US embassy cable - 05SANJOSE2751

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