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Brazil woman appealing order to give boy to US dad

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M.Capestro:
Brazil woman appealing order to give boy to US dad
http://www.washingtonpost.com/wp-dyn/content/article/2010/04/25/AR2010042502153.html
By TALES AZZONI
The Associated Press
Sunday, April 25, 2010; 3:16 PM

SAO PAULO -- A Brazilian woman ordered to relinquish her son to his American father in an international child abduction case is appealing the ruling, but her lawyer says she will not try to evade justice, local news media reported.

Hilma Aparecida Caldeira, 38, a bronze medal winner at the 1996 Olympic Games in Atlanta as part of Brazil's national volleyball team, has not appeared in public since the case surfaced, and her whereabouts are unclear.

She has not fled, Gilberto Antonio Guimaraes told Globo TV's G1 website.

"She will not create difficulties," Guimaraes said. "She is not missing or hiding, just taking some time at her home to absorb the moment."

Attempts to contact Caldeira or her lawyer were unsuccessful Sunday.

Caldeira brought the boy to the South American country in 2006 to visit relatives and then stayed, filing the same year for divorce and for custody, according to the father.

Kelvin Birotte, a 43-year-old Houston man, told The Associated Press on Saturday that he last saw his son, also named Kelvin, at a court hearing in 2007 when the boy was 1 1/2 years old. He turns 5 on Aug. 29.
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The order to hand the boy over to his father was based on the Hague Convention on International Child Abduction, according to U.S. Embassy spokeswoman Orna Blum. Permanent custody is a separate issue to be decided later by U.S. courts.

Birotte, who is in Brazil, said the deadline for the handover is Thursday.

He said he has drawn inspiration from the case of David Goldman, a New Jersey man who was reunited with his 9-year-old son, Sean, in December after a five-year battle in U.S. and Brazilian courts.

The two fathers have never met, but Birotte said he e-mailed Goldman messages of support.

pam.in.ny:
I wonder how long they are going to drag this one out with appeals. Hopefully, she'll do
what is right and had the boy over to the father by Thursday.

JuliRosi:
"She will not create difficulties,"

So, it is better that she returns her son to the USA

Does she take time at her home?

But, other newspapers say different?! :confused:

tweinstein:

--- Quote from: pam.in.ny on April 25, 2010, 06:18:30 PM ---I wonder how long they are going to drag this one out with appeals. Hopefully, she'll do
what is right and had the boy over to the father by Thursday.

--- End quote ---
Unfortunately, Thursday was last Thursday. By now, Kelvin is probably getting ready to return (empty-handed) to the United States.

Shar:
She has not fled, Gilberto Antonio Guimaraes told Globo TV's G1 website.

"She will not create difficulties," Guimaraes said. "She is not missing or hiding, just taking some time at her home to absorb the moment."

I'm greatly relieved that at least she's not in hiding with Kelvin.  She must know her time's running out.  Hopefully, this won't continue to drag out.  I believe that with all the publicity on this issue, beginning with David and Sean's case, Kelvin will be reunited soon with his son, Kelvin.  After seeing the return of Sean to David in December, Kelvin's ex-wife must know she's just about out of options and that their son WILL be returned to the U.S.

Just look back to the (even sorrier!) state of affairs this time last year.  Things are slowly moving in the right direction...& there's so much more public awareness of international kidnapping and the Hague. The delays are still beyond excruciating.  Hopefully, they'll keep getting shorter and shorter until the rule of international law is finally respected without reservation.
 
The two rulings to return kidnapped children to the U.S. should start having a powerful effect on parents who even THINK about international kidnapping.  The Birotte ruling illustrates that David's case wasn't just an anomaly.


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