Soren Aagesen. While he plays in the house he lives in Atibaia (a city 65 kilometers from São Paulo), the Brazilian boy of 3 is the center of a legal battle that makes the lives of his parents a hell. The couple decided to break away for good in May 2008, when Roberta took Lucas and left home Soren's home [sic], in Malmö, Sweden, headed to Brazil. What followed the trip was a flood of lawsuits, filed by Soren, and a decision that left Roberta perplexed: the Swedish Justice classified the return [sic] of Luke as a "grave crime" and ordered her arrest in Brazil. She is now part of a list of Interpol, and may even be arrested if she leaves Brazil.

 What would have been the crime committed by the mother of Luke? To judge by the definitions of the Hague Convention, invoked by the Swedish prosecution, Roberta kidnapped her own child when left Sweden without the authorization of the father of the boy. This is the argument of Soren. Luke's mother has another version. "I would not leave Sweden without following all the guidelines of the Brazilian embassy," said Roberta. She tells that she only returned to Brazil because Soren, himself, signed an official document of the Brazilian Embassy authorizing the return of the child. She had also already obtained the temporary custody of Lucas in the Brazilian Justice. Roberta's defense says the Swedish Justice ignored the documents and that the decision to arrest her is an affront to the sovereignty of the Brazilian laws. The process that will define the custody of Lucas runs in secrecy of Justice and has dragged on several fronts, in Brazil and Sweden. But as in the case of Mônica and Bruna, this story lives the same asymmetry: depending on the country, Roberta can be found guilty or innocent. In Sweden, her arrest remains valid. In Brazil, she has the temporary custody of the child and was cleared of the crime of kidnapping, described in the Hague Convention. An action of search and seizure of Lucas came to be authorized, but another decision of the Federal Justice annulled that action.

An important issue considered by the judges is how the child is living at the time of a court decision. Even after years of disputes, she is generally already adapted to a home. Once she has established links with a family and a country, it becomes more difficult to withdraw her from there - even more when the visits from other parent are rare, which is common. The Brazilian families interviewed ensure that children that they always gave access to the former spouse to visit. The Americans Goldman and Pate said that they did not come to Brazil for being guided by their lawyers not to fall into a "legal ambush." That would mean that if presence of the father was characterized as "constant," maybe they lose the chance that their cases be tried in their own countries.

 But what is ultimately at stake? Is it not the welfare of these boys and girls? To complicate further, each side relies on different resolutions of the courts of each country. In Europe, to alleviate this judicial conflicts, it was established, in the European Parliament, a mediating body only to handle these cases. The best solution, as it is already said in the Hague Convention, is one that contemplates the child, not the wishes of parents. Often, in this furious war, this is forgotten.


 Robert Pate in the old picture with Nicole. He expects an amicable solution to the dispute with Monica


Monica Dutra, with her daughter Nicole. She left the U.S. with temporary permission. The father, the American Robert, wants his daughter back

Offline Grace

  • Global Moderator
  • Veteran Member
  • *
  • Posts: 1981
Re: EPOCA Article: Pate Interview
« Reply #10 on: July 03, 2009, 02:26:59 PM »
Epoca has been completely biased towards these mothers for a long time. So the Swedish father gave the Brazilian mother an "authorization" for her to go to Brazil..great way of confusing people, it's the same travel authorization David signed for Sean, which is meant for a limited vacation and not forever! They make the fathers seem menacing and the mothers poor victims! And of course they failed to mention that in Sean's case there is no mother. One sided and deceitful article. Arrghh

Offline Grace

  • Global Moderator
  • Veteran Member
  • *
  • Posts: 1981
Re: EPOCA Article: Pate Interview
« Reply #11 on: July 03, 2009, 02:31:12 PM »
Even though this is an older article I am writing to this Katia Mello and the Andres guy right now!

Offline Dan_Plainview

  • Sr. Member
  • ****
  • Posts: 269
Re: EPOCA Article: Pate Interview
« Reply #12 on: July 03, 2009, 04:06:08 PM »
Quote from: Nicole's Dad;40670
Nicole of 7 years, now lives with his mother in Manaus, the Amazon Monica Dutra, 32 years, purchasing manager. Monica met the father of Nicole, the American Robert Martin Pate, of 46 in Manaus. The two girlfriend for some time and Mônica pregnant. Nicole was born in the capital of Amazonas. When she was six months, in April 2001, parents moved to Houston in the U.S. state of Texas, where he married. Three years later, the marital problems have worsened and Monica asked the separation. In it, Robert has never accepted this solution. "You will pay the price of divorce," he had said at the time. Robert, in turn, says that Monica is not used to the American way of life "without working without nanny. She denies. In the United States, was under guard Nicole shared and received regular visits of the father. Monica noted that under the laws of Texas (in the U.S. custody of the law varies from state to state), she was forced to live only in the metropolitan area of Houston. Monica says that after the separation, he missed the family and wanted to return to Brazil. When his father had a cancer, decided to return to duty. He said that to Robert, but he did not accept. So she went with Nicole with a permit for it to pass some days in Manaus.
 
The two most not returned to Houston. Robert came to court with an American, which considered the case as "abduction of minor." Monica says that it never received legal notices on a process. It also says that Robert never stopped to see Nicole and her family that offered to logistical and financial support to visit the girl. Robert came to an action in court to get the Brazilian custody of their daughter and lost. Today, they both are tired with the legal disputes. In April, Robert and Monica must be in Brazil to try to find an amicable agreement.
 
I want to set the record straight. This article and Epoca magazine SUCKS!!!!!! This is the first time I have been able to read the translation. First of all, never did I say out of my mouth "You will pay the price of divorce".

She never once offered me financial assistance to visit with Nicole. She offered it to Nicole's sister but not me. As far as her having to live "ONLY" in the Houston, not true. She was ordered to stay within Harris County and the surrounding counties. The courts decide this. Not me. It was a standard divorce. So don't buy into that.

That's enough. Not going to get into defending myself. I know what happened and I know the truth. I have the e-mails straight from her to prove otherwise. Have a great holiday everyone.

I'm shocked ... so your saying that someone capable of abduction is also capable of lies? Say it ain't so ...

A nice holiday weekend to you, too!
Dan
 
Break my heart for what breaks Yours

Offline noah3698

  • Sr. Member
  • ****
  • Posts: 346
Re: EPOCA Article: Pate Interview
« Reply #13 on: July 03, 2009, 05:38:35 PM »
Quote from: Nicole's Dad;40670
Nicole of 7 years, now lives with his mother in Manaus, the Amazon Monica Dutra, 32 years, purchasing manager. Monica met the father of Nicole, the American Robert Martin Pate, of 46 in Manaus. The two girlfriend for some time and Mônica pregnant. Nicole was born in the capital of Amazonas. When she was six months, in April 2001, parents moved to Houston in the U.S. state of Texas, where he married. Three years later, the marital problems have worsened and Monica asked the separation. In it, Robert has never accepted this solution. "You will pay the price of divorce," he had said at the time. Robert, in turn, says that Monica is not used to the American way of life "without working without nanny. She denies. In the United States, was under guard Nicole shared and received regular visits of the father. Monica noted that under the laws of Texas (in the U.S. custody of the law varies from state to state), she was forced to live only in the metropolitan area of Houston. Monica says that after the separation, he missed the family and wanted to return to Brazil. When his father had a cancer, decided to return to duty. He said that to Robert, but he did not accept. So she went with Nicole with a permit for it to pass some days in Manaus.
 
The two most not returned to Houston. Robert came to court with an American, which considered the case as "abduction of minor." Monica says that it never received legal notices on a process. It also says that Robert never stopped to see Nicole and her family that offered to logistical and financial support to visit the girl. Robert came to an action in court to get the Brazilian custody of their daughter and lost. Today, they both are tired with the legal disputes. In April, Robert and Monica must be in Brazil to try to find an amicable agreement.
 
I want to set the record straight. This article and Epoca magazine SUCKS!!!!!! This is the first time I have been able to read the translation. First of all, never did I say out of my mouth "You will pay the price of divorce".
 
She never once offered me financial assistance to visit with Nicole. She offered it to Nicole's sister but not me. As far as her having to live "ONLY" in the Houston, not true. She was ordered to stay within Harris County and the surrounding counties. The courts decide this. Not me. It was a standard divorce. So don't buy into that.
 
That's enough. Not going to get into defending myself. I know what happened and I know the truth. I have the e-mails straight from her to prove otherwise. Have a great holiday everyone.

That must be so frustrating for you.  Your daughter is beautiful.