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Author Topic: Brazil STJ - Conciliatory Hearing to continue Thursday, 5/27  (Read 8864 times)

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Offline sandy

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Re: Brazil STJ - Conciliatory Hearing to continue Thursday, 5/27
« Reply #15 on: May 27, 2010, 01:26:25 PM »
I will be sending my prayers your way, and be glued to my computer!!!!!!!!!

Offline NativeNewYorker

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Re: Brazil STJ - Conciliatory Hearing to continue Thursday, 5/27
« Reply #16 on: May 27, 2010, 02:06:57 PM »
Hopefully this nightmare will end for Francois and his son today. Good luck Francois!

Offline phillyone

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Re: Brazil STJ - Conciliatory Hearing to continue Thursday, 5/27
« Reply #17 on: May 27, 2010, 03:01:16 PM »
Any news ? Hopefully no news is good news??

Offline merapi

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Re: Brazil STJ - Conciliatory Hearing to continue Thursday, 5/27
« Reply #18 on: May 27, 2010, 03:01:56 PM »
The decision is up on STJ website...google translation given below.

Not sure I like this...boy to live in Canada, but  only from MARCH 2011. But, can visit on school holidays  before that,.




http://www.stj.jus.br/portal_stj/publicacao/engine.wsp?tmp.area=398&tmp.texto=97443

DECISION
STJ formalizes conciliation on guard smaller Canadian, son of Brazilian
The Superior Court of Justice (STJ) formalized this Thursday (27), reconciliation between the parents of a child born in Canada, the son of a Brazilian mother and Canadian father, a share of search and seizure of the child, now seven years old. The mother brought her to Brazil, in 2004, without the consent of the father. A conciliation hearing held by Judge Paul called Furtado, Third Class, resulted in an interim agreement under which the lowest return to live in Canada with his mother, from March 2011 with all expenses paid by the father. Before that, however, will travel to spend the school holidays there.

Under the agreement, suspended the application under consideration in the STJ over the case. The Third Chamber of the Superior Court was responsible for considering special appeal filed by the mother, whose goal was to change the decision in the records of the action that had been filed by the Union The Union's aim was to deliver the lowest responsible authority in Canada, based on Convention on Civil Aspects of International Child Abduction (Decree 3.413/2000) - Hague Convention.

According to the judge, conciliation was signed "the best way to guarantee the welfare of the child" and thus the Hague Convention will be fulfilled. The judge explained also that the arrangement is temporary because the decision may be reviewed by the Canadian Justice when the mother returned to Ireland, which is unlikely to happen, since the parents have already come into view.


Custody of the child

The story surrounding the case was initiated when the boy's mother went to live there and maintained a relationship with a Canadian. After separation of the couple, the child lived with her mother, but not regulated spouses, before Justice Canada, issues concerning the custody of the child. Until, in 2004, the mother, possession of a permit from the father of the child to travel only to the United States, changed the route and flew to Brazil, where he has lived since.

In Brazil, the Union filed the complaint for search and seizure of the child - which was upheld. That's when the mother appealed to the Federal Regional Court of the 2nd Region, which confirmed the sentence, denying dismiss the appeal. Bitter, the mother filed a special appeal to the STJ.


Offline M.Capestro

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Re: Brazil STJ - Conciliatory Hearing to continue Thursday, 5/27
« Reply #19 on: May 27, 2010, 03:46:21 PM »
Moved all responses to merapi's post to the new topic.

Sorry merapi - didn't see your post before I created the new thread.

Locking this thread - please continue conversation here...http://bringseanhome.org/forums/index.php/topic,3251.0.html