Article in the Brazilian Voice - 21/02/2009 10:40:00

[Isabel]

Yet another father trying to regain custody of his son taken by his mother to Brazil

by Leonardo Ferreira
21 February 2009
BRAZILIAN VOICE
www.brazilianvoice.com
Translation by Isabel

For the last 4 years ago, François Larivee has been trying to bring his son back to Montreal, Canada

Canadian François Larivee has been fighting a true legal battle for the return of his 5 year old son who was taken by his mother to Brazil.  In the meanwhile, having the law on his side is of little consolation to this 38 year old businessman. François won two hearings in Brazil and has followed the determinations of the Hague Convention with regards to the civil aspects of the international abduction of minors, but this battle for custody, which has been going on for nearly 4 years, seems far from being over.  This tragic story was brought to light by the Canadian daily, the "National Post".

“It's a nightmare”, stated Larivee, who works in finances in Montreal and who has only seen his son 3 times since his ex-partner abducted the child and took him to Rio de Janeiro. “Every day you wake up and think about this”, he stated. “Every time I call, it takes days for me to recover, it is so traumatic. It is sad because (my son) always asks: Daddy, why aren't you here with me?”

International custody disputes have been increasing in Canada. With more and more people traveling and working around the planet, there is an explosion of divorces that has already acquired an international scope, explained Jeremy Morley, who runs a New York law firm specializing in international family law.

“The world is becoming smaller and there is a mixture of different cultures and customs”, he stated.

But the increase in bi-cultural marriages also generates divorces that extend beyond the borders. Child support/alimony and property disputes are difficult, but Larivee found out the worst part of being separated from his wife who does not want to live in the same country as him is the tragic problem regarding the children’s custody.

In 2001, François began dating Ione, a Brazilian woman working as an architect in Montreal for 5 years. Two years later, when they found out she was pregnant, the couple bought a house and began living together. In the meanwhile, the relationship became “tense” after the birth of their son. In January 2004, she travelled and spent 12 weeks in Brazil, and when she returned to Montreal their relationship imploded. In August, Larivee moved out and agreed to visit his son three to four times a week.  Before they had a chance to negotiate the child's custody, his ex-partner, alleging she was going on a "short-trip" to the United States, ran off to Brazil with their son.

Larivee found out about this only when he returned to the house where his ex-partner lived and realized that his sons belongings were missing. He called the police but his attempts at getting his son back to Montreal, even to negotiate basic custody, were in vain. “At the time, I thought it would take a month or two to bring him back”, he said “I never wanted to make this public, but I don't think there is anything else I can do but go to the media”.

The number of international abductions of minors by a parent has increased considerably throughout the world.  The United States have the highest incident of cases of this nature, with 169 cases being filed in Court in 2003, according to the recent statistics of the Hague Convention regarding Abduction. These figures represent a 13% increase since 1999. The US also received 286 petitions to return minors to other countries, the equivalent of a 23% increase during the same period. On the other hand, Canada received 56 petitions for the return of minors to other countries and issued 43 petitions requesting the return of minors, the equivalent to a 3% increase in a 4-year period.

“The countries that are part of the Hague Convention accepted a set of laws that determine that a child removed from one jurisdiction to another should be returned and provides a certain safety to parents whose children were taken without their consent”, explained Edward McCann, a Calgary attorney.

“This is an exceptional case”, said attorney Caroline Harnois, with headquarters in Montreal. “Recently, we had two cases of international abductions of minors, one in Germany and another in the US. In the meanwhile, in the German case, the child was returned in 6 weeks and in the US case in 10 weeks. The difficulty with this Brazilian case is that we are buried in delays (…) There is always another appeal available to the mother”.

Even Harnois is impressed with the procrastination and bureaucracy that has been encountered.  Although Brazil is a signatory of the Hague Convention, “there is a duality in the judicial system there”, she said. The court battle was the first delay.

Larivee, Ione's ex-partner was able to obtain custody of the child in the Rio de Janeiro Court, alleging that the father had abandoned them, according to the National Post. Because of this, he will have to transfer the case from the Family Court so that it is assessed by the Federal Court.  In March 2007, almost 2.5 years after the petition, the Federal Courts determined that the child should be returned to Canada. The child could not leave the country until all the appeals had run out. In October 2007, the Federal Court of Appeals refused Ione's arguments and demanded that the child be returned to Canada.  Then, François travelled to Rio de Janeiro to pick up his son.  It should have been a simple operation, but when court officials went to pick up the child, Ione had fled with the child again.  Her lawyer who was, in the meanwhile, inside a car parked in front of the house informed officials that the door was open. According to Larivee, his ex-partner's father was in the house and told authorities: “François is a nice guy, but my daughter is a lioness and will fight until the end, you will never get that child”.

Two days later, Ione obtained a decision from the vice-president of the Federal Court of Appeals suspending the decision to remove the child to Canada. After receiving another reprimand, she is preparing two more appeals - one in the Federal Supreme Court in Brasilia and another in the Federal Supreme Court of Rio de Janeiro. According to the National Post, she is trying to suspend the previous decisions.

François is learning Portuguese to better communicate with his son, who did not learn English or French (both of which are Canada's official languages), despite the fact that his mother is fluent in both languages. Although he has barely seen the boy throughout the years, Larivee is hopeful of the affection that his son, apparently shows for him. François has been facing a tough battle.  Nevertheless, he balances his shoulders when asked if he would do anything differently. “I did everything I could, everything right", he said. “Maybe I wouldn't marry a Brazilian woman”.

Larivee's story is not the only one pending in Brazil. David Goldman, who lives in Tinton Falls, New Jersey, is also fighting for the return of his son, Sean Goldman, taken by his mother to Rio de Janeiro. Bruna Bianchi Carneiro Ribeiro, died as a result of complications after the birth of her second child and the stepfather (the famous attorney João Paulo Lins e Silva) is trying to attain Sean's custody.

http://www.brazilianvoice.com/bv_noticias/bv_comunidade/2629.html

[sue]

I can't believe this.  I can't imagine what you father's are going through.  The pain must be awful.

[Teena]

This is disgusting!!! Brazil to me just sounds like a terrible place. Very unjust! We need to get all those children home from Brazill before they are brainwashed!

[MaraVitta]

Dear friends,
First of all, I'm deeply sorry for my awful English (no time to practice).
 
It's been some time since I first read this site and all I can say is that I'm really ashamed of Brazilian Legal System.
 
I, for instance, work as a legal counselor on a company and my job is to AVOID the courts. It's not unusual when someone die (a natural death) waiting for an unappelable judgement. It's an absurd the quantity of appeals allowed by brazilian laws.
 
It is, in fact, a legacy from our military dictatorship regimen, when militars could do anything based on the laws they created, including capture and kill the 'enemies of the regimen', without a fair judgment... When this period was over, the new politicians, while writing the new Federal Constitution, tried to protect broadly the rights of the citizens, granting them the due process of law by means of numerous appeals, and presumption of innocence until the very end of the process. Although it was made with the best intentions, it provided endless ways of avoiding a condemnation.
 
We, brazilians, don't have a uniform opinion about the case. Though you can find those who support the brazilian family, you can find, on the other hand, loads of people who believe that Sean should be with his American father (there are people, also, who prefer not to pronounce their opinion without knowing exactly what happened - very wise people, I should say, once they don't buy everything is being said about the case).
 
Sorry againg for my mistakes, I'd just like to say that you have people here that respect international treaties, foreign cultures and recognize the right of a father of living with his son.

[AcesHigh]

This is disgusting!!! Brazil to me just sounds like a terrible place. Very unjust! We need to get all those children home from Brazill before they are brainwashed!

yeah, horrible

the justice delays because of interminable appeals are common in EVERY sphere of the judiciary, both for poor and rich people.

its NOT like if the brazilian judiciary is specially trying to prejudice american parents, you know.