Hague Return Confirmed

[SageDad]

This morning the 8th Federal District Court in the State of Guanajuato Mexico published the following update online:

"POR ESTE CONDUCTO Y EN TÉRMINO DEL ARTÍCULO 30 FRACCIÓN I DE LA LEY DE AMPARO, SE NOTIFICA LA SIGUIENTE RESOLUCION AL QUEJOSO Y AL TERCERO PERJUDICADO: ÚNICO.- LA JUSTICIA DE LA UNIÓN NO AMPARA Y NI PROTEGE AL QUEJOSO . . . ."

Translation:

"By this method and in accordance with Article 30 section I of the Law of Amparo notice is made of following decision to the compainant and injured third-party: Simply - The Justice of the Union does not harbor or protect the complainant...."

In other words, the appeals filed against the order that Sage be "immediately returned" to his home in the USA have been denied and the decision of the State Supreme Court has been upheld.   :biggrin

[tstravis]

Carlos, AWESOME NEWS!!! what is next??  are you going there... do you think she would try to run and hide Sage?

[sue]

Wonderful!!!  What's next?

[dhanika]

Carlos how many levels of appeals are there in the Mexican legal system?  Is this the highest court that can be appealed to?

[M.Capestro]

Wonderful news! Congratulations!

[ananddad]

Carlos, that is great news. Like everyone else, I want to know what is next.

How come you don't sound more celebratory about the ruling?

[KarlHindle]

Good!
 

[SageDad]

Wonderful!!!  What's next?

I am very happy to hear this news, but I'm not going to Mexico.  Even though it took eight months this decision is not final.  Had this decision gone differently, and it could have gone many different ways, it could have added huge amounts of time to this whole mess.  One of the many foundations of her final appeal was that Sage had not been adequately represented legally and that he couldn't "make his opinion heard" (he's only 2 years old now).  If they would have agreed with that we may have had to do parts of the earlier trials over.

My wife now has 10 working days to appeal..

If I try to request enforcement of the order before those 10 days pass she will just appeal that on the grounds that she has not had time to file her appeal (and will win... and waste more time and money).

Once my wife appeals this time, and we have little doubt that she will, the next trial should only last three months and the judicial decision to return Sage will be final.  The end is now in sight.  Sage will turn three on May 14th.  I hope I will not miss this brithday too.

[UD_student]

Carlos, I am thrilled that the federal court upheld the state supreme court ruling!!! If only that meant that Sage would be returned within days, but considering how wrong things could have gone (reminds me of all the wrongs that Tim had in his decision recently), it is wonderful that the end appears to be in sight! I'm glad that this decision has uplifted your mood  :biggrin

[forthelost]

One of the many foundations of her final appeal was that Sage had not been adequately represented legally and that he couldn't "make his opinion heard" (he's only 2 years old now).  If they would have agreed with that we may have had to do parts of the earlier trials over.

I almost want to laugh at the ridiculousness of that argument. Kids, especially two year olds, don't always want what's best for them.

[SageDad]

One of the many foundations of her final appeal was that Sage had not been adequately represented legally and that he couldn't "make his opinion heard" (he's only 2 years old now).  If they would have agreed with that we may have had to do parts of the earlier trials over.

I almost want to laugh at the ridiculousness of that argument. Kids, especially two year olds, don't always want what's best for them.

heh.. yeah.. I kinda chuckle at the thought of putting a 2 year old on a witenss stand surrounded by serious people in suits asking him what his opinion of the international child abduction case that surrounds him is...

He'd probably say something profound.. like, "ICE CREAM!!"

Of all the points in my wife's two appeals though the "lack of legal representation" for my son was the one that worried me the most.  Even though social services and the prosecutor came out in support of my wife and even filed motions and made various requests, arguments and submissions saying literally "I am doing action" X "in representation of the minor child" (not in representation of me and not my wife) the judge never formally named someone his legal representative or guardian ad litem to assist in my son having his "voice" heard.  This allegedly missing and allegedly required formality could have set back the case a year if it had been taken seriously. 

[phillyone]

Carlos.. This is great news! I hope this is the "real deal" and hope Sage is home to you real soon. Does this mean the Hague treaty is working?

Good luck and keeping my fingers crossed for you!

[Dan_Plainview]

Carlos,

I am very happy for you and Sage that you got this important decision. I pray that he is home to you soon.

It is odd that Sage did not have some prosecutor assigned by the State to represent his interests that would give the Judge his or her opinion; do you know why the State did not assign one? Glad this was not an issue for you ...

Congratulations! I hope an executable return order is near term!!

[pam.in.ny]

OMG, Carlos that is wonderful news!!!!!!!!! I sure do hope you and Sage will be reunited
really soon. OMG, I am speechless and that isn't easy. I am just way toooooooo happy
for you!!!!!!!!!!!!!!  Please keep us posted.

[Mother of Tammy and Diego]

Carlos, I am so happy for you and Sage!!!!!!!!!!  I told you, do not give up and keep fighting. I am so happy for your nightmare is close to end. God has listened our prayers. I feel so proud for your strength and courage for everything you had to endure to recover your son.    :hihi