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INSIDECOSTARICA.COM | COSTA RICA NEWS BRIEFS  |  Monday 31 January 2011

Costa Rica Court Orders Minor Be Sent Back To The US

"I came to Costa Rica because I thought they would help me protect my daughter. I fear that they will take her from me and put her in the hands of a person with a history of drug abuse and violence", said Trina Atwell following a decision by the Sala Constitucional that ordered her daughter back to the United States.

Atwell fled to Costa Rica in 2009 with her daughter after being a victim of domestic violence.

The Sala Constitutioncal dismissed the write of habeas corpus filed by Atwell last month, after the Patronato Nacional de la Infancia (PANI) - Costa Rica's child welfare system - with the support of the Juzgado de Niñez y Adolescencia and Tribunal de Familia (Family Court) decide the return of the child based on an application for return filed by the parent.

Fanny Cordero, press director of the PANI, explained that the PANI is the central authority of the juvenile restitution agreement and that the girl should be returned to the US central authority and not the father directly, until custody is defined.

Cordero said that PANI officials went to the Atwell home over the weekend but they could not take the child and would be back today (Monday).

Atwell says that she left the US with the proper requirements, including the parental signature, but the father later filed for kidnapping and an arrest warrant against Atwell was issued.

Helping Atwell with her case is the Área de Mujer de la Defensoría de los Habitantes (Women's department of the Ombudsman's office) that filed the writ of habeas corpus and is evaluating other alternatives to avoid the minor being sent back.

"The return of the child means an complete uprooting. Who will she travel with, if not with her mother who faces arrest on arrival", said Alejandra Mora of the Ombudsman's office.

"This is just one of the many cases we see regularly; women victims of violence, mothers who flee to save their lives and that of their children, but the system reserves it", Mora added.


 

 

 
 
 
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