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Offline Dan_Plainview

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Re: More Appeals
« Reply #30 on: December 11, 2009, 06:54:22 PM »
Carlos,

I pray that you and your son are reunited soon!!
Dan
 
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Offline kmoor88

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Re: More Appeals
« Reply #31 on: December 11, 2009, 07:55:21 PM »
Carlos,
I wish you lots of luck next week.

Offline greg4sean

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Re: More Appeals
« Reply #32 on: December 13, 2009, 01:12:06 AM »
Would it not be great if we had good news from Carlos on Tuesday and good news the next day from David! My prayers are for both Sage and Sean to be home for Christmas! And all the others! Let's keep on fighting for H.R. 3240 no matter what the news is.
 
:pope:
As Sean said to David: "Maximum Force"
 
Isaac Savoie: “The Force is in you Daddy!”

Offline lovellboys

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Re: More Appeals
« Reply #33 on: December 15, 2009, 03:50:49 PM »
Quote from: greg4sean;50221
Would it not be great if we had good news from Carlos on Tuesday and good news the next day from David! My prayers are for both Sage and Sean to be home for Christmas! And all the others! Let's keep on fighting for H.R. 3240 no matter what the news is.
 
:pope:

Do we have any news yet from Carlos?

Offline M.Capestro

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Re: More Appeals
« Reply #34 on: December 15, 2009, 04:03:15 PM »
What a week. Praying for good things for you, Carlos.

Offline SageDad

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Re: More Appeals
« Reply #35 on: December 16, 2009, 03:22:18 PM »
Thank you all for your thoughts, prayers and best wishes.

My lawyer didn't even bother going into court yesterday.  He knew that the judge was not going to issue a verdict.  On friday the judge issued orders saying that my wife had improperly filed her appeal and marked the Mexican Central Authority, local Child and Family Services and prosecutors office as "tercer perjudicados" which roughly translates to "injured third parties".  I am an injured third party if the appeal is granted but they are not.  The judge said that since they are invalid as " tercer perjudicados" he would give her three days to manifest if it is her desire to change them from tercer perjudicados to "autoridades responsables" or authorities responsable for the alleged violation of her constitutional rights.  It was not my wife's intent to delay anything by doing this but rather one of the many incompetent things her and her attorneys have done throughout this litigation which have lead me to frequently say that in Mexico a monkey can defend a kidnapper while LBP's need expert advice and representation to confront the many obstacles and disadvantages they face in a system that, by design, strongly favors mothers and Mexican citizens (even if the State Dept. tells you that you don't need a lawyer).  In addition, when court cases involve minors, a legal practice known as "suplencia de la queja" is applied that basically says that judges should consider other arguments that haven't been entered by either party when trying to resolve the case such that the best interest of the child is guarranteed.  In practice this principle means that even incompetent lawyers representing abductors have their filings fixed by the judges themselves while poor filings made by LBP's are thrown out or denied -- both of which waste ungodly amounts of time.  The result of the judge publishing an order giving my wife 3 days to modify her appeal 3 days before he was supposed to make a decision is that those three days will not have transcurred prior to the hearing date and the hearing would be rescheduled for a month later.  Had the judge published this nonsense on Thursday (rather than friday) we could have had a decision yesterday, but I think that was part of the reason he waited till friday.  What makes this even more frustrating is that we waited months while this same judge "legally notified" these same authorites that they had been listed as "tercer perjudicados" to an amparo only to now have him say they had been improperly listed as such...  Welcome to Mexico I guess.

My lawyer did go to court today to review the docket and told me that the federal prosecutors office (which has nothing to do with the Central Authority, unlike in Brazil) has filed a brief with the court "attacking me with everything".  I'm not sure what that means or what implications it will have for my case at the next scheduled, and likely postponed again, decision date in mid-january, but I will have a better idea once my lawyer gets back to Mexico City, so I can talk to him in greater detail and get copies of the prosecutor's briefs.

When I think about how many agencies my wife has been able to get to side with her and take actions on her behalf I get even more angry thinking about how the only one helping me is the Office of Children's Indifference who "will not take sides"  in "private custody disputes".  As angry as I am with Mexico I respect them for at least fighting for their own citizens (such as my kidnapping wife -- even when she is wrong) and not writing them off to avoid the mere possibility of diplomatic friction even when they are right like the US government does.
“What you seek is seeking you.”
― Rumi

Offline lovellboys

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Re: More Appeals
« Reply #36 on: December 16, 2009, 03:55:31 PM »
I am sorry Carlos.  I am celebrating (albeit caustiously) for David, and I am sad for you that your fight continues.  You are in my thoughts and prayers, as are all the children and their LBP's.

Offline greg4sean

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Re: More Appeals
« Reply #37 on: December 16, 2009, 05:03:13 PM »
I will keep praying for you and Sage. I think you, David and the others should all share Father of the Century award for all you are going through.
As Sean said to David: "Maximum Force"
 
Isaac Savoie: “The Force is in you Daddy!”

Offline LDJVR

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Re: More Appeals
« Reply #38 on: December 16, 2009, 05:35:23 PM »
Quote from: carlos;50687
Thank you all for your thoughts, prayers and best wishes.
 
My lawyer didn't even bother going into court yesterday. He knew that the judge was not going to issue a verdict. On friday the judge issued orders saying that my wife had improperly filed her appeal and marked the Mexican Central Authority, local Child and Family Services and prosecutors office as "tercer perjudicados" which roughly translates to "injured third parties". I am an injured third party if the appeal is granted but they are not. The judge said that since they are invalid as " tercer perjudicados" he would give her three days to manifest if it is her desire to change them from tercer perjudicados to "autoridades responsables" or authorities responsable for the alleged violation of her constitutional rights. It was not my wife's intent to delay anything by doing this but rather one of the many incompetent things her and her attorneys have done throughout this litigation which have lead me to frequently say that in Mexico a monkey can defend a kidnapper while LBP's need expert advice and representation to confront the many obstacles and disadvantages they face in a system that, by design, strongly favors mothers and Mexican citizens (even if the State Dept. tells you that you don't need a lawyer). In addition, when court cases involve minors, a legal practice known as "suplencia de la queja" is applied that basically says that judges should consider other arguments that haven't been entered by either party when trying to resolve the case such that the best interest of the child is guarranteed. In practice this principle means that even incompetent lawyers representing abductors have their filings fixed by the judges themselves while poor filings made by LBP's are thrown out or denied -- both of which waste ungodly amounts of time. The result of the judge publishing an order giving my wife 3 days to modify her appeal 3 days before he was supposed to make a decision is that those three days will not have transcurred prior to the hearing date and the hearing would be rescheduled for a month later. Had the judge published this nonsense on Thursday (rather than friday) we could have had a decision yesterday, but I think that was part of the reason he waited till friday. What makes this even more frustrating is that we waited months while this same judge "legally notified" these same authorites that they had been listed as "tercer perjudicados" to an amparo only to now have him say they had been improperly listed as such... Welcome to Mexico I guess.
 
My lawyer did go to court today to review the docket and told me that the federal prosecutors office (which has nothing to do with the Central Authority, unlike in Brazil) has filed a brief with the court "attacking me with everything". I'm not sure what that means or what implications it will have for my case at the next scheduled, and likely postponed again, decision date in mid-january, but I will have a better idea once my lawyer gets back to Mexico City, so I can talk to him in greater detail and get copies of the prosecutor's briefs.
 
When I think about how many agencies my wife has been able to get to side with her and take actions on her behalf I get even more angry thinking about how the only one helping me is the Office of Children's Indifference who "will not take sides" in "private custody disputes". As angry as I am with Mexico I respect them for at least fighting for their own citizens (such as my kidnapping wife -- even when she is wrong) and not writing them off to avoid the mere possibility of diplomatic friction even when they are right like the US government does.

 




It is hard to believe that our country will not finally flex it's muscle and put an end to our people getting blown off by the judiciaries in these countries. What is it going to take??????:burn:  MY GOSH!!:mad2:  Where is the POTUS?!:mad2:  This is ridiculous, We put these people in office AND THEY LET OUR CHILDREN BE KIDNAPPED BY ANOTHER COUNTRY:cloud:

Offline UD_student

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Re: More Appeals
« Reply #39 on: December 17, 2009, 03:46:34 PM »
Carlos, I'm so sorry to hear that turn of events. I cannot fathom facing such inept people on many levels as you have encountered simply to get your son back where he legally belongs. I'm making more phone calls today to people and definitely going to make sure I mention your case as one of the cases (I always mention several to emphasize it is more than just one child or one country) I discuss when I get someone's ear.

Offline sue

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Re: More Appeals
« Reply #40 on: December 18, 2009, 10:18:36 AM »
Carlos, I'm sorry to hear that you have to wait once again.  I think if you had filed the wrong papers they would have just ruled in your wife's favor.  I don't think this is right, it's as if the judge is helping her, maybe I'm wrong.  I read through it so quickly because of the crap going on with David.  Unbelievable.

Offline sherrybar

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Re: More Appeals
« Reply #41 on: December 23, 2009, 03:12:53 AM »
God bless you! You will be in my prayers.

Offline sue

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Re: More Appeals
« Reply #42 on: December 23, 2009, 06:53:24 PM »
Should we all start to focus on this case?  What should or could we all do to help?  Other than getting the bills passed.

Offline tweinstein

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Re: More Appeals
« Reply #43 on: December 23, 2009, 11:34:19 PM »
Quote from: gail;58056
Should we all start to focus on this case?  What should or could we all do to help?  Other than getting the bills passed.
Nothing to diminish from Carlos' debacle, but I think that the momentum is with Brazil right now.

Offline SageDad

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Re: More Appeals
« Reply #44 on: December 24, 2009, 02:22:01 AM »
Quote from: tweinstein;58446
Nothing to diminish from Carlos' debacle, but I think that the momentum is with Brazil right now.


As with most things, it is best to strike while the iron is hot.  Brazil does have momentum and it should remain in the crosshairs but the momentum is also with the issue itself.  Limiting this to a single country, like limiting it to a single child, takes away from the gravity of the issue.  You can't say "there are 3000 abducted American children" (a gross-underestimate if you ask me but I digress) and hyper focus on Brazil, a country where less than 5% of the abducted children actually end up.  What's worse is that limiting this to Brazil runs the very serious risk of having all the parties involved declare victory at the return of Sean and the newfound understanding of the Hague Convention by the Brazilian judiciary.  I assure you that there are many high up in our government who will be looking to declare "mission accomplished" and throw this diplomatic irritant back into the closet that David and BSH pulled it out of.  

In almost every instance, efforts to address this issue piecemeal by parents or politicians who don't want to broaden the scope of the discussion beyond their particular child, country or constituent have led to no changes being realized whatsoever -- for anyone.  David and Sean are very fortunate to be exceptions to this rule though credit must be given to BSH and David for quickly recognizing and calling out that the issue was bigger than just Sean.  I'm sure that their doing so has helped keep this issue alive when it started to drag on and challenge the perserverance and attention span of those involved.  We need to work together and continue to treat this as a global problem both foreign and domestic.  I think we should continue to highlight individual cases and focus on specific ones, as determined by some reasonable criteria, but the emphasis should be on creating a just system for all our children.

IMHO, parents like Michael McCarthy (whom I have the utmost sympathy for) oftentimes make the mistake of giving the impression that their child/case/situation is unique and make no effort to present the situation as it actually exists, which is to say, but one of many examples of a systemic problem that exists in our society.  The end result of this myopia is that the average American viewer or news agency loses interest because the story, while tragic, is still just the unfortunate story of one parent or child who "fell through the cracks" and not the story of many American's (adults and children) who were actually tossed in a gaping hole in our societies infrastructure and abandoned by their own government to suffer in the frequently capricious and unjust courts of foreign countries.  This failure to help our very children is not just a failure of foreign governments but a failure of our own government and this fact is something that must be emphasized to the American people.  When I hear that the Brazilian judiciary and government is a kangaroo court or banana republic I think, that really sucks but what can I do about that?  When I hear that my own government is doing next to nothing to help American children who are parentally kidnapped to foreign countries, or to my own country, I get angry and see an issue that, as a voting American citizen, I have a chance to do something about.
“What you seek is seeking you.”
― Rumi