UPDATES IN MICHIGAN FAMILY LAW

Dramatic increase in domestic parental kidnappings

A recent FBI report, "Domestic Custodial-Motivated Child Abductions," reveals astounding statistics about the increase in parental abductions. Here, abduction is defined as "a wrongful retention" or a "wrongful taking" of a child or children to defeat the parental rights of the other parent. Perhaps the increase may be at least partly explained by the increase in intercultural marriage and family mobility in tough economic times.

An analysis of FBI child-abduction investigations in the past 3 fiscal years (FY) indicates that custodial-motivated abductions have increased from 9 percent in FY 2010 to 50 percent in FY 2012. The children were from their custodial parents without permission by the noncustodial parents to retaliate against their ex-companions. In some cases, the perpetrators threatened to harm the children to convince the custodial parents to maintain the relationship, rather than proceed with a divorce or custody court proceeding.

The timely response of law enforcement increases the chance of recovery of the children. Rarely, the parent willingly returns the child. According to the report, children are recovered more readily if the abductions are reported quickly. 

Read more from the FBI about parental abductions here: https://tinyurl.com/yafebzhq 

Other posts related to parental abductions and abduction prevention may be read here: https://tinyurl.com/ndte5y

Parenting Time in a Non-Hague Convention Country? Possible or Not?

May a custodial parent, over the objection of the co-parent, exercise parenting time in a country that is not a party to the Hague Convention on the Civil Aspects of International Child Abduction? Parent A says:  "I am the custodial parent. I should be able to take my children to visit my parents in Jamaica (for example) without my co-parent's permission because I have custody and he/she only has parenting time." Parent B says:  "Michigan law prohibits a parent from exercising parenting time in a non-Hague Convention country if I do not agree. And I don't agree because all of the custodial parent's relatives live in the non-Hague Convention country and I am fearful that if they travel there, the children will never be returned."

And, indeed, this is what the Michigan statute says:

International Child Abduction | 20/20 Report - Mother Abducts Two Boys

In a gripping report, NBC's 20/20 documents the abduction of two American children from the US to Slovakia. The children were born in American during the mother's marriages to two different men. One of the fathers successfully used social media to help get information about the location of the children. They were finally found in France after a woman who'd seen a post on Facebook emailed from half the world away.

 

You can view the Dateline show online here:

For addition resources about international parental abduction, see the following:

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.

Revisions to UCCJEA and Uniform Deployed Parents Custody and Visitation Act Proposed

Thanks to Ron Nelson, Esq. of Lenexa, Kansas for this information. Ron is well-known as an expert in the UCCJEA as well as a terrific family lawyer. Significant changes are proposed by the Uniform Laws Commission. The Annual Meeting Drafts of proposed updated/new uniform laws are now online at: http://t.co/fLEI4WZ4

Included are the Revisions to the Uniform Child Custody Jurisdiction and Enforcement Act for Implementation of the Hague Convention on Protection of Children (Jurisdiction), which is up for its "first read" and on the Uniform Deployed Parents Custody and Visitation Act, which is up for final consideration.

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?"

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.

 

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. 

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:

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.

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 [email protected] 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 called the Goldman case 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."]

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.

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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.

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.

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

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.

Hague Convention | Return refused | Undertakings issue

The U.S. Court of Appeals for the Sixth Circuit  issued a ruling regarding the Hague Convention on the Civil Aspects of International Child Abduction international child abduction petition. Simcox v. Simcox, 499 F. Supp. 2d 946, 950-52 (N.D. Ohio 2007). The decision discusses the role that undertakings should play in rulings that concern the defense against return of the child or children to the left-behind parent. Undertakings generally are safeguards to protect the children from being exposed to, for example, domestic violence or abuse after return.

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.] 

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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.

June 2009 Update on David and Sean Goldman

The Today Show - June 25, 2009

David Goldman who has been trying to recover his son from Brazil for over five years, appeared with his lawyer Patricia Apy on the Today Show today with Meredith Viera. It was a powerful interview and a fitting exclusive rebuttal of the highly objectionable CBS Morning Show interview with Sean's stepfather and maternal grandmother earlier this week. You'll find this interview below.

Happily, Viera is willing to do her homework, unlike the coverage earlier this week on CBS' The Morning Show. It was obvious that no one at CBS has a clue about the real issues here. Must be that sensationalizing a story means more to CBS than getting a hard news story right.

June 1, 2009 decision: Brazilian Judge Rafael Pinto ruled that Sean should be returned to the U.S. immediately

A firm opinion was issued by Judge Rafael Pinto on June 1st in Rio de Janeiro stating that Sean has  been the victim of parental alienation and that he should be placed in the custody of his father immediately to avoid more harm to Sean. The transition was to take place in the United States. Unfortunately, Joao Paulo Lins e Silva appealed almost immediately, and a stay was granted.

On June 8th, Judge Pinto decided that since Sean wasn't cleared to leave Brazil, it was appropriate to have the reunification of father and son take place in Brazil. Given the fact that Joao Paulo Lins e Silva, Sean's stepfather has gone to great lengths to interfere with and/or simply prevent (in violation of a court order) positive parenting time between David and Sean, reunification in Brazil is less than ideal, as David and Patricia Apy told Viera.

Several new reports about David & Sean Goldman

June 16th ruling on reunification:  This Order by Judge Pinto placed Sean in the custody of his father from 9 AM Monday until 8 PM Saturday - in Brazil for a "transitional period." Judge Pinto, finding signs of parental alienation syndrome that "there is no doubt that the minor needs to have contact with his father as soon as possible." Sean is to spend 9: PM Saturday on Saturday until 9 AM on Monday with the stepfather. This arrangement will continue until all pending appeals are decided. You may read the Order here.

According to the Latin American Herald Tribune, the  Brazil federal court in Rio de Janeiro has authorized Sean's father, David Goldman, to live in Brazil with Sean while it reaches a definitive  verdict in the custody battle with the boy’s Brazilian stepfather. This decision in favor of David Goldman holds that pending a final verdict in the case, nine-year-old Sean, will stay 6 days a week with his father and 1 day per week with his stepfather. Sean was abducted to Brazil by his mother in 2004. She died in child-birth last fall and Sean has lived with his step-father since then. 

Meanwhile, read more details in The Moderate Voice about this startling development in the tragic battle by an American father to regain custody of his son who was kidnapped to Brazil five years ago.  That report says that while the order for reunification of Sean with his father pending final resolution is commendable, it seems ridiculous that David Goldman can only “have custody” of his son for six days a week, from Monday 9 AM until Saturday 8 PM, and…in Brazil.

Hague Convention Article 13(2) | Objections of child to return

ABC News reports today on the Sean Goldman case. Sean is 9 1/2 years old. A transcript was released by the Brazilian family's lawyers on Wednesday. In the transcript, Sean Goldman tells a psychologist that if he is sent back to New Jersey to be with his father David Goldman he will "break down totally." At several points in the interview he says, "I want to stay here in Brazil." You may read a translated version of the interview here.

How might Sean's objections impact the case?

Initially, I thought that these objections were a last-minute effort to fit this case into Article 13(2) of the Hague Convention. Article 13(2) allows a court to take into consideration the objections of the child to a return to the left-behind parent. Typically, it is the maturity of the child, the reasonableness of the child's objections, and whether the child's objections appear to be coerced or influenced that sway the deciding court.

However, after reading the lengthy translation of the ruling from Judge Pinto in Brazil, I see that a psychological evaluation was ordered by the court and that Sean's step-father has raised every possible defense against return. I urge you to read the lengthy ruling, which shows how hard David Goldman's attorneys have worked to bring Sean home. [Patricia Apy in New Jersey is Goldman's American lawyer and he has another lawyer in Brazil as well.] The ruling also makes clear the perfidy of the Brazilian stepfather and the lengths to which he has gone to prevent the return of this child. Every possible defense has been raised under the Convention. Each exception is stretched to absurd lengths. You can read the June 1st ruling on http://bringseanhome.org.

The Sean Goldman case takes a turn for the worse

A June 17, 2009 Op-ed piece in the Wall Street Journal accuses Brazil of helping to kidnap American children. Former assistant secretary of state for Inter-American Affairs (1989-93) Bernard Aronson wrote in “Brazil helps kidnap American children”: “In the coming weeks, Brazil will define itself to the United States and to the wider international community by how it treats a 9-year-old boy.”

On September 24, 2008, I blogged about Sean Goldman, who was born and raised in Red Bank, N.J. Sean’s father, David Goldman, is an American father. His former wife was born in Brazil. Almost five years ago to the date, Sean’s mother flew to Brazil with him. She said it was a two-week vacation. Once there, however, she divorced David Goldman and re-married. Her new husband belongs to a powerful family of prominent Brazilian lawyers. Sean’s mother died tragically in childbirth one year ago, and her Brazilian family has used its powerful connections to prevent Sean's return to his biological father.

Preventing parental kidnapping

On the ABA Listserv, we've been discussing ways to build orders that help prevent  parental abductions.  This is very important when there is a possibility of abduction to a  foreign country, especially one that is non-compliant or has demonstrated patterns of non-compliance with the Hague Convention. Of the signatories to the Hague Convention, Honduras is identified as non-compliant in the April 2008 Report of the Department of State Office of Children's Issues Document: "Report on Compliance with Hague Convention on the Civil Aspects of International Parental Abduction Convention." The report identifies the following countries as "demonstrating patterns of non-compliance":  Brazil, Bulgaria, Chile, Ecuador, Germany, Greece, Mexico, Poland and Venezuela.

What are the risks of parental kidnapping & how can you prevent it?

 Given Michigan’s disastrous economy, families are increasingly mobile. The prospects of a parent removing children from Michigan in violation of a court order or in the absence of a court order have increased as a result. Parental kidnapping is a felony punishable by 1 year and 1 day in prison. However, because of the potential harm to children, it is important to focus on prevention.

On June 14, 2007, legislation was initiated in Michigan that would help parents seek court intervention to prevent parental kidnappings. House Bill No. 4925  [Last accessed on November 22, 2008]. The Model Act is called the Uniform Child Abduction Prevention Act. Unfortunately, that legislation has languished in Committee ever since.

Family law experts around the country have actively supported this uniform law. The question for Michigan parents and family lawyers is this: How can this Model Act help prevent and/or resolve parental abductions?