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Author Topic: STF President decision expected 12/21: 5pm UPDATE DECISION NOW EXPECTED TUESDAY  (Read 131590 times)

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Offline Angel For Justice

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Re: STF President expected to make decision Monday Dec 21
« Reply #30 on: December 20, 2009, 08:04:29 PM »
I simply don't understand how the grandmother has any rights to involvement here at all. All she should be entitled to is to file for Rights of Access under the Hague Convention where she is not a parent of Sean, just a grandmother. She should only be entitled to visitation. Well, of course, she is entitled to go to jail (with the step father) for wrongfully retaining Sean for the last 2 years since the mother died. I hope David decides to pursue criminal action against the woman when he gets Sean back. Then, I believe, there will be Justice For All...

Offline heatheram29

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Re: STF President expected to make decision Monday Dec 21
« Reply #31 on: December 20, 2009, 08:09:50 PM »
Quote from: Audax;53137
I'm worried that they might take off with Sean. There should be surveillance at the compound. Also, if David really has to wait out the 24 or 48 hours, maybe Sean should be in the guard of officials. You know that the kidnappers will use every minute they have Sean to brainwash him and try to alienate him from David.

 
As am I. I wouldn't put anything past these people.. anything.

Offline kmoor88

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Re: Possibility Sean will be returning next week??
« Reply #32 on: December 20, 2009, 08:11:58 PM »
Quote from: André Felipe;53140
That's very very possible, indeed.
But I realy would not like to be this STJ plantonist Minister (if he tends to grant a stay order in favor to JPLS, specially if Gilmar Mendes cancel MA's preliminary decision tomorrow)
Thank You, Andre' I will be able to sleep a little better now hearing that from you. We really appreciate you:)

Offline noah3698

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Re: Possibility Sean will be returning next week??
« Reply #33 on: December 20, 2009, 08:14:40 PM »
Quote from: André Felipe;53140
That's very very possible, indeed.
But I realy would not like to be this STJ plantonist Minister (if he tends to grant a stay order in favor to JPLS, specially if Gilmar Mendes cancel MA's preliminary decision tomorrow)

My question is.....
I thought it takes time for an appeal to be accepted (not filed) by the court and if the 48 house ruling goes back into effect than would JPLS's legal team have enough time for their appeal to be heard?

-chrissy

Offline André Felipe

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Re: STF President expected to make decision Monday Dec 21
« Reply #34 on: December 20, 2009, 08:16:38 PM »
Quote from: Angel For Justice;53143
I simply don't understand how the grandmother has any rights to involvement here at all. All she should be entitled to is to file for Rights of Access under the Hague Convention where she is not a parent of Sean, just a grandmother. She should only be entitled to visitation. Well, of course, she is entitled to go to jail (with the step father) for wrongfully retaining Sean for the last 2 years since the mother died. I hope David decides to pursue criminal action against the woman when he gets Sean back. Then, I believe, there will be Justice For All...

She is not part of the Hague proceeding (AGU, David x JPLS).
That's why she filed a Habeas Corpus. Anyone can fill a HC in favor to anyone. Even myself could fill an habeas corpus asking what she is asking.
 
The problem is, HC should never be received by the Minister in this case, there's no violation against Sean's right of liberty of moving.
Marco Aurelio should have done like Gilmar Mendes did before, which is to archive the HC.

Offline Teena

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Re: STF President expected to make decision Monday Dec 21
« Reply #35 on: December 20, 2009, 08:22:17 PM »
Oh geeeez! Praying so hard for David and Sean! Let this nightmare be over and David and Sean HEAL! There is definitely a lot of healing to be done. Then we can work on getting the rest of these kids home!
Teena Duffy
Moderator
BringSeanHome.org

Offline André Felipe

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Re: Possibility Sean will be returning next week??
« Reply #36 on: December 20, 2009, 08:23:03 PM »
Quote from: noah3698;53149
My question is.....
I thought it takes time for an appeal to be accepted (not filed) by the court and if the 48 house ruling goes back into effect than would JPLS's legal team have enough time for their appeal to be heard?
 
-chrissy

It can happen, but it's also very possible the first analyse of the appeal to occur within 24h period, or 48 hours. It's not unusual.
 
The problem (for JPLS) is: if GM cancels MA's decision tomorrow, would the STJ plantonist Minister, or the TRF's president have courage enough to grant another stay order in favor to JPLS? after all this mess created by Silvana and Marco Aurelio???
 
I don't think so. (I hope).

Offline tweinstein

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Re: Possibility Sean will be returning next week??
« Reply #37 on: December 20, 2009, 08:38:02 PM »
Quote from: Rio Gringa;53104
Because of the political pressure, there seems to be a small possibility that this judge could issue Sean's immediate return to the US, but from what I understand, the family can still appeal the TRF-2 decision to the STJ. But since the emergency decision is being made in the STF, which is the highest court, maybe there's some way to prevent this.
I believe the AGU's latest motion to declare the Hague Convention as supralegal addresses this. If it is granted, it should severely limit the JPLS crew's ability to file appeals.

Offline BEJ_Mom

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Re: STF President expected to make decision Monday Dec 21
« Reply #38 on: December 20, 2009, 08:42:22 PM »
How many times do they get to be told no? Enough with the appeals & the stays already. Their 48 hours was up in June. Their 6 weeks was up years ago! SEND THE BOY HOME!
 
Praying for Sean's & David's strength, healing & a safe return to NJ.

Offline mikeberry

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Re: Possibility Sean will be returning next week??
« Reply #39 on: December 20, 2009, 08:46:09 PM »
Quote from: André Felipe;53152
It can happen, but it's also very possible the first analyse of the appeal to occur within 24h period, or 48 hours. It's not unusual.
 
The problem (for JPLS) is: if GM cancels MA's decision tomorrow, would the STJ plantonist Minister, or the TRF's president have courage enough to grant another stay order in favor to JPLS? after all this mess created by Silvana and Marco Aurelio???
 
I don't think so. (I hope).

I agree with you Andre!  Did you see how fast the Brazillian Gov't "mobilized" in order to stop the retaliation?  :D  Don't know where the article is.  Somewhere in the threads.  I wonder how Lula would feel to have the same chain of events repeated, but with even more media and scrutiny.  Stay lifted, then appealed again and another stay.  I just don't see it happening at this point.  Silvana wanting to deal is a very positive sign in my book.  She is trying to save face.  She looked anything but sympathetic asking David to dinner and then threatening him.  :eek:  What a complete waste of flesh.

Offline sue

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Re: Possibility Sean will be returning next week??
« Reply #40 on: December 20, 2009, 08:52:49 PM »
Quote from: tweinstein;53162
I believe the AGU's latest motion to declare the Hague Convention as supralegal addresses this. If it is granted, it should severely limit the JPLS crew's ability to file appeals.
That's a very good point!

Offline M.Capestro

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Re: STF President expected to make decision Monday Dec 21
« Reply #41 on: December 20, 2009, 08:56:23 PM »
Quote from: lbl;53159
Just want to say that I will pray big time for David and Sean tonight .... it's not over yet... but without BSH's team nothing would have happened... So amazing what all of you have done for David, Sean & JUSTICE !!!!  Happy Holidays to all of you!

And to you, lbl. May God's blessings be with you and yours this holiday season and may 2010 be a breakthrough and joyfilled year!

Offline Jackie in Upstate NY

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Re: Possibility Sean will be returning next week??
« Reply #42 on: December 20, 2009, 09:00:57 PM »
Quote from: gail;53170
That's a very good point!
Aw - man - do I hope your right ! ... and as it should have been to begin with!

Offline mikeberry

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Re: STF President expected to make decision Monday Dec 21
« Reply #43 on: December 20, 2009, 09:03:26 PM »
Goodnight everyone!  I will be praying as always!  I will be checking in from work as much as possible tomorrow.

Offline Feltian

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Re: STF President expected to make decision Monday Dec 21
« Reply #44 on: December 20, 2009, 09:09:28 PM »
I'm glad my time zone is 6 hours ahead of Rio so when I wake up if the decision has not been announced by then, it will be pretty soon and I will have less moments of being anxious.