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  1. #1
    Atomic Punk
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    12.11.17 @ 04:37 PM
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    FINALLY!!! Brazil high court lifts stay, allowing boy to return to U.S.

    The chief justice of the Brazilian Supreme Court ruled Tuesday in favor of an American father in an international custody battle.

    The ruling by Chief Justice Gilmar Mendes will reunite a 9-year-old boy with his father, David Goldman, who has been locked in a custody battle with the family of the boy's deceased mother.

    Last week a lower court unanimously upheld a decision ordering that Sean Goldman be returned to his father in New Jersey.

    David Goldman arrived in Rio de Janeiro to reunite with his son, but one Supreme Court justice issued a stay, ordering Sean to remain with his Brazilian relatives until the high court could consider the case.

    Mendes' decision lifted the stay, paving the way for Goldman to be reunited with his son.

    The custody battle began in 2004, when Goldman's wife, Bruna Bianchi, took their then-4-year-old son from their home in New Jersey to Rio de Janeiro for what was to have been a two-week vacation. She never returned, instead remarrying there and retaining custody of Sean. She died last year in childbirth.

    Goldman has argued that as the sole surviving parent, he should be granted custody.

    The Bianchi family argue it would traumatize Sean to remove him from what has been his home for five years.

    While the chief justice studies the case, Brazilian Attorney General Luis Inacio Adams said the executive branch sides with Goldman.

    "Once we stop cooperating and start breaking our treaties and international obligations, Brazil risks the chance of not having its own requests in the matters regarding international judicial help granted, based on the principle of international reciprocity," Adams said Monday.

    "Not releasing the minor into the custody of his father could bring sanctions against Brazil," he added. "It could damage Brazil's image before the international community."

    The Bianchi family, who have invited Goldman to spend Christmas with them, have prepared the necessary paperwork to file an appeal immediately if the court finds against them.
    "Watch what people are cynical about, and one can often discover what they lack.” -- Gen. George S. Patton

  2. #2
    Baluchitherium loveevhsince79's Avatar
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    Quote Originally Posted by voivod View Post

    The Bianchi family, who have invited Goldman to spend Christmas with them, have prepared the necessary paperwork to file an appeal immediately if the court finds against them.
    Wow, that takes guts. Keep a child from it's father but invite him over for Christmas. If it were me, I'd get my hands on my kid and get the heck out of Dodge.
    Life may not be the party we hoped for, but while we are here we might as well dance.

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  3. #3
    5150 HuBBs5150's Avatar
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    about fucking time he gets his kid back.
    -----HuBBs5150-----

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  4. #4
    Atomic Punk
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    RIO DE JANEIRO — A U.S. man involved in a five-year battle for his son is closer than ever to being reunited with the boy, and waits now to see if Brazilian relatives will comply with an order from Brazil's chief justice to give up custody.

    The justice ruled Tuesday that the 9-year-old be turned over to David Goldman in a decision that appeared to bring the case in line with international custody accords.

    The boy, Sean, was taken by Goldman's now-deceased ex-wife to her native Brazil in 2004, where he has remained. Goldman, of Tinton Falls, New Jersey, has been fighting to get him back from the boy's stepfather.

    Both the U.S. and Brazilian governments have said the matter clearly fell under the Hague Convention, which seeks to ensure that custody decisions are made by the courts in the country where a child originally lived — in this case, the United States.

    Goldman's New Jersey-based lawyer, Patricia Apy, said Tuesday that she believed the order by Supreme Court Chief Justice Gilmar Mendes required Sean to be handed over immediately, but she said Goldman's attorneys had not heard from lawyers for the Brazilian family.

    Lawyers on both sides have said there was still a chance for the Brazilian family to appeal to Brazil's highest appeals court, though the chances of success seemed slight.

    Goldman declined to comment until he learned more details about the 50-page ruling. Calls to the Brazilian family's lawyer were not returned.

    U.S. Rep. Chris Smith, a New Jersey congressman who traveled to Brazil to offer his support, said Goldman was pleased.

    "He was elated, a big smile came to his face, but he said 'I'm not going to let my guard down until it's wheels up,"' Smith said.

    Goldman launched his case in U.S. and Brazilian courts after Sean was taken by his mother to Brazil, where she then divorced Goldman and remarried. She died last year in childbirth, and the boy has lived with his stepfather since.

    A lawyer specializing in the Hague Convention said Tuesday's decision by Mendes was the only right one to make.

    "It would be virtually impossible to reconcile international law with a ruling in favor of the Brazilian family," said Greg Lewen of the Miami-based law firm Fowler White Burnett.

    He said that if the Hague Convention were not followed by the chief justice, "the State Department should immediately issue a travel advisory warning parents not to go to Brazil with their children."

    Smith, the congressman, said the fact that the Brazilian chief justice ruled Sean should be with his father would take the steam out of any appeal from the stepfather, himself a lawyer from a prominent family of Rio de Janeiro attorneys.

    During a teleconference with U.S. journalists late Tuesday, Smith said law enforcement was on guard in case the Brazilian family did not transfer Sean. He said the international police agency Interpol had been notified to make sure Sean was not flown out of Brazil.

    "Our hope is, given the prominence of this family in legal circles, that's less likely to happen," Smith said.

    Silvana Bianchi, Sean's maternal grandmother, wrote an open letter to Brazilian President Luiz Inacio Lula da Silva just hours before the Tuesday ruling, in which she said cultural differences and international pressure were driving the case.

    "Our moral foundation values the mother's role. In the absence of the mother, the raising should be done by the grandmother," she wrote. "That's how it's done in Brazil, from north to south, regardless of race, religion or social class. It's natural that foreigners, with a different foundation, would not understand these authentically Brazilian feelings."

    Meanwhile, Goldman has said his parents and other relatives have been waiting for years to be reunited with Sean.

    Silva has said he would not intervene in the case, that it was purely a matter for Brazil's legal system.

    The case has affected diplomatic ties between Brazil and the United States, as the U.S. State Department applied pressure for the boy to be returned. President Barack Obama and Silva have discussed the matter.

    Last week, U.S. Sen. Frank Lautenberg of New Jersey reacted to the case by blocking renewal of a trade bill that benefits more than 130 countries, including Brazi, by allowing them to export a variety of products duty-free to the United States. Brazil is the fifth largest beneficiary from the duty-free provision, receiving an estimated $2.75 billion in benefits last year, according to Lautenberg's office.

    Lautenberg lifted the hold after Tuesday's ruling in Brazil and the U.S. Senate quickly passed the trade measure.
    "Watch what people are cynical about, and one can often discover what they lack.” -- Gen. George S. Patton

  5. #5
    Atomic Punk
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    "Watch what people are cynical about, and one can often discover what they lack.” -- Gen. George S. Patton

  6. #6
    Atomic Punk
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    Brazilian relatives of a 9-year-old boy, who had been the subject of an international custody battle with the child's father, will not file any further appeals after the Brazilian Supreme Court ruled against them, their attorney told CNN Wednesday.

    The family is just looking for a peaceful handover of Sean Goldman to his father, attorney Sergio Tostes said, and plan on starting dialogue to allow the transfer to happen immediately.

    The chief justice of the Brazilian Supreme Court ruled Tuesday in favor of David Goldman, who had been battling the family of the boy's deceased mother for custody. The ruling by Chief Justice Gilmar Mendes will reunite Sean with his father.
    "Watch what people are cynical about, and one can often discover what they lack.” -- Gen. George S. Patton

  7. #7
    Baluchitherium
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    It's appalling to me that the State Department wouldn't make more noise about this. The boy is an American citizen being held illegally in another country. It's no different to me than any other hostages. Maybe even worse since we're talking about a small child.
    Posted from yo' mama's house.


  8. #8
    Atomic Punk
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    did the kid want to come back?
    Stay out of it, dude.


    I am Van Halen.

  9. #9
    Baluchitherium
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    Quote Originally Posted by broken9500 View Post
    did the kid want to come back?
    Probably not, because he likely has little to no recollection of his father. His mother and her family kidnapped the boy just a few weeks after his 4th birthday.
    Posted from yo' mama's house.


 

 

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