Five Year-Old U.S.Child Fought Over in Brazilian Court

As reported by the East Valley Tribune, Michael Sanchez, of San Tan Valley, hasn't seen his 5-year-old daughter in 2 ½ years and is fighting for her return to the U.S. from Brazil in a federal court.

The child, Emily, was born in the United States. Sanchez's ex-girlfriend and Emily's mother, Nigia Machado, took her to Brazil in March 2008 during their child custody battle. The couple had previously resided in Illinois.  Machado, not a legal U.S. resident, is from Brazil and now resides there. 

In September the U.S. State Department notified Sanchez that Interpol had located his daughter in Brazil. Sanchez flew there on October 10 with the hopes of seeing Emily.

Provisions of  the Hague Convention - Brazil is part of the international treaty - has given Sanchez hope that he can bring Emily home as she was illegally abducted from the country she was born in.

During the 10-day period Sanchez was in Brazil he was not allowed to see his daughter. Sanchez contends that Machado would only speak to him by phone and played "the same games" she did when she lived in Illinois. 

When Sanchez returned from Brazil he said, "I want to see my daughter, and work something out with her mother where we both can be a part of Emily's life. My intent was not to go there and argue, but to see my daughter. Nigia just came up with more excuses to not let me see her. I went there expecting the worst, and that is what is happening. It's time to end this."

The Central Authority in Brazil, akin to our State Department in the United States, told Sanchez that a federal court case is pending against Machado.

Machado has moved again, and though believed to be somewhere in Brazil, she has not been located. The Central Authority is waiting to see if Machado will abide by the Hague treaty - allowing Sanchez to be reunited with his daughter - or if the federal court case will proceed.

Sanchez plans to return to Brazil again in December, if Emily has been located. Machado will be facing federal kidnapping and abduction charges if she does not comply by then. 

While still in Illinois, in 2008, a court granted Sanchez visitation every other weekend and two days per week, but by March of 2008, at a scheduled visit, Sanchez was greeted by an empty apartment and a note from Machado. In it, Machado complained of the court battles, her own custodial status as an illegal immigrant, and, her decision to flee the country with Emily.

Sanchez reported her missing on March 27, 2008. The amount of time since he has seen her has caused him concern and worry: Would Emily even recognize her father?

Machado wants a $10,000 civil suit brought against her by Sanchez, to help cover some of his legal fees, dropped. She also wants full custody of Emily.

Sanchez responded, "I am not going to drop anything until I see my daughter.  There's no running from this anymore. Nigia needs to start cooperating. I went to Brazil to try to work something out with her, but I can't do this alone."

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