David Goldman Update: Sean Goldman To Stay In Brazil

by Yuliya Talmazan | December 17, 2009 at 03:33 pm

10887 views | 5 Recommendations | 79 comments

David Goldman, the father of Sean Goldman - a nine-year-old boy who was kidnapped by his mother and smuggled into Brazil, has been denied his custody rights once again. Yesterday, the Brazilian court ruled that David Goldman get the custody rights over his son Sean Goldman and be reunited with his son in 48 hours. But today, that decision was retracted to the dismay of Goldman who arrived in Brazil to take his son back to the United States.

The decision to halt Sean Goldman's return was prompted by the court's desire to hear the boy's own testimony. That means Sean Goldman will have to stay in Brazil until February 1, when the court session resumes. For now, David Goldman will have to return to his native New Jersey without his son. It was alleged earlier by Sean Goldman's maternal grandmother that the boy wanted to remain in Brazil.

In 2004, Goldman's wife Bruna Bianchi kidnapped their son who was four at the time. She than divorced from Goldman and remarried in Brazil. Last year, Bianchi died while giving birth. The custody of Sean was given to his step father Joao Paulo Lins e Silva. Ever since, David Goldman was trying to regain the custody of his son.

0 See all footage | View Slideshow

Share: email story | add to any | | facebook | stumbleupon

recommend Sign In or Join to post comments

Matt Yoyo (not verified)

at 16:08 on December 17th, 2009

F*** this. I can't even believe what this father has gone through.

gaga oliveira (not verified)

at 18:07 on December 17th, 2009

The only chance David Goldman has to get his son back, is to take him, and smuggle him out of the country. In brasil you can delay a case for up to 10 years or more.

Evie (not verified)

at 12:27 on December 22nd, 2009

email the Brazilian ambassador in Washington ambassador@brasilemb.org express your outrage!!!! I did

Evie G (not verified)

at 12:26 on December 22nd, 2009

email the Brazilian ambassador in Washington ambassador@brasilemb.org

Charlene Cleghorn (not verified)

at 16:09 on December 17th, 2009

I am so angry and hurt that once again David Goldman has been denied his son Sean. I am planning to write and e-mail the White House and Hilary Clinton about this matter. I will continue to hold David and Sean in my prayers. Charlene Cleghorn

Evie G (not verified)

at 12:24 on December 22nd, 2009

email the Brazilian ambassador in Washington ambassador@brasilemb.org

nbellote (not verified)

at 17:13 on December 17th, 2009

I'm so sick of it. I'm Brazilian and I'm so ashamed of my countries justice department. It's ridiculous that this family wants to keep father and son apart.I just hope the Brazilian Federal justice, puts an end on this and let Sean be with his dad.

Evie G (not verified)

at 12:29 on December 22nd, 2009

express your outrage to the Brazilian ambassador in Washington ambassador@brasilemb.org

Bridget (not verified)

at 17:18 on December 17th, 2009

Once again I am infuriated by the turn of events in this case. It is preposterous to think that the desires of the boy's maternal grandmother, one of his abductors, are being given any weight whatsoever. She should be treated as the criminal that she is. This is such a travesty of justice. When are we going to stop travel to Brazil? If all Americans would curtail any plans to travel to Brazil, Sean Goldman would be returned to US soil. I have no doubts about that. I find it hard to believe that the US Government cannot put its foot down and let this boy come home to spend Christmas and the rest of his life with the father. Certainly the boy must at this point be torn because any child would be under the circumstances and if the court is to rely on the testimony of a 9-year old who has spent the last 5 years with someone other than his family, he will certainly feel attached and loyal to them. However, that is entirely beside the point, which is that this boy was KIDNAPPED and should have been returned immediately to the US after Bruna made her intentions known once she got to Brazil. It brings me to tears every time I read or hear about this story. My Christmas Wish is that David Goldman gets to have his son back sooner rather than later.

Elaine Benes (not verified)

at 18:10 on December 17th, 2009

This is outrageous that David Goldman once again has to return to the states without his son Sean. This has gone on way too long & this young boy should have been returned to his dad long ago. Lets stand behind David Goldman & help get his son back, now.

blesdmom (not verified)

at 19:11 on December 17th, 2009

How is it possible that the IOC could have voted to send the olympics to Brazil?? This case is outrageous, but even more tragic is that there are dozens more cases that don't get nearly the coverage!! Speak up and out for all the children being torn from their attached relationships and kept far from a parent who loves them, and whom they love. I am so sad for all that David has had to endure, but so thankful that he has had the strength, support, means and fortitude to keep up the fight, and bring public attention to this horrible tragedy!!! Clearly the monsters who do this to children care far more about their personal agendas than they do about do about the kids. (No matter what claims they are making) Check out this link www.childtrauma.org/images/ns3.gif to see a brain scan that shows the effect trauma can have on a neglected child, children can experience the same trama by having their primary relationships severed.

L Williams (not verified)

at 19:38 on December 17th, 2009

This just goes to show again how corrupt the government is. This has gone on way too long. Sean should have been home with his father the minute he was abducted. AND is ridiculous that Sean has been there even after his mother passed. IF there was some kind of abuse is the ONLY reason I can see why David shouldn't have his son but this has never been an issue. OUR government should have gone after SEAN. Isn't this an INTERNATIONAL kidnapping??? We need to see our government stepping in (should have a long time ago). SEAN needs to be with his father. Unfortunately, there is no telling what the other family has told or done to Sean (Of course Sean is going to say whatever the other family wants now). Just goes to show what money and who you know (or something else) can do.... Let's bring Sean home NOW....

David p (not verified)

at 16:10 on December 18th, 2009

Really? You need to ask? The International Olympic Committee is not about sports or even human rights; it’s about awarding finances and making money for themselves. Remember to 'use your Visa card' and thereby turn your back on human rights as you support the IOC's motivation.

L.williams (not verified)

at 19:15 on December 17th, 2009

This just shows what corruption and money can do. This has not been right from the start. Sean should have been brought home with this first happened. So much for our government taking care of it's own people...

mrmws (not verified)

at 04:40 on December 18th, 2009

I'm american and I lived in Brasil for 4 years and I can tell you that the US government does nothing to help its own in Brasil. I now live in the US with my 2 and 1/2 year old son who is dual citizen of brasil and the U.S. Yesterday, his brasilian mother was denied a visa by the U.S. consulate in Rio de Janiero to travel to the US to visit him for christmas. She doesn't want to live here, she has another son and family there and her an I are not together, but the consulate officer either under the direction of the Hillary's U.S. State Department or under the personal direction of U.S. Consul General Dennis W. Hearne in Rio de Janiero was only interested denying her acces to the U.S. as quickly as possible without any review of or regard for the information she brought with her documenting her ties to Brasil or the fact that she came to the US last year and returned promptly when her visa expired. Where children are involved, the US government should be more considerate of its policies and diligent in its process to insure that the rights and best interest of the child are being served. Unfortunately they are not. They have failed my son and they have failed Sean Goldman as well.

Mike C (not verified)

at 07:08 on December 18th, 2009

Sorry for you and your wife but the US governement in you case is doing the right thing as it appears your childs mother is not solvent enough to earn a US Visa. As liberal as Dept of State is in issuing a visa this lady must not be able to prover her intention to return to Brasil ahouls she travel to the US. Hey, why don't you let her have her son in Brasil for the Christmas; afraid he might not return.

Mike C (not verified)

at 07:24 on December 18th, 2009

She returned when her visa expired or her admission expired. Since US visas are for as little as months to as much as 10 years, you are not painting a complete picture since the time of validity for a US visitors visa (and many US types of US visas) has little to do with the amount of time one is permitted to remain in the US on an "admission". If she stayed until her admission expired, on a B2 visa that might have been about 6-months; I would deny the visa as well. What was she doing away from her family in Brasil for 6-months? Polishing your knob and working without permit? Good work DOS you got one right. Now your son can spend the next five years visiting his mon in Brazil and you can stop crying about you lady not getting a visa and start crying that your child is not returning to you in the US.

blesdmom (not verified)

at 08:58 on December 18th, 2009

I think it is very unfortunate that your sons mother is being treated this way, however, I think that the US government needs to bit a bit more diligent about Brazilian parents traveling to the US because of the PARTICIPATION OF THE BRAZILIAN GOVERNMENT IN PROTECTING KIDNAPPERS!!!! I will be the first to start righting about the rights of your child, and others like him, once the Brazilian government starts ensuring that all children's rights will be protected!!! (Sadly, until then, it is hard to support the risk of what has happened to Sean and dozens of others, happening to even more children.) I hope for your son that his mother's future requests are supported, and in the meanwhile you can his mother can find a way to work together to perhaps meet somewhere for them to share some time together. Fortunately there are possibilities available for your son to still see his mom, Sean has not only been continuously been denied that possibility, but the government has protected his kidnappers and allow them to cause a world of confusion for a little boy who clearly had a close bond with his father, that they have now severed, such a tragedy for both Sean and his dad!!! I am hoping that more Brazilian citizens will speak out and put more pressure on their government, there are many good people in Brazil fighting a good fight for this little boy, but as evidenced by recent events, more pressure is needed!!!

carmen smith (not verified)

at 19:18 on December 17th, 2009

I think there's ALWAYS two sides to every story. My understanding is that while alive, Bruna and David fought on the allegations of kidnapping, David lost - under the Hague convention. Then Bruna dies, Sean inherited A LOT of money, properties, etc. David starts a campaign to bring his son home... Where is home? Who is his family? How much was David involved, how many trips had he made to Brazil from 2004 until Bruna's death? How many phone calls? Did David ever attempted to move to Brazil to stay closer to Sean?The only person I feel sorry for is Sean, he's life is a tragedy. Give Sean back to David, separate him from his little sister and all the family that he knows. I hope the courts are able to freeze his inheritance until he is legally capable of expressing his own wishes and deciding where home is, who his family really is. Sean needs to have a voice in all of this. Let's make sure that his money has nothing to do with David's motivation. Give Sean a chance to live in the US with David and choose for himself in a few years.

DeniLord (not verified)

at 19:58 on December 17th, 2009

Carmen, Your post speaks of your ignorance if the case! Please go to Bring Sean Home.org to become informed on the facts before you express your opinion.

Sarah Toler (not verified)

at 20:13 on December 17th, 2009

You can't be serious Carmen.....is this the first time you have read about this story????? So would you be okay with your spouse taking your child to another country and never seeing him or her again???? You must not be a parent!

John Hartgrove (not verified)

at 21:25 on December 17th, 2009

Are you kidding?

Bridget (not verified)

at 00:42 on December 18th, 2009

Taking such a strong position as you have is offensive not only to David Goldman, but to all of those who express an opinion based on some knowledge of the facts, which you have not considered. Allegations of Kidnapping? It is not an allegation. It is a fact that under the Hague, the taking of Sean Goldman is legally considered an international kidnapping, which has been perpetrated by the grandparents and the husband of Bruna in Brazil, along with his family and those in the Brazilian courts that have catered to him. You need to do some homework and read what happened from Day #1 on this case, which is entirely different that your ridiculous account of what materialized in this case. There is/was no reason for David to move to Brazil and in fact, he was precluded from doing so when the mother of his child took (KIDNAPPED) his son, as he would have lost his rights that he would retain staying in the US under the Hague Convention, which contrary to your comments has been violated and has been the basis for the many rulings in favor of David Goldman. FYI . . . my understanding is that David Goldman has spent a fortune trying to get his son back . . . DO THE MATH!!! How much $$$$ do you think it has taken to litigate this matter between two countries, with attorneys and the involvement of politicians for 5 years?

Mike C (not verified)

at 07:13 on December 18th, 2009

Hey, if this was your child would you give up so easy? With all the funs this man has used to reclaim his son he would be entitled to get this back. I hope you can feel what it is like to lose a part of you for a short time and then to have to work for the next five years to re-capture it. It is his son. I cry everyday for my children in Colombia I cannot be with but I get to call and visit, David does not even have this. One day US CIS will issue a visa and we will be reunited but where will Sean be. Do you really think this is about money?

Kevin Sullivan (not verified)

at 07:35 on December 18th, 2009

There is always two sides to every story. I lived in Brazil for 3.5 years. The Brazilian family courts are very judicious and treated me very fairly. I lived in Barra da Tijuca 2 miles from where Sean Goldman is living. Sean was a dual citizen. The U.S. does not let children leave the U.S. without papers signed by both parents. David could have petitioned the brazilian courts years ago for rights at least visitation. I could not find papers to that effect in the Rio family court records. He probably would not have won custody because Brazil, like the U.S. usually gives custody to the Mother. David could have had dual citizenship like his son. He chose not to. After years of estangement and not fighting for his rights in Brazil his wife dies. The fact that he waited to file for custody or visitation is probably being given considerable wieght. Usually a person does not file for dual citizenship in Brazil unless they plan to live there at some time. Evidently the deceased wife did intend to return and live there with the child in Brazil. There would be no other reason to apply for dual citizenship for Sean. What American father would let his son become a citizen of Brazil without unersanding the implications of that? Sean is a Brazilian citizen in Brazil if he was not a Brazilian citizen he would have been back in the U.S. a long time ago

David p (not verified)

at 13:09 on December 18th, 2009

You have not the faintest idea of what you are talking about. Check your facts and read the story first. You lived there for three and a half years? Was your head in the sand the entire time? Brasil grants dual to the child by birth but has to be filed before age. It takes nothing to obtain a Brasilian passport and it a common occurence with those who are eligible so as to not lose it when they are older. It is apparent the mother processed this when she was in Brasil for her decietful "two week vacation." Further, had Goldman applied to Brasil for dual himself, our State Department would have forced him to give up his American passport. Dual is not recognized by the US. Do your homework.

Kevin Sullivan (not verified)

at 22:29 on December 18th, 2009

The U.S recognized dual citizenship only for certain countries. Brazil was not one of them. The U.S. Supreme ruled that unconstitutional and dual citizenship is recognized for Brazil now and you don't have to give up your U.S. passport for a number of years now. I am a resident of Brazil applying for dual citizenship and have thoroughly researched this through our U.S. consulate there. The family courts in Brazil have similar laws to ours but not exactly the same. We will never know what would have happened had Goldman petitioned there years ago. I may be apparent to you that Bruna applied for citizenship in that two week period of time. I have not seen or read that. Implying that the father was unaware his son became a resident of Brazil. I tink we woud hear a lot more about it if it's true. The other side of the story is not getting a lotof play in the press here, thee is a lot of unanswered obvious questions.

Kevin Sullivan (not verified)

at 23:09 on December 18th, 2009

Lets not forget that the Cuban child Elian Gonzalez stayed in this country until the U.S. Supreme Court refused to hear his case. Elian was not an american citizen but had support from most americans that he not be returned to his father in Cuba after the death of his mother at sea off the coast of Florida.

blesdmom (not verified)

at 20:41 on December 18th, 2009

You couldn't be more right that there are two sides to every story, and your accuracy begins and ends with that statement! Clearly YOU have not taken a good look at the facts, because Mr Goldman HAS complied with the Hague convention, he has not been able to take many of the actions so many suggest he should have. So while defending Brazil while they are in violation of the Hague convention, you are at the same time criticizing the man who has done all he can to remain within the perameters of the same. And your question about allowing your child to be a dual citizen is ridiculous! My father also had dual-citizenship, even though neither of his parents did, because he was born on foreign soil during my grandfather's service to our country. There are many benefits to dual citizenship, my niece who was born in England and needed a liver transplant will never have to worry about being denied healthcare, because she can travel back to England for any care that she may be denied coverage for here. Many parents support their children's ability to be tied to their roots, that could have been a sound and loving motivation for supporting dual-citizenship. Parents should be able to make decisions for their children based on what they think is best for them, without the fear of having to be concerned about a co-parent abducting them. Most people have children with people they trust, I doubt anyone enters into parenthood anticipating that their child's other parent would abduct them, or that their would be any courts ignorant enough to support something so clearly bad for a child!!

Kevin Sullivan (not verified)

at 22:50 on December 18th, 2009

All these things are probably being considered by the Brazilian Supreme Court as we speak. We did not give the Cuban kid Elian back without a full judicial proceeding. A friend of mines wife took his child to another state in the U.S. There was a custody order preventing this in the original state (California). He filed the order in the state she took him to (Washington). The child was not returned to CA. but the father was given his full visitation rights in Washington. Family courts will usually give full visitation to fathers in the U.S. and in Brazil. This could have been processed while the Hague Convention issues were handled. The Washington state court did not return the child