David Goldman Wins Custody Of His Son In Brazil

David Goldman has once again received a phone call that could change his life. A Brazilian judge upheld a ruling that Sean Goldman, the 9 year-old son of Goldman and the child at the heart of an enduring custody battle, must be returned to Goldman and return to the United States.

The Brazilian Supreme Court's top justice made the ruling after the boy's stepfather filed an appeal of a ruling that came last week which also ordered the boy returned to his father. Despite the fact that Goldman has been promised his son by court rulings before, this latest ruling could be the last word in the matter.

The custody battle began in 2004, when Goldman's ex-wife, Bruna Bianchi, took their son Sean to brazil on the pretense of visiting family. She never returned; instead she divorced Goldman and remarried businessman Joao Paulo Lins e Silva. She died during childbirth in 2008 and tough it may seem natural for Sean to return to his biological father, his stepfather and maternal grandparents retained custody. They have been fighting Goldman every step of the way, stating that Sean wants to stay in Brazil.

A major factor in this case is the Hague Convention, which is a treaty signed by numerous countries. The treaty states that a child taken from one member nation to another must be returned as quickly as possible to their country of residence. It applies only to children under 16. Brazil is a member of this treaty, as is the United States. By all accounts, Brazilian law should uphold this treaty and was mentioned during a previous ruling by a superior court justice that stated Sean should be returned to Goldman. That ruling was quickly overturned.

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Comments are posted from viewers like you and do not always reflect the views of this station.
  • by Judith Location: Malverne, NY on Dec 24, 2009 at 05:20 AM
    I am so happy for Mr. Goldman. This gentleman shows us how to be tenacious in life. Congrats!
  • by Karen Location: Salem, NH on Dec 24, 2009 at 04:01 AM
    What a Christmas miracle for David Goldman! I wish you and Sean a lifetime of happiness. You both deserve it!!!
  • by Linda Location: Southbridge Ma on Dec 23, 2009 at 07:43 PM
    thank God that this battle is almost over. I hope Mr. Goldman gets his son because he's the pioneer for all of us left behind parents. My son also was abducted in oct.24, 2008 to brazil by my wife (ex-wife now). he will be 5 years old in feb.2010. I'm also fighting in the brazilian courts to get him back. So this is good news for us. God help Mr. Goldman to get his son once and for all... Good luck to you Armando! Hope you get your son back too! Why no media on your case??? Happy Holidays to you! Will keep you in my prayers ... maybe you should hook up with David and he can help you thru your difficult time!
  • by Mo Location: SF on Dec 23, 2009 at 07:30 PM
    I am thrilled for Mr. Goldman. He has finally gotten his son back however, this never should have happened in the first place and not for five years. I am disgusted by the abuse of power by the Brazilian family who kept his son as a hostage. Shame on you Brazil!!
  • by Linda Rice Location: Southbridge MA on Dec 23, 2009 at 07:21 PM
    Hope you and your son arrive safely back in the USA and ejoy a wonderful Christmas together! Love to you and your son and family!
  • by Perl Location: Texas on Dec 23, 2009 at 07:03 PM
    I am so thrilled that Mr. Goldman will be able to bring his son home. I am a little sad for the little boy who will be moving to another country after this ordeal. How dare the mother abduct a child from his father. I blame the mother and the stepfather for this little boys plight. I hope and pray that Mr. Goldman take good care of this little boy. That he give him all the support and love that a child deserves. I am confident that one of these days, soon, Mr. Goldman will extent a hand to his son's Brazilian family. God Bless them all!
  • by David Location: Chicago on Dec 23, 2009 at 06:20 PM
    Five years to get this done?!?!?!? That is ridiculous and Brazil should be sanctioned for letting this take this long. Brazilians should be ashamed of this delay and of what it says about Brazil.
  • by Neecie Location: Michigan on Dec 23, 2009 at 06:14 PM
    I am very happy for Mr. Goldman! I am praying for a safe and prompt return to the US for them. FINALLY!
  • by lori on Dec 23, 2009 at 05:01 PM
    its about time, i am so happy for david and his family, what a great christmas gift for both david and sean, also how can a man that is not seans father put this child through this all these years, shame on him and his family, good luck to you david and sean
  • by Suzette Location: Tacoma on Dec 23, 2009 at 04:58 PM
    All I can say is get on the plane quickly. Those people are not too trustworthy to use a young child against his father. I can't imagine how the step father can hold his head with dignity given the nature of what he does for a living. This has all been unbelieveable. I am so thrilled for the Goldman family. Merry Christmas and the best New Year yet.

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