ISTOE magazine - "Abducted by parents"

[André Felipe]

Hi everyone, long time since my last post.


I read this amazing report last month and I think it should be shared with you.
It´s about how the issue of abducetd children evolved in the last years in Brazil, and the increasing numbers of cases here, both brazilian kidnaped children and foreigner children brought to Brazil, and also how fast (and peharps abusive) some returns are being executed by the authorities.


Here´s the link: [size=78%]http://www.istoe.com.br/reportagens/paginar/214431_RAPTADAS+PELOS+PAIS/2[/size]


I´m in a hurry, sorry I could not post the google translated version of the report. I will comment it later.


Salutations

[gil]

Thanks for posting. I would like to see a translation of this.
 

[tweinstein]

The article says that for every one child returned to Brazil, it sends 3 children to another country.
"In the last 9 years, 129 children were repatriated to Brazil and 359 were sent out"

In 2002, Brazil returned 7 children and in 2011, it returned 62. There are currently 109 requests to return children to other countries and 33 to return to Brazil.

It accuses Germany of never returning children.

Interestingly, it talks very little about the United States. The only references are a discussion of David Goldman's case and a mention that the United States is one of the countries with the most requests to return children. I suspect that a few children were returned to the US via negotiations in 2011, but through court orders, the return rate to the US is still near zero. I guess if my two children were taken today (rather than 6 years ago), I may have had a chance for their return.

[André Felipe]

The article says that for every one child returned to Brazil, it sends 3 children to another country.
"In the last 9 years, 129 children were repatriated to Brazil and 359 were sent out"

In 2002, Brazil returned 7 children and in 2011, it returned 62. There are currently 109 requests to return children to other countries and 33 to return to Brazil.

It accuses Germany of never returning children.

Interestingly, it talks very little about the United States. The only references are a discussion of David Goldman's case and a mention that the United States is one of the countries with the most requests to return children. I suspect that a few children were returned to the US via negotiations in 2011, but through court orders, the return rate to the US is still near zero. I guess if my two children were taken today (rather than 6 years ago), I may have had a chance for their return.

I don't know if it is true, but the article gives the impression that nowadays Brazil is working hard to return abducted children, as if the new Left Behind Parents had better chances than LBP like yourself, who had your children abducted several years ago.


It seems the Br CA, AGU and other authorities are very aware that the slowness of the Judiciary would mean non-compliance with the Hague Convention, and so, as reported by the article, they sent police men at the same time of a judge's preliminary order were isued, as an attempt to put the child inside an airplane immediately before the "kidnapper" parent gets a stay order from the second instance.


At one side, it is positive, as the Hague Convention demands expeditious responses, but I'm also worried if the authorities are only making such maneuver when they are absolutely sure there's no possibilitie of one of the Hague's exception to be present on the case.

I wonder if these improvements showed by the report in regard to Brazil's response to theses Hague cases are resulted by the Goldman Case and the movement it started in 2005.

[NoansDad]

Well in my case an attorney at the AGU told me that my judge WOULD NOT be returning my son  because of the fact that Sean Goldman had been returned. (He told me 4 months before the judge made his ruling)


The judge of course then worked to find a way to make that happen within the legality of the Hague Convention, including holding the hearing without notifying the AGU attorneys so that they did not attend.



So in some cases Sean Goldman coming back has not helped parents get their kids back. I have extreme doubts over those numbers that they claim.

[gil]

After Sean Goldman was returned, the Brazilian Consulate in NY posted this..
 
http://www.bringseanhome.org/forums/index.php/topic,3531.msg74896.html#msg74896
 
I don't know where the numebrs in this article came from, but any numbers coming from then Brazilian government are very suspect. At the time this was posted they claimed there were only 9 Hague cases where Americans awaited the return of their children from Brazil, when we know the number was much higher.
 

[André Felipe]

Well in my case an attorney at the AGU told me that my judge WOULD NOT be returning my son  because of the fact that Sean Goldman had been returned. (He told me 4 months before the judge made his ruling)

David's case had very specifc particularities, specially the fact that he was the only living parent, so his case could not be the perfect model case for others Hague cases. What I was trying to say is that this case brought too much attention over an issue that the country was not aware of, and it started a debate about how the Hague Convention should be enforced here. So I hope it's bringing positive changes, but unfortunately some LBP were not benefited, cases that started several years ago.

The judge of course then worked to find a way to make that happen within the legality of the Hague Convention, including holding the hearing without notifying the AGU attorneys so that they did not attend.

From my knowledge of law, I can not figure out any legal way a judge could hold a hearing without notifying the AGU attorney. It's simply not possible. Something is missing, or really wrong with this case.

[NoansDad]

This is the email from Daisy Cardeil at OCI that outlines what happened.


On Thursday, the BCA also informed our office that on March 26, 2012 the federal judge denied the return of your son and ruled that the child should stay in Brazil.  The BCA informs our office that the OAG did not attend the hearing because the OAG received several correspondences indicating that the hearing had been cancelled based on repeated requests from the taking mother.  The OAG also requested, prior to the hearing, to be notified as to when the hearing would be, but the OAG never received a response from the court.  The OAG will now review the judge’s ruling, examine the case in order to file an appeal against the denial.

Why do you have to figure out a 'legal way' you just do it illegally. Yes this is illegal in Brazil, USA, Columbia, Haiti..... but doesn't mean it can't be done. I would say as a Judge he was smart to just break the law, he is a judge who is going to question him or what he does. Certainly not the US State Department.


To make it complete you then just rely on the lack of initiative and ethics of the attorneys working for the AGU who won't even bother to appeal a decision based on an illegal hearing. Brilliant.

[dmdaven2]

BULLLLLLSHIIIIIIIIIIIIII TTTTT

[NoansDad]

Devon mate you heard what Susan Jacobs said in Washington. The trouble in Brazil is supposedly the judiciary, they just do whatever suits there opinion on how a international custody dispute should play out.


The judiciary can just do what they like. And do. As every lawyer I have spoken to about this says, well it depends on many factors A, B, C, D.... and then it depends on the Judge.


It ONLY depends on the judge.

[dmdaven2]

HAHA naah, I was saying bullshit to Andre's initial post...Brazil isn't doing anything progressively better.


 

[André Felipe]

This is the email from Daisy Cardeil at OCI that outlines what happened.


On Thursday, the BCA also informed our office that on March 26, 2012 the federal judge denied the return of your son and ruled that the child should stay in Brazil.  The BCA informs our office that the OAG did not attend the hearing because the OAG received several correspondences indicating that the hearing had been cancelled based on repeated requests from the taking mother.  The OAG also requested, prior to the hearing, to be notified as to when the hearing would be, but the OAG never received a response from the court.  The OAG will now review the judge’s ruling, examine the case in order to file an appeal against the denial.

Why do you have to figure out a 'legal way' you just do it illegally. Yes this is illegal in Brazil, USA, Columbia, Haiti..... but doesn't mean it can't be done. I would say as a Judge he was smart to just break the law, he is a judge who is going to question him or what he does. Certainly not the US State Department.


To make it complete you then just rely on the lack of initiative and ethics of the attorneys working for the AGU who won't even bother to appeal a decision based on an illegal hearing. Brilliant.

I understand. I was trying to say if the judge held a hearing without notifying AGU, he did it illegaly, there's no way to do this within legality.


Daisy said AGU would examine the ruling in order to file an appeal. Do you know if they had already filled it or did they say to you they won't file an appeal? And why?

HAHA naah, I was saying bullshit to Andre's initial post...Brazil isn't doing anything progressively better.


 

I have not the means to evaluate if there's any progress, I just hope it's happening...

[NoansDad]

No Andre. The attorneys who did not attend the hearing decided that they would NOT appeal.  I don't get a choice what happens to my son. He is the responsibility of the Brazilian taxpayers now.

[IBI010]

Hello Everyone,  would like to introduce myself.
I'm Isabel, the mother of the Bierrenbach Case, after Istoe's article, bunch of mums and dad's contacted me looking for some help.
I guess, only us who suffered the pain to be away from your child undestands how difficult it is, and I will be glad if I could give any tips! or even a sholder to help go thought the tough days...
 
Cheers,
 

[wicasa]

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