2 Judgment, 1st Section
Case 351 / 06.otmlsb
your s reference 1641678 of 16/03/2006
arguments of the father, paulo fernandes miguel garcia fernandes forte
to the lady judge of the second chamber of the First Chamber of Family and miners court of Lisbon
to all in Law including in Law, All Those who have positions in the Judiciary Power With Functions and Competences of Monitoring and Evaluation of the Act of Judging, and to whom performs such functions and Respective Bodies That substantiate it, including courts.
To The Attorney General of the Republic within its powers to ensure, to investigate and propose correction of All That For Human Hand counteract the Laws That Men Bring Agreed between They, As Guarantor that Days Elapse for Every Man and Every Child within the normality of Individual and Collective Rights Guaranteed For Mother Constitution and laws in her Aegis.
To All Beings Of The World
To Archangel Michael
To God, My Mother, My Father
In Holy Spirit, So Lead me in Your Hand My judge, because this is what is here today, that I had no pretensions to judge the hearts but the acts and that I can separate as possible my view from the fact.
The Children s, the Sons, Are the Flowers of Love and They are Born From Parents and when all is well between Children and Parents, All The Garden That Is Life and Living Flourish, and Everything tends to be more Peaceful in His Expression, because Life and Love is based in simple rule, the more love and better, less conflicts to resolve.
Strange thing is, that the cases that a family court judge, agrees and regulates between the parties, are always taken by the parents.
This on the other hand say, that seem the justice mechanisms do not have direct relationship with the Children s, nor the laws, neither the structures and the practices allow them to take the initiative to ask a judgment.
Yet they have supporting phone lines, in addition to all monitoring due by several adults in various situations throughout they days in they life, where one can detect a call for help even when it is hidden and is expressed in a cry of revolt that can lead to a judgment, as judging is also give help, assist, regulate a situation that is wrong and put it by this way right, better, and when, this happens, what you did, was help.
In other words
Those who by their nature are less equipped to defend for themselves.
Those who by nature have added difficulties to understand and deal with the adult world in their ways of living and rules made by adults and by their hands offered to them, that are the majority of the ones that can cause them damage and aggressions, with much more power to do many kind of evil then a Children, that in most cases, are, are those who are closest to them.
Those who need more and bigger protections, are those that by the way men take their justice and their mechanisms, does not contemplate, they do not have the doors open as an adult, where understand as father, if we consider that to be a father is need to be first an adult.
In a way it can be said that parents do not caring well the children s, in the sense, that they do not give them the same opportunities of defense that bestow themselves, and by this reason in practical, is practiced a differently family justice, sheltered in some ways of what might be called, a more universal justice for adults.
For laws enshrine some not accountability status based on age and type of crimes.
And now, some, want to download even the slats of the age of accountability like they want their children, in smaller, more quickly become capable of adult judgments and some times being at miners institutions where many problems are detected.
Reactive measure to failures in several models of families that habit the world of men in the simultaneous failure of many other areas of living
measure that opts more for punishment than for monitoring, measure that speak and says about the loss of the value of love in relationship with another or others, the loss of a sense of solidarity among human beings, based on a blindness that will not allow recognize them as brothers and consequently as equals, with similar urges and the same common needs.
Measure that translates the little that men believe in themselves, their ability to change the general landscape of life, creating new ways of living, where they can as parents, to live more fully, light, and deep, they Love with the Children s.
A concealed speech that says, I am not able, I do not know how, I have neither the will nor the power to change things in order and according to the heart and in doing so as the ostrich under the shadow of fright and fear, I admit putting far away at the back of my heart, down there in a prison or in a obscure institution, where I only hear about them when the predictable misfortunes of disaffection, the systematic abandonment, the oppression, have operated a disgrace.
We need to extend and explain how broad is the concept of co responsibility towards the Children s, in they hear, see and observe, what only can happens when you respect them, when we give them the necessary attention to understand their behavior, not in relations with tonic of arrogance, oppression or domain, or rushed and episodic.
Education has always the extension of the entire length of the life of each one and every relationship is a continuous process of mutual learning.
The status of the father as responsible for the child, agreed to by adults, reflects the acceptance of the principle of the justified and stronger will of parents to the will of children until they reach a certain age.
The question of the will of parents and children in their relationship is cornerstone in they development as beings, they greater or less confidence that they have and carry in live, the less or grater self-esteem, the greater or lesser ware to see and understanding, to easily or not, pass from the knowledge to the know, because they are prepared for living it
And always the aim, the carpet, the driver wind of Love, if we Open them to Love or to the dungeons, the neglect, the abandonment, or if we help them to strengthen the muscles of the wings to fly better, and how to dosing with the other side of the same question, if we taught them to land safely, and give them the hand that holds them in the times that needs so.
Love is a swing between security and freedom, because if it is not true to say that the will of a child is less than or somehow inferior to another that what we consider as adult, it is true, that the adult carry the child at times he see the imminent fall and holds out his hand to keep them safe, and carrying is the stone which he place the just force of the strength of his will.
The Wings of the parents serve to protect the Wings of the Children in Protected and Open Form, Allowing that The Wings of the Children Grow Strong and Agile, Allowing Them the Beautiful, Fair, and Accurate Large Fly on the Exact Measure That Each One Here Comes To Be
Respecting the will with apparent lower ability of self-expression and achievement, is the right angle from the heart that goes tune, as respecting the will of the child, is not amputate it, at the same time that we keep them in carpeted that veil their safety, is the way of pointing to the important, the happiness and joy of life and living, that are facets of the name of the heart that is going loving life in a good mood.
Respecting the will of the child is also at times when it is needed by the dangerous blindness some times they go, being the brake, just like freedom when well taught, always take her hand side by side with her sister responsibility, that translates, humans more freer and more responsible in that major liberty, need less brakes by parents.
And as said and wrote the poet once, before, in the middle and after, underneath, above and between the will of parents and children, as they are two, is the Will of Life, and if the children in flesh and blood are children of parents who spawned them, from the Spirit and by the Spirit they whore created, and is not necessary to dive or fly too far into a metaphysical or theological way to understanding this, because never the bodies came to play or reproduce themselves without the prior intervention of the spirit that makes them unite, be a beat, or the sum of many knowings, or the precise moment that made them crossed.
And as the poet once said and wrote, before children are from parents, children and parents are children s of Life It self, that the inclination of the hands of parents as archers will be always pointed to happiness.
And the boys who grow up in happiness, surrounded by love, bloom in themselves the seed of love that all brings in His Born and when they're happy, better are prepared to live well, to be what they are in the infinite freedom that all hearts of fathers to them aim and fated in they birth.
And if it is true to say that happiness, to go happy in the arms of happiness always extends the size of the Garden, it increases when in their growth they are surround by Love, that the greatest responsibility in the use of the greater freedom, and that being more free is being more responsible in the use of the freedom, that the fields become larger, increasing the extent of the steps of the being, more as the being as to care in his walk, and for care, and to care, one must be and go in a responsible way.
And that when the Beings go happy, the happy happiness increase, the use and enjoyment of happiness in his extension became larger and consequently their living directly proportional to the increased responsibility in they exercise, less abuse tend to happen, more apt are Beings to defend their own freedom, their duties, their rights, and tomorrow morning when like this will be for each one, all the abuse and the damage that are born from them, will finish.
For those who live in the Fifth Empire, the One of the Holy Spirit, puts the Rose in the place of the Rose, and always Tradition State and put the Children as Emperor of the World and smart are the parents that go according, and in this way put themselves in relation to Children, and then intelligence bring always the Beautiful Fruits, Beautiful Offers, Fine and soft caresses and rewards.
The Children that is Eternal at Every Age of the Being, is Nominated From the Heart, Emperor of the World by His Quality of Imagination, and to be It, so that the Child may exercise It, and to Be what is He in his Deep Nature, must the Freedom in His Grow, and the exercise of his will, be supported and guaranteed by the adults, by the parents.
I remember the little schoolhouse, six, seven years might we had, led by the hand of Mistress Lucinda in a conversation about the difference in life among adults and children watching the children s for they children s eyes the adults. Said one girl, that with adults things were different because they were different and it is true that they are, added a children, that the most different was that they could do more what they wanted, that they had more freedom then children s.
In a family of three, there are three will, the one of each parents and the one of the child.
Usually are the parents, both or one, that wants to leave. Francisco was clear in his will when he realized that the family was braking apart, and stated in his own words, that he wanted to stay with both, and his will is for me a cornerstone of my action, respecting it, ensuring and guarantying that by my action in this way can happen, and that's how I acted and managed to achieve for some time.
And this is, I believe in my heart in Heart, the will of the majority of the Children in the time that family’s break apart. There will be others, that the disaffection in which their parents bring them, if given the opportunity, if we gave them the opportunity to express it and then give them our helping hand, would prefer to live without them at times, but this is not and never will be the Aim of Love and Heart from where He Comes.
Children are also part of the parents and in the same way parents are part of children because ones come from the others, and follow each other in love, they participate in each one, they share themselves in they common steps when together, and when separated, became incomplete, and if Love for nature is the One who Joints, the Joint and what is Jointed, should not the laws of man open the door to the contrary way and do more damage to the parts who already suffer damage when the Heart of a Family Break.
When a family breaks up, breaks the multiple, the multiple heart, which is the Organ that connects and bring together all the Beings by invisible wire of weave of Love and the Spirit that leads It.
The little big Heart of the three, which is the family that participates and is participated by the Great Heart of the World, God, the Light, the Holy Spirit, Love, Joy, Peace, Compassion, Care, Caring and Tenderness.
The small part of the heart which dwells in each of the parts, in each beings, and so on three they break, separate and became away three pieces of the heart, one in each one, that separate or is removed from the other. Three stay and go in the days incomplete, even when an adult, who on leaving, break the family, is convinced that the disaffection was more than love, because what ends are the relationship when the persons who participates in them finish and not the Love that is, Eternal.
And all beings are free to have the relationships they want, to start them, to be there or go, and no one should prevent this from happening, though many relationships end up for the ineptitude of the lovers in carrying the beautiful garden, by the way they grow with wishes and wills that came differentiate in time, by the huge interactions from what is more external to them, so to speak, as may be external to them the forms and templates that we take the all living, all-include , nothing outside, as always presents life itself.
And even apart, bleeding incomplete each part without the other, never really they move away because the ties of blood and Spirit Are Forever As the Eternal Is and Once crossed, seed and flower, forever in this way go. Blood is a line in the Eternal and substantiate each time that occurs the miracle of the creation of a new Being. In a certain way, is true to say, that blood is a port and home of the Eternal, as one can say that the Eternal has doors, better will be to say, an entrance, an atrium.
And all adult lovers, then, complete and self-sufficient are parents even when they still or will not have children of their own blood, because all are multiples of the One and His Sons, and being like this, also they are Parents of All Children, because as the Image and Likeness of the One multiple, they are multiple, each of us is.
And human laws should reflect this view that all the free adults are parents and every man should weigh in their heart, discovering and knowing to see the size of the father, of what is to be father, in his heart, and in function of this view, guide his actions in the days, and be all fathers of all that we all care, when caring is need.
And being this in part the nature of the damage that is present on what is urgent need to regulate in instances in which it manifests itself, in the understanding of the adults parts in the depart, or in court.
And the nature of the damage extends over large black beach where damage is expressed in its many variants, bringing the men agreed in their view, which are divided between those directed to the physical body and to the spirit, or both, which are One, therefore one did not exist without the other in this manner, that is the way that we are where.
It will be understood that the main aim of the agreements of life and time of life between parents and children are in principle and as desired target, equitable between the parties, without understanding equitable in a narrow sense by excess of accuracy, limited or limiting or manichean, or worse, blind and blinding, as is show and hidden in the solution proposed by the part that placed the action with the illuminating title, against.
Always being Love,with, The One That Goes.
It would be well to understand, since all that is separated aims the reunion, and love that in part is healing arise in the days, in the presence, in the time of the presence of parents, and children and parents are loved in body and spirit until the end of the body of the father and son.
need the children according to their age more one parent than another?
Gave the law of men in a recent yesterday, a timid step towards equal rights of parents following the birth,when consecrated to father, also the possibility to have what is usually called, maternity leave.
And should have all the mothers whose breast has natural milk, that they can have all the time to breastfeed their babies in all they wander and mutual delight. And should have all the fathers and mothers all the time to delight with them, to take them in the lap, to walk them outdoors showing them the world they go, to make and bring them sleepy very closed in a lot of warm hugs and living this superior delighting, to have them in the nest of chest, they faces turn to the side where you walk the walk, to do them, glus, glus, dás, dás, in the fair measure of baby’s that create beautiful smiles and dimples, having all the time in the world to discover the boundless love without limit that radiates on those little faces and bodies with arms outstretched to jump to the lap of love.
Oh Divine God that offer us so beautiful Images of Love, I praise Your Intelligence and Your Understanding, in the way that You Show us the infinite Radiant Love That Radiate, in the Faces of the Little’s Ones.
And it is certain that today, mothers have no more time then fathers in their lives for little ones and that little ones from little live in schedules of adults, some, six, seven o'clock in the morning jump to the stools of cars that lead parents to their jobs and they to their nurseries. A half dozen kilometers from Lisbon taxis carry every day the children when their parents move in opposite directions, twenty euros per day, round trip.
And sure is, and increasingly will be, that differences in the gain and in the gain between women and men will became lesser tomorrow when the opportunity for access to all, will be identically proportioned, and performance evaluation will be done for reasons others, than the differentiation of gender or sexual practices or the type of joint.
And it is certain that regardless of being a mother or father, unless breastfeeding, each one of them is able to perform all functions and tasks that a baby needs in his care, like many others in the family are, like uncles and grandparents.
Should laws understand that this equality by nature sustained in this differentiation and knowing that the child wants and needs both parents, that each parent wants to keep up with his child and that the child s are happy, grow happy and become happy adults when they have both, because they need both equally in they grow and learning, and that in the unfortunate circumstance that they could not enjoy them at the same time, that we ensure to them that they can, separately and alternated
And this do not deny or state otherwise that a children can grow up happy with a single parent, when only have one, be it blood or not, because it is love that gives and carries the mortar of happy children and adults.
Laws should understand that the difference, is establish in will and in the act of will, and love and reason that leads the will, or the lack of it thereof in loveless, even if performed by both, children and parents, is in they growing, responsibility of parents.
The ones that by the way we see and take these matters, less practical possibilities have to access and demand justice when they think they need.
Or some still think that the judgment of a child, though different, is not valid, is not as valid as an adult, and should not always be worthy of equal respect and dignity in the treatment and treat.
And parents are not only natural parents in blood, as are, those who live with them on regular basis , or even irregularly, in the measure that to be a father extend and extends by his intimate nature and purpose, to all the children s that we daily live.
And never let one parent to be a parent to a child, whether or not his blood, being near or far and the same is true for its inverse.
And each one must think very well thought if it is not true, that when a parent acts to put apart the son from other, is hurting his own son and this is an unloving act, that injures, not of love that care, and arrange and aims happiness, because it removes, instead of giving, the necessary space for the other two parts to meet and live and can heal and live in full they love.
And do not forgetting that before this is always and always will be the family, in the form that is presents itself as a family, because family in one of the faces of being, wich mean, the ones that share the days, that go together, that share the same food and the same roof, and a common walk.
And that, the justice of men should not enter the private sphere of families as if the houses had no doors, aiming to arrive tomorrow, to the day they do not need them, but until it dawns, we must adjust the right diopter to see well, that while necessary, we do well, preserving especially those parts that are damaged more easily, the children s, of more suffer by that do.
And that, the Justice and its mechanisms and access to it, be guaranteed to everyone including children s, and that men should by thought and action discover and provide this path without taking the road of a state that lives in families, because is more the contrary that happen, from Beings and families emerges the idea of state, part unsubstantial and part substance.
And it will not difficult to imagine an educational project that make justice to is name, an education for citizenship, to the rights, duties, responsibility, freedoms, education in treatment, in love respect, that children s while children s learn these ideas from the world of adults.
And for that, that is advise think to include a chapter on the basic laws and more than that, about the foundations of legal thinking, of seeing, evaluate, and judging, because then at least we put in the hands of all, the access to the mechanism of thinking laws, and thus, ensure good faith in demanding that we do to citizens to fully respect the law, and that their lack of knowledge, is not a reason to disrespect it, and that therefore do not free them of responsibility in an evil act.
For if the principle is just in its concept and overall general application, is no longer, if compel the citizen to the specific knowledge of the articulate of a specific law, and the first paragraph of article 1911 of the Civil Code was invoked in argument and accepted by Your Honor.
For I had call and declared and was accepted by Your Honor that I reserved the capacity according to what the law gives to me, to defend myself.
And if not aware of the specificity of a number of art.1911 and having questioned it, calling your attention to this fact and not having received reply or explanation, I was about this subject of your decision prevented to understand the justice, merits and fairness of its application to this situation.
That is, the law seems to give citizens the option to defend for themselves but forgot in this case the representative and executor to give the hand and the time required for teaching him, that he might understand it and argue the case against if he thought necessary.
In practical terms, was in the circumstances described, the citizen unable to defend himself on a matter that was used as a decision stone in the stair of the conclusion.
Beyond the disrespect that in my view is to ask a question and get no answer, and I always treated you, Your Honor, in all respect and normal tone of voice.
And if the citizen to whom the law gives the right to defend itself, can not defend himself in practical terms, is this not reason enough, this wound, to revert what you have established?
I still do not know the specific wording of the first paragraph of Article 1911, nor I want to do, because it seems to me common sense be the courts of law to explain it to the citizens respecting in reality by this way the rights guaranteed by the constitution and other laws of the republic.
But I remember the steps and contacts with the state since Francisco was born, the given and collected information’s, first at the hospital where he was born and then in the civil registry office and in any of these places I was ever informed of the need to make a statement stating that the custody was jointed.
And being the reality as it follows the argument from the part against, by relation between Article 1, where it is said that the mother and father lived in, a de fact union, from 1997 to 2005 and the Article 2, which says that a son was born from this union in February 18, 2000, and thus proved that, a fact union, is a face of a family that lives together and somehow have a shared custody, the custody by reason of the nature of the guard, was owned and was practiced by two, because, joint, is when the conjunct is done and set.
And I can not discover that other reason or assumption can anchor a contrary conclusion, that is accepted and it was assumed that the guard had been assigned only to the mother.
About the sentence that came out of the conciliation session.
If I understand well from your sentence that becomes letter of law for the parents until the trial that may occur in six months.
The parental guard belongs to mother
Both parents must agree when the child is with the father, but always the decision is in the power of the mother and the child can not sleep in his father's house.
The father shall pay to the mother with effect from the beginning of April a pension fixed at one hundred and fifty euros per month
This decision process was developed in the following questions and answers
What I meant and I intend to.
The custody of the child, subject to review in five years, because I believe and I aim it for its nature, together.
An agreement with the fair division of time between the three, like was practice after the parents' separation and after by the mother interrupted.
That, with the exception of expenditure on health and education, each part bear is owns without exchange of cash between the parts.
About the questioned and by the parts talking in the session.
What parents did in life.
For my part, I answer, or tried to answer, because Your Honor led the dialog without giving me the opportunity to extend my answer in the intention and fulfillment that I wanted to give you, because I feel it as necessary for your judgment not became anchor in the surface layer of the facts, as I believe that after this presentation, you will understand that much of this complexity, is not coming from me, but consequence of the relationship with the state and therefore it is also a matter of judgment.
I told you that I had a company and who was disabled because I was standing with my professional activity. Then you asked how much I had as monthly income, to which I replied that I had no income now, that I was living from past earnings. You asked me how much was the monthly income and I did not know to answer you on this subject, and the inquiry finish in this point.
I also told you and you have heard that I have a house to live with a room for Francisco where he lived in part during 2005, that I have money to take care him, that he did not got hungry or deprived living with me and I add to make it clear, that I do the laundry, the dishes, and clean the house.
Why did I not know the answer to how much money per month disposal? Because I did not account on monthly basis, neither I planning my spending on a monthly basis, in addition to the normal fixed costs.
Your Honor, I made a promise to God to spend my money accumulated until the end of it, in His Serving and as this I am doing and in that time I have essentially written and published without benefit of that activity so far any kind of income.
And Your Honor, in this promise, I put my whole heart, in its naked truth in His Hands, like this the heart forces me to be and in this intention are going my steps.
And I am not a indigent, or have I lack of capacity to work and very early in my life I started work and assure my own independence, it was a need that I felt long time ago when I was young, for the first paying job I had, I had fifteen years and I just turned 46 years.
And during all this time, many things I have done and proved that could live by my own income, created by my ideas and their embodiments. I am a man with knowledge and skills in various areas of work and practical experience in many areas
I founded the oldest independent television producer in Portugal, who made the most acclaimed series, which marked the emergence of new languages, new content and new peoples on this media. Several times I was awarded both in Portugal and abroad for work I have done or produced. I played roles from manager to sweeping, and I was gardener, babysitter, car mechanic and I know in part to build houses.
And I have two complete arms, a beating heart and a head to think and I do not believe that any law of man can force me to have to have income to demonstrate my solvency in financial matters, as in the same way the law does not distinguish parents by their economic conditions, if guaranteed the level to provide those who is in charge.
And being not the life for many men linear in aspects of income and each time less if we understand the present trends in the world, how then the court will assess this issue, what period of time will be take into account?
Do you know lady, comes to mind a semblance with an old story of a king named Solomon, who in face of two ladies that both claim to be the mother of the same child, have replay the king, then he will split into two, giving one piece to each.
It appears that the real father, then, chose to walk away.
But I do not have any indication from the Father and Mother in order to sacrifice my son.
Based on the comment above and without any prejudice of further complementary clarification that will be need, hereby, I, apply for the custody of my son and regulation of a time sharing agreement equivalent to the one that was working from 2005, that is, alternate weeks between the parents, with one day break in between.
The costs of living, encompassing housing, food, health, education and leisure will be borne by each party, without payment of cash amounts between them.
Are exceptions, being borne in equal shares, the cost of education and health.
hereby I apply for parental responsibility, insofar as the history of actions by the mother clear demonstrates in my view, that she is not prepared to exercise joint custody, situation that I make available to re evaluate in five years, because by principle, I believe that custody should be joint except in circumstances where a part harm the child as in my see has happened and happen to my son
I request parental power and fair division of the living, because I believe that the fact that my child is away from me, and me from him, undermines is happiness, is good and harmonious develop and flourish.
I request parental power, because I do not abandon my son being, namely knowing that in mother's family side there is a clear paradigm of neurosis proven with a schizophrenic stated in her family history.
I request parental authority in matters of education concerning matter of education and school, because namely because I want to change the school that my son attend
And I stress that some facts narrated, in my opinion, there should be pursued in research.
It is further noted by reading the reports from the evaluation of Francisco, the first dated November 2, 2005 begins by saying:
Child friendly, smiling, accessible, collaborative, invested in the tasks of systematic observation, without difficulty into the projective game ...
And many other features in the illustration of his personality, contradict the conclusions, noting that at date of evaluation, the child even separated, lived with both parents.
serious is when as father I read that according to the evaluation, that Francisco showed signs of anxiogenic instability, because if he revealed them, I had no knowledge of the causes, and for him to get anxious as any, it must had felt something as anxiogenic, and often this is done by someone who is close to him
According to the report, Francisco presents an intellectual development above the average of his group.
The language is developed for the age
In instrumental terms presents a profile suitable for his age group.
And in terms of affective reveals a immature structure in psychologically conflict, sensitive and impressionable, very ambivalent ...
But this structure, the links with both parents, that gave him what is assessed as positive and of course, the affective structure at the time of evaluation,was being corrupted in precision by the mother, and children always perceive and understand the adult world and their intentions in the measure of they eyes, and is then normal to express some ambivalence, plus with the background separation and reformulation of a new family in his life.
Curious, is the successive s cliches without any explanation that makes the report, a shielded vault, accessible only to those who know the meaning in technical terms, and that therefore cries as saying, believe me, because you can not understand it, and my allowed hand and recognized, awarded it.
It is curious to note that Francis that was living the separation of his family, is not to mention in the report, the closest similarity is established when says... Francisco is. a child marked by traumatic experiences of parental conflict ...
And that all his characterization resulted from the analysis of his personality, the evidenced characteristics, had never be related with so important and always traumatic fact.
And the report says, that his most acute conflicts, relate to the experience of problems of living archaic shapes, referring to the process of “castration anxiety" and "triangulation"
And after characterize the traits which in her view derive from archaic problematic, even claim, that if they do not appease, Francisco is likely to structure the uncertainty and anxiety within a framework regarded as pathological.
Arising from the life and living Francisco the affective and regular relations were not confined to parents in the first five years of life. Fortunately he had always a large presence of the grandparents on both sides and uncle, brother and mother, and during the first five years of age, Francisco lived with them more than twice a week during the afternoons until dinnertime. Francisco also attended the nursery since he can and therefore also had a socialization group and all this are relationships, the reality and substance of Francisco affections.
Not found the report, in mention the archaic outlines, the fact that the child has always slept with her mother since birth, a practice that was continued after separation by the mother, that I do not know if it continues, and it is unfortunate, because perhaps in the light of this knowledge may interpret the origin of certain features and conflict in its true root origin.
The second report with the date of February 6, 2006 says almost the same, some phrases are strictly the same, elaborated by the same strict words, added one, I confirm, before, and gives oval to a lie at its end without explaining the source of information, that since the evaluation period coincided with the removal from the father for more than a month because him, the father, had not look for him, she say , that is behavior is less volatile and that is more positive and that the child will be better, if only pass biweekly week-ends with the father.
Almost as strange as the hidden meaning of consideration number twenty four, of the against action, that says
Although the silence of the father, Francisco does not ask for him and walk noticeably more balanced, though him has completely disappeared.
It is assumed that what was disappeared, was the father, and the sense of this consideration, is the same sense of the considering of the psychiatric evaluation.
And what I find amazing is that they do such a statement, for the odd strange indeed, possibly a total lie that reveals the perversity on process and how to construct arguments, is that a son who lives with a parent during five years, four on day by day basis, and one in part, and suddenly no more question about the father when he disappeared because he was put away, not because he moved away.
What kind of father would I be, only if an ogre and a brute of the worst on earth.
The behavior that the mother had with son during the first years of life has created a kind of tie of almost unconscious osmosis, as in part are always the natures of these links, aware in another part, between child and mother.
That the father always tried to oppose, and several times with mother agreed the weaning and the mother always stuck agreements, postponing the dates in succession.
A relationship that established in this way translates equivalents characteristics described in psychiatric assessments, namely, a greater identification with the maternal figure, because this dependency has been created by the mother herself.
A relationship with this matrix relationship has and produce all the ingredients for a formation of the different sides of personality, male and female unbalanced and can lead to many tensions, both internal in child, as to the whom that carry the role of affective and sexual references, that are in first, the parents and can also create tensions in the parents that manifest themselves in they relational field and therefore are reintroduced in the child.
A relationship with this degree of dependency created by a parent to a son does not lead to the full and harmonious development of the child, and dependencies, must we never forget, always obey and bring themselves a project, an intention, and a control practice, when over another being, are made.
And all that is excessive protection or excessive freedom, brings some times bad consequences, can create serious and persistent problems and pathologies in children and in the future adults they be
On the arguments presented by the applicant and his argument, I say to finish these considerations, that the description of the facts do not correspond to reality and that they had details of what I can consider, fine picturesque form.
In number five
While disagreeing ... and full of tremors... agreed but as expected, found that the model did not work.
In number seven
... Because the defendant was unable to be as much time with the child, either because the life he led and the places he frequented were not suitable for Francisco, or because his behavior has become even more unstable and unbalanced ...
Without explaining why so understand, that the father had not so much time to be with his son, and what are these sites that she considered not appropriate and based in what argumentation to consider them not well, another example of argument used in a insinuative mode with a a judicatory form based
The abnormal time that the mother took to open the door of his house that gave to me the understand of the usual setting of the stage
And an impression that was reinforced after, that some other people at that time hid in the bathroom that opens to the living room, from where you can view the room, and then not knowing the father, the strategy or the evidences that the part that has placed the action will produce, if some photo or video about what happened in the room appear, then it would be confirm the existence of these people and put serious doubt that the fall was not a staged event, and that a prove has been fabricated. Wrong Perception and deductive reasoning, or proof of preemptive clairvoyance, the future will tell.
The mother did not show any marks of physical abuse, because she did not have any and if she will came to claim it, was done by makeup, because this do not happen. Nor do I will stay admire if appears, because anybody can easily do.
Have no hesitation the father to imagine and to anticipate all possible scenarios, even the more outlandish, as him has assisted and been confronted with a systematic anything goes principle.
Already during the year 2005 a similar impeachment situation had occurred, this time in mother's grand mother house, made by her, the grand mother, that refused that the son came out with the father , and father gave to the police, the occurred.
And explaining in detail what happened inside the house was the follow.
The father went accompanied by mother to the room where Francisco was sick in bed and checked out for himself the real son fever and had concluded if one, that would be very low and he was able to go with father to father home.
At that point mother pulled father out of bed and began to pull him away for the son, and father started tell her that she had no right to do so, that she could not push him it by force, that she could not impose her will in this way, and that he would not let this happen like that, and what happened was, they stay both front to front making strength and then unbalanced and fell both over the bed without great agitation or great excitement in this fall.
And I do not believe by what I saw, that Francisco has been particularly scared or upset because that was more dance style, because the emotions were more interior that expressed.
And I think there are times in situations of violence between couples of a psychological nature which are sometimes much more damaging than the offenses of character body and sometimes when they are often, made them resemble to torture.
And father had opportunity to learn from the mother, as one drives the other towards break by creating pressures of all kind to make do the step that in reality the other want to do without appearing to want to it.
And twice the father was physically assaulted by the mother during the time they lived together, not having the father complained about this fact, nor appreciated in this way what happened.
And to finish my comments on the comments alleged by the mother representative and reading the visitation regime that is proposed, jumps out in reasoning and thought the following:
That the proposed mechanism, three weeks in summer vacation divided into three periods of seven days each, reveals that there is an implicit intention on the part of the mother, a clear intention not to allow the child to stay for large followed periods of time with the father, at a time when by their characteristics, are strengthened and solidified the bonds of affection, and also does not explain to the father, whit whom Francisco stays the remaining holidays, since the sum of the vacation of two parents, that can eventually be overlap, is always less than the total time of Francisco vacation.
What about maintenance pension, this is one of the points that dive me into a deep unfortunate irony, because the way I feel what was your decision, is more or less this one, you take me off the child, and I still paid over to whom who did it.
And in my view, the big question in this process, for which I request by this nature, because it involve a child, the maximum urgency in it solution, lies in this statement.
A parent who deliberately acts and performs all a complex strategy to carry the child on his left, that invents, that give the say by the unsaid, that distort, that manufacture, that lie and manipulate a lot of people including the child, and by this means always lead the water to his mill in front of the other parent who behaves in the rules and act based on contrary values, is indeed the one that is hurting and badly the son
You know, Your Honor, me as father in this process fell as a victim of a terrorist act, because the action of the mother has been like a terrorist who perpetuated the actions and in this ways always creates a fait accompli.
Against the wall I feel my self in this whole process of action and consequences of the act of the mother.
And this is an issue that also brings me in a worry, because in my view, this are wrong values that are passed by example to the son, lying, teach him the way of hiding and lying, and the lack of trust instead of relying on parents, and although I can or should not want to inhibit opinions or ways of being of the mother, I pretend the right that assist me for being the father of the same child, that at least I can give him the chance to realize that the world is not necessarily like this, that he not have to act in this ways in his living, and that in these ways of living, we lose more than earn.
And if the whole process and the achieved, award who is acting as a terrorist, then what is left to the one that behavior according to the law of the heart and men, crying at times when he think as necessary, that they became more fair, that is being often persecuted for seeking and act in justice among and with his brothers.
I start to realize the temptation of some to begin to start shooting, or kill themselves and kill their own, in face of the prevalence that seems obtain the ones who badly act and the bad that by this acting creates for others especially to the sons.
In practical terms me and my son had been confronted with a set of actions that brings us apart from the Christmas time and want to keep us in this way until atrial that may occur only in six months.
And the father has not received until this date, any proposal from the mother to the division of time, as expressed by the decision of Lady Judge, nor the decision set to her a time limit to do so, and in practical terms father is still unable to be with son and is as like handcuffed, because if father want a equitable sharing time, and mother want that son will be less time with father, and been given to her the power to regulate this, the initiative can only be on her side.
According to hereby stated and argued, a sum right now a request to the court concerning the substance of the regulation of parental responsibility, the immediate concession of an agreement on division of time until the conclusion of the trial, because only by this way the due justice can became real
And Lady Judge I would also like to give to you, a account of other judgments that my see has judge
I was waiting one hour before the conference start and nobody had an explanation of what happened and an apology. The lawyer who entered the room representing the mother, is not the one that signed the action and he was not even presented to me, and therefore I not know his name, asking the court his identity.
There were two people sitting in the room in between the parties that were not presented and I do not think that is curial that matters of this nature are dealt with people strange to them without first obtaining the consent of the parts directly involved, which requires prior information.
From the above emerges a recommendation for men to think how justice can become more directly accessible to children and the much more that can be done to better protect them.
That time periods like this ones are unsustainable to resolve these issues, by the characteristics and needs, and healing capacity that always separations need when occur, that in this way, the door to a lot of damage to the child is open, and this tells us of the need to have lesser time periods, for a greater protection.
that law should consider as starting point that if the family lived together, ie, share the days in communion, the guard, should always be as depart understood as joint and while the courts do not appreciate and regulate, this reality should be extend until there, based on the various reasons that are present.
That in the case of public institutions that have child’s and adolescents, should have doors always franchised to whom society entrusted to monitor and verify the conditions in whom the they live, give them space to listen them and they views and any eventual complaints,acting always more preventive then reactive when the fact had already occur.
The responsibility of safety and security of their rights and freedoms is in the hand of all, as all are the state and therefore we all know that part of the responsibility rests with each one and in accordance whit this conscience awareness act according.
When a process who origin is reported to events for over twenty years ago,
When the witness, in light of what is reported, are repeatedly threatened
When early in the process have been mentioned photographs that were seen by some, where appeared other involved to addition to the ones that are on trial, and then disappeared
Casa Pia, twenty years of abuse, a so extended period of time, can not have as abusers, the small group of suspects who are currently in court.
Certainly the young unprotected flesh whose responsibility is in the hands of all had fed many more wolves.
The parts that are known in the general painting of the abuse of children in Portugal point by its components and sum, by their branches and distinct connections, this outlines a wider picture by the present branches and ramifications
This process and its outcome will be symbolically evaluated the ability of democracy to ensure the rights of the ones who are more in disadvantaged, that are those who society must more protect, and is fair to assume by extension that the basis and form of abuse whenever within different settings, is the same in its nuclear mechanism, and correspond to a cultural and behavioral practices that spread everywhere, and that has to do with the length of a generation and its misuse of power that they had passing through they hands.
Should then men think, what we can and must do to ensure greater protection of rights of children and adolescents.
Because they are the Golden and what matters most to defend in their own freedom.
And to the mother once again I affirm my love, because once loved always loved, and the connection that I bring with her, is in my belief, eternal, children s do not does not disrupt and these fruits are forever, but my love to her does not blind me to the her bad acting, and therefore I have to accept it and hope that one day she can accept the child and the father is entitled to live their part together and that she realize that she can not do everything she want the way she want, and that these behaviors hurt the child.
And that her behavior becomes clear and right so that with her again I can talk.
Present as witnesses, the following individuals
paulo miguel garcia miguel fernandes, father of Francisco forte
Lisbon, April 7 day of the year two thousand and six