United States Department of State

March 16, 2001

Mr. Carlos Bustamante

8505 SW 152^nd Avenue

Apartment 271

Miami, Florida 33193

Dear Mr. Bustamante:

    As requested in your March 8 correspondence, please find attached a copy of diplomatic note # 208, sent by the United States Embassy in Bogota, Colombia to the Colombian Ministry of Foreign Affairs on February 27, 2001.

    If you need any further assistance, please contact Kim Christman, of the Office of Children's Issues, at 202-663-2632.

Sincerely,

Beth H. Cooper

Attorney-Adviser

Office of Policy Review

and Interagency Liaison

COPY

Note No. 208




The Embassy of the United States of America presents its compliments to The Ministry of Foreign Affairs of the Republic of Colombia.


The Embassy of the United States of America would like to bring to the attention of the Ministry of Foreign Affairs the case of Melissa Marie Bustamante, a United States citizen child being held in Colombia by her mother, Cecil Jacqueline Argote Ruiz, against the wishes of the child's father, United States citizen Carlos Bustamante. This case is currently being processed under the articles of the Hague Convention on the Civil Aspects of International Child Abduction, to which both the United States and Colombia are signatories.
 

On August 3, 1998 Melissa Bustamante, then age two, was brought to Colombia by her mother against the wishes of the child's father. Though Mr. Bustamante had advised a United States court that he feared his ex-wife would not return Melissa to the United States if the child were allowed to travel on vacation to Colombia as requested by her mother, a United States court denied his request for an injunction preventing Melissa's removal from the United States and instead authorized the temporary departure of Melissa to Colombia for a three week vacation period after the mother testified under oath that she would return the child to the United States on August 23, 1998.


Unfortunately, as feared by Mr. Bustamante, to date Melissa's mother has refused to return the child to the United States, violating the United States court order. Mr. Bustamante asserted his legal rights by filing a petition under the Hague Convention to seek the immediate return of his daughter, Melissa, to her country of habitual residence, in this case the United States of America. Under the Hague Convention, the judicial system of the child's country of habitual residence, again in this case the United States of America, should determine custody issues.


Since her arrival in Colombia, Melissa's mother has used administrative levels of the Instituto Colombiano de Bienestar Familiar (ICBF) and multiple judicial levels of the Colombian court system to fight and delay the return of Melissa to the United States. Most recently, the Tribunal Superior del Distrito Judical de Bogota, D.C., Sala Civil ruled in the mother's favor. In accord with Colombia's treaty obligations under the Hague Convention, these custody issues should be determined by U.S., not Colombian, judicial systems.


The Government of the United States of America urges the Ministry to review ICBF responsibilities as Central Authority under the Hague Convention and ensure that the ICBF fully comply with its treaty obligations. The Government of the United States of America also requests that it be expeditiously advised on the current status of this case and when it is expected that Melissa Bustamante will be returned to the United States.


The Embassy of the United States of America takes the opportunity to renew to the Ministry of Foreign Affairs of the Republic of Colombia the assurances of its highest and most distinguished consideration.


Embassy of the United States of America

    Bogotá, D.C. February 27, 2001