Ruling in my case?

[KBZensen]

The fact that I had all documents for my daughter's U.S. passport in my hands (U.S. birth certificate, passport authorization for my daughter signed by mother, all other necessary documents), but was not able to apply for it here in the U.S. is still hurting...

Klaus, if you had all the documents (including mother's authorization), why could you not apply for a passport for her in the US or in Brazil?

The State Department requires that the child is present when applying for the U.S. passport, therefore, I was unable to apply in the U.S., the State Department insisted that I have to send all documents to the mother in Brazil and that she needs to apply in the presence of the child... Here is my post from 31-Jan-2011 with more details: 


"One step forward, two steps back...

As a reminder, after having all necessary documents in hands to renew my daughter's passport for a return on 02-Jan-2011, the State Department informed me that only the mother in Rio de Janeiro would be able to apply for the passport in the presence of my daughter. I shared with the State Department my suspicion that the mother would use this as an opportunity to further delay the return.  The State Department insisted that I send all documents to the mother and that she would need to apply for the U.S. passport.

I am certain the State Department has good reasons for these guidelines and there maybe reason which I don't know or don't understand.  Now, looking very practically at what this has done to my case, it's pretty much looks like a disaster... As I suspected, the mother was not able or willing to schedule and appointment at the U.S. Consulate and until today no U.S. passport was applied for.  Worse, the mother took this delay as an opportunity to sue me for about R$50k missing child support payments (child support was suspended in NJ court, but is due according to Rio court) and an arrest order has been issued against me.  I am not giving up hope, while it seems unlikely that anything will be resolved anytime soon or this year, instead I am looking at more delays and more costs (so far $75k and counting)...

The State Department should really look into revising their passport guidelines to protect the interests of U.S. citizens like my daughter.  Just out of curiosity, does anybody know if Sean Goldman had a valid U.S. passport, when he returned? 

Klaus"

[kmoor88]

So Sorry Klaus that your case is also never ending.  How many years and hearings is it going to take before the US stands up and says enough already. 

[lovellboys]

Just out of curiosity, does anybody know if Sean Goldman had a valid U.S. passport, when he returned?  

Klaus

I don't know if it was ever openly stated, but I am thinking David was able to get a new US passport for Sean at the Embassy before they left Brazil.  As long as David had Sean's birth certificate, they could have considered any previous passport as lost and issued a new one.  

I know Sean also had a Brazilian passport, which is what Silvana thought could keep him in Brazil.  Dual-citizenship gets you every time.

[SageDad]

The State Dept. makes up their own policies and then apologizes when they can't do things because it's against the policy.

Their real concern is helping left behind American parents get their children back out of the country they've been abducted to without the express consent of the abductor and foreign courts.

Heaven forbid they'd care more about helping the American parent and child than pandering to foreign abductors and courts.  More often than not it seems that State forgets which country it represents.

I've heard that 40% of Americans can't find the U.S. on a map.  I'd guess that most of those people work in our Embassies and Dept. of State.

Compare and contrast that with the way a Finnish diplomat personally drove an abducted child out of Russia and a Norwegian diplomat personally helped recover children abducted to Morocco.  Sure makes me proud to be an American (where at least I know other other countries are free... to steal my children.)

To make matters worse the U.S. government likes to butt it's big fat ugly head into the personal affairs of every other country, from their elections, legal systems and business practices to their economy, so the expectation in foreign countries is almost universally that American parents come fighting for their children with the full force and advocacy of the US government behind them.. when nothing could be further from the truth.  American parents fight alone for the return of their children even while foreign parents get extra help to support themselves against the "imperialist gringo regime."

[Lexi]

I'm not sure if this will be helpful to any LBP, but I thought I'd post it just in case. It's actually from yet another Dateline episode.

In short, it's about a case in Istanbul involving a Turkish man married to an American woman. She had accused him of abusing their two young daughters and after losing in the Turkish courts, abducted their girls to some other European country (though the father had retained the children's US passports). A US-based law firm picked up their case pro bono and appealed to the State Department to reconsider issuing them passports, even without the father's consent, because of humanitarian concerns. State's response was that they found no fault with the Turkish courts decision and wouldn't help the mother evade Turkish authorities, however they agreed to issue temporary passports. The basis for their decision was that none of it was the girls' fault and they shouldn't have to live illegally. They then flew back to the US and went into hiding again.

I haven't posted the link - I don't know if it will be upsetting to some of our members but if anyone wants to watch, it's the Sep 10 2010 episode of Dateline titled "Mother on the run".

The name of the law firm is Bingham McCutchen.



 

[KBZensen]

Just out of curiosity, does anybody know if Sean Goldman had a valid U.S. passport, when he returned?  

Klaus

I don't know if it was ever openly stated, but I am thinking David was able to get a new US passport for Sean at the Embassy before they left Brazil.  As long as David had Sean's birth certificate, they could have considered any previous passport as lost and issued a new one.  

I know Sean also had a Brazilian passport, which is what Silvana thought could keep him in Brazil.  Dual-citizenship gets you every time.

You are right, I spoke to David tonight at the book signing event, he confirmed the Embassy renewed Sean's passport on they day they left Brazil.
Klaus

[MLaffitte]

It is so sad and frustrating that a father has to face all these problems to share 3 months with his daugther. It's simply disgusting.

Your perseverance is very impressive. And you show your value not fighting with the mother to get for example full costudy, to do the same thing she is doing to you and so on. That means you really care about the welfare of your daughter.

Your ex just does not understand how lucky she is, because her daughter has a father who loves her and want to be present and is concerned about her well-being.

Sorry for my english, I am french-argentinian.

Sincerely

Céline

[KBZensen]

It is so sad and frustrating that a father has to face all these problems to share 3 months with his daugther. It's simply disgusting.

Your perseverance is very impressive. And you show your value not fighting with the mother to get for example full costudy, to do the same thing she is doing to you and so on. That means you really care about the welfare of your daughter.

Your ex just does not understand how lucky she is, because her daughter has a father who loves her and want to be present and is concerned about her well-being.

Sorry for my english, I am french-argentinian.

Sincerely

Céline

Dear Celine,

thank you much for your comment, you are absolutely right... I do not want to escalate matters by fighting for custody, only want 03 months visitation per year...  as it was agreed from the very beginning in 2003... and yes, it is very sad that is so difficult to make happen...

Kind regards,

Klaus

[JuliRosi]

I am very said that your daughter couldn't atill visit you in the USA. I am praying for you!

[StrngConviction]

I am very said that your daughter couldn't atill visit you in the USA. I am praying for you!

:yeahthat