In the Goldman child abduction case David Goldman fought for his son Sean Goldman to be returned to the United States after his abduction by his mother to Brazil in 2004. After years of court battles, Sean was returned to his father five and a half years later in 2009. This case of
international child abduction
The term international child abduction is generally synonymous with international ''parental kidnapping,'' ''child snatching'', and ''child stealing.'' However, the more precise legal usage of ''international child abduction'' originates in ...
gained significant attention in the media and from U.S. politicians.
Abduction and legal developments
The child abduction case evolved around application of
. Sean Richard Bianchi Carneiro Ribeiro Goldman was born in the year 2000 in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., federal district, five ma ...
, to an American father and Brazilian mother. In June 2004, at the age of four years, Sean went to
Brazil
Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
with his mother for a two-week vacation. However, his mother refused to return to the United States. The father David Goldman vowed to have his son back and lawsuits and counter-lawsuits ensued both in the United States and in Brazil. A 2005 Brazilian court ruling found that Sean was wrongfully taken from the U.S., but that nevertheless Sean would remain in Brazil.
Bruna Bianchi filed for, and was granted, a
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
by a Brazilian court. She then married Brazilian lawyer João Paulo Lins e Silva in 2007, and subsequently died while giving birth to their child in 2008. After Bruna's death, the Brazilian husband obtained a custody order for the child from the Brazilian courts by failing to inform them of Bruna's death and requesting a new Brazilian birth certificate be issued that listed himself as the father under the Brazilian concept of socio-affective paternity, on the basis of which, he refused to return the boy to David Goldman, Sean's father.
Media and political involvement and return
The case was focus of international media coverage.
*On 30 January 2009,
NBC
The National Broadcasting Company (NBC) is an American English-language commercial broadcast television and radio network. The flagship property of the NBC Entertainment division of NBCUniversal, a division of Comcast, its headquarters ...
's news program ''
Dateline NBC
''Dateline NBC'' is a weekly American television news magazine/reality legal show that is broadcast on NBC. It was previously the network's flagship general interest news magazine, but now focuses mainly on true crime stories with only occasio ...
'' broadcast a lengthy piece titled "Fighting for Sean" on the case and an interview by program's
Meredith Vieira
Meredith Louise Vieira (born December 30, 1953) is an American broadcast journalist and television personality. She is best known as the original moderator of the daytime talk show '' The View'' (1997–2006), the original host of the syndicated ...
with David Goldman, the child's father.
*The ''Dateline'' piece caught the attention of Congressman
Chris Smith (R-New Jersey) who contacted the father and offered help. He wrote an article in ''
The Washington Times
''The Washington Times'' is an American conservative daily newspaper published in Washington, D.C., that covers general interest topics with a particular emphasis on national politics. Its broadsheet daily edition is distributed throughout ...
'' on 19 June 2009 titled "Will Brazil Do The Right Thing".
*Goldman was interviewed on many media outlets including in ''
Today
Today (archaically to-day) may refer to:
* Day of the present, the time that is perceived directly, often called ''now''
* Current era, present
* The current calendar date
Arts, entertainment, and media Films
* ''Today'' (1930 film), a 1930 ...
'' a few times, on
Dr Phil
Phillip Calvin McGraw (born September 1, 1950), better known as Dr. Phil, is an American television personality and author best known for hosting the talk show ''Dr. Phil''. He holds a doctorate in clinical psychology, though he ceased renew ...
show on 1 December 2008, on
CNN's
Larry King Live
''Larry King Live'' was an American television talk show hosted by Larry King on CNN from 1985 to 2010. It was the channel's most watched and longest-running program, with over one million viewers nightly.
Mainly aired from CNN's Los Angeles ...
on 4 March 2009, on
CTV
CTV may refer to:
Television
* Connected TV, or Smart TV, a TV set with integrated internet
North America and South America
* CTV Television Network, a Canadian television network owned by Bell Media
** CTV 2, a secondary Canadian televisio ...
's ''
Canada AM
''Canada AM'' was a Canadian morning television news show that aired on CTV from 1972 to 2016. Its final hosts were Beverly Thomson and Marci Ien, with Jeff Hutcheson presenting the weather forecast and sports. The program aired on weekdays, an ...
'' and on
Fox News Channel
The Fox News Channel, abbreviated FNC, commonly known as Fox News, and stylized in all caps, is an American multinational conservative cable news television channel based in New York City. It is owned by Fox News Media, which itself is ...
's ''On the Record''
*There were public comments on the case by US Secretary of State Hillary Clinton on 4 March 2009 on NBC's ''Today'' show and by Brazilian President
Lula on CNN on 23 March 2009.
*On 15 July 2009, David Goldman testified in front of a Congress committee about child abductions. On 16 July 2009, NBC's ''
Today
Today (archaically to-day) may refer to:
* Day of the present, the time that is perceived directly, often called ''now''
* Current era, present
* The current calendar date
Arts, entertainment, and media Films
* ''Today'' (1930 film), a 1930 ...
'' broadcast a one-hour interview with him.
The case was subject of deliberations during meetings of high level
Brazil
Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
ian and
American officials. U.S. President Obama raised the issue of the boy's return under the Hague Convention with Brazilian President Luiz Inácio Lula da Silva.
US Congress introduced H.R. 2702, legislation to suspend Brazil's
Generalized System of Preferences
The Generalized System of Preferences, or GSP, is a preferential tariff system which provides tariff reduction on various products. The concept of GSP is very different from the concept of " most favored nation" (MFN). MFN status provides equal tre ...
trading benefit. The case was also discussed on the US House of Representatives floor with a statement from Congressman
Chris Smith (Republican, New Jersey), a staunch supporter of David Goldman, a New Jersey resident. U.S. Secretary of State Hillary Clinton and a New Jersey senator had protested the long legal battle by delaying a trade measure to extend billions of dollars of duty-free benefits on some Brazilian exports.
A Brazilian federal court ruled in December 2009 that Sean must be returned. However, A Brazilian supreme court judge then issued a ruling delaying the case until February 2010 saying the boy should be able to express himself in court.
Based on a decision of
Brazil's Supreme Court
The Supreme Federal Court ( pt, Supremo Tribunal Federal, , abbreviated STF) is the supreme court (court of last resort) of Brazil, serving primarily as the Constitutional Court of the country. It is the highest court of law in Brazil for consti ...
, Sean was handed over to his father on December 24, 2009. Sean was nine years old at the time of his return.
U.S. Secretary of State
Hillary Clinton
Hillary Diane Rodham Clinton ( Rodham; born October 26, 1947) is an American politician, diplomat, and former lawyer who served as the 67th United States Secretary of State for President Barack Obama from 2009 to 2013, as a United States senat ...
treated the case as a diplomatic issue of Brazil's obligations under the Hague Convention.
Aftermath
As of January, 2010, his Brazilian family was hoping to regain custody. Sean's grandmother Silvana Bianchi Carneiro Ribeiro has vowed to continue the battle through the Brazilian courts.
New Jersey courts have denied visitation rights for both grandparents months before the grandfather's death.
Media coverage continued after the return:
*NBC paid for a
charter flight
Air charter is the business of renting an entire aircraft (i.e., chartering) as opposed to individual aircraft seats (i.e., purchasing a ticket through a traditional airline).
Regulation
Charter – also called air taxi or ad hoc – flight ...
for David Goldman and 9-year-old Sean back to the U.S.
NBC News
NBC News is the news division of the American broadcast television network NBC. The division operates under NBCUniversal Television and Streaming, a division of NBCUniversal, which is, in turn, a subsidiary of Comcast. The news division's ...
correspondent
Jeff Rossen, along with other members of his team, was on board the plane. The
Society of Professional Journalists
The Society of Professional Journalists (SPJ), formerly known as Sigma Delta Chi, is the oldest organization representing journalists in the United States. It was established on April 17, 1909, at DePauw University,2009 SPJ Annual Report, lette ...
condemned NBC News for practicing "checkbook journalism" by chartering the jet. Mr. Goldman stated in his book, ''A Father's Love'', that NBC had already chartered the jet to fly its news crew home in time for Christmas Day, and when the courts granted him custody on December 24, NBC offered the ride so that he wouldn't have to risk taking a public flight.
''Huffington Post'': Society Of Professional Journalists Slams NBC For Practicing 'Checkbook Journalism'
/ref>
*On 8 January 2010, ''Dateline NBC'' broadcast a special on the case upon the successful return of the child to his father. The 2-hour special presented by Meredith Vieira was titled "Bringing Sean Home: The Untold Story". Parts of the exclusive interview and shots of the father-son reunion were broadcast on NBC's ''Today'' on 28 December 2009. Parts of this special were aired in Brazil
Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
by Rede Record
RecordTV (), formerly known as Rede Record, is a Brazilian free-to-air Television broadcasting, television network. It is currently the second largest commercial TV station in Brazil, and the 28th largest in the 2012 world ranking. In 2010, it w ...
newsmagazine series ''Domingo Espetacular'' presented by Paulo Henrique Amorim
Paulo Henrique dos Santos Amorim (22 February 1942 – 10 July 2019) was a Brazilian blogger and journalist.
Biography
Amorim worked as a sociologist and political scientist for many of the larger networks of the Brazilian mass media, such as ...
, on 17 January 2010.
* The season 20 episode of ''Law & Order
''Law & Order'' is an American police procedural and legal drama television series created by Dick Wolf and produced by Wolf Entertainment, launching the '' Law & Order'' franchise.
''Law & Order'' aired its entire run on NBC, premiering o ...
'' titled "Brazil
Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
" was inspired by the custody case.
* On April 27, 2012, Dateline aired an exclusive interview with Sean Goldman that was conducted by Meredith Vieira.
See also
*International child abduction in Brazil
International child abduction in Brazil comprises cases in which the removal of a child by one of the joint holders of custody or non-custodial or contested parents to Brazil in contravention of other laws of other countries and/or the desires ...
*International child abduction in the United States
As a result of its high level of immigration and emigration and its status as common source and destination for a large amount of international travel the United States has more incoming and outgoing international child abductions per year than an ...
References
{{Reflist, 30em
External links
Bring Sean Home Foundation
Help Bring Sean Home MySpace site
Sean Goldman page on Help Find My Child site
* ttp://www.americanrhetoric.com/speeches/davidgoldmanlantoshrctestimony.htm Transcript, audio, video of David Goldman Statement before the Lantos Human Rights Commission
2000s missing person cases
Brazil–United States relations
Family law
Kidnapped American children
Missing person cases in Brazil
Trials regarding custody of children