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Author Topic: Questions Asked - iCHAPEAU Association at the BRAZILIAN CONSULATE in Toronto  (Read 1601 times)

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Offline iCHAPEAU

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(Press Conference - DOWNLOAD LINK to this page below which includes hyperlinks in PDF)
Three members of the iCHAPEAU Association, Beto Thomaz, Stephen Watkins and Cesar Caetano attended the Hague Convention Meeting held at the BRAZILIAN CONSULATE in Toronto on Tuesday February 11@ 3pm with a visit to Toronto by, Mr. GEORGE LIMA, Coordenador Geral da Autoridade Central Administrativa Federal. Two of the iCHAPEAU Members representing 3 children had their children abducted to Brazil.





We had many questions for Mr. George Lima to put pressure on the country of Brazil to return abducted children from their country and for failing to follow the spirit of the “Hague Convention On The Civil Aspects Of International Child Abduction”. Here are TWO of the most important questions that we really wanted to know.


FACEBOOK PHOTO: https://www.facebook.com/photo.php?fbid=651523768247615


DOWNLOAD these Questions in PDF w/ LINKS:
(The URL links will work if you download and open but on on screen)
http://www.keepandshare.com/doc/6813732/ichapeau-final-3-brazilian-consulate-press-conference-question-statement-master-file-o-pdf-3?da=y





Here is our questions:


Brazilian Consulate Press Conference (Feb 11, 2014)
with GEORGE LIMA, Coordenador Geral da Autoridade Central Administrativa Federal
 
QUESTION #1... 
(Asked by: STEPHEN WATKINS, iCHAPEAU Association Executive Director & Father of Alexander & Christopher abducted to Poland)
   
My Name is STEPHEN WATKINS and I am one of the founding parents of Canada’s iCHAPEAU Association where iCHAPEAU is an acronym that stands for the “International Child Harbouring & Abduction Prevention Enforcement Act Under-Law”(*)
 
Mr. George LIMA - The country of Brazil has again been listed as a country with “Patterns of Non-Compliance”(1) with the “Hague Convention On The Civil Aspects Of International Child Abduction”(5) through the 2013 Report on Compliance issued by the US State Department.(1)  I believe, the country of Brazil, has also been is listed for many years by the US State Department for NOT returning abducted children.
 
Unfortunately our Canadian government is NOT currently tracking compliances of other nations in returning of international abducted Canadian children so we have to quote other international yearly report sources, such as the US State Department.
 
Brazil has also ratified the 1990 “U.N. Convention on the Rights of the Child (UNCRC)”(2), the 1959 “U.N. Declaration of the Rights of the Child”(3) and signed the 1989 “Inter-American Convention On The International Return Of Children”(4).
 
MY QUESTION IS - What is your opinion of the law, that the United States in currently reviewing - called the “Sean and David Goldman International Child Abduction Prevention and Return Act” (6), also known as H.R. 3212 ( 8) , that has already been approved by congress in a unanimous passing vote of 389-0, and is set for consideration by their Senate where this law takes direct actions through recommending sanctions against non-compliant countries, such as BRAZIL, JAPAN and POLAND in returning abducted children back to their habitual country’s and where the iCHAPEAU Association will also be advocating, a similar law, for our own Canadian government?


QUESTION #2...
(Asked by: CESAR CAETANO, iCHAPEAU Association Director & Father of Alice abducted to Brazil)   
   
My name is CESAR CAETANO - Mr. George LIMA - The FACT IS that Brazil has NOT returned hundreds of abducted children back to their habitual countries under the “Hague Convention On The Civil Aspects Of International Child Abduction”(5) including many American and Canadian children - such as my OWN abducted daughter ALICE - and my friend here, BETO THOMAZ two daughter’s, Meline and Mariana, who have also been abducted to Brazil.
 
In our opinion - AND - also expressed by many parents dealing with a lost child through an International Parental Child Abduction to Brazil,  is that the Brazilian Judicial System does not RESPECT and or following the SPRIT of the “Hague Convention On The Civil Aspects Of International Child Abduction” where Brazilian government has signed, agreed to follow and has been entry info force in Brazil since January 1, 2000.(5)
 
The Brazilian Justice System treats the abduction and retention of our young children as regular custody battles within Brazil then actually following the Hague Convention and returning children back to their habitual country’s - which is the TRUE purpose and SPRIT of the “Hague Convention On The Civil Aspects Of International Child Abduction”.
 
The “Hague Convention On The Civil Aspects Of International Child Abduction” has nothing to do with parental custody - but rather the return of children wrongfully removed -or- retained - and to return the children back to their habitual country so that judicial matters of custody can be reviewed by the judicial system where the child resided prior their abduction or retention.   Unlike the Brazilian Judicial system, children abducted to Canada, are returned back to Brazil right away, if not within 6 months, as with the latest case of Dr. Roberto Machado son (7), who was abducted from Goiânia, Brazil to Vancouver, Canada. 
 

MY QUESTIONS ARE - How will you help RETURN our abducted Canadian children?      How will you change the your Justice System?



(*) Canada’s iCHAPEAU Association - “International Child Harbouring & Abduction Prevention Enforcement Act Under-Law”
CBC News 8/22/2013: http://www.cbc.ca/news/canada/toronto/child-abduction-group-aims-to-fight-for-parental-rights-1.1415528

Please JOIN, LIKE and SUBSCRIBE to all our social links and help to share our cause:
FACEBOOK: http://www.facebook.com/iCHAPEAU
YOUTUBE: http://www.youtube.com/iCHAPEAU
TWITTER: https://twitter.com/iCHAPEAU_Law (@iCHAPEAU_Law)
WEBSITE: http://www.iCHAPEAU.ca
 
(1) US Department of State 2013 Report on Compliance with the Hague Convention on the Civil Aspects of International Child Abduction
WWW: http://travel.state.gov/content/dam/childabduction/complianceReports/2013ComplianceReport.pdf
All Reports on Compliance:
WWW: http://travel.state.gov/content/childabduction/english/legal/compliance.html
 
(2) “U.N. Convention on the Rights of the Child (UNCRC)” 1990
SOURCE: http://www.ohchr.org/en/professionalinterest/pages/crc.aspx
PDF: http://www.ohchr.org/Documents/ProfessionalInterest/crc.pdf
 
BACKGROUND - The UN Convention on the Rights of the Child also obliges states to ensure that national borders are not used to prevent children from having contact with their family. Signatory states commit to ensuring the continuity of a child's life when a substantial part of it resides in another country.
 
(3) “U.N. Declaration of the Rights of the Child” 1959
SOURCE: https://www.un.org/cyberschoolbus/humanrights/resources/child.asp
PDF:  http://www.rethinkingschools.org/static/publication/rg/rg208ChildRights.pdf
 
(4) “Inter-American Convention On The International Return Of Children” 1989
TEXT SOURCE: http://www.oas.org/juridico/english/treaties/b-53.html
STATUS TABLE: http://www.oas.org/juridico/english/sigs/b-53.html


(5) “Hague Convention On The Civil Aspects Of International Child Abduction” 1980
BRAZIL CENTRAL AUTHORITY: http://www.sdh.gov.br/sobre/regimento-interno
HCCH in BRAZIL (Portuguese):  http://www.planalto.gov.br/ccivil_03/decreto/D3413.htm
HCCH TEXT SOURCE: http://www.hcch.net/index_en.php?act=conventions.text&cid=24
HCCH STATUS TABLE: http://www.hcch.net/index_en.php?act=conventions.status&cid=24
 
BACKGROUND - With the increase in transnational marriages, international parental child abduction has become a serious problem that affects both individual states and the international community.  Parents who feel unfairly treated by the family courts may  "forum shop" taking the kids into a new legal jurisdiction that will be more likely to rule in their favour, thus sparking a re-run of their custody case. The Hague Convention on International Child Abduction is designed specifically to prevent this border-hopping between nations; signatory countries agree to accept decisions already made in another jurisdiction and to promptly return abducted children to their place of habitual residence.
 
(6) The Washington Post 12/28/2013 - “In international abduction cases, quiet diplomacy is not working”
SOURCE:  http://www.washingtonpost.com/opinions/give-parents-more-tools-in-international-abduction-cases/2013/12/28/2d0a96aa-6c0e-11e3-aecc-85cb037b7236_story.html
 
(7) R7Notícias 08/04/2013 - Após seis meses de luta, médico consegue trazer o filho de volta do Canadá
SOURCE: http://noticias.r7.com/jornal-da-record/noticia/apos-seis-meses-de-luta-medico-consegue-trazer-o-filho-de-volta-do-canada




Canada’s iCHAPEAU Association
Please JOIN, LIKE and SUBSCRIBE to all our social links and help to share our cause:
FACEBOOK: http://www.facebook.com/iCHAPEAU
YOUTUBE: http://www.youtube.com/iCHAPEAU
TWITTER: https://twitter.com/iCHAPEAU_Law  (@iCHAPEAU_Law)
WEBSITE: http://www.iCHAPEAU.ca