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Author Topic: Ruling in my case?  (Read 23215 times)

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Offline KBZensen

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Ruling in my case?
« on: August 18, 2010, 01:55:54 AM »
After 3 years and 8 months, the Federal judge in Rio has scheduled a new hearing in my daughter's case on 03-Sep, potentially leading to a ruling. 

Note - this is a legal process that I initiated with a private attorney in Brazil in 2004, this is not an AGU case.  After mixed experiences with Ricardo Zamariola, I have now a new attorney Fernando de Carvalho Marrach and I communicated my objectives to him as follow:

1. Implementation of NJ Shared Parenting Agreement

- 03 months parenting time with father in U.S. per year
- child support according to NJ guidelines
- jurisdiction to remain in NJ
- this was agreed and signed by mother and father in NJ in 2004

2. Application of The Hague convention

This goes hand-in-hand with 1. Implementation..., but I want to stress that applying The Hague is very important in my case and in all other cases

3. Parenting Time with my daughter in Rio

I don't think it is realistic to assume the judge will apply The Hague (in the hearing 3.5 years ago she totally ignored it), so my secondary objective is to get parenting time with my daughter in Rio and a guarantee that I will not be jailed for not making child support payments. 

Background:  the NJ court suspended child support payments when my daughter was "illegally retained" in Brazil (which she is until today), while the Rio judge ignored the NJ order/NJ parenting agreement and determined in the hearing 3.5 years ago that I must make monthly child support payments.  As long as I don't have such guarantee I am not really willing to go to Brazil.

The judge will potentially ask for mediation, while mother and father already spend 06 months in mediation working out a shared parenting agreement in NJ in 2003, and any more mediation now in Brazil would actually undermine The Hague.  The Hague needs to be applied and the NJ agreement implemented!!

Honestly, my expectations are low, the judge will unlikely rule anything in my favor.  But an order that totally ignores The Hague and NJ Family Court orders could actually help motivating the U.S. Congress to pass legislation for economic sanctions against Brazil, such as import tariffs.  And of course an order that ignores The Hague and my rights could be appealed in the next level.  So even if the order will not be favorable for me, any progress in this case will be good.

Now, the irony of this matter is, if economic sanctions/import tariffs are implemented and would actually be in place for a period of time, this would hurt my own business significantly, as I am an exclusive importer and distributor for a Brazilian brand in the U.S.  Tough luck!  But I am optimistic the threat of economic sanctions will already do, Brazil would be losing too much money if such sanctions would actually be in place for a longer time.

Klaus

pls. visit my daughter's website:
www.mariacarolina.com (over 9,000 visits so far)

Offline KBZensen

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Re: Ruling in my case?
« Reply #1 on: September 03, 2010, 12:04:37 PM »
The State Department informed me a representative from the Central Authority is going to attend the hearing today to assist my private attorney.

Offline KBZensen

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Re: Ruling in my case?
« Reply #2 on: September 11, 2010, 12:46:29 AM »
The judge ordered parenting time for me between 09 and 12 Oct with a subsequent hearing.  Also, my request for a written guarantee not to be arrested for "missing" child support payments was granted.

Offline lovellboys

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Re: Ruling in my case?
« Reply #3 on: September 11, 2010, 11:10:43 AM »
The judge ordered parenting time for me between 09 and 12 Oct with a subsequent hearing.  Also, my request for a written guarantee not to be arrested for "missing" child support payments was granted.

This is good news!  At least you can go without fear of being arrested.  Good luck and I hope you are able to spend some quality time with your daughter!

Offline UD_student

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Re: Ruling in my case?
« Reply #4 on: September 11, 2010, 11:35:46 AM »
Thanks for letting us know. At least it finally is some positive news as you can visit with your daughter. I hope the subsequent hearing actually moves in the right direction, aka implementing the first and second points you made rather than just the third.

Offline Diane

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Re: Ruling in my case?
« Reply #5 on: September 11, 2010, 06:15:07 PM »
Wonderful news.  I know you want much more but it is a step forward and you will get to be with you daughter.   So Happy for you.  Diane

Offline sue

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Re: Ruling in my case?
« Reply #6 on: September 11, 2010, 10:55:51 PM »
That's wonderful!  I'm so happy for you.

Offline KBZensen

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Re: Ruling in my case?
« Reply #7 on: September 15, 2010, 12:17:54 AM »
Thank you all for your kind words!  I now have official court documents in my hands, parenting time from 09-12 Oct and hearing on 15-Oct are confirmed.
Klaus

Offline KBZensen

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Re: Ruling in my case?
« Reply #8 on: October 15, 2010, 09:57:38 PM »
Dear friends and supporters of Bring Sean Home,

after so much bad/sad news here comes good news... finally...

Today, I had the hearing with the Federal Judge in Rio de Janeiro about my daughter's case. 

Besides both parents and their attorneys, in the meeting were the Federal Judge, a psychologist, a prosecutor for the child (protecting the child's interests) and a representative from the Central Authority who is in charge of enforcing The Hague convention in Brazil.

After spending 04 happy visitation days with my 07 year-old daughter, I was still skeptical that the hearing would bring my case forward at all.  I was prepared for the worst meaning no progress at all like in the past or even the threat of an arrest order for not paying child support.

But to my surprise, the judge repeatedly referred to the NJ agreement, quoted from it several times and indicated to the mother that he (the judge) would issue the travel authorization for my daughter to return to the U.S. during school vacation if the mother would not do it by herself.  Facing this, the mother agreed to issue the important travel authorization voluntarily by herself.

The judge seemed firm to implement the NJ agreement, the mother requested and I accepted that only during the first visit to the U.S., a Brazilian babysitter will accompany my daughter to make things easier for her.  Also, I agreed to start paying child support (child support was suspended in 2004 by the NJ court when my daughter was illegally retained in Brazil) and pay for all travel cost.  This structure was slightly different from the NJ agreement, but out-of-pocket is comparable.

A detailed visitation schedule was worked out, based on the NJ agreement, signed by Federal judge, mother and father.  "Wheels up" is scheduled for 02-Jan-2011 and it seems likely that things are actually going to work out.  I am supposed to receive the travel authorization 60 days in advance, which is 02-Nov.  I still have to renew my daughter's U.S. passport, which should not be a problem.

Too early to celebrate, but a huge step forward and after 06 years finally a light at end of the tunnel... :)

A very special thank you to Fernando, Ana Paula and Julia in Brazil for your phenomenal support, without you guys, it truly would not have been possible... I will be forever thankful...

Klaus

Offline tweinstein

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Re: Ruling in my case?
« Reply #9 on: October 16, 2010, 07:31:08 AM »
Does this mean that you are legally accepting a change in your daughter's habitual residence from te United States to Brazil? Was you initial petition seeking return or access?

Offline KBZensen

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Re: Ruling in my case?
« Reply #10 on: October 16, 2010, 08:03:42 AM »
Tim,
my petition was for access and implementation of the NJ agreement.  Her habitual residence will remain Brazil, which is acceptable to me, but I will have my daughter in the U.S. for 2-3 months per year during school vacation. The Federal Judge confirmed he is going to issue the travel authorization if the mother does not for any reason.
Klaus

Offline ANALE

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Re: Ruling in my case?
« Reply #11 on: October 16, 2010, 10:51:15 AM »
Very happy for you Klaus and your daughter.  How did she react with you?  Hope that there won't be any glitches in the meantime!!  Lots of good luck and wishes.  Keep us posted.

Offline liesl78

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Re: Ruling in my case?
« Reply #12 on: October 16, 2010, 01:05:23 PM »
Klaus, I'm really happy for you, just sad it took this long :(
Liesl78
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Offline Jara

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Re: Ruling in my case?
« Reply #13 on: October 16, 2010, 04:59:50 PM »
Congrats!!!  The most important thing is that it works for you, your daughter and everyone. 
Thanks so Much!
Jara and Theo

Offline JuliRosi

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Re: Ruling in my case?
« Reply #14 on: October 16, 2010, 06:27:30 PM »
Dear friends and supporters of Bring Sean Home,

after so much bad/sad news here comes good news... finally...

Today, I had the hearing with the Federal Judge in Rio de Janeiro about my daughter's case. 

Besides both parents and their attorneys, in the meeting were the Federal Judge, a psychologist, a prosecutor for the child (protecting the child's interests) and a representative from the Central Authority who is in charge of enforcing The Hague convention in Brazil.

After spending 04 happy visitation days with my 07 year-old daughter, I was still skeptical that the hearing would bring my case forward at all.  I was prepared for the worst meaning no progress at all like in the past or even the threat of an arrest order for not paying child support.

But to my surprise, the judge repeatedly referred to the NJ agreement, quoted from it several times and indicated to the mother that he (the judge) would issue the travel authorization for my daughter to return to the U.S. during school vacation if the mother would not do it by herself.  Facing this, the mother agreed to issue the important travel authorization voluntarily by herself.

The judge seemed firm to implement the NJ agreement, the mother requested and I accepted that only during the first visit to the U.S., a Brazilian babysitter will accompany my daughter to make things easier for her.  Also, I agreed to start paying child support (child support was suspended in 2004 by the NJ court when my daughter was illegally retained in Brazil) and pay for all travel cost.  This structure was slightly different from the NJ agreement, but out-of-pocket is comparable.

A detailed visitation schedule was worked out, based on the NJ agreement, signed by Federal judge, mother and father.  "Wheels up" is scheduled for 02-Jan-2011 and it seems likely that things are actually going to work out.  I am supposed to receive the travel authorization 60 days in advance, which is 02-Nov.  I still have to renew my daughter's U.S. passport, which should not be a problem.

Too early to celebrate, but a huge step forward and after 06 years finally a light at end of the tunnel... :)

A very special thank you to Fernando, Ana Paula and Julia in Brazil for your phenomenal support, without you guys, it truly would not have been possible... I will be forever thankful...

Klaus

I am really happy that your daughter can finally  spend her vacations with you in the USA! :biggrin :yeahthat