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 Stateshttp://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.
