Brazilian Supreme Court Justice Lifts Stay – 48 hours to return child

December 22, 2009

An International family abduction or parental kidnapping case in Brazil should hopefully come to an end in the next 24 to 48 hours after almost 6 years. Brazilian Family Law Attorney and step father, Joao Paula Lins e Silva has been ordered to take the child to the U.S. Embassy.

Let’s hope this family law attorney Joao Paula Lins e Silva acts in a professional, respectful and timely manner. David Goldman, the victim parent of this International Family Abduction has waited a very long time for this “reunification”. Let’s see if Joao Paula can show respect for not only the ruling of this Brazilian Supreme Court ruling but the rightful court order for this case, the New Jersey Custody Order that was clearly violated by Goldman’s former spouse.

It’s Time for Sean Goldman to Come Home!

December 22, 2009

A Brazilian Supreme Court Justice will hopefully rule today that it is time for Sean Goldman to be rightfully returned to his custodial and biological father, David Goldman. Shame on the step father and the maternal grandparents for not stepping up earlier and returning the child to his biological father!

See the link below for the comparison to the Elian Gonzalez case. Despite a political agenda by Cubans and Cuban-Americans as well as a media circus, it took the United States 7 months to send Elian Gonzalez back to Cuba to his custodial parent. In the Sean Goldman case, it has been almost 6 years and over 16 months after Sean’s mother passed away, and the Brazilian Legal System has still not sent Sean Goldman back to the United States.

Sean Goldman and Elian Gonzalez

What’s Wrong with the Brazilian Family Court System, CBS and Joao Paulo Lins e Silva.

June 23, 2009

In the United States of America, Sean Goldman would have been assigned a guardian ad-litem attorney by now to preventing the following:

  • The Lins e Silva family in Brazil would not be able hire a private psychologist to ask young Sean Goldman who he wants to live with. The independent attorney would protect this child’s privacy.
  • The Guardian Ad Litem attorney would protect the legal custody rights of Sean Goldman and would have ensured more custody time with his biological father David Goldman.
  • The Guardian Ad Litem Attorney would have asked the family law court for a gag order to prevent the Lins e Silva family law attorney from representing to the media who the young child wants to live with. This attorney would also help to deter any parental alienation in this case.

That all said, on Tuesday, June 23, 2009, the CBS Early Show will interview young Sean Goldman. As most of us in the Family Abduction community will probably agree, this is wrong. The CBS reporter is not a trained psychologist or child psychiatrist and past research has shown that it is possible to ask leading questions to young children and get almost any answer.  In my  humble opinion, shame on you CBS. As newsworth as this case is, it is very wrong to interview the child, especially since he doesn’t have an attorney looking after his rights.

I am still waiting for the Lins e Silva family to parent up and do the right thing in this case. They should voluntarily agree to transfer custody to David Goldman in a peaceful manner, in the best interests of this child. This would help to open the door to a future relationship for them with the child. It seems to me that they want their relationship with the child to be an all or nothing proposition. If the can’t have sole primary custody, then they don’t want custody at all. That doesn’t show love for the child but it shows selfishness and narcissism.

Finally, I’m really glad David Goldman didn’t sprint for the U.S. Embassy or the airport once he received unsupervised visitation. It’s almost as if the Braizilian Courts were tempting him to try to re-kidnap or snatch back the child. Although I wouldn’t blame him if he did, he is doing the right thing and I’m sure he hopes to soon bring his son back to America where he rightfully belongs.

As I’ve said before, once that occurs, the challenge for him will be to help de-escalate and de-fine the Lins e Silva’s familiy’s future relationship with his son. Again, in my humble opinion, that isn’t going to be easy. If it were me, I’d allow Joao Paulo Lins e Silva with armed supervised visitation in the United States only. If that were so, I wonder if with all his proclaimed love for the child and the obvious pride he has, would he take it?