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Click Headline for Full Story
January 2010
International Child
Abduction a Growing Problem
In many cases, parents abduct
their own children when marriages fail and return home where
local laws protect them. In some cases the abducted children
never see the other parent again.
MacKenzie Babb, Voice of America
01-21-10 --
Child abduction is one of a parent's worst fears, and for a
growing number of parents around the world, this fear is
being realized and compounded by international custody
disputes. In many cases, parents abduct their own children
when marriages fail and return home where local laws protect
them. In some cases the abducted children never see the
other parent again. . . . On July 13, 2003, U.S. Navy
Commander Paul Toland returned home to discover his wife had
moved out and taken their 9-month-old daughter Erika with
her. . . . At the time, Toland was stationed at a U.S. naval
base in Yokohama, Japan. His wife Etsuko, a native of Japan
who had become a U.S. citizen during their marriage, took
Erika and their belongings from the family's home in Negishi
Navy family housing to Tokyo and told her husband she wanted
a divorce. To settle the matter, Toland says they went to a
Japanese court.
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December 2009
NEW
JERSEY
An emotional homecoming for Goldman and his son
Maryann Spoto, Star-Ledger Staff
12-30-09 --
"Our home." . . . Those two words from his 9-year-old son
made a five-year, politically charged, multi-continent
custody battle all worth it for David Goldman of Tinton
Falls. . . . Returning to the Monmouth County home with his
son Monday night after a much-publicized, international
custody struggle, Goldman finally heard the words he longed
to hear when his son, Sean, asked where they lived. . . .
Goldman, 42, said he was overwhelmed. . . . ""Just to hear
him say "our home,' '' Goldman said yesterday, his voice
cracking and his eyes filling with tears. ""I waited five
years to hear that.'' . . . With the safe return of his son,
Goldman also said yesterday he would work with U.S. Rep.
Chris Smith (R-4th Dist.) to get legislation passed that
would help other parents in his situation. . . . ""My
assistance is offered to Congressman Smith, however
possible,'' Goldman said at a news conference in his
attorney's Red Bank office. ""He is a hero. He didn't have
to give up his Christmas. He missed his Christmas.''
TEXAS
U.S. Justice Department certifies child-abduction team
By A. Lee Graham, Keller Citizen
12-30-09 --
When it comes to child abduction response, nowhere in Texas
is law enforcement more prepared than in Northeast Tarrant
County. . . . That’s according to the U.S. Department of
Justice, which recently awarded a national certification to
the Northeast Tarrant and Denton County Child Abduction
Response Team (CART). . . . Only six teams nationwide hold
that credential, with no others in Texas touting the
distinction. . . . "It’s pretty rigorous," said Haltom City
Police Chief Keith Lane, a former Keller lieutenant who
co-founded the team with Colleyville Police Chief Tommy
Ingram. . . . That rigorous training came after Lane, Ingram
and other area police chiefs learned about a national
program dedicated to training officers in locating children
who are abducted or reported missing.
Houston Dad Looking To Get Daughter Back From Brazil
FoxNews
12-30-09
-- After
seeing what one New Jersey man did to get his son back from
Brazil, a Texas father is looking to do the same. . . .
Marty Pate says his ex-wife defied a custody agreement and
returned to her native country of Brazil with the couple's
8-year-old daughter, Nicole, MyFoxHouston.com reports. . . .
"Here we are three and a half years later, and still no
daughter," Pate told MyFoxHouston.com, but in his renewed
efforts, Pate is hopeful he'll have his daughter back in
Texas by summer. . . . The case contains shades of the
high-profile case of
David Goldman, who recently won a five-year
battle to get his son Sean back. Sean's mother had taken him
to her native Brazil, where she later died, leaving Sean in
the care of family there. Brazil's Supreme Court recently
ruled that Sean should be returned to his father.
NEW
JERSEY
Back From Brazil, Seeking an Ordinary Life for a Son
By Karen DeMasters, NY Times
12-29-09 --
David Goldman’s holiday wish for his son is a simple one:
that he be allowed to be just another New Jersey 9-year-old.
. . . Mr. Goldman appeared at his lawyer’s office here on
Tuesday for his first news conference since he and his son,
Sean, returned five days earlier from Brazil, where Mr.
Goldman won an international custody battle for the boy. . .
. At times choking back tears, Mr. Goldman said his son had
moved back with him into the house in nearby Tinton Falls
where he lived before he was taken to Brazil by his mother,
Bruna Bianchi, who died in childbirth last year. . . . The
five-year legal battle, Mr. Goldman said, has left his son
afraid of cameras and fearful of being left alone. Still,
the father said he had been amazed at how seamless Sean’s
transition to living in the United States had been so far.
The boy speaks English, as he did during the first four
years of his life, and he attended an English-language
school for two years in Brazil. . . . “He may have an ‘old
soul’ because of what he has been through, but mostly he is
just a kid and wants to live in the now and have fun,” Mr.
Goldman said. “He is playing with his cousins right now. He
wants to go fishing, although I keep telling him how cold it
is outside.”
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The Prompt Recovery of a
Child Under the Hague Convention Failed in Brazil
PRNewswire
12-28-09 --
When David Goldman applied
for the return of his son from Brazil under the Hague
Convention for Abducted Children he surely could not have
imagined the five-year ordeal that would unfold. On December
23, 2009, two days before Christmas, a federal court in Rio
ordered the stepfamily to return Sean Goldman to his father
by 9:00 a.m. The stepfamily says that they will no longer
fight and it looks like Sean Goldman will finally be
returned to his only living parent. . . . The Hague
Convention on the Civil Aspects of International Child
Abduction provides for the prompt return of children. Under
article 11, if a court decision is not made within six
weeks, the court can be required to explain the delay. In
the case of Sean Goldman, the mother flew to Brazil in 2004
for what was to be a two-week vacation. She then announced
to father, David Goldman, that she would be getting a
divorce and would not be returning. In a strange twist, the
mother died in childbirth and Sean Goldman was left in the
care of his stepfather, who refused to return custody to
David Goldman. According to court records, David Goldman
filed his application for the return of his son within 50
days of being informed that he would not return. The courts
in Brazil did not finally determine the matter until five
years later.
Boy Is Reunited With American Father in Brazil
By Mery Galanternick & Jack
Healy, NY Times
12-24-09 -- Sean
Goldman, a 9-year-old at the center of an international
custody dispute, was reunited with his American father
Thursday morning in Rio de Janeiro, ending a protracted
family fight that spilled over into diplomatic relations
between the United States and Brazil. . . . But the
bitterness that has colored the dispute seemed to continue,
as the reunion was recorded in the full glare of the news
media. . . . The boy’s Brazilian stepfather led him through
a gantlet of cameras and microphones to the United States
Consulate, where his American father, David Goldman, was
waiting. Videos from the scene showed a crush of reporters
and cameramen yelling and jostling with security guards as
the boy walked to the front doors of the building, and news
reports said he was crying as he was pulled through the
melee. . . . “We are very pleased that father and son are
reunited,” said Orna Blum, a spokeswoman for the United
States Embassy in Brazil. But she criticized the boy’s
Brazilian family, who had fought against returning him, for
refusing the consulate’s offers to arrange a more private,
discreet return, saying, “We really wish that had not been
done.” . . .
Sergio Tostes, a lawyer for the boy’s Brazilian family, said
United States officials had refused to allow the boy’s
maternal grandmother to accompany him to the United States —
a charge rebuffed by American officials, who said they had
done everything possible to ensure the boy could make a
smooth transition.
Sean Goldman: "Psychological Armageddon"?
Psychologist Says Boy, 9,
Faces Many Challenges Adjusting to Life in U.S., with
American Father, After Years in Brazil
CBS News
|

Sean
Goldman at age 8 (Family Photo) |
12-24-09 -- David
Goldman has been battling for five years to regain custody
of his son, Sean Goldman, from Sean's stepfamily in Brazil.
David won his battle this week, and father an son were
reunited Thursday in Rio de Janeiro. . . . But,
says psychologist Dr. Jenn Berman, Sean Goldman is likely to
have a very hard time getting re-acclimated to life in the
United States, with David Goldman, in both the long- and
short-run. "Emotionally speaking," Berman told Jeff Glor,
adjusting could prove to be a "psychological Armageddon" for
Sean, 9. . . . Video of Thursday's reunion show a media mob
scene around the Goldmans and a visibly stunned Sean
Goldman. . . . In the short-term, Sean "has to acclimate to
a completely different culture, and a world that is really
unfamiliar to him," said Berman, author of "The A to Z
Guide to Raising Happy, Confident Kids." "Most of us
don't have memories before three-to-five (years old),
especially when you've gone through a trauma. But this is a
child who has faced some of life's biggest traumas: a
divorce, the betrayal of the trust that his mother had with
him, the death of his mother, the abandonment of his father.
Unbeknownst to him, his father's been fighting day and night
for him but, as far as this child's concerned, he's been
abandoned by his father. So, this is very traumatic, not to
mention the whole media circus."
NEW
JERSEY
Brazil custody case: David Goldman gets custody of
son Sean
Brazil's chief justice upheld
late Tuesday a lower court order handing 9-year-old Sean
Goldman over to his American father. The Brazil custody case
has been dragging on for five years, reflecting the
difficulty of international custody disputes.
By Daniel B. Wood Christian
Science Monitor Staff writer
12-23-09 -- The
ruling by Brazil’s chief justice in favor of an American man
seeking to gain custody of his son has important resonances
in an era of increasing international marriages, say several
legal experts. . . . Chief Justice Gilmar Mendes late
Tuesday ruled that nine-year-old Sean Goldman should be
handed over to his New Jersey father, lifting a stay on a
lower court’s order and raising the prospect that the two
could be reunited within days. . . . The ruling comes in a
five-year custody battle over Sean, who in 2004 was taken by
his mother, Bruna Bianchi, to her native Brazil. Ms. Bianchi
later divorced his father, David Goldman, and remarried. The
boy remained in Brazil with his stepfather and other family
after his mother's death last year, while his American
father sued in both US and Brazil courts to get him back. .
. . The case garnered international attention, and
threatened to disturb Brazil-US relations. . . . “Although
the Brazilian judicial system finally reached the right
decision, its failure to act expeditiously contributed to
this tragic story,” says Christopher Schmidt, a legal expert
with the US law firm of Bryan Cave LLP.
NEW
JERSEY
Father Calls Brazil Judge's Decision Not to Return Son
'Very Upsetting'
Congressman said David
Goldman to Appeal Judge's Decision Today in Hopes of Taking
Son Sean Home
By Jeffrey Kofman, Chris Cuomo, Kate Mccarthy and Lee Ferran,
ABC News
12-18-09 --
In a case that continues to gain international attention, an
American congressman said David Goldman would appeal a
judge's decision today to keep
Goldman's 9-year-old son, Sean, in Brazil instead
of sending him home to New Jersey. . . . Within hours of
landing in Rio de Janeiro Thursday, Goldman
received word that a judge sided with a petition filed by
the boy's Brazilian family that Sean should remain in the
country until it is decided whether he will testify in
court. . . . Goldman called the decision "very discouraging
and very upsetting." . . . U.S. Rep. Chris Smith, R-N.J.,
who is traveling with Goldman, told "Good
Morning America" this morning that Goldman would not
compromise with "kidnappers" and Sean could still return to
the U.S. in time for the holidays. . . . "We do believe this
will be overcome. There is an appeal that will happen
today," Smith said. He added, "The chief justice of the
Brazilian supreme court has it within his power to overturn
this illogical and unethical stay by giving a boy back to
his dad."
TEXAS
Warning signs missed at every step in custody case
Veronica Flores-Paniagua, San Antonio Express
12-18-09 --
In the case of Jean Paul Lacombe, the 10-year-old at the
center of an international custody dispute, where should the
buck stop? . . . To hear District Judge Sol Casseb explain
it, he followed the law when he authorized the removal of
the boy from his mother's custody. Same with Precinct 3
Constable Mark Vojvodich, whose deputies took Jean Paul from
a school bus on Oct. 16 and gave him to his father. The
father's lawyers, who initiated the emergency petition that
led to the school bus takedown? They've been cleared of
claims of fraud brought by the mother's attorney. . . . The
choir's tune: It's no one's fault that Jean Paul's father,
Jean Philippe Lacombe, pulled a big one over our local
judicial system. . . . This choir is way off-key. . . . Jean
Paul's story hit national airwaves this week with
heartbreaking video clips. One, from a North East
Independent School District school bus camera, shows the
grade-schooler pleading with deputy constables to not take
him to his father, as they had, by court order, the
authority to do. “He hits me,” Jean Paul cried. Another,
shot by KSAT-TV, shows Jean Paul's mother, Berenice Diaz,
doing her best to comfort her son before the constables
finally take him away.
NEW
JERSEY
U.S. dad says he hopes to bring son home
CNN
12-17-09 --
An American father said he
hopes to be bringing his 9-year-old son home from Brazil on
Thursday after a long international custody battle that has
involved U.S. Secretary of State Hillary Clinton and many
Brazilian courtrooms. . . . A Brazilian court on Wednesday
ordered that the boy, Sean Goldman, be returned to the
custody of his father in the United States. The father,
David Goldman, spoke to CNN's "American Morning" on Thursday
shortly after his plane touched down in Brazil. . . . "I
hope that this is the last trip I'll have to come down
here," Goldman said. . . . In an earlier conversation with
CNN's Anderson Cooper, Goldman said, "I hope this time I
will be able to go down to Brazil and come back home with my
son. Hopefully the rule of law, god, nature, human decency
will be followed, and Sean will come home to reunite with
me, his only parent."
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November 2009
ALABAMA
Representative Cam Ward introduces new child abduction act
WBRC
Cam Ward of Alabaster
announced on Wednesday the introduction of the Uniform Child
Abduction Prevention Act. The act is aimed at preventing
child abductions in Alabama. . . . In Representative Ward's
press release on the issue, it states that the majority of
child abductions are perpetrated by family members. The new
act would provide Alabama with a tool for deterring domestic
and international child abductions.
NEW
JERSEY
Monmouth Co. father fighting to get son back from Brazil to
testify before human rights panel
By Bill Handleman • Gannett New Jersey
• November 20, 2009
11-20-09 --
Rep. Chris Smith, R-N.J., announced Thursday that a
congressional panel dedicated to human rights will hold a
hearing on the international child abduction case involving
David Goldman of Tinton Falls, N.J. . . . "David Goldman's
human rights as a father, his rights under U.S. law and
international treaty have been trampled," Smith said. "He
and his son, Sean, have lost five precious years of their
life together while the Brazilian government has allowed
this case to drag on interminably. . . . "Brazil has not
complied with the international treaty on child abduction it
freely signed. The U.S. government needs to highlight the
urgency of cases like David Goldman's and impress upon our
treaty partners that delay is denial especially when
children are taken out of one country or remain separated
from a parent without that parent's consent."
October 2009
TENNESSEE
Japan frees U.S. dad
accused of snatching kids
Savoie's ex-wife had brought
children to Japan
Associated Press, MSN
Japanese police said
Thursday that they have released an American man 18 days
after his arrest on accusations he snatched his children
from his ex-wife. . . . The case is among a growing number
of international custody disputes in Japan, which allows
only one parent to be a custodian — almost always the
mother. That leaves many divorced fathers without access to
their children until they are grown. . . . While prosecutors
have not pressed charges against Christopher Savoie, they
haven't yet dropped the case either and an investigation is
continuing, said police official Kiyonori Tanaka in the
southern Japanese city of Yanagawa. They decided to release
him on grounds that he was not a flight risk, he said. . . .
Savoie, 38, of Franklin, Tennessee, was arrested Sept. 28
after his Japanese ex-wife accused him of grabbing his two
children, ages 8 and 6, from her as she walked them to
school in southern Japan. . . . Savoie's current wife, Amy,
was awakened by a telephone call at her Franklin, Tenn.,
home early Thursday and answered to hear her husband's
voice. . . . "'Hello, my love, I'm out,'" were his first
words, Amy Savoie told The Associated Press.
Lawyer For Jailed American Dad In Japan Says Client
Experiencing Torture
Ayinde O. Chase - AHN Editor
10-13-09 --
An American father currently jailed in Tokyo is being
harshly treated and his lawyer says it could be deemed
torture. Despite his lawyers shocking claims Japanese
authorities say the incarcerated father is getting "special"
treatment. . . . Attorney Jeremy Morley, in a statement
released Monday, said his client Christopher Savoie is being
held without trial, subject to repeated interrogation
without his attorney present and is being denied essential
medical treatment for high blood pressure. . . . Morley goes
on to say that his client is suffering from sleep
deprivation at the hands of his jailers and is being denied
private meetings with his legal team and is being kept from
communicating with his wife. Morley who admits some of the
claims are hearsay from Savoie's wife, believes what the
incarcerated father of two is being subjected to is torture.
September 2009
NEW
JERSEY
Walk will support efforts
to Bring Sean Home
The Bring Sean Home community
will hold a walkathon and fundraiser on Saturday, Oct. 3, at
Pier Village in Long Branch to benefit The David & Sean
Fund. . . . The Bring Sean Home Walkathon and Fundraiser
will help defray expenses related to the abduction of Sean
Goldman to Brazil and his repatriation to the United States.
. . . Registration will begin at 9 a.m. at the hospitality
tent in Pier Village's Festival Plaza. The day's events will
kick off at 10 a.m. with a 3K walk along the oceanfront
boardwalk, followed by live entertainment featuring local
Jersey Shore performers. . . . This is a family-friendly
event and participants of all ages are welcome, including
those in wheelchairs, strollers and baby joggers. . . .
Online registration is free and open to individual walkers,
families, teams, and "virtual walkers," those unable to
attend the Long Branch walk in person, but still wanting to
show support for David and Sean.
To register
online and for additional information about this event,
visit
www.bringseanhome/walkathon
or call Mark DeAngelis at
917-751-3735; Christine Schmitt at 732-444-1087; or Melissa
Capestro at 732-977-2855.
David Goldman is a Tinton
Falls resident whose son Sean was abducted by his mother to
her native Brazil in June 2004. Ever since Sean was taken,
David has been fighting to bring him home, despite
obstacles. In August 2008, Sean's mother passed away. Today,
Sean remains in Brazil.
Bring Sean Home Website
U.S. father arrested in Japan for picking up kids
abducted by ex-wife
USA Today
9-29-09 --
A Tennessee father has been arrested in Japan while trying
to reach a U.S. consulate with his two children who had been
abducted by his ex-wife, Nashville's WTVF TV
reports. . . . Japanese police, who do not
recognize U.S. family court orders, took Christopher Savoie
into custody just outside the gates of the consulate in the
city of Fukuoka. . . . In August, Savoie was awarded full
custody of 8-year-old Isaac and 6-year-old Rebecca by a
Tennessee court after his ex-wife, Noriko, whisked them off
to Japan. The court also issued an arrest warrant for her. .
. . WTVF says Savoie picked up the children Monday as they
walked to school, according to friends and a witness. He
then raced to the nearest U.S. consulate to try to get
passports for them, CNN
reports.
Sullivan & Worcester LLP and Child Advocacy Groups File
Amicus Brief before U.S. Supreme Court Concerning
International Child Abduction
Court will review whether
a left-behind parent possessed "rights of custody" under an
international treaty concerning the return of child
Business Wire, MarketWatch
9-22-09 --
Attorneys for Sullivan & Worcester LLP today filed an amicus
brief before the U.S. Supreme Court challenging lower court
decisions that rejected a left-behind father's application
from Chile for the return of his minor son from the United
States. In the case that triggered the filing, Abbott v.
Abbott, 542 F.3d 1081 (2009), the Fifth Circuit Court of
Appeals and the trial court ruled that, even though foreign
custody-type orders prohibited the mother from taking the
child outside of Chile, the Chilean orders appeared to limit
the father's rights to visitation without control over where
the child resided. The issue before the Supreme Court is
whether "no exit" (ne exeat) orders constitute rights of
custody under an international treaty known as the Hague
Convention on Civil Aspects of International Child
Abduction. . . . Barry Pollack, a partner at Sullivan &
Worcester and founder of the firm's S&W International
ChildFind Program, argues that, "The lower courts never
mentioned, let alone adequately considered, whether their
rulings or the Chilean orders safeguarded the best interests
of the child." He added, "Labels concerning parental rights
and the reasons for them can vary widely when used in
different countries, cultures, courts and families."
June 2009
UNITED STATES SUPREME COURT
Court takes on international child custody case
Associated Press
6-29-09 --
The Supreme Court agreed Monday to hear arguments in a child
custody dispute between a Texas mother and a British father
that tests the boundaries of an international treaty. . . .
The court will take its first look at how American
authorities handle the Hague Convention on child abduction,
aimed at preventing one parent from taking children to other
countries without the other's permission. . . . Adding to
the case's interest, the Obama administration joined the
call for court review by approvingly citing a dissenting
appeals court opinion by Supreme Court nominee Sonia
Sotomayor in a similar case. . . . If confirmed, Sotomayor
would sit on the court that hears the case next term. . . .
The United States is among more than 80 countries that
follow the treaty. . . . In this case, Timothy Abbott
accused his estranged wife, Jacquelyn Abbott, of violating a
court order in Chile by taking their 10-year-old son to
Texas without his consent.
The child, born in Hawaii, is a U.S. citizen. . . . Timothy
Abbott asked an American court to order the child returned
to Chile, based on the treaty. The mother argued that she
has exclusive custody of the boy and that U.S. courts are
powerless under the treaty to order his return.
International child abductions by parents rising
Samantha Henry, Associated
Press Writer, Laconia Citizen
6-19-09 --
It was a globe-trotting romance: a handsome American working
as a model in Italy falls in love with a Brazilian beauty
studying fashion design in Milan. They marry in 1999, settle
in an upscale New Jersey shore town and have a son. . . .
Four years later, the couple's relationship begins to change
from an international love affair into a diplomatic
nightmare. . . . The woman, Bruna Bianchi, took the couple's
son to visit her relatives in Brazil in 2004 but never
returned. The boy's father, David Goldman, who still lives
in New Jersey, has been battling to get his son back ever
since. . . . While the Goldman case has been prominent in
recent news coverage, it is not the only dramatic custody
case being fought across international borders. The U.S.
State Department says such parental abductions involving
American children are rising. There were more than 1,000 new
cases of American children taken by a parent to another
country last year — a 35 percent increase over 2007,
according to the department. . . . The international
tug-of-wars get even more difficult to resolve when nations
disagree on which parent should keep a child. . . . "It's
not just a U.S. trend, it's a worldwide trend," said Julie
Furuta-Toy, director of the Office of Children's Issues at
the U.S. Department of State.
WASHINGTON
A Father’s Day he won’t see:
International child abduction devastates former Kent man
By Brian Beckley, Kent Reporter General assignment reporter
|

B.J. Rao poses with his son during Anand's third
birthday party, June 5, 2008. This is one of the
last photos Rao has of his son.
Photo courtesy B.J.
Rao |
6-19-09 --
Sunday is Father’s Day, and while dads all over the region
and the country will be waking up to gifts and smiles from
their children, B.J. Rao will not be one of them. . . . It’s
been almost a year since the former Kent resident has seen
Anand, his son, who turned 4 just last week. Rao’s ex-wife
Arathi Bandi took Anand to India last July and despite
court-ordered visitations and a custody change to put Anand
into Rao’s home, there is still no word from Bandi. . . .
And there’s nothing the authorities can do. . . . “I have
absolutely no legal mechanism,” Rao, 40, who is now living
with friends in Sammamish, said this past week. . . . India
is one of several countries around the world that are not
part of the Hague Convention on the Civil Aspects of
International Child Abduction, a 1983 treaty signed to
prompt the quick return of children who have been taken
illegally to another country. . . . Because of that, even
the State Department has no jurisdiction and despite legal
victories in the United States, Rao will spend this Father’s
Day as a custodial parent, but without his son.
Will Brazil do the right thing?
Rep. Christopher H. Smith, Washington Times
6-19-09 --
The title of world's greatest dad this year should go to a
mild-mannered New Jersey man - David Goldman - whose love,
courage, kindness and amazing tenacity touch the heart of
everyone he has met or who has heard of his long struggle to
rescue his son from a child kidnapper in Brazil. This will
be the fifth year the father has been separated from his
son. . . . Despite some recent encouraging signs in the
Brazilian federal courts, the sad fact is that in Rio de
Janeiro, a man who is not 9-year-old Sean Goldman's father
continues to retain Mr. Goldman's son illegally. The Goldman
child abduction case begs an immediate, simple and durable
remedy: Bring Sean home to his father and to his real home
in New Jersey. End the kidnapping without excuse or further
delay. . . . Earlier this month, Mr. Goldman traveled to
Brazil for the 12th time. He went back to the Brazilian
supreme court, which he and I visited together in February,
trying to secure justice that a bevy of Brazilian lower
courts seemed either incapable or incompetent to render. . .
. With a strongly worded opinion by a federal court judge
just days ago that ordered Sean to be reunited with his dad,
the end of the nightmare may be in sight. Legal appeals
loom, however, that may shortcircuit justice once again. . .
. Five years ago this week, Mr. Goldman's son, then 4, was
abducted by his mother to Brazil. For five years, David has
sought relief in the Brazilian courts, and with the aid of
an extraordinarily talented legal team, he has left no stone
unturned in trying to get his son back. The U.S. Embassy in
Brazil - especially the consular general and her team - have
fought valiantly for David and Sean. Yet despite all this
and repeated trips to Brazil, David was not even allowed to
have visitation for more than 4 1/2 years - more than half
of Sean's young life. I was there when he finally got to see
his son. It was moving beyond words, and the bond of love
between the two was strong and obvious. . . . Adding further
insult to injury in this kidnapping case, since the death of
Sean's mother in 2008, Sean has been held illegally by her
second husband, Joao Paulo Lins e Silva, a wealthy and
well-connected lawyer whom she married in 2007. Mr. Lins e
Silva refuses to return Sean to his father but, heedless of
the damage he does to Sean, endlessly delays and obstructs
the judicial process. . . . We must be frank about the
situation in Brazil. Generally speaking, the Brazilian
judicial system thus far has enabled international child
abduction by Brazilian citizens. This is no exaggeration. I
invite anyone who is interested to read the .pdf State
Department's April Report on Compliance with the
Hague Convention on the Civil Aspects of Child Abduction.
Brazil Helps Kidnap American Children
By Bernard Aronson, Wall Street Journal Opinion
6-17-09 --
Nations distinguish themselves by gestures large and small.
In the coming weeks, Brazil will define itself to the United
States and to the wider international community by how it
treats a 9-year-old boy. . . . Sean Goldman was born and
raised in Red Bank, N.J., to an American father, David
Goldman, and his Brazilian-born wife. Five years ago this
week, Sean was taken by his mother to Brazil on what was
supposed to be a two-week vacation. He never returned. . . .
What should have happened next is clear, since Brazil is a
signatory to the Hague Convention on the Civil Aspects of
International Child Abduction. Under the treaty, one parent
cannot flee the legal jurisdiction where the child resides
-- "his habitual residence" -- to shop for a more favorable
court venue in another country to contest for custody.
Within six weeks of Sean's abduction, Brazil was obligated
under the treaty to return him to the U.S., where custody
issues could have been resolved legally. . . . The U.S., as
the treaty requires, has regularly returned abducted
Brazilian children. But Brazil has never returned any of the
66 American children abducted from the
U.S. to Brazil. The U.S. State
Department has repeatedly cited Brazil for violating its
treaty obligations. In Latin America, only Honduras boasts a
worse record. More than 1,600 American children are caught
in similar circumstances world-wide.
Child Abduction Cases on the Rise
Parent Child Abduction Cases
Increased Nearly 70 Percent in Two Years, Reports U.S. State
Department
By David Muir & Peter
Martinez, ABC News
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David Goldman & son Sean |
6-13-09 --
One father's quest to have his son returned from Brazil to
the United States has opened up discussion about
international custody battles and the lives they affect.
There are some 2,000 cases and
the number of new cases has increased nearly 70
percent in two years, according to the U.S. State
Department. . . . Just this week, David Goldman reached one
step closer to getting his son from Brazil, but this
bruising legal battle is not over. . . . Brazil's
Supreme Court refused an attempt by a Brazilian political
party to keep 9-year-old Sean Goldman from returning to the
United States to live with his biological father, David
Goldman, in New Jersey. . . . However, the Brazilian
stepfamily has filed an appeal, blocking the return for now.
President Obama has discussed the case with Brazilian
President Luiz Inácio Lula da Silva. Meanwhile, Secretary of
State Hillary Clinton has pushed for the boy's return.
Janet Greer's Story
NORTH
CAROLINA
Reunited after 12 long years apart
Matt Bradley, The National
Foreign Correspondent
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Janet Greer with her daughter, Sarah El Gohary.
Courtesy Janet Greer |
6-17-09 --
After 12 years of court battles, failed negotiations and
deferred hopes, Janet Greer has finally met her daughter,
Sarah al Gohary, for the first time since her father
kidnapped her and brought her to Egypt in 1997. . . . In the
intervening years, the three-year-old American girl Ms Greer
remembered has blossomed into a 15-year-old Egyptian
teenager. But while Ms al Gohary now shares little more than
blood with Ms Greer, a flash of recognition was enough to
fill the gaps left by differences in language and culture
and years of separation. . . . “She looked at me and my hair
… it’s long and blonde,” said Ms Greer, who has since
returned to her home in
North Carolina, in the United States. “The reason I
keep my hair that way is so that she will remember me. She
looked at me and she said, ‘yes mum, this is how I remember
you’. What can I say, that’s what I needed to hear.” . . .
Only days before, such a visit had seemed impossible. On
June 1, an administrative court in Cairo had decided against
allowing visitation rights for Ms Greer – a decision that
marked the culmination of more than a decade of battles in
Egyptian courts for custody and eventually, merely for
visitation rights.
Mom, daughter reunite after 'blank void' of 12 years
Meeting in Egypt ends forced
separation since 3-year-old girl was abducted by father
By Katie Urbaszewski,
Honolulu Advertiser Staff Writer
6-13-09 --
The last time Janet Greer had seen her daughter was in 1997,
when she was abducted in Honolulu by her father and taken to
Egypt. . . . Sarah Eloghary, nicknamed Dowsha, was 3 years
old at the time. . . . Since then Greer, 56, has endured 12
years of hell trying to find Dowsha and see her again. . . .
Last week, it finally happened. . . . Onlookers who watched
the reunion between Greer and now 15-year-old Dowsha —
Arabic for "noisy" — said the teen seemed shy and reserved
at the time. But when her father, worried that Dowsha might
be feeling overwhelmed by the experience, asked if she
wanted to go out and play, she said no, she wanted to stay
with her mother. . . . "That was the best thing I could ever
hear in my life," Greer, previously a 30-year resident of
Hawai'i, said yesterday from her home in North Carolina. . .
. The reunion marked an uncommon resolution to an
out-of-country abduction. There are about nine or 10
unresolved cases in Hawai'i of children who were abducted
from the United States, said Charlene Takeno, coordinator of
the Missing Child Center in Hawai'i. That compares with
about 1,000 U.S. children being kept illegally outside the
country, according to the national Office of Children's
Issues. . . . An estimated 75 percent of such cases are
never resolved.
Waynesville woman finally reunites with abducted daughter
By Susan Reinhardt
6-4-09 --
Janet Greer's moment finally arrived Wednesday — 12 years
after her daughter was abducted by her father and taken to
Egypt. . . . With Chris Cuomo from ABC's “Good Morning America” at her side, the Waynesville woman entered her
daughter's world, wrapped her arms around her, touched her
and smelled her hair. . . . She shed tears that never
stopped pouring from years of living with a broken heart. .
. . That heart broke when Greer's ex-boyfriend — who had a
court-allowed weekend visit with his then-3-year-old
daughter Sarah in 1997, never returned with her. Instead,
Magdy Elgohary got on a plane with Sarah in tow and flew to
Egypt. . . . Authorities in Hawaii,
where Greer and Elgohary were living at the time, issued
warrants charging him with felony kidnapping. . . . But
Sarah “Dowsha” Elgohary's family refused to let Greer to see
her own child. Even after the Egyptian courts awarded her
custody, the family intervened to stop it from occurring.
And local leaders refused to intervene on her behalf. . . .
Finally, the day she's dreamed and fought so hard for
happened Wednesday. . . . “I think she saw her in the
afternoon over there,” said Ruth Greer, Janet's mother from
their Waynesville home. “She said, ‘Mom, she looks like me;
tall and slender. She's got hair down to her waist.' She was
ecstatic.”
Mother Finds 'Peace' With Lost Daughter in Egypt
After 12 Years, Janet Greer
and Daughter Exchange Hugs, Gifts, Smiles
By Lee Ferran & Chris
Strathmann
6-3-09 --
Janet Greer had 15 minutes to prepare for a
reunion she's been fighting for for more than a
decade. . . . Twelve years ago, Greer's Egyptian
ex-boyfriend Magdy Elgohary took their 3-year-old daughter,
Sarah, to Egypt, and Greer has been
battling since that day to get her daughter back.
This week she traveled to Cairo in hopes of seeing Sarah. .
. . Wednesday, she received a call from the U.S. Embassy
that changed her life -- the battle was finally over, and
she would be able to see her daughter. . . . Nervous and
excited, Greer made her way to the
Cairo home of Elgohary's brother, where she and
her daughter, now 15 years old, finally met with a hug. For
two hours, the two were
allowed to catch up on nearly a lifetime of a
lost relationship. . . . Every time I would speak Arabic,
she would start laughing at me, which is a good thing,"
Greer said. "Every time she smiles, she looked just like me.
Exactly like me. I couldn't get over it." . . . When the
meeting was over, Greer exchanged phone numbers with her
daughter and received a piece of chocolate she treasures
like "gold." / Bond Not
to Be Broken . . . "I feel at peace in my heart,"
Greer told "Good Morning America" after the emotional
reunion. "I feel even if I go back to America tomorrow and
she is not with me, I still feel like the connection is
there now. I know I will see her again." . . . The trip to
Egypt didn't start out so promising.
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Hague Convention on the
Civil Aspects of International Child Abduction
From Wikipedia,
the free encyclopedia
The
Hague Convention on the Civil Aspects of
International Child Abduction is an
international treaty and legal mechanism to
recover children abducted to another country by
one parent or family member. The Hague does not
provide relief in many cases. A private industry
emerged to address this gap. Covert recovery was
first made public when Don Feeney, a former
Delta Commando, responded to a desperate
mother's plea to locate, and recover her
daughter from Jordan in the 1980s. Feeney
successfully located and returned the child. A
movie and book about Feeney's exploits lead to
other desperate parents seeking him out for
recovery services.
. . . By 2007, Both the United States, European
authorities, and NGO's had begun serious
interest in the use of mediation as a means by
which some international child abduction cases
may be resolved. The primary focus was on Hague
Cases. Development of mediation in Hague cases,
suitable for such an approach, had been tested
and reported by REUNITE
a London Based NGO which provides support in
international child abduction cases, as
successful. Their reported success lead to the
first international training for cross-border
mediation in 2008, sponsored by the National
Center for Missing and Exploited Children.
Held
at the University of Miami School of Law,
Lawyers, Judges, and certified mediators
interested in international child abduction
cases, attended. . . . Interest in developing an
international professional standard for
mediators handling international child abduction
cases continues to grow. Current US law as well
as State policy and standards governing the
training and certification of mediators reflects
the same standards and training as the UE.
Public data bases hosted by State Governments in
the USA list certified mediators. As well, those
NGO's involved in the mediation projects have
lists of those that have completed the
Cross-Border training. . . . International child
abduction is not new. A case of international
child abduction has been documented aboard the
Titanic..
. . [edit] ]</ref> However, the incidence of
international child abduction continues to
increase due to the ease of international
travel, increase in bi-cultural marriages and a
high divorce rate. Parental abduction has been
defined as child abuse.
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