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Author Topic: Brazilian Press reports second child being returned from Brazil to U.S.  (Read 11710 times)

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Offline sue

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Re: Brazilian Press reports second child being returned from Brazil to U.S.
« Reply #15 on: April 23, 2010, 02:53:58 PM »
So she did not file an appeal and the child is ordered to go home with the father?  And now they cannot locate the child?  It's hard to read that article with google translate.

Offline M.Capestro

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Re: Brazilian Press reports second child being returned from Brazil to U.S.
« Reply #16 on: April 23, 2010, 05:55:50 PM »
This is the google translation of the G1-Globo story. Reading the ariticle it sounds like the mother and Kelvin Jr have been located and that she has indicated that she will not interfere with the return order. However the lead in to the story says the lawyer's file an appeal. I'm confused too.


Justice requires that former volleyball player handed the father the son in the U.S.
Federal Court decides that MG boy four years to be delivered to the parent.
Hilma Caldeira lawyers filed appeal in the TRF.

23/04/2010 13:25 - Updated 23/04/2010 14h42

The former player of the Brazilian Volleyball Hilma Caldeira Ali, 38, will have to return her son Kelvin Boiler Birotte of four years for the child's father, the American Kelvin Birotte. The deadline for the child to the Brazilian wins on Thursday (29). The ruling by Judge John Otoni César de Matos, the 19 th Federal de Minas Gerais, on the 14th of this month. She was sued by her former husband in 2006, based on action by the Hague Convention on charges of international kidnapping of children. Hilma's lawyers filed appeal in the Federal Court (TRF) in Brasilia. The case is under secrecy.

In another case, a federal court ruled in June last year, the boy Sean Goldman be returned to the biological father who lives in the United StatesDavid Goldman.

According to information from U.S. consulate in Rio de Janeiro, Birotte landed in Rio de Janeiro this week, and plans to return the boy to the United States. A representative of the consulate is following the case in Federal Court, but did not disclose the whereabouts of his father in Brazil. Birotte came to put a picture of his son on a site for missing children in the United States and released a phone for possible information on the location of the boy.

In the text of the decision of the Federal Court, Judge John Otoni determined the search and seizure of the boy and return the child to the United States. The magistrate also said, "still considering the losses related to the retention time of illegal child (...) defiro anticipating the effects of guardianship for the child, enabling monitoring of the mother, be seized and handed over to her passport within ten calendar days. " Were appointed two officers of Justice to find the child. They may use police force to meet the court order.

The document also cites the integration of the child in half now, with his mother and family in Brazil, besides the lack of familiarity with the father and the difference in language between countries. The boy came to Brazil with her mother under 1 year of age. Magistrate goes to the authorities of the United States Justice responsible for deciding whether the good of the child will remain with the mother or the father. The decision also guarantees the right to Hilma have contact with the child when you are in the United States, failing to reverse the current court ruling, according to the terms of the Hague Convention.

Mother shaken

Gilberto Antonio Guimaraes, Hilma's lawyer said the former athlete is very upset at the possibility of separating the child. "She represented the country very well and, by the way, through sports. She never got around to face Brazil and now that she is not going to do it. Hilma will not create difficulties for the fulfillment of the ruling. It is not missing, runaway, just collapsed at his home to absorb this moment. "

Another former player's lawyer, Fabio Candido Ramos told G1 that no longer makes personal contacts with Hilma. "Just talk to her by phone. I do not know where she is." The report of G1 called Hilma's home, but nobody answered the calls.

Guimaraes cited Articles 12 and 13 of the Hague Convention to justify the permanence of the son of Hilma in Brazil. "The two articles deal with the child spent in the current residence on the high degree of integration that it has at home, with family, with friends from school and the region where you live. That's more than proved, and even if the judge has cited this in his decision, even opted for returning the child to the father. It is incomprehensible, "said the lawyer.

The transfer of the boy to the United States will be funded by the Brazilian government.

Offline lovellboys

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Re: Brazilian Press reports second child being returned from Brazil to U.S.
« Reply #17 on: April 23, 2010, 06:27:49 PM »
Guimaraes cited Articles 12 and 13 of the Hague Convention to justify the permanence of the son of Hilma in Brazil. "The two articles deal with the child spent in the current residence on the high degree of integration that it has at home, with family, with friends from school and the region where you live. That's more than proved, and even if the judge has cited this in his decision, even opted for returning the child to the father. It is incomprehensible, "said the lawyer.



This is the norm in Brazil......delay enforcement of the Hague enough to utilize these two articles.  Let's see if the wheels go up. 

Offline SageDad

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Re: Brazilian Press reports second child being returned from Brazil to U.S.
« Reply #18 on: April 23, 2010, 08:17:25 PM »

This is the norm in Brazil......delay enforcement of the Hague enough to utilize these two articles.  Let's see if the wheels go up. 

Not just in Brazil.. that is the norm in almost every Hague case worldwide.
“What you seek is seeking you.”
― Rumi


Offline JuliRosi

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Re: Brazilian Press reports second child being returned from Brazil to U.S.
« Reply #20 on: April 24, 2010, 02:39:37 AM »
News about the case (04/23):

I didn't have time to translate, however the more important informations are:

1-Mother has to return the child to the USA
2- Her lawyer spoke about Habeas Corpu in order to not return the child
3- He said that the wedding was in Brazil. It i a lie. The wedding was in Las Vegas!

http://noticias.uol.com.br/cotidiano/2010/04/23/justica-determina-que-ex-jogadora-de-volei-da-selecao-devolva-filho-ao-pai-americano.jhtm

 

Offline tweinstein

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Re: Brazilian Press reports second child being returned from Brazil to U.S.
« Reply #21 on: April 24, 2010, 06:20:15 AM »
The transfer of the boy to the United States will be funded by the Brazilian government.
This is interesting. I fully believe that there are people in Brazil who want to comply with the Hague Convention. The problem lies almost exclusively in the judicial branch.

Offline M.Capestro

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Re: Brazilian Press reports second child being returned from Brazil to U.S.
« Reply #22 on: April 24, 2010, 07:33:19 PM »
News about the case (04/23):

I didn't have time to translate, however the more important informations are:

1-Mother has to return the child to the USA
2- Her lawyer spoke about Habeas Corpu in order to not return the child
3- He said that the wedding was in Brazil. It i a lie. The wedding was in Las Vegas!

http://noticias.uol.com.br/cotidiano/2010/04/23/justica-determina-que-ex-jogadora-de-volei-da-selecao-devolva-filho-ao-pai-americano.jhtm

Justice requires that ex-volleyball player's selection return to the American father son

Rayder Bragon, Special to the UOL News
In Belo Horizonte
23/04/2010 - 17h42


 By court order, the former player of the Brazilian Volleyball Hilma Caldeira must surrender the child KCB, age 4, father, American Kelvin Birotte.  The two locking legal battle since 2006 for permanent custody of the child.  She was sued by ex-husband based on the Hague Convention, of which Brazil is a signatory, on charges of international kidnapping of children.

 The sentence was issued by Acting Judge of the 19 th Federal de Minas Gerais, Otoni João César de Matos.  Wanted by the report of UOL News, the judge said he would not talk about the case because the proceedings take place in secrecy.

 According to Gilberto Antonio Guimaraes, a lawyer for the former player, she won in March last year, the 9th District Court of the Family of Belo Horizonte, divorce and permanent custody of the child.  The marriage between the two occurred in Brazil, according to Guimarães.

 "Faced with this decision process, which has become final [no longer fits appeal] in Belo Horizonte, I wonder how the situation is the country's national sovereignty.  The United States can decide who the child should stay, but what about the decision by Brazil, not? "Asked the lawyer.

 The defense entered this week with an application for habeas corpus in the Federal Regional Court of the 1st Region, in Brasilia.  According to Guimaraes, the ruling has set the deadline of 29 days to return the child.

Adaptation

 The lawyer for former player said that the child is adapted to Brazil and "neither speaks English and knows no one's father's family."

 "Even the Hague Convention, in Article 12 and Article 13 says that if the act of a decision to return the child, the child is already set in the place she was taken, the determination is to be refer her to the country of origin, because otherwise it will bring trauma to the child, "he said.

 The lawyer hopes that habeas corpus is granted as soon as possible.  "It was not to take so long because it is a legal measure of urgency," he said.

 Defence lawyers said the former player will not comment on the case.


Offline M.Capestro

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Re: Brazilian Press reports second child being returned from Brazil to U.S.
« Reply #23 on: April 24, 2010, 07:40:17 PM »
Sure...now that the world is watching and waiting for them do the right thing, now they think it's urgent...

Quote
The lawyer hopes that habeas corpus is granted as soon as possible.  "It was not to take so long because it is a legal measure of urgency," he said.

Guess what, buddy, it's been urgent since the day she told Kelvin Sr that she decided to take the law into her own hands and illegally retain their son in Brazil.

Offline JuliRosi

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Re: Brazilian Press reports second child being returned from Brazil to U.S.
« Reply #24 on: April 24, 2010, 07:45:40 PM »
There is update on Folha de São Paulo. They said that since almost one week the mother  and the child were not at her home. Besides that, She was  very nervous and  afraid that they took the child away from her and there was a Habeas Corpus in order to not return the boy to the USA which was not judged!

Offline JuliRosi

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Offline JuliRosi

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Re: Brazilian Press reports second child being returned from Brazil to U.S.
« Reply #26 on: April 24, 2010, 07:57:40 PM »
24/04/2010 - 07h52
Justiça manda ex-jogadora de vôlei devolver filho aos EUA
Publicidade
JOHANNA NUBLAT
da Sucursal de Brasília

Em mais um caso de disputa internacional pela guarda de uma criança, a Justiça Federal em Minas Gerais determinou que o filho da ex-jogadora de vôlei Hilma Caldeira, 38, medalhista olímpica em 1996, seja levado para os EUA, onde nasceu.

A Justiça americana determinará de quem é guarda da criança, hoje com quatro anos.

A decisão, publicada no dia 20, dá dez dias para que a criança seja entregue às autoridades brasileiras. Ainda se trata de uma sentença de primeira instância, e a defesa da ex-jogadora afirma que já recorreu para tentar suspender a decisão.

A Advocacia-Geral da União, que defende a volta da criança para os EUA, espera a "localização da sra. Hilma para cumprimento do mandado de busca e apreensão referente à criança".

Hilma foi casada entre 2004 e 2006 com o americano Kelvin Birotte, com quem teve o garoto. Os dois se conheceram quando ele era chef na cozinha de um hotel em Las Vegas. Em 2006, mãe e filho viajaram ao Brasil para passar três meses, segundo afirmou à Folha o pai da criança, que acompanha o desenrolar do caso no Rio. "Ela me ligou e disse que não voltaria", afirma Birotte.

Gilberto Guimarães, advogado da ex-jogadora, diz que, em outro processo ela havia conquistado a guarda da criança. A situação envolve mais uma vez a Convenção de Haia, da qual o Brasil é signatário, que regula o sequestro internacional de crianças. Pela decisão da Justiça, a mãe deve acompanhar a criança até os EUA.

Para o advogado da medalhista, o fato de a criança já estar adaptada ao Brasil deve ser levada em conta, conforme prevê a convenção.

"Ele tem mãe, vai à escola, tem bicicleta, afetividade da vizinhança. É indiscutível que ele está adaptado", diz Guimarães.

O advogado Ricardo Zamariola Junior, que defendeu o americano David Goldman em outra disputa, pelo menino Sean, enfrentou argumentos semelhantes antes de vencer o caso. Ele se defendeu dizendo que, segundo a convenção, a adaptação no novo país de residência só deve ser avaliada pelo juiz se o genitor que pede a volta do filho tiver demorado mais de um ano para pedir a guarda.

Paradeiro

Hilma deixou sua casa em Belo Horizonte há cerca de uma semana com a criança, segundo vizinhos. Um amigo, que não quis se identificar, disse que falou com a ex-jogadora ontem, por telefone, e que ela está muito nervosa.

Hildson, irmão da ex-atleta, que mora em Diamantina (MG), confirmou a viagem, mas disse não saber onde ela está. O ex-jogador de vôlei Pelé, também amigo, diz que conversou com ela há dois dias. Segundo ele, Hilma não revelou onde estava, "com medo de que alguém levasse o menino".

Colaboraram a Sucursal do Rio, a Agência Folha e JAMES CIMINO, da Reportagem Loca

Offline M.Capestro

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Re: Brazilian Press reports second child being returned from Brazil to U.S.
« Reply #27 on: April 24, 2010, 07:59:15 PM »
Here's the Google translation:

Court orders ex-volleyball player son return to the U.S.
24/04/2010 - 7:52 a.m.
JOHANNA NUBLAT
of Sucursal de Brasília


In another case of international dispute for custody of a child, a federal court in Minas Gerais determined the son of a former volleyball player Hilma Caldeira, 38, Olympic medalist in 1996, be brought to the U.S., where he was born.

A U.S. court will determine who is custody of the child, now four years.

The decision, published on the 20th, ten days to give the child to be delivered to the Brazilian authorities. It's still a sentence of first instance, and the defense of former player claims to have already resorted to trying to suspend the decision.

The Solicitor-General of the Union, which advocates the return of the child to the U.S., waiting for "Mrs. location. Hilma to comply with the search warrant and arrest on the child."

Hilma was married between 2004 and 2006 with the American Birotte Kelvin, who had the boy. The two met when he was a chef in the kitchen of a hotel in Las Vegas. In 2006, mother and son traveled to Brazil to spend three months, he said to Sheet the child's father, who follows the course of the case in Rio "She called me and said never again," said Birotte.

Gilberto Guimarães, lawyer for former player, said that in another case she had won custody of the child. The situation involves more once the Hague Convention, of which Brazil is a signatory, which governs international child abduction. By court decision, the parent must accompany the child to the U.S..

For the lawyer's medal, the fact that the child had already been adapted in Brazil should be taken into account, as envisaged in the Convention.

"He has a mother, goes to school, has bike, affection of the neighborhood. It is undisputed that he's adapted," said Guimaraes.

Attorney Ricardo Zamariola Junior, who defended the American David Goldman in another dispute, the boy Sean, faced similar arguments before winning the case. He defended himself by saying that according to convention, the adjustment in the new country of residence should only be assessed by the judge if the parent requesting the return of the child has lasted over a year to ask for custody.

Whereabouts

Hilma left his home in Belo Horizonte for about a week with the child, neighbors said. A friend, who declined to be named, said he spoke with former player yesterday by telephone, and she is very nervous.

Hildson, brother of former athlete, who lives in Diamantina (MG), confirmed the trip, but said he did not know where she is. Former volleyball player Pele, also a friend, says she talked with her for two days. He said Hilma did not reveal where he was, "afraid that someone would take the boy."


Offline JuliRosi

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Re: Brazilian Press reports second child being returned from Brazil to U.S.
« Reply #28 on: April 25, 2010, 08:31:01 AM »
Thank for posting the translation!

Offline NativeNewYorker

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Re: Brazilian Press reports second child being returned from Brazil to U.S.
« Reply #29 on: April 25, 2010, 08:47:43 AM »
If she's using a cell phone, she can be tracked, if she's using a landline it's possible to get records of those calls as well. She's spoken to her brother and Pele, and you mean NOBODY has found her yet :confused: I thought Interpol and the Brazilan police were on this case. How pathetic.