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Author Topic: Some good news to report from BSHF  (Read 9777 times)

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Offline JuliRosi

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Re: Some good news to report from BSHF
« Reply #15 on: April 27, 2011, 12:32:11 PM »
A court-ordered return happened? That's great news! Now the healing begins...

:yeahthat

Congratulations to the Connors! And to the judge in Brazil - Thank you!

I was very happy to hear these great news! I hope that other children can be returned soon too!  :yeahthat

Offline ProudDaddy

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Re: Some good news to report from BSHF
« Reply #16 on: April 27, 2011, 12:57:23 PM »

Thankfully there are at least a few judges down there who can properly interpret international law.

The judge that dealt with the case was fantastic and asked all the right questions. She had a good, if not perfect understanding of the Hague Convention and treated the case as an abduction and not a custody case.

 :biggrin
Unfortunately, I seriously doubt that this sets any type of precedent for the rest of us LBPs. It looks like Mr. Connor was very fortunate to get one of the few judges who saw the situation for what it was. There have been calls in the past to have all cases heard by a handful of judges so that there is uniformity. This case screams to the need for this to happen yesterday.

Maybe, may be not. In Brazil a judge's decision, when new (having no precedents like that) and once formalized (not overturned by a superior court), becomes a sort of norm, a unwritten law. Others judges (of the same and inferior levels) tend to follow that new precedent. It is called jurisprudência formada.

Offline LukieD

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Re: Some good news to report from BSHF
« Reply #17 on: April 27, 2011, 01:00:02 PM »
Unfortunately, I seriously doubt that this sets any type of precedent for the rest of us LBPs. It looks like Mr. Connor was very fortunate to get one of the few judges who saw the situation for what it was. There have been calls in the past to have all cases heard by a handful of judges so that there is uniformity. This case screams to the need for this to happen yesterday.

I agree partially with this. The need for uniformity in terms of how these cases are handled is obvious and to Tim's point, until that happens it will always be a roll of the dice in terms of which judge you get to decide your case. Do any of these first level federal judges confer with their colleagues on these Hague cases? That would be interesting to know, because I can now think of 4-5 different judges who have issued solid return orders at the federal court of first instance in Brazil.

But there's a second issue that needs to be considered, and that is what happens next for those parents fortunate enough to get that return order from the first level federal court. The biggest problem in Brazil, as I see it, is that even when good judges issue well-reasoned return orders, they are almost never enforced and ultimately lead to years of stall tactics and never-ending delays, even when the decisions are favorable. So the fact that the appeals were denied by the president of the appeals court in this case is in many respects more significant than the return order itself. Now that begs the question whether the other TRF regional courts of appeal, and even the STJ Superior Court, might actually look to this case as a precedent as to how Hague cases are supposed to be handled. I share Tim's skepticism but also hold some hope that there may be better days ahead for other LBPs with kids in Brazil.



Offline Diane

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Re: Some good news to report from BSHF
« Reply #18 on: April 27, 2011, 02:10:33 PM »
Yes,  This is it exactly.   A favorable court decision, does not guarantee a return order or preclude years of appeals and stalling a child's return.     Most countries seem to be sit up this way.   In Mexico they have the Amparo and numerous other avenues for endless delays.  SageDad has had 8 trials and I believe 5 Amparos, or appeals filed.   It takes a terrible toll on left behind parents and most seem to give up, due to financial or  the emotional toll it takes on them.

Hopefully,  Brazil may be headed toward a precedent sitting case.   Perhaps this will be one.

It is wonderful to know that for Connor this wonderful judge did the right thing and he is reunited with his sons.   I wish them a wonderful future and all the blessings they so deserve.


Offline Sandra

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Re: Some good news to report from BSHF
« Reply #19 on: April 27, 2011, 05:25:38 PM »
Hopefully,  Brazil may be headed toward a precedent sitting case.   Perhaps this will be one.

It is wonderful to know that for Connor this wonderful judge did the right thing and he is reunited with his sons.   I wish them a wonderful future and all the blessings they so deserve.


Beautiful said.  :yeahthat

Offline NoansDad

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Re: Some good news to report from BSHF
« Reply #20 on: April 27, 2011, 10:06:58 PM »
I think it should be noted that both Kevin Birrotte and Devon Davenport have both won their cases as well. Kevin's ex then took off, Devon got told he needed to wait for 15 days to have time to be with his little girl that allowed his ex to file an appeal. I know Cam's ex has filed appeals... he was just ready to leave as son as the first result came through to get out of the country before things were delayed.

Progress is being made I think (I hope) in the courts, it is just that we are still acting against evil people who act and do things that we are not prepared for because we have never encountered people who think they way they do and act the way they do. I know that I will make sure that my son is not allowed back with my wife after the case so that she does not take off again, as I know she will. These people act on their assumption that they can do whatever is best for them regardless of the effect on the LBP or the child.
Noan, your Dad loves you and misses you every single day.

Offline Dan_Plainview

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Re: Some good news to report from BSHF
« Reply #21 on: April 28, 2011, 12:13:04 PM »
While it should have been six weeks, six months is still better than six years. I believe that Cameron was fortunate to have a judge who understands the Hague Convention and was not in the mood for the mother's BS and never-ending excuses. And for that, we can all be grateful. Let's hope this return paves the way for others.

Cameron, if you're reading this, best of luck to you with your boys and congratulations on your dedication and perseverance.



This is fantastic!!


Thankfully there are at least a few judges down there who can properly interpret international law.

The judge that dealt with the case was fantastic and asked all the right questions. She had a good, if not perfect understanding of the Hague Convention and treated the case as an abduction and not a custody case.

 :biggrin

Do you know the Judge's name?
Dan
 
Break my heart for what breaks Yours

Offline KBZensen

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Re: Some good news to report from BSHF
« Reply #22 on: April 28, 2011, 02:10:33 PM »
I wanted to share with all of you some very good news we received today on two fronts.

1. We have been told that there will be a hearing on May 26th in the House of Representatives on the issue of international child abduction. We are still waiting for confirmation of the specifics but obviously this is great news and we will share more information with you when we have the details.

2. I spoke to David Goldman today who informed me that he received a call this morning from Brazil letting him know that Deppy and Dior Connor are on their way home from Brazil to Australia (photo of the boys below). The boys were abducted to Brazil last October and their father, Cameron Connor, was put in touch with David and the BSHF through the NCMEC. We have been assisting Cameron on a number of fronts and were absolutely thrilled with the news that his nightmare appears to finally be coming to and end. When we have more details on the return and how it played out, we will let you know. For all of the other left-behind parents with children still in Brazil, this is a very positive development so please don't give up hope.

Congratulations... Happy about the good news!!!
« Last Edit: April 28, 2011, 02:17:28 PM by LukieD »

Offline JustinB

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Re: Some good news to report from BSHF
« Reply #23 on: April 28, 2011, 10:47:42 PM »
We just landed in Melbourne, Australia 4 hours ago.

I know a few of you have questions and would like some more details, please just give me some time to get the boys settled and I'll post some updates.

Offline Nicole's Dad

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Re: Some good news to report from BSHF
« Reply #24 on: April 28, 2011, 11:08:42 PM »
I must agree with Tim. The tide is not changing. If anything else, this man was lucky he got his children out. And on top of that, he was not from the USA. I'll tell you why. I received an e-mailf rom Patricia Lamego yesterday, Chief Coordinator - Brazilian Central Authority. There is a man in Brazil that has two children that was abducted to the US. The man's name is Mr. Thales according to this e-mail. This man actually gained access to President Dilma Roussef. I didn't realize president's were so accessible to the public. But then again it's Brazil. He met with her staff to complain that his application for access rights to his childsren in the US has been pending for almost two years for lack of legal assistance. This man declared that he was provided no support and no information about real chances that his application was taken to a US court. This man is Brazilian journalist with many political ties in the Brazilian government. He is also speaking to the press and trying to contact other Brazilian LBP's whose applications were not sent to the proper jurisdiction in the US.

Writing is on the walls people. I did not share the entire e-mail from her but I can tell you this was nothing more than a reciprocating e-mail. In other words if we want our children back, then the US should return their children as well. As I've said before on numerous occasions. The problem lies within the US Government. This government doesn't give a crap about American LBP's or the children. I am ashamed that I actually vote for these lawmakers and politicians in this country when they can just turn a blind eye to our children. American children. They do not care one way or the other if we ever get them back contrary to what some of you believe. It's not their children, not their situation and certainly not their lives. This is a problem that needs to be corrected in our own country. We cannot do anything with the foreign governments. It takes a lot of prayer and a smooth talking negotiation to ever have any chance to get your children back. The chances are slim. 

Offline sue

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Re: Some good news to report from BSHF
« Reply #25 on: April 29, 2011, 12:20:15 PM »
I must agree with Tim. The tide is not changing. If anything else, this man was lucky he got his children out. And on top of that, he was not from the USA. I'll tell you why. I received an e-mailf rom Patricia Lamego yesterday, Chief Coordinator - Brazilian Central Authority. There is a man in Brazil that has two children that was abducted to the US. The man's name is Mr. Thales according to this e-mail. This man actually gained access to President Dilma Roussef. I didn't realize president's were so accessible to the public. But then again it's Brazil. He met with her staff to complain that his application for access rights to his childsren in the US has been pending for almost two years for lack of legal assistance. This man declared that he was provided no support and no information about real chances that his application was taken to a US court. This man is Brazilian journalist with many political ties in the Brazilian government. He is also speaking to the press and trying to contact other Brazilian LBP's whose applications were not sent to the proper jurisdiction in the US.

Writing is on the walls people. I did not share the entire e-mail from her but I can tell you this was nothing more than a reciprocating e-mail. In other words if we want our children back, then the US should return their children as well. As I've said before on numerous occasions. The problem lies within the US Government. This government doesn't give a crap about American LBP's or the children. I am ashamed that I actually vote for these lawmakers and politicians in this country when they can just turn a blind eye to our children. American children. They do not care one way or the other if we ever get them back contrary to what some of you believe. It's not their children, not their situation and certainly not their lives. This is a problem that needs to be corrected in our own country. We cannot do anything with the foreign governments. It takes a lot of prayer and a smooth talking negotiation to ever have any chance to get your children back. The chances are slim. 

I agree with you. 

Offline André Felipe

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Re: Some good news to report from BSHF
« Reply #26 on: April 29, 2011, 06:31:12 PM »
where it is said the return is a result from a judge's order?

Offline gil

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Re: Some good news to report from BSHF
« Reply #27 on: April 29, 2011, 07:42:25 PM »
where it is said the return is a result from a judge's order?

I don't know that it's been published anywhere, but that's the word from people close to the case. How exactly Mr. Conner managed to actually get the children physically, and leave the country, remains to be explained.

Offline André Felipe

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Re: Some good news to report from BSHF
« Reply #28 on: April 29, 2011, 08:52:44 PM »
where it is said the return is a result from a judge's order?

I don't know that it's been published anywhere, but that's the word from people close to the case. How exactly Mr. Conner managed to actually get the children physically, and leave the country, remains to be explained.

Thanks gil.
Great news, anyway. I hope we'll see good judge's orders about other cases.

Offline tweinstein

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Re: Some good news to report from BSHF
« Reply #29 on: April 29, 2011, 09:28:26 PM »
I must agree with Tim. The tide is not changing. If anything else, this man was lucky he got his children out. And on top of that, he was not from the USA. I'll tell you why. I received an e-mailf rom Patricia Lamego yesterday, Chief Coordinator - Brazilian Central Authority. There is a man in Brazil that has two children that was abducted to the US. The man's name is Mr. Thales according to this e-mail. This man actually gained access to President Dilma Roussef. I didn't realize president's were so accessible to the public. But then again it's Brazil. He met with her staff to complain that his application for access rights to his childsren in the US has been pending for almost two years for lack of legal assistance. This man declared that he was provided no support and no information about real chances that his application was taken to a US court. This man is Brazilian journalist with many political ties in the Brazilian government. He is also speaking to the press and trying to contact other Brazilian LBP's whose applications were not sent to the proper jurisdiction in the US.

Writing is on the walls people. I did not share the entire e-mail from her but I can tell you this was nothing more than a reciprocating e-mail. In other words if we want our children back, then the US should return their children as well. As I've said before on numerous occasions. The problem lies within the US Government. This government doesn't give a crap about American LBP's or the children. I am ashamed that I actually vote for these lawmakers and politicians in this country when they can just turn a blind eye to our children. American children. They do not care one way or the other if we ever get them back contrary to what some of you believe. It's not their children, not their situation and certainly not their lives. This is a problem that needs to be corrected in our own country. We cannot do anything with the foreign governments. It takes a lot of prayer and a smooth talking negotiation to ever have any chance to get your children back. The chances are slim. 

This is taken directly from the Brazilian Consulate in New York's website. Not only is it full of inaccuracies, but it rather clearly states that they expect reciprocity before they will send children home.

Quote
Brazil and the Hague Convention on International Child Abduction
10/02/2011 -

Following the due process of law, on December 23, 2009 the Chief Justice of the Brazilian Supreme Court ordered that 9-year-old Sean Goldman be returned to his father, David Goldman. The following day, in an official statement, U.S. Secretary of State Hillary Clinton expressed her “appreciation for the assistance and cooperation of the Government of Brazil in upholding its obligations under the Hague Convention on International Child Abduction”.

In Brazil as in the United States and other democratic countries, the judicial branch is granted powers by the Constitution in order to secure its independence. It has long been acknowledged that the separation of powers and particularly judicial independence are essential elements of democracy. The discussion regarding Sean Goldman’s return to his father took place in the framework of the Brazilian judicial system.
 
Under the Hague Convention, between 2003 and 2009 Brazil returned 54 children who had been living in Brazil without the consent of one of his or her parents. During the same period of time, 22 children who had been living irregularly outside Brazil were brought back.
 
Regarding the relationship between Brazil and the U.S. under the Hague Convention, each country has already returned 7 children to the other country. Currently, Brazil awaits the return of 11 other children from the U.S., whereas the United States awaits judicial decisions in 14 cases of children living in Brazil. It must be noted, however, that 5 of these 14 cases were filed in Brazil before the Brazilian accession to the Hague Convention and therefore are not covered by the said Convention.
 
Globally, Brazil awaits the repatriation of 63 children currently living in different countries.