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Author Topic: Globo 7 Feb 2013  (Read 3246 times)

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Offline todez

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Re: Globo 7 Feb 2013
« Reply #1 on: February 08, 2013, 07:47:53 PM »
It's interesting how they cited the Hague Convention in their wayward attempt, especially since they didn't believe in it before!  And it looks as if Marco Aurelio is still in their pocket.  Also, according to the article Nona still has other actions pending in Brazilian courts.  Didn't she say that there were no more actions taking place?  Liar. 

Offline lovellboys

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Re: Globo 7 Feb 2013
« Reply #2 on: February 08, 2013, 10:53:31 PM »
Is there a translation?

Offline sue

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Re: Globo 7 Feb 2013
« Reply #3 on: February 09, 2013, 11:15:12 AM »
She is a liar.  I can't believe this is still going on, why doesn't she just stop?  Unbelievable.

Offline Bree

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Re: Globo 7 Feb 2013
« Reply #4 on: February 09, 2013, 12:30:13 PM »
From Google Translate:


Supreme Court refuses to quash decision ordering Sean to his fatherdelivering
For most, Supreme considered unfounded claim maternal grandmother.
In 2009, boy was handed over to biological father, American David Goldman.


The Federal Supreme Court (STF) denied on Thursday (7) appeals the maternal grandmother of the boy Sean Goldman, Silvana Bianchi, calling for it to be illegal to own provisional decision of the court that ordered him to surrender to the biological father , the American David Goldman.

For most, the magistrates concluded that habeas corpus is not a valid tool to discuss the Supreme Court regarding the custody of a child.

In 2009, then-President of the Supreme Court, Gilmar Mendes, rejected the call for judicial habeas corpus filed by the boy's Brazilian family seeking the suspension of the delivery of Sean to his father.  With the decision, the boy flew with David on December 24, 2009, to the United States and did not return to the country.In the lawsuit, lawyers for Silvana Bianchi claimed that the boy was sent to the U.S. without the Justice Department had consulted whether he preferred to stay in Brazil with David or go live in North America.

During its oral plenary of the Supreme Court, the lawyer Fernanda Mendonca Figueiredo, who represented the grandmother of Sean, quoted from the status of child and adolescent and Hague Conventions and the United Nations to try to convince ministers to repatriate to Sean he was heard on the subject.

"The minor has not been heard.  He was treated as if it were the object, a thing, "criticized Rapporteur of the proceedings in the Supreme, the Minister Marco Aurelio Mello accepted defense arguments Brazilian family of Sean and voted to grant habeas corpus to overturn the previous decision of the court.  Moreover, the magistrate recommended the repatriation of the boy that he should be consulted on the matter.

"I understand the relevant habeas corpus.  I ask the minister bowed Gilmar Mendes, who understood the contrary, to predict worsening, "said Marcus Aurelius.

In his opinion, Gilmar Mendes explained to the House that a skill performed at the time he denied the injunction requested by the grandmother of Sean showed that the boy had no maturity to position themselves about who would like to live.  "The expertise that we did, found that the child had moments of instability and was not mature. Stand by the view before denying tracking," he emphasized.

After discussing in plenary if it was possible to appeal to the Supreme with a habeas corpus to treat over custody of the boy, the other eight ministers of the court decided to follow the vote of the Gilmar Mendes unfounded.

"How can we admit that there is the possibility of habeas corpus to discuss the broad topic of custody of a child and then deny these assumptions to hypotheses of law. Would we be opening the doors of habeas corpus for any legal dispute guard lower our country, "said Minister Antonio Dias Toffoli for your vote.

With the decision of this farm, there is more chance of the Brazilian family of Sean recourse of habeas corpus in the Supreme. However, other actions related to the dispute guard Sean still proceed through other courts in the country.  One such action will be considered by the ministers of the Superior Court of Justice (STJ).

History

The boy Sean Goldman lived in Brazil for nearly five years before returning to the U.S. and by order of the Supreme.  He had been brought to the country by his mother, Bruna Bianchi, who was Brazilian, with his father's permission.  At the time, Sean was four.

In Brazil, Bruna Bianchi broke American David Goldman, Sean's father, and married lawyer Joao Paulo Lins e Silva.  In 2008, Bruna died due to complications in childbirth of her second daughter, and Brazilian courts granted temporary custody to the stepfather of the child.

Dissatisfied with the decision of Justice of Rio, David Goldman appealed, asking for the return of the child to the United States.  The U.S. President Barack Obama and Secretary of State Hillary Clinton pushed for the delivery of Sean.  Faced with this impasse, father, stepfather and maternal grandparents of the child fought a legal battle for custody of the boy.

On December 22, 2009, Minister Gilmar Mendes lifted an injunction that guarantee the permanence of the boy Sean, then 9 years old, in Brazil.  In the same week, the boy left for the United States accompanied by his American father.  Currently, Sean is 12 years.
« Last Edit: February 09, 2013, 12:49:11 PM by Bree »
"Every parent who has a child and they tuck him in at night, or her in at night, and they wish the best and only the best and they will always protect the child and do whatever they can, but most of the time they don't have to prove it. I'm in the proving grounds, to myself and to my child.  I have to get him home and I will do whatever I have to. I'll never stop to save him."  --David Goldman

Offline Bree

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Re: Globo 7 Feb 2013
« Reply #5 on: February 09, 2013, 12:55:20 PM »
The bulk of the article is things we already knew.  She's upset that she didn't win because the courts didn't take Sean's brainwashed opinion into consideration.  BooHoo


Quote
The Federal Supreme Court (STF) denied on Thursday (7) appeals the maternal grandmother of the boy Sean Goldman, Silvana Bianchi, calling for it to be illegal to own provisional decision of the court that ordered him to surrender to the biological father , the American David Goldman.
This part was interesting because, if I read it correctly, the STF denied Silvana's appeals on Thursday, February 7th.   ;D    She wanted them to state that it was illegal that Sean was surrendered to David (his only living parent) in 2009. 

I wish she would make peace with the fact that SEAN is HAPPY with HIS DAD!  She stole 5 years from David and Sean - 5 years they will never be able to get back.  She's not in this for Sean.  She's in this to win.  If she cared about Sean's best interests, she'd drop these ridiculous appeals and be apart of his life.  David's requirements for her to see Sean are not outrageous.  David has Sean's best interests at heart.  They've both been through enough. 
"Every parent who has a child and they tuck him in at night, or her in at night, and they wish the best and only the best and they will always protect the child and do whatever they can, but most of the time they don't have to prove it. I'm in the proving grounds, to myself and to my child.  I have to get him home and I will do whatever I have to. I'll never stop to save him."  --David Goldman

Offline lovellboys

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Re: Globo 7 Feb 2013
« Reply #6 on: February 09, 2013, 02:11:19 PM »
There is just no hope for certain types of people.  All she had to do was keep her mouth shut and relinquish her imaginary control.  She could have probably visited a few times in the last three years.......something is better than nothing right?  I wonder if her bitterness helps her sleep better at night.

Offline ANALE

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Re: Globo 7 Feb 2013
« Reply #7 on: February 09, 2013, 04:07:31 PM »
And here I thought she finally came to her senses and maybe had already enjoyed a (supervised) visit with Sean.  I just wonder how long the Brazilian courts are going to keep entertaining her crazy litigations before they tell her to get lost!  Don't they have more important cases to work on?  Her lawyers must just love her.