What is taking so long??

[paigefaust10]

Wendy, I feel your frustration as well. To me, it's unheard of that it ever got this far, that David has to fight for his son, and that it's been almost 5 years! It's ridiculous. I look at all of the videos and I truly start to cry....can you imagine how David must feel? However, Teena made a solid point in that although David has suffered for so long, he has raised so much awareness to this horrible issue. If anything positive can come out of this (and I know that in David's situation, it's hard to find a positive), it's that.

[Teena]

I found this old thread on facebook...does anyone know anything about it? According to this david should have had his court date by now....
 
 
 
The Coordinator's Press STJ reported last Friday (30/01) the opening of the year for this Court Colenda to be this Monday regarding some important issues hanging for a decision, such as Microsoft's action against an engineering company, involving copyright and the continuity of the trial of the action which discusses the legitimacy of transactions for the purchase and sale of precatory (Resp 1091443) and judicial dispute around Sean.

http://www.rondoniajuridico.com.br/ler_noticia.asp?cod=3162

[/LIST]
Jonathas Moraes (Charlotte, NC) wroteon February 2, 2009 at 10:58pm
It looks like we are getting attention. Another link

http://ultimainstancia.uol.com.br/noticia/61689.shtml

[/LIST]

 

Katie Whittemore (Los Angeles, CA) wroteon February 3, 2009 at 8:30am
Do you know when David will get his next day in court?



 
Fernanda Santos wroteon February 3, 2009 at 10:19am
It is this month, we haven't find out the DAY yet...



 
Fernanda Santos wroteon February 3, 2009 at 10:23am
Apparently, by the link above they are saying IT MUST be the 3rd Wednesday of this month, but as we all know in Brazil nothing is written in stone....

[roger]

The next day in court? No one from the outside knows. Only the parties and their attorneys and maybe the diplomats and politicians involved in this mess.
 
The hearing mentioned by the STJ press release already happened, and it was in that actual hearing that Justice Salomão awarded visitation rights to David whenever he asks for it. And he got to see his son for the first time in 4.5 years.
 
But the decision about the application of the Hague Convention to the case and any custody decision will be taken by the 16th. Federal Court in the City of Rio de Janeiro. And if a date has been set, only the parties and their lawyers and the diplomats know.

[André Felipe]

in the other post I tried to stablish a period of time to the final decision, but, after the roger´s reply, I realised that I must be more realistic and cautious.
 
Usually the Federal Justice is faster than the State Justice. It took 4/5 years in the State Justice. For most part of judicials proceedings, 4/5 years is in the average, but I think that was too much time for this particulary kind of judicial proceeding, wich envolves the guard of a child.
 
In the Federal Justice, I believe that the final decision (first instance, appeals and Supreme Court) will be made within 18-24 months, peharps less, peharps more. But that´s only my guess. There are a lot of variables that could change that prevision, especially that the Lins knows very well how the system works and what makes him tardy.
 
I hope that David get strenght to suport this new battle, the good news is there´s high chances to be faster than the last one.

[Amazee]

Roger;
 
Thanks for clearing that up.  I was confused about it, as I also thought that the court already had happened.

[Teena]

Thanks Roger, i was confused also....thanks for clearin that up!

[sue]

So it will be heard by the 16th of March?  And David and his attorney do know when it will be heard, he just can't tell anyone?  Sorry, I'm still confused.

[Teena]

So it will be heard by the 16th of March? And David and his attorney do know when it will be heard, he just can't tell anyone? Sorry, I'm still confused.

 
Gail....no one knows when the court date is.