Nicolas, Laetitia and Anthony Gerber
Statement by Alain Gerber
I would like to tell you my history and show you how Brazilian Justice does not respect the international law named the Hague Convention which France and Brazil are signatories and parties of the Convention
My ex-wife and I had planned our vacation in 2006 to Fortaleza. We were going to her parents’ house for couple weeks. We were very tired, especially after the birth of our third son Nicolas on June 12th 2006 and also because we just moved to a new house on June 15th 2006. We had two other children at the age of 2 and 4 years old.
I originally expected to return to France on September 27th 2006 with our two older children. First, I had to go back because of my business and them because Anthony and Laetitia had to return to nursery and school. My ex-wife with a great ability asked me to leave our children with her, because she had to go through a minor surgery and she wanted to do it in Brazil .
She was even more distant from me to the point that I wanted to meet the Honorary Consul of France in Fortaleza to discuss with her about my situation (My ex-wife did not allow our children to return to France with me), and some other issues relating to our children and what could happen if I return to France alone. Ms. Consul JENSEN prepared a statement about our meeting and the subjects of our conversation.
Even though the airline had reservations for October 1st 2006, my ex wife did not return, did not change the reservation for any other date and did not indicate anything that she was arranging for their returning. I learned through diplomatic channels on March 3rd 2007 that she requested and obtained from Ceara State Court of Justice the custody of our three children on September 21st 2006. She mentioned in the lawsuits that I lived in Gueberschwihr , France . Then Ceara State Court of Justice felt on the right to judge the legal separation and custody of our three children in total disregard and disrespect to the international Family law.
However, after I found out my ex-wife had been drawing money from two bank accounts and transferring nearly 100.000 Euros in a “small” amount of 10.000 to 15.000 Euros to all members of her family I warned the French Central Authority (Ministry of Justice) about the “international child abduction” in December 2006. Immediately this Authority warned the Brazilian Central Authority who informed us only in March 2007 that they were not able to locate my ex-wife and my children because they had moved to an unknown place. The truth is my children never left the house of their grandparents. They always lived there in the same address with my ex-wife since September 2006.
Then in the end of March 2007, the Brazilian Central Authority explains that they finished their job and could not do anything else because my ex-wife showed them that I agreed with her to move and to live in Brazil ! So what happen is that she ignored the requests of the Brazilian Central Authority (Ministry of Justice) in time to make up a history and make them to believe in what she said about our family moving to Brazil .
Even though I provided many formal proofs to the Authorities (new house, the debt payment for Real State, administration and management of two paramedics laboratory in Alsace, enrollment of the children in school, no visa, close witnesses), the Brazilian Central Authority did not reopen the dossier and did not recognize Parental Child Abduction.
On January 23rd 2007 we also found a claim form in the Police Station of Fortaleza filed by my ex-wife. After that I called her many times and I sent many emails asking her for news about my children and the returning of them!” Then, she declared in the claim form: “I could stay in Brazil because I told Alain I needed to go through a surgery and I needed to recover from a depression. When he realized that I would not go back to France he started calling me every day. When I told him I really did not want to go back to France he asked for a divorce in France .” That’s it: All the truth is told here! At this moment, she thought her procedure for a “legal separation” in Brazil was legalized on her behalf and she had custody of the children. But she had no knowledge about the application of the Hague Convention. Only after knowing about The Hague Convention on the Civil Aspects of International Child Abduction she mentions about our family “moving” to Brazil !
She signed this claim form stating her address as the same one of her parents. “While her parents informed to the Brazilian Central Authority that she had moved without leaving address” (we have this document).
But I finally received a new statement on May 21st 2008 from the Brazilian Central Authority confirming that they were looking through my evidences and they were convinced that there was parental child abduction in my case. But of course they were not allowed to decide on the return of my children to France .
With my attorney’s help Mr. Marcos DUARTE from Fortaleza in Brazil we are fighting over three years against 5 lawsuits in Ceara State Court of Justice (legal separation, children custody, alimony or spousal support…). On February 12th 2009, this same Court has annulated their decisions because according to the Hague Convention the State Court are not qualified or competent to judge the case, but this annulations’ was only for one year beginning in February 2008.
Thus, we can finally filed lawsuit in a Federal Court concerning the immediate returning of my children based on the Hague Convention and Federal Court is the institute responsible to defend this kind of matter.
On February 14th 2009 I went to Brazil and I was convinced that there was no risk I being arrested for non-payment of the alimony because the decision had been canceled. I was certain that I could return with my children because I have custody of them along the “Tribunal de Grande Instancia” de Colmar (Colmar TGI).
But “after a computer error, I was stopped by the Federal Police. They want to arrest me and then interrupt my arrival in Brazil . My lawyer and the General Consul of France Mr. Yves-LO PINTO were aware of my arrival and they got permission from the head Officer of the Federal Police. They provided a document called “laisser-passer” in order not to make me suffer this kind of humiliation.
I could not be with my children for more than 2 times during 3 hours. It was a humiliation and an inhumanity condition. I was under a supervision of my ex-wife, her brother and a strange guy with a gun. I was being filmed and recorded all the time during my visit with my children. I also had the displeasure with the visit of a “representative of Justice” who threatened me and want to arrest me if I refuse to pay the spousal support in 3 days (an amount of 75.000 Euros!). This entire scene happened in front of my children. I am guilty for loving my children. I believe that a prisoner would have more rights than me…
I do not make more than ask for justice all this years. I control as hard as I can my pain after more than 3 years. My ex-wife even never sent a short note about our children. They no longer speak French or know anything about the French culture. Both were completely destroyed from their lives.
Since their birth, I always looked after our children, parental authority was always been shared between us and now, as part of the divorce (which she never had the dignity to respond) I have “rights of custody” under the law in France . I submitted to Brazilian Court more than 70 statements made in honor and justice for a good moral under the quality of a man, father and husband.
How long the Brazilian Court will take to solve such cases like mine and make so many people suffering (grandparents, uncles, cousins, father, and of course, our children in the first place)? How long the courts will deny its international commitments? How much longer will the courts allow one of the parents the practice of parental alienation whose consequences are so serious and harmful for the children?
The Hague Convention determinates that the child must be promptly returned to the habitual residence unless the return will create a grave risk of harm to the child. In Brazil where we have many other cases it takes so long … Defense will then arise that the child has become settled in the new environment and, in practice, the longer a child is in a new place the more likely it is that a court will be reluctant to send the child away. What child can be adapted or become settled in a new environment when it is all based on lies, injustice, cruelty, and the absence of any contact with one of their parents and family?
All my suffering and efforts are not the most pure and true expression of my love for my children?
Alain Gerber
Website Version Française: http://enlevement-d-enfants.over-blog.com/
Website Versão em Português: http://meusfilhos.over-blog.com/