Tuesday, April 14, 2009

It's Time for Brazil to Comply with the Hague Convention

In America when it comes to custody of a child from Cuba such as Elian Gonzalez, the American legal system sent the child back to Cuba in compliance with both the Hague Convention and the custodial rights of his father.

In Brazil, their legal system is yet to return David Goldman, he is still awaiting the return of his son from the Brazilian legal system even after efforts by U.S. Secretary of State Hilary Clinton and other U.S. politicians.

I simply don't understand what legal position the particular judges in Brazil can find to justify a parental kidnapping. If it were their children or grandchildren that were married to an American living in the United States and the American Citizen left Brazil, the child's country of residence with no court order and parentally kidnapped the child, wouldn't they want their child or grandchild back in Brazil? Furthermore, in David Goldman's case, what if the biological parent passed? Wouldn't they want the child living with their biological parent? Is it Anti-Americanism? Or is is Anti-Americanism toward the American legal system, the best in the world? What about the case of Francois Larivee, a Canadian Citizen? Shame on those judges! Shame on the Brazilian government for not pressuring those judges to do the right thing for this child!

David Goldman (American seeking custody of his child in Brazil)

Francois Larivee (Canadian seeking custody of his child in Brazil)

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