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NJ man tries to get his son back from Brazil

Posted by roselvr Coun (My Page) on
Fri, Nov 7, 08 at 8:59

I think someone posted this a few years ago after it happened.

A NJ man dropped his wife, 4 year old son & her parents at an airport for what was to be a 2 week visit in Brazil. The next day, she called him to say she was never coming back.

The man, David Goldman has tried to get custody of his son for the last 4 years, unsuccessfully. He has not seen his child in 4 years

She eventually got a divorce in Brazil, then recently remarried, having another child a few months ago, dying after child birth. Her new husband has petitioned the Brazil courts to have a new birth certificate made listing him as Sean's father.

Very sad that this happens. My heart goes out to this family

From the father's web site

I have been fighting in the Brazilian courts under The Hague Treaty for 4+ years. All counts of the law under The Hague Treaty as well as Brazilian, US and international law are clear and documented in court records in Brazil and the US that Sean was and still is being retained illegally and should be returned to the US. The Brazilian courts have ignored these orders as well as The Hague law and have continually ruled that Sean belonged with his mother and the mother is the most important bond. They have ruled as if it were a simple custody case, where the mother always gets the child. During the past 4+ years, I have made many trips to Brazil in the hope of being reunited with my son. I have been present for all rulings rendered by Brazilian courts, yet have never been permitted to see Sean. At the Superior Court level in Brazil, Bruna was awarded custody by a panel of five judges. Three judges ruled in favor of Bruna, while two voted in favor of me...

On August 22, 2008, Bruna tragically passed away during childbirth. I was not informed of her death by her parents or by her new Brazilian husband. I found out only through the research of friends in the U.S. Since I am his biological father, and the only other person with a reasonable claim to custody, I assumed that I would be reunited with Sean and return him to our home in the U.S. Both attorneys advised me to travel to Brazil as soon as possible. I traveled to Sao Paulo on Delta flight 121, which arrived in Sao Paulo at approximately 9:40 am 7 September 2008. I traveled to Brazil with my mother and our family friend. Since learning of Bruna's passing, all attempts to directly contact Sean or Bruna's family in Brazil have failed. Through my attorney in Brazil, I attempted to set up visitation with Sean. Via response by their Brazilian counsel, Bruna's Brazilian husband and parents have denied any contact between Sean and me or his paternal grandmother.

I have been told by both attorneys that I "should" be able to see and regain custody of Sean. However, nothing in this case has ever gone as it "should" under Brazilian and/or international law. Worse still, recent events in Brazil have given us greater cause for concern and have reinforced our beliefs that the .... Brazilian legal system could prevent justice from ever being served. Soon after our arrival in Sao Paulo, we learned that Bruna's Brazilian husband did not file for custody of Sean. Instead, he filed to replace me (his biological father) on a birth certificate issued for Sean in Brazil.

So now after four years of trying desperately to be with my son, I find myself sitting in a hotel room in Sao Paulo since September 7th, hoping and praying to be reunited with my son, ready to bring him home and resume our life as father and son. We have much healing to do. I have never lost hope the day would come for us to be together again. I will never give up, but I need help.

Here is a link that might be useful: Bring Sean home

Follow-Up Postings:

RE: NJ man tries to get his son back from Brazil

  • Posted by roselvr Burlington Coun (My Page) on
    Mon, Nov 24, 08 at 8:52

Going down....

RE: NJ man tries to get his son back from Brazil

  • Posted by roselvr Burlington Coun (My Page) on
    Sat, Nov 29, 08 at 11:52

This will be on Dr Phil Monday if anyone is interested

Here is a link that might be useful: Dr Phil - bring back my child

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