Goldman child custody case
Encyclopedia
The Goldman child abduction case refers to the international child abduction
of Sean Goldman and the international petition for his repatriation by his father, David Goldman, over the objections of the family of his mother, Bruna Bianchi, and her widow
er, João Paulo Lins e Silva.
.
Sean Goldman was born in the year 2000 in the United States
, to an American father and Brazilian mother. In 2004, at four years old, Sean went to Brazil
with his mother for a 2-week vacation. However, his mother refused to return to the United States. The father David Goldman vowed to have his son back and lawsuits and counter-lawsuits ensued both in the United States and in Brazil.
Bruna Bianchi eventually filed for, and was granted, a divorce
by a Brazilian court. She then married Brazilian lawyer João Paulo Lins e Silva in 2007, and subsequently died while giving birth to their child in 2008. After Bruna's death, the Brazilian husband obtained a custody order for the child from the Brazilian courts by failing to inform them of Bruna's death and requesting a new Brazilian birth certificate be issued that listed himself as the father under the Brazilian concept of socio-affective paternity, on the basis of which, he refused to return the boy to David Goldman, Sean's father.
Based on a decision of Brazil's Supreme Court, Sean was handed over to his father on December 24, 2009. As of January, 2010, his Brazilian family was hoping to regain custody. Sean's grandmother Silvana Bianchi has vowed to continue the battle through the Brazilian courts.
New Jersey courts have denied visitation rights for both grandparents months before the grandfather's death.
and American
officials.
US Congress introduced H.R. 2702, legislation to suspend Brazil's Generalized System of Preferences
trading benefit. The case was also discussed on the US House of Representatives floor with a statement from Congressman Chris Smith (Republican, New Jersey), a staunch supporter of David Goldman, a New Jersey resident; U.S. Secretary of State Hillary Clinton
treated the case as a diplomatic issue of Brazil's obligations under the Hague Convention.
International child abduction
The term international child abduction is generally synonymous with international parental kidnapping, child snatching, and child stealing. However, the more precise legal usage of international child abduction originates in private international law and refers to the illegal removal of children...
of Sean Goldman and the international petition for his repatriation by his father, David Goldman, over the objections of the family of his mother, Bruna Bianchi, and her widow
Widow
A widow is a woman whose spouse has died, while a widower is a man whose spouse has died. The state of having lost one's spouse to death is termed widowhood or occasionally viduity. The adjective form is widowed...
er, João Paulo Lins e Silva.
The child abduction case
The child abduction case evolved around application of Hague Convention on the Civil Aspects of International Child AbductionHague Convention on the Civil Aspects of International Child Abduction
The Hague Convention on the Civil Aspects of International Child Abduction, or Hague Abduction Convention is a multilateral treaty developed by the Hague Conference on Private International Law that provides an expeditious method to return a child internationally abducted from one member nation to...
.
Sean Goldman was born in the year 2000 in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, to an American father and Brazilian mother. In 2004, at four years old, Sean went to Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
with his mother for a 2-week vacation. However, his mother refused to return to the United States. The father David Goldman vowed to have his son back and lawsuits and counter-lawsuits ensued both in the United States and in Brazil.
Bruna Bianchi eventually filed for, and was granted, a divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
by a Brazilian court. She then married Brazilian lawyer João Paulo Lins e Silva in 2007, and subsequently died while giving birth to their child in 2008. After Bruna's death, the Brazilian husband obtained a custody order for the child from the Brazilian courts by failing to inform them of Bruna's death and requesting a new Brazilian birth certificate be issued that listed himself as the father under the Brazilian concept of socio-affective paternity, on the basis of which, he refused to return the boy to David Goldman, Sean's father.
Based on a decision of Brazil's Supreme Court, Sean was handed over to his father on December 24, 2009. As of January, 2010, his Brazilian family was hoping to regain custody. Sean's grandmother Silvana Bianchi has vowed to continue the battle through the Brazilian courts.
New Jersey courts have denied visitation rights for both grandparents months before the grandfather's death.
International ramifications
The case was focus of international media coverage. It was also subject of deliberations during meetings of high level BrazilianBrazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
and American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
officials.
US Congress introduced H.R. 2702, legislation to suspend Brazil's Generalized System of Preferences
Generalized System of Preferences
The Generalized System of Preferences, or GSP, is a formal system of exemption from the more general rules of the World Trade Organization ,...
trading benefit. The case was also discussed on the US House of Representatives floor with a statement from Congressman Chris Smith (Republican, New Jersey), a staunch supporter of David Goldman, a New Jersey resident; U.S. Secretary of State Hillary Clinton
Hillary Rodham Clinton
Hillary Diane Rodham Clinton is the 67th United States Secretary of State, serving in the administration of President Barack Obama. She was a United States Senator for New York from 2001 to 2009. As the wife of the 42nd President of the United States, Bill Clinton, she was the First Lady of the...
treated the case as a diplomatic issue of Brazil's obligations under the Hague Convention.
Case in the popular media
- On 30 January 2009, NBCNBCThe National Broadcasting Company is an American commercial broadcasting television network and former radio network headquartered in the GE Building in New York City's Rockefeller Center with additional major offices near Los Angeles and in Chicago...
's news program Dateline NBCDateline NBCDateline NBC, or Dateline, is a U.S. weekly television newsmagazine broadcast by NBC. It previously was NBC's flagship news magazine, but now focuses on true crime stories. It airs Friday at 9 p.m. EST and after football season on Sunday at 7 p.m. EST.-History:Dateline is historically notable for...
broadcast a lengthy piece entitled "Fighting for Sean" on the case and an interview by program's Meredith VieiraMeredith VieiraMeredith Louise Vieira is an American journalist, television personality, and game show host. She is best known for her roles as the original moderator of the ABC talk program The View and co-host of the long-running NBC News morning news program, Today...
with David Goldman, the child's father. - The Dateline piece caught the attention of Congressman Chris Smith (R-New Jersey) who contacted the father and offered help. He wrote a major article in The Washington TimesThe Washington TimesThe Washington Times is a daily broadsheet newspaper published in Washington, D.C., the capital of the United States. It was founded in 1982 by Unification Church founder Sun Myung Moon, and until 2010 was owned by News World Communications, an international media conglomerate associated with the...
on 19 June 2009 entitled "Will Brazil Do The Right Thing". - Goldman was interviewed on many media outlets including in Today a few times, on Dr PhilDr. Phil (TV series)Dr. Phil is a reality/talk television show hosted by Phil McGraw. After McGraw's success with his segments on The Oprah Winfrey Show, Dr. Phil debuted on September 16, 2002...
show on 1 December 2008, on CNNCNNCable News Network is a U.S. cable news channel founded in 1980 by Ted Turner. Upon its launch, CNN was the first channel to provide 24-hour television news coverage, and the first all-news television channel in the United States...
's Larry King LiveLarry King LiveLarry King Live is an American talk show hosted by Larry King on CNN from 1985 to 2010. It was CNN's most watched and longest-running program, with over one million viewers nightly....
on 4 March 2009, on CTVCTV television networkCTV Television Network is a Canadian English language television network and is owned by Bell Media. It is Canada's largest privately-owned network, and has consistently placed as Canada's top-rated network in total viewers and in key demographics since 2002, after several years trailing the rival...
's Canada AMCanada AMCanada AM is a Canadian breakfast television news show, which has aired on the CTV Television Network since 1972. It is currently hosted by Beverly Thomson and Seamus O'Regan, with Marci Ien reporting from the headline news desk and Jeff Hutcheson presenting the weather forecast and sports...
and on Fox News ChannelFox News ChannelFox News Channel , often called Fox News, is a cable and satellite television news channel owned by the Fox Entertainment Group, a subsidiary of News Corporation...
's On the Record - There were public comments on the case by US Secretary of State Hillary Clinton on 4 March 2009 on NBC's Today show and by Brazilian President LulaLuiz Inácio Lula da SilvaLuiz Inácio Lula da Silva , known popularly as Lula, served as the 35th President of Brazil from 2003 to 2010.A founding member of the Workers' Party , he ran for President three times unsuccessfully, first in the 1989 election. Lula achieved victory in the 2002 election, and was inaugurated as...
on CNN on 23 March 2009. - On 15 July 2009, David Goldman testified in front of a Congress committee about child abductions. On 16 July 2009, NBC's Today broadcast a one-hour interview with him.
- NBC paid for a charter flight for David Goldman and 9-year-old Sean back to the U.S. NBC News Jeff RossenJeff RossenJeff Rossen is an American television journalist who is currently employed by NBC News. He joined the network in September 2008. Rossen contributes to all NBC News programs and platforms, including "NBC Nightly News with Brian Williams," and "TODAY." Rossen also fills in at the anchor desk for...
was on board the plane. The Society of Professional JournalistsSociety of Professional JournalistsThe Society of Professional Journalists , formerly known as Sigma Delta Chi, is one of the oldest organizations representing journalists in the United States. It was established in April 1909 at DePauw University, and its charter was designed by William Meharry Glenn. The ten founding members of...
condemned NBC NewsNBC NewsNBC News is the news division of American television network NBC. It first started broadcasting in February 21, 1940. NBC Nightly News has aired from Studio 3B, located on floors 3 of the NBC Studios is the headquarters of the GE Building forms the centerpiece of 30th Rockefeller Center it is...
for practicing "checkbook journalism" by chartering a jet that carried David and Sean Goldman home from Brazil. - On 8 January 2010, Dateline NBC broadcast a special on the case upon the successful return of the child to his father. The 2-hour special presented by Meredith Viera was entitled "Bringing Sean Home: The Untold Story". Parts of the exclusive interview and shots of the father-son reunion were broadcast on NBC's Today on 28 December 2009. Parts of this special were aired in BrazilBrazilBrazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
by Rede RecordRede RecordRede Record de Televisão is a Brazilian television network, founded in 1953 by Paulo Machado de Carvalho, also founder of Rádio Record. Currently it is owned by businessman Edir Macedo, founder and bishop of the Universal Church of the Kingdom of God. Since 2007 it is Brazil's second largest...
newsmagazine Domingo Espetacular presented by Paulo Henrique AmorimPaulo Henrique AmorimPaulo Henrique dos Santos Amorim is a Brazilian blogger and journalist.- Biography :Paulo Henrique Amorim is Sociologist and Political scientist who has worked for big names of the Brazilian mass media, as Manchete Network, Grupo Abril, Jornal do Brasil, Globo Network, Bandeirantes Network and TV...
, on 17 January 2010. - The season 20 episode of Law & OrderLaw & OrderLaw & Order is an American police procedural and legal drama television series, created by Dick Wolf and part of the Law & Order franchise. It aired on NBC, and in syndication on various cable networks. Law & Order premiered on September 13, 1990, and completed its 20th and final season on May 24,...
entitled BrazilBrazil (Law & Order)"Brazil" is the eighteenth episode of the twentieth season of NBC's long-running legal drama Law & Order.-Plot:An environmental scientist, Dr. Oscar Silva , is poisoned during a global warming symposium, Detectives Lupo and Bernard initially suspect blackmail or payback from competitors from...
was inspired by the custody case.
See also
- International child abduction in BrazilInternational child abduction in BrazilInternational child abduction in Brazil comprises cases in which the removal of a child by one of the joint holders of custody or non-custodial or contested parents to Brazil in contravention of other laws of other countries and/or the desires of other custody claimaints...
- International child abduction in the United StatesInternational child abduction in the United StatesAs a result of its high level of immigration and emigration and its status as common source and destination for a large amount of international travel the United States has more incoming and outgoing international child abductions per year than any other country...