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”
Oh I don't know if you remember but Elian Gonzalez was in this country after his mother died coming from Cuba. Our arrogant country gave him back to the father in Cuba, better life here or not.
a Head's Up from editor at The Moderate Voice
This is a warning to JudyLee. If you are misrepresenting yourself on this forum, your comments, all preceding will be erased from this forum and your IP address banned. It's one thing to have an opinion. It's another to purposely attempt to deceive.
dr.e
deputy managing editor, TMV
Are you kidding me?? He has had his son for a matter of weeks-no one swells up in a matter of weeks from not eating right unless they have a heart condition..Please research your facts before you judge..Did you see the pictures of Sean on the plane with David?? He was smiling not crying..As for the money-I can only imagine his financial debt after such a long battle..A battle that he did not choose but that he had no say so in..All things aside-lets stop berating David and start supporting David and Sean so this child grows into a strong,well adjusted human being with more compassion than alot of people are showing in regards to this case..
a Head's Up from editor at The Moderate Voice
This is a warning to JudyLee. If you are misrepresenting yourself on this forum, your comments, all preceding will be erased from this forum and your IP address banned. It's one thing to have an opinion. It's another to purposely attempt to deceive.
dr.e
deputy managing editor, TMV
Shame on you!
As a mother of two dual citizen (adult) daughters, always had to bring authorization from the father to travel abroad….when did
become legal to get into a international flight with a minor without both parents or the permission of the absent parent??
Grandmother is not responsible for child support!!!
As a mother of two dual citizen (adult) daughters, always had to bring authorization from the father to travel abroad….when did
become legal to get into a international flight with a minor without both parents or the permission of the absent parent??
As a mother of two dual citizen (adult) daughters, always had to bring authorization from the father to travel abroad….when did
become legal to get into a international flight with a minor without both parents or the permission of the absent parent??
I believe that when his wife first left with Sean, is was to be a vacation and David was to join them within a week, so I would believe that David did give permission for the travel “:vacation”:
Whatever…he gave permission…it was not a Kidnap…
I just finished watching the Dateline Special on this story and I must say that David Goldman is an extraordinary human being. To continue the fight for his son for five years when it would have been so easy for him to give up, really touches me. I lost my father at a young age and I can empathize with what it's like to not have a father. Congressman Smith also went above and beyond in his attempt to reunite a father and son. The fact that the Brazilian government wouldn't comply with International Law is absolutely appalling and disgraceful. I am so grateful that the legal system finally brought justice to this case and I am so happy for Mr. Goldman and Sean, that they can finally be a family again. Congratulations David and Sean, may you have a wonderful and joyous life together as a family.
Good luck and God bless.
Kevin G.
ms10: Giving your wife permission to take your child on a vacation abroad, is by no stretch of the imagination (or the legal system) giving permission for your child to be abducted…
Permission for 15 days only !!!!!!!!!!!!!!!!!!!!
“Grandmother is not responsible for child support!!! ” ???
I never said that !!!
Permission is what it is….permission…..not kidnap.
Oh well…he knew where the kid was….did not go on a spceship to another planet! Abducted is a little strong word!
When the mother refuses to return the son to his biological father, to his home, to his country, and the legal system gets involved, “abduction” is exactly the right word.
sorry MS10, you're wrong. The child was a citizen of our country, not yours. Our laws are different than yours. We call what the mother and grandmother and stepfather did, criminal child abduction, purposeful deceit, breach of agreement and several other things. The grandmother in the US would be considered obstructing the law and would likely be easily in contempt, and likely be sent to jail for a period of time. Like the word 'abduction, or not, it stands.
I'd also add from looking into the situation a bit farther in preparation to writing about the grandmother, that her celebrity as having a cook show on tv in Brazil holds no sway in these legal affairs. Here, she'd just be an obstructionist to justice; no one would see a cook on tv, they'd just see an aging matron trying to regain something that does not in any way belong to her, never did.
Sorry archangel we are all entitle to an opinion…Just because we do not share the same ones it does not mean I am not an American…
I am an American, a mother and I have a different opinion than you…
By the way, if you think you are so right why are so angry??? They boy is here anyway!!
Yes, a happy ending indeed, but my blood is still boiling over this travesty inflicted by the Brazilian government. And yes, I think the Brazilian government should reimburse him for his legal expenses and travel expenses for blatantly violating Hague international law. They were clearly trying to bankrupt him so that he wouldn't be able to “afford” to fight anymore. “Sure, you can see your son– just fly on out here”– NOT! World court, where are you now??
thats so ture .the same thing happend to me in harare zimbawe back in 2001 my wife took my twins to harare for a vacation i was to go but my sister took ill and i stayed behind .she had two monthsto live so i wasn't going anywhere.my wife called me and told me she wasn't coming back,i faght nine months with help from noone. the hage screwed up the whole case,what tshould have taken six weeks,took nine months with death threts thown in jail chased by cars people calling .it wall hell on earth so i wnt there got to court and they never herd of the hauge . after dealing with theses people for nine months sorry about my writing i had astock after this all happened .so after all the helli went though my now ex wife felt it was in the best entrest of the kids to come back wiht me to canada and all the death htrets ,so now there ticket had expierd and i had to go to the canadain embassy for help
Yup, youre right ms10. That's my opinion. And by the way, why are you so angry?
Great article!
honestyistheclue, although I understand your point about the mother possibly not getting custody had she expressed her wish to return to her home country, we will never know since she took the escape route. In any case she wasn't after what was fair and wouldn't allow David to see his son when he tried. As for after her death and your suggestion that David live in Brazil. First of all he had his own job here and second of all I wonder how long it would have been before the grandparents and step father had him framed and arrested on some trumped up charges. No it was better to make a clean break and get the son away. David seems to be a loving father and is prepared to help his son emotionally when needed. From watching DatelineSean looks like he is adabting well.
YES, AFTER PERMISSION EXPIRED…IN THIS CASE IS A KIDNAP.