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Author Topic: Davenport Abduction Case  (Read 36738 times)

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Offline dmdaven2

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Re: Davenport Abduction Case
« Reply #15 on: March 26, 2009, 09:53:30 AM »
My daughter Nadia's story will be airing tonight on North Carolina's local television station WRAL. It will go indepth on what occured. Hopefully this is a start in some positive momentum for other media agencies to take this issue seriously
Devon Davenport - Father of Nadia Lynn ;)

Offline M.Capestro

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Re: Davenport Abduction Case
« Reply #16 on: March 26, 2009, 10:42:35 AM »
Quote from: dmdaven2;13846
My daughter Nadia's story will be airing tonight on North Carolina's local television station WRAL. It will go indepth on what occured. Hopefully this is a start in some positive momentum for other media agencies to take this issue seriously

Devon, that's great news! Congratulations!! If one becomes available, please post a link later so all of us can watch.

Offline dmdaven2

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Re: Davenport Abduction Case
« Reply #17 on: March 26, 2009, 01:45:04 PM »
I'll keep everyone updated
 
I was able to get a response from the AGU
 
AGUOuvidoria-Geral

Resposta da demanda 001209/2009-37

Prezado Sr. Davenport, Em resposta a sua demanda, informo-lhe que a Advocacia-Geral da União somente pode agir atendendo a pedido da Autoridade Central. Portanto, imediatamente após o recebimento de sua comunicação, contatamos a Secretaria Especial dos Direitos Humanos, a Autoridade Central brasileira, para confirmar o status de seu caso e solicitar atenção imediata a ele. Temos um Departamento especializado em conduzir assuntos de subtração internacional de crianças baseados na Convenção da Haia, Tão logo seu caso seja recebido nesta Advocacia-Geral, enviado pela Autoridade Central, que analisará os aspectos jurídicos da demanda e, não havendo obstáculos, dará início a ação judicial para aplicar o tratado ao caso, retornando a criança a seu lugar de residência habitual. Garantimos que tais casos são conduzidos com prioridade nesta instituição. Atenciosamente, ----- Dear Mr. Davenport, In response to your demand, I inform you that The Office of the Attorney-General of the Union can only act following a request from the Central Authority. Therefore, immediately after receiving your communication, we have contacted the Secretariat of Human Rights, the Brazilian Central Authority, to confirm the status of your case and asking for immediate attention to it. We have a Department specialized in conducting matters of international child abduction based on the Hague Convention. As soon as the case is received by our office, sent by the Central Authority, said Department will analyze the legal aspects of your demand and, if there is no obstacle, start a judicial law suit to apply the treaty to the situation, returning the child to her habitual residence. We assure you that these cases are handled with priority in this institution. Best regards, Ouvidoria-Geral da AGU
Resposta da demanda:

----------------------------------------------------------------------
I also got a response from US Consulate in Rio
 
Dear Mr. Davenport,
Thank you for your letter and the pictures you sent of Nadia. We have forwarded all of the information to our embassy in Brasilia, which will be the central point of the search for your daughter. Once we are able to locate Nadia, then the consulate nearest to her will take next steps. As soon as we hear some news we’ll let you know.
Kind regards,
Carla

Carla Benini
Consular Officer
American Citizen Services
U.S. Consulate Rio de Janeiro

_------------------------------------------------------------------------------------------------------------------------

And also a response from the US Embassy in Brasilia

Mr. Davenport – My apologies for the delay in responding to your query.  I had understood that the Brazilian Central Authority would be contacting you regarding this inquiry.  Since I have not seen that response, I wanted to touch base to assure you that your e-mail was not lost in the ether.

The Brazilian Central Authority will utilize whatever information you have provided in order to locate your daughter.  Any information that you have regarding family, friends, phone numbers and addresses in Brazil will be vital information that the Authority then passes to the Brazilian Federal Police to institute a search for your child.

In Hague cases, the Central Authorities will generally speak directly to each other, not to the U.S. Embassy in the country to which the child was taken, so please forgive me if my office does not always have the information that you seek.  Your first point of contact should be the U.S. authority, the Office of Children’s Issues, in Washington, DC.  Since they are closer to your time zone, that should be more convenient in terms of maintaining contact.

Should we be notified of the location of your daughter, rest assured we will be in touch with you immediately.

With best regards,


Marie C. Damour
Consul General
U.S. Embassy Brasilia


 
 
 
WISH ME LUCK...IM ON THEM LIKE WHITE ON RICE!:cheer:
Devon Davenport - Father of Nadia Lynn ;)

Offline SageDad

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Re: Davenport Abduction Case
« Reply #18 on: March 26, 2009, 07:18:17 PM »
Devon and Nadia's story just aired on our local news (WRAL).  Here's a link to the story on YouTube:

http://www.youtube.com/watch?v=FbQzWB3VcP8
“What you seek is seeking you.”
― Rumi

Offline Wendy

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Re: Davenport Abduction Case
« Reply #19 on: March 26, 2009, 10:45:10 PM »
AWESOME!! Devon...Sean's case is definitely going to help Nadia get home!  It was so frustrating to hear you say that the urgency for your situation wasn't there.  I'm glad you're keeping at these people.
History has demonstrated that the most notable winners usually encountered heartbreaking obstacles before they triumphed. They won because they refused to become discouraged by their defeats.
 
~ B. C. Forbes ~
 
"It doesn't matter which way you cut this. If you abduct a child from a country and remove it from its parents, its other parent and its extended family and its culture, it is one of the most extreme forms of child abuse that you can inflict upon a child."

well said by Ken Thompson.

Offline Wendy

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Re: Davenport Abduction Case
« Reply #20 on: March 26, 2009, 10:45:55 PM »
btw..who is the guy in the suit? Anyone know?
History has demonstrated that the most notable winners usually encountered heartbreaking obstacles before they triumphed. They won because they refused to become discouraged by their defeats.
 
~ B. C. Forbes ~
 
"It doesn't matter which way you cut this. If you abduct a child from a country and remove it from its parents, its other parent and its extended family and its culture, it is one of the most extreme forms of child abuse that you can inflict upon a child."

well said by Ken Thompson.

Offline dmdaven2

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Re: Davenport Abduction Case
« Reply #21 on: March 26, 2009, 10:55:06 PM »
the guy in the suit is my Attorney
Devon Davenport - Father of Nadia Lynn ;)

Offline rachelle4

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Re: Davenport Abduction Case
« Reply #22 on: April 07, 2009, 12:03:19 PM »
Devon, has Nadia been located yet?

Offline sue

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Re: Davenport Abduction Case
« Reply #23 on: April 08, 2009, 09:36:48 AM »
Quote from: dmdaven2;4417
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??
Have they located your daughter yet?  Are they looking?  This should never have happened.  Maybe in the future, people who have been ordered to give up passports should be on a list like terrorists so that they cannot fly?

Offline Sashia

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Re: Davenport Abduction Case
« Reply #24 on: April 08, 2009, 10:33:01 AM »
Devon, can't you go to Brazil and "find" her yourself? It would drive me crazy to know they could wait 4 mos and then say nw that we found her Nadia is "settled" there with her now new Brazilian step-dad. I wonder how hard they're looking for her? Where does her mother live? How is it she was born in Brazil and doesn't speak Portuguese? I know, lots of questions.
I pray!!!!!!!!!!!!!!you don't have to live the agony that David has lived and your Nadia is home with you soon.

Offline tweinstein

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Re: Davenport Abduction Case
« Reply #25 on: April 08, 2009, 11:21:28 AM »
Quote from: Sashia;16443
Devon, can't you go to Brazil and "find" her yourself?
Brazil is geographically as large as the United States and doesn't have the civil infrastructure that we have. I'm sure that law enforcement is not looking as hard as they should be; however, your idea is simply not realistic.

Offline Sashia

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Re: Davenport Abduction Case
« Reply #26 on: April 08, 2009, 07:04:34 PM »
Quote from: tweinstein;16461
Brazil is geographically as large as the United States and doesn't have the civil infrastructure that we have. I'm sure that law enforcement is not looking as hard as they should be; however, your idea is simply not realistic.
Stupidity born of desperation I guess.:flush:

Offline dmdaven2

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Re: Davenport Abduction Case
« Reply #27 on: April 09, 2009, 11:27:16 AM »
Quote from: rachelle4;16218
Devon, has Nadia been located yet?


Not yet from my understanding...:nixweiss:
Devon Davenport - Father of Nadia Lynn ;)

Offline dmdaven2

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Re: Davenport Abduction Case
« Reply #28 on: April 09, 2009, 11:34:28 AM »
Quote from: Sashia;16443
Devon, can't you go to Brazil and "find" her yourself? It would drive me crazy to know they could wait 4 mos and then say nw that we found her Nadia is "settled" there with her now new Brazilian step-dad. I wonder how hard they're looking for her? Where does her mother live? How is it she was born in Brazil and doesn't speak Portuguese? I know, lots of questions.
I pray!!!!!!!!!!!!!!you don't have to live the agony that David has lived and your Nadia is home with you soon.

Haha I COULD go...but i'd have to give up my life here in the US and begin a long life of personal investigative research...but then I step back and say "wait the US has organizations like FBI and INTERPOL for this stuff" so therefore I trust they can do their job more efficiently than I...however, i doubt that they are looking as hard as they can...I believe ANYONE in the world could be able to be located within a 24hr time frame if they TRULY wanted to locate a person...especially a regular ordinary citizen. My daughter as far as the "settling" shouldn't REALLY be a problem as she's only 8months old...it'd take another 2-3yrs before they could logically justify that she is aware of any of her surroundings to the point where removal from her current location would affect her mental state of being...I just know that within 4months she'd still only be "visiting" in Brazil and not a resident. Again expeditious should be a term used often when speaking of Hague and that's what I expect for my case, however I don't have the authority to force that upon said organizations.

Larissa was born in Brazil but her mother brought her here to the US when she was 3yrs old...she's basically non-brazilian, only by birth is she a national.

Her grandmother resides in Brasilia Brazil, and the strange guy she married to be her personal translator is from Santa Catarina...

:nixweiss:
Devon Davenport - Father of Nadia Lynn ;)

Offline dmdaven2

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Re: Davenport Abduction Case
« Reply #29 on: April 09, 2009, 11:37:39 AM »
Quote from: gail;16428
Have they located your daughter yet?  Are they looking?  This should never have happened.  Maybe in the future, people who have been ordered to give up passports should be on a list like terrorists so that they cannot fly?


As far as I know they haven't located her yet, but it was confirmed that as of March 23 they'd begun searching...

Maybe in the future...abducting parents should be struck dead at the attempt of absconding with our children :cloud: haha...or not..
Devon Davenport - Father of Nadia Lynn ;)