Mother filmed taking her son from his grandmother says she will not return the child: ‘only if the courts come and take it’; VIDEO | Santos and Region

Video shows moment in which 5-year-old child is dragged and forcibly taken by her mother

“I was just going to spend the day with him and I was going to return it at night. […]. I won’t return it anymore [o menino], he is my son. Only [vou devolver] if justice comes and takes“, stated the child’s mother, who did not want to identify herself. As determined by the g1on Wednesday afternoon (24), the Court issued the search and seizure warrant of the boy.

The father and paternal grandmother have been with the boy for three years. They obtained temporary joint custody on January 25th. The mother, although she is authorized to see him, depends on supervision, and could not have dragged him and put him in a car, as she did on Tuesday morning (23).

The woman explained to the reporting team that she decided to take her son by force after being banned from visiting him. To the g1the father, Eduardo Cassiano, who works as a road transport assistant, denied the threats and said that the woman can see her son whenever she wants.

According to the mother, the ban on visits would have happened after the man filed a shared custody regulatory action in January, when, according to him, the woman threatened to take the child to Aracaju (SE).

“I know what I did wasn’t right, but I didn’t have any other choice because I wasn’t having contact with my son. I had no other way out. I’m a mother and I was desperate,” she explained.

According to the woman, the action was not planned and the man who was waiting for her in the car didn’t know anything, he was an app driver.

The child’s mother refused to tell the news team where she is with her son, but said the boy is fine. “He was a little scared because he hadn’t seen it was me. Afterwards, he became very calm and didn’t even talk about himself [pai]. He talks about me and his grandmother [paterna]”, she said.

At the end of 2023, the boy went to spend Christmas at his mother’s house, in São Paulo. When he returned, the grandmother complained that the boy was sick. According to the child’s father, the situation was a trigger for her to send photos of plane tickets to Aracaju (SE), as a threat, he said.

Even with the court’s decision, Eduardo said that the woman had already tried to take the boy by force from school, judo class and even at Easter.

The woman confirmed to the g1 the father’s version, that he had tried to catch the boy. However, she denied that she used the images of the plane tickets as threats.

“It’s not threatening because I’m his mother. The only thing this guy did was make the child and put his name on the registry. He wanted me to abort. Why does he want the child now?”, he asked.

The woman does not have custody of the child. As determined by g1the Court decided to hear a lawsuit filed by the child’s father, which guarantees the man and his mother shared custody of the child.

Although it is a provisional decision, an urgent protection, the judge of the 2nd Family and Succession Court of Santos, Suzana Pereira da Silva, understood that the The boy is happy and has adapted to the family routine. He has lived with his grandmother and father for three years.

The reporting team found that the court made the decision on January 25 of this year, following a request from the father. He filed an action to regulate shared custody, requesting early guardianship, because the child’s mother had threatened to take the son to Aracaju (SE).

“I have audio recordings of her mother that were crucial in the case files. The judge understood that, as her mother herself says, she does not take care of her daughter (aged 17) or her boy (aged 5)”, said Eduardo Cassiano, who has not seen his son since Tuesday (23), when he was forcibly taken from his paternal grandmother.

Eduardo told g1 that the woman had asked him and his mother to take care of the boy. “She works promiscuously and leaves her child everywhere. So, the explanation was that she wasn’t going to take care of him, that she couldn’t,” she said.

To the g1, the mother denied having abandoned her children. According to her, the 17-year-old girl, the result of another relationship, lives with her grandmother in Aracaju (SE). As the youngest child, she would have been left with her father and paternal grandmother at Eduardo’s request.

“He said he wanted to stay with the boy for a while to get closer to him. I was working in São Paulo […]. It wasn’t because I didn’t have the financial means, I’m the one who gives everything to my son. I let him stay close to his father and his family,” she explained.

According to the police report, the boy’s grandmother was taking him to school when she was surprised and pushed by his mother last Tuesday morning (23), in the Ponta da Praia neighborhood. “The child threw himself and shouted: ‘Grandma, grandma’,” said Eduardo.

In the video, you can see the woman wearing a red outfit. She grabbed the boy by the arm and he fell. His mother dragged him and then carried him to a car. An unidentified person was already waiting in the driver’s seat to leave the vehicle. The elderly woman tried to reach them, but couldn’t.

The paternal family’s lawyer, Talita Alambert, registered a police report at the 3rd Police District (DP) of Santos and filed a request with the Court for a search and seizure warrant for the minor to be issued.

O g1 had access to the document from the Public Ministry (MP) that gave a favorable opinion for the warrant to be issued on Tuesday (23). Now, the family is confident that it will be approved by the Court of Justice of the State of São Paulo (TJ-SP).

The person responsible for the defense said that the mother committed two crimes: assaulting an elderly woman and abducting a minor. But, the focus is on finding the boy. “We need help locating the child before he actually leaves the state and makes it much more difficult to locate,” said Talita.

In a statement, the Public Security Secretariat of the State of São Paulo (SSP-SP) reported that the case was registered at the Santos Women’s Police Station. According to the ministry, police are carrying out investigations to locate the minor and clarify what happened.

Even without custody of the child, the lawyer and vice-president of the Brazilian Bar Association (OAB) of Praia Grande (SP), Natália Bezan Xavier Lopes, explained to the reporting team that it is not a crime of kidnapping because it is not there was interest in obtaining a financial advantage.

“What we have is the subtraction of incapable. [De acordo com o Código Penal,] she can be arrested [e pegar pena] from two months to one year […]. There may also be a request for moral damages depending on the inconvenience”, said the lawyer.

If the minor did not suffer ill-treatment or deprivation, Natália stated that the Court may stop applying the penalty. In any case, the woman must be fined for failing to comply with a court order for custody and visitation, as provided for in the Child and Adolescent Statute.

O g1 tried to contact the defense of the woman who disappeared with her son, but could not locate her until the publication of this report.