Brazilian Press reports second child being returned from Brazil to U.S.

[KBZensen]

"Nacional" in Rio de Janeiro reported on 19-Apr-2010 that the son of Ilma Caldeira, who was taken by his mother from the Las Vegas to Minas Gereis Brazil in 2005 at the age of 08 months, will return to the U.S. according to a Brazilian court order.  The article states that the final decision is with the U.S. courts and that the mother may accompany her son to the U.S. 
Klaus

http://www.sidneyrezende.com/noticia/82773+extradicao+de+menino+para+os+estados+unidos+relembra+o+caso+sean+goldman

Pls. also visit the case of my daughter www.mariacarolina.com

[UD_student]

That is great that after such a long time they didn't decide the child was adjusted to being there and shouldn't be returned. That said, it still shouldn't take that long!!!!! I am glad that at least one judge (if the judge in the Birotte case was the same), outside of those ruling in Sean's case, knows how to apply the Hague Convention (well, not the speed part, but logic in determining where the child belongs). They need more of them though!!!

[KBZensen]

Small correction, it was not "Nacional" who reported this, but Sidney Rezende, a Brazilian journalist from Rio de Janeiro.
Klaus

http://pt.wikipedia.org/wiki/Sidney_Rezende

[tweinstein]

This is the Birotte case, but the facts are somewhat wrong. Kelvin was born in 2005 and abducted in April, 2006. Although it says that the mother can accompany Kelvin back to the United States, she is currently MIA (though apparently Kelvin is not).

[lovellboys]

This is the Birotte case, but the facts are somewhat wrong. Kelvin was born in 2005 and abducted in April, 2006. Although it says that the mother can accompany Kelvin back to the United States, she is currently MIA (though apparently Kelvin is not).

Was this case on our radar?  The name is not familiar.

[M.Capestro]

Yes. Kelvin has a sub-forum in the International Case forum:
http://bringseanhome.org/forums/index.php/board,29.0.html

[UD_student]

Thanks for clarifying TWeinstein as after I posted I was wondering if the cases were the same as the name was almost identical to what was in the Birotte subform on here.

[lovellboys]

Yes. Kelvin has a sub-forum in the International Case forum:
http://bringseanhome.org/forums/index.php/board,29.0.html

Duh - I dropped the ball there!!  I'm confused though - is the child MIA with the mom? 

[Dan_Plainview]

This is the Birotte case, but the facts are somewhat wrong. Kelvin was born in 2005 and abducted in April, 2006. Although it says that the mother can accompany Kelvin back to the United States, she is currently MIA (though apparently Kelvin is not).

Just a guess, but sometimes when in the return order/ decision they make reference to the abductor being able to return/ follow the child back to the habitual residence ... rather than issue an immediate warrant to execute the return, they serve the abductor with an order to respond (once served) w/in 48 hours as to whether they will exercise their right to return/ follow. When they do this, the warrant is withheld contingent on the response to the order. The problem is this provides time (some might argue it is designed for this) to the abductor to appeal the first order (return).

If this is true, and it is also true that Kelvin's whereabouts are known, they will still need to find the abductor to serve this order and have the 48 hour time period lapse before they will issue a warrant to execute the return order ...

[forthelost]

This is the Birotte case, but the facts are somewhat wrong. Kelvin was born in 2005 and abducted in April, 2006. Although it says that the mother can accompany Kelvin back to the United States, she is currently MIA (though apparently Kelvin is not).

That's probably a google translation.

[tweinstein]

We'll know soon whether the exchange actually happened because Kelvin Sr. is supposed to be back in the U.S. tomorrow with Kelvin Jr. It's very good that Kelvin says he has a large support network because I was thinking about this:

- Kelvin Jr. was taken when he was 8 months old and therefore neither speaks English nor recognizes his dad as his dad. Kelvin Sr. does not speak Portuguese. It will make for some interesting times.

[KBZensen]

This is the Birotte case, but the facts are somewhat wrong. Kelvin was born in 2005 and abducted in April, 2006. Although it says that the mother can accompany Kelvin back to the United States, she is currently MIA (though apparently Kelvin is not).

That's probably a google translation.

It is actually my translation, google is not to blame in this case.  Thank you to Tim for correcting the facts that were mentioned in the article...
Klaus

[M.Capestro]

I thought Kelvin approved a 3-month visit to Brazil. The trip initiated in April, which is why some sources state that the the "abduction" didn't happen until July.

[tweinstein]

I thought Kelvin approved a 3-month visit to Brazil. The trip initiated in April, which is why some sources state that the the "abduction" didn't happen until July.

In a related situation, my children went to Brazil in June, 2006. I listed the date of the illegal retention on my petition as August, 2006 because that is when they were scheduled to return. My wife's attorney argued that the date was actually June and since Brazil did not formally file the case until July, 2007, more than one year had elapsed, allowing the judge to consider whether my children had adapted. Of course, the AGU argued against this in their appeal.

[KBZensen]

GLOBO FROM RIO DE JANEIRO, ONE OF THE LARGEST NEWSPAPERS IN BRAZIL, HAS PICKED UP THE STORY AND PUBLISHED TODAY...
Klaus

http://g1.globo.com/brasil/noticia/2010/04/justica-determina-que-ex-jogadora-de-volei-entregue-filho-ao-pai-nos-eua.html