This morning I wrote on the latest so-called “ruling” by a Brazilian judge on the five-year long battle by New Jersey dad David Goldman for custody of his son, Sean, who is being held in Brazil against every international rule and convention.
In the “ruling,” the Brazilian judge said that David Goldman should have custody of his son.
However, there are some big, ridiculous “ropes” attached: David Goldman can “have custody” of his son for only six days a week, from Monday 9 AM until Saturday 8 PM, and…in Brazil.
Today, in the Washington Times, New Jersey Representative Christopher H. Smith, who has been valiantly fighting for Sean’s return to his father in New Jersey, had some very strong, but sorely needed, words to say on the case.
As Smith doesn’t mention the most recent turn of events, he must have written his article prior to the latest ruling by the Brazilian judge.
The Congressman’s essay provides an excellent background on the history of this tragic case.
Here are some of his most relevant comments:
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.
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.
The [Hague Abduction Convention Compliance] Report documents in detail what it describes as Brazil’s “patterns of noncompliance” as well as that of other countries. Brazil is one of the worst violators of the treaty and, among the 68 signatories of the convention, was singled out for its abuses.
Brazilian courts, the report notes, have a disturbing pattern of legitimizing abductions by claiming the abducted child has become “adapted to Brazilian culture.” In other words, for many of Brazil’s courts, if you abduct a child and manage to keep him or her in Brazil long enough, in defiance of the Hague Convention, he or she becomes yours.
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.
For our part, both the U.S. Congress and the executive branch need to do more. The passage of H.R. 125 by the House on March 11 sent a strong message that we will no longer ignore child kidnapping. Ditto for the Senate.
Now the Foreign Affairs Committee should hold hearings on the irreparable harm to thousands of children and left-behind parents caused by an ever-worsening global trend of child kidnappings. Congress also should consider my bill H.R. 2702, which would suspend special trade privileges Brazil enjoys on export goods worth $2.7 billion to the United States. Our country has extended these duty-free benefits to help Brazil economically. But if 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.
The bottom line is that the Lula government and some other governments are ignoring their commitments under the Hague Convention. Many American families are being severely hurt, and the State Department and Congress need to urgently turn our attention to the matter, and address it head-on.
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.
To tread the entire essay by Representative Smith, please go here
Rep. Christopher H. Smith, New Jersey Republican, is in his 29th year in the U.S. House of Representatives. He is a senior member of the House Foreign Affairs Committee.
The author is a retired U.S. Air Force officer and a writer.