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Brazilian judge suspends lower court ruling to return son to David Goldman


David and Sean Goldman, photo from CNN

David Goldman arrived in Brazil Tuesday for a much anticipated reunion with his son, Sean. Goldman received word on Monday that a Brazilian superior court justice ordered that Sean be returned to his father's custody after a long custody battle. Sadly, a Brazilian supreme court judge suspended that order. Now Goldman is once again waiting to hear what the fate of his son will be.

It began in June 2004, when Goldman's wife, Bruna Bianchi Carneiro Ribeiro, took their son to Brazil for what she said would be a two-week vacation. They never returned, and she divorced Goldman and remarried a Brazilian lawyer. Last September, Ribiero died in childbirth and Goldman once again fought for custody of his son. So far, Sean's stepfather has retained custody of the boy.

A superior court justice ruled that Sean would be turned over to the US Consulate in Rio de Janiero and returned to his father's custody on Wednesday. After a 30-day adaptation period in the US, Goldman would then receive full custody.

The ruling outraged supreme court judge Marco Aurelio. He felt that taking Sean out of Brazil so abruptly, as it has been the boy's home for five years, "could subject the boy to psychological harm." Sean's Brazilian relatives have said, "The child said many times that he wanted to stay in Brazil. This is not human, and it is a cruelty."

The case will now be sent to the entire Brazilian supreme court.

I can't imagine how Goldman feels now, after thinking he would finally have custody of his son after fighting for him for five years. I understand Judge Aurelio's statement about Sean having psychological harm, but given that he has been at the center of such a high-profile case for several months now, isn't that just as damaging? It's time to send Sean home, to his biological father.

What are your thoughts?

Source: CNN

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Comments

  • Kimberly 2 years ago

    This man in Brazil has not rights to Sean. He is an American and when his mother died, who should not have kidnapped him to begin with, the ONLY thing to do is return him to his FATHER David. What would this world be like if men who have no ties to children just declared they were theirs? Brazil needs to step up and get out of the way. Just he way Elian Gonzalez did nto belong in America this boy does not belong in Brazil. He may be scared because he does not know his father anymore but that is their fault not his fathers. Brazilians would be outraged if this story was reversed!

  • D Fry 2 years ago

    It is outrageous that the supreme court justice in Brazil should be outraged that the boy's father wants to take him home, especially after the boy's mother and new husband kept him illegally in Brazil for 5 years, defying the law, and playing hide and seek games with the child and his father. "subject him to psychological harm"??!! the games his guardians in Brazil have played using the boy haven't subjected him to psychological harm?! It is more than a farce to play keep-away for so many years, defying national and international law, and then claim that is not right to take him home after so many years in Brazil. He should be turned over to his only parent - his FATHER - immediately.

  • wjd 2 years ago

    OUTRAGE!!!! This is unbelieveable!!! How much more can this father take. The people holding this boy are monsters of the highest degree. Thank God there is a God and these people will have to answer for their SINS!

  • J.D. 2 years ago

    Boycott Brazil! There is a petition on the Care2 website, which you can find by googling
    Boycott Brazil. This is a nightmare.

  • Mel 2 years ago

    David should just go to Brazil and TAKE his son! Brazil has no right. They talk about the psychological effects it will have on Sean to send him to the US after living in Brazil for years. How about the psychological effect its had on him to be TAKEN from his REAL father and kept from him for so long. How about the lies his stepfather is putting into his head. This is ridiculous and someone should just end this and go over to Brazil and take him. Brazil is doing the damage to this boy who was NEVER given a chance to know who his father is. He needs to know the truth that his MOTHER KIDNAPPED HIM! i bet no one there has told him that!!! His mom is dead now to never get to know her own daughter. What goes around, comes around b/c she played god and never gave her son a chance to know his father.

  • Naynay 2 years ago

    It is indeed a disgrace all the 3 Legislatives in Brazil.As a Brazilian I am used to the embarrassment my country is but this ruling is outrageous and dishonest,proving once again that Brazil is NOT worthy respect from any country that honors justice and freedom,is not worthy any good media because of the rotten eggs ruling the country.
    Please, let the world know about this unfair ruling and about the other parents who have kids held in Brazil victims of Parental Alienation.
    Lets make a lot of noise in the US,so that Brazil gets even more in the guts with its reputation.
    Poor David, this is heartbreaking not only to David but to every other parent who has kids held in Brazil against the law.Brazil is a signatory of Hague Convention and it has never honored its signature.Shame on you, Brazil.Shame on YOU!

  • Dalila 2 years ago

    I am just SICK about this!!!! The Supreme Court to have the audacity to be outraged because a father wants to finally take his son home, where he belongs yet they are not outraged that Sean's mother kidnapped him and kepthim from his REAL father. The psychological damage was done when he was taken away from David! I've been following this story for almost two years now and I just want to puke that, once again, David is being kicked while he's already down. Just when he gets some good news and is so close to getting his son back, they pull another stunt! Sean's stepfather and father have a MEAN bag of tricks they constantly use to get their way and they are a disgrace and should be disbarred for breaking so many rules!!!!!!!!! They are PURE EVIL! David you are a wonderful father and you will get your son back because you will never give up nor will your supporters. Sean will come home!!!!!!!!!!!!!!!

  • Hanna 2 years ago

    The Hague convention is a JOKE, truly. The U.S. is as impotent as the Hague convention agreements. The U.S. pays much lip service but YEARS have gone by with court orders being ignored and a father without his child. Sean doesn't realize he's already lost - every single day they've managed to keep his son in Brazil means Sean has already lost. What's the point to bring his son back at 16? The kid won't want to be here - his entire life and friends and family he knows and loves will be in Brazil. He'll stay until he's 18 and bolt back to them and resent his father Sean. That's why I think Sean should have spent his money on a commando mission to bring his son back YEARS ago (when he had court papers documenting HE was the rightful parent). Now it's really become a joke. I'm sorry Sean's been so foolish to trust governments that A) don't care, B) feign concern, C) promise action and D) never ACTUALLY DELIVER.

  • jude 2 years ago

    This is an absolute obscenity, an outrage, an injustice...forget God and sins and the like...David Goldman is the boy's father. Period! There are also many other similar cases in the world. Where is the "justice?" Clearly, in Brazil it's for sale, it's political, it's immoral.

  • Duffchick 2 years ago

    This is an outrage. David has been fighting for his son for over 5 years!!!! 5 YEARS!!!! What is wrong with the Brazilian justice system! Sean's stepfather and Bruna's family kidnapped Sean and should have NO SAY IN THIS!!! Return Sean IMMEDIATELY!!!!!

  • Robin Knight 2 years ago

    What an outrage..David travels all the way to Brazil in hopes of ending a five year battle that has devastated his life and another disappointment..How much can one man take??I hope everyone who reads or hears his story prays for David and for Sean to reunite and then a prayer to help them heal from the numerous tragedies they have endured..

  • Richard 2 years ago

    I think the only thing that will work is that we boycott traveling and products from Brazil including their aircraft industry.

  • Kevin 2 years ago

    The judge says that 5 years is long enough for the boy to grow roots in Brazil, so he shouldn't go back to his father! Well, Mr. Judgie, if he wasn't abducted from his FATHER 5 friggin years ago he would have never had the chance to grow these roots! This angers and saddens me. Of course the child may want to stay, he's a child and he has developed roots. However, once he goes home with his FATHER he would not want to go back to Brazil. This is outrageous, sickening and just wrong. I wonder what this genius judge would think if his son was taken by his wife to America 5 years ago?

  • Ancord 2 years ago

    Dear Brazillians and Fathers of the World,
    What would you do if your beloved wife putting you through a same heart breaking situation?
    Please let the children re-unite with their fathers.
    There are many things you can learn from America, but this is NOT one of them.

  • Vickie 2 years ago

    It makes me sick that Brazil has allowed this to go on as long as it has. The boy is a U.S. citizen and his father should not have to go through any court system to bring him back. David has suffered too long trying to get his son back through the legal system and while doing so has missed out on too many years raising his own son. Brazil has no intention of returning Sean to his father or they would have already done so. The only way this will be resolved is if the United States government stays involved and demands that Brazil return this boy.

  • Sandi 2 years ago

    Wow..Kevin and Dalila said it well!! This stepfather is paying people off....or Brazil is looking for some publicity. Surely something should have been done when she took him there and never came back!!! How does this happen to the biological father, the stepfather has no say here at all!!! He is a bad person and if Sean stays with him he will learn how to be manipulative and rotten! Save Sean from this...America needs to step in and show Brazil who we ARE!!!!

  • skd 2 years ago

    This is a travesty of justice. The boy needs to be with his natural father, who never gave him up. Why can't our government do more to help? I say we boycott everything to do with Brazil and do not allow Brazilians in our country until the boy is returned to his father.

  • maria 2 years ago

    I am Cuban and when Elian Gonzalez was taken by machine gunpoint I was horrified and even more horrified that Fidel Castro was up to his cowardly demise as usual. It was all political. As in this case now. Let the boy go back to his father as Elian went back to his

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