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Brazilian Supreme Court rules in favor of David Goldman


AP Photo - David Goldman has been fighting for custody of his
son Sean for five years. Sean was kidnapped by his mother and
taken to Brazil.

In a unanimous ruling today, the Brazilian Supreme Court refused to consider a request from the country's Progressive Party that argued it would be wrong to remove Sean Goldman from his Brazilian stepfamily and return him to his American father.

This was a bittersweet victory for David Goldman whose wife kidnapped their son five years ago. Since a Brazilian federal court of appeals has decided that Sean should stay in his stepfather's custody until the court hears another appeal from the Brazilian family, David Goldman still has no idea when he might be able to bring his son home.

Goldman did express pleasure that today's Supreme Court hearing brought into the open the psychological damage he says his son has suffered over the past five years. While the boy's mother and stepfather were preventing Goldman from contacting his son, they were telling the boy that his father had abandoned him.

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."

President Barack Obama has discussed the custody case with Brazilian President Luiz Inacio Lula da Silva in Washington, and U.S. Secretary of State Hillary Rodham Clinton has lobbied for the boy's return to his father's custody. Last week U.S. Congressman 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.

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, Single Parenting Examiner

Barbara Thompson is a single mom to two boys in preschool. She knows all too well about the struggles of balancing work, parenting, and "me time". Email Barbara with your questions or suggestions.

Comments

  • K Nelson -Chicago Special Education Examiner 2 years ago

    Wonderful! Isn't it funny how they said "No, no, no." until they heard "This might cost your country some money." I really hope it all works out and the little boy gets to come home. Poor kid, it will be hard, but this is where he belongs!

  • teri stoddard 2 years ago

    Excellent news! Thanks Barbara.
    teri
    examiner.com/x-6741-SF-Family-Examiner

  • Heidi 2 years ago

    What I want to know is why it took so long to figure out that the threat of economic sanctions would be the quickest motivator for the Brazilian government to get their heads out of their proverbial A--(es). Let's see what happens now.

  • teri stoddard 2 years ago

    I'd like to know when Hillary will stand up for kids abducted by parents TO America. Emily Hindle deserves to be protected. Karl Hindle has parental rights too. emilyrosehindle.blogspot.com/

    teri
    examiner.com/x-6741-SF-Family-Examiner

  • Cirillo 2 years ago

    Its unfortunate that, in the end, everything is about money. Why oh why is it so necessary for so many people to inflict upon others, for the sake of drama, so much heartache and gut - wrenching emotion. Let all right thinking people continue to believe that, in the final analysis, good will always triumph over evil and right will always triumph over wrong. Continue to apply pressure Chris Smith. Sean is not where he belongs yet. But in the end I believe he will and others will be. BringSeanHome

  • erin williams 2 years ago

    This case brings up issues in our own country related to parents and families who abandon their children. Say no to turning your back on children. Anyone who does not take care of their own children should be ousted from the entire family. We need more parents like Mr. Goldman who will go to any measure to be a parent. Just say no to child neglect. Stop inviting people who abandon their children to sit at your dinner table. Shun them, and the problem of single parent welfare babies will at least be minimized. To all the men and women who allow excuses for abandoning children, there are no excuses. David Goldman has shown just how a real parent allows no excuses to stand between him and his son. Noone can keep you from your children, if you genuinely want to see them, go get some help. Prove it and stop whining about being a parent. Children are a joy, not a family problem. Then only problem is crappy, lazy parents who make excuses. To the good and loving moms and dads, thank you!

  • Aria Alexander 2 years ago

    I agree, people who want to know their children will never stop trying. I also agree that adults need to stop being the girlfriends and boyfriends of people who walk away from their children. As families, it is our job to teach our own children that it is wrong to abandon their children when they grow up. I told my kids when they grow up if they have children and do not take care of them, don't come home to my Christmas table without those kids. Keep fighting David Goldman, you are a model for every parent who needs to stand up and love their children no matter how hard it is, or how far they may have to travel to see them. I agree just say no to child neglect and abandonment. There are no excuses. The excuses start with the whole family. If anyone reads this and has children in their family who are not being loved by their parents, be their family anyway, they need you.

  • Gina M. 2 years ago

    Congressman Smith, lets get going here. Get this Bill passed. Meet with Hilary, Meet with Obama and put the heat on the Brazilian Government. I hear more about Obama's dog and swing set then I do about a real issue like this. Enough! Our Politicians have to time tell jokes on Conan, Letterman and Colbert Report, than pick up the phone and tell Brazil we are putting the sanctions on their country and getting the United Nations involved now!

    Our government should go to the United Nations and present this evidence that Brazil refuses to honor the Hague Convention and Brazil should be removed from the list of Countries that are part of the Hague. Brazil will no longer get reciprocity from other Countries who took their children

  • teri stoddard 2 years ago

    linked to you: tinyurl.com/naftx5

  • Alexander Ballard 2 years ago

    My son was kidnapped and taken to Brazil by his mother. She knew all about the Goldman case and was inspired by it. Not enforcing the law is to encourage it to be broken. Please lets keep the heat on Brazil until they return all the Children.
    Bring Max Ballard Home!

  • Gary / A FATHER.IN NY 2 years ago

    BRING THE F...ING KID BACK HERE . HE IS AN AMERICAN AND HE HAS A FATHER . NOT THIS SCUMBAG THAT HAS MONEY AND KEEPS KIDS FROM THIER BIOLOGICAL PARENTS FOR FUN .I GIVE DAVID GOLDMAN CREDIT ,BECAUSE IF IT WERE ME, I WOULD PROBABLY SHOOT THE MF !!!!!!!!! I BLAME THIS ON THIS F..ED UP U.S. FOR NOT TAKING FULL CHARGE OF THIS SITUATION A LONG TIME AGO !5 YEARS ? FREEDOM YOUR ASS !! WHERE IS THE FREEDOM FOR THIS CHILD AND HIS FATHER ? THIS MANS LIFE IS CONSUMED BY BULLSHIT ! IT'S HIS (DAVID'S) SON , BOTTOM LINE !BO? F... BO AND OBOMHA ! THIS IS A CHILD THAT HAS BEEN GONE 4 YRS. AND 11 MOS. TOO LONG !LET'S SEE IF WE STILL HAVE FREEDOM OF SPEECH!
    A FATHER AND DOG OWNER THAT WOULD KILL FOR HIS KID !

  • haha 2 years ago

    rio to new jersey. sure the kid will feel at home. has anyone asked the boy for his opinion? what does sean have to say?

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