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Offline LukieD

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Davenport Abduction Case
« on: March 09, 2009, 05:32:52 PM »
Senator Richard Burr (R-NC) fax: 202-228-2981
Email: http://burr.senate.gov/public/index.cfm?FuseAction=Contact.ContactForm

Senator Kay Hagan (D-NC) fax: 202-228-2563
Email: Senator Hagan@hagan.senate.gov

Representative Brad Miller fax: 202-225-0181
Email: http://bradmiller.house.gov/?sectionid=17§iontree=9,17

Subject: “Co-Sponsor House Resolution 125 – The Sean Goldman Abduction by Congressman Chris Smith”


I also support the father of Nadia Drummond, Devon Davenport of North Carolina, an infant abducted to Brazil.  


On February 7th 2009, Nadia was due to be brought to her father’s home for one of her 3 days per week visits.  When Nadia did not arrive, her father, Devon Davenport went with an officer from Cary Police Department to the mother’s home, which they found empty.  

The US Department of State later confirmed that Nadia had been taken from North Carolina to Brazil on February 5th 2009.

An emergency order granting Devon sole legal and physical custody of his daughter, as well as the immediate return of her to her habitual residence in North Carolina, USA, was signed on February 12th, 2009.

Under the Hague Convention, the child should be returned to the place of habitual residence within 6 weeks.

http://www.youtube.com/watch?v=TuhFesPKL_U


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elle

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Re: Davenport Abduction Case
« Reply #1 on: March 10, 2009, 12:57:25 AM »
How did the mother get this child on the plane? I thought that some sort of document, signed and notorized by the father giving permission to travel, was supposed to be supplied to authorities. Did the child have a passport? When one of the parents is from a foreign country, the American parent should take precautions and have the childs passport in their possession at all times.
Obviously, this system is not working and is not stopping the continued abductions of children. My goodness, this just recently happened! Dateline aired Davids story Jan.30, 2009 and this child was abducted by her mother a week later. When is are government going to put a stop to this? It's sickening to hear that this occurs more and more often and there is no end in sight. More laws to be in place, to prevent this from happening? I don't know? I really don't know what the answer is. But I do know, that if does happen, then Brazil and all the countries that agreed to sign on to the Hague should be enforcing it. In this case, Brazil should be responsible for locating the mother and child and returning the child here, back to the US.
My hope and prayer that this case is resolved sooner than later, look what pain and heartbreak David has gone through. I feel so bad when the left behind parent misses out on all the precious childhood moments. All of the "firsts", seeing them grow, crawl, walk, etc...they are being robbed. Months apart .... that soon turn to years apart. Where is the justice in all of these cases?!! Devon and Nadia my thoughts are with you both.

Offline dmdaven2

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Re: Davenport Abduction Case
« Reply #2 on: March 10, 2009, 09:10:39 AM »
Considering the mother of my child did not include me on my daughters birth certificate she was able to get a passport for her. The crazy thing is that I knew she was trying to leave the country and had a ex parte order stating that she could not leave the country let alone the state with my daughter and that any passports that were issued to my daughter must be turned over to my lawyer...SHE NEVER GAVE THEM UP! There was no follow up or anything that the judge did to ensure and verify that there was no passports for my daughter. All the mother did was lie and say she didn't have one...Then January 25th she married a brazilian guy that she met in October and took me to court January 27th for "violating" our parenting agreement which stated that her and I should only have conversations about Nadia. I had told her that she shouldn't rush into another relationship and have another guy around Nadia at such a young age. The judge ruled that I was in violation of the order and gave me a 3 day suspended sentence in jail...The mother pressed to get me to actually have to serve the time...ironically I tried to tell the judge that this was a ploy just for her to be able to leave while I was in jail and that she was trying to leave the country, and I even gave my lawyer an email that i intercepted between the mother and her grandmother in Brazil where she specifically stated her plan to marry a Brazilian guy at the end of January and move back to Brazil in February. My lawyer and judge said i needed more evidence to get an emergency order...a week later she was gone...back to Brazil...(I attached the intercepted email)
 
As of February 5 2009 my daughter was missing...within 3 weeks I was able to get certified portuguese translations of all my legal documents (I don't believe anyone in the US Dept State ie Daisy when she says my documents dont' need to be certified, I asked her about homologation and she hadn't even heard of it) So i had my Hague filled out, and included check print outs of all my child support given to my mother from Sept-Feb, pay stubs from my job to show I have good stable income (I do DNA Extraction at a biotechnological company that ironically has big business with Brazil), I included a photo album of my daughter and I to show that I actually excersise visitation. I included my daughters daycare attendance and medical records to show she was habitually residing in North Carolina.
I included all of that along with my Hague JUST IN CASE the judges wanted to look at my case as a custody case and not a jurisdictional issue like they are supposed to.
 
I also had the judge grant me sole physical and legal custody as of Feb 12, and had within that order stating that I complied with each of the 3 requirements of the Hague (that it's been filed within a year, that Nadia is a habitual resident of NC and that I was excersising custody at the time of wrongful removal) I also have a clause in there stating that upon the submission of my application to Brazilian Central Authority a prima facie would be established in which unless the mother can disprove any of the 3 criteria of the Hague that my daughter should be returned immediately.
 
I also had my local detective contact INTERPOL and issue a blue alert for the mother and a yellow alert for my daughter. As well as issue a felony warrant for her arrest.
 
I've done all this from the time of February 5th - February 28th
 
My application was sent off yesterday to Brazil. I heard that if I can have my daughter located within 4 months then she would not have established residency in Brazil and I should be able to avoid the court system. Can anyone confirm this??
Devon Davenport - Father of Nadia Lynn ;)

Offline dmdaven2

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Re: Davenport Abduction Case
« Reply #3 on: March 10, 2009, 09:19:35 AM »
Some pictures of my daughter and I
Devon Davenport - Father of Nadia Lynn ;)

Offline MSchray

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Re: Davenport Abduction Case
« Reply #4 on: March 10, 2009, 10:48:03 AM »
Your daughter is beautiful!!!  My heart goes out to you.

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DAVENPORT ABDUCTION CASE
« Reply #5 on: March 10, 2009, 01:51:23 PM »
PLEASE VIEW THE LINK BELOW:

http://www.youtube.com/watch?v=TuhFesPKL_U&fe ature=channel_page


To Whom It May Concern,

I am writing to you because this story needs to be told.

Recently my brother's infant daughter, my only niece was abducted and
removed from the United States. Her mother who is not a US Citizen
(she was born in Brazil) ignored court orders and denied my brother
his visitation rights.

From day one my brother has done all the right things, has been
devoted to his child and just wanted to be involved in his daughter's
life.  Because of a simple request for a DNA test his life and our
family's life has been turned upside down. The mother tried in every
way to block him from seeing his daughter making threats to take her
to Brazil so he would never see her again. My brother obtained an
attorney thinking this would help him. He was awarded visitation, the
ex parte order stated the mother was not to remove the child from the
State of North Carolina and she was to surrender the child's passport.
She ignored both, and on February 7th when the child was not dropped
off for visitation, we knew she had finally made good on her threat.

Because it was a Saturday, we could not contact the attorney, and the
local police would not help.  We contacted the US Department of
State's website for International Parental Child Abduction. We found
out later in the week that my niece had arrived in Brazil on February
5th.

There is something very wrong with the laws and policies regarding
Father's Rights. The President asked during his campaign for father's
to step up and take responsibility, well my brother did just that, and
now he is without his child. We do not plan to give up, but we do not
have thousands of dollars to try and recover his child.

There is nothing about this situation that is fair. We do not believe
his attorney took him seriously, the Judge presiding over his case
labeled him a jealous ex who did not want to let go.  How can a father
get a fair chance with a judge who is biased? Why are their laws in
place to prevent such things, but really are not enforced? When will
Fathers really have fair and equal access to their children?  Who will
help my brother get his daughter back. He has been awarded sole
custody, but only after his daughter was taken away.

 I hope my brother does not end up being one of those fathers who
tried and tried, but just ran out of money, exhausted, out of a job
and just broken down. I'm sure that happens to lots of good fathers
who start out trying to do the right thing but because of the lack of
fairness, lazy or inexperienced attorneys, judges who are biased; they
just give up.

There was a Dateline story and an update on the Today Show this past
week about a father, David Goldman in a similar situation fighting to
get his child back from Brazil. His nightmare has taken him 4 ½ years
and he still has not had his son returned to the United States. We do
not have 4 ½ years, we do not think it should take that long. Under
the Hague Convention, Brazil should return a child back to the US
immediately, within 6 weeks.
The US Department of State's website says, 'The Department of State
places the highest priority on the welfare of children, and is deeply
committed to assisting children and parents involved in these cases'.
Well my family is involved in one of these cases, and we are waiting.

My family and I are frustrated with this empty feeling of being unable
to help. I refuse to believe that our elected officials and U.S. State
Department cannot do more to apply the requisite pressure on the
Brazilian government to rectify this gross injustice and have my niece
returned to her biological father.
Children are our greatest gift and to have one stolen away from us by
a citizen of another country should be a matter of utmost urgency to
the elected officials of this state and country. The media attention
that the Goldman case received I believe was a huge factor in Mr.
Goldman being reunited with his son and has me given me great hope
that my brother and his daughter will be reunited very soon.

It is difficult for me to understand how the Brazilian courts claim to
be a part of the Hague Convention, but when it comes to cases like
David Goldman's and my brother's, they do not abide by their
obligations.  My brother has been granted full custody of his daughter
due to this unfortunate situation and no parent should be denied his
or her God-given right to raise their child and that is a basic tenet
of any civilized society. It is incredibly distressing that our
elected officials and State Department cannot do more to see to it
that the Brazilians abide by their obligations under the Hague
Convention.

Time is precious and although it was unfortunate that Mr. Goldman lost
four years with his son Sean, my brother cannot afford to lose four
years with his daughter – enough is enough. Please help my family!

Thank you in advance for taking the time to read my message.  I truly
hope this is something you will be able to address soon.

My contact information is:

Stevie Davenport (Aunt)
Chapel Hill, NC
Email:   stevie.davenport@gmail.com
Phone:  919-365-7324 (home)  919-966-8762 (work)  919-454-1244 (cell)

My brother's contact information is:

Devon Davenport (Father)
Cary, NC
Email: demaurida05@gmail.com
Phone: 919-600-0624

My Mother and Father's contact information is:

Sandra & Glen Davenport (Grandparents)
Wendell, NC
Email: Sdavenport@nc.rr.com
Phone: 919-365-7324

Offline SageDad

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Re: Davenport Abduction Case
« Reply #6 on: March 10, 2009, 09:55:06 PM »
How were you able to get sole legal custody of your daughter?  I ask because i'm in Durham County Family Court right now with a case that's been ongoing for 9 months while we try to "serve my wife with notice to appear for a hearing"... Grr.. like she would show up.  She already kidnapped my son.  I do have an Ex Parte order that they keep extending when she doesn't show up for yet another hearing...  We filed an international service request under the Hague Service Convention in Dec '07, but that hasn't come back yet, and i'm not holding my breath.  I find it unbelievable that my local custody case can't go forward because we have to serve her a subpoena.  It doesn't seem to matter that I can prove I've had an ongoing Hague Case in Mexico for the past 8 mos and that the Ex Parte order has been submitted into evidence there.  It still does not constitute "legal service" under NC law, apparently...
“What you seek is seeking you.”
― Rumi

Offline dmdaven2

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Re: Davenport Abduction Case
« Reply #7 on: March 11, 2009, 09:52:48 AM »
To Carlos and many other people who have inquired about my ability to got sole physical and legal custody of my daughter. I think it is important to note that the mother of my child and I were never married. Therefore upon filing an emergency ex parte order, the judge granted me what I had requested. In that I told her that I needed sole physical and legal custody to use the Hague Convention Petition and if she didn't award it to me then there was a possibility I'd never see my daughter again. I also included in that emergency order that I complied with all three statutes that are requirements for the Hague Petition and also that FBI upon location of my daughter shall take custody of her until an arrangment is made for me to pick her up. *the last part I'm not sure will be upheld in Brazil as they do not have a law allowing police to take custody of children...as Daisy Cardiel of US Dept State said yesterday, but she noted that Mexico does have such a law*
 
IMPORANT: It is not necessary to subpeona her, in my case the mother of the mother of my child lives right across the street from me, and is also where the mother of my child lived before the abduction, hence the judge told my lawyer to just have the emergency order sent to that address just to have a record showing it was "served" to her last known address. As I have quickly realized, many judges here in NC do not know of the Hague Convention, and so as wrong as it may be, I basically made it seem like unless I got sole physical and legal custody, I couldn't go forward with the Hague and could possibly lose my daughter for good...which is in some parts true. She made the return hearing within 10 days as that is policy concerning Ex Parte hearings, and of course the mother wasn't going to show up so that day the Ex Parte became an Order...but you have to play the system to your advantage...I studied the Hague like I was preparing to write a Thesis...knew it well and went to court and rambled off Articles, Statutes, Non Compliance Reports, etc to the judge...she had no choice but to honor my request...as she also possibly felt bad for the fact that the first order I got stating that my daughters passport should be turned over to my attorney was completely ignored by the mother and she lied saying she never had one, and when I attempted to show her the email where she specifically stated her plans to leave in February back to Brazil and she said it wasn't sufficient evidence to get an emergency order...then a week later she leaves back to Brazil...yea...she basically had no choice but to grant me what I requested.
Devon Davenport - Father of Nadia Lynn ;)

Offline tweinstein

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Re: Davenport Abduction Case
« Reply #8 on: March 11, 2009, 10:07:48 AM »
Quote from: dmdaven2;4912
In that I told her that I needed sole physical and legal custody to use the Hague Convention Petition and if she didn't award it to me then there was a possibility I'd never see my daughter again.
Sorry Devon, your understanding is not correct. Partial custody is all that is required.

Article 3
 The removal or the retention of a child is to be considered wrongful where –
 a) it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and
 b) at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.

In any event, your daughter was abducted and needs to be returned.

Offline dmdaven2

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Re: Davenport Abduction Case
« Reply #9 on: March 11, 2009, 10:13:13 AM »
Your exactly right Tim, and I knew this, however I knew that the Judge probably didn't know...and so I said this taking a gamble...and it worked, she believed me and granted it to me thank God...so like I was trying to say to Carlos, sometimes you have to play the system to your advantage...and in my case after rambling off all the info I knew about the Hague and slipping that in there, she took my words as true seeing that I did extensive research. On top of that I wanted to be awarded sole physical and legal custody...it's definitely not required...but I wanted it and made sure I got it "by any means necessary"
 
 
Quote from: tweinstein;4918
Sorry Devon, your understanding is not correct. Partial custody is all that is required.
 
Article 3
The removal or the retention of a child is to be considered wrongful where –
a) it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and
b) at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.
 
In any event, your daughter was abducted and needs to be returned.
Devon Davenport - Father of Nadia Lynn ;)

Offline dmdaven2

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Re: Davenport Abduction Case
« Reply #10 on: March 16, 2009, 01:38:31 PM »
My Hague Application has been received by Brazil Central Authority and they are going to begin the attempt to locate the mother and my daughter. Wish me luck guys
 
Devon
Devon Davenport - Father of Nadia Lynn ;)

Offline M.Capestro

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Re: Davenport Abduction Case
« Reply #11 on: March 16, 2009, 02:25:49 PM »
Devon,
I'll be keeping you and little Nadia in my prayers!!
M

Offline dmdaven2

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Re: Davenport Abduction Case
« Reply #12 on: March 18, 2009, 01:42:13 PM »
http://www.missingkids.com/missingkids/servlet/PubCaseSearchServlet?act=viewPoster&caseNum=1115752&orgPrefix=NCMC&searchLang=en_US

The missing poster is up...hopefully I can get somewhere with this as well.

Larissa (the abductor) doesn't speak any portuguese, in fact she was born in Brazil but moved here when she was 3 with her mother. Larissa never knew her father, it is suspected that her mother did the same thing to her biological father that Larissa is doing to me, except she left from Brazil to the US, and Larissa left from the US back to Brazil.

Crazy situation

Larissa was a model, and her looks have gotten her very far, in fact she was able to talk he new husband into marrying her after only knowing him for 3 months. She is using him because she cannnot possibly survive in Brazil not speaking portuguese, and he speaks it so, he is a pawn in her master plan.

I'm thinking if my case ever goes to trial the Judge will look at us like "wait, neither one of you speak portuguese, why is this case here in the first place?" and then order the return of my daughter. Larissa has no purpose in Brazil, sadly this is all a revenge driven situation in which she's dug herself so deep criminally that she'll avoid court at all costs.

Will the Hague trial continue if the Defendant (abductor) is not present? If not, then I'm curious as to what policy is in place because what if they just keep not showing up and evading the court order? Will i just never have a hearing?
Devon Davenport - Father of Nadia Lynn ;)

Offline SageDad

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Re: Davenport Abduction Case
« Reply #13 on: March 18, 2009, 03:07:12 PM »
One of the best ways to win a Hague case is to never allow authorities to notify you that you need to appear.  Until the parent has been subpoenaed it is a purely civil matter that local law enforcement in the foreign country tend to assign very low priority to (Brazil may be different in this regard).  Once the taking parent has been subpoenaed it becomes a criminal matter in the foreign country if they do not appear which assigns it some level of higher priority, however marginal.  In Mexico, only about 20% of the Hague applications ever make it to trial for lack of enforcment and inability to track down abductors (corruption also plays a role here).  Hopefully some of the other LBP's can shed some light on what resources are available to track down abducting parents in Brazil?  In Mexico, you're pretty much on your own to hire private investigators or offer rewards unless you can make it a political issue (in which case you probably have the resources to hire investigators and offer rewards anyway).

I recommend creating Orkut, MySpace and Facebook pages offering details of your case and a small reward for information, if you can afford it, and then look for "friends" and groups that are specific to that area of Brazil and begin to add them.

Hopefully the NCMEC already has resources to put up missing person fliers in those parts of Brazil as well.
“What you seek is seeking you.”
― Rumi

Offline mfer

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Re: Davenport Abduction Case
« Reply #14 on: March 18, 2009, 05:58:18 PM »
Hi Devon,  I am working on an effort to contact left-behind parent's Senators.  I have read your story & replied to your sister's origninal post about it on fb.  I am so terribly sorry you are going through this & hope your darling Nadia will be home with you soon.  I am contacting your Senators now.  Best wishes!