New Jersey Congressman Chris Smith, the Real Hero in the Sean Goldman Custody Battle
Jan 9th, 2010 | 76 responses
David Goldman, the father of the little boy who was abducted to Brazil five years ago, fought a more than heroic battle to get his son, Sean Goldman, back.
Actually, it was a monumental battle against a powerful, affluent, politically well-connected Brazilian family and against a less than just Brazilian justice system—a battle of classic David vs. Goliath proportions. But, while David Goldman was certainly the indefatigable fighter, the relentless warrior, the modern day Don Quixote and the ultimate champion for what is right—and for what is his—I will not call him a hero.
I will not call him a hero, for David Goldman is much more than that. He is a man doing what any father who dearly loves his young son would do.
While there were many others who contributed to this tragedy’s happy ending, including President Obama, Secretary Hillary Clinton, David’s lawyers, NBC, and the millions of supporters, the real hero in this long and hard fight is, in my opinion, New Jersey Congressman Christopher Smith, a 30-year Member of Congress, a Senior Member of the House Foreign Affairs Committee, and a father.
Congressman Smith got personally and legislatively involved after seeing a Dateline NBC report in January 2009 and has stood tenaciously with Goldman until Sean was returned to his father in what is so appropriately being called “the Rio miracle on Christmas Eve.”
As author of numerous human rights laws, including the Trafficking Victims Protection Act of 2000, Congressman Smith was the ideal partner and supporter of David Goldman.
In February, 2009, Congressman Smith traveled to Brazil with David Goldman and his personal involvement made it possible for David meet his son, for the first time after four long years.
On March 11, 2009, Smith introduced and had unanimously passed House Resolution 125, “Sean Goldman International Child Abduction Resolution,” calling on Brazil to fulfill its treaty obligations under The Hague Convention and immediately return Sean Goldman to his father in the United States.
On June 3, 2009, Congressman Chris Smith addressed the U. S. House of Representatives. In his powerful speech, “On Sean Goldman – Justice Delayed Again,” Smith said, in part:
The Brazilian government must more fully understand that these reckless legal maneuverings which have no finality or compassion or justice and bring dishonor on the Brazilian government. How long will President Lula allow this disgraceful charade to continue?
The Lula government has failed to honor its commitments under international law. And because of that a son has been deprived of his father, and a father deprived of his son. That’s unconscionable.
On June 4, 2009, Smith introduced H.R. 2702, a Bill “To suspend the application of Generalized System of Preferences for Brazil until such time as Brazil complies with its obligations toward the United States under the Convention on the Civil Aspects of International Child Abduction.” In effect, the bill would suspend special trade privileges Brazil enjoys on export goods worth $2.7 billion to the United States.
On June 19, 2009, in an article in the Washington Times, “Will Brazil Do the Right Thing?” Smith wrote, in part:
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.
After describing the five-year ordeal, Smith blasted the Brazil judicial system:
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…
In this quintessential David-verses-Goliath battle, the administration of Brazilian President Lula da Silva has systematically failed to comply with either the spirit or letter of the Hague child-abduction treaty.
…[I]f Brazil does not live up to its treaty obligations – at least 65 American children remain abducted in Brazil – something more than diplomatic chatter should underscore our resolve.
Smith concludes, “I hope the Brazilian government will resolve this international problem, live up to its duties under international law and restore its reputation as a nation of law and order. All the world watches.”
Smith has written similar appeals in other publications and press releases.
On July 16, 2009, Smith introduced H.R. 3240, “The International Child Abduction Prevention Act of 2009,” a bill that would ensure compliance with the 1980 The Hague Convention on the Civil Aspects of International Child Abduction by countries with which the United States enjoys reciprocal obligations, and would establish procedures for the prompt return of children abducted to other countries.
After traveling with David Goldman several times to Brazil, and personally sharing in Goldman’s many dashed hopes and disappointments, Smith arranged for David Goldman to appear before the Tom Lantos Human Rights Commission hearing on international child abduction and parental access, on December 2, 2009.
Testifying along with other ”left-behind parents” whose children are held in other countries, Goldman pleaded for Congress to not just hold hearings on the tragedy, but to “pass legislation that will ensure the U.S. government has the tools to return abducted American children immediately as the treaty requires and that other countries learn there are serious consequences for refusing to return abducted American children.”
Congressman Smith said:
International child abduction is a huge scandal that has been significantly enabled by ignorance, indifference, incompetence, or outright complicity by far too many governments around the world…The present state of affairs is unconscionable and must change. David Goldman’s situation cries out for an immediate and final resolution.
Largely because of Smith’s tireless efforts, Americans witnessed what hopefully is a “final resolution” to David Goldman’s “situation” on Christmas Eve in Rio when Sean Goldman was reunited with this father and when the aircraft carrying father and son back home to the United States finally did its “wheels up.”
Thank you Congressman Smith. While “all the world was watching,” you did something. You are certainly my hero and, I am sure, America’s hero.
Note: “Dateline NBC” aired a two-hour special on the Goldman case last night. It was riveting, and heartbreaking.
76 Responses to “New Jersey Congressman Chris Smith, the Real Hero in the Sean Goldman Custody Battle”
Dorian, what a great article. Not only have you done your research into the case, you were on target with the proclamation of Chris Smith, the hero. Thank you for mentioning those two bills – it's imperative to pass those bills to allow more children to be brought home. It was never a custody issue with these cases, it was abduction. Once the children are home, the parents can then go through the normal custody proceedings to settle for the best interest of the children. Thank you for this.
Thanks Jeannies. You are right, it was primarily fighting the abduction.
Dorian
You, David Goldman, so deserved to have your son. I have watched and kept up with your battle..The United Nations need to take a stand. Sean should not have been put through this ordeal. If this was handled correctly, you would have custody of this child and his grand parents in Brazil would have visitation. But, the way it has been handled…..Everyone needs to understand, it is not fair to a child to be torn between families. I find that to be so cruel. I am very pleased that your family can now enjoy their grandson, nephew, cousin…..Congratulations Mr. Goldman. This is all about Sean…not everyone else.
Best Regards,
Kim A. Payne
Perry, Oklahoma
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Sean Goldman looks neglected and not well. He doesn't get the same care as in Brazil.
I watched the Dateline NBC show last night (Jan.
and was mesmerized. I had heard of this story but did not have many details. What an unbelievable order for father and for son. What a story of the pure love and devotion of a good father. And what a sad story of desertion by the mother and child abduction. How sad for the people of Brazil that their court system could not bring swift justice. I wonder about the safety of the final judge and the earlier judge who had ruled in favor of the father? As well as the psychologists who spoke out against the family of the deceased mother. If you are in a loving, happy and secure family with no child custody problems, count your blessings. Many people in this world are not so fortunate, and the court system cannot always be counted on. Thank God for David's own family, for Congressman Chis Smith of New Jersey and countless others in the United States who helped David with this long and arduous fight, which included many personal blows from the Brazilian family. Thank God that David kept his strength to fight for the son he loved so much. And thank God that they are reunited!
I think Chris Smith had a big part in David Goldman finally being reunited with his son, Sean. I am so happy that father and son have been reunited. I can't imagine going through what David Goldman has experienced, and Sean for that matter. I am just so glad that Sean is back with his father!
Is this story about David Goldman or the son? Is the father working? Why he would ask for $ 500.000
Judylee….who are you? A Brazilian obviously……Sean actually looks overweight and in need of some sun! The father has literally went bankrupt with legal bills and flights to Brazil and do not forget all the long distance correspondence by phone, mail and through two hired Brazilian attorneys. The US govt. did not pay his legal bills…he deserves any money offered to him. I lived in Brazil (Sau Paulo) what a horrid place…the care there was socialist and only the rich could afford private care. You do not know what you are saying. Sean Goldman was kidnapped by the Brazilian wife..held Sean in collusion with her in laws and all the times David came to visit they either hid him or lied. Go to Brazil your a pot stirrer. You might like it there! Imagine all that great care, crime free neighborhoods and overpopulation!
That's right, the brazilian family is so rich and must pay for all his expenses for this battle.
His child was kidnapping. David Goldman must have his money back.
Yes, I am Brazilian from BHTE, MG and you all right !!!! And they must pay back for all David's expenses……
Type your comment here.
Wackyjacky
I am not from Brazil, I live in Norh America. As a mother and grandmother I feel sorry for Sean Goldberg. Watching the video I was stunned how miserble is this child. The pictures from Brazil show a well groomed child, you must be blind if you don't see the difference now. His face is swollen, he doesn't eat properly.
Mr. Goldberg is a young man, he should support his child and do not ask Brazilian family for money.
Where is his honour as a man, as a father?
No story is white and black, there are shadows…
Get job Mr. Goldberg! Good that you love your son, don't talk about it,
Just as important as it is to protect U.S children from international child abduction, we should also remember the “Children of Samoa” and other children who were illegally taken from their parents and adopted by U.S. couples who unknowing adopted abducted children. Just as we want to protect our children, parents in other countries need a voice to have their children returned to them.
Just the way it is…. You loose YOU pay !!!! This is the law in USA just the way it is here in 90% of the family cases!!!!
Besides that brazilian family kidnap Sean and now they have two reasons to pay back David Goldman.
We all agree w/ you, but now we are just talk about Sean Goldman.
Very ignorant comment. Obvious he must have all his money back. Still not enough for all the stress he had to go….
Melia, you proved my point.
It is about money, how sad.
We all agree w/ you, but now we are just talking about Sean Goldman.
How sad…. you don't get it ??? David Goldman did not ask for all this battle, he is not a rich man.
Try to put your self in his place…. He needs his money back. The Brazilian family in purpose make David loose almost all of his money etc… poor guy. Brazilian family uses millions to buy supreme court in Brazil etc.. so, why don't pay David Back???
and your FACTS for this judylee, are what? THought so. None.
“why would he ask for 500k”?
judylee? can you read? Google it. no one is here to inform you when you ought to be doing that yourself before you open your yap
“Brazil show a well groomed child, you must be blind if you don't see the difference now. His face is swollen, he doesn't eat properly.”
you seem to think judylee that your infected eyes are facts. It's just your cheap opinion. Lots of people here are parents and grandparents. So?
“Melia, you proved my point.
It is about money, how sad.”
Judylee, how did you get to be an aged matron without understanding the law of reparation. No, dont answer that. Doesnt matter
more than sad is judylee, Melija. She claims to be a grandmother. Pity her children and grandchildren
Melija, I live on the West Coast, far away from Brazil or New Jersey. I am proud of my hard work and the money I make. If I was in Mr. Goldberg position I would never ask for money. If the Brazilian family is rich, I am sure they worked very hard for their millions. Why Mr. Goldberg doesn't work hard to make money? His son is not going to be proud of his father and one day he will learn about it. Sorry, but there are no heros in this story. Sean was moved from luxury to misery.
Judilee sounds like the grandmother who poisoned her own child against her husband and the father of their child. You should be so ashamed of yourself. How could you treat your own child and grandchild like that? So many lies just to get your way.
No doubt you are the one who also encouraged your daughter to marry that “family lawyer” who could do your bidding. Didn't work out so well for your daughter. You should be ashamed, but you are probably too selfish to realize that.
I hope Sean never has to see you again. As time goes on, he will see you for who you are and that is not a nice picture.
Judy Lee. are you for real? It may not be your intention, but your statements come across as incredibly shallow, no offense. Judy Lee,
His name is David Goldman, not Goldberg, get your facts straight. Who are you to make that assumption? Sean Goldman is with whom he belongs, his Father, Not his Brazilian family who have shown that they have no regard of for Sean's best interest by seperating him from David. And by their continued disregard for the law and continued insistence of dragging the case out for years, causing unspeakable anguish and damage to both father and son. From what I've seen of their behavior and contradictory statements are they the right people to raise Sean? In my opinion, I don't think so. They continue to make unfair statements about David, saying money is his motivation. How dare they, just because they are priviledged they think that money is all that matters and the motivation behind David's intentions. Look, there's more to life than money, there's love and the two don't have any correlation. I've seen other people make the same statements and that's just ridiculous. You speak about 'Care'. I don't see any evidence of any real care from Bruna's mother, family and husband other than the care for their own wishes. They say it's inhumane that he was separated from them and his half-sibling on Christmas eve. It was inhumane of them to separate him from his loving father all those years ago. They have say David made no attempt to see Sean in all those years. This has proven to be untrue. Yes, he does not get the same 'care' that you speak of that he did in Brazil and I'm glad that he doesn't. He gets a care of an infathomable magnitude from his father, his one earthly father, David Goldman, and that is priceless, something that money can never, ever buy. Thank God for Chris Smith, David is blessed to have met him and the world is blessed to know that there are people like him who stand up for injustice in the world today. A true Daniel in the Lions Den story, David vs Goliath. God bless everyone.
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Deputy managing editor, TheModerateVoice
Wackyjacky…so it is ok with you that a rich person from another country can take your child and keep them??? Mr. GOLDMAN, not Goldberg, would have taken care and supported his child the last five years if his child was not KIDDNAPPED! You live up to your name…WACKJACKY..you aew Wacked
sorry wackjacky…my comment was for Judylee
Aw poor Judy Lee! So much bitterness and way too much time on her hands. Gosh, poor little thing.
Congrats to Sean and David!! Happy 2010 to you!!
Judylee, you say “if I were in his position”. You are not in his position and you should thank God you are not in his position. That means do NOT judge someone since you do not know what you would do in that situation. Maybe you are a crappy mother and grandmother and if in his position, you would allow the abductors get away with your child. Or maybe you would make getting your child back a full time job anad then maybe find yourself with no money. Do not judge. Spend more time thikning about how you raised yoru child and the example your child is giving to your grandchild, maybe you will be surprised at what a shitty job you did
Oh my gosh you so stupid!!! Brazilian family took all his money in this battle!!!!! David is not a rich man, doesn't have a rich family. You probaly doesn't know any better, don't you??? Brazilian Family
loose this battle and now is time to pay back David. Sean was kidnap…
Good Becky !!!
Great reply to Judylee
As the author of the original post, I have been reading the various comments, some obviously not well-informed (the comments not the “commenters”) as many of the facts are obviously hear-say at best, totally wrong at worst–starting with the last name of David and Sean Goldman. The post was intended to highlight the valiant role New Jersey Congressman Chris Smith played in this entire ordeal, not to malign either party. The mention of the Brazilian family being affluent, powerful and politically well connected is a fact, as has been proven over and over again throughout this entire “legal” process.
Just want to say that, as a grandfather, I totally understand the grief the maternal grandparents of Sean are feeling. However, they have had the opportunity for years of settling this abduction/custody battle amicably and according to international law. Finally, even the Brazilian justice system, very belatedly, decided to do what is legally and morally correct. Under any court system, Brazilian, U.S. or The Hague, custody of Sean will go to his biological father, unless there are extremely extenuating circumstances, which in this case are obviously not there. And just spreading unfounded rumors and repeating proven lies are certainly not “extenuating circumstances”
Judylee the boy looks just fine to me in the pictures with his real dad. As for the money the attorney said he could legally go to court and ask for them to pay his 500,000 in legal fees not that he has asked. Even if he does it would be his right. As for a job in case you haven't noticed he does have a job and his son will be well taken care of.
David and Sean,
I have been following your story for a long time. I am just so happy that you are together. you belong with each other. David, your patience and perseverence paid off. hats off to you for engaging all resources and fighting for your child. Sean will take time to adapt. he's been away for a long time, please be patient and understand his predicament. he should not have been put through this but he had to go through the brutal ordeal, he is going to be confused and angry, but i am sure he will eventually understand that you are his father and he belongs with you, not the manipulating maternal relatives who may have and will continue to poison his mind against you.
David , i have 2 boys, I love them more than i love myself and it is all about them just like for you it is all about your little boy. I grew up without a father figure and understand what a father means by not having my biological father ( died before I was born) and an indifferent stepfather.
David, take care of your precious little boy like gold and keep him away from evil.
God bless.
Raj
Obviously some of the people posting comments here do not have children. All of this is not David's fault! He took his wife to the airport and then his son was taken from him. I think the Silva family owes him millions for the time he lost with his son that he will never be able to get back, EVER! Him and his son's relationship is changed forever due the Silva family. I think it is outrageous that a family that is supposedly protecting children won't give a child back. How do you work or go on with life when your only child is taken?? I can't believe how callous people can be who haven't walked a step in his shoes. Some of you should thank your lucky stars you didn't have the same battle as this man did just to get HIS son back. I have followed this story from the beginning and have been outraged since the beginning. Had that family given Sean back at the beginning when Bruna died we wouldn't be discussing this now. Both of their lives and the Silva's lives will be changed forever from mistakes they made!
David Goldman is the #1 hero, but he could not have won without #2 hero, Congressman Smith. I have been faithfully following this drama since the first Dateline airing, and am so relieved that it is over. It absolutely made Christmas seem like a miracle this year. Have a wonderful life together, David and Sean!
I applaud everyone who helped David get his son back, especially Congressman Smith!!! I am so thrilled Sean is back in the US where he belongs.
Your command of the English language gives you away. It is apparent to everyone here you are a member of the family in Brasil. Go ahead and deny it, as you have never told the truth anyway. I think you are the ne'er do well, wannabe actor brother of Bruna, as your IP address in Rio, gives you away. You seem to impose on Mr.Goldman the character flaws you have, Luka, like not having a job except to keep your mother's apron strings tied around your umbilical cord. Don't bother answering back. and by the way, get a better translator the one you ae using stinks and a job for christ's sake. You are the SAME and ONLY one who Always comes on these forums and comments that David needs a job. How do you think he has paid his mortgage, to keep Seans room and house the way it was when he was kidnapped.How do you think he has paid 2 lawyers all these years and made all those documented trips to Brasil? Like Oh yeah, how come your BIL said Bruna was complaining that David was always out late working? YOU need a job Luka, maybe the new people that bought your mother's restaruant Quadifloglia, will give you a job as a buss boy, and maybe there you will meet some famous producer who will make you a star.
Hey, did you like the hostage video, the one of Sean held prisoner in front of a camera with a psychiatrist. He sure didn't look healthy and happy there. Oh, I forgot they didn't show that one in Brazil, Oh that's right, you were there behind the mirrors making sure Sean said exactly what he was told…you are a pathetic. Palhaço
Judy,
I personally think that you are overreacting to a beautiful story. No matter what money is involved, the beautiful part of this story is that a father and son are re-united after a very lengthy separation and a hard fight. Should David ever be re-imbursed for his “costly” venture to get what he wanted all along, “his son”, so be it. It is not for us to say that he did it for the money because all it did was cost him money to get his son, and he wasn't and didn't ask for anybody's help to do that. I would think if Sean did NOT want to be with his DAD, then I am certain there would have been visible signs to to the public. My hat goes off to David Goldman and Chris Smith for putting up a fight for what should never have gone that far in the first place. Good on you both for standing up for Sean and his rights too! I wish David and Sean all the best, and pray that their new life together will be filled with happiness and love. Lord only knows how much it is deserved!
who cares.. this child is with his father where he belongs… the scum in Brazil… should just shut up and remain the low life scum they are….. why do i say this… nothing short of scum would take a child away from a parent then keep that child in such filth….If the trash in Brazil reads this… GOOD… ROT IN HELL AFTER WHAT YOU DID….
Reality is that having that mother not taken the child the way she did, she would have had no chance of keeping her son in Brazil with her through our US Court system. She wanted custody of her son just as his dad did and she knew she would have had no chance if she told the court she wanted to move to Brazil with him. Think about it! Would a judge have given her custody knowing of her intent of moving to Brazil? Why should she lose her child custody because she doesn't want to live in this country? Why should the child remain in US vs Brazil? I think the best thing would have been for the child to go with his mother and have visitation with his father in mutual agreement and split the cost of visitations. But would that have been a choice? No! It would have been fine if the mother lived in any state as most of the custody cases, where the child usually stays with the mother, not saying that there are many fathers out there deserving the right to have primary physical custody and they do, but statistically this is the way it usually ends up. So if the dad would have been living in Brazil and felt the relationship was no good and decided to separate and come with his child to US, it would have been a case of “seeking better life” and not abduction. You would hear all over the news how they're keeping is child there in this poor country and he wants to give him a better live, bla, bla, bla… This is the problem with our arrogant country. Reality is that the child has the right to have both his mother and his father and if they would have divorced here in the US the mother would have had to be forced to live in a country that she clearly doesn't want to live in or be out of his life since she wouldn't have had physical custody and probably no arrangement for split payments visitations. Now with the current situation where the mother died, I do not think it was in the best interest of the child to just take him from what he has known for the past years. It should have been a process of visitation for about a year or so, maybe with the father living there in Brazil and make the move at the end of this period. The mothers parents would be very important for his development and I'm sure they've been cut off at tis point. Just my 3 cents, or 3 or 4…
Judy Lee, you are right, he doesn't look well at all. Remember, the videos were taken mere days after his rescue from his abductors. I'm sure the amount of stress they put him under caused him to gain weight and lose sleep. Poor boy. However, now that he's back with his Dad and away from his abductors, he will flourish and look well again soon!
Thanks to people like Congressman Smith, this story had a happy ending. I applaud his involvement early on in this drama. If I ever had any questions about visiting Brazil, they have now been answered. Not a snowball's chance in hell!
Afte watching Dateline NBC I was in tears. I am SO happy David got his son back . Sean belongs with his dad , not some want to be dad in Brazil. who do they think they are ??? Anyone one that can put a father and son thru what those “animals' put David and Sean thru are HEARTLESS.
David and Sean are a FAMILY a REAL FAMILY!! It is not about MOney Judylee , It is about LOVE a mom and a dad feel , and as you say you are a “mom and a grandmother” then you should reallyt understaned that it is not $$$$$ David was after he was after something PRICELESS!!!! He was afte SEAN , his SON his one and only SON!!!!!!
What a tortured, weird, illogical, biased way of reasoning to arrive at the results desired by the commenter.
Truly just 3 cents, or 3 or 4 worth, if that.
Well Bruna chose to come to this country and marry a man and have his child. That was her choice. It was not David's or Sean's fault she decided she didn't want to live here anymore. Like I said before once Bruna died after delivering her second child Sean should have been returned to this country. Visitations and other arangements could have been made at that time had the Silva family followed the law and not been arrogant. They chose not to and they are the ones who ruined this all for Sean. This all could have been prevented had they done this years ago when Bruna died. They chose to keep him, defy the law and hide him when David visited the country. This is not David's fault!!! The Silva family is responsible for all of this regardless of Bruna and David's relationship. Bruna chose to come to this country, that was her first mistake she should have stayed in Brazil if it is so wonderful there.