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Brazil custody dad ‘discouraged but determined’

Fri Dec 18, 2009 9:04 AM EST
today-people, obama, united-states, only-on-msnbc-com, brazil, new-jersey, battle, custody, brazilian, goldman, sean
msnbc.com News — Mike Celizic, msnbc.com - Only on msnbc.com
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— It was supposed to be the end of a five-year saga — the day a New Jersey father was finally allowed to take his 9-year-old son back home. Instead, it became another wrenching setback in an international custody battle that has engaged even the presidents of both the United States and Brazil.

“I’ve been down this road before,” a drawn and haggard David Goldman told TODAY’s Meredith Vieira Friday from Rio de Janeiro. “I’ve been right here in front of this camera with the same view behind me, discouraged, disappointed, but no less determined to save my son.”

‘Expect the unexpected’
Goldman had flown to Rio Thursday to finally bring his son home in accordance with a ruling by a three-judge appeals court in Brazil. But before he could even see Sean, one member of the Brazilian Supreme Court issued an injunction against the transfer, saying that Sean deserved to express his wishes in court.

“It’s just something to expect the unexpected,” said Goldman. “Until I’m on a plane with Sean, it’s not over. Until we’re back home in America with me and his family, it’s not over. Hopefully, we’re getting closer.”

On Friday, Goldman asked Brazil's attorney general to join his battle before the nation's Supreme Court, and a spokesman for the attorney general's office said the agency was looking into the request.

"We're evaluating how to proceed in this matter. A decision could be made today, or it could take more time than that," the spokesman told the Associated Press on condition of anonymity, as he was not authorized to discuss the case.

Goldman doesn't have a lot of time.

The Supreme Court adjourns for a two-month holiday break this weekend. If the entire court does not act to dismiss the injunction, court sources say, Goldman will have to wait until February to resume his battle.

But Goldman held out hope that the court might yet take action before it adjourns. “Fortunately this stay has nothing to do with the return order of my son. He is still ordered to return by a three-judge panel. This is just another stall tactic that just has to stop,” Goldman said.

If he cannot take Sean home, Goldman hopes he can at least see him for the first time since June.

“I have a whole bag full of presents that I brought for him, even if it’s only for five minutes to wish him a happy holidays, to tell him I love him,” Goldman said.

Long battle
Traveling to Brazil with Goldman was U.S. Rep. Chris Smith, who has taken a personal interest in his constituent’s battle. Smith told Vieira that three court-appointed psychologists in Brazil have said that the efforts of Sean’s Brazilian family to turn him against his biological father are harming the boy.

“David’s legal team will file and will aggressively push that an egregious harm is in the process of being done,” Smith told Vieira. “Three psychologists have found that David’s son, Sean, is being hurt psychologically every day he is away from his real father.”

Sean is 9. Five years ago, when he was 4, his mother and Goldman’s wife, Bruna, took him to her native Brazil for a two-week vacation. She never returned. Instead, she divorced Goldman and married a Brazilian from a prominent and politically well-connected family.

Bruna and her new family ignored a New Jersey court ruling that ordered Sean returned to his father, and they fought Goldman’s legal efforts to regain custody. When Bruna died last year in childbirth, Sean’s Brazilian family moved to adopt him.

Both the United States and Brazil are signatories to the international Hague Treaty that demands that children like Sean be returned to their natural birth parents. But Sean’s Brazilian family has successfully fought off Goldman’s efforts to get Brazilian courts to comply with international law.

Last February, after Secretary of State Hillary Clinton got involved, the case was transferred from local Brazilian courts to the federal courts, and Goldman was finally granted permission to see Sean. President Barack Obama also brought Sean’s case up during a meeting with Brazilian President Lula da Silva.

‘Psychological torture’
Silvana Bianchi Ribeiro, Sean’s maternal grandmother, told the privately run Agencia Estado news service she was elated with the injunction keeping Sean in Brazil. According to her, Sean, who has dual citizenship, has said he wants to remain in Brazil.

“His testimony has never been heard,” she said. “As a Brazilian citizen, he deserves it. He is a child of nearly 10 and he knows quite well what he wants.”

To underscore that point, the lawyer for the Brazilian family showed reporters a card he said Sean drew. “I want to stay in Brazil forever,” it read in large, green lettering.

Goldman, however, said it was wrong to ask a child to testify. He suggested that the family is unduly pressuring the boy, trying to convince him that he wants to remain in Brazil. “Everyone knows the abuse that my son is being afflicted by,” he said.

Goldman said that the father of Sean’s Brazilian father gives lectures in that country advising others how to defy international law in similar custody battles. He accused the family of psychologically torturing Sean and convincing him he wants to remain in Brazil. “They brainwash him, they torture him,” he charged.

The case has drawn wide attention in Brazil as well as in the United States. Goldman said that many Brazilians have come to support his fight to regain custody of Sean.

“[They] keep coming up to me saying, ‘You have to get your son back. This is crazy, I’m so ashamed,’ ” Goldman told Vieira. “The people here don’t want this. Nobody wants this — just a few bad people and a few confused people.”

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NagurskiExpand Comment Comment collapsed by the community

Cut the kid in half. Everyone gets what they want except the kid. Nobody cares about what then kid wants. If I was the kid I would want to live a privileged lifestyle in Brazil rather than live middle class in America. It is a no brainer. The kid dosn't care for the father.

  • 1 vote
Reply#1 - Fri Dec 18, 2009 10:08 AM EST
Linda-342661

You idiot--that's just his stepfather in Brazil. What about the biological father's right to have his son?

  • 13 votes
#1.1 - Fri Dec 18, 2009 10:54 AM EST
EnronDeleted
Karen in Los Angeles

Nagurski - you are WRONG.

The BIOLOGICAL father should have custody - in fact - IT IS THE LAW.

Unfortunately, the STEPFATHER is a high-profile attorney in Brazil with significant ties to the Supreme Court.

Under INTERNATIONAL LAW, a treaty signed by Brazil in fact, the boy MUST BE RETURNED TO HIS NATURAL FATHER.

At this point, I am with Representative Chris Smith and say BOYCOTT BRAZIL. SEND NO MONEY TO BRAZIL. Let's employ a trade embargo.

I am writing to the Brazilian Supreme Court that if they believe a 9 year old should decide custody, then that same 9 year old should be the judge for the STEPFATHER'S next case.

  • 6 votes
#1.3 - Fri Dec 18, 2009 4:15 PM EST
SJW

hum .... i wonder what the brazilian govt would o if the child of one of their diplomats were to dissapear? or the child in a us college were to not make it home for christmas. hum.... maybe the govt of brazil were to play in a game with a quid pro quo faiplayforall

  • 2 votes
#1.4 - Fri Dec 18, 2009 4:30 PM EST
Karen in Los Angeles

Here is a better idea on another post.

Everyone who wants SEAN back in the US send a note to Representative Chris Smith of New Jersey saying that the U.S. should boycott the Olympics held in Brazil.

How could we go there when they are pulling this crap on us?

Unless you live in Smith's district, you can not send him an email, but you can get his mailing address (I suggest NJ because DC has a mail processing center that destroys some mail) at house.gov.

I am also writing to the Supreme Court in Brazil - AGAIN.

  • 3 votes
#1.5 - Fri Dec 18, 2009 4:45 PM EST
bsbfankaren

Why give this poster the attention he craves? Simply flag him, and move on.

    #1.6 - Fri Dec 18, 2009 5:33 PM EST
    pam-1138801

    What needs to be done here is for the united states military needs to go get that child ,he is a prisoner in that country they should have every right to go in there and take that child and bring him back to the states... The us is not doing enough for this dad and his son...

    • 1 vote
    #1.7 - Sat Dec 19, 2009 1:12 AM EST
    Rhonda-948757

    That was the stupidest thing I have ever heard someone say on this newsvine!!!! You are a piece of work! Real stupid!

    • 2 votes
    #1.8 - Sat Dec 19, 2009 3:40 AM EST
    Reply
    brenda-302070

    sean belongs with his father. at least goldman should be allowed to see him and speak to him. remember elian gonzalez, well president clinton did the right thing and sent him back to his father. brazil should do the right thing. send the boy back to his birth father.

    • 13 votes
    Reply#2 - Fri Dec 18, 2009 10:21 AM EST
    sandra-brooks

    Yes, Brazil should do the right thing and give the child to his rightful father! The more time he spends with his Step Father and his family, the worse it will be. Of course the child would want to live in Brazil. He knows nothing else. This poor father deserves his child back and Brazil is getting a bad name in my book for dragging their feet. He was illegally taken under the pretense of a vacation in Brazil may years ago!

    • 9 votes
    #2.1 - Fri Dec 18, 2009 12:27 PM EST
    Blue Star

    I know this sounds bad, but honestly, everytime I hear this story and I hear about that POS, so called wife of his, I cheer when I hear she died giving birth to another man's child. Frankly, it serves her right and good riddance! Figures she would eventually marry a fellow POS!!

    I understand the brazillian grandparents own a home somewhere in New Jersey. Someone needs to pay that home a visit if they have not already! This whole thing is heartbreaking. This BS about "let the child testify" is a F*%$ing joke! What child who goes on an all expense paid fantasy vacation (5 years of purposely being spoiled rotten by a rich family) would not want to keep things like they are?

    That family is a pit of snakes and scum of the earth period! Come on USA!! Step up for this guy!!

    • 6 votes
    #2.2 - Sat Dec 19, 2009 1:52 AM EST
    Barry-1106909

    Of course! The Brazilian stepfather is an attorney. Naturally, he would use all of the stall tactics in his arsenal. But, remember, this farce of a legal proceeding is playing out in Brazil. When is someone in their government going to put a stop to this? If Brazil wants to be a major player on the world stage (2016 Olympics), it should stop acting like some corrupt third-world county.

    • 2 votes
    #2.3 - Sat Dec 19, 2009 8:15 AM EST
    malocchio

    That child has been living with his family in Brazil. To tug at him from different directions is unfair. Let an unbiased person ask HIM where he wants to go, record the conversation of course, and that will be the determining factor. The father seems like his interests come first, not the boy's.

    • 1 vote
    #2.4 - Sat Dec 19, 2009 10:12 AM EST
    Chris-537131

    Perhaps what we need is a viral net campaign to stop reservations and participation (as much as a net campaign can) in the upcoming Rio Olympics. With some of the highest murder and robbery rates in the world as well as some of the worst police brutality, Brazil should not be that healthy a place to go to attend a sports function.

      #2.5 - Sat Dec 19, 2009 10:43 AM EST
      Chris-537131

      malacchio,

      You are correct in pointing out that the definition of "family" in Brazil differs greatly from that in the United States. In Brazil, so many prominent people have had children by prostitutes, mistresses, etc that the definitions are very blurry. Children are children sometimes and not others and families are families sometimes and not others.

      The child has been living with people who are no blood relation to him. The child's dead mother's inheritance is what is at stake for the kidnappers, not some relationship that developed naturally. According to all accounts the kidnappers have restricted all conversations with the father and have endlessly brainwashed the child, including speaking only Portuguese and not English (when the child came into their custody he did not speak any Portuguese, only English.)

      In the United States, the child is seen as a victim of kidnappers who have filled his head with their ideas. The father is seeking custody because he is a blood relative and that is his obligation.

      More than anything else, this is an example of what a completely corrupt country Brazil is. I would only place the Philippines as a more corrupt place that I have visited. And, as with the Philippines, I would never go back.

        #2.6 - Sat Dec 19, 2009 10:51 AM EST
        L0NG Beach

        Sh!thole third world uncivilized country...

        I WILL NEVER GO TO BRAZIL....

        They are insane and corrupt

        What is happening to the Goldmans, father and son defies imagination. My heart goes out to them.

        • 1 vote
        #2.7 - Sat Dec 19, 2009 11:26 AM EST
        Therese in NV

        I knew there had to be more to this story and at stake; than just a stepfather (who was only married to the biological mother, less than 2 years when she died) wanting to raise the boy as his own and defying custodial and international custody laws. THE DEAD MOTHER WAS AN HEIRESS TO HER FAMILY; NOW, HER INHERITANCE WILL NATURALLY TRANSFER TO THE SON; UPON THE DEATH OF HIS MATERNAL GRANDMOTHER. Well, considering the maternal grandmother owns homes in Brazil and New Jersey, USA; not to mention other holdings and bank accounts; this inheritance can be substantial.

        This is why the stepfather is fighting so hard for the boy. The Brazilian Stepfather wins two-fold-He legally retains custody of a child that by all civilized and International Law should be returned to his rightful biological father; and, he is able to financially control the child's potential inheritance! This is why the stepfather is legally denying the biological father even visitation with his own son. The Brazilian family don't want any real opportunity for the young boy to rebuild a bond and relationship with his real, biological father. This delay is foolish; what kind of honest opinion can a small child of nine years old give to a custodial court, when he had been repeatedly denied access to his own biological father and isn't even allowed to speak in his native English tongue?

        What justification can the courts give this American Dad for not even allowing regular visitation, even if court supervised; while this custody issue is being addressed? Brazilian Court Psychologists have stated the Brazilian family is creating emotional harm to the boy; by attempting to break his bond with his biological father. How could any Psychologist state anything less when the American Father when he hasn't been allowed regular access to his own child? This American Dad has been fighting to get his own child back since his wife abducted the child at the end of her two week visit to Brazil. This American father had and has a loving interest and relationship with his own child and just wants the opportunity to be a father to his own son again. Brazilian Courts should be ashamed of their actions; allowing this to continue.

        If Brazil considers itself a civilized country; it should remember the international treaty it signed regarding this same international custody issue. The Biological mother is dead and the Biological Father is being denied his legal rights to custody and visitation. Enough Said!

        If Brazil can't act in a responsible manner regarding this issue; perhaps, allowing Brazil to be the sponsoring country for the 2016 Olympics isn't such a good idea. They certainly aren't honoring International Law or setting a proper example for the honor of Olympic Sponsorship. Perhaps everyone needs to email or mail letters to the International Olympic Committee regarding this issue, or boycotting the Olympics on the principle of International Broken Treaties and Legal Rights! I think its time to rethink Brazil in 2016 under the circumstances!.....

        • 2 votes
        #2.8 - Sat Dec 19, 2009 11:40 AM EST
        eugene101Deleted
        kurt.1522040

        just did my poasting and brought up the same thing good going keep the pressure on

          #2.10 - Sat Dec 19, 2009 12:42 PM EST
          bopdaddytoo

          may I point out that the mans senator has put a hold on a bill that gives Brazil and good deal so now we will learn if our government can overcome a corrupt lawyers friendship's.

            #2.11 - Sat Dec 19, 2009 2:53 PM EST
            Reply
            Watching-404403

            My heart truly goes out to this father. Brazil needs to get its act together and return Sean to his dad now.

            • 9 votes
            Reply#3 - Fri Dec 18, 2009 10:40 AM EST
            zsiage

            Agree with you! He should be allowed to bring his son home to the U.S. this year!

            • 1 vote
            #3.1 - Sat Dec 19, 2009 9:26 AM EST
            Reply
            Melanie-1357883

            That's why he should have married someone from Kansas!! Did he put up a fight for his son when the wife ran off to Brazil to "visit" family, got a divorce from him, then remarried, then got pregnant, etc......I wish the man was raising his son, but come on, the thought of her running back to her homeland never crossed his mind? Really?

            • 1 vote
            #4 - Fri Dec 18, 2009 10:51 AM EST
            Beoweolf

            Marriages, good ones; are based on trust, common goals as well as affection between the husband and wife. He met her here in the US, she was working here and seemed to be committed to staying. It's not like he arranged for a mail-order bride ... even that would not be cause for your unwarranted supposition.

            Read the entire article - all your questions were covered, in detail. The idea of a wife, wanting to visit relatives with her child is so obvious, common that any dutiful husband would be suspect if he didn't allow his wife to make that kind of visit. Whether she was the "girl next door" or a college sweetheart or someone he met on the Internet - at some time in the marriage, most wives want to take their child to visit their side of the family, see how she grew up, show off the baby to her parents, grandparents or friends.

            You are not actually seeking to "blame" the father for not sharing his child with the maternal side of the family... are you?

            Your 'read' of where he went wrong ... seems to say more about a personal incident than it does of what happened in this case.

            • 5 votes
            #4.1 - Fri Dec 18, 2009 11:28 AM EST
            Sam-539417

            It doesn't matter where you marry them from, women are the spawn of satan! I'm going through a custody battle for my son with my ex-wife and thats here in the good'ol USA, our legal system isn't much better. I can't image trying to do this in another country. Delays after delays and the mothers have way too many rights to screw the dads in this country. People would be amazed and are amazed at what she has been able to get away with....most people in this country have no idea how bad the court system is with regard to children until they are involved in it.....then they see.

            • 6 votes
            #4.2 - Fri Dec 18, 2009 11:36 AM EST
            Melanie-1357883

            So, if you married a woman from say Russia and you had children together. Are you trying to tell me that you would never worry or fear that she would take the chidlren to Russia and stay? That thought would never occur to you?

            So in your opinion, this was a normal, happy marriage the wife was just going to visit family (why dad didn't go with her to visit and spend time with her family- since no doubt you feel that's so important, who knows) and never came back. If they were not in a happy, healthy marriage then why in the world would he let her run off with his child? Unbeknownst to dad, out of the blue she files for divorce? He had no indication, no hints that obviously this woman was completely out of her mind?

              #4.3 - Fri Dec 18, 2009 11:48 AM EST
              Beoweolf

              Again ... read the whole article, then ask yourself why a man would not want his wife to be happy?

              Tickets to Brazil are very expensive ... I expect that since it was a visit for wife to catch up with family and friends, show off her child... he may have felt that staying home, to run the business and pay for the trip was his priority at the time.

              There are a number of american women, probably not you of course; who think that american men should only marry native born women, regardless of reasons.

              This guy formerly traveled, extensively in is early career ... its just possible that he found his horizons had broadened through that expousure to other cultures, other view points. Or as the old song went "how you gonna keep'em down on the Farm, after they seen Paris".

              • 5 votes
              #4.4 - Fri Dec 18, 2009 12:01 PM EST
              EnronDeleted
              Melanie-1357883

              I did read the entire article. But you didn't answer my questions, but maybe in not answering them you really did answer them! And despite all of your philosophical rhetoric to the contrary, you know I have a point or two. Are you really trying to tell me that you would never worry that your wife would kidnap your children and take them to her homeland, or if you and your foreign-born wife were having marital woes, you would encourage her to visit her family with your child and you not accompany her!

              I bet the airline tickets to Brazil are cheaper than his attorney fees!

              I don't think American men should only marry American women, I think men should be smart about who they marry!!

              Perhaps in all his cultural exposures, worldliness, sophistication, and hard work ethic, he should have kept her down on the farm!

                #4.6 - Fri Dec 18, 2009 12:13 PM EST
                EnronDeleted
                Melanie-1357883

                Enron, thank you for pointing out to me that I was spewing garbage, I apologize, because I certainly don't want to sound as negative and condescending as you do. I didn't mean what kind of [legal] fight, I obviously can read, it was more like what kind of fight did he give her before she even left the country. Did he think, "Oh, we're fighting like cats and dogs here in the states and our marriage is in the ditch, but perhaps if she goes and visits her family in a foreign country without me, she'll surely bring the child home before 5:00?" Enron- the name itself speaks volumes! Need I say more.

                  #4.8 - Fri Dec 18, 2009 12:20 PM EST
                  EnronDeleted
                  sandra-brooks

                  Thank God Enron is speaking the exact truth and circumstances. His ex-wife did the absolute wrong thing and Brazil assisted her. I am furious with Brazil and the Step Father. I hope the real father can get through this. I am pulling for him.

                  • 6 votes
                  #4.10 - Fri Dec 18, 2009 12:31 PM EST
                  EnronDeleted
                  MagnoliaSimms

                  Melanie- So you're saying that this is Goldman's fault for not seeing it coming? Even if the relationship was not the strongest, or if they were having problems, I don't think any parent would have seen this coming. Couples fight and disagree, it happens. Sometimes the fights break up marriages, sometimes they don't.

                  I know I've had fights with my boyfriend, and sometimes the best resolution (at least temporarily) is to take time apart. I'll go to my family's house to have some time away from him, and then I'll go back and we'll work it out. We don't have kids, but if we did, it wouldn't be unreasonable for me to take kids with me to visit my family... but I doubt he would think that I would never come back. Just because her family is in Brazil, and my family is an hour away from our house doesn't make the situation any different.

                  I'm sure something similar happened here. Maybe their relationship was on the rocks, maybe it wasn't... we don't know. The mother has said she was unhappy, which is why she never returned to the US. I get the feeling she met someone else she liked better (the step father), and decided to stay in Brazil.

                  What she did is completely unthinkable, and it could never have been anticipated. No one can anticipate that their partner would be so cruel as to deny them the right to see their child ever again. Most partnerships are built on trust and respect for each other. He trusted her, she betrayed his trust. That's pretty much all it boils down to.

                  • 3 votes
                  #4.12 - Fri Dec 18, 2009 2:50 PM EST
                  Erin-397394

                  Melanie I have a better one for you. Try going to Bringseanhome.org. Then you will get the whole story. You must have really been crushed at some point in your life.

                  David has been fighting to get his son back from the day his wife called him to say she was not coming home and if he ever wanted to see his son again he would have to sign away his parental rights. He would not do that.

                  FYI, when there is love and trust in a marriage why wouldn't you let your spouse go home to visit with family and friends? David felt his marriage was strong so why should he worry. It is my opinion that her parents orchestrated this whole thing. They wanted the money and power that would come from their daughters marriage and her marriage to a middle class American just wasn't good enough.

                  Please go to the site and get all the information. This man should have legally had his son years ago and it is disgusting that a country can hold him hostage.

                  • 4 votes
                  #4.13 - Fri Dec 18, 2009 3:35 PM EST
                  Sam-539417

                  "it is disgusting that a country can hold him hostage." or even another state. I am going through the same thing only its here in the states. The courts aren't much different either place.....

                  • 1 vote
                  #4.14 - Fri Dec 18, 2009 3:45 PM EST
                  Karen in Los Angeles

                  Melanie

                  What drugs are you taking? Are you suggesting that a mother should not return to her homeland to visit family?

                  THAT IS WHAT HAPPENED. She started divorce proceedings there.

                  Men - stay away from Melanie. Her post describes MELANIE'S CHARACTER.

                  • 3 votes
                  #4.15 - Fri Dec 18, 2009 4:18 PM EST
                  Perrylegal

                  I originally saw this on Dr. Phil some time ago and learned the couple was happily married! There was no reason Goldman would think his wife would pull such an outrageous stunt like this. She probably met the rich Brazillian guy while home. And knowing he was so well-connected, figured her life would be easy and plush with him. You reap what you sew. She is no longer alive to see her son grow up. Ironic that she died in child birth. My guess is she's begging for some relief from the eternal flames that engulf her.

                    #4.16 - Sat Dec 19, 2009 9:51 AM EST
                    L0NG Beach

                    The Melanie thing...it needs serious psychological diagnostics and then expensive help. Melanie IS INSANE!
                    Please don't waste time corresponding with it/him/her (at the risk of sounding crazy yourself) . Similar to talking to your desk...

                    Sean Goldman belongs with his dad. The mother went to Brazil and then met her influential sugar daddy (not hard to find in a 3rd world corrupt sh!thole). The mother deserved death...oh yeah! she got what she deserved, and a painful one at that. Brainwashing a child takes 2 weeks at most. Sean belongs with his dad and will understand all this when he is 22 or so...

                    • 1 vote
                    #4.17 - Sat Dec 19, 2009 11:35 AM EST
                    Reply
                    Josie-1415863

                    I don't think is Goldman's fault at all...he trusted his wife OK this was his wife not just a girl he met for a couple of months....of course he never thought that crazy lady was going to do something like that....you trust the person you married or at least you try and that is what he did...Someone the president Obama or smeone needs to retur this child back to his BIOLOGICAL FATHER!!! Of course the child is going to choose to stay in Brazil because he doesn't know any other family besides the one he is being raise from. Even though his seen his dad a couple of times is not the same as living your daily life with another family. Having the child testify does not seem fear to me.

                      Reply#5 - Fri Dec 18, 2009 11:23 AM EST
                      Sam-539417

                      not at the age of nine....i would agree. However, when they get older, say like 17, then they should be able to have a say....at the very least be heard by the judge before granting any more delays.....sorry, that's my story...not the one here.

                        #5.1 - Fri Dec 18, 2009 11:38 AM EST
                        Karen in Los Angeles

                        Sam - most courts will hear a child's opinion, but DO NOT RELY ON IT, provided that the child is about 12 years of age or older.

                        Sean is not even close to that age and should not have any say at all.

                        I am sooooo disappointed in this family for keeping this child from his natural father, especially when OUR ATTORNEY GENERAL ordered police action to retrieve Elian Gonzalez when that family was keeping Elian away from his NATURAL FATHER who happened to be a CUBAN NATIONAL.

                        For those who do not know, Americans are not allowed to travel to Cuba or conduct business with Cuba for some reason I can not remember. Nonetheless, that did not stop America from returning a Cuban national to his NATURAL FATHER.

                        • 4 votes
                        #5.2 - Fri Dec 18, 2009 4:32 PM EST
                        EnronDeleted
                        L0NG Beach

                        karen in la
                        goes to show how much "pull" we got with these 3rd world lunatics...

                          #5.4 - Sat Dec 19, 2009 11:38 AM EST
                          Reply
                          teresa-1223728

                          The minor child is a U.S. born citizen--the US government and the biological father have legal right to custody of this child.  The Brazilian court ruled--this father has been fighting for this child for five years--the step father has no biological or legal right.  This is similar to Anna Nicole Smith.  Larry Birkhead was the biological father; lawyer, Howard Stern, was put on the birth certificate, but in the end--biological father received custody as he should.  The U.S. government should sue the Brazilian courts for interferring in abduction/custody.

                          • 4 votes
                          Reply#6 - Fri Dec 18, 2009 11:51 AM EST
                          Rob73

                          This is a case of kidnapping/child abduction and nothing less, in addition to being a violation of international law and standing treaties signed by both Brazil and the United States. More pressure should be applied to the Brazilian government to resolve this situation immediately.

                          The United States (and any other countries denouncing this violation) should boycott any Olympic games or planning for those games in Brazil until the boy is returned to rightful custody - his father.

                          • 1 vote
                          Reply#7 - Fri Dec 18, 2009 12:05 PM EST
                          MASmith-1520759

                          I'd like to know more about the Brazilian relatives' side of the story, I just don't trust Goldman. The child has dual citizenship and it was the MOTHER who took the child, how can that be called kidnapping? Unfortunately she died, but looks like the child is living who relatives that are taking good care of him, those are his family now, and also, how about the little sister, is it right to separate siblings? I think Goldman is being plain selfish.

                          • 1 vote
                          Reply#8 - Fri Dec 18, 2009 12:20 PM EST
                          EnronDeleted
                          simply2fly

                          MASmith - you are pathetic.

                          • 5 votes
                          #8.2 - Fri Dec 18, 2009 2:28 PM EST
                          Karen in Los Angeles

                          MASmith - remind me to never be related to you in any fashion.

                          What lopsided thinking you have. Another female who tries to keep fathers away from their kids.

                          YOU ARE PATHETIC is right.

                          • 5 votes
                          #8.3 - Fri Dec 18, 2009 4:34 PM EST
                          Rhonda-948757

                          MASmith you are a complete IDIOT!!!!

                          • 3 votes
                          #8.4 - Sat Dec 19, 2009 3:37 AM EST
                          yo-811014

                          Smith you are a dumbazz, just goes to show you there is always a turd in the punch bowl.

                          • 2 votes
                          #8.5 - Sat Dec 19, 2009 7:49 AM EST
                          Barry-1106909

                          MA.........it became kidnapping when the mother defied a court order to return the child. Seriously, I find your comments somewhat incredulous! The child belongs to and should be with his biological father. The lawyer step-father has already shown himself to be an unfit parent by his endless legal wrangling and manipulation of the Brazilian legal system. End of story.

                          • 1 vote
                          #8.6 - Sat Dec 19, 2009 8:34 AM EST
                          eugene101Deleted
                          kurt.1522040

                          how would YOU like to be seperated from your child? it sounds like you have no idea how it eats at you

                            #8.8 - Sat Dec 19, 2009 1:15 PM EST
                            DonnaSTL

                            Really....there is a stop sign, may be I should just go through it...IT IS ILLEGAL. I want to be rich and win PowerBall so I never have to work again, but I would still have to pay taxes. MA, lots of people want this or that, but there is RIGHT and Wrong in the world....this sneaky @a$$ mom lied to David and took their baby because she 'wanted to'. If you have never been in a battle of such, you will not know what the agony of some guy in a robe making money to make your life a living hell is like. In this situation, there is nothing right about making that child stay in Brazil, if they would have handled this correctly, David would have probably gone back with Sean to visit on trips, now I hope they all miss out on their favorite things for the next five years and live in agony as well.

                              #8.9 - Thu Dec 24, 2009 11:03 AM EST
                              Reply
                              Straight Edge XXDeleted
                              Dodgeman-1227155

                              It all boils down to money the stepfather is rich and pretty well paid the kid to want to stay in brazil. I can't imagine a 10 yr old being questioned on where he wants to live. 2nd the father should have known the flight risk of a foriegner, i'm glad the mother died personally she got what she deserves. That boy is gonna be so messed up it isnt funny. I dont see how the stepfather could have any rights to the custody of the boy but their laws must be screwed up just like everywhere else.

                              • 2 votes
                              Reply#10 - Fri Dec 18, 2009 12:53 PM EST
                              vinca

                              Of course the kid wants to stay in Brazil... It's the only life he knows and remembers... He was wisked away by his mother at age 4 and has minimal contact with his father since that time...

                              Not the boy's fault... Not the father's fault... The blame lies with the, now dead, mother... When the mother died the boy should have been returned to his biological father immediately... since Brazil has signed the Hauge Treaty, then I don't understand why they don't comply with the treaty and return the boy to his biological father...

                              It should not matter that the boy's maternal relatives have connections in Brazil... The Brazilian government needs to comply with the treaty...

                              President Obama why don't you invited the Brazilian President, Luiz Inácio Lula da Silva, to the White House for a beer and put a stop to this nonsense...

                              • 3 votes
                              Reply#11 - Fri Dec 18, 2009 1:08 PM EST
                              gloria fabiaschi

                              if the boy were brought home he'd forget his life in Brazil so fast his head would spin.

                              i'm sure his father would see too that. once he gets too know his real dad the whole life experience will change for him.it would open up a whole new life for a 10yr.old. you can bet the bank on that.

                              • 1 vote
                              #11.1 - Fri Dec 18, 2009 1:51 PM EST
                              Somewhere in Houston

                              Gloria, I'm in agreement with you.

                              • 1 vote
                              #11.2 - Fri Dec 18, 2009 3:47 PM EST
                              lucy-263358

                              Vinca--only superpowers like the US are held to account for enforcing the treaties they sign--the pissant freeloaders of the world always seem to get a pass.

                                #11.3 - Sat Dec 19, 2009 11:09 AM EST
                                Beoweolf

                                This case was "not" at a Presidential level. That why we have diplomats to handle International disputes.

                                Besides, you are working off old information - the issue was brought up in the last conversation between President Obama and their Brazilan Emissary - then handed over to The Secretary of State to work out the details, who then handed the grunt work over to the people versed in the details of international law.

                                These cases are not like, back home - where folks are used to walking into the office of the Mayor of Mayberry to get a STOP sign moved.

                                Much as it may make you angry - The President and the Secretary of State have bigger jobs to accomplish than handle family court issues. However, once it was brought to their attention - they do have staff that do and do it very well, that's why Mr. Goldman was so relieved when he got the Obama administration involved.

                                There are some things that can't be settled with beer.

                                • 1 vote
                                #11.4 - Thu Dec 24, 2009 12:10 PM EST
                                Reply
                                gloria fabiaschi

                                i am livid at this prostitutute of a country called Brazil. how dare you keep this child from his real father. the step father is nothing but a fuchen pimp stealing all the lime light. this country and this step father are nothing but evil.

                                if i were mr. Goldman i'd hire some real experts and go in there and get my son back and fuch this bull crap with the courts and every other piece of crap associated with this cesspool of a country. this is his son and solely his son, not the evil pimp he is living with.

                                Mr. Goldman i and many, many, people are with you all the way. if i could do something i would. God Bless.this is horrendous! just horrendous!

                                excuse the hard language but that's all these scumbags are worth.

                                • 3 votes
                                Reply#12 - Fri Dec 18, 2009 1:25 PM EST
                                kurt.1522040

                                you couldn't put it better the poor guy needs some help and it doesen't seem like the proper channels are the way to go

                                  #12.1 - Sat Dec 19, 2009 1:27 PM EST
                                  Reply
                                  Commonsense_Texan

                                  It all comes down to anti-americanism. This poor guy doesn't have a chance at getting his son back. Even if he is on the right side of international law just the fact he is from the US will make it impossible for him to win.

                                  I can just imagine the international outrage, and how fast this kid would be on a jet back to Brazil if the shoe were on the other foot.

                                  • 2 votes
                                  Reply#13 - Fri Dec 18, 2009 1:47 PM EST
                                  Jaime-438428

                                  This makes me sick. I truly feel like we should be doing more in this case. This is absolutely ridiculous. I truly try not to wish evil on anyone, however I pray for the day the step-father and his entire family is wiped out, so the boy can go back home to a family that truly loves him, and isn't just in this for control. Thank heavens the mother is dead, at least. One rotten soul down.

                                  I know it's horribly wrong for me to feel this way, but I guess I no longer care in this case. As a parent, this disgusts me to no end.

                                  This is a case of kidnapping, plain and simple, and the Brazilian government and courts are aiding and abetting kidnappers. While I know this doesn't speak to the attitudes and mindset of the lovely people of Brazil, it leaves a sour taste in my mouth about the country as a whole. What a shame. And of course, we reward this country by giving them the Olympics. Disgusting. They do not deserve it if this is how they run things over there...

                                  I just pray this man gets his son back, finally.

                                  • 2 votes
                                  Reply#14 - Fri Dec 18, 2009 2:06 PM EST
                                  cPg-883146

                                  What's with this story writer ? Never see the step-parents name-always referred to as " the Brazilian family ". .

                                  My other main question-the late wife kidnapped the son-why isn't the step dad charged with aiding and abetting as a criminal charge. This might spreed things along.

                                  This young child is being brainwashed. His father not taking the opportunity to see him when he can is a mistake. He belongs hope with his dad in America. Do different then the I believe case of a Cuban citizen (young boy) a few years back.

                                    Reply#15 - Fri Dec 18, 2009 2:08 PM EST
                                    Somewhere in Houston

                                    I believe the "Brazilian family" won't even let Mr. Goldman (the American) see his son while he is in Brazil today......Unthinkable for anyone to hold a child as a pawn as the "Brazilian family" is doing. They should at least let the child see his father every time he is in Brazil. They won't because that helps to brainwash the child. If the child had been seeing his father more, he would definitely want to go home to his father in America. Why doesn't this "Brazilian family" speak out about any DANGERS to the child if he goes home to his biological father? Because I don't think there are any.

                                    • 1 vote
                                    #15.1 - Fri Dec 18, 2009 3:45 PM EST
                                    Sam-539417

                                    "Unthinkable for anyone to hold a child as a pawn" yet it happens every day here in America....with custody battles.

                                    • 1 vote
                                    #15.2 - Fri Dec 18, 2009 3:52 PM EST
                                    JustLittleOldMe

                                    Sam, I'm really sorry for what you're going through. Your "Women are the spawn of Satan" comment would have elicited an argument from me a month ago, seeing as I am a woman, duh. But a dear friend of the family got dumped by HIS wife because he ended up not being rich enough for her tastes and got reamed over by our stupid court system. I'd say our court system is the spawn of Satan--and women DO get burned by it, too. I have had enough female friends get burned in divorce and custody cases, too. The kids end up hurt the worst. It seems like it's more stacked against the decent honest people of either gender than it is against a specific gender at least some of the time. I think that's because the nastier spouse always gets the most ruthless attorney and has no ethics or restraint about causing damage to the kids if it serves their own purpose. Our friend's ex is in the exact same mold of greed and self-centeredness as the wife of the guy this story is about. Unfortunately they had a kid together and the wife is just as likely to defy custody agreements and run off to her sh*thole South American country with their kid. My own mum is a citizen from another country and she would never have done something like this to my dad--but she's from another generation that put their kids first. But it's a different world today.

                                      #15.3 - Sat Dec 19, 2009 1:04 PM EST
                                      lucy-263358

                                      The rich think that they can buy anything including children---no matter wh they belong to. These people would call themselved good Catholics,I bet,-----where is the church on this? Didn't anyone ever teach these people that " Thou shalt not steal?"

                                        #15.4 - Sat Dec 19, 2009 2:07 PM EST
                                        Reply
                                        Jacqueline-315915

                                        I feel for the kid...one day he will be an adult have a lot of resenment towards both sides...I hope they are saving for therapy bills.

                                          Reply#16 - Fri Dec 18, 2009 2:10 PM EST
                                          Straight Edge XXDeleted
                                          chalkoutline-1088893

                                          Are we giving any kind of aid to Brazil? If so, shut it off, pronto.

                                          Those people make me sick, stealing a man's child and dragging him and the boy thru this garbage.

                                          I guess he is lucky they aren't sticking needles in him in some ignorant voodoo ritual. Perhaps the court officials need some needle therapy.

                                            Reply#18 - Fri Dec 18, 2009 2:26 PM EST
                                            Portland

                                            I am astonished that Brazil has kept this child from his father for this length of time. It makes me think Brazil does not play by the rules at all. There is no question that this child should have been living with his natural father since the day his Mother passed away.

                                            The country of Brazil should be ashamed. And the fact that higher powers in the US government cannot intervene and get this child back is shameful.

                                            • 2 votes
                                            Reply#19 - Fri Dec 18, 2009 2:52 PM EST
                                            Reply
                                            Brats

                                            Cut off trade...put the Brazilian Ambassador in Washington on house arrest...

                                            Problem solved...Brazil will cave in and do the right thing

                                              Reply#20 - Fri Dec 18, 2009 3:18 PM EST
                                              Amalia Davis

                                              Shades of the "hanging judges of the old West"- someone should check and see if the judges bank accounts suddenly received donations from the mother. I really smell a rat in this whole thing. The father deserves to have his son in his custody, NOW>.

                                                Reply#21 - Fri Dec 18, 2009 3:34 PM EST
                                                gloria fabiaschi

                                                of course it's all corruption. this crapbag, scumbag, family is paying to keep that little boy there.they got the bucks to do it.they're despicable. money turns you evil. that's just what these people are.

                                                if the father can, he should find some experts go in there and get that kid out pronto. that's if he can. my old man used to say where there's a will there's a way.

                                                  #21.1 - Fri Dec 18, 2009 6:11 PM EST
                                                  Reply
                                                  Somewhere in Houston

                                                  I keep reading the articles in this case to try to find out WHY the Brazilian Courts won't return the child to the biological father. Are they claiming abuse by the father; inability to provide for the child; etc.? Can anyone on this board provid some insight into WHY the courts won't give the child to the father?

                                                  In the Cuban child, Elian's case, the U.S. did the right thing by returning the child. Although the child would have had a nice life in the U.S. as well.....little Elian belonged to his biological parent.

                                                  • 2 votes
                                                  Reply#22 - Fri Dec 18, 2009 3:39 PM EST
                                                  sandra-brooks

                                                  Agreed, but if I am not mistaken, Elian was here in the USA with blood family. This is very much not the case in Brazil. In either regard the US made the decision to return the boy to his father. Brazil is getting alot of bad press over their mis-guided decision making!

                                                    #22.1 - Fri Dec 18, 2009 7:57 PM EST
                                                    Reply
                                                    M. Simons

                                                    I think the U.S. should think seriously about our participation in the Olympics in Brazil until they return this abducted child to his father. 

                                                    • 1 vote
                                                    Reply#23 - Fri Dec 18, 2009 3:56 PM EST
                                                    Jason-960565

                                                    M. Simons

                                                    The USA not participating in the Olympics? Would it be fair to so many American athletes with real chances of winning medals to forgo their "once every 4 year opportunity"? Brazil will get a lot of revenue from expectators, even if Americans don't go, the rest of the World will. And they are banking on making a whole lot more money with the Soccer World Cup taking place a few years before the Olympics, which will finance a lot of the infrastructure needed, and nobody has mentioned yet since we don't know how big soccer is to the world.

                                                    There are better ways to solve this problem; boycotting the Olympics will only hurt us!

                                                    • 1 vote
                                                    #23.1 - Fri Dec 18, 2009 4:06 PM EST
                                                    Reply
                                                    M. Simons

                                                    Somewhere in Houston: They won't return the child because the step-father & his family have powerful political connections in Brazil.

                                                    • 1 vote
                                                    Reply#24 - Fri Dec 18, 2009 3:58 PM EST
                                                    j-330643

                                                    This boy should be reunited with his dad ASAP before the holidays. Did this scumbag in Brazil legally adopt this boy ( I DONT THINK SO ) just my opinion. Was the real dad notified about this scumbag wanting to adopt his son ( I DONT THINK SO )This Child should be giving back to his real dad ASAP.

                                                    I pray that father and son will be reunited before the holidays.

                                                      Reply#25 - Fri Dec 18, 2009 4:59 PM EST
                                                      Irene-534151

                                                      How does this poor father hold up under all this pressure!!!! Brazil....these Hispanic countries...male population would kill to keep their own kids....why don't they understand a "real" father's rights!! It's disgusting...and I hope some of those rich souls out there donate to his cause!!!!

                                                      • 2 votes
                                                      Reply#26 - Fri Dec 18, 2009 10:20 PM EST
                                                      Dave Smith-393006

                                                      We have marines. We have nukes. Our government should issue an ultimatum. Return the kid now or we will make you a wasteland. I am tired of these petty countries breaching international law.

                                                        Reply#27 - Fri Dec 18, 2009 11:13 PM EST
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