![]() Brazilian court takes Tinton Falls man closer to regaining son
Alexander Traum THE JEWISH STATE December 25, 2009
For the past five years, David Goldman of Tinton Falls has fought in American and Brazilian courts to regain custody of his son, Sean, who in 2004 at the age of 4 was taken by his mother, Bruna Bianchi, to her native Brazil, where she then divorced Goldman, remarried, and died last year. Bruna's second husband has cared for Sean since her death and has refused to return Sean to Goldman. On Dec. 16, a federal appellate court in Brazil ruled that Sean be returned to Goldman, but the following day the country's Supreme Court intervened and ruled that Sean's wishes must first be heard before any final decision is reached. The Supreme Court begins its winter recess Dec. 25 and does not reconvene until Feb. 1. On Dec. 2, Goldman testified before the Tom Lantos Human Rights Commission in Washington, D.C., where he recounted his five-year-long struggle to regain his son, who is now 9. "I cannot express my gratitude for the privilege to thank in person, all of those who have already taken extraordinary action on Sean's and my behalf," Goldman said, according to a transcript of his testimony. "The outpouring of support from American and Brazilian citizens alike, and citizens from countries all over the world, remind me that I do not stand alone while my son and I stare in the face this un-Godly living hell." The case has not only garnered worldwide attention and raised awareness about international parental abductions, but has also threatened relations between the two countries. Rep. Rush Holt (D-N.J.), whose district includes Tinton Falls, recently wrote a letter to Speaker Nancy Pelosi (D-Calif.) and Majority Leader Steny Hoyer (D-Md.) urging them not to take up any legislation that would benefit Brazil. "Since the beginning of this decade, more than 5,000 American-born children have been removed illegally from this country," Holt wrote in the letter. "Mr. Goldman is just one of several dozen parents whose children are being held in Brazil in violation of the Hague Convention, and there is clearly more President Lula and the Brazilian legislature could do to expedite the resolution of these cases. Unfortunately, neither President Lula nor the Brazilian legislature has taken action to bring Brazil into compliance with the Convention. The same is true of Japan, Austria, and other countries who are either not in compliance with the Hague Convention or have declined to become signatories. As too many of our international neighbors do not take this issue seriously, it is past time for our government to show that we do." Under The Hague Convention Treaty, of which Brazil is a signatory, children who are wrongfully taken by one parent must be immediately returned to their previous living arrangement. If custody has not yet been determined, the courts in the country of habitual residence are responsible for determining custody, which in this case is the United States. "It's clearly been an educational process and the tremendous amount of publicity that Goldman has received has heightened the awareness of the reality of international child abductions," Patrick Eddington, Holt's senior policy advisor for defense and intelligence issues, told The Jewish State. There are also several bills being circulated in Congress that seek to address the problem of international parental kidnapping. One of these bills is by Rep. Christopher Smith (R-N.J.), who has taken up Goldman's cause over the past several years and is currently with Goldman in Brazil. Smith's bill, the International Child Abduction Protection Act of 2009, would provide the president and secretary of state additional powers to penalize countries that show "a pattern of non-cooperation" in dealing with child abduction cases. "International child abduction is a huge scandal that has been significantly enabled by ignorance, indifference, incompetence, or outright complicity by far too many governments around the world. The present state of affairs is unconscionable and must change," Smith said at the Dec. 2 hearing. Goldman, in his testimony, urged congress to take immediate action to remedy his situation and those of other's like him. "I pray that Congress does not just hold hearings on this ongoing tragedy, but joins together in a bipartisan commitment to pass legislation that will ensure the U.S. government has the tools to return abducted American children immediately as the Treaty requires and that other countries learn there are serious consequences for refusing to return abducted American children," he said.
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