Background Information

[Grace]

It's a very difficult road, very slow. Brazil has to learn about the Hague Convention, it has to be more discussed. Hard choice to make Tim.

[sue]

Were you able to talk to your wife about possibly coming back to the states?

[tweinstein]

According to court dockets, the MPF has until next week to issue an opinion regarding the return of my children to the United States. My understanding is that this is the only remaining step before the judge issues a ruling. Let's hope that they properly apply the Hague Convention.

[M.Capestro]

Praying for you, Tim!

[SageDad]

According to court dockets, the MPF has until next week to issue an opinion regarding the return of my children to the United States. My understanding is that this is the only remaining step before the judge issues a ruling. Let's hope that they properly apply the Hague Convention.

I pray the MPF actually renders his opinion when he's supposed to and the judge takes prompt action on it following in the footsteps of Judge Pinto.

[rachelle4]

I'm praying too, Tim!

[ProudDaddy]

Tim, you are doing the right thing, establishing a line of communication with your children. Like you said, worse case scenario is that they will want to study in America as they become teenagers, despite what mom wants. They will start making their own decisions. Do you use skype to communicate with them? Nowadays these internet cameras have better quality. It's harder when kids are too young to use the internet.
I use the good-old telephone. I have a VOIP plan (similar to Vonage), though one that allows me unlimited calls to landlines in Brazil.
 
One thing I don't understand: your ex-wife has not tried to cut you off from their life, so you are in a much better situation than other LBPs, but can your kids travel to the US for their summer vacation and stay with you? Like other kids whose parents live in different cities or states?
I agree that I am in a much better situation than most LBPs in that I have regular contact with my children. Largely due to language barriers though, I rarely have a complete discussion with my daughter on the phone (in person we can understand each other MUCH better). The answer to your question is "NO". The only way they would be permitted to visit the United States during vacation was if I dropped the Hague case and accepted Brazil as their country of habitual residence. You must remember that in nearly every case, the first thing the LBP obtains is a court order demanding the return, along with custody, of the children.

Out of curiosity, do your kids speak good English still? I suppose their Portuguese must be like native by now.

[tweinstein]

Out of curiosity, do your kids speak good English still? I suppose their Portuguese must be like native by now.

They actually spoke Portuguese before English as they as they had a stay-at-home mother. My son's English is still very good. He speaks with a U.S. accent, though his vocabulary is limited to whatever he knew when he was illegally retained in Brazil. My daughter however, speaks English with a Brazilian accent and likely will for her entire life. In addition, since she was only five when she was illegally retained, her vocabulary was still rather small. Consequently, she has difficulty maintaining a conversation in English.

[sue]

I'm praying for you too.

[tweinstein]

The MPF issued an opinion on 9/2/09 and it was received by the judge on 9/3/09. I am trying to determine what the opinion was.

If I didn't speak Portuguese, I would not be getting anywhere, as most of the people that I am speaking to as I go from person to person do not speak English.

[ananddad]

The MPF issued an opinion on 9/2/09 and it was received by the judge on 9/3/09. I am trying to determine what the opinion was.
 
If I didn't speak Portuguese, I would not be getting anywhere, as most of the people that I am speaking to as I go from person to person do not speak English.

Come on Tim, every one in this forum needs a bit of good news to cheer them up. Give it to us and give it to us sooooooooon!!

[tweinstein]

I had a very lengthy discussion with the judge's aid. She told me that the MPF verified that the legal process complied with Brazilian law and that they didn't state whether the children should be returned or not. I'm not sure why the MPF made a determination of this in David's case.

I asked her if there was anything that could have been done to expedite the legal proceedings (now going on 3 years) and she replied that Brazilian law unfortunately allows for a party to constantly submit motions as a delay tactic. Apparently, the judge got tired of this and issued a statement that he would not accept any motions at this point except for the final argument (memorials in Portuguese). I am somewhat confused and could not get clarity because the judge made a statement on August 3 that said that each party had until August 13th to present final arguments. She indicated that it appeared that the Uniao was very thorough and timely in their responses to all of my wife's BS and delay tactics.

Anyways, the aid told me that to her knowledge, I am the only Hague Convention case in the state and there are no previous rulings from the judge to guess which way he would go. She indicated that a final ruling should come within 3 months.

Interestingly, she said that I could have spoken to the judge at any point during the proceedings, which is a complete contradiction to the response I received every time I notified through the BCA that I would be in Brazil and was willing and eager to speak to the judge.

I'm sorry that this is all the news I can report at this point.

P.S. The number that the OCI provided for me to call in Brazil was wrong. It was only because I speak Portuguese that I got the correct number.

[ananddad]

Apparently, the judge got tired of this and issued a statement that he would not accept any motions at this point except for the final argument (memorials in Portuguese).

Let us celebrate the Judge's reaction to other side's delay tactics and hope he stays pissed till the time of final hearing.
 

P.S. The number that the OCI provided for me to call in Brazil was wrong. It was only because I speak Portuguese that I got the correct number.

Don't get me started again!!

[sue]

Let's hope this is all over with for you in 3 months!  This has been a long time.  How are the kids?

[tweinstein]

It looks like both sides presented their final arguments and the judge is now reviewing everything. According to his aide (who will no longer speak to me), a ruling should be expected within 60 days. If I was a betting man, I'd say  that I'll be buying another last minute plane ticket to see my children in December.