Justice Nancy Andrighi suspended return order

[liesl78]

Decisão do STJ
A ministra Nancy Andrigui, do Superior Tribunal de Justiça (STJ), decidiu nesta quinta-feira que a ex-jogadora da seleção brasileira de vôlei, Hilma Aparecida Caldeira, deve ficar com seu filho até o final da disputa judicial com seu ex-marido, o americano Kelvin Birotte.

A briga pela criança K., de quatro anos, nascida nos Estados Unidos, foi iniciada em 2006, quando Birotte acusou Hilma por sequestro internacional de criança. A jogadora deixou aquele país quando o filho tinha um ano de idade.

A decisão do STJ se deu num mandado de segurança apresentado por Hilma depois de decisão da Justiça Federal de Minas Gerais, que no último dia 14 determinou que o filho fosse devolvido ao pai.

Hilma ficará com a guarda da criança até que o Tribunal Regional Federal (TRF) decida de forma definitiva quem deve ficar com o menor.

http://ultimosegundo.ig.com.br/brasil/filho+ficara+com+hilma+ate+fim+do+processo+diz+stj/n1237600488902.html

Google Translation:

Decision of the STJ
The Minister Nancy Andrigui, the Superior Court of Justice (STJ), decided on Thursday that the former player of the Brazilian volleyball, Hilma Caldeira Ali must stay with your child until the end of legal battle with her ex-husband , American Kelvin Birotte.

K. The fight for child of four years, born in the United States, began in 2006 when Birotte Hilma accused by international child abduction. The player left that country when the child was one year old.

The decision from the Supreme Court took a writ of mandamus filed by Hilma after Federal Court decision of Minas Gerais, in the last 14 days determined that the child was returned to her father.

Hilma would retain custody of the child until the Federal Court (TRF) to decide definitively who should be with the minor.

[JuliRosi]

That is terrible! This minister is the same that didn't want that Sean retuned to his father! iIcouldn't wait anything different! That is Brazil! A country where if you have money and is famous, you achieve all, incluse if you are against the law!!! :madgo

[NativeNewYorker]

So what's the next step for Kelvin? I know she can drag this out.  Awful, just awful.

[pam.in.ny]

This is a huge injustice. Brazil must be made to abide by the Hague. I wonder if this case is
going to go on and on and on like David's, Tim's, François', Marty's, and all the others.
So totally unfair for the child and LBP. We really need H.R.3240 passed.

[Dan_Plainview]

Drat ... I hate this woman. She is harming Brasil, children and LBPs. Had she voted correctly in 2007, Sean would have been home then (3 1/2 years earlier) by a 3-2 vote rather than a 2-3 vote. Now this? Somebody oughta disrobe her!

[SageDad]

I wish I could say I was surprised that this decision is not being enforced, but the truth is I would have been surprised if it had been.  What does surprise me is that this is the same judge that screwed up the Goldman case.  This judge has absolutely no excuse for not having educated herself in the intervening years, especially after watching the results of her decision on Sean.  She needs to be disbarred from ever hearing another Hague case.. or any other case for that matter.

[M.Capestro]

STJ decides that son of a former volleyball player Hilma must remain in Brazil
http://oglobo.globo.com/cidades/mat/2010/04/29/stj-decide-que-filho-de-ex-jogadora-de-volei-hilma-deve-permanecer-no-brasil-916466071.asp
Posted on 29/04/2010 at 21h38m
OGlobe

Google Translation

The son of four years of former volleyball player from Brazil Hilma Caldeira, 38, should remain in Brazilian territory, under the custody and care of the mother. The decision is the minister of the Superior Court of Justice (STJ) Nancy Andrighi. The minister has banned further that the child traveled abroad this Thursday until the end of the trial of this case by the Second Section of the STJ.

The former player traveled with the child to Brazil in April 2006, where he had entertained in the state court, his request for custody. The father, the American Kelvin Birotte. Hilma sued by international child abduction. She would have left the United States when the boy was only 1 year. On Jan. 14, the Federal Court of Mines decided that the boy should be returned to his father until this Thursday substantiated by the Hague Convention. Hilma's lawyers filed appeal in Brasilia.

The ruling by Judge John Otoni César de Matos, the 19 th Federal de Minas Gerais. In June last year, in a similar case, a federal court ruled that the boy Sean Goldman be returned to the biological father who lives in the United States, David Goldman. Who disputed custody of Sean, however, was his grandmother. Sean's mother died.

The defense of former player filed a writ of mandamus against the decision of the 19th Civil Court of the Judiciary Section Federal de Minas Gerais, arguing that there is less psychosocial impairment were removed from the conviviality of the mother and family in Brazil.

Nancy Andrighi The minister said in his ruling that "the child is inserted in an environment that will ensure, with absolute priority, the realization of full rights to life, health, nutrition, education, sports, leisure, culture, dignity, respect, freedom, and more than the family and community. "

So for the minister to withdraw the lower contact of the maternal family and friends, as determined by the Federal Court, violates the right given to every child to be raised and educated in the bosom of his family.

COMMENTS

BEZOURÃO
30/04/2010 - 07h 46m
After all, why Brazil signed these international treaties, this and that, at the end does not fulfill what was assinadoi? Same as our dear prisidente signs without reading.

Rogerio Sguarramazzo
30/04/2010 - 04h 47m
Law and justice in Brazil has always protected and always protect criminals, juvenile delinquents and raptores.As veses ashamed to say that I was born and raised in Brazil

Teremar
30/04/2010 - 02h 54m
In its decision last June, the judge at any time thought of the child.
Our country surrendered to the threat of American retaliation.
Currently, the boy only appears in photos next to his father fishing boatmen, who lives the image of the child.

Teremar
30/04/2010 - 02h 50m
So right decision.

quaquaquaqua
30/04/2010 - 00h 03m
So right decision. After her mother's mother, has a fixed job and not live at the expense of anyone ... May well support her son.

Claudio de Jesus Pereira
29/04/2010 - 23h 35m
When the opposite happens, the father take the child to the U.S. and Brazilian American justice decides that the child should stay in the U.S., we must follow. So Brazilian women who want to get the green card through their children, beware!

Julia Noble Hebinck
29/04/2010 - 23h 21m
Congratulations to Minister Nancy. That this child is always with his family in Brazil.

onçapreta
29/04/2010 - 22h 45m
Congratulations! Minister Nancy Andrighi. I'm rooting for you, Hilma Caldeira and his son ..

[M.Capestro]

The below AP story has been picked up by lots of the major print and online media outlets. Let's hope TV gets on the band wagon today and over the weekend to help raise awareness for Kelvin.

Brazil Mom Keeps Son for Now in Fight With US Dad
http://www.nytimes.com/aponline/2010/04/29/world/AP-LT-Brazil-US-Custody-Case.html?_r=1&partner=rss&emc=rss
By THE ASSOCIATED PRESS
Published: April 29, 2010, Filed at 9:50 p.m. ET


RIO DE JANEIRO (AP) -- Brazil's top appeals court says a young boy must stay with his Brazilian mother and not his American father until a final ruling is made in their international abduction case.

Kelvin Birotte of Houston, Texas, has been fighting to regain custody of his 4-year-old son. The boy was taken by his mother -- Hilma Aparecida Caldeira, a former Olympic volleyball player -- to her native Brazil in 2006. She then divorced Birotte.

A court last week ordered Caldeira to hand the boy over by Thursday, basing its ruling on the Hague Convention on International Child Abduction.

Caldeira appealed the decision to the higher federal court, which issued its order late Thursday.

There is no indication of when a final ruling may come.

[M.Capestro]

Lawyer celebrates Hilma decision from the Supreme Court
http://noticias.r7.com/brasil/noticias/advogado-de-hilma-comemora-decisao-do-stj-20100430.html
posted on 4/30/2010 at 1:27 a.m.

Gilberto Guimarães want to continue the discussion, but with the child in Brazil

Attorney Gilberto Antonio Guimaraes, who represents Ali Hilma Caldeira, welcomed the decision of the minister of the Superior Court of Justice (STJ), Fatima Andrighi Nancy, who determined that the boy K., 04 years, son of the former volleyball player remain in the Brazilian territoryUnder the custody and care of the mother.

At midnight this Friday (30) end of the period stipulated by 19. Nd Federal District Court in Belo Horizonte for the child to be brought to the United States - in an act of search, seizure and return of the child to the country where he was born, moved by his father, the American Birotte Kelvin, who was married Hilma between 2004 and 2006.

The injunction was filed on Thursday (29) even in defense of the ex-athlete in the STJ.

- It was fair. Now we will file the appeal for us to discuss this situation with more peace of mind - said Guimaraes.

The argument of defense counsel is that Hilma should retain custody of the child in Brazil, based on articles of the Hague Convention itself, of which Brazil is a signatory, and which was used by Kelvin to acknowledge the former wife of kidnap internationally.

According to Guimaraes, the U.S. has no standing to request custody of the child, it does not have the official backing of one of his country.

- Article 12 says that if the child is adapted in the country, she can not return. Article 13 says she can not go back because if it is adapted in the country, the transfer will bring psychological harm. The Convention itself states that the child can not go - said the lawyer.


THERE IS A LINK ON THIS PAGE TO ANOTHER STORY SHOWING A VIDEO OF KELVIN ARRIVING IN BRAZIL (in Portuguese)

Ex-husband of Hilma arrives in Brazil
http://noticias.r7.com/videos/ex-marido-de-hilma-chega-ao-brasil/idmedia/340cc40d8fd66fcf21b48328380c4574.html

The U.S. decided to come to Brazil when he received the news that the former volleyball player was missing. And further said that two years ago unable to speak with his son. Hilma came to Brazil to spend three months and did not return to America. Here divorced and gained custody of the child. The ex-husband denounced by the international kidnapping. Last week the Federal Court determined that the boy was taken back to America.

[M.Capestro]

Hilma former player wins custody of the child in the STJ
Justice had determined that boy was delivered by his father yesterday in the U.S.
Minister banned the child, age 4, from traveling abroad until the end of the trial of the case by the Second Section of the STJ
REPORT OF LOCAL
SHEET OF AGENCY IN BELO HORIZONTE
http://www.stj.myclipp.inf.br/default.asp?smenu=noticias&dtlh=120202&iABA=Not%C3%ADcias&exp=

A decision STJ (Superior Court) Ruled yesterday that the son of four years of ex-volleyball player Hilma Caldeira remains in Brazilian territory, under the custody and care of the mother.

The decision is the minister Nancy Andrighi. The magistrate has prohibited further that the child from traveling abroad until the end of the trial of the case by the Second Section of STJ.

The period given by Federal Court Hilma to deliver the child to the authorities, to be sent to the United States, won yesterday. The child's father, the American Birotte Kelvin says that in 2006, mother and son traveled to Brazil to spend three months and have not returned to the U.S..

According to a spokesperson of STJ, The magistrate said in his ruling that "the child is inserted in an environment that will ensure, with absolute priority, in terms of art. 4 of the ACE [Statute of Children and Adolescents], the realization of the rights to full life , health, food, education, sports, leisure, culture, dignity, respect, freedom and family and community. "

For the minister to withdraw the lower contact of the maternal family and friends, as determined by Federal Court, Violates the right given to every child to be raised and educated in his family.

During the day, the defense of Hilma, a bronze medal at Atlanta Olympics in 1996, entered with two court injunctions to stop sending the child to the U.S..

On appeal to the Federal Court, The defense requested a stay of a lower court ruling that ordered the return of the child. The other was in Superior Court, Asking for the maintenance of the state court sentence of Mines, which granted custody of the child to Hilma.
The day before yesterday, the AGU (Solicitor-General of the Union), which advocates the return of the child to the U.S., said it would study "proper legal action for extending the term of location" where the son of Hilma was not located.

The former athlete left her apartment in Belo Horizonte with his son after the decision of Federal CourtOf 20 days. According to his lawyer Gilberto Guimarães, it is a place inside.

Lawyer Cristiane Nile Abranches de Miranda, who is also the defense of Hilma, welcomed the decision of Superior Court. She said next week will continue the process of appealing the ruling of first instance of Federal Court in Minas Gerais.

The child's father, Kelvin Birotte, said he did not manifest itself to understand how the decision STJ could be reversed. For now, he stays with friends in Rio

Branch collaborated to Brasilia

[phillyone]

This is so wrong! Is there anybody we can write to an put some pressure on this judge? we need to do something!

[JuliRosi]

"According to Guimaraes, the U.S. has no standing to request custody of the child, it does not have the official backing of one of his country."

Doesn't Kelvin have the official support of his country? And the convention? Doesn't it mean anything? I would like to know where this lawyer read that? :madgo

[pam.in.ny]

This is so wrong! Is there anybody we can write to an put some pressure on this judge? we need to do something!

This just makes me sick. When is Brazil going to get it? I don't know it will help but I'm faxing the AP article and others to every Rep and Senator in TX today, as well as the Houston Papers.

These court rulings are a slap in the face. If Brazil signed the Hague, they should abide by it and not make
up their own rules as they go alone.

[LukieD]

- Article 12 says that if the child is adapted in the country, she can not return. Article 13 says she can not go back because if it is adapted in the country, the transfer will bring psychological harm. The Convention itself states that the child can not go - said the lawyer.

Nice try pal, but that's not what Articles 12 and 13 say. This lawyer sounds a lot like Tostes. It's a shame that this same judge who screwed up the Goldman case years ago was allowed to screw up another Hague case and tarnish Brazil's reputation further.

[ANALE]

I feel so bad for this father.  Brazil hasn't learned a thing since David's case.  Where on earth do they get the notion that it's OK to kidnap a child and then say they have acclimated to their kidnappers enviornment and they should stay there?  These judges are a bunch of clowns and could care less for the welfare of the children!!  This really infuriates me!  A child's well being is being compromised because of the stupidity of these idiots.  My prayers are with you.