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Author Topic: Ruling from first level federal judge  (Read 22044 times)

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Offline rachelle4

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Re: Ruling from first level federal judge
« Reply #15 on: February 25, 2010, 10:44:27 PM »
BOOOO!!!!!!!!  :mad: :mad: :mad:
Sorry about the ruling Tim. I've been wondering how the judges were going to rule on other outstanding cases after Sean came home. Do they not realize that the cases have not been handled in the expedient way the Hague allows? Why should the LBP be punished for their inadequacies? HR3240 just has to be passed because Brazil is never going to voluntarily decide to follow the Hague. They must be forced to. So everyone call your Rep tomorrow, or better yet every day, and ask for support. 

Offline Nicole's Dad

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Re: Ruling from first level federal judge
« Reply #16 on: February 26, 2010, 11:31:20 AM »
This is just as I have suspected since day 1 of Sean coming home. It was a one off because of publicity. The media is the only way. You wait until I get my documents filed here shortly with the BCA for rights for Nicole to come here and visit. If they deny anything at all, I'm going directly to the media and will utilize Ted Poe to go to Brazil and protest. I've had enough of the lawlessness in that country with our children. Where is the help from the foundation? What are they doing? Anything?

Offline Bob D'Amico

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Re: Ruling from first level federal judge
« Reply #17 on: February 27, 2010, 10:43:35 PM »
Well Marty I won't attempt to speak for anyone else but I've been working very hard, seven days a week, doing whatever I can to help the foundation and individual left behind parents who ask for my help or advice.

Now why don't you write a private email to Mark and me stating exactly what you have been doing, with full details on the status of your case and include information on what you expect the foundation to do for you.
Bob D'Amico

Offline phillyone

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Re: Ruling from first level federal judge
« Reply #18 on: February 28, 2010, 09:49:40 AM »
What else can we do? I'm trying to get my congressman to co-sponsor H.R 3240. What else pressure can we put to make Brazil court systems to change their attitude?

Offline tweinstein

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Re: Ruling from first level federal judge
« Reply #19 on: March 03, 2010, 08:56:08 PM »
It looks like nothing has changed in Brazil since Sean returned. Here is part of the email that I received from the Office of Children's Issues today. My comments are interjected in red.

The Federal Court rejected your application for the following reasons:

·         Both mother and children had double residence in Brazil and the United States
It is irrelevant whether the children acquire residence in Brazil during their abduction. What is important is where their habitual residence was at the time of the abduction.

·         You went to Brazil and visited a school with the mother, a school both of you intended to enroll both children.  Thus, you had presumably agreed to the transfer of residence of your children.
Yes, I visited a school because I am a teacher and was interested in seeing what a school in Brazil looked like. I NEVER intended to enroll my children. In fact, I presented evidence to the judge to the contrary. I showed not only that they were enrolled in school in the United States for the following school year, but also copies of round-trip plane tickets.
·         You never effectively exercised custody of the children prior to the children’s change of residence as both minors lived in the company of their mother in the United States
What the hell does this mean? Is the judge saying that a father who is married to a child's mother AND lives not only with the mother, but also the children in the SAME residence is NOT excercising custody???
·         After the separation, you did not provide any support to the children
This has nothing to do with the Hague Convention.
·         The competent judicial authority in the United States did not recognize the illicit retention of the children and granted the custody to the mother while you were granted access rights
I entered as evidence a court ruling from the United States that showed exactly the opposite. The US court specifically stated that the children were illegally removed from the United States. Furthermore, the judge in Brazil did not distinguish between physical and legal custody. Granting primary custody to the mother does not mean that the father only has access rights. He has shared custody. I think this is a result of a difference in Brazilian and US law. Anyways, it doesn't matter. The Hague Convention applies as long as I was exercising any degree of custody.
·         Your behavior after the transfer of residence demonstrated that you had agreed with the children’s permanent residence in Brazil
Again, what the hell does this mean?
·         The psychological evaluation of your children attested that they are adapted to their new life and that a new change of residence could pose a risk to their psychological well being
This can only be used as a defense if more than one year passed between my request and the illegal retention. I filed my petition 2 months after they were retained.
·         Both children demonstrated that they wish to remain with their mother
Both children also stated that they want to be with their father and the psychological reports indicate that they were harmed by the sudden removal from me.

I waited 3 1/2 years for this crap? If any of us thought that the system in Brazil had changed with David's ruling, we were all foolishly wrong.
« Last Edit: March 03, 2010, 09:21:58 PM by tweinstein »

Offline phillyone

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Re: Ruling from first level federal judge
« Reply #20 on: March 03, 2010, 09:08:53 PM »
I am so sorry Tim! I just don't know what to say anymore. Nothing has changed in Brazil! This is just SICK! :mad:

Offline UD_student

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Re: Ruling from first level federal judge
« Reply #21 on: March 03, 2010, 11:14:56 PM »
Tim, I cannot fathom how frustrating it is to get such blatant lies written by the judge in your case and have to wait even longer for a judge to finally properly apply the Hague Convention or at least find one who understands it as this judge clearly does not. My blood is boiling reading what was written and I am certain I do not come close to how livid you are right now. If NOTHING else, when you enter a US court ruling into the record they should be able to understand it and not twist it around like they did.

Did the OCI mention they thought anything was incorrect or do they just want to stamp your case as closed (like they did with Carlos' case before) simply because the judge ruled although it will be appealed?

I understand if you don't want to answer this question, but are your kids aware the judge finally made a decision?

Offline justice4all

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Re: Ruling from first level federal judge
« Reply #22 on: March 04, 2010, 12:08:23 AM »
I am very sorry about this...

The bias towards the Brazilian mother is unbelievable. The judge doesn't seem to know what the Hague Covention is or couldn't care less.

Seems like there is one law for Brazilians and another one for Gringos.

Do you not get to attend a hearing on this?

What happens next?

Keep fighting - you can knock off those points one by one. Probably almost standard that they come back with this sort of stuff and hope we just give up and go away!

Offline liesl78

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Re: Ruling from first level federal judge
« Reply #23 on: March 04, 2010, 12:38:24 AM »
Tim, I am *fuming* with the OCI email. What a bunch of cr@p!!!!

 :madgo :madgo :madgo :madgo :madgo :madgo :madgo
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Offline tweinstein

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Re: Ruling from first level federal judge
« Reply #24 on: March 04, 2010, 05:36:41 AM »
My son knows there was a ruling, though I doubt that he knows any of the details. It is possible though that his mother has told him since she regularly ignored the psychologist's advice to keep adult problems between adults. As for an appeal, supposedly, the AGU is evaluating the case for the "possibility of an appeal". I have already contacted Chris Smith's office because I believe that without his direct intervention (and probably many other US diplomats), none of the rest of us LBPs have a snowball's chance in hell in the corrupt, biased Brazilian judicial system.

Offline Audax

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Re: Ruling from first level federal judge
« Reply #25 on: March 04, 2010, 07:44:42 AM »
Tim, did you ever get that copy of the ruling? Very sorry this bullcr@p continues. Same lame arguments as always... UGH!

Offline tweinstein

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Re: Ruling from first level federal judge
« Reply #26 on: March 04, 2010, 12:28:47 PM »
Tim, did you ever get that copy of the ruling? Very sorry this bullcr@p continues. Same lame arguments as always... UGH!
Supposedly, the Office of Children's Issues is putting a copy in the mail today. Actually, the judge's logic was even worse than I thought it would be. I was expecting the usual variety of excuses, but he took them a few steps farther.

Offline SageDad

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Re: Ruling from first level federal judge
« Reply #27 on: March 04, 2010, 07:57:33 PM »
Reads like the typical hogwash to me.  The judge wanted to decide against you and tried to cover all the bases (ie not having custody, exercising it, consenting, adaptation and grave risk.)  It's a process very akin to throwing shit against the wall and hoping some of it sticks.  You should be glad they have failed to base their decision on the Hague Convention on almost any level except the most superficial -- it will make the appeal a simple exercise.  Unfortunately once a foreign court denies a Hague return the State Dept. becomes that country's cheerleader and goes about singing songs in their praise and doing their best to "resolve" (read close) the case (even more unfortunate is that even when the courts decide in the LBP's favor they don't do anything helpful when it's not enforced.)  I put very little faith into any of their commentary on the judge's decision, but it seems clear to me that the judge just decided in favor of his personal preferences and made up a narrative that supported it.  Either way you need to get a copy of the decision yourself and to determine what the AGU plans to do about it.  The time to file an appeal is normally very limited and you may have very little time to find a private attorney if you have to wait much longer to hear what the AGU has in mind.



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Offline Nicole's Dad

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Re: Ruling from first level federal judge
« Reply #28 on: March 04, 2010, 09:39:27 PM »
Again. As I suspected. The Goldman case was a one off because of the publicity and for anybody to say that Brazil had learned their lesson and that this may help the other parents were sadly mistaken. I was elated for David and Sean but I knew in the back of my mind, this is all because of the publicity. All you have to do is look at the events.

I'm sorry if anyone take offense to me speaking my mind because I call them like I see them. All this rah rah about HR3240 and HR125 and blah blah blah was nothing more than a bunch of lip service from Washington as it always is. It was a response to the media. Where is NBC Dateline now that they've completed their story and made their ratings money? HHHMMMMM!!!!!!!! Where is Chris Smith now? Where is all the publicity for the foundation now? I'm ticked off at this injustice and I'll say what I want because this is all wrong. Brazil doesn't get it. Where are all the protesters now that rose up for Goldman? Why is there no rising up for Tim or Devon or Marty or Carlos or Hindle or Bindler or Gorgas? Should I keep going?

Offline sue

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Re: Ruling from first level federal judge
« Reply #29 on: March 04, 2010, 10:08:44 PM »
Organize a protest and I'll be there if it's in southern california.  I'm doing everything I did when Sean was in Brazil, nothing has changed for me.