I have lived a total of 9 years in the United States, including the last 5. My 3 children have spent most of their lives in this great country and my youngest was born in Texas last year. I have come to greatly appreciate American culture and how it holds certain unquestionable truths to the highest of standards. And this is likely one of the greatest strengths of the United States as a nation. Here, everyone has an undeniable right to freedom, self-reliance and equal opportunity. This is a country that stands by its principles, defends its people and once it feels that any of its citizens or principles are threatened it will not stay quiet. It will defend freedom and its fellow citizen to the end. It will wage war if necessary. And may I say rightly so! Sense of community in America is like no other place. People take care of their town like its their home and of their neighbors like their family. And it is with this in mind and with a heavy heart that I need to bring your attention to a great injustice, and to an international crime that has been ongoing in this country, more specifically in the state of California, in the beautiful beach suburbs of South Los Angeles.
Isabel Bierrenbach is my first cousin. Although we spent much time together at our family home in the outskirts of Rio until the mid 1980’s, I have seen her just a handful of times since. Most recently at our grandmother’s funeral in 1997, and the last time was around 2005 when I briefly visited my uncle, her father who was working in Lisbon, Portugal. So although family, I am not close to Isabel and will present what has happened over the past several months in the most factual and exact way I can essentially as if she were a “stranger”.
Isabel met Marcio in Brazil in the early 2000’s, they got married in 2005. In 2007, Marcio was offered a good job to coach volleyball in California; the couple obtained a work visa and packed their bags to the West Coast. In 2008, Isabel become pregnant and on May 5th, 2009 gave birth to a beautiful boy named Antonio. Although this country grants citizenship Jus de Solis, and Antonio is rightfully entitled to an American passport, he is first and foremost a Brazilian citizen Jus Sanguinis, or “by blood”. Please imagine yourself moving to Brazil (or to any other country) with your spouse and having a child. Would you consider that child to be first Brazilian or American? I think most of you would say the latter and this is important to the case so keep it in mind.
In 2011, Isabel’s and Marcio’s marriage ended. As unfortunate as it may be, it is a growing fact of modern life. There is nothing surprising about divorce and the vast majority of couples work out their differences so they can have a respectful relationship after separation and that is especially important when there are children involved, even more so when the children are young. After a couple of thoughtful attempts to work out their marriage, the couple decided they could no longer live together and it was mutually decided that Isabel would return to Brazil with Antonio in early October 2011. Please keep an easy mind about the facts I present here, when I say mutually decided, it is because I’ve seen the email exchanges, the father’s involvement in picking the child’s school in Brazil, the choice of health insurance, the shipping of all of the child’s belongings to Rio de Janeiro, etc, etc, etc. There is no argument about the fact that Antonio moved permanently to Rio de Janeiro, to live and reside with his mother there. There is not a shred of evidence to the contrary. And if there were, there has been plenty of time for such evidence to surface and it has not happened.
Isabel and Marcio’s relationship remained amicable for the months following Isabel and Antonio’s move to Rio. Isabel, as most mothers would agree, knows the importance of the role of the father in the upbringing of a child and as Marcio seemed to be a caring and responsible father. Marcio came to spent December in Rio. During this time, he and his family had full access to Antonio. Further, Isabel had no issues when Marcio asked that Antonio travelled with the paternal grandmother to spend the month of January of this year with him in California. Marcio bought Antonio a roundtrip ticket for Antonio with the return scheduled for February 2nd.
On January 31st, Isabel’s nightmare began.
She was served by Marcio’s attorney with a document to appear in a California court just 48 hours on February 2nd. At the hearing, Marcio asked for sole custody of Antonio claiming that Isabel was at “flight risk” (she was in fact in Rio) and another gamut of charges that were as surprising as they were incredible and outrageous. This simply caught everyone, our family, friends, people who knew (or thought they knew) Marcio by surprise. Everyone was in shock. In the couple of days that Isabel was left to act, she was able to retain council who presented evidence showing that Isabel had custody in Brazil. A second hearing was scheduled on February 21st so Isabel could be heard. The California judge refused to give any kind of custody to Marcio, temporary or otherwise and determined that California had no jurisdiction in the case.
In the months that followed, Isabel tried in every way possible to reach Marcio with no success having very few contacts by skype with her son, the few times Marcio would allow her to.
In the meantime, the legal case was put in motion in Brazil and was actually efficiently treated by the Brazilian courts and government. An actual pleasant surprise for those of us who are usually incredulous whenever we need the action of public officers in any matter, especially in an issue of such graveness. In March, a search warrant and seizure based on the Hague Convention International Law was filed in the Human Rights Ministry in Brazil who analyzed and issued the warrant. It was sent to the US Human Rights Office in Washington, DC who also approved the case and sent to the California Attorney General’s Office or it currently sits. Isabel currently awaits the office to bring the case to California Federal Court. At the same time, Isabel’s Council has filed a petition for foreign custody in California District Court which was scheduled for April 30th and after legal maneuvers from opposing council it was rescheduled for June 4th.
On May 2nd, 3 months after her son was supposed to fly back to Rio, Isabel traveled to Los Angeles at the advice of her council and with a hopeful heart that she would see her son after 120 days. By this time, a little note in the Globo newspaper, one of the largest circulating papers in Rio and a Facebook page named “Volta Antonio” or Bring Antonio Home sparked a media frenzy that would hit major TV coverage in Brazil to small volleyball blogs on the web to Chinese news channels and much of in between. The links are all available through the FB page or through the page www.voltaantonio.com.br. Public opinion in Brazil has been unanimous. Not a single person has come forward with any reasonable or unreasonable explanation of why Marcio has kidnapped his own child and deprived him of such basic and critical contact with her toddler son. He and his family have been silent.
Marcio Sicoli is an accomplished professional in the realm of sports. In addition to coaching female volleyball teams at the prestigious Pepperdine University in Malibu, Sicoli trains the most accomplished pair of beach volleyball perhaps in the history of that sport. Two time Olympic gold medalists Kerri Walsh and Misty May. Perhaps his success in the sand stems from his highly competitive nature. This drive to “win” and defeat others seems to have overflowed into his family life. It has clouded his good judgment and made him temporary or possibly permanently insane. The more I think about it and I’ve thought a lot about it over the last several months, there is simply no other explanation for his actions. I keep imagining a mountain hiker who has an accident in a high peak and when brought to the hospital is suffering from severe frostbite. The doctor tells him that he will lose his left leg but with quick surgery his right one may be saved and the hiker’s reply is “please concentrate your efforts on my left pinky”. And as the bacteria attacks and collapses his lungs, the last words he utters “how is my left pinky?”. Sicoli is cornering himself in such way that will cost his career, his son and possibly his freedom. His ego and pride are preventing him from acting in a sensical way, using his son as possession, a bargaining tool to blackmail Isabel with the most outrageous requests such as hiring a private supervisor to oversee her visits at $200/hour for 6 hours a week, or surrendering her passport to him.
Yesterday, May 11, Isabel attempted one last time to make an agreement so she could see her son this weekend. Mother’s Day weekend. All of us, her family and friends, were hopeful that she would at least have determined visitation with her son until the Hague case is decided on Federal courts and Antonio, Isabel and Marcio are ordered back to Brazil so they can argue their custody case in the right courts. After 4 hours of negotiations with a schedule determined for the next 2 weeks which would allow Isabel to once again be part of her son’s life, Marcio pulls a letter out of his pocket and demands that Isabel signs it. The letter requests that Isabel “stops all media coverage of the case” as if she could accomplish that even if she wanted. As she would have the power to censor the Brazilian and International media that are covering the case with increasing interest. The mediator, an independent attorney who was managing the negotiations stated that “that letter was outrageous and of course that Isabel shouldn’t sign it”. Marcio got up and left.
As Isabel drove home last night, through the heavy LA traffic, she wept. She did not see her son on his 3rd Birthday and she would not see him on Mother’s Day either. He would remain hostage at the mercy of his irrational father and a heartless grandmother.
And so what I ask of you is to think about this story. Ponder the facts and the situation. If you have kids, try to put yourself in Isabel’s shoes, an incredibly brave and loving 35-year old mother. If you have any doubts or questions about anything related to the case, please ask me. I promise to be prompt in my answers. If you feel compelled or moved to do something, as I am sure the majority will be, think about what you can do to help. Maybe it’ll be by just telling this story to a couple of friends, maybe you know someone in the press in California who can help us shine more light, maybe you will feel you need to share the “Bring Antonio Home” page on your Facebook timeline (there is a petition you can sign there). Maybe you know an incredible lawyer who can help. We have assembled a great legal team, with 4 attorneys, in 3 cities and 2 countries, but solid legal help is always welcome. Or maybe you have a good government connection in California who can help us speed the legal train. Or maybe you’ll have other ideas and we’ll love to hear them.
Although, I said in the beginning of this letter that I wasn’t close to Isabel, my wife Susan and I have felt tremendously close to her over the last few weeks and increasingly more over the last few days. There is certainly a genetic key that turns on and heats our blood and focus our minds when someone in your family goes through something like this. And Isabel has showed incredible strength, like a mother capable of lifting a car if her child is pinned under it, she has kept a clear mind, focus and patience as her former partner tries in all ways possible to destroy her psychological well-being.
The International Hague Convention case will eventually be decided and Isabel will return to Brazil and Antonio will grow up in his loving family with mom, grandparents, many uncles, cousins, neighbors and friends. He’ll continue to be deeply loved and this sad story will be a far remote part of his past. We think he’ll have a good heart and will be able to forgive his father for how he treated him when he was just a baby. In the meantime, what can we do to reunite Isabel and her baby Antonio?
Cris Bierrenbach
Dallas, Texas – May 12th, 2012.
Email: crisb@ha.com – Phone: 214-409-1661.
Last minute update, March 14th, 12:50AM:
Yesterday, on Mother’s Day, Marcio contacted Isabel asking if “she was responsible” for all the media coverage the case has gotten. Isabel ignored the question. Once again, she begged Marcio to allow her to see her son. Under his own agenda, Marcio agreed to bring Antonio to a public park in Hermosa Beach, CA where Isabel spent about 2 hours with him with Marcio and his mother watching over her every move and taking pictures. Once her 2 hours were up, Marcio picked up Antonio and left.




Tom Jobim: O imposto de renda me tira 45% na fonte e, como sou residente no exterior, não posso fazer nenhuma dedução. O Brasil é um país de parasitas, que persegue quem trabalha. Se descobrem que você trabalha, correm atrás de você o fiscal, a polícia, os ladrões. Falam mal de você. O Brasil me dá prejuízo.
