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Author Topic: Birotte Abduction Case  (Read 15628 times)

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Offline tweinstein

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Birotte Abduction Case
« on: March 04, 2009, 06:27:56 PM »
Received in an email from Mr. Birotte

My son was born on 8-29-05 in Las Vegas at 9 AM. I was so happy; I never felt joy and happiness like this before. I was a chef at CAESARS PALACE at the time. My wife did not work and she did not like me working all of the time either.

Her name is Hilma Aparecida Caldeira and she is a volleyball player. On 4-18-06, she and my son went to Brazil for 3 months to help care for her sick brother. I told her, "Let's go to Houston so my family can see Kelvin before you leave for Brazil." She way OK with that. She then left for Belo Horizonte, Brazil.

When it came time for her to return from Brazil, she asked for more time. At this point, I became concerned and went to the Brazilian Consulate in Houston to see if they could help me. They told me to give her more time. What I did not know was that after 4 months, she would be able to file papers in Brazil for our son's residency and citizenship.

Again, I contacted the consulate for help. They literally laughed at me and told that before 4 months had passed, he was not a resident citizen in Brazil and that I would have stood a chance to get him back with the court's involvement. At this point, I knew that I had to go to Brazil. I immediately went there and was able to be with my son for his second birthday. It was extremely sad. My wife gave me a hard time and did not allow me to be alone with him. I cried when I had to come back home without him.

When I got a call about a court date in Brazil on 3-11-08, I was so happy to go and see my son again. We played every day that I was in Brazil. However, I was still not allowed to be alone with my son at the park, in the mall, or even in my hotel room. Her family members had to be near us at all times.

At the hearing, the judge did not seem to understand what the Hague Convention was and did not seem to care. He asked me and my wife questions ab
out our life together. He did not make a ruling at that time. Rather, he asked me for proof that I had a job and a place to live. I complied with all of the judge's requests. As of 6-1-08, the judge has had everything he needs to make a ruling, yet as of today, he has yet to do so.

At this point, my wife will not let me see my son because I will not give her money. I responded to her that I could not because of the huge legal fees I have paid to get my son back. She has threatened me that she will find a new husband and father for my son and that I will never see him again. When I call her phone, she does not pick up.

It is very sad that in the U.S.A. and Brazil there are thousands of fathers that do not care about their children while many of the ones that do, have their heart and soul ripped out of their body. The pain and tears I feel never stop. My family and friends tell me that they understand, but I feel they do not. This ordeal has broken my spirit and I will never be the same.

Offline sue

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Re: Birotte Abduction Case
« Reply #1 on: March 04, 2009, 07:31:16 PM »
How can these women get away with threatening the fathers?  Can't this be told to a judge?  I can't believe this.  What a nightmare.

Offline tweinstein

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Photo of Kelvin Birotte
« Reply #2 on: March 05, 2009, 10:19:58 PM »
[ATTACH]4[/ATTACH] Here is a photo of Kelvin Birotte before he was abducted.

Offline tweinstein

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Photo of Kelvin Birotte
« Reply #3 on: March 05, 2009, 10:23:34 PM »
[ATTACH]5[/ATTACH]Here is a photo of Kelvin Birotte.

elle

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Re: Birotte Abduction Case
« Reply #4 on: March 09, 2009, 03:25:53 AM »
Oh my goodness, so sad. All of these stories just break my heart. It's just not right. It's not fair. My thoughts and prayers go out to all the fathers and mothers who are left in situations like this. It seems to happen more often to the fathers though.
The way you describe the "help" you received at the Houston Consulate raises concerns for me. I hope I am understanding this correctly, if not please clarify.
First they told you not to worry about it, give her more time. Then when you went back, they laughed at you? Because they knew that four months had gone by and the mother would've had time to register Kelvin as a Brazilian? It sounds like they played a part in helping the mother keep your child there. The Consulate looks like they are doing favours for fellow Brazilians and not doing any for Americans to help regain their children.
The judge in your case, also questionable. Why are they making custody decisions, they have no authority to do so. Kelvin should have been sent back and custody would be decided here, in the US. If they don't know anything about the Hague Convention, then why do they even enter theses case into their judicial system. Why did they become signatories, if no judge in Brazil knows what to do with it. Every judge who is going to hear and make rulings in cases such as these, should have at the very least, a basic understanding of the Hague Convention.
My hope is that, through all the attention that Davids and Seans case provides, it will also bring change, understanding and resolve all the cases that are currently held up in the Brazilian courts.   Thank you for sharing your story, all my best to you and Kelvin.

Offline Andie_FL

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Re: Birotte Abduction Case
« Reply #5 on: March 09, 2009, 09:25:31 PM »
and she has her own website
http://www.hilma.com.br

Offline mfer

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Re: Birotte Abduction Case
« Reply #6 on: March 18, 2009, 07:02:21 PM »
Hi, is your name also Kelvin?  I am contacting your Senators & am sorry to hear your story.  I am asking them to co-sponsor Senate Resolution 37 &  to do all they can to help support you. I hope you will have Kelvin home soon.  Stay strong & be well.

Offline forthelost

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Re: Birotte Abduction Case
« Reply #7 on: June 07, 2009, 04:51:35 PM »

Offline carlaleader

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Re: Birotte Abduction Case
« Reply #8 on: July 02, 2009, 11:32:59 AM »
I just sent her an email through her website.  This is what I wrote:
 
By illegally abducting your own child and preventing him from seeing his father, you have damaged him forever.  Your child will never be the same and one day, when he grows up and hears the truth about what you did, he will never forgive you.  Children deserve both parents, whether they are together or apart.  What you have done is unforgivable.  

You clearly love yourself more than your child; have your own agenda that you put before his.  You really should be ashamed of yourself.  I don't know how you sleep at night.

Offline Wendy

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Re: Birotte Abduction Case
« Reply #9 on: July 29, 2009, 12:14:51 PM »
So devastating for you and for your little boy.  I hope that BSH can make a difference to all of these children!  He's absolutly ADORABLE!!
History has demonstrated that the most notable winners usually encountered heartbreaking obstacles before they triumphed. They won because they refused to become discouraged by their defeats.
 
~ B. C. Forbes ~
 
"It doesn't matter which way you cut this. If you abduct a child from a country and remove it from its parents, its other parent and its extended family and its culture, it is one of the most extreme forms of child abuse that you can inflict upon a child."

well said by Ken Thompson.

Offline NativeNewYorker

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Re: Birotte Abduction Case
« Reply #10 on: January 05, 2010, 11:44:06 PM »
I'm a newbie to the forums and was just wondering if there has been any update on Mir Birotte's case?

Offline Celita

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Re: Birotte Abduction Case
« Reply #11 on: March 06, 2010, 10:12:56 PM »
We read and get so mad but we need to get the control and use the right strategy when we fight  for our rights.  The other side
doesn't want to lose so we can't expect flowers and candies. I just didn't understand the story about  Brazilian Consulate in Houston, because I know each one of them and they are mature and serious  people. Sometimes it can be misunderstanding  , but to say they laugh at you, it's hard for me to . They have no reason to laugh at you. Sometimes a person smile trying to be friendly.  I'm very sorry that you suffering and going to all these problems. I wish I could help you. May God give you peace , and bless you in all the ways.

Offline Celita

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Re: Birotte Abduction Case
« Reply #12 on: March 06, 2010, 10:24:00 PM »
The web site  in English explain what kind of service the consulate offfer

http://www.brazilhouston.org/ingles/index-i.htm

Offline liesl78

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Re: Birotte Abduction Case
« Reply #13 on: April 19, 2010, 08:55:54 PM »
Mirley from BSH Orkut just posted this link saying Kelvin is being sent back to the US!

http://www.sidneyrezende.com/noticia/82773+extradicao+de+menino+para+os+estados+unidos+relembra+o+caso+sean+goldman

Outro caso de criança a caminho de casa (EUA)
Extradição de menino para os Estados Unidos relembra o caso Sean Goldman


Depois do caso do menino Sean, que foi extraditado para os Estados Unidos para viver com o pai, outro caso chama atenção no Brasil. A ex-jogadora de vôlei Ilma Caldeira deixou Las Vegas em 2005 com o filho de apenas 8 meses nos braços para morar em Minas Gerais

O pai da criança denunciou Ilma por sequestro internacional e a justiça brasileira decretou que o menino deve ser apreendido e levado para os Estado Unidos. Porém, a decisão final cabe à justiça americana. A brasileira pode acompanhar o filho na viagem.

ETA: the photo of Hilma & Kelvin can be seen here:
http://www.uai.com.br/htmls/app/noticia173/2009/12/24/noticia_fimdeano,i=141423/HILMA+CALDEIRA+ESPORTISTA.shtml
« Last Edit: April 19, 2010, 09:12:35 PM by liesl78 »
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Offline UD_student

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Re: Birotte Abduction Case
« Reply #14 on: April 19, 2010, 09:36:33 PM »
That is fantastic news!! It definitely took an absurdly long period of time, however, I'm guessing that means the judge finally ruled that Kelvin needed to be returned to the US and it wasn't appealed.