NEW YORK, June 23, 2009
Stepfamily: Sean Wants To Stay In Brazil
Assert Former N.J. Boy, 9, At Center Of International Custody Dispute, Loves Them, Doesn't Want To Live With Father In U.S.
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Harry Smith, far left, with Sean Goldman's maternal grandmother, Silvana Bianchi, his stepfather, Joao Paulo Silva, and the Brazilian family's attorney, Sergio Tostes, on The Early Show Tuesday (CBS)
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Sean Goldman, now 9, when he was 8. (Family Photo)
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Sean Goldman was taken in 2004 by his mother, Bruna Bianchi, for what was portrayed as a vacation to her native Brazil. They never returned. She later filed for divorce, married a Rio de Janeiro lawyer and died last year giving birth to a daughter. Sean is now living with his mother's new husband, Joao Paulo Silva, who wants to retain custody.
Sean's father, David Goldman, who lives in Tinton Falls, N.J., has been waging a heated battle, seeking custody of Sean under the Hague Convention on international child abductions.
It's a dramatic fight that's reached the highest levels of the Brazilian legal system and United States diplomacy.
But on The Early Show, Silvana Bianchi, Sean's maternal grandmother, told co-anchor Harry Smith there was deep trouble in the Goldman marriage before her daughter left New Jersey. Goldman has described the marriage as a good one.
Bianchi and Silva said Sean loves his stepfamily and feel safe and secure with them, and wants to continue living with them. Silva said he loves Sean as much as he does his biological daughter, and Bianchi said Goldman is welcome to visit Sean as frequently as he wants. Goldman has been accusing the stepfamily of blocking such efforts.
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- The situation is a tragic one. Yes, Bruna made a mistake, but she was distraught (no excuse - but don't judge - no one has been in her shoes). What everyone seemingly fails to realize is that if Bruna had divorced Goldman in the U.S. as she should have, she would have obtained custody over Sean (who was but three years old) and could have easily moved to Brazil with Sean, LEGALLY. True, that's not what she did, but that's what would have happen. Now, Sean is a BRAZILIAN, whether it was done in a proper way or not. His best interest is not to deny him the only family he knows and has left after his Mom dies. Goldman should respect that Sean's emotional health/well being and live in Brazil until Sean feels the same comfort and security toward Goldman. Then, let Sean decide. Goldman is fighting the wrong way and he will lose his son if continues. He should have been a part of Sean's life from the first day Bruna moved back to Brazil, whether legally or not. Goldman was provided that opportunity, but he decided to fight it instead (bad legal advice if you ask me). Goldman's best bet now is to respect the most recent ruling getting custody, but keeping Sean in Brazil so Sean does not lose the family he has left, especially after just losing his Mom. Come on folks, stop with the national pride and border disputes. This is about a child that just lost his Mom and the only family he knows, trusts and loves is in Brazil, not N.J. Sean appears very healthy, healthy and happy IN BRAZIL. So, Goldman has some time to make up in Brazil (Rio), which is really not that great a sacrifice for gaining back the son he lost, while simultaneously not harming Sean's emotional development and personal growth. SEAN HAS BEEN THROUGH ENOUGH. AND GOLDMAN DESERVES CUSTODY OF SEAN. Goldman just suck it up and move to Brazil for a while and bond with your son, instead of just trying to rip him away from the only family he knows.
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- Mr. Smith,
If The Morning Show has any integrity, it will actually take a look at the facts and correct the gross misrepresentations that Mr. Smith's interviewed allowed. Had Smith done his homework, he'd have discovered:
1) The claim that Sean "wants to stay in Brazil:" Judge Pinto stated very clearly in his ruling on June 1st that Sean is a victim of parental alienation syndrome. Had Smith been prepared, he'd have caught the lie and challenged it.
2) The claim that there was no second kidnapping: Please. Brazil has a statute that clearly states that when a parent dies, custody automatically passes to the surviving parent -- not the step-parent, but the surviving parent. Joao Paulo Lins e Silva's unlawful retention of Sean after his mother died is a second kidnapping.
3) Tostes' claim that the issues have already been decided by the courts and cannot be relitigated is a gross mis-statement of the law in Brazil. The doctrine of "res judicata" doesn't apply when the parties are not identical. It's not Bruna vs David anymore. It's Lins e Silva vs David Goldman.
4) Lins e Silva's claim that Dean should stay in Brazil because it's what he knows . . . because Sean has become adapted to his environment in Brazil is a position devoid of legal basis, as Judge Pinto clearly stated in his June 1st ruling. Judge Pinto said that Sean was adapted to his life with his mother, but that wasn't the same thing as being adapted to his life in Brazil.
Judge Pinto said that, in fact, Lins e Silva will not be allowed to use the defense that Sean is "adapted to Brazil" and he cannot claim that Sean's "habitual residence" was Brazil at the time of the second abduction (wrongful detention). Upon the death of his mother, the right to custody of Sean as a matter of law -- Brazilian law, no less -- passed to his biological surviving parent, David Goldman. Since Goldman filed his second petition for return under the Hague Convention only 35 days after Bruna's death, the defense of adaptation to the new environment won't be accepted. To quote Judge Pinto:
"In other words, and thinking in theory, it is not reasonable - indeed, it reaches the level of surrealism - to admit that a given person, devoid of familial power upon the minor - a third party -, objects to the delivery of the child to the father or the mother, or both, under the basis that the child is integrated into their new environment.
"To admit this possibility means to open dangerous gaps capable of constituting real absurdities. And the absurd, as is well known, cannot find refuge in the Judiciary."
Judge Pinto then gave an example . . . theater of the absurd . . . a stranger kidnaps child, raises child as his own, gets married, now the child has a "father" and a "mother" . . . and later "siblings." Can anyone reasonably believe that the law would reward the kidnapper by refusing to return the child to his lawful parents (who have tracked him down) on the claim that the child is "adapted to Brazil?"
"Of course not!" (Judge Pinto's exclamation mark)
I invite Smith to read a brief summary of Judge Pinto's 85 page opinion (which, among other useful documents, Smith obviously did not review prior to granting this sensational TV oppotunity to the Brazilian family). He can read it here. http://tinyurl.com/lsfa8k
Then I ask that Mr. Smith do the right thing: admit that his soft lobs and his sympathetic stance was wrong and admit that he should have done his homework.
Jeanne M Hannah
Family Lawyer, Traverse City, Michigan
http://parental-kidnapping.com/
http://traversecityfamilylaw.com/ - Reply to this comment
- They did kidnapped Sean. Bruna's mother probably told Bruna she was unhappy in her marriage just to keep Bruna and Sean in Brazil.
All three of them should have been held against their will, until Sean was returned to his father and brought back to NJ.
And how can CBS be so nice to them. - Reply to this comment
- In fairness, I did my research on this case as well, they neglected to mention that they did find the boy and when they did find him (with her):
"Most troubling of all, however, were the statements from doctors included in the criminal complaint filed by prosecutors earlier this week. "Upon the statement of Dr. Angela Bier at Children's Hospital that [the boy Jesse] suffers severely from failure to thrive, is considered short and underweight for his age, is diagnosed with osteopenia (lack of density in the bones), which is likely rickets caused by a dietary deficiency, and fractures to the right tibia and fibula, and a fracture to the left ulna." Another doctor explained that the fractures appear old and had never been treated."
Full article here from Time: http://www.time.com/time/nation/article/0,8599,1846551,00.html - Reply to this comment
- the april griffin case all comes down to her own actions caused what has happened to her....so april please take your rubbish elsewhere
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- http://www.nowpublic.com/culture/april-griffin-tasered-beaten-child-taken-away-and-abused
AND ANOTHER ONE - Reply to this comment
- http://www.helpfindthemissing.org/forum/showthread.php?t=4414
HERE IS THE WEBSITE - Reply to this comment
- So april do you care to come clean about april and jesse griffin. it is april's faul that she is in jail and it appears that she should stay there. She is the one that has "kidnapped" her son from his biological father. Anyone care to say I am wrong. go to google search and type in april and jesse griffin in wisconsin and it is all there in black and white. Court transcripts and all. She was single and on welfare and signed for the state to determine paternity. Then she decided to question the father in court instead of a lawyer doing it it. And now she is hiding her son from the father and the courts. That folks is why she is in jail because she is not abiding by court orders. Now april, what else is she hiding. And folks, it was not jesse that was beaten by the police. It was her sisters baby that was mistaken for jesse but was never harmed. April get your facts straight before you spew lies.
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- It was good to hear the other side of the story which brought some balance to the issue. I thought Harry was very reticent and did not probe well and did not make use of the face to face interview. These folks need not have flown in, such was the quality of the questions. It would be diffcult to separate the child from his Brazilian family, nevertheless he belongs with his father and should be returned to the U.S. Kudos to working women everywhere who wear many hats, juggling work and family! Irrespective of the breakdown in the relationship, she had no right to deprive the father of his child.
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- this is so awful to let them on our news when they are already in control of the news in brazil, how can this happen here, they must have paid alot of money to do this. it is considered kidnapping here and internationally just because their high courts decided it wasn't doesn't mean a thing. just proves how messed up their judicial system is. the only family Sean has is his Dad, his grandmother has conspired to kidnap him and should be arrested here. his stepfather should be arrested for aiding and continuing this offence.
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- CBS should be ashamed for giving the abductors an international venue to spread their lies and amateur attempt to distort the realuty of the situation. I know your ratings are at rock bottom, but no excuse.
Sean was illegally taken to Brazil, and his father was deprived the ability to be with his son for the last 5 years. Yes, the grandmother loves him, but let her spend thousands of dollars per month to fly to NJ and spend time with Sean. A 9 year old does not have the maturity level to make these decisions, especially under the constant manipulation and pressure he is constantly under in Brazil.
Where were the tough questions? I am disgusted. - Reply to this comment
- ALL children deserve protection, love and the right to be raised in a good environment. How dare you suggest that I am racist? You know NOTHING about me. This is the last that I will acknowledge you. You are looking for a fight and I will not give you the pleasure.
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- You and I both KNOW that the majority of comments posted are of the white-Caucasian race, and I have a RIGHT to speak on the injustices, if it is not about race, tell me are you as upset with what is going on with the baby name Jesse, and your answer, if it is based off of another person's comments, makes you racist-because that Black baby deserves protection as well-please, spare me, you and I both know the facts are this is unjust.
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- How can you call this a 'cause'? Free April is only stating equal protection. Some of you, make me ashame of being White. A cause, is that the proper term for an African American life? You can not base your decision to help a child and a rape victim on another person's freedom of expression, nor can you base the rights of Sean Goldman , base on popular vote, its politically incorrect.
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- Who said anyone is White? You don't know if I (or any of us) are White, Black, Asian, Arab or otherwise. And when did race come into this? What else are we supposed to call it? The Goldman case is a CAUSE, the plight of internationally abducted children is a CAUSE, REGARDLESS of race or nationality. The definition of CAUSE in the dictionary is: A basis for an action or response; a reason. How is this then NOT a cause? Take your racist fight elsewhere. We are not interested in it. That is not why we are here.
- How can you call this a 'cause'? Free April is only stating equal protection. Some of you, make me ashame of being White. A cause, is that the proper term for an African American life? You can not base your decision to help a child and a rape victim on another person's freedom of expression, nor can you base the rights of Sean Goldman , base on popular vote, its politically incorrect.
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- This was a pathetic attempt to shift the focus away from the real issue. I think we are all too smart for that. I was not impressed with the interview nor their answers. I don't think it created any sympathy for their side or shifted any support to them.
FreeAprilGriffn - If you want support for your cause, this is not the way to do it. You are not garnering any supporters here with your venomous spewing rants. A change of tone would help your cause far more than the mess you write here. - Reply to this comment
- FreeApril-Honey. That was a producer who put that comment with no name. I am White. All White people are not the same. I sympathize for Jesse. Its sad that a number of people do not care what he or his mother is going through. Can I give you a dose of reality? You are not wanted here, nor your cause. Its not me, that does not want you here -its these brainwashed so called patriotic. Yes, there should be equality, but its not. Sean should come home and be with his family, and so should Jesse, shame on anyone who thinks otherwise. I hope you continue your efforts to help April and Jesse, God will make a way. My husband is an African American, so i know the plight of the Black struggles, at times I wish i could take a magic wand and make it all better-alot of people on her LIKE being racist, your not going to change these people, they are stuck in their ways. I also think that was bad journalism, not for them not to research what has happened to Jesse, I have and it is disgusting what the police and the Ugandan man did, he tried to kill Jesse while April was pregnant, I researched it, and NOT on line, I followed the links and watched the video with the medical papers and other legal documents,honey it will be okay.
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- Just like it was said, if it comes out of the white man's mouth, you cant believe it-April Griffin son is on video tape very well taken care of, white cops who broke her son bones-yes bones broken by the devil himself, have to lie on her to justify what they have done-David Goldman deserves everything he is getting, you AmeriKKKans have raped and robbed the Black woman of her children for hundreds of years and still are doing it- the best thing for Sean is to be separated from any and all this blood relatives for the rest of his natural life, I pray in Jesus name he does not come back to America, as long as Jesse and April experience injustice I hope God continues to curse David Goldman, the injustice people like him and everyone that supports rapist, robbers and thieves.
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- And this ******** Harry Smith asked Tostes, "do you think this case should fall under the Hague Convention?" Tostes just skirts around it talking out of his ass and Harry just listens like an idiot.
CBS, you people officially suck. - Reply to this comment
- My god, who is this assclown that did the interview? He was talking to them like someone died right there on stage.
How can an interviewer be so incompetent. He asked the ******* grandmother, "do you think David should be allowed to visit with Sean and bring him back to the USA." He let her just NOT answer the question as she said, "Sean wants to be with us in Brazil."
What a joke of an interview. - Reply to this comment
