Ruling from first level federal judge

[André Felipe]

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.

About David's case being "a one off", I agree and disagree.
I think a bad judge will always be a bad judge no matter what. No matter if the other party/LBP is supported by politicians or the press.
All this pressure works in order to make the good people, who can make some difference, to do some actions in order to neutralise or correct the mistakes that the bad ones did.
The attention over the Hague that David's case brought will make good difference for those judges who are worried about studying and opening their minds about the issues envolving the Hague cases and use it to make the best possible and right decision.

[sue]

Thank you Andre, that was very well put!

[phillyone]

I understand Nicole's dad's frustration. I've also wondered the same things he has mentioned.. That David and Sean's case was "just for show". But then I stop thinking of the negative and start thinking that it has brought to attention the Hague convention treaty . I try to think about the positives rather than the negatives of this case .

Justice does prevail!

[dmdaven2]

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.

We ALL need help...I thought that was the point of the Foundation...smh

[sue]

Tim,
What's happening with your case now?

[tweinstein]

Tim,
What's happening with your case now?

I've been told that the AGU customarily files an appeal in all cases that it loses. However, I have no evidence that it has been done yet. Furthermore, the United States has not (to my knowledge) made any formal statement to Brazil regarding the illegality of the ruling. I guess they figure that since I have waited in the dark for 3 1/2 years, I can wait in the dark a little longer.

[SageDad]

Tim,
What's happening with your case now?

I've been told that the AGU customarily files an appeal in all cases that it loses. However, I have no evidence that it has been done yet. Furthermore, the United States has not (to my knowledge) made any formal statement to Brazil regarding the illegality of the ruling. I guess they figure that since I have waited in the dark for 3 1/2 years, I can wait in the dark a little longer.

Keep pushing them and pushing your senator's and congressman to push them.  They'd be happy to put your children's case file in a dark closet and forget about it.. even better mark it as "closed."  If your caseworker won't answer the phone or provide you an update just keep calling the main switchboard and saying you can't get a hold of your regular caseworker and would like an update.  They are pretty good at ignoring emails but if you keep calling and making others from OCI give you updates they will pressure the caseworker on your behalf if only so you stop calling them.  The squeaky wheel gets the grease.  Don't count on them to do the job their paid to do or just do the right thing... because they very well may not.

[caleb]

I pray for you and your child. I, unlike you, am not going to fight it in the courts anymore. I tried that here in U.S.A and now my son is in Brazil. I hope my son forgives me in the future for my decision. I will continue to put money every month into his 529(k) and hope that he will one day decide to come live with his father. Someone in my church said to me that in Brazil this is how they see it: We know that the mother committed something illegal but do you really want to take the son away from the mother?

Once again my prayers are with you and your child. I wish you the best of luck.

[dmdaven2]

I pray for you and your child. I, unlike you, am not going to fight it in the courts anymore. I tried that here in U.S.A and now my son is in Brazil. I hope my son forgives me in the future for my decision. I will continue to put money every month into his 529(k) and hope that he will one day decide to come live with his father. Someone in my church said to me that in Brazil this is how they see it: We know that the mother committed something illegal but do you really want to take the son away from the mother?

Once again my prayers are with you and your child. I wish you the best of luck.

  NEVER GIVE UP!!!!!!!!!!!!!!!!!!!! There is a better life to be lived in the US...I don't care what anyone says


Tim, what's going on in your case these days?

[tweinstein]

I think that Caleb is actually going to move to Brazil. Another LBP indicated to me that he too will be moving to Brazil within a few months. It seems that some people have circumstances (family, work, etc.) that make it easy to justify capitulation.

As for my case, the AGU filed the appeal about two months ago. I received a copy of it and wrote a detailed response to the judge's initial ruling and the AGU's appeal. I have not heard from anybody in the past few months. Aside from the case, I speak to my son every day (and my daughter maybe once a week) on the phone and am going to visit them next week. I will be in Brazil for three weeks (their winter vacation).

[SageDad]

I think that Caleb is actually going to move to Brazil. Another LBP indicated to me that he too will be moving to Brazil within a few months. It seems that some people have circumstances (family, work, etc.) that make it easy to justify capitulation.

As for my case, the AGU filed the appeal about two months ago. I received a copy of it and wrote a detailed response to the judge's initial ruling and the AGU's appeal. I have not heard from anybody in the past few months. Aside from the case, I speak to my son every day (and my daughter maybe once a week) on the phone and am going to visit them next week. I will be in Brazil for three weeks (their winter vacation).

I wouldn't call moving to Brazil capitulation.  Rather, I'd call it an understandable strategy for being in their children's lives in light of the brutal reality that neither the Brazilian or the US governments are really serious about bringing them home.  I've thought many times about moving to Mexico.  It would be terrible for my career, jeopardize my financial ability to support any prolonged litigation or support myself and my son in the long term, not to mention just plain dangerous, but at least my son would have a father -- in theory that is.  In practice I do not trust my ex or her family.  They tried to cut me out of my son's life once and I don't have any real confidence they wouldn't do it again once I moved there and lost my ability to use the Hague Convention or pay the private attorneys that are required to do anything in that country as a father and an American.  Capitulation is giving up.  Giving up everything to move to a foreign country where your child is being illegally held is a long way from actually giving up.  It might be giving up on the Vague Convention, but, if you're a father with a child abducted to Latin America (or most anywhere for that matter), the Hague Convention was a false hope to begin with.  Hidden by design in the gender neutral numbers that State publishes is the ugly reality that not even 1% of these kids come back to their fathers.  A reality that the State Dept. is ok with.

Anyway, I'm glad you get to talk your kids on a regular basis and are able to go down there to see them.

[BringJusticeHome]

I also am considering moving to Brazil. Do not know if I actually will but it is a consideration. The fact of the matter is that like you said carlos less then 1% of fathers actually have there children returned. I do not like those numbers and will not put all my eggs in a basket with 1% chance. I think it is plan stupid if you are just relying on the hague convention.  The U.S government doesn care and neither does Brazil, Mexico and numerous other countries. I don't trust the U.S government in every day situations I def won't trust them or have faith in them to return my child or grow some balls to do what is right

[familygal]

Reading the posts from these LBP's is just heart wrenching.  Is it time to make another big push for HR3240?  Should we have a day set aside where we all call our reps, and targeted reps, and have big HR3240 advocacy party?  What else can we do to help these parents and children?  This is such an injustice.  Any ideas?

[phillyone]

I Agree.. THIS IS HEARTBREAKING!!! What do we have to do to get the kids back and for the US Govt (and other Govt's) to pay attention to the Hague!!???

 

[dmdaven2]

Moving to the country of the illegally retained child won't necessarily yeild a good relationship with child and LBP because you would be out of your element, unstable, and definitely at a disadvantage trying to even OBTAIN custodial rights...then also, to move there would give rise to the idea that the whole time you fought via the Hague saying your child was illegally retained, was false and you in all actuallity did "agree" to the child being there...which would mean you were lying. Your ex will then use that against you in court when you fight for custody and show somehow that you are a selfish individual who's a stressful burden on her and the child and that you could potentially attempt to flee with the child.

I think it's a mistake to move there...without a plan to leave...