Child Abduction Update- Kaitlyn Bravo

UNCLAS SAN JOSE 002751

SIPDIS

DEPT FOR CA/OCS/CI

E.O. 12958: N/A
TAGS: CASC CR
SUBJECT: Child Abduction Update- Kaitlyn Bravo


1. Summary. AmCit Kaitlyn Bravo was abducted in 2002 by her
father and taken to Costa Rica. The father turned Kaitlyn
over to a local caretaker, who now seeks legal custody. A
Consular visit on 17 November was unsuccessful, and it
appears the caretaker acted deliberately to deny access.
The Consular Section continues to work with local
authorities to gain the return of Kaitlyn to her AmCit
mother. End Summary.


2. Kaitlyn Leslie Frances Bravo (PDOB: CA 04Jul2001) is the
daughter of AmCits Luis Bravo and Crystal Holman. On May
10, 2002, Bravo forcibly took Kaitlyn from Holman, and soon
thereafter father and daughter arrived in Costa Rica, where
Bravo has distant family ties. Holman filed a police report
on the abduction, but was unaware of Kaitlyn's whereabouts
until six months later when Bravo contacted her, requesting
money. The Department of State and post were unaware of the
parental child abduction until March 2003.


3. In September 2002, Bravo turned Kaitlyn over to a
caretaker, Maria Isabel LIZANO Barrantes, while he attempted
to sort out numerous personal and financial problems.
Lizano resides near San Isidro, a rural community about four
hours south of San Jose. Bravo departed Costa Rica in April
2005, and is presently incarcerated by the state of
California on charges predating the 2002 abduction of
Kaitlyn.


4. Lizano has initiated legal steps seeking custody of
Kaitlyn Bravo, based on abandonment by the father; at one
time Bravo signed a document turning Kaitlyn over to Lizano
on a temporary basis. Subsequently, Bravo made statements
to a social worker alleging Holman's unfitness as a parent.
We, in support of Ms. Holman, have argued that the mother at
no time abandoned the daughter. Kaitlyn was abducted from
Ms. Holman, who had legal custody (while Holman obtained a
court order granting custody, Oklahoma law grants automatic
custody to the mother when the child is born out of
wedlock). Her "unfitness" is based on statements made by
Mr. Bravo, who continues to believe he will someday gain
legal custody of Kaitlyn. Ms. Holman recently underwent a
home study in Oklahoma, which affirmed her fitness as a
parent and her ability and willingness to support Kaitlyn.
We have the home study and are assisting with a translation
for presentation to the courts (the translation Ms. Holman
obtained in Oklahoma is of poor quality and would not be of
assistance in a Costa Rican court). FYI. While Costa Rica
has ratified the Hague Convention on Parental Child
Abduction, the U.S. does not recognize the ratification
based on the absence of implementing legislation and overall
non-compliance.


5. Post makes periodic visits to Kaitlyn Bravo, accompanied
by representatives of PANI (El Patronato de la Infancia -
National Child Welfare Agency). On November 17, a scheduled
visit went awry - although Lizano agreed to the visit, there
was no one at home, and a neighbor (who turned out to be
Lizano's son) quickly affirmed that Lizano and Kaitlyn were
in San Jose for the day. More than an hour later, a follow-
up by PANI indicated that someone was at home, and we
suspect Lizano acted to avoid contact with the Embassy and
PANI. SEPTEL provides details of the visit and PANI
thoughts regarding this case.


6. Ms. Holman has legal recourses in Costa Rica. However,
these recourses would require a significant expenditure of
time and money - perhaps several months in Costa Rica and
thousands of dollars in legal fees alone. Ms. Holman has
limited financial resources; she is employed part-time and
is the sole provider for an infant child in Oklahoma. She
has obtained some financial support from interested parties,
and is willing to come to Costa Rica in order to regain
custody. We have argued that Ms. Holman should not have to
contest Lizano's suit - Holman is the biological mother with
legal custody in the U.S., Kaitlyn has no claim to Costa
Rican citizenship, the child was taken forcibly from her,
she took steps to locate the child and regain physical
custody, there are no grounds to declare Holman an unfit
parent, and, in any event, a determination of fitness would
be for a US court to decide. While the above seems
reasonable, it is likely Ms Holman's presence in Costa Rica
will be required at some point. We have taken steps to
minimize her stay, and limit her costs (three different
lawyers have agreed to take her case and charge only for
expenses).


7. The reality is this - the longer Kaitlyn remains in Costa
Rica with Lizano, the more difficult it will be for Costa
Rican courts to order her return to her mother. This case
is a priority for us, and we will continue to push Costa
Rican authorities to do the right thing both legally and
morally.

FRISBIE