Help Bring Helio Back Home

21/02/2013

21/02/2013

21/02/2013

The past six days have been a whirlwind full of wonderful surprises, proving that anything is possible with patience and good intentions. At last, an agreement has been made in Hélio's best interest. He will be back in Montana with his papa and sister this summer! Definitely positive movement forward... we are relieved to leave the past behind us. Looking forward to sharing more about the outcome once we are home and rested.

21/02/2013

Happy boy!

21/02/2013

Maryline, our lawyer who has worked so diligently over the past two years to find a solution for Jelani and Hélio. Truly a beautiful lady.

16/02/2013

Finally, we had the opportunity to spend time with Hélio tonight and are looking forward to more time tomorrow ... He has grown up a lot, as you can imagine and was so happy to see his father!

14/02/2013

We finally received a decision from the French Federal Court of Appeals. They overturned the "legality" Grenoble Court of Appeals decision, stating that they did not provide any evidence that Hélio would in fact suffer from severe psychological damage if he were returned immediately.

The French Federal Court of Appeals did not make a decision on whether or not Hélio should be returned. This puts the overall situation back to the "state of things before the Grenoble Court of Appeals decision, which means that now the Grenoble Family Court decision that Hélio should be returned is the legally valid decision.

However, the French Federal Court of Appeals also demanded that the Lyon Court of Appeals has to decide if Hélio should be returned. So while the Family Court decision is the currently legal valid decision -- that Hélio should be returned -- the Lyon Court of Appeals is now in the process on deciding on whether or not that decision will hold based on the counterarguments of Article 13b from the Hague, "grave risk of psychological harm."

I do not yet know when the Lyon Court of Appeals will have their hearing and make their decision, nor what evidence and arguments they will be using to make their decision (that is, today or using the time frame of when the Grenoble Appeals Court made their decision, 1 1/2 years ago, which relates to the arguments of Hélio's transition back to the US).

Separately, but related, there is also the possibility that the Grenoble Family Courts will make a ruling on Hélio's custody, since Fernbach submitted a custody plea to that Court in February 2012. They postponed their ruling until the French Federal Court of Appeals made their decision.

Again, I am awaiting further information on the processes, procedures and dates.

I will provide more information when I know more.

13/02/2013

So, I called this morning and they said that the judges gave a "parcie?" decision. Which, it sounds like it translates to sending the case back down to the lower courts for a re-trial. Though maybe a different court from the first.

Through my horrible French and their much better English, I understand that this was the decision we were seeking--though I was unclear about the Court of Appeals' authority before (I was hoping they could decide he could be sent home). So at the very least, they did not uphold the previous appeal decision. They overturned the previous decision, which is what we wanted, but it must go through another court still, not necessarily what I wanted.

Anyway, I will have more information later, once they send the actual document.

Thanks for the positive thoughts....

07/02/2013

Good news in regard to long case about Hélio.

The French Court of Appeal judges will present their decision on Wednesday, 13 February 2013.

They are deciding whether Hélio should be returned immediately, or whether they will uphold the previous appeal that he should stay in France because otherwise he would incur severe psychological damage.

Unfortunately, we are still unclear in the basic process details. But we assume there are two basic scenarios:

1) They order Hélio's immediate return, and we go and pick him up and custody will be decided here in Montana. The question there is do they enforce the return right away? Or will we have to wait a week or more. I am unsure, and trying to find out.

2) They uphold the first appeal and say that at that time those judges were correct in saying there was a grave danger to Hélio's psychological well-being if he were to be returned to the US. Then custody happens in France.

I am anxiously waiting to hear either way, and ready to move on to the next stage. Of course, a main goal is also to see him again soon.

Thanks to all for your support over these last two years. (It has been two years.) And I will post again next week when we hear of the decision.

23/12/2012

Someone asked how things were going with Hélio, and it reminded me that I haven't updated this page in quite a while. But now there is actually something to say rather than having another rant about injustices, etc.

Things with my son are moving slowly still but at least moving.

The French Supreme court will have their hearing in mid January. From what I could understand from that lawyer, it is not so much a hearing as a kind of review of the case, but I could not speak at all so I will not be going to France. After that hearing they will present their decision in 4 -6 weeks, roughly mid February to early March.

The French Supreme court is deciding whether or not the local Grenoble Supreme Court decision that Hélio should remain in France despite the illegal abduction was valid or should be overturned. I am obviously hoping it is overturned.

His mother began a custody case in France in Feb. 2012, despite the ongoing custody case that she initiated in Bozeman in Jan. 2011. That French custody case has been postponed until the French Supreme Court decision.

The Montana custody case has been delayed for the last 6 months because they changed the personnel who would handle custody cases from judges to a "Standing Major" or something. Unfortunately, they did not give this new person any administrative support. So they alone have to deal with paperwork and making custody decisions. Despite my attempts to get any response whatsoever from the courts regarding the case, they have not responded. So we are in limbo about custody both in the US and in France, and the Supreme Court Decision about whether he should be returned or not seems to be my only hope for now.

I have been able to talk with Hélio regularly which means once a week on skype. Recently he has been more engaged with trying to communicate. But the big challenge, besides the limited days a week, is that he does speak English anymore and, more importantly, he barely understands English. His mother sits next to the computer and has to translate most of my comments to him.

This is perhaps the most frustrating and saddest part of this entire $ #% #&. It is one thing to have him taken away, and that was hard enough. It is altogether another level when he cannot communicate with me or with hardly anyone else here.

My two brothers speak French, but my two sisters do not, my mother doesn't, nor does my father. And that is just the immediate family, not even to mention cousins great uncles and aunts and all of his friends and adopted family through my girlfriend here in Bozeman.

I know once he comes back he will transition back to English fine. But I guess it highlights the willingness of his mother to totally obliterate any connection at all between Hélio, myself, and all of his paternal family and friends. This continually goes beyond my comprehension, despite the reality of it, and thus angers me everytime she and her lawyers argue that she is working for Hélio's best interests.

Anyway, before I go ranting again. There it is.

Fingers still crossed, and all the other tricks I can imagine, and awaiting a decision early next year.

Thanks again for all of you all's support, in thoughts, prayers, deeds and listening.