Appeal Filed

[tweinstein]

I received verification today that the AGU filed an appeal last week in my case. As it is 29 pages in Portuguese legalese, it will take me a little time to analyze the appeal.

[UD_student]

I'm glad to hear you received verification that they filed the appeal within the required timeframe. I sincerely hope they thoroughly rebutted each erroneous point (which perhaps is all points) the judge in Brazil made.

[tweinstein]

An initial review shows the AGU's argument to be very sound and well thought out. I will communicate with them some minor clarifications of fact, but none that would substantively change their arguments.

[Celita]

We have to keep the faith and hope. I´m here in Brazil (Rio de Janeiro), leaving next Wednesday and back home (TX). I ´ve been so busy but finally I could check your last post. I will be praying that God bring is perfect justice !

[UD_student]

In reference to your post on the Birotte case, did the AGU make any comments about the length of time for the case to be filed although it was less than one year (i.e., did they try to justify why they couldn't have filed sooner than 11 months after the illegal retention)?

[tweinstein]

The official story has always been that it took Interpol 6 months to locate my children, but I know that is not true as I always knew where my children were(and provided the address and phone number on my petition). At one point, I remember offering to do a 3-way call so that they could verify the location of my children.

[tweinstein]

I just received an update from Chris Smith's office in which they forwarded the OCI's response to an inquiry on my behalf:

"The Brazilian Central Authority has informed our office that there is no set date for the appeal to be heard in the Weinstein case.  The petition for an appeal has been submitted, but there is no date yet."

You're free to interpret this as you please in terms of the priority that the Brazilian judiciary sets on resolving Hague Convention cases.

[SageDad]

The appeal was only just filed six months ago Tim.  They need to look at the calendar before they can set a date.  Checking the calendar and looking for an open slot takes time 

In case it wasn't clear already, there's little reason to doubt that Brazil and State have gone back to business as usual.  Brazil's just sitting on cases and letting them stagnate while children grow up, and parents need to get assistance from a US Congressman in order to get an answer to a simple question from State.

[UD_student]

I just received an update from Chris Smith's office in which they forwarded the OCI's response to an inquiry on my behalf:

While I sadly agree with Carlos' sarcastic comments about Brazil, I find it even worse that despite an abduction ongoing for over 4 years OCI continues to not answer your requests unless they are submitted by a Congressman on your behalf.

[Diane]

I was thinking about this last night.  I'm not at all sure it was Hillary,  Congressman Smith,  this forum,  The Today Show,  David's long saga and the lawyers in two countries,  numerous trips to Brazil with massive t.v. coverage, in both countries,  the death of Sean's mother etc.   that finally affected Sean's return.  Would any of this have culminated in his return without the intervention of A U.S. Senator stalling a bill for 24/48 hours on a huge aid package to Brazil. (Sorry, I don't remember the names and specifics).  Perhaps we should all consider this as the defining reason Sean is home with his father.    Diane

[UD_student]

[...] another example of the insanity that comes out of the Brazilian legal system is that my wife's attorney filed, purely as a means to delay the case even further, an appeal of the ruling from February, 2010, which was 100% in my wife's favor. How do you appeal a ruling that is in your favor?

Does that mean two trials need to be scheduled, one for each appeal? Or since nothing has been scheduled yet is it too early to have even as guess as to how that will work out?

[tweinstein]

You know as well as me what this means. I choose to focus my efforts on maintaining a relationship with my children rather than getting upset over the lack of progress in the courts.

[UD_student]

That definitely is a much smarter idea, Timothy.

[dmdaven2]

You know as well as me what this means. I choose to focus my efforts on maintaining a relationship with my children rather than getting upset over the lack of progress in the courts.

My man, that's the spirit...don't let this get you down man. I've always said that you're in the best position, to still have the opportunity to maintain contact with your children regularly. Continue on your plan...hopefully as you continue building and maintaining your relationship with your children...the Brazilian government will meet you half way. Stay positive...You too Carlos

I was reading the bible and this verse came across and I thought of you.

*If thou shalt fall in the day of adversity, thy strength is small*

You're strong enough to continue the fight. Keep fighting, and never give up...(I know you won't)

[Andrew]

I asked the OCI a question about the children's passports in October 2009.  Multiple follow up emails go unanswered.  Only when a Congressman asks, did I receive a response in June 2010.  And the information was useless.  The OCI should be run by a left behind parent who truly understands the situation and anguish.  Having Michael Regan as a Director is the worst that thing to do to left behind parents.