The boy’s father is very worried. – I am terrified of him and constantly think about how he is doing and what he is exposed to, says the father, choking back tears to news. We meet him at home, somewhere in Eastern Norway. news has chosen to anonymize the man for the sake of the child. The five-year-old was banned from traveling It started on 26 March this year when the father, son and his new partner were to return home with their shared daughter, from a holiday in Brazil. At the airport, they were told that the son was banned from leaving, and that the father was also banned from contacting the son. STOPPED HERE: The journey home with the family stopped at the airport in Brazil on 26 March this year. Photo: Reuters The father was thus prevented from taking his son home to Norway. – I am constantly approached by this episode at the airport where I am unable to protect my family. It’s tough, he says. – I have a feeling of guilt that this has happened, and I somehow can’t think of anything else, says the father. Groundless accusations of abuse The background to the case is a conflict between father and mother with strong accusations from the mother. The reports from the mother have been dropped by the Norwegian police. The accusations are referred to as groundless in the court that has dealt with the parental dispute. In the same ruling, the boy’s mother has lost parental responsibility for the child. She has appealed that decision. When father planned the trip to Brazil, mother wrote a declaration that grandmother would take over the care of their boy in Brazil. A few days after they landed in Brazil, the grandmother reported the father to the police in Brazil, for sexual abuse of the boy. Father was successful in Brazilian court on 10 May this year and thought he could finally take his child home, but now the case has been appealed to the Supreme Court. The woman’s lawyer Helge Ekelund tells news that they are dealing with the Brazilian court, which has ruled that the boy is banned from leaving Brazil. The child now lives with his grandmother in Brazil. – My general understanding is that they take the allegations of abuse seriously because it is a big problem in Brazil, and that is basically a good thing. But it opens the door for it to be abused as in this case, says Thomas Andrews, lawyer for the father. ASSISTING FATHER: Lawyer Thomas Andrews is assisting father, who has gradually been awarded free legal aid in the demanding and extensive case. Photo: Tobias Prosch Simonsen / news The court believes the accusations are fabricated The accusations from the mother are, among other things, about sexual abuse, and they have thus been made again by the boy’s grandmother, in Brazil. In the recent Norwegian ruling on parental responsibility, the district court writes that the mother has weakened credibility. Among other things, the court points to what they believe appear to be fabricated accusations about death threats against the son and the mother. “The mother and grandmother’s accusations appear to have been made at strategic times, compared to the development in the parental dispute case and the boy’s departure from Brazil. The court further writes that it is “striking that the accusations have steadily become more serious, as the legal processes in Norway and Brazil have progressed.” Photo: Tobias Prosch Simonsen / news The court in Norway finds no circumstances to substantiate that the boy has been exposed to abuse, poisoning or transgressive behavior by his father. They point to statements from child welfare services, the nursery school, the mother’s doctor, the police and two court-appointed experts. The mother’s lawyer stated in court that a follow-up error had occurred, due to the incorrect assessments of the mother’s doctor and the child welfare services. The boy has also been investigated in Brazil. In the Norwegian judgment on parental responsibility, what has been done in Brazil is mentioned. “It appears from court documents and an interdisciplinary report that neither the prosecution, experts nor the criminal court can find a confirmatory basis for the accusations”. “The boy’s situation is critical” After six months of sleepless nights, the father has not brought his boy home. The family’s Norwegian lawyer calls the case a tragedy for all parties. – We are now at the mercy of the Brazilian legal system, which is quite unpredictable and erratic. And you don’t know how long you have to wait. There never seems to be a definitive answer that allows one to go home. The family lives in uncertainty, says lawyer Andrews. The Ministry of Foreign Affairs in Oslo cannot comment on the matter. Photo: Annika Byrde / NTB He has asked the Norwegian authorities, including through the Ministry of Foreign Affairs (MOF), for help to get the child home. “The boy’s situation is critical, as the information we have about him indicates that he is homeless and cannot meet his necessary needs where he is now. A quick response is therefore requested, writes the lawyer in the letter to the Ministry of Foreign Affairs. – We have a convention which, in our opinion, should look after the child, but it does not have an effect. We see that as special, says lawyer Andrews. The Ministry of Foreign Affairs replies to news that Bufdir is handling the matter. Bufdir does not want to comment on individual cases, but says: The children’s room where the boy was supposed to live is empty. And all the dinosaurs are waiting for more play. Photo: Tobias Prosch Simonsen / news – Throughout the process, we will be in contact with the central authority in the other state, says Jonas Hågensen, communications advisor at Bufdir. He says their role is to inform the other central authority about Norwegian rules, as well as to obtain information about the legal system in the state to which the child has been abducted. For the family, it is difficult that the case does not get a solution. – We have a little daughter who talks about him every day. Why did they take NN?” she asks, the father says. – She is traumatized by what happened at the airport. And our boy was so happy that he was going to come home to his friends after the holiday, but now he has been in Brazil for more than five months, says the father. – Cruel The mother of the track is only entitled to a few hours of visitation, under supervision, for up to 16 hours a year. The district court in Norway recently ruled that. – We know that my son is in Natal and attends a public school, in one of the worst areas of the favela. Most people do not send their children to school there because it is so cruel. Beyond that, we know absolutely nothing about him, says the father. Brazil’s embassy in Norway says they cannot comment on cases that are in the legal system. In an e-mail there is a reminder that “a number of our citizens have also experienced custody cases in the Norwegian legal system.” Embassy of Brazil in Oslo. Photo: Bengt Kristiansen/news “Any process of detention causes unwanted emotional stress in minors, and the Brazilian authorities will certainly be aware of the children’s needs, safety and well-being at all times.” For the father, the whole situation is difficult with serious accusations and a son he misses. – The last two years have been an enormous strain, before this escalated with my son in Brazil. It’s horrible, and it’s hard to concentrate in everyday life on just everyday things. Published 24.11.2024, at 18.48 Updated 24.11.2024, at 18.56
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