Brazil Court Halts Boy’s US Homecoming: Goldman Heartbroken, AGAIN

December 18, 2009

(ChattahBox)—After five-long years of international court battles fighting for his son’s return from Brazil, New Jersey resident David Goldman finally received some good news on Wednesday. A Brazilian federal court ruled that his 9-year-old son Sean should be handed over to the US consulate in Rio de Janeiro within 48 hours. The jubilant Goldman jumped on a plane to Brazil on Thursday to take his son home, but his hopes were soon dashed when a Brazilian Supreme Court judge granted a habeas corpus request, blocking the lower court’s decision. Goldman will now return home without his son, again.

The Brazilian high court ruled that Sean Goldman can’t be returned to his father, until he expresses his wishes to the court. Supreme Court judge Marco Aurelio, said “At stake is a life in formation. At stake is the right to come and go, the right to an opinion and expression as well as human dignity.”

Goldman has been fighting for custody of his son, since his wife Bruna Bianchi Carneiro Ribeiro took Sean on a vacation to her homeland of Brazil in 2004 and never returned. She filed for divorce in Brazil and eventually married, João Paulo Lins e Silva, a prominent attorney in Brazil. But she died last year during childbirth. And Ribeiro’s family and her second husband have been fighting to keep Goldman from taking his son home. Goldman refers to the family, as Sean’s kidnappers.

Brazil and the US are both signatories to the Hague treaty, which mandates the return of abducted children. But the Brazilian courts have refused to grant Goldman legal custody of his son. In the latest ruling, the Supreme Court Judge asserted that the Hague Abduction Convention could be circumvented if it went against “fundamental human rights and liberties.”

The next court date is scheduled for February, when presumably, Sean Goldman will have the opportunity to express his wishes to the court. But Goldman is pessimistic about the outcome. He claims that his former wife’s family have subjected Sean to emotional abuse, pressuring him to reject his father.

In a written appeal for help, sent to US officials last year, Goldman spoke of the hurdles he faces:

“I am engaged in a battle to regain custody of my son, who needs me more now than ever. Unfortunately, I am fighting against people with substantial influence at high levels in the Brazilian judiciary system, government and media. […]

“I have never lost hope the day would come for us to be together again. I will never give up, but I need help.”

Source


Comments

10 Responses to “Brazil Court Halts Boy’s US Homecoming: Goldman Heartbroken, AGAIN”

  1. Kim on December 18th, 2009 10:20 am

    This is awful and this is nothing but legalized child abduction. This child was kidnapped from his father at 4 years old, conditioned to believe his father doesn’t want him or that he is some kind of deviant, and now the courts are going to ask him what he wants. He hasn’t even been permitted to speak to his father since June of ’09. How is is supposed to know his father?

    If it were me, I would hire someone to kidnap him back. Screw the Brazilian “justice” system. Legalized kidnapping is not justice. Apparently the Brazilian government feels it is above world law. I can’t tell you how furious it makes me that this is even possible. And, would everyone stop saying that it was tragic that the mother died. That’s not tragic, that’s kharma. She got just what she deserved. Like they say, “what comes around, goes around.” She took the opportunity away from the father to be with his son, and God took the opportunity of the mother to do the same. Sweet justice! How the step-father can keep winning is beyond me. It makes NO SENSE AT ALL!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  2. Mykolas on December 18th, 2009 11:45 am

    To learn how you can help Sean Goldman finally return home, visit http://www.bringseanhome.org/help.html and contact Brazilian and US representatives today to ask for their urgent assistance. Please help!!!!

  3. littlestar on December 18th, 2009 6:31 pm

    This man is a BUM. Leave the kid in Brazil, he´s just fine there.

  4. Mark DuPriest on December 18th, 2009 7:21 pm

    It is very simple Brazil, abide by the International Treaty you signed and agreed to obey.
    If you did not have such a disgraceful judicial system this case would have been finished over 4 years ago!
    Has anyone read Kafka there?
    It is the height of absurdity to argue that due to the disgraceful failure of the Brazilian Judicial system to return Sean to his father that now that becomes the basis not to return him. Bizarre.
    Read Kafka, get some perspective in life.
    I know it is common to use the word logic in Brazil by people that have never studied logic nor could they offer up one principal of logic but just to humor us….try using logic Brazilian Supreme Court.
    Furthermore, choosing not to abide by the terms of the Treaty and the last Court ruling in order to listen to the brainwashing & lies Sean has been taught during the last 5 years when he was kept from his father is again a disgrace.

    I have lived in Brazil since 92. I am writing from Brazil, I must still live here. I have custody of my bio son but it cost me my life savings (US$750k), I fought for 10 yr’s, I could not work between 98-01. I finally won. He lives with me, middle class life, private school, happy, well-adjusted. Never been outside Brazil (Brazil willnot issue a Passport, the US will not issue a passport until the Brazilians do.

    I have been intimately involved with the Rio de Janeiro State Criminal, Civil & Family courts. The level of corruption, decisions based on a lack of logic, outdated thinking, inefficiency is shocking.

    In closing I do not recommend anyone visit or live here if you are from the 1st world. Justice is very illusive and only obtainable with large amounts of money and a hell of a lot of luck.

    This country is 30 years behind the USA in their thinking.

  5. Mark DuPriest on December 18th, 2009 7:28 pm

    In April, 1998, my Brazilian ex-wife was accused of injecting her new-born son (Nov 18, 96) in the head with Citotec in order to kill him. She was accused by two men present at the scene of the crime with intimate knowledge of the details. These two men testified in depositions to the Cabo Frio, RJ Police. Since then nothing virtuallly has happened. I made my semi-annual visit to ask the Cabo Frio Prosecutor what their lateste excuse was and received “11 years is not a long time for this in Brazil”. When I contact the local media they report “only 1 body/ killing?” not enough to get interest here.
    I have yet to meet a Brazilian that expresses anything but contempt for the Police and Court system in this country.
    I have and continue to live here since 92.
    I do not recommend it.

  6. Jeanne M Hannah on December 18th, 2009 11:50 pm

    Today someone posted a comment on my Blog Updates in Michigan Family Law as "Thinklogically": He/she (A/K/A "Anonymous") said that Sean's kidnapping was not an "abduction". "Thinklogically" stated the facts incorrectly. "Thinklogically" slanted the "factoids" to the point of view of the current kidnapper, Lins e Silva, Sean's Brazilian stepfather. Next, "Thinklogically" opined that it could not possibly be in a child's best interest to go live in a country he doesn't remember, with a father he's seen twice, (oh, forget those early years when he lived with his father and mother in New Jersey), and leave his home, his sister, and the only family he knows? "Thinklogically" said, "People so often forget the perspective of the child while fighting so hard to establish an adult person's "rights" to that child."Well, OK. Those who want a child . . . those unable to have a child . . . under the logic of "Thinklogically", can just go down to the local supermarket, pluck an infant out of a shopping cart, hide the infant for years and then . . . then when the biological parent shows up to recover the child, say: "Oh too bad, so sad, the child doesn't know you and has spent so many years in the care of us (the kidnappers)  . . . and we've been brainwashing the child to say he/she wants to stay here with us . . . and, well, the (young) child should be allowed to tell the court where he/she wants to stay." Or, "it would be too harmful for this child to be returned because we're (I'm) the only parent he knows."Of course, Thinklogically" makes no mention of the fact that David Goldman has been seeking the child since the kidnapping, has taken all of the proper legal steps, has been forced to spend more money than most people could possibly commit . . . simply to recover that child who has so wrongfully been removed from him.

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