Bring Sean Home Foundation > Birotte

Brazil woman appealing order to give boy to US dad

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--- Quote from: Shar on April 25, 2010, 06:47:12 PM ---The Birotte ruling illustrates that David's case wasn't just an anomaly.

--- End quote ---

While I agree least one judge has ordered the return of a child who had two living parents, one of whom abducted the child, I think it is too early to tell if this ruling appropriately applying the Hague Convention is an anomaly or not. I feel that way because the rulings I am aware of since Sean returning home are one for returning an abducted/illegally retained child (Birotte) and one against returning abducted/illegally retained children (Weinstein) in Hague cases where the children clearly should have been returned.

Kelvin Birotte’s international custody case starting to resemble N.J. father’s Brazilian ordeal Sunday, 25 April 2010 19:35

A Brazilian has once again been ordered by the court to relinquish custody of her son to his American father, who has spent the past four years fighting for custody of the child after his mother took him to Brazil to visit relatives in 2006 and never returned.

Hilma Aparecida Caldeira, a one-time Olympic contender and former member of Brazil's national volleyball team filed for divorce and custody of her son the same year she returned to Brazil. She has been ordered, for a second time in four months, to return her 4-year-old son, Kelvin, to his father, Kelvin Birotte of Houston.

Birotte, who said he has been unable to reach his estranged wife since he arrived in Rio de Janeiro, told the Associated Press that the deadline for his ex-wife to return his son is set for Thursday, but that he learned she has filed an appeal to the custody order.

In an attempt to encourage Caldeira to telephone him, Birotte has posted a phone number on his Facebook page hoping his estranged wife will call. He has no idea what city Caldeira and his son are in, but vows to remain in Brazil until the custody dispute is settled.

"I'm going to be here until something happens, good or bad," said Birotte, who has not seen his son since at court hearing in 2007 when the little boy was a year and a half old.

The dad had a simple yet powerful message for his son, "Daddy loves him and he misses him."

The Birotte/Caldeira custody dispute mirrors another international custody dispute that took nearly five years to settle after the boy's mother died and his stepfather fought to keep the boy rather than return him to his biological father in the United States.

David Goldman of Tinton Falls, N.J. fought his former wife, Bruna Bianchi of Brazil for custody of their son, Sean. After Bianchi died while giving birth to a child she bore with her new husband, Goldman was swept into a legal battle with Bianchi's new husband and father-in-law. The case was finally resolved after a Brazilian Supreme Court judge backed a federal court's ruling that ordered the Brazilian family to return Sean, then nine-years-old, to his father.

Birotte told the media he drew inspiration from Goldman's battle, but the two fathers have yet to meet.


--- Quote from: tweinstein on April 25, 2010, 06:24:13 PM ---
--- Quote from: 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.

--- End quote ---

No, the dad himself mentioned on facebook it is this Thursday.




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