Tuesday, December 22, 2009

Comparison of Sean Goldman and Elian Gonzalez Cases - 16 months vs 7 months

U.S. Justice System vs Brazilian Justice System

If Brazilian Supreme Court Chief Justice Gilmar Mendes rightfully rules today today to lift a stay which would pave the way for custodial and biological parent David Goldman to bring his son back to the United States, it should end a long International Parental Kidnapping case. It would also place the total time of resolving this Brazil/United States case from the time of the biological mother's death to 16 months, over 9 months longer than the Elian Gonzalez United States/Cuba case. Additionally, in the Goldman parental kidnapping case, it has been almost 6 years since the child was kidnapped.

Bruna Ribeiro, Sean Goldman's mother passed away on August 22, 2008, on that date after she had Internationally kidnapped David Goldman's son from the United States in June 2004. Even after his former spouse's death in which he is the sole surviving biological parent, victim parent David Goldman's has had no success in resolving this issue swiftly through the Brazilian legal system even with help of high ranking U.S. Government officials and U.S. media. For David Goldman and many other left-behind parents in International custody cases, the only success is when they board the plane with their child back to their child's home residential country.

In the Elian Gonzalez case, his mother died at sea in November 21, 1999. Despite the political issues injected by the Cuban community in Miami and efforts by Elian's relatives in the United States, even with the significant media coverage in the case, Elian was sent back on a plane to Cuba by the United States legal system in 7 months.

In the Goldman case there are allegations that Sean Goldman's step father Joao Paula Lin e Silva, a family law attorney and his family have injected their own political agenda and influence in prolonging the eventual and rightful return of the child to his biological and custodial parent, David Goldman.

I am further reading from several media sources that there are reports that the Brazilian family is open to negotiation. In my opinion, in the Sean Goldman case, those negotiations should have begun 16 months ago, the day Sean's mother passed away. After that day, this Brazilian family is committing one of the most heinous crimes against young children and most severe acts of family violence --"parental kidnapping". It's really sad in the spirit of the holidays, that Brazilian Family Law Attorney and proclaimed loving step father Joao Paula Lin e Silva, doesn't father-up and in the spirit of co-parenting surrender Sean to his father. This would really pave the way for possible summer visits from the United States back to Brazil so that Sean can see his biological grandparents, step parent and his family. Unfortunately, through Joao Paula Lin e Silva's sole decision, all trust is lost between not only these parents but the International legal system including the Hague Convention signed by both the United States and Brazil.

I sincerely doubt that Joao Paula Lin e Silva represents the views of all Brazilian fathers and Brazilian family law attorneys. I really hope that this Supreme Court Justice as well as other officials in the Brazilian government take immediate action to resolve this case now!

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