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David Goldman Custody Battle | 06/05/2009 10:20 am

A Father's Plight: New Jersey Dad David Goldman Comes Home From Brazil Without Son – Again

Dad has been fighting Brazilian government for five years just to bring his only son home after he was kidnapped by deceased mom.
By The staff at wowOwow.com

Imagine having your only son taken by your spouse on a vacation to a foreign country, never to return. Then imagine your spouse divorcing you while they’re gone, remarrying, dying, and then finding yourself unable to bring your son home after all of that.

That’s the nightmare New Jersey man David Goldman is in. He has been fighting the Brazilian government for five years to bring his kidnapped son, Sean, back to the United States. His deceased ex-wife’s husband, lawyer Joao Paulo Lins e Silva, has had custody, and Goldman says the Brazilian family has been telling his son he abandoned him. Earlier this week, Goldman came very close to being able to bring his son home after a judge awarded him custody; everyone was thrilled that justice was finally being done. But one lone Brazilian Supreme Court judge reversed that decision and dealt Goldman yet another heart-wrenching blow. The father came back to New Jersey this morning without his nine-year-old — for the eleventh time. An appeal will be decided on June 10.

"Each time is a continuation of this tragedy and this nightmare. And it’s very lonely," Goldman told "Good Morning America." "I’m going to fight like I always have … There’s only one choice and that’s to keep going until my son comes home."

The case has sparked international outrage. Many of the Brazilian people have voiced support for Goldman, as have people here at home. An editorial in New Jersey’s Asbury Park Press reads:

It’s bad enough when a parent abducts a child. It’s worse when the crime is aided and abetted by a government, as Brazil has done. And it’s worse still when the government is influenced by a wealthy family that initiated the crime against Sean and his father. That’s clearly the case here.

Congress, Secretary of State Hillary Clinton and even President Obama have called on Brazil to let Sean come home. New Jersey Rep. Chris Smith introduced legislation that would suspend trading benefits with Brazil until it honors an international treaty — the Hague Convention on International Child Abduction signed by 68 nations, including the U.S. and Brazil. Smith told CNN this morning that the [President] Lulu government "has been either incompetent, or worse — complicit — in kidnapping" not only Sean but other children who have been "wrongfully held" in Brazil.

"The American side has done everything we can possibly do … David has followed, painstakingly, the rules of the law … Enough is enough. It has been the government of Brazil, not the people of Brazil." Smith added that "without a doubt," Brazil is breaking international law by not complying with the Hague Convention agreement on child abductions. Smith traveled with Goldman to Brazil in February and said the dad is strong, even in the face of threats to his well-being for his fight. Goldman has been followed while in Brazil, had his hotel door pounded on other through the night, and been faced with other forms of intimidation. 

"Frankly, his love for his son, his tenacity, has overcome every other concern, including his own physical security," Smith said.

It’s an "egregious, egregious case" of the Brazilian government outrightly denying Goldman’s right to custody of his own child, Smith’s public policy director, Jeff Sagnip, told wOw today. "The most horrible part of this case was David was denied visitation for … close to five years."

Smith’s presence at Goldman’s side in Brazilian court helped Goldman finally being granted visitation earlier this year, and when the congressman couldn’t get down to Brazil this week because of missed flights and bad weather, Sean’s step-father tried to keep Goldman from seeing the little boy.

"The family tried to block the visit and we had to work through the embassy," Sagnip explained. "David was petrified that they wouldn’t [let him see his son] without Chris by his side, and with good cause."

The fear is now that Sean’s stepfather will try to argue that the boy doesn’t want to leave Brazil. "They’re playing very dirty right now and saying Sean wants to stay," Sagnip said.

Goldman says he won’t stop fighting for his son until he’s back in New Jersey where he belongs. We wish him the best of luck. Watch Goldman’s "GMA" interview here.

18 Reader Comments (so far…) Sign In or Register to comment

SJMorgan

This is ridiculous!  The government of Brazil is guilty of child abuse IMO!

By SJMorgan on 06/05/2009 10:31 am
ElizabethNewman
What I find even more outrageous is that the family holding the boy in Brazil has lawyers claiming that they do not have to abide by the Hague Convention…that for whatever reason it is null and void.
By ElizabethNewman on 06/05/2009 10:49 am
LC4

This is an outrage! … This child has a living biological father who wants and loves him!

The stepfather lost his biological son and is punishing this boys father! … He is nothing more than a kidnapper and abuser! … There is no justification! …Brazil should be ashamed! … Boycott Brazil and its products!

I wish this childs biological father success in his endeavors!

By LC4 on 06/05/2009 10:59 am
KristyB

I have a watched a special on this case.  I believe it was 48 hours.  I think it’s horrible that the Brazilian government won’t even help return this little boy to his father.  It’s obvious that the little boy was kidnapped.  You never know; the boy’s step father may haven gotten to the judge.

Brazil needs to do the right thing!

By KristyB on 06/05/2009 11:09 am
LauraWard

This reminds me of the Kimberly Mays Twigg case where a couple found out the 9 year old child (born in 1978) that died was not their child. Apparently, the babies had been switched at birth. When they tried to get custody of their biological daughter from the father who was raising her (that mother had died), the court did not allow it. Years later, Kimberly had problems with her custodial father and went to her biological parents, she ended up with problems with both sets of parents. When she married, she lost custody of her son who went into foster care. In the end, I guess this means, the child will suffer.

My own opinion is that the Brazilian husband should have sent the son to his biological father as soon as the mother died. That’s who the boy needed most then.

By LauraWard on 06/05/2009 12:11 pm
BethCornell
I agree with most of you. I think this boy will suffer in the hands of his custodial father because his mother died in childbirth and lost the only other boy. I hope Clinton steps in further and presses and reminds the Brazilian gov’t that the right are with the biological father.
By BethCornell on 06/05/2009 2:03 pm
SG3
The poor man. How horrible for another child to be lied to about his father . I hope one day he gets the rights he deserves.He shoudl have given to his father when the mother died.
By SG3 on 06/05/2009 2:54 pm
SG3
typo should
By SG3 on 06/05/2009 2:55 pm
SherryDale
I saw his story of GMA and was just heart-broken.  I can’t think of any reason whatsoever why that attorney (the man married to his ex-wife) would retain custody of this child.  This man is some kind of a beast not to give this child back to the father.
By SherryDale on 06/05/2009 5:01 pm
DeBrcaobj
Who was the boy who refused to leave the U.S. back in the 80s I think, when his parents returned to the USSR  (?). I can’t think of his name but this reminds me of it a bit. The parents returned to their communist country and he didn’t want to leave so our judicial system gave him a lawyer and kept him here. He was about 12 yrs old.
By DeBrcaobj on 06/05/2009 6:25 pm
LauriAnderson
Hopefully, with Secretary Clinton, Mr. Smith and President Obama getting involved this father’s nightmare will end next month.  I promise I am not trying to play devil’s advocate here, but if the child has felt loved and secure for the past 5 years and at such a tender age, he may not want to come to the United States.  I sincerely hope for a happy ending to all of this for Mr. Goldman AND for Sean.
By LauriAnderson on 06/06/2009 1:07 pm
marvettaenge
You know I saw my first report about this case on Larry king and this is so sad, that this precious little boy that belongs with his biological father is having such a hard time getting his son. The mother kidnaps him and the father is in turmoil trying to get his son back after the death of this childs mother. I’m hoping that soon this baby will be back with his father.
By marvettaenge on 06/06/2009 2:55 pm
canuckcanuck
I have been praying for the safe return of his son to him daily. He will in the end be a hero to his son for this fight. Is there a fund set up somewhere we can donate to and help him with the expenses?
By canuckcanuck on 06/06/2009 2:56 pm
laureenf
By the time this child is returned…he won’t know his dad and it will be another cruel shock to the child. I pray that his step-dad is taking good care of him.
By laureenf on 06/07/2009 7:00 am
PatriciaMDavis
This is very disturbing.  The government of Brazil has no standing to keep the child in Brazil.  They have used this child for what purpose ?  And they have tormented the father.  Our government should impose sanctions against Brazil until the child is returned to the US and to his father. 
By PatriciaMDavis on 06/07/2009 10:34 pm