Brazilian Supreme Court Justice Marco Aurelio Mello’s recent Stay of Judge Rafael Pereira Pinto’s order that Joao Paulo Lins e Silva must return custody of Sean Goldman to his biological father, David Goldman is shocking and demonstrates the corruptness or political agenda of this particular judge and an outright disregard for the rights of children. In International Parental Kidnapping cases, judges should have the integrity to act in the interests of the child and not inject politics or personal agendas.
Here are some questions I have to Justice Marco Aurelio Mello:
Question 1 – Who should have rightful custody of Sean Goldman?
A. His biological father, David Goldman, a U.S. Citizen.
B. His Step Father, Joao Paulo Lins e Silva, a Brazilian Citizen.
C. Someone else
Question 2 – When country should have the venue for determining final custody of Sean Goldman?
A. The United States of America — The Country where the child was last a habitual resident with his biological parents.
B. Brazil — The Country which Brazilian Citizen Bruna Bianchi Ribeiro kidnapped her son from the United States of America.
Question 3 – If your son or daughter married an American Citizen and was living in Brazil with your grandchild and their spouse fled Brazil to the U.S. without a custody ruling from the Brazilian Courts, wouldn’t you feel the Brazilian Court System should have jurisdiction over the case?
Question 4 – Do we need an International Custody Agreement between Countries to encourage divorcing parents to resolve International custody issues in the best interests of their children?
Question 5 -If the Brazilian Supreme Court rules that the Hague Convention is unconstitutional, what messages does that send to the 50 unresolved U.S. / Brazil family abduction cases in Brazil and other similar custody cases?
A. A Snatch Back or Re-kidnapping of my child is better method for unilaterially determining custody of my child than the Brazilian Legal System.
B. If I am an American Citizen living in Brazil, if I want sole custody of my dual citzenship child, then I should flee to the United States and avoid the Brazilian Legal System.
C. If I am an Brazilian Citizen living in the U.S., if I want sole custody of my dual citizenship child, then I should flee to Brazil and avoid the U.S. Famliy Court System.
It should be a very clear that the rightful custodial parent is his only living biological parent, David Goldman. I am hoping that the Brazilian Supreme Court will act in a timely manner to resolve this issue once and for all. That would be a good start since the best interests of this child can only be best served if the families put their differences aside and start to share custody of this child — unfortuantely, the way things stand right now, that appears to be a very long time from now.