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Goldman Forums => Main Forum (Goldman) => Topic started by: julieoliveira on August 17, 2014, 12:29:14 PM

Title: I need help!
Post by: julieoliveira on August 17, 2014, 12:29:14 PM
Hi! My name is Julie! I am an American living in Brazil (Bahia). I have three children 11, 9, and 8 who were born in Texas. They have dual citizenship. We are stuck in Brazil and I have been trying through the Brazilian court system for the last 2 years, to get us home.I was divorced in Brazil, 3 1/2 years ago. I was awarded full custody. My kids dad is remarried, and refuses to sign the international travel papers to allow us to leave, renew passports, etc.Because I do have full custody, under Brazilian law, I can ask a judge to give us permission to leave. So, I started this process over 2 years ago.For the first year and a half, the case was passed around from one judge's desk to another, to another. I live in the interior, and no one wanted to touch an international case. Eventually my lawyer sent it to the desembargadores (I don't know how we say that in English) appellate level, and they forced in on a judge in the family courts, not the kids judge (crianca e juventude). She tried to say that she was incompetent to judge the case, but they would not accept her request.I had a hearing last April. Basically, we (my attorney, the judge, the promotora) tried to reach an accord such as allowing the kids to come back to the US, study, etc...and then spend summers and vacations in Brazil. We said that I would pay for tickets for him and family to come to the US to visit at any time. (He has American citizenship because of or marriage). His answer is NO to everything. He went on to say that my kids would be psychologically damaged by tearing them away from there. So, the judge ordered psychological testing.I have spent the last 5 months trying to get accomplished. Because of the unbelievable bureaucracy, I still have not been able to do that. Every step I take has to be accompanied by a "prazo" for the other attorney to respond. He doesn't, then it has to be published in the Diario Oficial, then it has a prazo with the promotora, and on and on.Needless to say I am exhausted. I need help from somewhere else. I realize that the jurisdiction is in Brazil, but is there anything that I can do here? I think what makes it worse is that I am in the interior, where life is like it was here in US, 100 years ago. And, I am all alone with no support, family, and lawyers that see an american citizen who they think has big bucks.I am willing to take it to a State Representative, Washington DC, international press, or whatever it takes to get us back home.Can you please help me, or point me in the direction of what I can do?
Title: Re: I need help!
Post by: John W. on August 24, 2014, 09:28:49 PM
I am so sorry you are going through this.  I myself am going through a cross state custody battle in TX where my daughter resides as I try to gain custody of her.  I am fighting the state of TX who seems to think they can keep my daughter and adopt her to a couple there rather than allow me to raise her.  It sounds as if you and their father have very little communication with each other and he refuses to give in to your demands and you obviously refuse to give in to his since he has you stuck in his country and you want to take his children to yours.  So in this case you either leave your children behind or he does.  either you lose your children to his culture or he loses his children to yours.  I confess I know of no precedent that could help you, but I did want to let you know I feel for you and wish you the best.  In the end whether you are here or there with your children the most important part is that you are with your children and that is a good thing no matter what.  Use that to strengthen your resolve.  I think the key to your success lies in him.  either through counseling or just breaking him down over time...trying to get him on your side while difficult might be the best way to go.  break through his bitterness and come to an agreement that benefits both of you.  maybe 6 months here and 6 months there.  Not that that is feasible or the best option for you but something that can bring the legal stand still to an end.
Title: Re: I need help!
Post by: PINKIDEAS on May 14, 2015, 02:36:28 PM
read all the laws nd find yourself a good lawyer. My recommendation !
Title: Re: I need help!
Post by: Vaughn on December 30, 2015, 05:56:37 AM
I doubt it's a problem with here lawyer 'pinkideas' seems to be a problem with Brazillian judges.

Good luck.