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Author Topic: Brazil wants to control my life!  (Read 3474 times)

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Offline NoansDad

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Brazil wants to control my life!
« on: May 30, 2012, 04:16:42 PM »
Today I received a letter from the BCA explaining why they will not file an appeal.


1. The judge used the usual article 13. The danger of the child reason, based on my wife getting an unopposed time in court to make up whatever reason she needed to make me look abusive.
2. The judge stated that I was Australian and living in the USA, that I had no family in the USA and so he would not return the child to someone who was not living near his family, BUT that also seeing as Noan was born in the USA that I would possibly like to take him to Australia to know my family there and that would be stressful on the child because he only knows the USA and Brasil and he no ties and doesn't know anyone in Australia and is not allowed to go there.


So I am a bad father for not living with my parents and I am a bad father if I want to take my son to go and meet my parents.


The BCA and AGU saw this as reasonable grounds for me to not have an appeal.



Noan, your Dad loves you and misses you every single day.

Offline tweinstein

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Re: Brazil wants to control my life!
« Reply #1 on: May 30, 2012, 05:34:53 PM »
It sounds like the judge actually went easy. In denying the return of my children, the judge listed (I think) 9 different reasons why he wouldn't order them back. Like yours, they were almost entirely BS.

Offline SageDad

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Re: Brazil wants to control my life!
« Reply #2 on: May 31, 2012, 10:01:43 AM »
Total bullshit.  I suppose expecting the OCI to object to these reasons is asking too much, especially when your case is so close to becoming "resolved."


What the judge is doing here with such reasoning is deciding custody arrangements.  If the children have more family and that gives them a better life in Brazil, a US judge is just as capable, if not more so, to make that determination in a US court while denying validity to the use of child trafficking as a vehicle to litigate child custody.



The children should know Australia, it is part of their heritage.  Further, there is probably no single country more compliant with the Hague Convention than Australia.  More importantly though, this court is just speculating on the possibility of future travel there, something which, in any case, is also something for US courts to decide.


Appeals are generally cheaper than first instance trials if you are considering hiring your own attorneys to handle an appeal.


Since this is the first time I've heard of the AGU not appealling any case, much less one that clearly merits it, future LBP's should take this into consideration when considering not using private attorneys in that Brazil.
“What you seek is seeking you.”
― Rumi

Offline Nicole's Dad

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Re: Brazil wants to control my life!
« Reply #3 on: May 31, 2012, 01:40:49 PM »
I know you haven't had any luck or favorable results from the OCI but I would insist that they intervene. If they do not, they have failed not only you but also the other LBP's with children not only still in Brazil but other countries as well.
 
This is not right and should be deemed unacceptable by the OCI. It's one thing to not return a child. It's another thing when the child has been illegally abducted and a ruling such as this happens with total disregard of law. The US Department of State should condemn this ruling and send the shot across the bow to Brazil and all other Hague country partners that not accepting an appeal on these grounds is unacceptable. PERIOD.

Offline StrngConviction

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Re: Brazil wants to control my life!
« Reply #4 on: May 31, 2012, 03:16:17 PM »
this really saddens my heart to hear . Im speechless.

Behind this smile is something only we LBP understand.
                May God be with ALL our children.

Offline todez

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Re: Brazil wants to control my life!
« Reply #5 on: May 31, 2012, 06:08:56 PM »
I think that NBC should do a program about how the OCI and State Department are doing absolutely nothing to bring abducted children back to this country.  It's time for the rest of America to hear how their officials would rather brush things under the rug than help it's own citizens get their kidnapped children back home.

Offline tweinstein

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Re: Brazil wants to control my life!
« Reply #6 on: May 31, 2012, 08:44:12 PM »
Quote
Since this is the first time I've heard of the AGU not appealling any case, much less one that clearly merits it, future LBP's should take this into consideration when considering not using private attorneys in that Brazil.
The AGU refused to appeal my case, but that was to the third level. What is unprecedented is that they wouldn't file an appeal to the second level.

Quote
I think that NBC should do a program about how the OCI and State Department are doing absolutely nothing to bring abducted children back to this country.  It's time for the rest of America to hear how their officials would rather brush things under the rug than help it's own citizens get their kidnapped children back home.
About two years ago, I went back and forth with a producer from Dateline about this exact issue. I submitted tons of anecdotal evidence and supposedly she tried to sell the idea to her bosses. We all know what happened with that effort.

Offline dmdaven2

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Re: Brazil wants to control my life!
« Reply #7 on: June 11, 2012, 02:56:58 PM »
Wait, so it's over?

I thought appeals were automatically granted by the AGU.

What will you do now??
Devon Davenport - Father of Nadia Lynn ;)

Offline tweinstein

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Re: Brazil wants to control my life!
« Reply #8 on: June 11, 2012, 06:59:50 PM »
I thought appeals were automatically granted by the AGU.
Appeals aren't automatically granted if they do not believe they have legal grounds for an appeal. If so, they would have appealed my case to the third level. Remember, once a case leaves the first level judge, the "facts" are set and one is merely arguing whether, given the "facts", the judge correctly applied the law. I wrote an article to explain the process:

http://bringseanhome.org/resources/the-left-behind-parent/the-brazilian-judicial-system-and-the-hague-convention-2/