Report: Boy in Custody Battle Wants Brazil, Not NJ

Source: NYT

BRASILIA, Brazil (AP) -- A transcript says a 9-year-old boy at the center of an international custody battle has told his psychologist he wants to stay with his stepfamily in Brazil rather than return to New Jersey with his biological father.

Lawyers for the Brazilian family seeking custody of Sean Goldman on Wednesday released the transcript of a psychologist's interview with him. In the transcript, he tells the psychologist if he's sent back to Tinton Falls he'll ''break down totally.''

In 2004, Sean's mother took him for a vacation to her native Brazil and never returned. She divorced David Goldman and married a Rio de Janeiro lawyer. Goldman is seeking custody.

Read more: http://www.nytimes.com/aponline/2009/06/17/us/AP-US-Brazil-US-Custody-Battle.html

According to international law, the boy belongs with his biological father.

According to the laws of Brazil and the United States, as well as international law as spelled out in the Hague Treaties, to which Brazil is a signatory, Sean should have been returned home for the hearing. But Brazilian courts waited a year to respond to the New Jersey court, and then ruled that since so much time had passed, the child should stay with his mother.

http://www.msnbc.msn.com/id/26867370/

SENATE UNANIMOUSLY PASSES RESOLUTION CALLING FOR SEAN GOLDMAN TO BE REUNITED WITH FATHER

By Michael Pagan

Senate Calls on Brazilian Authorities and Courts To Comply with International Law

WASHINGTON, D.C. - The Senate last night passed a resolution authored by Sens. Frank R. Lautenberg (D-NJ), Robert Menendez (D-NJ), Russ Feingold (D-WI), Bob Casey (D-PA) and Mel Martinez (R-FL) urging Brazil to comply with the requirements of the Hague Convention on the Civil Aspects of International Child Abduction and reunite Sean Goldman with his father in the United States.

"For nearly five years, David Goldman has been fighting to be reunited with his son Sean," Lautenberg said. "Passing this resolution puts the United States Senate on record urging Brazil to comply with international law. Sean belongs at home with his father and I will keep working until Sean returns to the United States."

"This has been a heartbreaking story of a New Jersey family torn apart, but we want to help ensure that it has the best ending possible," Menendez said. "Amidst the international legal and diplomatic wrangling that is ongoing, there is one fact at the core of this case that cannot be forgotten - a young boy and his father have been kept apart for years and prevented from reuniting. The Brazilian authorities must realize that there are basic issues of family at the heart of this matter and that Sean rightfully belongs with his father."

"By passing this resolution, the Senate recognizes Mr. Goldman's courage and perseverance in his fight for the custody of his son, as well as the incredible support from not only friends and family, but people whom he has never met but who are no less troubled by this injustice," Feingold said. "I urge the Obama administration to continue to push for the swift reunification of Mr. Goldman and his son."

"No parent should have to wake up to find that their child has been abducted and they shouldn't have to face these obstacles to get them back," said Casey. "I am pleased that the Senate passed this resolution and I continue to urge the Brazilian authorities to expedite cases like David's."

"Mr. Goldman deserves to be reunited with his son as his rightful guardian. He has diligently worked through all of the proper channels to ensure that he regains custody of his son legally. I call on the Government of Brazil, especially the federal courts, to live up to its commitment under the Hague Convention agreement and international law and return Sean to his biological father. Instances like this are far too common and we need to work to resolve them as quickly as possible," said Martinez.

Sean Goldman, who is eight years old, was taken to Brazil by his mother, Bruna Goldman, in 2004 and kept in Brazil without the consent of his father - David Goldman. David Goldman has since waged a legal battle to get his son back.

Bruna Goldman passed away in 2008. Sean Goldman is currently in Brazil with his stepfather. Only recently was David Goldman allowed by Brazilian authorities to visit with Sean for the first time since he was taken to Brazil.

In January, Sen. Lautenberg personally met with David Goldman and U.S. Ambassador to Brazil Clifford Sobel in separate meetings about the abduction case. In addition, Sen. Lautenberg and Sen. Menendez earlier this year sent a letter calling on Brazilian President Luiz Inácio Lula da Silva to follow international law and assist in the return of Sean Goldman to his father.

Under the Hague Convention on the Civil Aspects of International Child Abduction to which both the U.S. and Brazil are signatories, a child who is a habitual resident in one party country, and who has been removed to another party country in violation of a parent's custodial rights, is to be returned to the country of habitual residence. However, Sean Goldman was not returned to the U.S. and instead has been in Brazil for more than four years. The Senators' resolution urges Brazilian authorities to comply with international law.

http://www.politickernj.com/paganm/28501/senate-unanimously-passes-resolution-calling-sean-goldman-be-reunited-father

It is the best interests of the child - international compacts deal in enforcement of custody orders.

US law (i.e. Laws of all 50 states, since we are discussing custody) permits third party custody if it is in the best interest of the Child AND either the parents can NOT take care of the Child (Most cases) OR the third party overcomes the legal presumption that the best interest of the child is being with a parent (Rarely occurs, but does happen).

Sorry, there is nothing in the article that shows the Father will cause the Child "Great Harm" (A little harm is NOT good enough to deny anyone visitation or custody, the harm has to be a lot more then just a little harm to the child) and as such the legal presumption that the child should be with his Father has to be followed.

I did not read at first that his biological mom was deceased. Carry on...

+1

He needs to go home with his dad.

- and they've been keeping me here for years, thwarting your every move to reclaim me as your son. But now that I've been here so long, and they've fully implemented the Stockholm Syndrome upon my young mind, I think I'd rather stay. You understand?"

to her native Brazil and never returned."

Has Mummy died?

:blush: I should read more.

I've done it plenty of times.

The mother did wrong, but once done, what is best for the child matters most.

to be a parent. stepdad is scumbag lawyer and is interfering with the law and due process.

because he's 9 and was abducted at a young age?

kidding, kidding.

:hide:

Maybe Dad could promise to move to Disneyland to sweeten the pot a little?

The kid has been in Brazil all that time from being abducted and that's what he's use to.

:eyes:

His MOTHER took him to Brazil. She
no doubt loved him very much and
was the primary care giver for him.

He probably LOVES his Brazilian family
and doesn't want to be sent back to
live with a man he hasn't seen for
5 years...(since he was 4?)

That said, I believe he should
be sent back to his biological
father here in the U.S., and I
believe that his mother was wrong
to take him. I hate that the Brazilian
Government has tied up extradition
for so many years and made this a
problem. Just like I HATE it when
a birth-mother exercises her rights
to revoke an adoption within a legal
time frame, and the adoptive parents
tie everything up in court until
they can argue that "they are the
only family the child has known" and
that it is "not in the best interests
of the child" for it to be returned to
the birth mother.

Nothing gets me angrier.

I don't blame the families who
probably love him and can't imagine
life without him on either side of
the story.

Many children who are kidnapped at a young age "love" their kidnappers. Afterall, its the only family they've ever known. I would consider this brainwashing.

And his mother's family.

:shrug:

:eyes:

has no doubt provided some guidance in that child's opinion of his father that the father would find objectionable. Brainwashing is more likely than not.

it really doesn't matter what he wants. he should be with his father.

Brazil is a GREAT place to be
the son of a lawyer.

i didn't really mean what i said , but just that it doesn't really matter where he wants to be and he should be with his dad.

Of course.

But here is not necessarily geographically better than Brazil.

Where the child is old enough to express it.

He should be where it is in his best interests - he is not a piece of property.

and biological father. He was abducted and should have been returned years ago.

he belongs with his biological father.

(snip)

In 2004, Sean’s mother, Bruna Bianchi, took him for a two-week vacation to her native Brazil and never returned. She divorced David Goldman in Brazil and married Rio de Janeiro lawyer Joao Paulo Lins e Silva.

She died last year of complications from the birth of another child, and a Rio de Janeiro state court granted Lins e Silva temporary custody of Sean.

Last week, a lower court ruling that Sean Goldman be returned to the U.S. was suspended by a supreme court justice based on a petition filed by the conservative Progressive Party, which argued that the boy has been living in the country for five years and would be stripped of his current family environment of “happiness, love and comprehension.”

more…
http://www.msnbc.msn.com/id/31232695/ns/today_people/

Not fair of the mother in the first place. And, if I understand correctly, the father was trying to see him all that time and couldn't do it because of the laws in Brazil?

What else is he gonna say?? Sheesh.

legally speaking the kid was not abducted, nothing in the story says he was taken from the country without his fathers permission, not to mention the parents were still married so again in strict legal terms the dads explicit permission was not needed, getting him back depends more on the laws regarding custody in Brazil. It is unfortunate but this happens in international marriages when one parent takes the child from the country to visit the parents native country

without the biological father giving permission. Thus, does the stepfather have a legal claim to him?

if any were

Only then can the father decide to love him enough to let him go. I think he can do that and still leave the door open. I hope the son will knock again one day.

Well, that's one way to play it out.

He should visit his son.

You really need to read up on the case. It's actually pretty interesting.

http://www.cnn.com/2009/US/06/02/new.jersey.brazil.custody/

I usually don't follow these "Today Show" type controversies, but this one just seems so obviously unfair that it's grabbed my attention for some time. This has been going on for YEARS.

Am I missing something?

Women typically don't "flee" to a foreign country and seek a divorce there because everything is peaches and cream. I'm guessing there's more here about Goldman's relationship with the mother and child than what's been reported in that article.

Elian Gonzales' story also wasn't as simplistic as was portrayed in the US media. You do know that he is a superstar in Cuba now? Wealthy, prepped by the elite as a media spokesperson for "communism", favored by even Castro himself....

Family relationships are very tricky. This kid is already 9 years old. That's not insignificant.

And this father has made trips to Brazil and been told, "Well, he's just not feeling well today. Come back tomorrow." Eventually he's allowed to visit, but it's always a struggle.

I suppose there could be some dark history of child abuse, but I haven't seen a hint of it in anything I've read. You?

and love their victim enough to let him go.

Maybe he's a prince of a guy and she just decided to take the kid to Brazil and get a divorce there, but somehow I kind of doubt it.

abuser. He's been fighting this for five years and he has gone to visit the son but they keep his visits very limited. I'm not sure why the stepfather and his family want the boy so badly. The Father of the boy has been on Larry King and other shows. He's brought a lot of attention to this case. You'd think the family wouldn't want the attention.

Either way we let Elian return to Cuba and it only right and fair the boy be returned to his biological Father.

Seems ridiculous that Brazil would become so invested. of course the stepfather is an attorney. He maybe from a powerful family.

The Brazilian family that is holding the abducted child used its political influence to circumvent a court decision.

Brazil court rebuffs bid to block Sean Goldman’s return

By Associated Press
Thursday, June 11, 2009 - Added 6d 14h ago

SAO PAULO - Brazil’s Supreme Court on Wednesday rebuffed a bid by a political party to stop a 9-year-old boy from being taken to the United States to live with his father. But the boy’s return to the U.S. is likely to be delayed by further legal appeals.

In a 10-0 decision, the Supreme Court refused to consider a request by Brazil’s Progressive Party that argued it would be wrong to take Sean Goldman from his stepfather’s custody in Brazil after five years in the South American nation.

The high court ruled that a federal court should decide whether the boy will return to the U.S. or remain with his stepfamily in Brazil.

<snip>

President Barack Obama discussed the custody case with Brazilian President Luiz Inacio Lula da Silva in Washington, and U.S. Secretary of State Hillary Rodham Clinton lobbied for the boy’s return to live with father David Goldman of Tinton Falls, N.J.

And last week U.S. Rep. Chris Smith, a New Jersey Republican, introduced a bill that would temporarily remove Brazil from a duty-free trade program. He says Brazil received $2.75 billion in U.S. trade benefits last year.

But David Goldman’s attorney said Wednesday that a federal court in Rio de Janeiro, which previously ruled the boy be returned to the U.S., still must consider another appeal from the boy’s stepfamily.

http://www.bostonherald.com/news/international/americas/view/2009_06_11_Brazil_court_rebuffs_bid_to_block_Sean_Goldman_s_return/

I'd love to hear her side. Unfortunately she's dead and the kid was very young when that happened, so no telling. But the circumstances arouse suspicion, IMO.

maybe this, maybe that. the bottom line is that the father is the sole remaining parent, and that he never consented to letting his son be adopted.

kidnapping the kids and taking them to Egypt to live the grandfather recently?

such as the one on TV a week ago about the American woman who had her Egyptian husband take her son with him to Egypt afew years back, and she hasn't been able to see him since.

:(

Brazilian lawyer on one of her trips down there? That is my working theory.

Religion may be the subtext to this abduction.

Presumably, if she were a bigot, that would have come up sometime before they got married and had a kid, ya know? And if she was Brazilian I assume she was Catholic, so if she married anybody of another religion (and later divorced, remarried and had another kid) she was presumably not that devout.

I suppose it's possible to read a religious context into almost any behavior, but that doesn't seem likely here from what I've read.

No more than it's apparently possible, with no facts, to read an abusive context into almost any behavior.

Religious context seems as good as "the father might be an abuser" to me.

I'm not saying the father is abusive. I don't know him from Adam. I'm just saying that the available facts about the situation merit some investigation of why the Mother left the country with the child. Her reason may be pertinent to the placement of the child or entirely irrelevant, but it certainly would be prudent to investigate the circumstances of the child's removal from the US prior to ordering his return.

International law (and domestic law) state that the biological parent's rights shouldn't be interfered with. Why she took her son to Brazil is entirely beside the point.

I was once married to an abusive man and had 3 daughters with him. The fact that he beat me had no bearing whatsoever on his right to visit with his children and have a say in their life (I am not stating that I agree with this position. I am merely stating that this was the law).

Unless a parent has abused the child, the law will not interfere with the biological parent's right to raise his/her own child. Right or wrong, that's how it is right now. Since Brazil signed the treaty/law/pact, they should enforce it.

One person has to live in a country that is not his/her own. If that person cannot cope with the new country, then they want to go back to their home country. If the other partner wants to stay where they are, it might be tempting to take a visit back to the home country with kid in tow, and just stay there, especially if the laws of the home country are conducive to that sort of behavior, as they apparently are in Brazil.

to go home and marry into a powerful family?? i dunno...whatever her real reasons, she took to the grave with her...either way, barring some damning evidence that dad was a pederast or something, this was a shitty move on her part...

fled the country with her son. There's no possible way that she could have been having an affair with the dude in Rio and finally decided it was time to leave the American hubby for a new one back home.

he has been raised by his stepfather and that is the father he knows.

It is sad that his mother did what she did, but the poor kid can't be held to blame for it or punished.

What I think would be reasonable would be to set up some sort of visitation for his bio father to get to know him. Perhaps eventually they could end up splitting custody of the child.

I agree with the judge that the boy shouldn't be jerked away from his stepfamily. The child's emotional well-being must take priority, regardless of the fact that the father was wronged. But the father must have the opportunity to visit with and get to know his son again; and the stepfamily should do everything possible to encourage a healthy relationship between the boy and his father.

I don't think it's fair to deny the father the chance to re-introduce himself to his own son because of that. This never, ever should have been allowed to happen at all.

Century?

this is simple law. The biological parent gets the child. Else Brazil is in breach of international law and subject to sanction.

You're only 8, 9, whatever, years old.
Fight is the optimal word and you'd think a kid would be flattered that he/she was so wanted..
No. Most always there is a catch to these things...

And 18 can't come soon enough and when you're finally there...you mostly likely move on through like a "cool breeze."

Tikki