MARIA CLARA CASE: FIGHT CONTINUES!

I am Adriana Rocha Botelho, mother of MARIA CLARA, 6 years old, who was taken to Portugal by her portuguese father after an arbitrary decision made by the judge Ana Carolina Dias Lima Fernandes on 19^th of December, 2011. Next day this decision was revoked in the Federal Court by the federal judge José Amilcar, who ordered immediate regress of Maria Clara to Brazil and to me. However, by this moment, it was too late. It took them just few hours. From the moment I was obligated to give my daughter away in the Portuguese consulate to the moment the decision was revoked, my ex-husband had already left the country.

Actually he was already celebrating victory with friends in his facebook since 11^th of December, eight days before the decision from the judge Ana Carolina Dias Lima Fernandes.

How could he have known about the judge’s decision so many days before?

Why has this judge granted the interlocutory decision, with no requirement for it?

Why has this judge granted “guardianship ex officio, without that the interested party had required it, while this is forbidden by the Art. 273 from the Brasilian Civil Code?

Art. 273. The judge may, by request of the party, anticipate, totally or partially, the results of the initial guardianship request since, by provision of unequivocal proof, the judge is convinced of the plausibility of the allegation.

 

Why has this judge made this decision in the day before the judiciary holidays?

Why it was not given to me the right to defend myself?

Why there was no hearing?

Why a such arbitrary decision?

Based on the lack of legal support to provide such decision, The Regional Federal Court ordered in the next day immediate revoking of the decision from this judge.

I hereby approve the request to cancel the effects caused by decision previously made and order immediate regress of the child to his mother. (Non-literal translation)

Up to this day, Maria Clara has not returned to Brazil, and I have also no information what so ever about my daughter.

I hope the Brazilian Justice and the Brazilian State will keep acting with effort to enforce the decision of the Federal Court. And that the Portuguese State will act reciprocatively.

Mommy loves you, daughter!