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Author Topic: Sage Bermudez Abduction Case  (Read 26419 times)

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Offline forthelost

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Offline sue

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Re: Sage Bermudez Abduction Case
« Reply #46 on: September 18, 2009, 11:01:12 AM »
Any news here?

Offline SageDad

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Re: Sage Bermudez Abduction Case
« Reply #47 on: September 18, 2009, 06:23:56 PM »
No major developments, just playing the waiting game again.  The Supreme Court still hasn't published the decision we're waiting for.  Supposed to be Monday now.  I know the left behind father for whom that decision favors has to be very frustrated with how long they're taking but after waiting 3+ years I have no doubt that he can wait a little while longer.  We got a copy of the Amparo Directo and are turning in our response to it on Monday.  Lots of arguments against the court decision to return Sage but nothing that I'm worried about.  More arguments about me not sending child support to Mexico during the legal process, she argues that the Hague Convention violates basic human rights, that the return must be denied because it didn't specify a visitation schedule for her, that the court should have ordered that the return must be deferred until Sage is 7 years old (on the basis that children under 7 must be with their mother), that Sage wasn't legally represented (again) and of course that sending Sage back to the US would cause him psychological trauma since he is accustomed to life in Mexico.  It's always interesting when kidnappers argue that changing a child's home situation is traumatic for them.
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Offline sue

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Re: Sage Bermudez Abduction Case
« Reply #48 on: September 18, 2009, 08:31:34 PM »
Quote from: carlos;46629
No major developments, just playing the waiting game again. The Supreme Court still hasn't published the decision we're waiting for. Supposed to be Monday now. I know the left behind father for whom that decision favors has to be very frustrated with how long they're taking but after waiting 3+ years I have no doubt that he can wait a little while longer. We got a copy of the Amparo Directo and are turning in our response to it on Monday. Lots of arguments against the court decision to return Sage but nothing that I'm worried about. More arguments about me not sending child support to Mexico during the legal process, she argues that the Hague Convention violates basic human rights, that the return must be denied because it didn't specify a visitation schedule for her, that the court should have ordered that the return must be deferred until Sage is 7 years old (on the basis that children under 7 must be with their mother), that Sage wasn't legally represented (again) and of course that sending Sage back to the US would cause him psychological trauma since he is accustomed to life in Mexico. It's always interesting when kidnappers argue that changing a child's home situation is traumatic for them.
I guess she forgot about the trauma she caused when she abducted him?  It's amazing they can even put that down on paper.  Send money to a kidnapper?  Amazing.

Offline SageDad

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Re: Sage Bermudez Abduction Case
« Reply #49 on: September 28, 2009, 05:14:32 PM »
Quote from: carlos;46629
No major developments, just playing the waiting game again.  The Supreme Court still hasn't published the decision we're waiting for.  Supposed to be Monday now.  I know the left behind father for whom that decision favors has to be very frustrated with how long they're taking but after waiting 3+ years I have no doubt that he can wait a little while longer.  We got a copy of the Amparo Directo and are turning in our response to it on Monday.  Lots of arguments against the court decision to return Sage but nothing that I'm worried about.  More arguments about me not sending child support to Mexico during the legal process, she argues that the Hague Convention violates basic human rights, that the return must be denied because it didn't specify a visitation schedule for her, that the court should have ordered that the return must be deferred until Sage is 7 years old (on the basis that children under 7 must be with their mother), that Sage wasn't legally represented (again) and of course that sending Sage back to the US would cause him psychological trauma since he is accustomed to life in Mexico.  It's always interesting when kidnappers argue that changing a child's home situation is traumatic for them.


I forgot to mention that she is also arguing that the return should be denied because I'm not paying child support.  Even in different circumstances this would be a specious argument but it's worse because I've never even been ordered or asked to pay child support in Mexico or in the US (which leads to the presumption that I've always provided for my son).  She even said as much during one of her court statements "I never sought child support in the US because I thought he would try to fight for custody".  Now she argues Sage shouldn't be returned for lack of paying child support when she has never filed any motion asking for it.  I'm having problems getting warrants issued against her because she left without there being any prior custody hearings in the US but one thing I shouldn't have to worry about is her arguing a lack of child support if she never bothered to legally ask for it.  

In any case, I got some good news today.  In one of the other cases my lawyer is representing a girl that has been in Mexico for 3 years was just ordered returned by the Primera Sala of the Supreme Court of Mexico in a unanimous decision in which the only vote against the return was on the grounds that the Supreme Court should have never accepted the case in the first place (and thereby allowed the federal appeals court order to return the child to her father to stand).  This order by the highest court in Mexico to return a daughter to her father under the Hague Convention will add substantial weight to the arguments we are making in response to Sage's mother's appeals and is the first such case I know of.  Sadly, although the order to return this child is now final the mother will now surely appeal the way the return is enforced (ie using law enforcement would be traumatic) likely adding another 6 months to an already 3 year struggle.
“What you seek is seeking you.”
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Offline sue

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Re: Sage Bermudez Abduction Case
« Reply #50 on: September 28, 2009, 06:16:41 PM »
Quote from: carlos;46908
I forgot to mention that she is also arguing that the return should be denied because I'm not paying child support. Even in different circumstances this would be a specious argument but it's worse because I've never even been ordered or asked to pay child support in Mexico or in the US (which leads to the presumption that I've always provided for my son). She even said as much during one of her court statements "I never sought child support in the US because I thought he would try to fight for custody". Now she argues Sage shouldn't be returned for lack of paying child support when she has never filed any motion asking for it. I'm having problems getting warrants issued against her because she left without there being any prior custody hearings in the US but one thing I shouldn't have to worry about is her arguing a lack of child support if she never bothered to legally ask for it.
 
In any case, I got some good news today. In one of the other cases my lawyer is representing a girl that has been in Mexico for 3 years was just ordered returned by the Primera Sala of the Supreme Court of Mexico in a unanimous decision in which the only vote against the return was on the grounds that the Supreme Court should have never accepted the case in the first place (and thereby allowed the federal appeals court order to return the child to her father to stand). This order by the highest court in Mexico to return a daughter to her father under the Hague Convention will add substantial weight to the arguments we are making in response to Sage's mother's appeals and is the first such case I know of. Sadly, although the order to return this child is now final the mother will now surely appeal the way the return is enforced (ie using law enforcement would be traumatic) likely adding another 6 months to an already 3 year struggle.
Is this the decision you've been waiting for?  Sounds like good news for you.  How long before you will have a decision?

Offline forthelost

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Re: Sage Bermudez Abduction Case
« Reply #51 on: September 28, 2009, 07:35:22 PM »
Is that case the Combe-Rivas one? It would be wonderful if she was indeed returned home. (I will mention the family of Mom in that case, including her mother and her twin brother, pleaded for return to the US.)

Offline SageDad

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Re: Sage Bermudez Abduction Case
« Reply #52 on: September 28, 2009, 08:11:53 PM »
Quote from: forthelost;46910
Is that case the Combe-Rivas one? It would be wonderful if she was indeed returned home. (I will mention the family of Mom in that case, including her mother and her twin brother, pleaded for return to the US.)


Yes :)  It is a particularly egregious case.  My lawyer speaks very highly of the father saying he is "un tremendo ser humano."  The time he and his daughter have lost is a tragedy.
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Offline SageDad

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Re: Sage Bermudez Abduction Case
« Reply #53 on: September 28, 2009, 08:41:55 PM »
Quote from: gail;46909
Is this the decision you've been waiting for?  Sounds like good news for you.  How long before you will have a decision?


Yes, this is the case I was waiting for :)

Unfortunately the case is under some sort of secrecy of justice and the Supreme Court does not plan to publish a "Tesis" for it either so it will not serve as jurisprudence for other cases or likely be published in any Mexican media outlets.  Since we have the same lawyer he can still request certified copies of the case and use them in other cases that he handles but other lawyers cannot use it.  Father's like this one and David who never give up and take their Hague cases through other country's entire judicial systems blaze a trail that other parents can more easily follow in their fight to be with their children.  In 15 years of Mexico being a Hague signatory and tens of thousands of abductions there is amazingly very little case law on the Hague Convention in Mexico.  The US State Dept does their part to help create that problem by not making LBP's aware of some very basic things that they should be informed of as they begin to work to bring their children home.

I don't expect to hear a decision in either one of the two appeals I'm currently responding to for at least another month :(
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Offline ananddad

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Re: Sage Bermudez Abduction Case
« Reply #54 on: September 28, 2009, 08:55:09 PM »
Quote from: carlos;46911
My lawyer speaks very highly of the father saying he is "un tremendo ser humano."
That he truly is.
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Offline sue

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Re: Sage Bermudez Abduction Case
« Reply #55 on: September 29, 2009, 10:35:17 AM »
Quote from: carlos;46913
Yes, this is the case I was waiting for :)
 
Unfortunately the case is under some sort of secrecy of justice and the Supreme Court does not plan to publish a "Tesis" for it either so it will not serve as jurisprudence for other cases or likely be published in any Mexican media outlets. Since we have the same lawyer he can still request certified copies of the case and use them in other cases that he handles but other lawyers cannot use it. Father's like this one and David who never give up and take their Hague cases through other country's entire judicial systems blaze a trail that other parents can more easily follow in their fight to be with their children. In 15 years of Mexico being a Hague signatory and tens of thousands of abductions there is amazingly very little case law on the Hague Convention in Mexico. The US State Dept does their part to help create that problem by not making LBP's aware of some very basic things that they should be informed of as they begin to work to bring their children home.
 
I don't expect to hear a decision in either one of the two appeals I'm currently responding to for at least another month :(
Will you be traveling to Mexico for any of these decisions and hopefully get a chance to see your son?  Things are turning around for you, he will come home :)

Offline SageDad

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Re: Sage Bermudez Abduction Case
« Reply #56 on: September 29, 2009, 05:01:57 PM »
Quote from: gail;46925
Will you be traveling to Mexico for any of these decisions and hopefully get a chance to see your son?  Things are turning around for you, he will come home :)


At this point attendance of any of the hearings is completely optional even when they occur and not even my lawyer will be attending them.  Everything is now done on paper by filing motions and no new evidence or arguments are allowed with the exception of evidence that is truly new and did not exist at the time of the original trial.  I would like to be able to visit but doing so is an expensive logistical nightmare where I have to not only arrange my travel but also my lawyers, who lives 5 hours from the court and schedule it in advance with the family judge (and paying my lawyer to go there to file a request) then I can only see Sage in a small room at the courthouse for at most an hour a day.  I still do not get pictures or news of Sage and I'm sure they will do anything they can to make the visit as painful and difficult as possible including, but not limited to, not letting Sage sleep or eat before the visit, arriving late and leaving early.  Not to mention looking for any chance to provoke me or create a situation where they can accuse me of anything.. being violent, insensitive, abusive, careless, callous, ignorant, stupid... anything.  I frankly have no trust in my wife or her family at all.  They have backed themselves into a corner where they have no legal defense for what they've done -- a situation where even ethical people can do bad things... and they are anything but ethical.  I feel like in order to visit Sage I would need to bring my lawyer and a camera crew to document all of it.. and of course find a way to pay for all that when my legal fees here and in Mexico already have me under water.
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Offline sue

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Re: Sage Bermudez Abduction Case
« Reply #57 on: September 29, 2009, 06:37:03 PM »
Quote from: carlos;46948
At this point attendance of any of the hearings is completely optional even when they occur and not even my lawyer will be attending them. Everything is now done on paper by filing motions and no new evidence or arguments are allowed with the exception of evidence that is truly new and did not exist at the time of the original trial. I would like to be able to visit but doing so is an expensive logistical nightmare where I have to not only arrange my travel but also my lawyers, who lives 5 hours from the court and schedule it in advance with the family judge (and paying my lawyer to go there to file a request) then I can only see Sage in a small room at the courthouse for at most an hour a day. I still do not get pictures or news of Sage and I'm sure they will do anything they can to make the visit as painful and difficult as possible including, but not limited to, not letting Sage sleep or eat before the visit, arriving late and leaving early. Not to mention looking for any chance to provoke me or create a situation where they can accuse me of anything.. being violent, insensitive, abusive, careless, callous, ignorant, stupid... anything. I frankly have no trust in my wife or her family at all. They have backed themselves into a corner where they have no legal defense for what they've done -- a situation where even ethical people can do bad things... and they are anything but ethical. I feel like in order to visit Sage I would need to bring my lawyer and a camera crew to document all of it.. and of course find a way to pay for all that when my legal fees here and in Mexico already have me under water.
I understand and I hope this ends soon for you and your little boy.

Offline SageDad

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Re: Sage Bermudez Abduction Case
« Reply #58 on: October 09, 2009, 03:30:30 PM »
My lawyer is on his way back from court and I've just been informed that the office of DIF in Guanajuato (which is equivalent of Child and Family Services for the Mexican State of GTO) has filed a motion in my case expressing the inconstitutionality of returning my son to the US and their complete disagreement with the courts decision to do so and support of my wife's appeal to overturn the court's decision saying that small children can't be separated from their mother and basically validating every argument that my wife has made in her appeal.  When a Mexican mother kidnaps a child to Mexico she finds support through all levels of government, law enforcement and social services.  An American father going against that stands alone with what legal counsel and support he can afford to purchase (assuming he doesn't take the State Dept's advice that he doesn't really need a lawyer).  In a way I respect Mexico for supporting it's citizens, even when they are dead wrong.  I wish I lived in a country that did that.  Once upon a time I believed that I did.
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Offline Sashia

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Re: Sage Bermudez Abduction Case
« Reply #59 on: October 09, 2009, 07:23:01 PM »
I was wondering just exactly it is that the State Dept. DOES do, when I stumbled across this....I guess this is a lot more fun than working on cases....
 
excerpt:Upon arriving in Rio it was obvious that the book fair was in town. Notices were up all over the city and the buses were adorned with book advertisements. One in particular stood out: It was an ad for the Brazilian translation of David Wroblewski’s The Story of Edgar Sawtell. Wroblewski was one of a dozen American authors reading at the fair, part of the “Tribute to the USA” that also featured a large stand sponsored by the United States State Department featuring information on emigration to the States (something you’re not likely to find at Frankfurt, for example).
http://publishingperspectives.com/?p=6751
 
Imagine ruining that yearly trip to Brazil for all those deserving State Dept. employees!!!!!!!!!!