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.
The author is a retired U.S. Air Force officer and a writer.