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Offline M.Capestro

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Kelvin returns to U.S. (5/1)
« on: May 02, 2010, 08:55:21 AM »
Ex-husband of Hilma back to the U.S. without the child
Dispute. Former player shall act only when there is a definition
Decision of the Superior Court thwarted the plans of the boy's father

http://supernoticia.com.br/otempo/noticias/?IdNoticia=139923
Tatiana Marina Lagôa Schettini


 The decision of the Superior Court of Justice (STJ), which allowed the residence of the son of former volleyball player in Brazil Hilma Caldeira, frustrated the child's father.  The American Birotte Kelvin, who came to the country with the hope of returning to the U.S. with the boy, embarked last night alone.

 "I respect the decision, but I was very disappointed, because the Hague Convention was not respected my rights and did not," said Kelvin.

 The couple separated four years ago.  Since then, Kelvin does not see his son and Hilma dispute with the courts to custody.

 Following the Hague Convention, which entitles native who remains in the home country of the child if custody is sought in a period of one year, the judge of the 19 th Federal de Minas Gerais João César Otoni de Matos had given advice conducive to return the boy to the United States.  But the decision of the Superior Court of Justice (STJ) has determined the day before yesterday, that the child remain in Brazil.

 Hilma's lawyer, Gilberto Guimarães, explains that it is still not a permanent decision.  "The other ministers still have to vote for the decision," he explained.  He said the bronze medalist in the Olympics in Atlanta (1996) only when there is going to rule definition.

 According to Angela Vorcaro, professor of psycho-pathology of UFMG, the ideal is that parents can reconcile.  "If he is deprived of contact of the mother may suffer psychological repercussions. And you need to live with his father, to grow more independent," he explains.

 Sean Case

 Sean Goldman, son of David Goldman American and Brazilian Bruna Bianchi came to Brazil with her mother at four years old.

 She married again and died four years later, going to live with the father, unlike son of Hilma.

 On December 24, 2009, Sean was given to the biological father, after five years of dispute.
________________________ ________________

Marina Schettini Interview with Kelvin Birotte

MS: How did you get the court's decision?

KB: I respect the decision, but I was very disappointed because the Hague Convention has not been fulfilled and my rights were also violated.  It's a shame we have to continue this battle in court.

MS: His son has lived for four years in Brazil.  Attends a school, you have playmates.  You do not fear that a change might affect it?

KB: I do not think it will influence on your happiness.  He was born in the United States.  The law says he must go there, not that I have custody.  I want him back for a judge there to decide who he will become.  I have the right to be near him.  His place is at home.

MS: How do you plan to solve problems such as language and cultural differences?

KB: That will not matter.  Where I live there are Brazilians.  I have friends in Brazil and I intend to visit.  He will not be removed from the Brazilian culture.
 

Offline M.Capestro

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Re: Kelvin returns to U.S. (5/1)
« Reply #1 on: May 02, 2010, 09:05:44 AM »
The battle of Hilma
By the end of the story of a former volleyball player, playing the custody of the child with ex-American husband, may be different from the case of the boy Sean, thank you, for justice, live with their father in the United States

http://istoevip.terra.com.br/conteudo/69700_A+BATALHA+DE+HILMA
Solange Azevedo
30.Abr - 21:00


Diamond mining, land of Juscelino Kubitschek and Xica da Silva, Hilma Caldeira faced a lot of battles in life. Became a volleyball player at 15 and soon grew into the sport. In a decade and a half of his career, showed one of the best tips network in the country and amassed two dozen titles in Brazil and abroad. With the selection of Bernardinho, won Olympic bronze in 1996. But the days of athlete (and glory) were left behind. The current dispute Hilma occurs in court. She and her ex-husband, the chef Kelvin Birotte American, fight for custody of the child - a boy of four years and eight months, easy smile, who loves playing basketball and football. On Thursday 29, Hilma won an important victory in the Superior Court of Justice (STJ). The court overturned a decision by the Federal Court of Mines determined the child's immediate return to the United States.

The battle of Hilma, 38, and Birotte, 43, has episodes that resemble a clash that followed the world and recently became a national legal framework: the case of the boy Sean, age 9, son of David Goldman American and Brazilian Bruna Bianchi. Like Bruna, Hilma married a foreigner and gave birth in the United States. As Hilma, Bruna traveled to Brazil with his son and over the phone, asked for a separation. By retaining the children in the country without the consent of the spouses, mothers violated the Convention on the Civil Aspects of International Child Abduction signed at The Hague, Netherlands. An agreement - in which Brazil, the United States and about 80 other nations are signatories - which determines the "devolution" of children in these conditions to their country of habitual residence and defines what is justice in these countries the appropriate forum to decide matters guard.

The similarities between the two stories end there. Bruna constructed another family, had a daughter and died from complications in childbirth. Her new husband, an influential advocate of strain, used the argument of paternity affective and entered the fight for custody of her stepson with her maternal grandparents. Goldman was only able to take her son to the United States in December 2009 after five years and a half, when the discussion has reached the political sphere and even the Secretary of State Hillary Clinton was involved in the controversy. Hilma is well, alive, still single and his only opponent is the former husband. "I love my son, my only son. The months that we lived together were very happy. I was holding him in her arms and sang: 'You're my angel, you're my angel,' "said Birotte to ISTOÉ. "I will keep fighting for him." Advocating Hilma fears that, like Sean's case, the action contour unexpected win. "We will do everything to keep the process only in the jurisdictions because, in politics, America is stronger," said Gilberto Guimarães, lawyer exatleta. Last year, the U.S. Senate has threatened to suspend a project for tariff exemption on Brazilian products in retaliation for the Supreme Court's decision to keep Sean in the Country

Although the dispute between Hilma and Birotte creeps since 2006, when she left with her son from Texas to visit family in Brazil and never returned, only now erupted because of the risk of repatriation of the boy. Hilma lives with her son in a middle class apartment
in Belo Horizonte. He is an apparently healthy child, a student of a private school and play sports regularly. For STJ, evidence that is inserted "in an environment that will ensure, with absolute priority, in terms of art. 4 of the ECA (Statute of Children and Adolescents), the realization of the rights to full life, health, food, education, sports, leisure, culture, dignity, respect, freedom and coexistence family and community, "wrote the minister Nancy Aldrighi the verdict. "If the boy was sent to the United States would suffer psychological harm," argues the lawyer Guimarães.


Over the past seven years, the Central Authority of the Federal Administrative - organ connected to the Human Rights Secretariat of the Presidency (SDH) - played in 341 alleged international kidnapping children and adolescents. In 72% of cases, foreign authorities demanded the repatriation of minors. In the other 28% was Brazil who pleaded return (see table below). According to the SDH, under the Hague Convention, Brazil has already sent 69 children abroad and received 27 back since 2003. There are about 120 processes currently underway. By the statistics, one out of every three cases are resolved. The others are generally closed for reasons such as withdrawal of the parties or does not fit the convention. Like any treaty, the Hague has exceptions and loopholes open to differing interpretations. As one of the articles preaches the immediate return of children to their country of habitual residence, another rule that overrides it is proved that it "is now settled in their new environment." In a country like Brazil, where powdered stock in bins of Justice, that "integration" can occur with the simple passage of time.


Why, then, the guard Sean was given to an American father? The boy lived years in Rio de Janeiro and seemed happy with their grandparents and stepfather. "In his mother's death, one of the deciding factors was the attitude of the family in Brazil," says Ricardo Cabezon, chairman of the Committee on the Rights of the Child and Adolescent Bar Association of Brazil (Sao Paulo Section). "The court held that Sean was the victim of parental alienation syndrome (when the child is urged to hate one parent - in this case Goldman) and decided to give a chance to parent," says Cabezón. "The tendency of the judiciary, is the Brazilians, is American, is to grant custody to who is better positioned to serve the interests of the child - regardless of place of her birth," said Suzana Cremasco, international law expert and professor of family Federal University of Minas Gerais. Sean has started to attend school in the United States and train English. The little boy and Hilma Birotte, at least for now, keep the accent miner.

COMMENT
Dora
ON 01/05/2010 08:12:30
I found just the decision of staying with the boy Hilma, the mother. It can not be compelled to return to the parent and not to stay in another country. Must reach a consensus so that both participate in the education of the boy, but get him out of the mother is not correct. Qto to Sean, his mother died.


KBirotte Photo Caption: DECEPTION Birotte stayed in a friend's house in Rio, with hope to revise the child. Failed.


Offline M.Capestro

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Re: Kelvin returns to U.S. (5/1)
« Reply #2 on: May 02, 2010, 09:11:53 AM »
Hilma father's son says legal dispute began only
http://www.primeirahora.com.br/noticia-imprimir.php?intNotID=30154
01/05/2010 20:09 - International


The American Kelvin Birotte, father of the son of former volleyball player Hilma Caldeira said that the battle for the boy, four years, just started and that the case should go to the last instance of Justice.

 "I will continue fighting to be part of his life," he said.  He criticized the decision of the Minister of the STJ (Superior Court), Nancy Andrighi, who kept the boy with his mother.

Decision
 In last Thursday (29), deadline for the former volleyball player Hilma Caldeira, 38, deliver the child to the father, the minister Nancy Andrighi of the STJ (Superior Court) decided that the boy should remain in Brazilian territory, in the custody of the mother until the end of the trial process.

 In its decision, the minister said 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, the health, nutrition, education, sports, leisure, culture, dignity, respect, freedom, and more than the family and community, "the STJ.

Case
 Hilma and the child's father, Kelvin Birotte American, were married between 2004 and 2006.  They met when he was a chef in the kitchen of a hotel in Las Vegas.  The child's father says that in 2006, mother and son traveled to Brazil to spend three months, and have not returned to the U.S..  On occasion, Hilma had the request for custody of the child rejected by state courts.  The father then appealed.

 In the last 20 days, Judge John Otoni César de Matos, Federal Justice in Ontario, took ten days for the boy was handed over to Brazilian authorities.  Hilma's defense then tried to suspend the decision, arguing that the boy of four years, is already adapted to Brazil.

 The trial process should be made in Section 2 of the STJ, although no date provided.

 The case recalls the boy's Sean Goldman, delivered to an American father in December by Court decision.  Again, the situation involving the Hague Convention, of which Brazil is a signatory, which governs international child abduction.

Offline M.Capestro

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Re: Kelvin returns to U.S. (5/1)
« Reply #3 on: May 02, 2010, 09:40:43 AM »
BRAZIL: Olympic Bronze medalist Hilma Aparecida Caldeira ordered to return abducted son to his American father Kelvin Birotte
http://www.divorcesaloon.com/brazil-olympic-bronze-medalist-hilma-aparecida-caldeira-ordered-to-return-abductd-son-to-his-american-father-kelvin-birotte

BRAZIL: According to the Associated Press, another Brazilian woman was caught abducting her American born child and taking the child, in violation of the Hague Convention, to Brazil. This time, it’s Olympic Bronze Medalist Hilma Aparecida Caldeira. She allegedly abducted her son when he was about 1.5 years old and has kept in illegally in Brazil for nearly five years. Associated Press:

Quote
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. 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.

Mr. Birotte claims he was inspired by another American father, David Goldman, who recently won custody of his abducted son back from his Brazilian ex-wife. It is heartening to see the Brazilian courts and law enforcement do the right thing in this case so expeditiously. Prior to the Goldman case, Brazil was one of those countries who pretty much treated the Hague Convention like toilet tissue.

Offline JuliRosi

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Re: Kelvin returns to U.S. (5/1)
« Reply #4 on: May 02, 2010, 11:04:09 AM »
http://www1.folha.uol.com.br/folha/cotidiano/ult95u728816.shtml

Google translation: Folha de São Paulo

01/05/2010 - 11:44
Hilma father's son says legal dispute began only
Advertising
Branch of Brasília
Report of Local

The American Kelvin Birotte, father of the son of former volleyball player Hilma Caldeira said that the battle for the boy, four years, just started and that the case should go to the last instance of Justice.

"I will continue fighting to be part of his life," he said. He criticized the decision of the Minister of the STJ (Superior Court), Nancy Andrighi, who kept the boy with his mother.

Decision

In last Thursday, (29) deadline for the former volleyball player Hilma Caldeira, 38, deliver the child to the father, the minister Nancy Andrighi, the STJ (Superior Court) decided that the boy should remain in Brazilian territory, in the custody of the mother until the end of the trial process.

In its decision, the minister said 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, the health, nutrition, education, sports, leisure, culture, dignity, respect, freedom, and more than the family and community, "the STJ.

Case

Hilma and the child's father, Kelvin Birotte American, were married between 2004 and 2006. They met when he was a chef in the kitchen of a hotel in Las Vegas. The child's father says that in 2006, mother and son traveled to Brazil to spend three months, and have not returned to the U.S.. On occasion, Hilma had the request for custody of the child rejected by state courts. The father then appealed.

In the last 20 days, Judge John Otoni César de Matos, Federal Justice in Ontario, took ten days for the boy was handed over to Brazilian authorities. Hilma's defense then tried to suspend the decision, arguing that the boy of four years, is already adapted to Brazil.

The trial process should be made in Section 2 of the STJ, although no date provided.

The case recalls the boy's Sean Goldman, delivered to an American father in December by Court decision. Again, the situation involving the Hague Convention, of which Brazil is a signatory, which governs international child abduction

Offline phillyone

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Re: Kelvin returns to U.S. (5/1)
« Reply #5 on: May 02, 2010, 03:54:39 PM »
I just tweeted Sen Cristovam letting him know minister Nancy Andrighi of the STJ ruled again another US child Kelvin Birotte and to send him home.

I don't know if this will make a difference but I had to say something to someone in Brazil. Someone in Brazil needs to know they are still disobeying the hague.

Anyone knows Lula's e-mail or tweet? Does he have a facebook page?  LOL...

Offline JuliRosi

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Re: Kelvin returns to U.S. (5/1)
« Reply #6 on: May 02, 2010, 04:38:03 PM »
Here on Brigseanhome (How to help) there are some addresses. I am posting planalto e-mail

 protocolo@planalto.gov.br
 pr@planalto.gov.br@planalto.gov.br

If you want, you can check on "how to help" to other possibilities!

Offline dmdaven2

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Re: Kelvin returns to U.S. (5/1)
« Reply #7 on: May 03, 2010, 10:59:28 AM »
The battle of Hilma
By the end of the story of a former volleyball player, playing the custody of the child with ex-American husband, may be different from the case of the boy Sean, thank you, for justice, live with their father in the United States

http://istoevip.terra.com.br/conteudo/69700_A+BATALHA+DE+HILMA
Solange Azevedo
30.Abr - 21:00


"I will keep fighting for him." Advocating Hilma fears that, like Sean's case, the action contour unexpected win. "We will do everything to keep the process only in the jurisdictions because, in politics, America is stronger," said Gilberto Guimarães, lawyer exatleta. Last year, the U.S. Senate has threatened to suspend a project for tariff exemption on Brazilian products in retaliation for the Supreme Court's decision to keep Sean in the Country



Exactly...but are LBP gonna have to count on the US to suspend trade with Brazil EVERYTIME we want a child rightfully returned, or will Brazil just act right for once. If they KNOW what America is capable of...why not comply. It's a hassle to have to keep getting high level gov politicians to repeatedly step in to handle something that technically should be faciliated in a reasonable time frame, according to a Treaty signed by both countries...It's rediculous. THEN the arguments of "adaptation" are foolish...Parents move from state to state all the time, and kids have to start all over, new friends, new surroundings...Other cases, children lose their mothers or fathers due to criminal activity in which one of the parents end up in jail...Other times, a parent dies...sh!t happens!!...but life goes on and one thing is for sure, and that's that as HUMANS we ADAPT...it's how we survive, it happens naturally. So to me, that whole defense against the return sucks. Besides how many of us still speak to anyone we met when we were 4 yrs old...trust, Kelvin will meet new "friends". LASTLY, to keep postponing the return, they are only adding more time to the overall abduction period, which in turn strengthens the original argument of adaptation and the cycle continues...so the next time Kelvin tries to get the return order, they will have let another 2-3-4 months plass...then next thing you know they are saying "well now Kelvin is REALLY adapted", but it's like...anything BUT the IMMEDIATE return will result in the saaaaame argument, which is that the child has been there too long.  :shitstorm
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Offline KarlHindle

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Re: Kelvin returns to U.S. (5/1)
« Reply #8 on: May 03, 2010, 11:18:32 AM »
From Devan:

Exactly...but are LBP gonna have to count on the US to suspend trade with Brazil EVERYTIME we want a child rightfully returned, or will Brazil just act right for once. If they KNOW what America is capable of...why not comply. It's a hassle to have to keep getting high level gov politicians to repeatedly step in...

Everyone knows that - and only in exceptional cases will you see that level of support - it's a sick game!
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Offline SageDad

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Re: Kelvin returns to U.S. (5/1)
« Reply #9 on: May 03, 2010, 01:37:08 PM »
From Devan:

Exactly...but are LBP gonna have to count on the US to suspend trade with Brazil EVERYTIME we want a child rightfully returned, or will Brazil just act right for once. If they KNOW what America is capable of...why not comply. It's a hassle to have to keep getting high level gov politicians to repeatedly step in...

Everyone knows that - and only in exceptional cases will you see that level of support - it's a sick game!

It's not a question of knowing what America is capable of but rather what it is willing to do for its abducted children.  As thrilled as I was to see Lautenberg suspend tax breaks for Brazil, he didn't do that for non-Compliance of the Hague Convention per se.  He did it for the return of Sean, in compliance with the Convention, but nothing has been done to address the underlying problem for which Sean was just a symptom.  At no point did he say, or even imply, his action was to address Brazil's noncompliance in general.  Sean was one of many.  Sean is one of the lucky ones.  International child abduction still doesn't even have a place on the list of priorities the State Dept. has with foreign nations.  Being placed on the list, even at dead last, would be a huge improvement over the current state of affairs.
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