Brazilian family says it won't appeal ruling returning boy to U.S. dad

[MaryAnnDVC]

http://www.cnn.com/2009/WORLD/americas/12/23/brazil.custody.battle/index.html

Alleluia!

(CNN) -- Brazilian relatives of a 9-year-old boy, caught in an international custody battle with the child's father, will not file any further appeals after the Brazilian Supreme Court ruled against them, their attorney told CNN Wednesday.

The family is just looking for a peaceful handover of Sean Goldman to his father, attorney Sergio Tostes said, and plan on starting dialogue to allow the transfer to happen immediately.

The chief justice of the Brazilian Supreme Court ruled Tuesday in favor of David Goldman, who had been battling the family of the boy's deceased mother for custody. The ruling by Chief Justice Gilmar Mendes will reunite Sean with his father. Last week, a lower court unanimously upheld a decision ordering that Sean Goldman be returned to his father in New Jersey.

David Goldman arrived in Rio de Janeiro to reunite with his son, but one Supreme Court justice issued a stay, ordering Sean to remain with his Brazilian relatives until the high court could consider the case. Mendes' decision lifted the stay.

The regional court decreed the boy must be handed over by 9 a.m. (6 a.m. ET) on Thursday.

"Sean is very sad because it is not and has never been his desire [to return to the United States]," his grandmother, Silvana Bianchi, told CNN. "He got especially disappointed about not having the right to speak in his own country [about] what he wanted for himself ... They are sending the boy to the United States without the right to defend himself. Where is the Brazilian constitution?"

Bianchi was initially expected to appeal. But Tostes said Wednesday the family wants to act in the boy's best interest, and he was meeting with an intermediary to arrange the handover. He said he would like Bianchi to meet with David Goldman so she can tell him what Sean likes to eat, what he enjoys doing and other details.

Asked whether she would accompany Sean on the flight to the United States, Bianchi would only say Tostes is negotiating what is best for the boy.

Upon hearing the family would file no further appeals, Rep. Chris Smith, R-New Jersey, said, "This is not good news. This is great news."

The custody battle began in 2004, when Goldman's wife, Bruna Bianchi, took their then-4-year-old son from their home in New Jersey to Rio de Janeiro for what was to have been a two-week vacation. She never returned, instead remarrying there and retaining custody of Sean. She died last year in childbirth.

Goldman has argued that as the sole surviving parent, he should be granted custody.
The Bianchi family maintained it would traumatize Sean to remove him from what has been his home for five years.

The custody battle garnered much media attention and spilled over into the political arena as well.
U.S. Sen. Frank Lautenberg, D-New Jersey, had placed a hold on a trade bill that would have benefited Brazil to the tune of $2.75 billion, but he lifted it after the court's ruling, spokesman Caley Gray told CNN.

The bill in question, which sailed through the Senate after the senator dropped the hold, provides export tariff relief to 130 countries, of which Brazil would be the fifth largest recipient, Gray said.
Lautenberg's hold was designed to exert additional pressure on Brazilian authorities to abide by the court order to return Sean to his father, he said.

Silvana Bianchi told CNN Wednesday it was "very sad, a country that exchanges children for economic agreements."

While the chief justice was still studying the case, Brazilian Attorney General Luis Inacio Adams said the executive branch of Brazilian government sided with Goldman.

"Once we stop cooperating and start breaking our treaties and international obligations, Brazil risks the chance of not having its own requests in the matters regarding international judicial help granted, based on the principle of international reciprocity," Adams said Monday.

"Not releasing the minor into the custody of his father could bring sanctions against Brazil," he added. "It could damage Brazil's image before the international community."

 

[disneymarie]

Oh, I just want to see them on the plane. What a family ordeal.
The young kiddo was the one hurt in this drama. Money and Political influence and connections!

 

[Imzadi]

I am holding my breath until that American boy is finally a plane.

 

[Duchie]

(CNN) "Sean is very sad because it is not and has never been his desire [to return to the United States]," his grandmother, Silvana Bianchi, told CNN. "He got especially disappointed about not having the right to speak in his own country [about] what he wanted for himself ... They are sending the boy to the United States without the right to defend himself. Where is the Brazilian constitution?"

They ARE sending this boy back to his own country. He is American and it is about time he is returned home. It's not Sean that does not want to return - it's his grandmother who doesn't want to give him up. Earlier this week, she sent a letter to the Brazilian Supreme Court telling them that in their culture, the grandparents raise the child when the mother dies and that's just how it's supposed to be done. So this has nothing to do with what Sean wants - it's all about her.

The Bianchi family maintained it would traumatize Sean to remove him from what has been his home for five years.

Funny she had no problem keeping him from his US home 5 years ago. Was he traumitized then? Don't think so. Besides, kids are resilliant. He'll adjust quickly.

 

[Mickey's Minion]

What great news.

I agree with the dad when he said this wasn't a matter of custody, it was a matter of abduction.

I can't believe it took a multi-billion dollar threat from the US for the Brazillion courts to agree that the boys own father should be the one to raise him.

I can't believe any court would think the in-laws had more rights to the child than a parent.

Here's hoping Sean is on American soil soon and celebrating the holidays with his father.

 

[MaryAnnDVC]

These kidnapping cases get me so riled up! I hate when a child is taken, and the legal system (wherever it may be) drags it on and on and on, and then the kidnappers (ie, Sean's mother, step-father, step-father's family, maternal grandparents) claim that the child is too settled where he/she is, that to uproot him/her now would be damaging, that it's the only home he/she knows. UGH!

I'm going to be on the lookout in the morning for any updates, and I pray things go as planned. I don't trust the Brazilian government or those Brazilian relatives for anything.

Family must hand over Sean Goldman at 9 a.m. (6 a.m. ET) Thursday

 

[omghidanielle]

I just saw this on the news. It's pretty sad. I hope it has a happy ending soon

 

[CathrynRose]

I seriously have tears in my eyes. I have followed this story,. every time they have a special (Dateline/20/20/60 Mins) about it.

Good! FINALLY! Oh I hope there's no more garbage and that boy is allowed to be with his dad!

 

[Imzadi]

I just read the whole CNN article. This case has me so riled up, that I've been staying away from getting details, just hoping that one of our American born citizens will be returned home.

 

[happygirl]

What a great Christmas present for this family. I heard the judge order that they boy must be allowed to kept in touch with his "Brazil" family

 

[Planogirl]

This kind of happened to me minus the kidnapping. My mother was Dutch and my father American and I was born in Germany. My mother moved with me to Holland when I was about 9 while my Dad was overseas in the service. He came back and she didn't want to leave Holland at first but later gave in and moved back to the U.S.

I was a very happy child and was quite upset to leave Holland so I hope that the boy isn't too upset at first. Like someone said, kids are resilient but it's sad no matter what.

 

[eduk8r26]

To David Goldman's credit, he has said he will not prevent Sean from seeing his Brazilian relatives. He has said he will not do to them what they did to him. The main stipulation is they have to visit him in the states.

 

[Starbrite]

I sure hope they follow through & hand him over by morning. Just in time for the holidays!

 

[Lisa loves Pooh]

To David Goldman's credit, he has said he will not prevent Sean from seeing his Brazilian relatives. He has said he will not do to them what they did to him. The main stipulation is they have to visit him in the states.

Yeah--with supervised visitation and Sean's passport blocked and an immediate amber alert should Sean's wearabouts become unknown.

I gotta say, I wouldn't prevent it--but I sure as heck would not trust it at all.

I know lots of people were ticked about Elian Gonzalez, but in the end, the US did what was right and didn't drag it on--even if they had to send in a swat team to get him. A bit much--but then you have cases like Sean that drag on for 4 years when the govt fails to acknowledge an abducted child's parent's rights.

 

[MaryAnnDVC]

To David Goldman's credit, he has said he will not prevent Sean from seeing his Brazilian relatives. He has said he will not do to them what they did to him. The main stipulation is they have to visit him in the states.

I just hope they haven't told him horrible things about his father, why his mother left (I think she even admitted he was a good father), what his life in the U.S. will be like, or that his father will keep him from them. And I hope they don't make the transfer a big dramatic news story, as has been done in the past with other cases. I'd hate to see some public tug of war going on, with them clinging to him, hysterical. It will only hurt Sean.

 

[Green Tea]

This case has angered me for so long. I HOPE he is a plane tomorrow. I remain skeptical; the dad has been let down so many times.

 

[MaryAnnDVC]

Yeah--with supervised visitation and Sean's passport blocked and an immediate amber alert should Sean's wearabouts become unknown.

I gotta say, I wouldn't prevent it--but I sure as heck would not trust it at all.

I know lots of people were ticked about Elian Gonzalez, but in the end, the US did what was right and didn't drag it on--even if they had to send in a swat team to get him. A bit much--but then you have cases like Sean that drag on for 4 years when the govt fails to acknowledge an abducted child's parent's rights.

I agree with you completely.

 

[MaryAnnDVC]

It's kind of scary reading this. Just keep praying...
http://news.yahoo.com/s/ap/20091224/ap_on_re_la_am_ca/lt_brazil_us_custody_battle

RIO DE JANEIRO – David Goldman's bitter five-year battle to regain custody of his son neared conclusion Wednesday, when the child's Brazilian family halted its legal efforts as a court-ordered deadline for delivering the boy loomed.

Goldman has said repeatedly that until he is on a plane heading to the U.S. with 9-year-old Sean at his side, he would not feel relief. But with a court ordering the boy's handover Thursday morning at the U.S. Consulate, the end appeared to be in sight.

Goldman's fight against a powerful family of Rio de Janeiro lawyers — a David vs. Goliath matchup in a nation where the wealthy are used to coming out on top — shifted in recent months, legally and among ordinary Brazilians.

The case was once largely viewed through a nationalistic lens. But with Goldman's persistent fighting it has come to be seen on talk shows and in neighborhood bars as a dad simply trying to be with his son.

Which is how Goldman has always framed it.

"Sean is my family, Sean is my son. It is our right to be together, not just a rule of law, not just a treaty, not he's Brazilian, not he's American, not he's from anywhere. He's my son and I should be able to raise my son and he should know his dad," Goldman said this week.

Goldman, of Tinton Falls, N.J., won a big legal victory late Tuesday when Brazil's chief justice upheld a lower court's ruling that ordered Sean returned to him. Sean has lived in Brazil since Goldman's ex-wife, Bruna Bianchi, took him to her native country for what was supposed to be a two-week vacation in 2004. Last year she died in childbirth.

Sean's stepfather, Joao Paulo Lins e Silva, has continued the fight, winning temporary custody in Brazil of the boy. He looked prepared to keep him in the family's massive compound with multiple buildings surrounded by tropical trees, a large wall and gate where expensive SUVs pass through and security guards keep 24-hour watch.

Lins e Silva, a prominent divorce attorney in his father's family law firm, used all legal means available to keep the boy in Brazil. Despite numerous court rulings in favor of Goldman, Lins e Silva continuously found an appeal route that delayed a handover.

But those court battles are now over.

U.S. Rep. Chris Smith, a Republican from New Jersey who has strongly supported Goldman for a year and is in Brazil with him, said Goldman's lawyers believe Brazil's federal police are authorized to remove the child from the family if the court deadline is not met. He also said the international police agency Interpol has been notified to make sure Sean is not spirited out of the country by his Brazilian relatives.

Goldman declined to comment Wednesday, as did the Brazilian family's attorney, Sergio Tostes, who referred all questions to his office.
An aide for Tostes said the legal fight was over.

"It is certain the family will not pursue any more legal channels," the aide said, speaking on condition of anonymity because she was not authorized to discuss the matter.

Despite that and a federal court order that the boy be handed over by 9 a.m. (6 a.m. EST; 1100 GMT) Thursday, Smith said Goldman remains cautious.

"David is very guarded in his emotions because he had so many disappointments in his past, but he does believe that the 9 a.m. deadline is relatively firm," Smith said. "He's optimistic. He can't wait to see his son and to be together for the rest of their lives."

Goldman has seen his son only twice in the five years since his then-wife took the child to visit her family in Brazil, then informed him she wanted a divorce. After a Brazilian court granted the divorce, a New Jersey court awarded Goldman custody of his son.

In Washington, State Department spokesman P.J. Crowley said a U.S. passport had been issued for Sean and delivered to his father in Brazil.

"Many people have been up through the night to provide support for the Goldman family, to maintain contact with the Brazilian government as we hopefully come to the end of this process," Crowley told reporters. "We look forward to the reuniting of Sean Goldman with his father, David."

Silvana Bianchi, Sean's maternal grandmother, blamed international pressure — in particular, the U.S. Senate's delay in renewing a trade bill worth $2.75 billion a year to Brazil — for losing her grandson.

She lodged an appeal before the Supreme Court last week, petitioning that the boy's own testimony about where he wanted to live be heard. That was denied Tuesday by Brazil's chief justice Gilmar Mendes.

"He is really sad, he doesn't want to go," she told the Estado de S. Paulo newspaper. "Gilmar Mendes stripped him of his right to expression, to open his mouth and say he doesn't want to go. In his own country, he's not respected. Here, he's under a gag rule."

Goldman has contended, however, that his son wants to return with him and that he has been under undue pressure from his Brazilian family for the past five years.

Christopher Schmidt, a St. Louis-based attorney with Bryan Cave LLP, said the slow-moving Brazil court system is what failed in this case.

"The critical lesson from this tragic story is to not permit these child abduction cases to spiral into protracted custody disputes, as happened in Brazil," he said. "While Brazil finally made the right decision, Brazil breached its fundamental obligation to decide the abduction case expeditiously."

For Smith, the time had simply come for Goldman and his son to go home.
"David and his team are encouraged that the nightmare is coming to an end," Smith said. "No more delays. It's time to do this."

 

[MaryAnnDVC]

They're together!

As expected, the Brazilian family made a public scene.

But amen, they're together.

Rio de Janeiro, Brazil (CNN) -- Nine-year-old Sean Goldman arrived at the U.S. Consulate in Rio de Janeiro Thursday for a reunion with his father David Goldman, ending a well-publicized international custody battle. The Christmas Eve reunion of son and father comes after a five-year-custody battle that involved the U.S. Secretary of State Hillary Clinton and numerous Brazilian courtrooms.
"Sean Goldman is finally with his father David," a consulate statement said. "The U.S. consulate is doing its utmost to assure that the reunion will be as smooth as possible."
The boy arrived, wearing a yellow and green Brazil soccer jersey, and clutching his stepfather as walked past a throng of reporters.
The chief justice of the Brazilian Supreme Court ruled Tuesday in favor of David Goldman, who had been battling the family of the boy's deceased mother for custody. The ruling by Chief Justice Gilmar Mendes paved the way for the reunion.

Last week, a lower court unanimously upheld a decision ordering Sean Goldman be returned to his father in New Jersey. David Goldman arrived in Rio de Janeiro to reunite with his son, but one Supreme Court justice issued a stay, ordering Sean to remain with his Brazilian relatives until the high court could consider the case. Mendes' decision lifted the stay.
This week, the U.S. State Department issued a passport to Sean, given to his father, so that he can travel back to the United States, spokesman Philip J. Crowley said Wednesday.
The young boy was accompanied by many of his Brazilian family members including his maternal grandmother Silvana Bianchi, who had in the past vehemently opposed the young boy being returned to America. She announced Wednesday that the family would not file further appeals in an attempt to keep the boy in Brazil.
Scrawled on the boy's luggage was the name Sean Goldman.
The custody battle began in 2004, when Goldman's wife, Bruna Bianchi, took their then-4-year-old son from their home in New Jersey to Rio de Janeiro for what was to have been a two-week vacation. She never returned, instead remarrying there and retaining custody of Sean. She died last year in childbirth.
Goldman argued that as the sole surviving parent, he should be granted custody.
The Bianchi family maintained it would traumatize Sean to remove him from what has been his home for five years.
The custody battle garnered much media attention and spilled over into the political arena as well.
U.S. Sen. Frank Lautenberg, D-New Jersey, had placed a hold on a trade bill that would have benefited Brazil to the tune of $2.75 billion, but he lifted it after the court's ruling, spokesman Caley Gray told CNN.
Secretary of State Hillary Clinton has also issued statements calling for an amicable conclusion to the case.

 

[aprilgail2]

That is great news for that father.....lets hope the same can be said in the near future for the father of Liam McCarty-- this poor boy wasn't even in the custody of relatives who love him- he has been stuck in an orphanage in Italy and they will not return the child to his father....the story also took a dire turn in Nov. when his mentally unfit mother re-kidnapped him from an orphanage- they have not been seen since....this poor father!!!!

http://www.lacp.org/2009-Articles-Main/113009-LiamMissingAgain.htm