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Offline Martin

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Boyle Case - UK - Brazil
« on: June 22, 2009, 07:36:51 AM »
I am a British man, Martin Boyle, who was married to a Brazilian woman, Mara Silvia Oliveira Rezende. The result of my 15 year battle to see my daughter is that I have had my father's rights illegally removed in Brazil, my daughter has been fraudulently adopted by another man (the modus operandi in Brazil) and I have been imprisoned in Sao Paulo on a trumped up charge of non-payment of child support - all in a relentless attempt to physically block me from seeing my daughter. I have been simply unable to see my daughter since 1994 because my ex-wife and her family - with the active connivance of the Brazilian legal system and the pathetic dithering of the British authorities - has managed to run rings around everyone, hide my daughter away, commit perjury and simply refuse to cooperate with any request for access.
 
My ex-wife and I lived in the UK and Brazil and had a daughter, Rebeca, who was born in July 1992. The relationship between my ex-wife and me had not been good for some time before she became pregnant and it got worse after Rebeca was born, with my wife behaving eratically, undergoing therapy and going through a difficult co-dependant relationship with her parents.
 
In December 1992, my ex-wife engineered my firing from my post as an English teacher by turning up at my place of work and calling the secretaries there to make wild, unsubstantiated allegations against me. Her parents ended up conniving with her by having their lawyers (a family friend, since my mother-in-law is a lawyer herself) send me a letter at my home (a flat owned by my in-laws) telling me to vacate the flat. I went through a rushed custody hearing which I was not prepared for and which I only half understood and custody was awarded to my ex-wife. I was told I could visit Rebeca one afternoon every two weeks. I was also told that I had to pay £180 sterling a month in child support. I did not have a job or a home (I was sleeping on a friend's floor) because I had been engineered out of both, so I left Brazil to return to the UK to weigh up my options.
 
I returned to the UK in December 1992 seriously depressed and worked sporadically for a few months. I was unable to pay the child support stipulated but did send money when I could. During this time, neither my ex-wife nor my in-laws acknowledged the receipt of any money at all. In June 1993 I finally secured full-time work again and, in the face of persistent refusal to acknowledge the receipt of money, I opened an account for my daughter in the UK and have been depositing the child support there ever since. I did not realise that this act of love and good faith would end up with me in a Brazilian prison 16 years later on a spurious charge of non-payment of child support.
 
In June 1994, I turned up in Brazil unannounced because my letters had gone unanswered for a year. I was led on a wild goose chase around Sao Paulo by my ex-wife, Mara Silvia, before I finally got to see Rebeca in a church hall. I broke down in tears when I saw her and so did my ex-wife. I spent two days there before leaving Brazil again to go back to work. I gave Mara some money and we agreed that there would be regular contact through letters and telephone. Little did I know that she had no intention of maintaining contact. Once again, my letters and calls and money transfers went unacknowledged.
 
In 1997, after years of non-cooperation from Mara, I divorced her in Britain under English law. She was fully informed through her lawyers and they sent a letter in response only after they had received the decree nisi from the English court. Mara herself refused to respond.
 
After the divorce, I tried to maintain contact with Rebeca by telephone through my ex-in-laws and there were brief periods when I thought that we were reaching an understanding and I chatted with Rebeca on the phone. She knew that I was her daddy and said she loved meand wanted us to be a family. I said that that was my dearest wish as well. I continued to put the child support payments in Rebeca's account in the UK because Mara and her family simply refused to acknowledge any letters or money transfers. Gradually, contact petered out because the ex-in-laws refused to pass on messages. Mara had long since disappeared with Rebeca and I did not know where she was. I continued putting the child support in Rebeca's UK account though.
 
I remarried in 1999 and it was when I finally managed to contact Mara and tell her in 2002 that contact was broken once and for all and the legal jiggery pokery and bad faith and lies began in earnest. When I told Mara that I had remarried she screamed hysterically down the phone, prompting Rebeca to start screaming too (it was later alleged that I had made Rebeca cry). That was the last time I ever heard my daughter's voice. She was 10.
 
In 2004 I again started campaigning in earnest to try and make contact with Rebeca. My ex-father-in-law, Milton Pessoa Rezende, promised to take me to see Mara and Rebeca if I came to Brazil. I started writing and emailing through him but still received no reply.
 
Frustrated and driven to distraction, I boarded a flight to Sao Paulo in an attempt to see my daughter. I made contact through my ex-mother-in-law, Maria Josefina Oliveira Rezende, who said she would contact Mara but instead, in a grotesque act of bad faith, contacted a lawyer instead. I myself took on a lawyer who, it turns out, probably thought that this would be a straightforward access/ money issue, but who underestimated the bad faith of the Rezende family. In the end I did not see my daughter and returned to the UK heartbroken. I had made a denuncia, or official police report in Sao Paulo, but nothing was done about it.
 
Between 2005 and 2008 I tried the following means to see my daughter:
 
1. The British Consulate in Brazil.
2. The Foreign Office, Child Abduction Unit.
3. Neil Gerrard, MP.
4. The Office of the Official Solicitor.
5. International Social Services.
6. Office of the Parliamentary Ombudsman.
7. Brazilian Central Authority (Federal Authority), and Interpol.
8. Kent Constabulary, (UK regional police force) - Interpol.
9. Reunite.
10. Missing Persons.
11. Brazilian Federal Police, through which I made a denuncia (accusation) in 2005.
12. The Brazilian Embassy in London
13. Brazilian Social Services.
14. Internet social networking sites.
15. Two private lawyers in Brazil, one of whom ripped me off and did nothing, and the other (recommended by the Brazilian Federal Authority) who simply disappeared before doing any work on the case.
 
I have also made three Data Protection Act requests to the Foreign Office, the Office of the Parliamentary Ombudsman and the Office of the Official Solicitor and have uncovered evidence of a degree of duplicity and bad faith on the part of the UK authorities which would cause complete disbelief it were presented as an episode of Yes Minister (e.g. attempting to establish that my daughter had no right to British citizenship so that they could 'get rid of this chap' and 'wash our hands of the matter').
 
None of these organisations have been able to do anything because my ex-wife has simply refused to cooperate. She has refused to divulge her address, has impersonated a lawyer on the phone to Brazilian social services and the Brazilian Central Authority and claimed to have had my daughter adopted by her new partner on the grounds that I was uncontactable.
 
 
The final straw came in June 2008 when I called a woman at the Brazilian Central Authority who had been dealing with my application under the Hague Convention. I had struggled since 2006 to get the Central Authority to agree to pursue the case under the Hague Convention. They finally agreed in December 2007 after Reunite had called Alex Marinkovic at the Office of the Official Solicitor and asked him to request the Brazilian Central Authority to do this (they had previously refused, so it seems that personal requests carry weight in this area). I dealt with two people in the Brazilian Central Authority, Patricia de Texeira Lamego Soares and Lalisa Froeder Dittrich. They told me that we needed to be quick because the hague Convention did not apply to children over the age of 16, and my daughter would be 16 on 23rd July 2008. We put a case together, and Lalisa Froeder told me that as long as the case went to the AGU (Brazilian Federal Court) before my daughter's 16th birthday, they would deal with it. She and Patricia Soares contacted Alex Marinkovic on 26th May to say that the case had been sent to the AGU and that they would deal with it in about a month. Between then and yesterday, I had no replies to my emails to them. Yesterday, when I called Lalisa Froeder, it transpired that she had gone on maternity leave and had not arranged to have my emails forwarded to her colleague, Stella Chimarrelli. Ms Chimarrelli, however, informed me that the case had been rejected by the AGU on the grounds that my daughter was ALMOST 16, and that they had sent the documentation to Alex Marinkovic in London by normal mail, even though they knew that there was a postal strike in Brazil. They had made no attempt to email me, even though they knew that I was in regular contact with them. If I had not called, the deadline of my daughter's birthday would have passed and I would have been none the wiser. You could not make this story up, and it confirms accusations of Brazilian non-compliance with the Hague Convention. It also shows that my ex-wife's strategy of non-cooperation, refusal to divulge her address and her simply hanging on until my daughter's 16th birthday has paid off for her.

 
In June 2008 I again returned to Brazil in-person to try and see Rebeca. I was hoping to force an agreement on access and was willing to hand over Rebeca's UK bank account. I never imagined in my wildest dreams what would happen. On arrival at Guarulhos airport I was taken into custody by federal agents and put in a 3mX4m bare cell with 15 - 20 criminals on a charge of non-payment of child support (Brazil runs an archaic system of debtors' prisons a bit like those portrayed in the novels of Charles Dickens). I had offered to pay there and then at the airport but was told that either someone else would have to pay or I would have to serve 60 days. My father sent the money that was officially being claimed but was told by the British consulate that it wasn't enough. In fact the British consulate ended up conniving with the Brazilian authorities in a disgraceful example of duplicity. My lawyer got me out on appeal after 15 days but not after he had informed me three days into my imprisonment that I had had my fathers' rights (patrio poder) officially removed and that Rebeca had been adopted by a man I had never even heard of in 2003. I had never even been summonsed or contacted about it and did not even know the name of this man. I have subsequently found out that his name is José Augusto Dos Santos Sá and he lives in São José dos Campos in Sao Paulo. Rebeca has had her birth certificate changed without my knowledge or permission and her name is now Rebeca Rezende Sá. Even my parents' names have been removed and replaced with those of José Augusto Dos Santos Sá's parents - people who are not her blood relatives.
 
Mara Silvia Oliveira Rezende is now Mara Silvia Rezende Sá, and she has behaved with extreme duplicity along with her mother and father in this matter. She has lied and delayed, refused access to the British Consulate and to Social Services in the city of Itu, Sao Paulo. She called social services posing as a lawyer and there has been no comeback. She has acted with complete impunity. Right up until the point at which I was imprisoned in July 2008, she and her parents had kept to the position that they had nothing against my seeing my daughter - just that she needed to be 'psychologically prepared'. When she found out that I was in jail, howver, she apparently danced for joy and said, 'he will never see Rebeca as long as he lives. I hope they deport him without a stitch on his back!' She was completely uninterested in discussing either access or money. I have managed to get this far with the support of friends. I sometimes feel like giving up completely and putting everything in a box marked 'another life' but then I dream about my daughter, wake up breathless and sobbing and know that I have to keep on struggling. It is love that makes me do it.

Offline caique mateus

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Re: Boyle Case - UK - Brazil
« Reply #1 on: June 22, 2009, 08:24:37 AM »
You couldn't make something like this up. I know there is a documentary called "A Morte Inventada" about parental alienation, but where is a Michael Moore to show this to the world?
 
How do these people (mostly women, apparently) develop to this point? Do they have some kind of club where they meet and exchange ideas of how they are going to torture the ex's and their kids today? Did they torture pets as kids? Were they bullies as students? How is that possible? How is all that possible? How do these people function in society? Where are their friends and family? No one talk to them about this? How is that possible?

Offline cathlabnurse

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Re: Boyle Case - UK - Brazil
« Reply #2 on: June 22, 2009, 10:09:56 AM »
OMG ! they are really good with this kind of modus operandi. I guess this will make you think not to get involved with somebody not within your culture. All these cases of abduction involves two different countries and it is so hard to implement the Haque Convention.

Offline Mom25

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Re: Boyle Case - UK - Brazil
« Reply #3 on: June 22, 2009, 10:22:10 AM »
Martin, you have given a huge amount of details here. How old is your daughter now? 16? have you thought about contacting the media? I am AMAZED how can one replace a birth certificate like this. Do you have your daughter's Brazilian and English birth certificates with you (uk - the long form)?
 
I am so sorry for your 'loss' here, maybe you can find the answers you need through this site and through our work here. I really don't know what else to say after reading about your saga. To un-do what is done, will take a huge amount of money, time, energy, preparation, all over again and again....
Mom25 (She of Many Names)
A união faz a força

Offline Martin

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Re: Boyle Case - UK - Brazil
« Reply #4 on: June 22, 2009, 03:33:55 PM »
Thanks for this. I know there's a lot there, but it's not even the half of it - believe me :-) I have my daughter's original Brazilian and British consular birth certificates issued in Sao Paulo in 1992 but the other side can do whatever they want because they are rich and have connections - like Sean Goldman's mother's family.
 
Do you think it would be possible to get this listed as one of the Other Abduction Cases on this forum?

Offline ks63

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Re: Boyle Case - UK - Brazil
« Reply #5 on: June 22, 2009, 04:58:00 PM »
It seems that Bruna's family is following your ex wife's path. I guess we can all get ready for more nasty surprises.

Offline Herb Wife

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Re: Boyle Case - UK - Brazil
« Reply #6 on: June 24, 2009, 03:08:25 PM »
Martin,
 
 Welcome.
 My heart goes out to you.
I hope all that is done here somehow helps you directly  as well.

Offline SageDad

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Re: Boyle Case - UK - Brazil
« Reply #7 on: June 24, 2009, 05:09:31 PM »
Welcome Martin.  I'm glad you found BSH.  I hope together we can do something to change things for our children and future children and parents.  I believe that no one understands the issue of international child abduction better than the left behind parents and children that live through it.  Together we can make a difference.
“What you seek is seeking you.”
― Rumi

Offline Martin

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Re: Boyle Case - UK - Brazil
« Reply #8 on: June 24, 2009, 05:33:15 PM »
Thanks Carlos. I'm feeling a lot more confident now.

Offline caique mateus

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Re: Boyle Case - UK - Brazil
« Reply #9 on: June 26, 2009, 03:21:00 AM »
This case should be in "other abduction cases", no?
 
Maybe an administrator can do this?

Offline Martin

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Re: Boyle Case - UK - Brazil
« Reply #10 on: June 26, 2009, 03:54:00 AM »
Yes. The administrator needs a timeline and some documentation from me and I'm a bit busy at work. Possibly after the weekend...

Offline claudia

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Re: Boyle Case - UK - Brazil
« Reply #11 on: June 26, 2009, 07:59:31 AM »
You and your daughter are now in our thoughts and prayers for ''peace, justice and reconciliation".
Please help us spread the petition to the brazilian supreme court concerning the Hague Convention : http://petitiononline.com/88010301
(to be sign by brazilian citizens).
God bless you all.

Offline Martin

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Re: Boyle Case - UK - Brazil
« Reply #12 on: July 06, 2009, 04:29:15 PM »
There is now an Orkut community for my daughter - Justica Rebeca Rezende Boyle
. Please join up and help me get it going. Thanks.
 
http://www.orkut.com/Main#Community.aspx?rl=cpn&cmm=91658377

Offline Shar

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Re: Boyle Case - UK - Brazil
« Reply #13 on: July 06, 2009, 11:37:07 PM »
Martin...There aren't enough words to describe the anger, disgust and sadness I feel from reading the history of your case.  i can't begin to imagine the pain and frustration you've endured.  How I hope that this forum will pave the way for you (and other left behind parents) to reunite with your children.  

I've also thought that Michael Moore or someone else needs to do an international documentary of many of these horrendous cases.  You're right...It's utterly impossible to make up something so breathtakingly heartless and diabolical.  

How can Brazil's judges make such a practice of allowing the lying, cheating and conniving mothers and maternal families of these children to demolish families and destroy lives?!?!  It's hard to believe the Ribeiros and LeS...as hateful and deceitful as they are...obviously are not unique.  It's as if they all use the same playbook--maternal families, new spouses and judges included.  Beyond sickening.