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Bring Sean Home Foundation => International Abduction Cases => Weinstein => Topic started by: tweinstein on March 29, 2010, 09:51:30 PM

Title: Appeal Filed
Post by: tweinstein on March 29, 2010, 09:51:30 PM
I received verification today that the AGU filed an appeal last week in my case. As it is 29 pages in Portuguese legalese, it will take me a little time to analyze the appeal.
Title: Re: Appeal Filed
Post by: UD_student on March 30, 2010, 09:27:45 AM
I'm glad to hear you received verification that they filed the appeal within the required timeframe. I sincerely hope they thoroughly rebutted each erroneous point (which perhaps is all points) the judge in Brazil made.
Title: Re: Appeal Filed
Post by: tweinstein on March 30, 2010, 11:55:50 AM
An initial review shows the AGU's argument to be very sound and well thought out. I will communicate with them some minor clarifications of fact, but none that would substantively change their arguments.
Title: Re: Appeal Filed
Post by: Celita on April 05, 2010, 10:04:33 PM
We have to keep the faith and hope. I´m here in Brazil (Rio de Janeiro), leaving next Wednesday and back home (TX). I ´ve been so busy but finally I could check your last post. I will be praying that God bring is perfect justice !
Title: Re: Appeal Filed
Post by: UD_student on April 22, 2010, 07:12:33 PM
In reference to your post on the Birotte case, did the AGU make any comments about the length of time for the case to be filed although it was less than one year (i.e., did they try to justify why they couldn't have filed sooner than 11 months after the illegal retention)?
Title: Re: Appeal Filed
Post by: tweinstein on April 22, 2010, 09:19:27 PM
The official story has always been that it took Interpol 6 months to locate my children, but I know that is not true as I always knew where my children were(and provided the address and phone number on my petition). At one point, I remember offering to do a 3-way call so that they could verify the location of my children.
Title: Re: Appeal Filed
Post by: tweinstein on September 03, 2010, 09:39:58 PM
I just received an update from Chris Smith's office in which they forwarded the OCI's response to an inquiry on my behalf:

"The Brazilian Central Authority has informed our office that there is no set date for the appeal to be heard in the Weinstein case.  The petition for an appeal has been submitted, but there is no date yet."

You're free to interpret this as you please in terms of the priority that the Brazilian judiciary sets on resolving Hague Convention cases.
Title: Re: Appeal Filed
Post by: SageDad on September 03, 2010, 10:58:15 PM
The appeal was only just filed six months ago Tim.  They need to look at the calendar before they can set a date.  Checking the calendar and looking for an open slot takes time  :rolleyes:

In case it wasn't clear already, there's little reason to doubt that Brazil and State have gone back to business as usual.  Brazil's just sitting on cases and letting them stagnate while children grow up, and parents need to get assistance from a US Congressman in order to get an answer to a simple question from State.
Title: Re: Appeal Filed
Post by: UD_student on September 04, 2010, 01:06:34 PM
I just received an update from Chris Smith's office in which they forwarded the OCI's response to an inquiry on my behalf:

While I sadly agree with Carlos' sarcastic comments about Brazil, I find it even worse that despite an abduction ongoing for over 4 years OCI continues to not answer your requests unless they are submitted by a Congressman on your behalf.
Title: Re: Appeal Filed
Post by: Diane on September 04, 2010, 01:46:51 PM
I was thinking about this last night.  I'm not at all sure it was Hillary,  Congressman Smith,  this forum,  The Today Show,  David's long saga and the lawyers in two countries,  numerous trips to Brazil with massive t.v. coverage, in both countries,  the death of Sean's mother etc.   that finally affected Sean's return.  Would any of this have culminated in his return without the intervention of A U.S. Senator stalling a bill for 24/48 hours on a huge aid package to Brazil. (Sorry, I don't remember the names and specifics).  Perhaps we should all consider this as the defining reason Sean is home with his father.    Diane
Title: Re: Appeal Filed
Post by: UD_student on September 11, 2010, 11:31:13 AM
[...] another example of the insanity that comes out of the Brazilian legal system is that my wife's attorney filed, purely as a means to delay the case even further, an appeal of the ruling from February, 2010, which was 100% in my wife's favor. How do you appeal a ruling that is in your favor?

Does that mean two trials need to be scheduled, one for each appeal? Or since nothing has been scheduled yet is it too early to have even as guess as to how that will work out?
Title: Re: Appeal Filed
Post by: tweinstein on September 15, 2010, 06:23:04 AM
You know as well as me what this means. I choose to focus my efforts on maintaining a relationship with my children rather than getting upset over the lack of progress in the courts.
Title: Re: Appeal Filed
Post by: UD_student on September 16, 2010, 03:02:18 PM
That definitely is a much smarter idea, Timothy.
Title: Re: Appeal Filed
Post by: dmdaven2 on September 27, 2010, 09:34:08 AM
You know as well as me what this means. I choose to focus my efforts on maintaining a relationship with my children rather than getting upset over the lack of progress in the courts.

My man, that's the spirit...don't let this get you down man. I've always said that you're in the best position, to still have the opportunity to maintain contact with your children regularly. Continue on your plan...hopefully as you continue building and maintaining your relationship with your children...the Brazilian government will meet you half way. Stay positive...You too Carlos

I was reading the bible and this verse came across and I thought of you.

*If thou shalt fall in the day of adversity, thy strength is small*

You're strong enough to continue the fight. Keep fighting, and never give up...(I know you won't)
Title: Re: Appeal Filed
Post by: Andrew on November 04, 2010, 11:28:56 AM
I asked the OCI a question about the children's passports in October 2009.  Multiple follow up emails go unanswered.  Only when a Congressman asks, did I receive a response in June 2010.  And the information was useless.  The OCI should be run by a left behind parent who truly understands the situation and anguish.  Having Michael Regan as a Director is the worst that thing to do to left behind parents.
Title: Re: Appeal Filed
Post by: BringJusticeHome on November 04, 2010, 05:24:07 PM
^^^^ agreed ive only spoke with Daisy once and that was when i first opened up my case. after numerous calls and voicemails havnt heard from her since. Eventually i am going to file a complaint and make some noise there but i am not going to focus my time on them just yet..
Title: Re: Appeal Filed
Post by: tweinstein on November 04, 2010, 07:51:16 PM
I very rarely ask them anymore for help. You would think then when I do, I would get a response. However, I recently learned that my case was moved to another court and I cannot access the online dockets anymore. I wrote OCI two weeks ago asking for an update on my case and the new case number so that I could know what was going on. I am still waiting for a reply.
Title: Re: Appeal Filed
Post by: sue on January 16, 2011, 12:19:04 PM
You still have not heard anything? 
Title: Re: Appeal Filed
Post by: tweinstein on January 17, 2011, 07:49:16 AM
I have come to the conclusion that nothing will be resolved through the courts and I will need to reach a settlement on my own.
Title: Re: Appeal Filed
Post by: sue on January 18, 2011, 08:19:24 AM
I'm sorry to hear that.  I do hope your ex will let the children come visit here in the states. How are your children?
Title: Re: Appeal Filed
Post by: tweinstein on January 18, 2011, 04:56:54 PM
I'm sorry to hear that.  I do hope your ex will let the children come visit here in the states. How are your children?
My children are doing well. I was able to see them during Christmas break. They are now spending one week at summer camp. I'm trying to come to some resolution for them to either visit here or return with their mother. At this point in the game, I'm thinking that something like Francois Larivee arranged wouldn't be so bad.
Title: Re: Appeal Filed
Post by: sue on January 18, 2011, 04:59:07 PM
I agree.
Title: Re: Appeal Filed
Post by: tweinstein on February 18, 2011, 04:41:04 PM
I just received an email from the BCA stating that the judge will hear the appeal on my case within the next two months. I have no idea what time-frame this means for an actual ruling as it took the first court nearly 2 years to issue a ruling after the case was heard.
Title: Re: Appeal Filed
Post by: lovellboys on February 19, 2011, 09:27:53 AM
I just received an email from the BCA stating that the judge will hear the appeal on my case within the next two months. I have no idea what time-frame this means for an actual ruling as it took the first court nearly 2 years to issue a ruling after the case was heard.

Fingers crossed that a decision on your appeal will come sooner rather than later.......

I seem to spend most of my time with fingers crossed for the LBP's on this forum. :rolleyes:
Title: Re: Appeal Filed
Post by: dmdaven2 on February 20, 2011, 01:22:13 PM
Niiiice
Title: Re: Appeal Filed
Post by: SageDad on February 20, 2011, 07:17:02 PM
I'm interested to know what Andrei thinks, but I wouldn't be surprised if they issued a decision in less than a month after the hearing.  There's no new evidence allowed so once they actually hear the case it doesn't make much sense to wait to make and write their decision because they'll just have to go back and review the docket it again while writing their decision.  I'm hoping this means you'll have a decision in the next 3 months, but I wouldn't be surprised if it wasn't either..
Title: Re: Appeal Filed
Post by: André Felipe on February 20, 2011, 08:02:41 PM
There're no hearings at the second instance (not the kind of "hearing" that happens in the first instance). After the proceeding be analysed by the rappourter judge and the reviser judge, the president of the panel will schedule a date for the judgement. It's possible one of the judges request more time to analyse the case, but usually it's decided in the same day.
Title: Re: Appeal Filed
Post by: tweinstein on February 25, 2011, 05:31:26 PM
I received a phone call from the BCA today to inform me that my case will be analyzed on March 14. I'm guessing this means that I will have a ruling then. The BCA has a newer case manager who takes a personal approach to the cases he handles (as versus playing politics). For the past month (since I said the magic words, whatever they were) I have received weekly phone calls from him updating me on the progress of my appeal. This is in stark contrast to the prior 4 1/2 years in which I fought tooth and nail for any type of information. Obviously, he realizes how little assistance LBPs get from the OCI in that he is completely bypassing protocols. If he is reading this post, THANK YOU!! :yeahthat
Title: Re: Appeal Filed
Post by: lovellboys on February 25, 2011, 06:21:33 PM
I received a phone call from the BCA today to inform me that my case will be analyzed on March 14. I'm guessing this means that I will have a ruling then. The BCA has a newer case manager who takes a personal approach to the cases he handles (as versus playing politics). For the past month (since I said the magic words, whatever they were) I have received weekly phone calls from him updating me on the progress of my appeal. This is in stark contrast to the prior 4 1/2 years in which I fought tooth and nail for any type of information. Obviously, he realizes how little assistance LBPs get from the OCI in that he is completely bypassing protocols. If he is reading this post, THANK YOU!! :yeahthat

Is there any sort of dialogue between you and your wife regarding a possible arrangement?  I know you mentioned Larivee and possibly working something out, or are you waiting for the appeal result? 
Title: Re: Appeal Filed
Post by: SageDad on February 25, 2011, 07:49:34 PM
I received a phone call from the BCA today to inform me that my case will be analyzed on March 14. I'm guessing this means that I will have a ruling then. The BCA has a newer case manager who takes a personal approach to the cases he handles (as versus playing politics). For the past month (since I said the magic words, whatever they were) I have received weekly phone calls from him updating me on the progress of my appeal. This is in stark contrast to the prior 4 1/2 years in which I fought tooth and nail for any type of information. Obviously, he realizes how little assistance LBPs get from the OCI in that he is completely bypassing protocols. If he is reading this post, THANK YOU!! :yeahthat

That's another great development.  I'm hopeful that the court will do the right thing.  The decisions I've seen from Brazil's high courts in these cases have been good... when they finally get around to making them. 

I think the Mexican Central Authority is also unhappy with the total lack of assistance parents get from the OCI.  Not that Mexico doesn't deserve to be marked as non-compliant but, OCI sets parents up to fail by providing incomplete or inaccurate information and little or no support then says Mexico is the problem.
Title: Re: Appeal Filed
Post by: tweinstein on February 25, 2011, 08:22:27 PM
Is there any sort of dialogue between you and your wife regarding a possible arrangement?  I know you mentioned Larivee and possibly working something out, or are you waiting for the appeal result? 
I'm trying both. The dialog with my wife is at a standstill however.
Title: Re: Appeal Filed
Post by: UD_student on February 25, 2011, 10:21:39 PM
It is great that you are currently able to get information as you always should have been for the last 4.5 years! Do you know if this BCA case manager works with all cases from the US that the other parents with kids in Brazil should also start finding out more information than they used to? I'd like to think it would shame OCI into doing their job as their Brazilian counterpart, so to speak, is doing OCI's job better, but I think that is very overly optimistic thinking.
Title: Re: Appeal Filed
Post by: tweinstein on February 26, 2011, 07:37:04 AM
I don't know if he handles all of the other cases. One thing he told me on the phone is that he is sure that if the BCA had not insisted on a meeting with the judge, my paperwork would be sitting on his desk for another year, as it had for the past.
Title: Re: Appeal Filed
Post by: UD_student on February 26, 2011, 10:32:24 AM
Well, I'm quite glad that he is actually working on getting cases moving through the courts system in a more timely manner (not that I think your case is rapidly moving, but he certainly has sped things up from your description). It's maddening how things just sit if not prodded along by someone from BCA. It sounds as if there the squeaky wheel gets the grease and he certainly seems to know how to squeak well, so to speak.
Title: Re: Appeal Filed
Post by: tweinstein on February 26, 2011, 07:19:23 PM
I received this as part of an email from my "new" case manager at the BCA. Not only is it wonderful to hear, but he sent it on a Saturday!

"You don't have to thank me, because it's my responsibility and pleasure to help."
Title: Re: Appeal Filed
Post by: dmdaven2 on March 01, 2011, 09:32:59 PM
Does this mean Daisy is no longer the case worker? I've been trying to get an update on the decisions made in my case lately for 3weeks and haven't heard a thing from her...

Title: Re: Appeal Filed
Post by: tweinstein on March 02, 2011, 06:06:31 AM
Does this mean Daisy is no longer the case worker? I've been trying to get an update on the decisions made in my case lately for 3weeks and haven't heard a thing from her...
She is still the case manager at the OCI. The last I heard, she was pulled from the job to assist in the crises in Northern Africa. About a month ago, I wrote an email in desperation to the BCA. School was starting and my children were not registered yet. The case manager there responded by telling me that I had said the magic words(whatever they were) and he was now going to treat my case differently (as he does all new incoming cases to him). He obviously recognizes the problems in the system and is willing to go outside protocols in an effort to assist LBPs.

For many years, I followed my case track through the electronic dockets as I had learned not to expect updates from the OCI.
Title: Re: Appeal Filed
Post by: dmdaven2 on March 02, 2011, 06:15:48 PM
Does this mean Daisy is no longer the case worker? I've been trying to get an update on the decisions made in my case lately for 3weeks and haven't heard a thing from her...
She is still the case manager at the OCI. The last I heard, she was pulled from the job to assist in the crises in Northern Africa. About a month ago, I wrote an email in desperation to the BCA. School was starting and my children were not registered yet. The case manager there responded by telling me that I had said the magic words(whatever they were) and he was now going to treat my case differently (as he does all new incoming cases to him). He obviously recognizes the problems in the system and is willing to go outside protocols in an effort to assist LBPs.

For many years, I followed my case track through the electronic dockets as I had learned not to expect updates from the OCI.

Do you have the contact email for anyone at the BCA so that I can inquire about my issue of non communication??
Title: Re: Appeal Filed
Post by: NoansDad on March 02, 2011, 07:13:52 PM
Mate I will be speaking with Francisco from the BCA tomorrow on a conference call and will try and subtlely bring up the issues that you have faced with delays and how that impacts us all as LBP.

I think if I mention that we all talk then they might get more of feeling we are banding together and so put more pressure on him to do a good job, although I think from what I have read here that Francisco has been doing a better job than just about anyone and so with everyone's permission I will make that point to him that we are all very pleased with the efforts he has been making on our behalf up to this point since he came into the job.

Simon
Title: Re: Appeal Filed
Post by: tweinstein on March 02, 2011, 08:14:45 PM
Mate I will be speaking with Francisco from the BCA tomorrow on a conference call and will try and subtlely bring up the issues that you have faced with delays and how that impacts us all as LBP.

I think if I mention that we all talk then they might get more of feeling we are banding together and so put more pressure on him to do a good job, although I think from what I have read here that Francisco has been doing a better job than just about anyone and so with everyone's permission I will make that point to him that we are all very pleased with the efforts he has been making on our behalf up to this point since he came into the job.

Simon
Please mention to him exactly what you said in this post. So far, he is truly a gem among rocks.
Title: Re: Appeal Filed
Post by: NoansDad on March 02, 2011, 09:41:52 PM
Will do my best Tim.
Title: Re: Appeal Filed
Post by: tweinstein on March 15, 2011, 02:36:41 PM
I guess bad news comes in pairs. Not only did the appeals court continue to allow Brazil to defy the Hague Convention (they denied my appeal yesterday), George at the BCA took a new job. At this point, I have no details about the ruling other than the outcome nor about the approach that will be taken by George's replacement.
Title: Re: Appeal Filed
Post by: André Felipe on March 15, 2011, 05:38:04 PM
I guess bad news comes in pairs. Not only did the appeals court continue to allow Brazil to defy the Hague Convention (they denied my appeal yesterday), George at the BCA took a new job. At this point, I have no details about the ruling other than the outcome nor about the approach that will be taken by George's replacement.

Did they judged the appeal???

That'ss ********** I have no words to express my frustration about this...It makes me think if there's some conspiracy behind this replacement, unbelieveble...=(
Title: Re: Appeal Filed
Post by: tweinstein on March 15, 2011, 07:54:13 PM
The exact wording that I received in the email from the BCA was, "The panel voted for against our appeal and therefore the children must remain in Brazil." At this point, this is all that I know. Sadly, as I have lost all faith in the Brazilian legal system, the result was not unexpected.
Title: Re: Appeal Filed
Post by: liesl78 on March 15, 2011, 08:47:29 PM
Tim, I don't know what to say... I'm so very sorry! :(((
Title: Re: Appeal Filed
Post by: UD_student on March 15, 2011, 08:57:54 PM
Tim, from everyone's issues with Brazil, I cannot blame you for having lost all your faith in the Brazilian legal system. However, I doubt that makes it any easier to get the news you received today. I wish I had words that could fix things or bring comfort, but I know that I do not. We stand here with you and everyone else separated from their kids. We continue to hope, pray and do what we can so that something will change so that you and others can have the active role in your kid's lives that you so desperately want and comes from them living with you.
Title: Re: Appeal Filed
Post by: SageDad on March 21, 2011, 01:45:59 PM
One step forward, two steps back.

For what it's worth, I'm really sorry Tim.

Not that it really makes much difference but have they told what excuse they are using to justify your children's continued retention?

What is next in terms of the legal process?  I believe it's just the Brazilian Supreme Court but I've never quite understood the distinction between the STF and STJ.
Title: Re: Appeal Filed
Post by: Nicole's Dad on March 21, 2011, 04:23:46 PM
I guess bad news comes in pairs. Not only did the appeals court continue to allow Brazil to defy the Hague Convention (they denied my appeal yesterday), George at the BCA took a new job. At this point, I have no details about the ruling other than the outcome nor about the approach that will be taken by George's replacement.

This would suck big time. I have already sent a messge to Daisy and to my Congressman's office asking them to find out what happened and why. I actually talked with Poe's office about this and they were very concerned as well. I will let you all know if I find anything out. Tim I'm sorry to hear about the latest. I am here to help you as much as I can. Work out a deal Tim no matter what the cost is here in the US. Get your kids back and then start your life over with them. The rest will come on it's own.
Title: Re: Appeal Filed
Post by: Nicole's Dad on March 21, 2011, 04:41:51 PM
I guess bad news comes in pairs. Not only did the appeals court continue to allow Brazil to defy the Hague Convention (they denied my appeal yesterday), George at the BCA took a new job. At this point, I have no details about the ruling other than the outcome nor about the approach that will be taken by George's replacement.

This would suck big time. I have already sent a messge to Daisy and to my Congressman's office asking them to find out what happened and why. I actually talked with Poe's office about this and they were very concerned as well. I will let you all know if I find anything out. Tim I'm sorry to hear about the latest. I am here to help you as much as I can. Work out a deal Tim no matter what the cost is here in the US. Get your kids back and then start your life over with them. The rest will come on it's own.

E-mail I just received from Daisy. We will see if I am good hands.

Good Afternoon Mr. Pate,

Yes, George is no longer at the BCA.  His last day was Friday, March 18, 2011.  He has accepted a new position with the Brazilian Government.  His replacement is Mrs. Julia Saadi.  I have spoken to her and she is very knowledgeable in the area of international parental child abduction.  Please rest assure that you are in good hands. 

Title: Re: Appeal Filed
Post by: tweinstein on March 21, 2011, 08:08:07 PM
I hope she is good, though I doubt that it is possible to equal the level of concern and service that George provided. I believe that had my son not told me of the ruling, I would still be waiting to know.
Title: Re: Appeal Filed
Post by: Nicole's Dad on March 21, 2011, 09:23:00 PM
I hope she is good, though I doubt that it is possible to equal the level of concern and service that George provided. I believe that had my son not told me of the ruling, I would still be waiting to know.

I beg to differ with you on that one. If he had that much concern, he would still be in that position. Please tell me you are not that gullable that you fall for that trap. These people could give a rat's a!@#s what happens with you or your children. I say that because at the end of the day, it is just a job for them. I know they certainly don't care about mine either. So I'm working the same angle they are. I don't care about their personal lives the same way they don't care about mine. Give me what I want and more importantly, what me and my daughter DESERVE, and we can all ride away into the sunset.
Title: Re: Appeal Filed
Post by: André Felipe on March 21, 2011, 11:16:54 PM
What is next in terms of the legal process?  I believe it's just the Brazilian Supreme Court but I've never quite understood the distinction between the STF and STJ.

STJ - the last instance about appliance and interpretation of federal laws.
STF - the last instance about appliance and interpretation of the Constitution (and constitutional matters).

In theory, it's possible to appeal to both Courts.
Title: Re: Appeal Filed
Post by: lovellboys on March 22, 2011, 12:21:07 PM
I believe that had my son not told me of the ruling, I would still be waiting to know.

You learned this from your son?  Are are your kids holding up and what are they being told? 
Title: Re: Appeal Filed
Post by: LukieD on March 22, 2011, 12:30:47 PM
E-mail I just received from Daisy. We will see if I am good hands.

Good Afternoon Mr. Pate,

Yes, George is no longer at the BCA.  His last day was Friday, March 18, 2011.  He has accepted a new position with the Brazilian Government.  His replacement is Mrs. Julia Saadi.  I have spoken to her and she is very knowledgeable in the area of international parental child abduction.  Please rest assure that you are in good hands.  

Oh, how comforting that sounds! As if she has done any due diligence on this woman to be in a position to make that statement!
Title: Re: Appeal Filed
Post by: Bree on March 22, 2011, 03:35:57 PM
I believe that had my son not told me of the ruling, I would still be waiting to know.

You learned this from your son?  Are are your kids holding up and what are they being told? 

I was surprised to see that his son told him of this.  I'm sure he wishes he could "go home".  I do hope that Tim's wife will come to her senses and do what's right for their children and not be selfish and only take herself into consideration.  That may be asking a lot though.   :rolleyes:

Sorry Tim to hear of your latest set-back.  Ridiculous!
Title: Re: Appeal Filed
Post by: Nicole's Dad on March 22, 2011, 04:31:05 PM
E-mail I just received from Daisy. We will see if I am good hands.

Good Afternoon Mr. Pate,

Yes, George is no longer at the BCA.  His last day was Friday, March 18, 2011.  He has accepted a new position with the Brazilian Government.  His replacement is Mrs. Julia Saadi.  I have spoken to her and she is very knowledgeable in the area of international parental child abduction.  Please rest assure that you are in good hands.  

Oh, how comforting that sounds! As if she has done any due diligence on this woman to be in a position to make that statement!

By no means am I defending her Mark but we do not know what she has done as far as due diligence. Surely she must have done something or knows something to make that statement. See the e-mail I got from her today. Apparently Francisco George will be attending the meeting with the residing judge on my case next Monday. I believe with all my heart that we are close to a resolution but I am also cautiously optimistic.

Good Afternoon Mr. Pate,

The BCA has informed me that on March 28, 2011, Francisco George and Julia Saadi along with the U.S. Consular agent in Manaus will be meeting with the sitting judge on your case.  I am gratified to hear that George will be part of this meeting.  As soon as I get a formal readout of the outcome I will let you know.

Best Regards,


Daisy Cardiel
Abductions Case Officer
Office of Children's Issues
U.S. Department of State

Title: Re: Appeal Filed
Post by: tweinstein on March 30, 2011, 02:43:15 PM
E-mail I just received from Daisy. We will see if I am good hands.

Good Afternoon Mr. Pate,

Yes, George is no longer at the BCA.  His last day was Friday, March 18, 2011.  He has accepted a new position with the Brazilian Government.  His replacement is Mrs. Julia Saadi.  I have spoken to her and she is very knowledgeable in the area of international parental child abduction.  Please rest assure that you are in good hands.  

Oh, how comforting that sounds! As if she has done any due diligence on this woman to be in a position to make that statement!
At this point, it does NOT seem like we are in good hands. This was the reply, in its entirety, that I got to the first email that I sent her:

Mr. Weinstein,

For any information on your Case, contact the U.S. Central Authority, Mrs. Daisy Cardiel.

Att.

 

Julia Sáddi

Title: Re: Appeal Filed
Post by: sue on March 30, 2011, 05:25:09 PM
What the hell do these people do?  This is there job and they are completely worthless, pushing you left behind parents aside as if this is nothing.  I can't believe this. 
Title: Re: Appeal Filed
Post by: NoansDad on March 30, 2011, 06:52:00 PM
My attorney called her yesterday in Brasil and apparently she leaves the office at 3pm. I am waiting to see what happened when she called her today for an update but there was no email when I got home so that means she did not speak to her today.

This is how Brazil has decided to F### with the Hague now, put an incompetent person in at the BCA.
Title: Re: Appeal Filed
Post by: lovellboys on March 31, 2011, 10:51:45 AM
My attorney called her yesterday in Brasil and apparently she leaves the office at 3pm. I am waiting to see what happened when she called her today for an update but there was no email when I got home so that means she did not speak to her today.

This is how Brazil has decided to F### with the Hague now, put an incompetent person in at the BCA.

One step forward and two steps back.  I'm sorry guys.   
Title: Re: Appeal Filed
Post by: SageDad on March 31, 2011, 03:59:23 PM
...
This is how Brazil has decided to F### with the Hague now, put an incompetent person in at the BCA.

Lucky for us the US Dept. of State only allows the best and brightest to work in the Office of Children's Issues....  :rolleyes:

http://bringseanhome.org/forums/index.php/topic,2995.msg68651.html#msg68651 (http://bringseanhome.org/forums/index.php/topic,2995.msg68651.html#msg68651)

Ironically they violate the "Privacy Act" which is the very same law they use to conceal information about the whereabouts or personal information of child abductors from LBP's trying to find their children or litigate a Hague case.

...Only in America ;)
Title: Re: Appeal Filed
Post by: tweinstein on April 01, 2011, 01:51:41 PM
It appears that the behavior of the BCA has become as disgraceful as the OCI. Please read the following communication which I received today from Ms. Saddi, the new case manager at the BCA. Note that I have heard nothing from the OCI indicating that there was even a decision made in my case, let alone this decision by the BCA, which I understand to be against Brazilian law. My understanding is that when the AGU is the plaintiff, they must file an appeal.
---------------

Dear Mr. Weinstein,

As I have previously informed you, from now on, your communication should be to and from the U.S. BCA, Mrs. Daisy Cardiel. But, as our last direct communication, I would like you to be aware of how we are working, as you can see on the e-mail bellow.

Best Regards,

---------------
Dear Daisy,

As we have informed you previously, March 28th e-mail, we would like to reinforce the U.S BCA that the panel voted against our appeal; therefore, the children should remain in Brazil.

As so, we would like to strongly suggest you to get in contact with Mr. Weinstein, and inform him that he has the right to appeal to this decision, on private basis, by contracting a private attorney of his choice,  as soon as possible.

Kind Regards,
Title: Re: Appeal Filed
Post by: kmoor88 on April 01, 2011, 03:41:44 PM
So sorry Tim that you are still fighting for your children. It is so unfair to everyone especially your children who have such a GREAT DAD!
Title: Re: Appeal Filed
Post by: cm on April 01, 2011, 04:02:29 PM
Wow...it was so nice of her to take the time to 'inform' you as to how they're working.

I'm really sorry to hear this.

Title: UPDATE: Appeal Filed
Post by: tweinstein on April 01, 2011, 05:02:15 PM
After much effort, I was able to verify through the AGU that the email sent by the BCA was, in fact, incorrect. I was told that the ruling had NOT been published yet, even though it was made nearly 3 weeks ago. I was also told that the judge was on a 10-day leave of absence and that it would be at least that long before the AGU would even know why the panel made its ruling.

Therefore, the email from the BCA indicating that the Brazilian government would not file an appeal was premature and that such a statement could only be made AFTER analyzing the ruling, which has yet to even be published.

I guess the question now is why the OCI did not forward whatever the BCA had told them to tell me on March 28, 2011. Sadly, this is not the first time that the OCI has failed to forward information from the BCA.
Title: Re: Appeal Filed
Post by: André Felipe on April 01, 2011, 05:58:10 PM
I am not aware of anything written that says AGU must only appeal to the second instance, and not to STJ/STF.

I believe that if AGU aided David Goldman at STJ and STF, they should do the same to all others LBP. A matter of Equal treatment.
Title: Re: Appeal Filed
Post by: tweinstein on May 25, 2011, 07:22:10 PM
According to an email I just received from the OCI, the courts have STILL NOT PUBLISHED the ruling from the beginning of March. Until they do, the AGU cannot determine whether an appeal is feasible or not. I am aware that they petitioned the courts over a month ago to issue the ruling. I have not been told the reason for the delay, though all indications are that it is not normal and something is fishy.
Title: Re: Appeal Filed
Post by: tweinstein on June 20, 2011, 07:45:05 PM
Apparently, the ruling was published last week. I learned this from my sister-in-law in Brazil though have not seen a copy of it. I inquired with the BCA about the appeal that I presume to be coming and will update here if I get a response.
Title: Re: Appeal Filed
Post by: dmdaven2 on June 22, 2011, 08:43:44 PM
BRAZIL...BRAZIL...BRAZIL ...no sense of urgency with our children...
Title: Re: Appeal Filed
Post by: rduffiel on June 23, 2011, 07:02:57 AM
BRAZIL...BRAZIL...BRAZIL...no sense of urgency with our children...


It would be urgent only if Brazilan children was involved.   Then they would expect a speedy ruling from the country where the child was now residing.
Title: Re: Appeal Filed
Post by: StrngConviction on June 23, 2011, 07:31:52 AM
All I can do is pray for a resolve thia next time and that you can.hold your head high and not fall into a form of insanity because of all this BS .God do i feel your pain .....
Title: Re: Appeal Filed
Post by: tweinstein on July 25, 2011, 09:51:41 AM
It's official. My case is over and my children will stay in Brazil. I'm trying to interpret the ruling, but so far, I see that they essentially confirmed the lies that my wife's attorney presented to court. For example, he claimed that I:

1. Planned on moving to Brazil
2. Threatened criminal action in the United States
3. Waited more than a year to file my claim
4. Blah, blah, blah
Title: Re: Appeal Filed
Post by: SageDad on July 25, 2011, 10:36:50 AM
It's official. My case is over and my children will stay in Brazil. I'm trying to interpret the ruling, but so far, I see that they essentially confirmed the lies that my wife's attorney presented to court. For example, he claimed that I:

1. Planned on moving to Brazil
2. Threatened criminal action in the United States
3. Waited more than a year to file my claim
4. Blah, blah, blah

Very sorry Tim :(

At least now you have an answer though and I expect that is worth quite a bit by itself, regardless of the fact that it is a negative one.  It's been my experience that not knowing when you will have an answer or what it will be is a serious source of stress in and of itself.  It's impossible to plan your life when such an important question is left unresolved.

Normally such blatantly wrong interpretations of the facts of the case are resolved over the course of appeals.  It's one thing when a lower court gets the basic facts wrong or takes the unilateral manifestations of one of the parties as if it were, in and of itself, some sort of evidence (as bad as that is) but such mistakes should be resolved during the appeals process.

Does this result change your opinion of the representation provided by the AGU?  Admittedly, absent some serious incompetence in the Brazilian high courts, it seems to me that the least the AGU could have done was gotten the courts to get the basic facts right (like whether or not you waited a year to file a claim,) if not the interpretation of the law.
Title: Re: Appeal Filed
Post by: tweinstein on July 25, 2011, 11:50:11 AM
Very sorry Tim :(

At least now you have an answer though and I expect that is worth quite a bit by itself, regardless of the fact that it is a negative one.  It's been my experience that not knowing when you will have an answer or what it will be is a serious source of stress in and of itself.  It's impossible to plan your life when such an important question is left unresolved.

Normally such blatantly wrong interpretations of the facts of the case are resolved over the course of appeals.  It's one thing when a lower court gets the basic facts wrong or takes the unilateral manifestations of one of the parties as if it were, in and of itself, some sort of evidence (as bad as that is) but such mistakes should be resolved during the appeals process.

Does this result change your opinion of the representation provided by the AGU?  Admittedly, absent some serious incompetence in the Brazilian high courts, it seems to me that the least the AGU could have done was gotten the courts to get the basic facts right (like whether or not you waited a year to file a claim,) if not the interpretation of the law.
I think the problem is that the AGU represents the Brazilian government and not the left-behind parent. Consequently, the communication between them and me was terrible. On many occasions, I presented documents to the OCI and BCA, but have no evidence that they ever found their way to the AGU. The appeal that was filed attempted to address many of the "facts" from the first level, but it seems that the judges rejected the AGU's argument. For example, the appeal court confirmed that simply visiting a school once was "strong evidence" of my intentions to move to Brazil. On another example, they completely ignored that I had filed my petition in October, 2006 and stated the illegal retention occurred in August, 2006 (when they did not return) by stating that more than one year had elapsed because my children first entered Brazil in June, 2006 (with my permission) and the AGU didn't file the case until July, 2007. There were other "facts" that the AGU did not address in the appeal, but there were so many reasons for denying the return, even had I successfully attacked 2 or 3, the judges would have found other reasons not to return my children.
Title: Re: Appeal Filed
Post by: Diane on July 25, 2011, 11:53:43 AM
I am so sorry about this biased and horribly unfair decision.   I hope that Congressman Smith and his committee use this as further evidence for holding accountable, the OCI and their gross incompetence.

Title: Re: Appeal Filed
Post by: SageDad on July 25, 2011, 12:33:46 PM
Let it be known that visiting a school in Brazil means your children can be abducted there.

It can't mean you are a teacher interested in education itself.

It can't even mean you are considering moving there at some point in the future, or plan to live there temporarily, neither of which create the "shared intent" of a permanent change in the family's residence that is the standard used by every other country that considers such things when looking at the place of habitual residence.

No, it in fact means that you intend to permanently change your place of residence to Brazil...

If that sort of reasoning passes for what LBP's can expect from Brazil's high courts they are even worse off than I previously though.  The fact that it took years for them to come to such illogical conclusions only makes it that much worse.
Title: Re: Appeal Filed
Post by: AnotherDad on July 25, 2011, 01:31:59 PM
This may seem like a stupid question, but David was able to get huge press coverage of every twist in his case. Once Sean was home the remaining LBPs became essentially invisible. SO, is it possible that with some sort of effort, we could get some significant press coverage about the facts of the blatant uncaring ignorance, laziness and incompetence of those at the OCI to begin the process of getting accountability from our own govt.? Press about the Brazilian behavior is just as important to tell, but I know that too many facts about more than one issue is more than people can absorb at once, so I guess just starting with the OCI seems like a worthwhile step. I don't know that NBC producer who was with David through his case, Benita Noel-Alexander or something like that, but fighting uphill like this for all of you is just too much without publicity, Who can we sell this to? Thoughts?
Title: Re: Appeal Filed
Post by: tweinstein on July 25, 2011, 01:43:01 PM
This may seem like a stupid question, but David was able to get huge press coverage of every twist in his case. Once Sean was home the remaining LBPs became essentially invisible. SO, is it possible that with some sort of effort, we could get some significant press coverage about the facts of the blatant uncaring ignorance, laziness and incompetence of those at the OCI to begin the process of getting accountability from our own govt.? Press about the Brazilian behavior is just as important to tell, but I know that too many facts about more than one issue is more than people can absorb at once, so I guess just starting with the OCI seems like a worthwhile step. I don't know that NBC producer who was with David through his case, Benita Noel-Alexander or something like that, but fighting uphill like this for all of you is just too much without publicity, Who can we sell this to? Thoughts?
I think that the media is only interested in a story if it will earn them money. David's case got so much attention because Bruna died. Mr. McCarty's case gets attention because the child was taken from the Italian mother and put into an orphanage. I don't think there is much interest in the other cases, like mine, where the children live with a parent who is still alive and presumably competent.
Title: Re: Appeal Filed
Post by: liesl78 on July 25, 2011, 04:07:18 PM
I'm sorry Tim. This is heartbreaking. I have no words...  :mad:
Title: Re: Appeal Filed
Post by: Nicole's Dad on July 25, 2011, 04:12:23 PM
Very sorry Tim :(

At least now you have an answer though and I expect that is worth quite a bit by itself, regardless of the fact that it is a negative one.  It's been my experience that not knowing when you will have an answer or what it will be is a serious source of stress in and of itself.  It's impossible to plan your life when such an important question is left unresolved.

Normally such blatantly wrong interpretations of the facts of the case are resolved over the course of appeals.  It's one thing when a lower court gets the basic facts wrong or takes the unilateral manifestations of one of the parties as if it were, in and of itself, some sort of evidence (as bad as that is) but such mistakes should be resolved during the appeals process.

Does this result change your opinion of the representation provided by the AGU?  Admittedly, absent some serious incompetence in the Brazilian high courts, it seems to me that the least the AGU could have done was gotten the courts to get the basic facts right (like whether or not you waited a year to file a claim,) if not the interpretation of the law.
I think the problem is that the AGU represents the Brazilian government and not the left-behind parent. Consequently, the communication between them and me was terrible. On many occasions, I presented documents to the OCI and BCA, but have no evidence that they ever found their way to the AGU. The appeal that was filed attempted to address many of the "facts" from the first level, but it seems that the judges rejected the AGU's argument. For example, the appeal court confirmed that simply visiting a school once was "strong evidence" of my intentions to move to Brazil. On another example, they completely ignored that I had filed my petition in October, 2006 and stated the illegal retention occurred in August, 2006 (when they did not return) by stating that more than one year had elapsed because my children first entered Brazil in June, 2006 (with my permission) and the AGU didn't file the case until July, 2007. There were other "facts" that the AGU did not address in the appeal, but there were so many reasons for denying the return, even had I successfully attacked 2 or 3, the judges would have found other reasons not to return my children.
You are correct in saying the AGU does not represent you. They represent the Federal Government of Brazil. You are not part of the lawsuit. It is Brazil against the TP. They do not and will not represent you in federal court. You will need your own lawyer that.
Title: Re: Appeal Filed
Post by: phillyone on July 25, 2011, 08:35:39 PM
Tim, I am so sorry!!!! I just don't know what to say!

 Do you think HR1940 would have resulted in a different outcome for you if it was passed?
Title: Re: Appeal Filed
Post by: tweinstein on July 25, 2011, 10:21:54 PM
Tim, I am so sorry!!!! I just don't know what to say!

Do you think HR1940 would have resulted in a different outcome for you if it was passed?
I don't think that HR1940 would have influence if there is only one case like mine. However, given that I am one of many in Brazil, I would hope that legislators here would move to enact some form of sanctions as proposed in HR1940. Only AFTER this was done, may it have helped. The problem is that in Brazil, once the "facts" are set by the first judge, the left-behind parent has the deck stacked against them. Given the inaccuracy of the majority of  "facts" that the first judge accepted as evidence, the ruling at the second level was not surprising. What is surprising is that the judge accepted as "fact", without questioning the validity, all of the crap that was thrown at him.

When I filed my case, five years ago, left-behind parents were operating in the dark. Only through this website have we been able to help each other navigate the process. And with this, future applicants will have better results. Unfortunately, I was one of the earlier Hague cases in Brazil.
Title: Re: Appeal Filed
Post by: ANALE on July 25, 2011, 11:06:30 PM
I feel so bad about this.  First Michael McCarty and now you.  What an injustice to both of you!!!  I'd like to wring the neck of these judges!!!!
Title: Re: Appeal Filed
Post by: tweinstein on July 25, 2011, 11:21:44 PM
I just got a better translation of the ruling from Andre Felipe. After so many years of this crap, why do I still get upset about the injustice carried out by the Brazilian "justice" system. When I told my family members and friends today about the "news", they universally replied, "Isn't that what you expected?"
Title: Re: Appeal Filed
Post by: Bree on July 26, 2011, 03:48:40 AM
I'm sorry to read the outcome of your case, Tim.  It's just not fair.  And, not only are you being punished, your children are as well. 

Now that the final decision has been made, do you think your wife will feel less threatened (not to say she ever did) and allow you a chance to have a more normal relationship with your children?  By 'more normal', I mean visitation that doesn't require you to travel to Brazil.  I'm sure your family in PA would love to see your children again.  Would she consider allowing your children to visit you in the US (like Marty's agreement for Nicole to visit him in Texas)? 

I do hope that your wife will soon come to do what is right for your children.  She needs to not be selfish and remember that she has to do right by them...this is no longer about her, nor should it have ever been.
Title: Re: Appeal Filed
Post by: tweinstein on July 26, 2011, 06:37:58 AM
I'm sorry to read the outcome of your case, Tim.  It's just not fair.  And, not only are you being punished, your children are as well.
You are absolutely correct.  
Quote
Now that the final decision has been made, do you think your wife will feel less threatened (not to say she ever did) and allow you a chance to have a more normal relationship with your children?  By 'more normal', I mean visitation that doesn't require you to travel to Brazil.  I'm sure your family in PA would love to see your children again.  Would she consider allowing your children to visit you in the US (like Marty's agreement for Nicole to visit him in Texas)?
Yes, but I don't know what the conditions are and suspect that her attorney will make many demands. Interestingly, I met and spoke to him many times. He knows that nearly everything he convinced he judge of is a lie, but didn't care. To him, it was all about winning. That is why I have a low opinion of the legal profession. It seems to be more about winning than being honest.
Quote
I do hope that your wife will soon come to do what is right for your children.  She needs to not be selfish and remember that she has to do right by them...this is no longer about her, nor should it have ever been.
Absolutely true again.
Title: Re: Appeal Filed
Post by: rduffiel on July 26, 2011, 07:04:08 AM
I am so sorry about this biased and horribly unfair decision.   I hope that Congressman Smith and his committee use this as further evidence for holding accountable, the OCI and their gross incompetence.


:yeahthat
Title: Re: Appeal Filed
Post by: NoansDad on July 26, 2011, 07:21:01 AM
Tim, I am very sorry mate to hear that the injustice of how you started out with your Hague case was never corrected because small minded people can't ever admit that they, or their countrymen, could ever be wrong.

You were the first person I spoke to when I got on here and the advice and direction you gave me has been invaluable. I would never have been able to manage anything without the work of all the LBP who had to suffer before me and so it makes me very upset that you have also now had to suffer the ultimate loss of your rights that you started fighting for years ago on your own.

Title: Re: Appeal Filed
Post by: lovellboys on July 26, 2011, 09:17:47 AM
I'm sorry to read the outcome of your case, Tim.  It's just not fair.  And, not only are you being punished, your children are as well. 

Now that the final decision has been made, do you think your wife will feel less threatened (not to say she ever did) and allow you a chance to have a more normal relationship with your children?  By 'more normal', I mean visitation that doesn't require you to travel to Brazil.  I'm sure your family in PA would love to see your children again.  Would she consider allowing your children to visit you in the US (like Marty's agreement for Nicole to visit him in Texas)? 

I do hope that your wife will soon come to do what is right for your children.  She needs to not be selfish and remember that she has to do right by them...this is no longer about her, nor should it have ever been.

 :yeahthat

Did the final judgment state anything about visitation rights?  I did not read the entire thread, so forgive me if I missed it.  But I am wondering if these results means your wife was given sole aurthority over your children, or if there is room for you to arrange visits and continued contacted.

I guess what I am really wondering is if the LBP is expected to fall off the face of the earth after final judgments like this, or if the court, even though they make a mockery of the system, leaves room for continued co-parenting even if the children can't leave the country.
Title: Re: Appeal Filed
Post by: dmdaven2 on July 26, 2011, 11:10:01 AM
 :eek: smh...at least when your children finally decide to come see you on their own in the US...you can honestly say you did everything you could to try and have them back...
Title: Re: Appeal Filed
Post by: tweinstein on July 26, 2011, 11:17:20 AM
Did the final judgment state anything about visitation rights?  I did not read the entire thread, so forgive me if I missed it.  But I am wondering if these results means your wife was given sole aurthority over your children, or if there is room for you to arrange visits and continued contacted.

I guess what I am really wondering is if the LBP is expected to fall off the face of the earth after final judgments like this, or if the court, even though they make a mockery of the system, leaves room for continued co-parenting even if the children can't leave the country.
As Marty Pate did, I can start all over again with a petition for access. The bar is set much lower for this and, given the recent law about Parental Alienation Syndrome, the Brazilian courts seem to be enforcing this (though the children remain in Brazil). Absent that, I think that I am expected to simply fall off the face of the Earth.
Title: Re: Appeal Filed
Post by: tweinstein on July 26, 2011, 11:31:38 AM
:eek: smh...at least when your children finally decide to come see you on their own in the US...you can honestly say you did everything you could to try and have them back...
That's always been my guiding mantra.

I learned one thing from you (or was it the other way around). My case fell apart because the "facts" entered and accepted at the first level were so biased, it was impossible to appeal to a higher court where the rules say that you can't argue the facts, only the interpretation of the law as the relate to the facts. When you filed your petition, I remember you said that you submitted a TON of proof upfront. As you learned through my and other's experiences, once the case starts, your ability to enter or correct evidence is greatly diminished.

For example, the courts ruled that as I had threatened my wife with criminal proceedings and even started an action against her in the United States, they would not return my children because she would not have access to them from prison. What was the evidence they had? I sent her one email that stated, "IF I were to press criminal charges. . ." I then went on in the email to state that I had no intentions as that would be harmful to the children. I tried to explain this to the judge that I had no intention of ever filing charges, but since he did not speak English, he accepted the TP's attorney's out-of-context translation. Anybody who reads this forum knows that I strongly advocate against filing criminal charges, but the official records state that I, "in fact", pressed charges. It's obvious that the Brazilian courts had no interest in verifying the truthfulness of any of this information. A simple phone call or email would have confirmed that there were no charges pending. In truth, I never even spoke to the district attorney.

The following article I wrote two years ago discusses this fact.
http://bringseanhome.org/?page_id=72 (http://bringseanhome.org/?page_id=72)
Title: Re: Appeal Filed
Post by: dmdaven2 on July 26, 2011, 01:04:44 PM
Yea man, the submission of evidence to the US Dept of State, then to the BCA, then to the AGU...honestly that shit doesn't even make it...Before my trial in April 2010...I had submitted LONG ago my child support check printouts, monthly pay check stubs, photos of every visitation, and various other proofs of evidence. WELL! I get down there in April for the hearing...meet with the AGU, who pulls my file...and asks me questions about visitation. I say...yea...don't you have all the proof in my case file? He gets the file, we look inside and I swear not ONE piece of extra evidence I sent to Daisy to have sent to the AGU was in there. LUCKILY I don't trust anyone when dealing with my case so I brought all the evidence myself (a secondary copy for just in case purposes). Anyways...that evidence won the case for me...without it I WOULD HAVE BEEEEEEN SCREEEEEEEEEWWWED. I swear I would have lost so bad against the "he said she said" that the mothers side tried to use.

So either...the AGU decides what it is they THINK may be useful in these cases...and include only that...ORR the US Dept of State isn't even sending anything extra over there to begin with!  :mad:

Title: Re: Appeal Filed
Post by: SageDad on July 26, 2011, 01:09:33 PM
I think you are mistakenly conflating "facts" with arguments and evidence.

A judge determines the facts by interpreting the evidence that's submitted.  Submitting additional evidence is normally not allowed during appeals and new legal arguments or defenses are usually not allowed either (after all the idea is that the original judge got the case wrong based on the legal arguments and evidence that were actually presented.)

If an appeals court cannot revisit the factual determinations made by the lower courts when they interpreted the submitted evidence than a large part of the whole point of appeals is lost and the high courts are at the mercy of the lower courts to make up any "facts" they want based on whatever they feel like.  I don't know Brazilian law, but I doubt it could possibly be that way.

Additionally, exceptions are often made on appeals for "new evidence" if it can proven that the evidence literally did not exist at the time of original trial -- I don't know if this applies in Brazil, but it's not uncommon.  In which case what the AGU should have done was gotten the US to create a certified document with current date and time that stated your wife had no pending charges against her (and never did.)  Other exceptions can be made in these cases based on the principle of the "best interests of the child."  It is manifestly not in the best interest of the child to not use compelling evidence that would not cause delays because of some procedural rule.

I'd be interested to hear what Andrei thinks of the job the AGU did in handling your case.  He knows the case and Brazilian law well and has spoken well of the AGU in the past.
Title: Re: Appeal Filed
Post by: tweinstein on July 26, 2011, 04:43:22 PM
 Other exceptions can be made in these cases based on the principle of the "best interests of the child."
Interestingly, the appeals court ruled on the AGU's argument regarding the supralegality of the Hague Convention. They agreed that, as an international treaty, it was above normal laws, but they also said that the United Nations Rights of the Child Treaty was in the same category and as such, it was not in the "best interests" of the children to return them.
Title: Re: Appeal Filed
Post by: StrngConviction on July 26, 2011, 11:06:25 PM
 Other exceptions can be made in these cases based on the principle of the "best interests of the child."
Interestingly, the appeals court ruled on the AGU's argument regarding the supralegality of the Hague Convention. They agreed that, as an international treaty, it was above normal laws, but they also said that the United Nations Rights of the Child Treaty was in the same category and as such, it was not in the "best interests" of the children to return them.
So if my legalaide Irish solicitor doesnt present my article 15 when their CA requested it , I cant appeal on that because it wasnt presented as evidence or considered a fact before the appeal  ?
 I am so P. O over this .
Title: Re: Appeal Filed
Post by: tweinstein on July 27, 2011, 07:35:26 AM
So if my legalaide Irish solicitor doesnt present my article 15 when their CA requested it , I cant appeal on that because it wasnt presented as evidence or considered a fact before the appeal  ?
 I am so P. O over this .
Not necessarily. The laws are different in each country. In the United States, it is possible to argue the accuracy of evidence in the higher appeals courts. It is also possible to request that the lower court review the evidence.
Title: Re: Appeal Filed
Post by: SageDad on July 27, 2011, 11:37:42 AM
So if my legalaide Irish solicitor doesnt present my article 15 when their CA requested it , I cant appeal on that because it wasnt presented as evidence or considered a fact before the appeal  ?
 I am so P. O over this .
Not necessarily. The laws are different in each country. In the United States, it is possible to argue the accuracy of evidence in the higher appeals courts. It is also possible to request that the lower court review the evidence.

Exclusions against adding additional evidence that is not truly "new" (such as the way when DNA evidence came out it freed many innocent men convicted of rape and/or murder) is a pretty common and reasonable requirement for courts to have.  To allow the re-submission of any/all evidence during appeals amounts to rehearing the whole trial every time.  If the Irish lawyer representing you doesn't submit this during your trial it probably will be inadmissible on appeal.  You should send it to the court yourself.  Find out the court, judge and docket/file number of your case and submit it directly -- bypass OCI, ICA and your useless solicitor.  Will help show the judge that your representation is not really yours too.
Title: Re: Appeal Filed
Post by: StrngConviction on July 27, 2011, 05:50:51 PM
Thanks to both
Title: Re: Appeal Filed
Post by: FC_Florida on July 28, 2011, 12:51:59 AM
I am really sorry Tim to hear about the final ruling. Just hoping you will be able to see your children without any interference from you ex-wife.
Title: Re: Appeal Filed
Post by: sue on July 28, 2011, 09:29:03 AM
I'm really sorry Tim.  I hope your children will be able to come home for visits and that the mother doesn't cause anymore trouble.