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SageDad:
A week ago my wife filed an appeal against the Supreme Court of her state claiming they violated my son's constitutional rights when they ordered him returned to the United States.  The grounds for that appeal?  Our now two year old son was not allowed to voice his own opinion during the legal proceedings.  He was not allowed to defend himself and the Convention on the Rights of the Child give children the right to have their opinions heard during any legal proceeding, and since he wasn't assigned his own lawyer and allowed a chance to have his own opinions heard the whole past 11 months of legal proceedings should be declared invalid.  That was the entire basis of her appeal.  It was all of six pages, the majority of those six was boilerplate legal terminology.

One might think that such an appeal would be immediately thrown out.  Is the court really supposed to declare the work of 3 courts and 5 judges over 11 months invalid because a 2 year old boy didn't have his own lawyer and wasn't allowed to testify?  Well, if one thinks appeals like that are thrown out they haven't litigated in Mexico.  The return order was immediately suspended until the appeal is decided.  Basically any appeal in Mexico immediately suspends the effect of almost any sentence and always suspends orders for returning children to foreign countries.  

So now we move to a new court.  The sad thing is that the arguments made by my wife and her attorney's have all been equally bad and unfounded, but that really doesn't matter.  The deck is stacked so high against an American father trying to get his child back from a Mexican mother that the she could get a drunk money to represent her in court and win.  It is only by paying a specialist in family and international law that father's like myself have any chance in Mexico at all and even then it is not a good one.  We fight in the courts for years to win a decision that cannot be appealed (assuming the abductor is ever located and served a subpoena) and then hope the order actually gets enforced.

ananddad:

--- Quote from: carlos;45218 ---A week ago my wife filed an appeal against the Supreme Court of her state claiming they violated my son's constitutional rights when they ordered him returned to the United States. The grounds for that appeal? Our now two year old son was not allowed to voice his own opinion during the legal proceedings. He was not allowed to defend himself and the Convention on the Rights of the Child give children the right to have their opinions heard during any legal proceeding, and since he wasn't assigned his own lawyer and allowed a chance to have his own opinions heard the whole past 11 months of legal proceedings should be declared invalid. That was the entire basis of her appeal. It was all of six pages, the majority of those six was boilerplate legal terminology.
 
One might think that such an appeal would be immediately thrown out. Is the court really supposed to declare the work of 3 courts and 5 judges over 11 months invalid because a 2 year old boy didn't have his own lawyer and wasn't allowed to testify? Well, if one thinks appeals like that are thrown out they haven't litigated in Mexico. The return order was immediately suspended until the appeal is decided. Basically any appeal in Mexico immediately suspends the effect of almost any sentence and always suspends orders for returning children to foreign countries.
 
So now we move to a new court. The sad thing is that the arguments made by my wife and her attorney's have all been equally bad and unfounded, but that really doesn't matter. The deck is stacked so high against an American father trying to get his child back from a Mexican mother that the she could get a drunk money to represent her in court and win. It is only by paying a specialist in family and international law that father's like myself have any chance in Mexico at all and even then it is not a good one. We fight in the courts for years to win a decision that cannot be appealed (assuming the abductor is ever located and served a subpoena) and then hope the order actually gets enforced.
--- End quote ---

When is the appeal scheduled to be heard? Different child, different parent, different country and different circumstances....the only tragic constant is the never ending stream of appeals. And they call this 'due process'.

SageDad:

--- Quote from: ananddad;45219 ---When is the appeal scheduled to be heard? Different child, different parent, different country and different circumstances....the only tragic constant is the never ending stream of appeals. And they call this 'due process'.
--- End quote ---


There's something very wrong about a person who unilaterally grabs a child and illegally takes them out of a country complaining about a lack of due process.

The appeal is more or less in process now.  One nice thing about it being so short is that it shouldn't take long to resolve (in theory), but there's no guarranteed time frame for that.  In the appeal she claimed to not know my address, probably hoping I'd not get notified of the appeal -- really stupid since she later included the sentence of the Supreme Court judge that ordered my son explicitly returned... to my address.  There seem to be lots of games that try to file motions or issue sentences without notifying me, the Central Authority of Mexico or the US State Dept.  I am worried that there is some other appeal somewhere, with some other court that we're not aware of.  I am hoping this is resolved in two months so we have some chance of doing something afterwards yet before the court shuts down again for their month long Christmas vacation.

ananddad:

--- Quote from: carlos;45220 ---There's something very wrong about a person who unilaterally grabs a child and illegally takes them out of a country complaining about a lack of due process.
--- End quote ---

I was referrring to the Courts by the word 'they' and not the abducting parent. My bloody English!!
 

--- Quote from: carlos;45220 ---In the appeal she claimed to not know my address, probably hoping I'd not get notified of the appeal -- really stupid since she later included the sentence of the Supreme Court judge that ordered my son explicitly returned... to my address.
--- End quote ---

Give them enough rope and ..........:D
 

--- Quote from: carlos;45220 ---..yet before the court shuts down again for their month long Christmas vacation.
--- End quote ---

Looks like Mexican Courts are like Indian Courts..they have more holidays in a calendar year than Elementary School kids.

SageDad:
We responded to this 6 page appeal with 35 pages on why it was complete crap but earlier this week found out that yet another appeal had been filed.  The first appeal I mentioned earlier in this thread was, by and large, an inappropriate one, much like many of the ones that have been filed in Sean's case.  The correct type of appeal to file against a final State Supreme Court decision is an Amparo Directo and she filed an Amparo Indirecto.  These different types are filed w/ different courts for different types of cases.  In general the Indirecto is used for everything except appealing a final ruling against a high court decision.  We hoped that it was by mistake and had good reason to think it was.  Oftentimes it seems her lawyers have a team of monkeys on typewriters handing in anything that is halfway coherent, but they did file an amparo directo on the last day they were allowed to do so.  We haven't seen it but know it's some 50 pages long.  Although the arguments of her lawyers are nonsense it is actually oftentimes harder to argue against nonsense than logic.  Logical errors are easy to point out but when the whole thing is poorly founded, convoluted nonsense it requires much more effort to untangle it... and so we begin again.  For those that are counting that makes four amparos heard for a total of 6 trials so far (counting the family and State Supreme Court)... and the potential for many more.

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