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Author Topic: "New Evidence" Submitted  (Read 5014 times)

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Offline SageDad

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"New Evidence" Submitted
« on: January 22, 2010, 06:44:43 PM »
On Dec. 28th my wife submitted a series of pieces of "new evidence" in her constitutional appeal against the order that my son come home.  She submitted three sworn statements (one by her mother, one by her father and one by a cousin), some 100 photos and some "public document" showing and establishing Sage's "legal residency" in Mexico.

When we initially saw the publication that she had submitted new evidence we weren't sure what it was or what she was trying to establish with it.  Until the judge approves the admission of new evidence it is not shown to the opposing party.  We are able to guess what the evidence is based on the motion that was filed with it, which we recently saw, and in which she says that: "the following evidence proves that Sage has completely and fully adapted to his current living environment and it would be cruel to alter that by returning him to the US."  Adding that Sage has now been in Mexico for 2 years and 2 months -- once again perpetuating the lie that Sage has been in Mexico since October 2007 and not since June 2008 inspite of my wife filing for (and receiving) a NC driver's license in May of 2008, filing for (and receiving) a social security card in April '08, filing for (and receiving) a NC vehicle title in April '08, filing for (and receiving) a Mexican birth certificate signed by both parents at the Mexican Embassy in Raleigh, NC in May '08, opening bank accounts and taking various US domestic flights... not to mention the birthday party pictures for Sage's 1st bday in May of 2008 at our US home.  It blows my mind that they keep repeating that nonsense lie since, even if it were accepted as true I still filed my Hague application in August '08 which was still well within the one year period required by Article 12 of the Hague.  It also frustrates me to no end that the Mexican high courts won't call her out on that lie either and instead just disagree with the family court judge's assessment that my lying about the date of abduction, and hence being a liar, posed a grave risk to my son (grave risk for lying!?  ..when I'm so obviously not even lying :burn:).

My lawyer expects the judge to throw this "new evidence" out.  I half-way want him to accept it since it means I would see 100 pictures of my son (my wife claims she has no camera when I talk to her).  I just don't want the accepting, or denying, of the evidence to delay these proceedings any further.  I'm not worried about the effects of this evidence either way since both the lower appeals court and a higher court have both held that the adaptation clause of Article 12 cannot be used in my case since judicial proceedings commenced within one year of the abduction -- no matter how you interpret "commence" (unless you're the family court judge who interpreted "commence" as "finish" and also denied Sage's return on that basis.)
« Last Edit: January 23, 2010, 08:39:42 AM by carlos »
“What you seek is seeking you.”
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Offline Celita

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Re: "New Evidence" Submitted
« Reply #1 on: January 22, 2010, 08:47:36 PM »
Carlos ,
I wish all my best! Keep your hope and faith in God and in his justice.
May God give all the strengths , wisdom and patience.

Offline liesl78

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Re: "New Evidence" Submitted
« Reply #2 on: January 23, 2010, 12:45:59 AM »
Carlos,

I don't know what to say. What a crazy argument! Hope you give us some good news soon!
Liesl78
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Offline nkerry

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Re: "New Evidence" Submitted
« Reply #3 on: January 23, 2010, 12:50:15 AM »
Carlos, I can feel how frustrating it must be. When lies are carried out and believed, its so difficult to not scream out "can't you see the truth? !" hold on Carlos. I'm sure you've conveyed the truth to the judge, we pray that s/he will see it.

Offline Bill33

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Re: "New Evidence" Submitted
« Reply #4 on: January 23, 2010, 11:57:16 AM »
Ug Carlos, so frustrating when your ex is obviously lying, and the courts just seem to go along with it.  Hang in there, I hope you get back Sage soon.

Offline Sashia

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Re: "New Evidence" Submitted
« Reply #5 on: January 23, 2010, 11:58:41 AM »
I hope the good news is yours Carlos.

Offline Celita

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Re: "New Evidence" Submitted
« Reply #6 on: January 23, 2010, 01:31:36 PM »
I don't believe in "new evidence" coming from  a person that "per si" is a deceiver , a lier and selfish. Nothing good comes from evildoers but we can pray for God Almighty works in his supernatural and unfailing way. He has the control of everthing . There is nothing impossible for him. May God bless you and bring you peace during stormy time, knowing that he will never abandon you.

Offline Audax

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Re: "New Evidence" Submitted
« Reply #7 on: January 23, 2010, 05:54:22 PM »
Quote from: nkerry;66512
Carlos, I can feel how frustrating it must be. When lies are carried out and believed, its so difficult to not scream out "can't you see the truth? !" hold on Carlos. I'm sure you've conveyed the truth to the judge, we pray that s/he will see it.


It is very frustrating when deceivers get far in life and the honest average Joe has to struggle just to be heard. The only advice I have for you is knowing that the truth is always self-evident. Sooner or later your ex will get entangled in the web of her lies and the whole house of cards will come crashing down.

Your patience is truly being tested here. I know how much you love your child and would love to see photos. I can imagine that you must want to walk up to these judges and shake them and screem '' could you get your heads out of you @$$3$ for just a moment and look at the truth! ''

Hang in there! We are with you.

Offline sue

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Re: "New Evidence" Submitted
« Reply #8 on: January 25, 2010, 10:14:17 AM »
Quote from: carlos;66490
On Dec. 28th my wife submitted a series of pieces of "new evidence" in her constitutional appeal against the order that my son come home. She submitted three sworn statements (one by her mother, one by her father and one by a cousin), some 100 photos and some "public document" showing and establishing Sage's "legal residency" in Mexico.
 
When we initially saw the publication that she had submitted new evidence we weren't sure what it was or what she was trying to establish with it. Until the judge approves the admission of new evidence it is not shown to the opposing party. We are able to guess what the evidence is based on the motion that was filed with it, which we recently saw, and in which she says that: "the following evidence proves that Sage has completely and fully adapted to his current living environment and it would be cruel to alter that by returning him to the US." Adding that Sage has now been in Mexico for 2 years and 2 months -- once again perpetuating the lie that Sage has been in Mexico since October 2007 and not since June 2008 inspite of my wife filing for (and receiving) a NC driver's license in May of 2008, filing for (and receiving) a social security card in April '08, filing for (and receiving) a NC vehicle title in April '08, filing for (and receiving) a Mexican birth certificate signed by both parents at the Mexican Embassy in Raleigh, NC in May '08, opening bank accounts and taking various US domestic flights... not to mention the birthday party pictures for Sage's 1st bday in May of 2008 at our US home. It blows my mind that they keep repeating that nonsense lie since, even if it were accepted as true I still filed my Hague application in August '08 which was still well within the one year period required by Article 12 of the Hague. It also frustrates me to no end that the Mexican high courts won't call her out on that lie either and instead just disagree with the family court judge's assessment that my lying about the date of abduction, and hence being a liar, posed a grave risk to my son (grave risk for lying!? ..when I'm so obviously not even lying :burn:).
 
My lawyer expects the judge to throw this "new evidence" out. I half-way want him to accept it since it means I would see 100 pictures of my son (my wife claims she has no camera when I talk to her). I just don't want the accepting, or denying, of the evidence to delay these proceedings any further. I'm not worried about the effects of this evidence either way since both the lower appeals court and a higher court have both held that the adaptation clause of Article 12 cannot be used in my case since judicial proceedings commenced within one year of the abduction -- no matter how you interpret "commence" (unless you're the family court judge who interpreted "commence" as "finish" and also denied Sage's return on that basis.)
I sure hope this gets thrown out right away.  To lie like that is just awful, how can she not be afraid of getting caught?  I just don't understand people like that.

Offline Celita

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Re: "New Evidence" Submitted
« Reply #9 on: January 26, 2010, 06:24:28 PM »
Carlos , I believe that when you recorder you must tell to the person that you are recording the conversation . Ijust  called my attorney in Brazil and he said that is ilicit and has no value . Is in the Brazilian Criminal Law (Codigo Penal).

Offline nnaman

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Re: "New Evidence" Submitted
« Reply #10 on: March 06, 2013, 03:56:24 AM »
All the very best Carlos.... God bless you....