As the tireless battle for David Goldman continues in bringing his son back to the United States, a recent ruling by a Brazilian judge has opened the door for the reuniting of the pair. Unfortunately, the Brazilian government has put up another roadblock.
For David Goldman, it has been five years since his then, 4-year-old son, Sean Goldman, was taken from his New Jersey home by his mother, Bruna Bianci in a horrifically deceitful manner. Following her return to Brazil, Bruna was awarded an ex-parte divorce from David that was not legally recognized in the United States and she remarried a Brazilian attorney who specialized in, ironically enough, family law. The couple even went as far as having David removed from Sean's birth certificate.
There was no reported history of family violence, drug or alcohol addiction or any other problems that could, even by United States law, substantiate the removal of a child from even seeing a custodial parent. Bruna was said to be simply tired of the United States and tired of David. Goldman was left in a state of agonizing horror.
While giving birth to her second child, Bruna suddenly died at the age of 34. Her attorney husband attempted to use the Brazilian kidnapping law called "socio-affective paternity", which essentially states that a child who has been taken, even without consent, becomes the property of the alleged kidnapper based upon the time that the child is away from his or her parents, as his argument for not returning Sean to his father.
Since the story was told back in February of this year (you can read the
original report here detailing the case), a story that elicited extreme ire from some Brazilian citizens, new developments have come forth in the case.
Federal Judge
RAFAEL DE SOUZA PEREIRA PINTO ruled on June 1, 2009 in favour of returning Sean Goldman to the United States following a period of transition through explicit actions. Although the translation of the document was provided through volunteers versus the exorbitant fees, approximately $6,000 US, that Brazilian translators were asking of Goldman, the message remains clear that David Goldman is the deserving custodial biological father of Sean Goldman.
The summary of the conditions of return are as follows:
Sean was to be voluntarily handed over by Lins e Silva, the defendant and husband of the deceased biological mother, or be subjected to search and seizure, including the use of force to take back the boy and taken to Rio de Janeiro, where he was to safeguarded and not allowed to leave the specified municipality.
For 15 days, Sean would proceed through a transitional period of acclimation with David Goldman without restrictions or supervision. He would then be transported back to the United States of America, specifically, New Jersey where he would reside overnight with his father and from day 16 forward, the defendant and maternal family would have visitation of Sean for specified hours every day. The defendant must also relinquish Sean's passport to the United States Central Authority and eventually, to David Goldman.
Travel costs of the defendant and maternal family are at their own expense as well as it being explicitly ordered that the defendant pay the costs for Sean's travel, as he had prevented the rights of David's access to his son. The ruling also ordered the defendant to pay for "
necessary expenses incurred by or on behalf of the applicant (David Goldman)...any costs incurred or payments made for locating the child, the costs of legal representation of the applicant, and those of returning the child."
On Wednesday, June 3, 2009, a
battle of constitutionality has arisen and the return has again been placed on indefinite "hold":
"...Marco Aurelio Mello, one of 11 (Brazilian) Supreme Court justices, suspended the sentence after receiving a request from Brazil’s Progressive Party, which argued that ordering the child to be sent to the United States was unconstitutional. The Supreme Court must now take up the case, but it was unclear when that would happen."
On that very same day, New Jersey Congressman, Chris Smith, made a speech in front of the US House of Representatives, isolating the Brazilian government and President Lula as violators of international law, asking why they "comprehensively failed to honor and respect international law namely the Hague Convention." He continued to outwardly bash Brazil's disgraceful ignorance (
see here for full speech in pdf).
As we continue to hope and pray that this young child is rightfully and legally returned to his father, the reality is that the Brazilian system will continue the support of brainwash and psychologically torture of the young boy. The United States Government, including President Obama, continues to lobby on behalf of David Goldman.
It is a heart wrenching saga that continues to pit country against country. One that every loving parent can feel in the depths of their heart and soul.
For a more recent video on the situation,
click here to see an interview with the Today Show.