Justice Nancy Andrighi suspended return order

Bring Sean Home Foundation > Birotte

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Grace:
I wonder if some American men (or women) living in Brazil, with a child born in Brazil, brought their kids to America without the other's Brazilian parent's consent how would the Brazilian media report it...If the abducting parent was the father, wouldn't they pity the poor mother..what would influence the media more, sexism or nationalism? Eye to eye Brazil...

JuliRosi:
Shame of Brazilian court!!!

More comment from the article:
Caramba05
30/04/2010 - 17h 18m

Olha o Brasil passando por cima da convencao de haia de novo.
Pior e que conheco um caso pai americano, filha americana e mae dinamarquesa com cidadania americana, todos morando no Rio. a mae saiu de casa pq tinha diversos amantes. O pai cuidava da menina. Quando ele teve que voltar aos EUA, combinaram ter a guarda nos EUA. A mulher esperou ele viajar, entrou com um processo cheio de mentiras e esta com a garota ate hoje. Sabia que nos EUA seria considerada uma mae incapaz. Mas no Brasil...

Google translation:

Caramba05
30/04/2010 - 17h 18m
Look at Brazil going over the Hague Convention again.
Worst case and one that I know American father, daughter and mother Danish American with American citizenship, all living in Rio the mother left the house cuz he had several mistresses. The father took care of the girl. When he had to return to the U.S., agreed to have the guard in the U.S.. The woman waited for him to travel, filed a lawsuit full of lies and this with the girl until today. Did you know that the U.S. would be considered a parent incapable. But in Brazil ...

--- Quote from: M.Capestro on April 30, 2010, 07:09:09 AM ---STJ decides that son of a former volleyball player Hilma must remain in Brazil
http://oglobo.globo.com/cidades/mat/2010/04/29/stj-decide-que-filho-de-ex-jogadora-de-volei-hilma-deve-permanecer-no-brasil-916466071.asp
Posted on 29/04/2010 at 21h38m
OGlobe

Google Translation

The son of four years of former volleyball player from Brazil Hilma Caldeira, 38, should remain in Brazilian territory, under the custody and care of the mother. The decision is the minister of the Superior Court of Justice (STJ) Nancy Andrighi. The minister has banned further that the child traveled abroad this Thursday until the end of the trial of this case by the Second Section of the STJ.

The former player traveled with the child to Brazil in April 2006, where he had entertained in the state court, his request for custody. The father, the American Kelvin Birotte. Hilma sued by international child abduction. She would have left the United States when the boy was only 1 year. On Jan. 14, the Federal Court of Mines decided that the boy should be returned to his father until this Thursday substantiated by the Hague Convention. Hilma's lawyers filed appeal in Brasilia.

The ruling by Judge John Otoni César de Matos, the 19 th Federal de Minas Gerais. In June last year, in a similar case, a federal court ruled that the boy Sean Goldman be returned to the biological father who lives in the United States, David Goldman. Who disputed custody of Sean, however, was his grandmother. Sean's mother died.

The defense of former player filed a writ of mandamus against the decision of the 19th Civil Court of the Judiciary Section Federal de Minas Gerais, arguing that there is less psychosocial impairment were removed from the conviviality of the mother and family in Brazil.

Nancy Andrighi The minister said in his ruling that "the child is inserted in an environment that will ensure, with absolute priority, the realization of full rights to life, health, nutrition, education, sports, leisure, culture, dignity, respect, freedom, and more than the family and community. "

So for the minister to withdraw the lower contact of the maternal family and friends, as determined by the Federal Court, violates the right given to every child to be raised and educated in the bosom of his family.

COMMENTS

BEZOURÃO
30/04/2010 - 07h 46m
After all, why Brazil signed these international treaties, this and that, at the end does not fulfill what was assinadoi? Same as our dear prisidente signs without reading.

Rogerio Sguarramazzo
30/04/2010 - 04h 47m
Law and justice in Brazil has always protected and always protect criminals, juvenile delinquents and raptores.As veses ashamed to say that I was born and raised in Brazil

Teremar
30/04/2010 - 02h 54m
In its decision last June, the judge at any time thought of the child.
Our country surrendered to the threat of American retaliation.
Currently, the boy only appears in photos next to his father fishing boatmen, who lives the image of the child.

Teremar
30/04/2010 - 02h 50m
So right decision.

quaquaquaqua
30/04/2010 - 00h 03m
So right decision. After her mother's mother, has a fixed job and not live at the expense of anyone ... May well support her son.

Claudio de Jesus Pereira
29/04/2010 - 23h 35m
When the opposite happens, the father take the child to the U.S. and Brazilian American justice decides that the child should stay in the U.S., we must follow. So Brazilian women who want to get the green card through their children, beware!

Julia Noble Hebinck
29/04/2010 - 23h 21m
Congratulations to Minister Nancy. That this child is always with his family in Brazil.

onçapreta
29/04/2010 - 22h 45m
Congratulations! Minister Nancy Andrighi. I'm rooting for you, Hilma Caldeira and his son ..

--- End quote ---

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