UPDATES IN MICHIGAN FAMILY LAW

Felony Kidnapping or Parental Kidnapping | "Natural Parent" Argument Shot Down

In People v Wambar, ____ Mich App ____ (Docket No 304116), released March 26, 2013, For Publication, Helmut Wambar helped La[Q]uanda Wambar, the child’s biological mother, abduct their child then age 6—withholding her from her legal guardian. They held the child until the police located them a few days later. The parental rights of both biological parents had been terminated earlier after an incident during which the young child ingested cocaine.

The mother pled guilty to attempted unlawful taking of a child, and did not appeal her conviction. Helmut plea bargained and in exchange for dismissal of several criminal-sexual-conduct and sexually-abusive-activity charges, he remained charged with kidnapping and with a custodial-interference charge. The latter was dismissed by the trial court. Helmut pled to the kidnapping charge, while preserving for appeal that he—as a “natural parent” of the child—could not be charge with kidnapping his own child. The Court of Appeals disagreed,  concluding that defendant did not fit within the definition of “natural parent” in MCL 750.350(2), that his conviction was proper, and that the trial court did not erroneously deprive him of a defense.

Prevent Departure | An Important Protection Against Parental Abduction

The Department of Homeland Security Prevent Departure Program was created to stop non-U.S. citizens from departing the country. This program may be an effective tool to stop an international parental abduction in progress.  It is important to note, however, that the program only applies to aliens. it is not available to stop U.S. citizens or dual U.S./foreign citizens from leaving the country. 

Parents should note that there is a strict protocol to follow in requesting entry of a child or children into the Prevent Departure Program.

Sean's Story | NBC Dateline | Meredith Viera Interviews Sean Goldman

Dateline NBC aired the most remarkable and incredibly moving hour long interview on Friday, April 27, 2012. Meredith Viera interviewed Sean Goldman--the center of a high-profile international abduction case that ended with Sean's return from Brazil with his father on Christmas Eve in 2009. I've read the studies about the harm that parental abduction can and does do to children. What could be more devastating to a child that being taken and then being told "Your Mom/Dad doesn't want you" or "Your Mom/Dad died" or, as in Sean's case: "This is your new father?"

Permission to Travel Letters | International Travel with Minor Children

Thinking about traveling during your child's next school vacation period across international borders? Be prepared. Not only will you need your child's passport, if you are traveling without your child's other legal parent, you'll need a Permission to Travel Letter.

A child departing from the United States and other countries, traveling with only one parent, a guardian, grandparents or other adults must have a written and notarized Permission to Travel Letter from both legal parents or legal guardians to enter many countries. In fact, if the child is on a cruise ship, the child will need such a letter to participate in shore excursions.

Minors traveling in groups:  Sometimes, minors under 18 leave the United States with school groups, teen tours, or friends on a vacation. Minors traveling with sports teams and academic study programs must have a similar Minor Consent to Travel form.

Bill to Help Bring U.S. Kids Home Approved by House Human Rights Panel

David Goldman and other left behind parents from around the country attended a congressional mark-up session on Tuesday, March 27th for H.R. 1940, a bill introduced by Congressman Chris Smith (NJ-04), chairman of the House congressional human rights subcommittee. The proposed legislation, now named the "Sean and David Goldman International Child Abduction, Prevention and Return Act," is designed to empower the U.S. State Department with more tools to achieve the return of children abducted from the U.S. and to enforce the Hague Convention on the Civil Aspects of International Child Abduction. Members of the House panel that oversees human rights approved the bill on Tuesday. The bill was lauded by panel members as a way to help bring thousands of American children, victims of international parental child abduction, home to the U.S.

Fact Sheet on Passports for Family Law Judges and Lawyers

While using the U.S. State Department website, I happened across this excellent fact sheet for family court judges and lawyers. It might also be a good resource for your clients.The factsheet addresses some known and many unknown ways in which passport issues can affect custody cases and also recovery issues for children who are now missing.

You may access it and print it here on the State Department website.

 

Parental Abduction | Another Resource for Left Behind Parents

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Thanks to Bob D'Amico, Administrator of the Bring Sean Home Foundations's website for this important piece of  information.

Prevention of Parental Abduction | Recognizing the Red Flags

Families are under so much stress in today's society--financial and relationship stress--that parental abduction of the children may become an issue in any given family. I have often been contacted in the past year by a parent who says his/her spouse has taken the children and moved to another state. I advise them of their rights under the UCCJEA, and of the importance of protecting home state jurisdiction by seeking return of the children to their home state before six months have elapsed, after which the new state may become the "home state" of the children where a custody battle would have to be waged. [A later post will discuss the concept of "extended home state jurisdiction."]

Abduction prevention and recovery of abducted children has become a major part of my practice. Because the effects of abduction on children can be very serious [See Part I of this series], it is important for parents to put preventative measures in place. The purpose of today's post is to provide parents with information to help them assess whether they should be concerned about parental abduction. 

Parental Abduction Part I | The Emotional and Social Cost

I've often heard people say, when told that the other parent ran off with the parties' child or children: "Oh well. At least the children are safe. How bad can it be if the child is with his mother (father)?" It's easy to generalize and think that just because it's a parent and not a stranger who took the child that the child is "safe."

For many years, I have been helping parents recover children abducted by the other parent. (In two cases, it was an aunt who took the child after the custodial parent had died and a grandmother who took the child after her son lost custody). I've come to realize that the fact that a parent is the abductor or "taking parent" [hereafter "TP"], does not mean that the child is unharmed.

Congressional Hearings on International Parental Abduction | Testimony of Parents

The Bring Sean Home Foundation released the text of David Goldman’s testimony at a Congressional hearing on international child abduction on May 24, 2011. In his opening remarks, Goldman addressed the harm done to Sean over the long years of wrongful retention. I thought you’d like to see these, as they address the concerns of Prof. Margaret Drew and others regarding what language we should use when talking about parental abduction (alientation or child abuse):

"For five and one half years, I walked in the shoes of the Left-Behind Parent. I lived in a world of despondency and desperation, with a searing pain throughout my entire being. Everywhere I turned I saw an image of my abducted child. Sleep was hard to come by and never restful. If I smiled, I felt guilt. When I saw children, whether it was in the store, a park, on television or even on my charter boat, where clients often take their families for a day on the water, it was more than painful. For the longest time it was too painful to be around my own family members. I couldn’t even be around my nieces and nephews. It was too painful. Where was my son? Where was my child? He had been abducted. He was being held illegally. He was being psychologically, emotionally and mentally abused. I needed to help him. I needed to save him. He needed me, his father."

Book Review: David Goldman's "A Father's Love . . ."

I finally decided that I had to speak out about how I really feel about this incredible book. My thoughts:

I've just finished reading David Goldman's recently released book about the successful return of his son, Sean, from Brazil--an effort that took nearly 5 1/2 years. Titled, "A Father's Love: One Man's Unrelenting Battle to Bring His Abducted Son Home," the memoir shares Goldman's heart-wrenching and inspiring story of his relentless and determined efforts to recover Sean after the child's abduction by his mother in 2004. I read this compelling story in one sitting. It was simply not a book I could lay down.

A Father's Love | David Goldman's Memoir | Parental Abduction

I've just finished reading David Goldman's recently released book about the  successful return of his son, Sean, from Brazil--an effort that took nearly 5 1/2 years. Titled, "A Father's Love: One Man's Unrelenting Battle to Bring His Abducted Son Home," the memoir shares Goldman's heart-wrenching and inspiring story of his relentless and determined efforts to recover Sean after the child's abduction by his mother in 2004.

David Goldman thought that he and his Brazilian wife, Bruna Bianchi, had a good marriage and her departure for Brazil in June 2004 was a planned vacation. Goldman, in fact, drove Bruna, Sean and Bruna's parents to the airport. Needless to say, Goldman was shocked when Bruna telephoned him only two days after she arrived in Brazil to say that she was not returning. She told him that he had to come to Brazil and sign over full custody of Sean to her if he ever wanted to see Sean again.

Goldman took swift legal action to attempt recovery of Sean. He obtained a court order in New Jersey giving him temporary custody and then filed an action under the Hague Convention on the Civil Aspects of Parental Abduction seeking Sean's return. In 2004, Brazil had 66 American children who had been kidnapped by a parent. Brazil, although a signatory to the Hague Convention since 2000, had never returned a child to the U.S.

Virginia enacts an International Child Abduction Law

Karl Hindle writes today to say that Virginia Governor McDonnell signed HB2361 into law last week. This bill was drafted by the VA legislature based on a summary of international child abduction points gleaned from a variety of sources encountered over the last 8 years. Karl says Virginia is the first state in the country to enact a state international child abduction law. The new law provides for the lawful seizure and forfeiture of the assets of abductors and their accomplices involved in the international abduction of children. This applies whether children are abducted out of the US or into the Commonwealth of Virginia.

First Children Return from Singapore under Hague Convention

There is a wrenching report on Karl Hindle's website today detailing the psychological damage done to children who are abducted by a parent and subjected to parental alienation. Karl has posted a message from Andrew Ko relating that he is finally flying his abducted twin sons home from Singapore. There is much to be grateful for--this is the first return of abducted children from Singapore, where the Hague Convention on International Parental Abduction came into force only March 1, 2011!

Andrew described his children and the leave-taking process that was very complicated and distressing. Andrew's children were only gone from their father for 18 months. Imagine the damage done to children who are missing for years.

David Goldman prevails in grandparenting time action

On February 17, 2011, Judge Michael Guadagno of the Superior Court of New Jersey Chancery Division – Family Part (Monmouth County) issued an opinion in the Goldman case in favor of David Goldman, denying the maternal grandparents the right of visitation. Patricia Apy of Red Bank, NJ is David Goldman's attorney. Here are some of the salient facts and highlights of the judge’s opinion:

Grandparents denied GP visitation in Goldman case

I haven't read the 44 page opinion yet, but am thrilled to learn that the grandparents of Sean Goldman have been denied a grandparenting time order. These are the reasons cited by the New Jersey court in dismissing their complaint for grandparenting time:

20-4-1043 Goldman v. Goldman, Chan. Div., Family Part (Monmouth Co.) (Guadagno, P.J.F.P.) (44 pp.) In this action filed by the maternal grandparents seeking visitation with their grandson pursuant to the NJ grandparent visitation statute, after they rejected the conditions set by the child's father for visitation, the court dismisses the complaint because:

(1) the grandparents' conduct in assisting their now deceased daughter to remove the child, a United States citizen, to her native Brazil and to keep him there, thus frustrating the father's parental rights, and in alleging that the father had abandoned the child, was outrageous;

 (2) their actions caused harm to the child;

 (3) their admittedly strong bond with the child was achieved as a result of the wrongful detention of the child and their continued illicit efforts after their daughter's death;

 (4) their expert's report recommending visitation displays little comprehension of the actual issues of the case and provides no reliable insight as to their appropriate resolution;

 (5) their continuing attempts to overturn the repatriation of the child;

 (6) their conduct when they have been allowed contact with the child has undermined the father-son relationship; and

(7) the conditions which the father placed on their visitation with the child were reasonable.

The court denies the father's motion to seal the record, finding that he has not presented sufficient justification for doing so.

I will post more about the decision once I've had an opportunity to review it.

All previous posts about the Sean Goldman abduction case may be read here:

I.R.S. withholds info that could help find kidnapped children

Imagine having your children kidnapped by their other parent. Imagine them missing for years. And then imagine finding a tiny bit of information that could lead to their recovery. You file a tax return, claiming the child as a dependent--and the I.R.S. disallows the exemption because someone else has claimed them as a dependent. Shouldn't the I.R.S. have to cough up information to help you find your children? The address where the refund was mailed? The contact information for the employer withholding wages? Well, as it turns out--"No"--says the I.R.S.. Why? Law protects the privacy rights of the other parent.

Servicemembers & International Parental Abduction | Part I

Servicemembers who marry foreign nationals while stationed overseas have been promised more advice about the child custody issues that can complicate dissolution of international marriages.

The Defense Department has promised more information about the family court systems in countries such as Japan and Germany, where servicemembers have become entangled in complicated court battles to see their children, according to a report issued by the Pentagon in August.

Parental kidnapping | Preventing international abduction

There are important resources available for parents who have complicated marital or post-divorce  situations to help them prevent international parental abductions, stop abductions in progress, locate children who have been abducted or who are wrongfully being retained in another country, bring an abductor to justice, recover children who have been abducted or are wrongfully retained in another country, and help them gain access to children being retained in another country. Needless to say, this will only work where the foreign country involved is not only a signatory to the Hague Convention but is also a country (not Brazil, not Japan, not Mexico, not Honduras, for example) that has a history of honoring the convention rather than trashing it.

Registering a "foreign" custody order for modification purposes

I am often asked whether a parent can modify a custody or parenting time order that has been made by a court in a state other than Michigan. As with most family law matters, the answer is "It depends upon the unique facts of your case."

The Uniform Child Custody Jurisdiction and Enforcement Act ["UCCJEA"] is a jurisdictional, procedural statute. Its purpose is to determine jurisdiction to make an initial child custody determination, to preserve exclusive continuing jurisdiction with respect to that custody determination, to determine whether a state has modification jurisdiction, and to provide for enforcement of custody orders.

Parental abduction: A victim speaks

Recently, I received an email from a woman who had been kidnapped by her father in 1961. She described the psychological damage and the destruction of the family structure that can be so damaging to a child who has been kidnapped by a parent. She invited me to share our conversation with my readers.

"Dear Ms. Hannah,
 
I'm not sure if you can answer my question or not, but your name came up in my Google search.  My father abducted me and my siblings in 1961 from our home state of Illinois to Mississippi, then to Louisiana, then back to Mississippi.  According to my mother, she divorced my father shortly after the abduction and was awarded sole custody (could this have occurred without my father's knowledge?).  Also, according to my mother, the judge told her if you can find them, they're yours.  My mother also said if she had found us and attempted to take us back from our father she was told he could have had her arrested for kidnapping in that state.  Were there any laws back then that could have helped my mother?  Just for the record and speaking as a now adult victim of a parental kidnapping, I am of the opinion that parental kidnapping is a crime against a child, whether it's 2010 or 1961.  Thank you for your time.  Carolyn"

Kidnapped boy home with his father

Finally, little Ricky Chekevdia, the child in Illinois whose mother kidnapped him and hid him in a secret room that was 12 feet long, five feet wide and three feet high to prevent his father from finding him and exercising parenting time with him, is going to live with his father on a permanent basis. I first wrote about that story here: "Parental kidnappping: An effective response."   

Mike Chekevdia was awarded temporary custody of his seven year old son, Ricky this week, according to reports on WSILTV. (02/21/10). 

David Goldman | Great spokesman for left-behind parents

In the spirit of the families of Adam Walsh and Polly Klass, David Goldman steps beyond the recovery of his son Sean, kidnapped by his mother to Brazil and recovered more than five years later.

David Goldman is today continuing his heroic efforts on behalf of left-behind parents whose children have been kidnapped to foreign countries. Today he spoke out on Canadian television on behalf a another child kidnapped to Brazil--a country that, while a signatory to the Hague Convention, seems determined to thwart the basic legal premises of the Convention.

Here's a link to a terrific interview of David Goldman on a Canadian television station advocating for a left-behind parent from Canada in his efforts to recover his child.

http://watch.ctv.ca/news/clip261805#clip261805

Foreign travel with minor children | What documents are required?

We've had recent discussions on the ABA Family Law Listserv about how best
to guarantee that there are no glitches when a parent is traveling abroad with minor children and the other parent is not also traveling. The New York Times has published a helpful article discussing the issues and good suggestions for ensuring travel that doesn't involve border stops. The article, Practical Traveler: Stroller, Diapers, Paperwork may be read here.

Spring Break is fast arriving. Parents traveling to Mexico are usually required to present a notarized document from the other parent that will state with fair precision the knowledge of the trip, the expected departure and return dates, etc. An affidavit for parents to use that will facilitate border crossings can be found here.

You'll find many other valuable resources on my website http://parental-kidnapping.com. If your child is missing, please contact me to see if I can assist you or your attorney in recovery. I've consulted in many interstate parental kidnappings -- 7 in the past 12 months alone -- and can walk your attorney through the process even if Michigan is not one of the states involved. You can email me jeannemhannah@charter.net or call me at 231-223-7864 or 231-649-2140.

Shocking back story | Goldman abduction linked to 1969 Abduction

I'm not easily shocked by anything. But a whole new light has been shed on how power and corruption in Brazil led to Sean Goldman's 5+ years retention in Brazil when, under the Hague Convention, he should have been returned within 6 weeks of his abduction. It wasn't just the wealth of Bruna Goldman's family. It wasn't just the major family law firm and expertise of Joao Paulo Lins e Silva. It was also about political intrigue and connections.

I was shocked to read the details, apparently first published on the BringSeanHome site in February 2009. A post from them is now revisited in an intriguing discussion on the Forum. You may read it here: http://bringseanhome.org/forum/showthread.php?t=2685

While you are on the site, please also take 5 minutes to access the user-friendly page where you can support pending legislation intended to give the US tools to combat international child abduction, Here is a direct link. http://bringseanhome.org/forum/showthread.php?t=327

David & Sean Goldman abduction case | Dateline | Background

Dear Readers,

NBC DATELINE: January 8, 2009:   I am sure that many of you saw the Dateline program on the Goldman parental abduction case. I am told that there were 11 million viewers! Here is an excellent summary of the program. http://tinyurl.com/y9bqczp

The segment where Sean calls David "Dad" will make your heart melt! I know that there are legions of folks who were overwhelmed to see David Goldman's determination to recover his son and know he is equally determined to ensure Sean's safety and well-being.

ADDITIONAL MATERIAL:    Video material that was left on the cutting floor when this moving 2-hour program was assembled can be accessed here:

http://www.msnbc.msn.com/id/3032600/

ANOTHER SHOWING:    In case you missed it, I am told that the show will be aired again today, Sunday, January 10th at 7 PM EST on TLC

BRING SEAN HOME FOUNDATION:    See http://bringseanhome.org for more information on how you may help other left-behind parents (LBPs). There are about 50 cases involving about 65 children still in Brazil There are many other tragic cases involving children abducted and and held in other countries. See http://bringseanhome.org to see how you can help! It is particularly important that you write, call, camp out on the lawn of your representatives in Congress. [Note: The best currency might be in your time and energy helping the foundation and/or contacting your representatives.

GOLDMAN ARCHIVES:    The complete archives (so far) on the Goldman discussion on this Blog can be accessed below:

CBS vs NBC and the New York Times on the Goldman case

CBS has taken a wrong-headed stance on the Goldman case from the beginning, insisting upon calling it a "custody" battle when, in fact, this is a case about kidnapping. [In his June 2009 decision ordering the immediate return of Sean Goldman to the United States, Brazilian Judge Pinto called the wrongful retention of Sean Goldman by Lins e Silva, Sean's stepfather, a "second kidnapping."

Then CBS invited Sean's grandmother, Silvana Bianchi, and Lins e Silva to give their views on The Morning Show. Of course their claim was that Sean wanted to stay in Brazil and that he should be allowed to tell the court his wishes. [They did not tell CBS that one of the family members is an expert in parental alienation.] The outrageous performance of CBS and "the family" inspired me to get up on my constitutional highhorse.

On the morning of December 24th, the world watched Sean being brought to the US Consulate on foot, being pushed and shoved through hordes of paparazzi.  According to the New York Times, "[t]he family had no immediate comment on American charges that they rebuffed offers for a more discreet encounter."

NBC coverage of Sean Goldman return to his father, David Goldman

NBC's initial reports today about the Brazilian family bringing Sean Goldman to his father, David Goldman, show Sean Goldman paraded through the streets of Rio de Janerio through hordes of pushing and shoving people, including paparazzi. This despicable conduct occurred without regard to Sean's well-being and despite offers from the US consulate to have Sean brought to a private back entrance to avoid any distress for him. What a cruelty the supposedly loving grandmother and stepfather showed to Sean.

Visit msnbc.com for breaking news, world news, and news about the economy

Visit msnbc.com for breaking news, world news, and news about the economy

Apparently a television helicopter followed the Goldmans when they left the consulate for the airport. David and Sean Goldman left Brazil almost immediately after the turnover. Forbes Magazine coverage of Sean and David Goldman's arrival back in the U.S. is here.

Goldman case | Brazilian family says it will not file more appeals

I received an alert at about 12:15 PM today that CNN reports that the Brazilian relatives of 9-year-old Sean Goldman, will not file any further appeals. Sean has been the subject of an international abduction case. [Note CNN still calls this a "custody battle"]. Yesterday, Chief Justice Gilmar Mendes of the Brazilian Supreme Court ruled against the grandmother and Sean's stepfather, Paulo Lins e Silva. He ordered the return of Sean to his American father David Goldman.

Sergio Tostes, attorney for Sean's grandmother Silvana Bianchi, said that the family is "just looking for a peaceful handover of Sean Goldman to his father and that they plan to start discussion about a transfer immediately, but that Sean would not be transferred today. I wonder why they have not scheduled the exchange to occur at the American Embassy soon. Send Sean now. All he needs is a toothbrush. [In fact, send him without a toothbrush.] Tostes says that he sees no reason to rush, despite the fact that Sean was to be released to David Goldman within 48 hours of the decision that was rendered on December 16th, one week ago.

The CNN report is here.

Lins e Silva lectures on parental alienation "syndrome"

David Goldman and his supporters, as well as many commentators have expressed concerns that the Brazilian family has exercised enormous mind control over Sean Goldman and that the parental alienation he's experienced will create some difficulties for him in adjusting to life back in the United States. To get an idea of just how capable, how ruthless the Lins e Silva family might be in using parental alienation in this case, watch this 10-minute segment of a lecture delivered by Joao Paulo Lins e Silva, a lawyer specializing in family law in Rio de Janeiro. Lins e Silva delivered this lecture at a conference at The Hague. Then imagine him tutoring Bruna Goldman and her Brazilian mother in the techniques of parental alienation.

Brazil S. Ct. judge rules in David Goldman's favor

At about 6 PM EST today [December 22, 2009]  Brazil's top judge ruled 9-year-old Sean Goldman must be returned to his father, American citizen David Goldman of New Jersey. Most news sources, including major sources such as NBC and CNN still characterize this abduction case as a custody battle. Rep. Chris Smith from New Jersey, speaking to CNN by telephone, corrected the commentator, stating clearly, as Goldman had done yesterday, that this is not a custody case. "This is an abduction case." Earlier a ruling by Brazilian Judge Pinto had characterized the wrongful retention of Sean Goldman by Lins e Silva (the stepfather) and Goldman's former in-laws as a "second abduction." [Pinto's decision and summary]

Supreme Court Chief Justice Gilmar Mendes has reviewed the case. A decision expected yesterday was finally forthcoming today. The details are not yet clear, but what is clear is that the ruling was in David Goldman's favor. Scrolling text on the CNN site said that Sean's grandmother and stepfather plan to appeal yet again.

More details will be posted here as they are available.

News Flash | Brazil top court to rule today!

Reuters reported three hours ago that a spokeswoman at the Supreme Court stated that president of the Brazilian Supreme Federal Court (STF) is expected to decide the case on today, despite the court being in a holiday recess.

Brazzil Magazine reports Mendes is expected to rule on two writs of mandamus filed last Friday, one by the Attorney General of the Union (AGU) and the other by attorneys for David Goldman.
Both filings ask the highest court that the child be turned over immediately to his American father.

Mendes is on duty during this Christmas judicial recess, thus, according to a spokeperson, it is his duty to review both of the mandamus, The AGU has warned that continuing to keep Sean in Brazil is a violation of international commitments that can generate penalties against Brazil.

Wait a second: About 5 PM, The AP reports that the decision will not come until tomorrow.

Sean Goldman kidnapping | Let's "Thinklogically"

December 18, 2000: Today someone posted a comment on this Blog as "Thinklogically": He/she (A/K/A "Anonymous") said that Sean's kidnapping was not an "abduction". "Thinklogically" stated the facts incorrectly. "Thinklogically" slanted the "factoids" to the point of view of the current kidnapper, Lins e Silva, Sean's Brazilian stepfather. Next, "Thinklogically" opined that it could not possibly be in a child's best interest to go live in a country he doesn't remember, with a father he's seen twice (oh, forget those first four years he lived with David Goldman before the mother kidnapped Sean). "Thinklogically" also says it would be wrong to ask Sean to leave his home, his sister, and "the only family" he knows. "Thinklogically" said, "People so often forget the perspective of the child while fighting so hard to establish an adult person's "rights" to that child."

Well, OK. Those who want a child . . . those unable to have a child . . . under the logic of "Thinklogically", can just go down to the local supermarket, pluck an infant out of a shopping cart, hide the infant for years and then . . . when the biological parent shows up to recover the child, say: "Oh too bad, so sad, the child doesn't know you and has spent so many years in the care of us (the kidnappers)  . . . and we've been brainwashing the child to say he/she wants to stay here with us . . . and, well, the (young) child should be allowed to tell the court where he/she wants to stay." Or, "it would be too harmful for this child to be returned because we're (I'm) the only parent he knows."

Of course, Thinklogically" makes no mention of the fact that David Goldman parented Sean for four years, has been seeking the child since the kidnapping, has taken all of the proper legal steps, has been forced to spend more money than most people could possibly commit . . . simply to recover that child who has so wrongfully been removed from him and is now so criminally kept from him.

Goldman case | Another terrible setback

At 3:33 PM today, the Associated Press reported that Brazil's Supreme Court has delayed the return of Sean Goldman to his father. Unfortunately, David Goldman had already flown to Brazil in hopes of recovering his son, who has been missing from the United States since 2004.

Today's ruling by Justice Marco Aurelio Mello suspended yesterday's judgment by a lower court ordering that David Goldman be given custody of his son, Sean. Thus, Sean will remain in Brazil until the court decides whether his own testimony should be heard in the case. Unfortunately, the court is about to go into recess and nothing will happen until sometime in February.

A very informative timeline has been furnished by MSNBC. You can see it here. The AP report is here. The Reuters report from the NY Times is here.

Brazzil report | Sean Goldman's grandmother files petition

Elma Lia Nascimento reports in Brazzil Magazine a few minutes ago that the Brazil Court has ruled that Sean Goldman should be taken to the U.S. consulate in Rio de Janeiro and should be returned to David Goldman, his biological father, a citizen and resident of the United States within 48 hours.

Nascimento also reports that in the meantime, Brazil's Supreme Court (STF) is reviewing a preventive habeas corpus filed by Sean's grandmother, Silvana Bianchi, who is asking for an injunction to prevent the boy's departure from Brazil without him being heard directly by the first instance judge.

According to the STF, she wants the court to hear the boy's testimony so he will be able to say if he really wishes to leave the country with his biological father or would rather stay in Brazil with his Brazilian family, the step-father, maternal grandparents and little sister. See MSNBC News here

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Good news for David Goldman | Kudos to Patricia Apy

ALERT! Ten minutes ago, Patricia Apy let ABA Family Law Section members know that "the Brazilian Appellate Court just issued a 3-0 decision ordering the return of Sean Goldman, (Apy's client David Goldman's young son), to the United States." Apy says the return order specifies the surrender of Sean Goldman at the U.S. Consulate in Rio. More details forthcoming as they are available.

David, Tricia Apy (David's attorney in New Jersey), Ricardo Zamariola, Esq. (David's attorney in Brazil), and David's avid and hard-working support group at http://bringseanhome.org . . . WAY TO GO!

 

Update on Sean Goldman case | Decision expected tomorrow

CBS News reports that a decision is expected tomorrow in Brazil in the Goldman Case. Goldman's United States attorney, Patricia Apy, says that David Goldman will not be in Brazil expecting to reclaim his son and take him home in light of the possibility of more appeals by Lins de Silva. De Silva, a family law attorney well versed in the Hague Convention, is Sean Goldman's stepfather. An earlier Brazlian court decision said that de Silva's retention of Sean Goldman in Brazil amounted to a second kidnapping.

Goldman, Apy reports, does not want to put Sean in the middle. You may read reports on this recent development in the Goldman case here:

CBS NEWS

Transworld News

David Goldman, other Left-behind Parents Testify in Congress

Testimony offered at the Tom Lantos Human Rights Commission in a hearing on International Child Abduction has been published on the web site of Chris Smith. According to Smith's reports:

Washington, Dec 2 - The heartbreaking stories of left-behind parents whose children are held in other countries were laid out before the Tom Lantos Human Rights Commission (TLHRC) at a hearing on international child abduction and parental access that also included judicial and legal experts, the head of the Center for Missing and Exploited Children and other witnesses.

Court holds that hiding of abducted child is parental neglect

You may recall that in early September 2009 I wrote about the recovery of a child who had been abducted by his mother after the father was awarded custody by the trial court. Immediately after that court decision, the mother took the child and, with her mother’s help, hid him for nearly two years. The earlier post and details of the case are found here on the post “Parental Kidnapping | Effective response”. http://tinyurl.com/yjth6j7

An Illinois court has now decided that the mother’s hiding of her son for nearly two years in his grandmother's home, often in a crawl space behind a wall (in a space that was roughly 5 feet by 12 feet and about the height of a washing machine), amounted to neglect. The judge’s ruling, according to an AP report, was based partly on her agreement with a counselor's belief that the seclusion left the boy, now 7, with post-traumatic stress disorder. The judge’s ruling clears the way for a possible decision at a Jan. 8 hearing on custody or visitation arrangements for the boy, who now is in the temporary custody of a relative. The father, Michael Chekevdia, 48, is seeking custody.’
You may read the entire AP report here. http://tinyurl.com/yjv28kh

You'll find many other valuable resources on my website http://parental-kidnapping.com. If your child is missing, please contact me to see if I can assist you or your attorney in recovery. I've consulted in many interstate parental kidnappings -- 7 in the past 12 months alone -- and can walk your attorney through the process even if Michigan is not one of the states involved. You can email me jeannemhannah@charter.net or call me at 231-223-7864 or 231-649-2140.

Text of David Goldman's testimony

As previously reported on this blog, David Goldman testified on December 2, 2009
before the Tom Lantos  Human Rights Commission at the U.S. House of Representatives. Goldman's moving introductory remarks and testimony may be read here. http://tinyurl.com/y94erlm 

David Goldman also appeared on the Today Show on December 4th.

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To learn what you can do to help David Goldman and the parents of another 65 children who are wrongfully detained in Brazil, visit http://bringseanhome.org.

David Goldman - Testimony and television appearances

Bob D'Amico of BringSeanHome.org sent this reminder today:

David Goldman will be will be testifying before the Tom Lantos Human Rights Commission in the House of Representatives on Wednesday December 2nd.

David will also be making three television appearances on Wednesday - The Today Show on NBC at 7:00 in the morning, CNN Wolf Blitzer in the afternoon and CNN Larry King Live in the evening.

David Goldman and Left Behind Parents to Testify

The Bring Sean Home Foundation sent an important message to The International Campaign, demanding that kidnapped minor Sean Goldman be returned to his father. Goldman and other parents need Americans to contact their representatives in Congress with a message about the importance of their support. What follows is the press release from the Foundation, which contains information about how to support David Goldman and other similarly left behind parents:

Goldman and other left behind parents will address the Tom Lantos Human Rights Commission in the U.S. House of Representatives, Longworth House Office Buiding, 1310 on Wednesday, December 2nd, Washington D.C.

David Goldman to testify in Washington

The Associated Press reports today that David Goldman of Tinton Falls, New Jersey will testify on December 2nd before a congressional human rights panel in Washington. David is the father of Sean Goldman, who was kidnapped by his mother more than 5 years ago. Even though Sean's mother died more than a year ago, her family continues to put up barriers that prevent reunification of father and son. Under the Hague Convention on the Civil Aspects of International Child Abduction, Brazil is obligated to return Sean to his father's custody.

A detailed report published today can be read in The Daily Record here.

David & Sean Goldman | A father left behind

The case of David Goldman and his son, Sean has captured my heart. Sean's mother took the beautiful 4-year-old child you see with his father on the left to Brazil in 2004. She almost immediately filed for divorce. Sean's father, David Goldman of New Jersey, has been trying to see, touch, hold and care for his son ever since. After her divorce, Sean's mother married a Brazilian lawyer. She died in child birth well over a year ago. Sean remains in Brazil with his stepfather.

A powerful report was published today in the Asbury Park Press, a New Jersey newspaper, decrying the inaction and/or inability of United States officials in helping to get Sean returned to his father. You can read it here.

Kidnapped child returned from China

Wonderful news today! Little Lenora Karolys has been returned from China. In January, her father suggested that his wife join him in China with their daughter, then 2 1/2. Once they were there, Rodrigo Karolys allegedly kidnapped the child and left his wife, Olivia stranded in China without money. She returned to the State to look for help. The fact that Olivia was an illegal immigrant in the U.S. was one of the biggest hurdles. 

Parental kidnapping | Effective response

According to an Associated Press story posted on September 5, 2009, Richard   "Ricky" Chekevdia, who will be 7 on Sept. 14, was in good spirits and healthy after being found Friday by investigators who searched a two-story rural home in Illinois owned by his grandmother. Ricky had been missing for nearly two years. This child was found in a secret room in the grandmother’s house, a room roughly 5 feet by 12 feet and about the height of a washing machine.

The boy's mother, 30-year-old Shannon Wilfong, has been charged with felony child abduction. The grandmother, 51-year-old Diane Dobbs, has been charged with aiding and abetting. Both remained jailed Saturday on, Wilfong held on a $42,500 bond and Dobbs held on $1,000 bond. [Note: AP Photo from the Chekevdia family]

International child abduction | "Habitual residence"

Hofit and Avraham were both born in Israel. As a child, Avraham moved the the United States with his mother and stepfather, but he did not attain citizenship. While in Israel for a vacation, Avraham was conscripted into the Israeli army. While serving, he met Hofit and they subsequently married. One child O,  now four years old, relocated to the US from their native Israel because of Avraham's work. Prior to moving from Israel, the couple terminated their lease and disposed of all of their personal property other than what they took with them to the U.S. They moved in with Avraham's parents in Dayton, Ohio in April 2007.

The couple's relationship deteriorated and Hofit requested to return to Israel. Even though Avraham refused to allow O to go with her, Hofit returned to Israel. Once there, she instituted divorce proceedings. She filed a petition with the Israeli Central Authority for the return of O under the provisions of the Hague Abduction Convention. The parties conceded both were exercising custodial rights over O on the date Hofit flew back to Israel. Hofit contended because she was not permitted to take the child with her, O was "wrongfully retained" by his father in Ohio and should be "returned" to her custody in Israel.

Sean Goldman can not testify in Brazil about his preference

Apparently another battle has been won by David Goldman. Sean Goldman's maternal grandmother had filed a petition asking that the Brazilian court allow Sean to testify about where he wishes to live. Goldman's attorney, Patricia Apy, argued that 9-year-old Sean is too young to testify about his preference. 

According to a story in the July 31, 2009 Asbury story:

"Patricia Apy, Goldman's lawyer in New Jersey, has been arguing for months that the boy is in a fragile state and that because of his age and maturity level he should not be asked where he wants to live.

"She said a provision of the Hague Convention on Child Abductions that governs how nations should handle these international cases and allows children's input, is aimed at teenagers.

" 'It's not to deal with (a) 7-, 8-, 9-year-old child,' Apy said. 'Children of that age are not in a position to say.' "

See "More Hope for Goldman," Asbury Park Press [Last accessed July 31, 2009.] 

It is important to read the clarification written following this Blog submission, which may be accessed here. http://tinyurl.com/lozkag

David and Sean Goldman - CBS coverage

Since the above article was written, yet another order issued in Brazil. This one said that Sean must remain with his stepfather pending resolution of the court case. CBS then aired a controversial interview on The Morning Show with Sean's Brazilian stepfather and grandmother.

Up on my constitutional high horse, I then fired off this email to CBS News executives:

"CBS News needs to do its homework. The article "Boy must stay in Brazil for now, judge says" is as deficient in factual basis as was the soft, overly sympathetic interview of Joao Paulo Lins e Silva and Sean's grandmother on The Morning Show last week. Moreover, it shows a myopic lack of attention to the rule of law.

"The Sean Goldman case is -- plain and simple -- a case about kidnapping. This time it is not a parental kidnapping. Rather, it is a second kidnapping (wrongful detention) of Sean Goldman in Brazil by his stepfather Joao Paulo Lins e Silva. Still, Brazil shirks its duty to return Sean immediately, as Judge Pinto ordered on June 1st.

"Brazil became a Hague Convention signatory on 12/01/2003. Since then over 65 children have been abducted by parents to Brazil and not one has been returned. Brazil's own civil code says that when one parent dies, the other surviving parent (the legal, biological parent) by rule of law is automatically to have custody. Yet, when Sean's mother died, he was not returned to his biological father who has been seeking his custody since 2004.

"Sean's stepfather is himself a Hague Convention lawyer, as is his father. Therefore, every possible defense under the Hague Convention has been raised in the latest proceedings in Brazil. This is a kind of "throw everything against the wall and see if anything will stick" approach. The Brazilian federal court judge, Rafael Pinto, shot all of these defenses (and others equally ludicrous) down. Only the extraordinary and competent advocacy of David Goldman's lawyer, Patricia Apy of Red Bank, New Jersey could have led Judge Pinto to his insightful and competent decisions. Those decisions swept away any serious consideration of the "defenses" raised by Lins e Silva.

"If CBS is too busy to read the 65 page June 1st decision by Judge Pinto holding that Sean should "immediately" be returned to the U.S. and to the custody of David Goldman and Judge Pinto's subsequent June 8th decision describing the parental alienation to which Sean is subjected in Brazil, then I suggest that at the very least CBS might read my summaries. I trust that Patricia Apy will correct me if I have in any way failed to accurately state what Judge Pinto stated -- both as findings of fact and conclusions of law. Contact her if you have any questions. For any news agency to offer up commentary and news stories that ignore the factual details of this case and the rule of law is irresponsible. For a major U.S. news agency such as CBS to do so is incomprehensible. The term "yellow journalism" comes to mind.

David Goldman | Back to square one?

The Associated Press announced today that a federal judge in Brazil overturned Judge Rafael Pinto's June 8th decision that Sean Goldman's biological father, U.S. citizen David Goldman, should have custody of his son six days a week whenever Goldman is in Brazil. The new ruling is that Sean must remain with Joao Paulo Lins e Silva, his Brazilian stepfather, until a federal court reaches a final decision on Sean's permanent custody.

Judge Pinto had ruled on June 1st that Sean was to be returned to the United States immediately. Incredibly, that decision was suspended by a Brazilian Supreme Court justice after a petition was filed by a political party. The argument was that removing Sean from his current family environment would cause him harm. How in the world can a political party have any standing to raise an argument in a court case involving individuals?  Judge Pinto was angered by the stay in the proceedings and then issued his June 8th decision.