-
Website
http://themoderatevoice.com/ -
Original page
http://themoderatevoice.com/35999/a-ruling-in-the-sean-goldman-brazil-custody-case/ -
Subscribe
All Comments -
Community
-
-
Top Commenters
-
Popular Threads
All Comments
At what point in time do you feel a kidnapped child should be left with his or her kidnappers?
After 20 years, 10 years, five years (as in trhe case of Sean Goldman), one year, a week...???
And, let me ask one more: do you really think that the more attractive climate where the kidnapped son finds himself in now, or the "fun and extracurricular activities" he is having, should be factors in returning him to his rightful father?
Sanctions against Brazil that "pack a punch."
Does the move of this news story to the 48 Hours | Mystery | Crimesider page mean that CBS is now claiming that the Sean Goldman kidnapping is a mystery? Does CBS claim that this issue is incomprehensible? Is the "Mystery" supposed to excuse Harry Smith from failing or refusing to read background information that would have helped him to ask the "hard questions" on The Morning Show?
The Sean Goldman case is -- plain and simple -- a case about kidnapping. This time it is not a parental kidnapping. Rather, it is a second kidnapping (wrongful detention) of Sean Goldman in Brazil by his stepfather Joao Paulo Lins e Silva. Still, Brazil shirks its duty to return him immediately, as Judge Pinto ordered on June 1st. Brazil became a Hague Convention signatory on 12/01/2003. Since then over 65 children have been abducted by parents to Brazil and not one has been returned.
Sean's stepfather is himself a Hague Convention lawyer, as is his father. Therefore, every possible defense under the Hague Convention has been raised in the latest proceedings in Brazil. The Brazilian federal court judge, Rafael Pinto, shot all of their defenses down.
Only the extraordinary and competent advocacy of David Goldman's lawyers, Patricia Apy of Red Bank, New Jersey and Ricardo Zamariola Junior could have led Judge Pinto to his insightful and competent decisions. Those decisions swept away any serious consideration of the "defenses" raised by Lins e Silva.
If CBS is too busy to read the 65 page June 1st decision by Judge Pinto and his subsequent June 8th decision describing the parental alienation to which Sean is subjected in Brazil, then I suggest that at the very least they read my summaries. I trust that Patricia Apy will correct me here if I have in any way failed to accurately state what Judge Pinto stated -- both as findings of fact and conclusions of law.
My summaries may be found here: http://tinyurl.com/mjz2c5
Jeanne M. Hannah, Family Lawyer, Traverse City, Michigan
While I don't condone what his mother did and what his step-father is now doing, and while I do agree that David has 100% rights to his biological son, David needs to understand that the transition for Sean will be a long and arduous one. David seems to me that he is still living in 2004 and still imagining his son as a 4 year old that likes to sleigh-ride....
MCAT, what is your point? No matter how the transition will be, Sean Goldman should be put back where he belongs with his loving father! It won't take him long to make American friends, enjoy American summers and feel the warmth of his father's heart. Why don't you call the well-connected Brazilian Family Lawyer who's holding this kid hostage and talk to HIM about how he's harming this boy! Get REAL.
My heart goes out to this father and his son. I wish there was something more I could do.
If his last memories of NJ are of the "cold" it is because he has been fed lies by these filthy animals masquarading as his Brazilian family.
From what I have heard and read, I have no doubt but that David will be more than well-prepared and empathetic with his son.
If I were David, I would take my child to the U.S. Consulate in Rio and stay there until Obambi grew a pair and provided secure transportation back to the U.S.
Any option involving mercs would put the boy in harms way. But I can see myself losing patience and going the merc way. The trouble is Paraguay is run by a communist now. Uruguay---you have to go south through a lot of populated areas. Bolivia is a zoo. Anything north of there is a long ways. Airplanes are out since the controls are tight. Sea operations would seem difficult to launch.
So I think the best idea is to go to the U.S. Consulate with the boy and stay there until he's given safe conduct with the boy.
I've come to the conclusion that this is harmful in the long run. By allowing ANY kidnapped child to remain in the kidnapper's country, we're encouraging other kidnappers pull this exact same snatch/hide routine.
Yes, it'll suck for the first kids who are brought home no matter what, but I think it's the only way. Once kidnappers realise that they can hold on to a kid for eight years and as soon as they're discovered the child will absolutely be taken away, it's not going to be so much of an incentive.
And it's pretty clear the Brazilian family have been filling this child's ears with lies. Not exactly surprising, they're kidnappers, but still very low.
The fact that the Court has now acknowledged that Sean should be with his father is wonderful. I am thrilled that the Court has given Mr. Goldman 6 DAYS A WEEK! This is wonderful - amazing!
The whole situation has been unfair. It should never have happened. But it did and now the Court must make decisions that do not take into consideration the past injustices inflicted on Mr. Goldman and his son. The Court’s responsibility is the well being and rights of Sean as they stand now.
Please remember that Sean has spent years believing Mr. Goldman is an uncaring father, a stranger; who has suddenly shown up and is going to cut him off from the only family he has ever known and take him to another country. Can you understand just how traumatizing it would be for Sean to suddenly be handed over? He is terrified.
Untangling parent alienation situations usually start with a couple of hours of access per week and gradually extend to over-night access, giving the alienated parent more and more time; to establish a bond between parent and child, to create trust and security. This is a process that usually takes months, and provides the uncooperative parent with plenty of time to undue any progress. The Court is giving Mr. Goldman extraordinary access – this is a blessing!
This Courting ruling, in my opinion, clearly sides with Mr. Goldman while putting Sean’s well-being first. In my opinion, the Court recognises that these people have organized this deliberate scheme; perpetuating a painful set of lies with no regard for how devastating it must be for this little boy to believe that his father does not love or want him; demonstrating how truly unfit they are to parent this child.
Mr. Goldman has handled himself very well in interviews, responding with calm diplomacy. He has refused to muddy the situation by getting caught up in his own anger and frustration. This must be very difficult but it is the mark of a truly caring father. I encourage him not to speak ill of the people his son loves in order to win him over. Sean loves these people, trying to convince him that he should not love them will only further alienate him. It will be painful enough the day he realises on his own just how heartless and selfish they have been.
Thank you for your reasoned and well-informed comments.
If in fact, it is the intention of the Brazilian judge to do just that--to put Sean's well-being first, by allowing time for father-son to re-establish a bond and trust-- then I have to, perhaps reluctantly, agree.
I hope you are right.
I hope that it will not turn out to be as, another reader (linsesilvaidiots) put it:
"This case will go on and on. From the Tribunal Regional Federal in Rio, it will go to the Superior Tribunal de Justica in Brasilia and then on to the Supremo Tribunal Federal. Each of those stops could take months or even years."
All we can do is hope and wait, albeit some more continuing political, legal, and popular pressure on the Brazilian government and Courts is also in order.
Dorian
I think you did not understand my point. David has rights and this undeniable! My concern is the same concern that a psychologist has recently expressed to the media. Drastically changing the child away from his environment - sister, grand-parents, extended family, school, friends, etc can be devastating. He has lived in this environment for the past 5 years and has recently lost his mother. He has strong emotional ties to his grandmother. If I were David??? First.... I would try to slowly build a relationship with him down in Brazil.
I would want my child to be happy! The welfare of my child would be my first priority, But, this is just my humble opinion.
http://www.cbsnews.com/video/watch/?id=5105638n
Ms. Apy, David's attorney would probably rather that didn't happen. Cash cow case gone, media attention gone, loss of this battle. Even at Sean's expense, she would rather see a child abused to give hr a victory. I have tried to cantact David about States' willingness to consider a win-win solution for everyone. If someone knows how, please forward this to David.
Consider also thar Congressman Smith has his own self-promoting agenda. I seriuosly doubt his best interests are the same as Seans.
I spent equally as long as Dvid did and almost as much money trying to go the other route. I moved to, and still have an apartment in Norht Dakota, 3 hours from my son, no work in my field here, cold as Siberia. I now contract in some pretty dangerous places to be able to afford to have half the year off with no income. Not the solution I'd envisioned, but I think my son is going to be alright. His life was and is around relatives, people who love him, (including me when I can get up there!) and he does have issues, but workable ones.
Our goverment, if they want to get serious about the poblem of international parental child abduction should concentrate on recent cases, not ones which will involve more trauma to the children by returns, and perhaps make a very clear and public statement to the rest of the world that there will be much more uncomfortable pressures brought to bear on the receiving nation - I mean REALLY uncomfortable!
Stan Hudson