US dad hopeful of obtaining son in Brazil

[Jasman0717 9]

RIO DE JANEIRO (AP) - An American father is cautiously hopeful that he will be reunited with his son in Brazil on Wednesday after a five-year custody battle that went to the highest levels of both governments.

David Goldman won a big legal victory late Tuesday when Brazil's chief justice upheld a lower court's ruling that ordered his son, Sean, returned to him. The 9-year-old boy has lived in Brazil since Goldman's ex-wife took him to her native country in 2004. Last year she died in childbirth.

Goldman was happy, but wary about the decision.

"When? When? When will Sean and I be able to go home, father and son?" he asked in an interview aired Wednesday morning on the U.S. television network NBC.

Since he arrived in Rio a week ago - the latest of more than 10 trips in recent years during his legal fight - Goldman has said that until he is on a plane with his son heading to the U.S., he will not be convinced his battle is over.

"We're hopeful that David and Sean will be reunited today," said U.S. Embassy spokeswoman Orna Blum, who is accompanying Goldman in Rio.

Goldman's lawyers were finalizing legal documents Wednesday morning and were fully expecting that the Brazilian family would turn over Sean as ordered, Blum said.

There has been no word from the Brazilian family or its lawyer, however, and it is not clear if the boy is even in Rio de Janeiro.

Goldman, of Tinton Falls, New Jersey, has been fighting to get Sean back from the boy's stepfather.

Both the U.S. and Brazilian governments have said the matter clearly fell under the Hague Convention, which seeks to ensure that custody decisions are made by the courts in the country where a child originally lived - in this case, the United States.

Goldman's New Jersey-based lawyer, Patricia Apy, said she believed the order by Supreme Court Chief Justice Gilmar Mendes required Sean to be handed over immediately.

Lawyers on both sides have said there was still a chance for the Brazilian family to appeal to Brazil's highest appeals court, though the chances of success seemed slight.

U.S. Rep. Chris Smith, a Republican New Jersey congressman who traveled to Brazil to offer his support, said Goldman was pleased with the Supreme Court justice's decision.

"He was elated, a big smile came to his face, but he said 'I'm not going to let my guard down until it's wheels up,'" Smith said.

A lawyer specializing in the Hague Convention said Tuesday's decision by Mendes was the only right one to make.

"It would be virtually impossible to reconcile international law with a ruling in favor of the Brazilian family," said Greg Lewen of the Miami-based law firm Fowler White Burnett.

He said that if the Hague Convention were not followed by the chief justice, "the State Department should immediately issue a travel advisory warning parents not to go to Brazil with their children."

Smith, the congressman, said the fact that the Brazilian chief justice ruled Sean should be with his father would take the steam out of any appeal from the stepfather, himself a lawyer from a prominent family of Rio de Janeiro attorneys.

During a teleconference with U.S. journalists late Tuesday, Smith said law enforcement was on guard in case the Brazilian family did not transfer Sean. He said the international police agency Interpol had been notified to make sure Sean was not flown out of Brazil.

"Our hope is, given the prominence of this family in legal circles, that's less likely to happen," Smith said.

Silvana Bianchi, Sean's maternal grandmother, wrote an open letter to Brazilian President Luiz Inacio Lula da Silva just hours before the Tuesday ruling, in which she said cultural differences and international pressure were driving the case.

"Our moral foundation values the mother's role. In the absence of the mother, the raising should be done by the grandmother," she wrote. "That's how it's done in Brazil, from north to south, regardless of race, religion or social class. It's natural that foreigners, with a different foundation, would not understand these authentically Brazilian feelings."

Meanwhile, Goldman has said his parents and other relatives have been waiting for years to be reunited with Sean.

Silva has said he would not intervene in the case, that it was purely a matter for Brazil's legal system.

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Associated Press Writers Geoff Mulvihill in Mount Laurel, New Jersey; Tales Azzoni in Sao Paulo; and AP Television News producer Flora Charner contributed to this report.

[NickD 203]

Yeah, I read that yesterday and was shocked that a step dad could claim a kid, particularly in South American countries, maybe Brazil is different.

Even though my wife's ex abandoned his daughter for seven long years with no contact, we had to seek him out and get his permission for her to come here, and he was living in a different country? It was his choice to either pay seven years of back child support money or to give his permission, he preferred the latter. Just saying the power these countries give to the biological father.

But in this case can see a prejudice as apparently the step dad is a Brazilian citizen the the real dad, a US citizen. If the real dad was a Brazilian citizen, would have gotten his son back the instant his ex wife had died.

[Amby 490]

I've been following this story since I saw something on Dateline or 20/20 about this guy last year. I hope he's able to bring his kid home soon.

[Ladylethal 12]

It's just a big mess for me, justice in Brasil is slow, as a law graduate I know that too well, and that definitely was an issue in this case, but I haven't once found a person to point the finger at and say what is right and wrong, as I don't know the particulars of the case or how the kid is treated by his grandparents or who his biological father is. So I just keep hoping that whatever decision is made it'll be the best for the boy.

[NickD 203]

I've been following this story since I saw something on Dateline or 20/20 about this guy last year. I hope he's able to bring his kid home soon.

Five years is a long long time, wonder what is legal expenses were, ours were quite steep just to get permission as we had to hire attorneys from two different countries. But hey, you can't put a price on the life of a child. He also had the option to obtain full custody that he also turned down.

With the role of a step dad, a new experience, really not much say, if she got into legal trouble would go after my wife, but as my wife, would be equally liable with the marriage laws in our state. Ha, had to make sure that didn't happen. I did sign for her drivers' license, but was told any adult could accept that liability, made darn sure she had plenty of insurance. If my wife did divorce me for some reason, I would have no obligation for child support payments, if anything happened to me, step daughter would not receive any SS payments. So kind of in an awkward state, preferred not to think about it. Any kid from a broken home has problems, those had to be dealt with in a very tactful manner. But our relationship changed after she turned 18 and really begin to appreciate what a good dad I have been to her. She is free to go, but still prefers to live at home. She did leave for a couple of months, but much more fun with a mom and a dad to watch over her. Plus I am always good for a couple of bucks is she needs it.

[Jasman0717 9]

Where did this step son thing come from? According to all I have read the child is the biological child of David Goldman. The mother took the child back to Brazil on holiday and once she arrived she informed the father that their marriage was over and she and the child would not be returning to the US.

I am very happy for Mr. Goldman. It is like having your child kidnapped. I am thankful this ordeal is finally coming to an end.

http://bringseanhome.org/letter.html

[NickD 203]

Where did this step son thing come from? According to all I have read the child is the biological child of David Goldman. The mother took the child back to Brazil on holiday and once she arrived she informed the father that their marriage was over and she and the child would not be returning to the US.

I am very happy for Mr. Goldman. It is like having your child kidnapped. I am thankful this ordeal is finally coming to an end.

http://bringseanhome.org/letter.html

I read that in another article, can't post it, his wife came here, they got a kid, but she took the kid back to Brazil after a divorce, she remarried, then died. The Biological father is fighting the step father for custody.

What occurred to me after reading that article, isn't this kid a USC, and what business does the Brazilian courts have to do with this? But from reading articles, even about me, those article writers can sure screw up stuff. I would look at this case that the step father is kidnapping his kid. Can also say, I ran across my share of idiotic attorneys. Could be the father of this kid has those to stretch this out this long. This and many of those Latin American courts are corrupt.

[Jasman0717 9]

I read that in another article, can't post it, his wife came here, they got a kid, but she took the kid back to Brazil after a divorce, she remarried, then died. The Biological father is fighting the step father for custody.

What occurred to me after reading that article, isn't this kid a USC, and what business does the Brazilian courts have to do with this? But from reading articles, even about me, those article writers can sure screw up stuff. I would look at this case that the step father is kidnapping his kid. Can also say, I ran across my share of idiotic attorneys. Could be the father of this kid has those to stretch this out this long. This and many of those Latin American courts are corrupt.

Yea, the child was born in New Jersey. The Mother went back to Brazil under the pretense of going on holiday and then told the Dad she wasn't coming back to the US. He has been fighting for his son ever since. I think the Brazilian grandparents were also involved in keeping the child in Brazil. Gosh, why do people do this kind of ####### to one another and especially to children

Edited December 23, 2009 by Jasman0717