Help Bring Helio Back Home

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.

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.