Congressman Smith’s child abduction legislation passes through subcommittee

By Christopher Robbins, NJ.com

 

WASHINGTON – A journey of 1,000 miles begins with a single step – for federal legislation, that first step is usually passage through a congressional subcommittee.

Legislation on the parental abduction of American children overseas was passed by the U.S. House Subcommittee on Africa, Global Health, Global Human Rights and International Organizations, chaired by Rep. Chris Smith (R-4th).

“The damage to the child and the left behind parent is incalculable and too often life-long,” Smith said. “The children especially are at risk of serious emotional and psychological problems and may experience anxiety, eating problems, nightmares, mood swings, sleep disturbances, aggressive behavior, resentment, guilt and fearfulness. Parental child abduction is child abuse. These victims are American citizens who need the help of their government when normal legal processes are unavailable or fail. Too many families have been waiting too long.”

Smith introduced the legislation last week before hearing the testimony of ‘left-behind’ parents who remain in the U.S. while their children were abducted overseas. Several New Jersey families testified to the Subcommittee about their kidnapping ordeals and the heartbreak of being separated from their children.

The legislation, called the Sean and David Goldman International Child Abduction Prevention and Return Act of 2013, will next go to Foreign Affairs Committee.

The bill is named after David Goldman, of Tinton Falls, and his son Sean, who was abducted to Brazil by his estranged mother for five years only to be returned in [2009]. It would empower the president with new penalties to inflict on countries who refuse to return American children, and 18 new tools to try to secure their return.

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CLICK HERE TO VIEW FULL TEXT OF LEGISLATION

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Sean & David Goldman Act, introduced by Rep. Chris Smith, passes House subcommittee

 

April 27, 2012
BY KRISTEN DALTON
Greater Media Newspapers
Staff Writer

There wasn’t a dry eye in the room after the 15-minute video chronicled David Goldman’s five-year struggle to get his son Sean back in his arms after a tumultuous and highly publicized international child-abduction case.

Goldman shared his story with about 50 people on March 29 at Chelsea Senior Living in Tinton Falls, the same place that displayed “Welcome Home Sean” on an outdoor sign when the then-9-year-old returned to his father on Dec. 24, 2009.

“[It’s an opportunity] to strike while the iron is hot, to keep the light shining on the issue, absolutely,” said Goldman, whose struggle to regain custody of his son ended when Brazil’s Supreme Federal Court ruled against Sean’s Brazilian relatives and ordered that he be reunited with his father.

“We realized there are many thousands of other children and families in similar, not exact — because every case is a little different — but similar situations as mine and Sean’s. It’s just incredible that it continues and it’s getting worse,” Goldman said.

During the struggle to regain custody of his son, Goldman and a few friends founded BringSeanHome.org, a website that helps the thousands of families that are dealing with international child abductions.

According to the U.S. State Department, more than 3,200 new international parental child-abduction cases, involving more than 4,700 children, were reported between October 2008 and December 2010.

“I know what it’s like and my family knows what it’s like. Not only does it crush the parent, not only was I emotionally, mentally, physically, financially devastated, my family was,” said Goldman, who spent upward of $700,000 and went on 16 last-minute trips to appear before Brazilian courts.

“We need to help them [families]. Their voices, as mine did for so long, seem to just be falling on deaf ears, and if we can be the one voice, if we can be that voice to help them, we will do whatever we can to help them.”

Just two days prior to Goldman’s speaking at the Chelsea, the House Congressional Human Rights Subcommittee unanimously passed bill H.R. 1940, which was named the Sean and David Goldman International Child Abduction, Prevention and Return Act.

The bill is designed to empower the U.S. State Department with more tools necessary to bring home children who have been abducted from the country, as well as to enforce the Hague Convention on the Civil Aspects of International ChildAbduction.

The convention establishes the legal framework between the United States and 68 partnering countries, including Brazil, for recovering children wrongfully removed from their habitual residence and detained in another country. “Too many families have been waiting too long for the return of their children. Our current system with its endless delays and lack of proper accountability has failed too many. It is time for an approach that backs our demands with penalties and makes very clear to foes and friends alike that our children are our top priority,” said Rep. Chris Smith (R- 4th District), chairman of the subcommittee, in a March 27 press release.

Smith, who was the lead advocate in Goldman’s fight to bring Sean home, said that the bill “will put teeth into the U.S. government efforts to reclaim abducted American children.”

Goldman applauded Smith’s efforts, calling them the first of many steps that need to be taken to properly address the growing issue of international parental child abduction.

“We cannot keep allowing these countries to hold our American children, violating all laws, moral law even, without holding them accountable. More often than not, if they see what’s coming down the pike, they’ll return the children if they know they’re not going to be issued the number of visas they want, or we’re not going to be funding joint scientific projects, or we’re not going to give them tons of aid,” he said.

The website BringSeanHome.org now serves as a go-to place that provides information, resources, and may soon provide financial assistance through a grant program, for families suffering a similar fate.

Mark DeAngelis, one of the five volunteer directors of the Bring Sean Home Foundation, said there’s a very tough job ahead for the organization, which raises awareness about international child abduction and aims to prevent future abductions.

“[A]s David knows, [parents’] heads are spinning, their worlds have been turned upside down, and yet they believe that there’s an advocate in their government to help them with these children. Sadly, it really could not be further from the truth,” DeAngelis told the crowd.

“You end up caught in this bureaucratic maze of the State Department where you realize there is no advocacy. The word advocacy does not exist; you are basically just a statistic on paper.”

According to DeAngelis, the typical procedure involves nothing more than the processing of the case, which ensures a day in court in the foreign country where the child has been taken.

“The sad part is the department within our government that is responsible for working with these cases and trying to bring these children home is completely ineffective. They’re nice people, they’re caring people, they want to help, they just don’t have the ability to do so, they don’t have the tools they need to do so, and that’s part of the reason we need this legislation” said DeAngelis.

“We have a lot of work ahead of us. This is not an easy issue to advocate for. Things happen very slowly down in Washington, and legislation takes years to make its way through.”

Because Sean’s and David’s names have been attached to the bill, Goldman hopes it will gain recognition among people who have heard of their case.

“Someone sees the title of that piece of legislation and they get it, and they know how painful it is and how long and how arduous the battle is and how wrong it is,” he said.

“The whole entire thing was just a searing, burning pain right through me that never would go away.”

Looking back, Goldman said not once did he ever think about giving up on his son, despite facing overwhelming and heartbreaking odds of getting him back.

“Knowing that everything was black and white, that he should be home according to any law, and to have to fight and miss so much of— I missed his birthdays, I missed his first tooth falling out, some of his first words and going to school on the school bus. I missed every day just waking up and fixing him breakfast,” he said.

But now his son is 11 years old, and Goldman was able to help him get ready for his first Little League baseball scrimmage that evening. Sean will be turning 12 on May 25, which coincidentally, is the day that was declared as National Missing Children’s Day by President Ronald Reagan in 1983.

For more information about the Bring Sean Home Foundation, visit www.BringSeanHome.org. The organization will be having a golf-outing fundraiser at the Pine Barrens Golf Club in Jackson on June 25.

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On Tuesday, March 27, David Goldman and a group of volunteers from the Bring Sean Home Foundation (BSHF) traveled to Washington DC for the day to lend support to a piece of legislation aimed at preventing international child abduction and providing for tough measures against countries which fail to meet their international human rights obligations to return abducted American children. The press release below from the office of Congressman Chris Smith of New Jersey summarizes the day’s events. There is now a meaningful and realistic chance that this bill becomes law one day. Thank you to everyone for all of your support along the way. We still have a ways to go, but the significance of yesterday’s accomplishment is worth celebrating.

BACK ROW: Matt DeAngelis (Director, BSHF), Mark DeAngelis (Executive Director, BSHF), Congressman Chris Smith, David Goldman (Co-Founder, BSHF) FRONT ROW: Missy Capestro (Director, BSHF), Bernie Aronson (Former Assistant Secretary of State, Western Hemisphere) — in Washington, District of Columbia.

You can also follow the Bring Sean Home Foundation on Facebook (http://www.facebook.com/BringSeanHome) and view photos from the event.

Bill to Help Bring U.S. Kids Home Approved by Panel
http://chrissmith.house.gov/News/DocumentSingle.aspx?DocumentID=287389

WASHINGTON, March 27 – With David Goldman and other left behind parents from around the country at a congressional mark-up Tuesday, a bill designed to empower the U.S. State Department with more tools to achieve the return of children abducted from the U.S. and to enforce the Hague Convention on the Civil Aspects of International Child Abduction was approved by Members of the House panel that oversees human rights.

Congressman Chris Smith (NJ-04), chairman of the House congressional human rights subcommittee, saw his bill, H.R. 1940, now named the “Sean and David Goldman International Child Abduction, Prevention and Return Act” lauded by the panel members as a way to help bring thousands of American children who are victims of international parental child abduction, back home. According to the U.S. State Department, over 3,200 new international parental child abduction cases involving over 4,700 children were reported from October 2008 to December 2010.

“Parental child abduction is child abuse,” Smith said. “Too many families have been waiting too long for the return of their children. Our current system with its endless delays and lack of proper accountability has failed too many. It is time for an approach that backs our demands with penalties and makes very clear to foes and friends alike that our children are our top priority.” Click here to read Chairman Smith’s opening remarks, which spell out 17 presidential actions the bill provides to help recover U.S. children.

Smith said the bill, approved by unanimous consent, “will put teeth into U.S. government efforts to reclaim abducted American children by giving the President important tools that motivate other countries to more quickly respond to efforts to return an abducted child.”

At the mark-up were left behind parents and family members, including Goldman of Monmouth County, N.J., father of Sean Goldman who was abducted to Brazil. Goldman was engaged in a widely-publicized, grueling, five-year battle to see his son again and bring him home on Dec. 24, 2009. Unfortunately many ‘left-behind’ parents, unlike Goldman, have never seen their children again after the abduction.

Left behind parents Chris Savoie, Paul Toland and Douglas Berg all offered their personal painful experiences at the proceeding, as did a left-behind grandparent of two New Jersey abducted children, Nancy Elias. All spoke with reporters prior to the mark-up. Seated next to Goldman and the other left behind parents at the hearing was NBC Dateline journalist Meredith Vieira, who helped bring critical attention to Goldman’s case.

“H.R. 1940 as amended is also for the left behind parents and bereaved children who have been taken to countries that are not party to the Hague Abduction Convention,” Smith said. “Parents like Michael Elias, a combat-injured Iraqi veteran from New Jersey, whose ex-wife used her Japanese consulate connections to abduct little Jade and Michael Jr., after the New Jersey court had ordered surrender of passports and joint custody.

Smith said H.R. 1940 directs the President to take measured, effective, and predictable actions to aggressively advocate for our children’s return. Such actions range from denial of certain assistance to prohibiting the procurement of certain goods or services from the government or instrumentality responsible for the pattern of noncooperation.

“I hope that it will not be necessary to use the penalties provided in this bill,” Smith said. “In the best case scenario, just the possibility of adverse consequences will motivate the resolution of current open cases of international child abduction, and prevent additional cases from happening in the first place. If parents have no place to hide, they are less likely to run with the children.

All of the subcommittee Members attended the mark-up and all supported Smith’s legislation. Speaking in strong favor of passage were Ranking Democrat Rep. Karen Bass (CA-33), Vice Chairman Jeff Fortenberry (NE-01), Tom Marino (PA-10), Ann Marie Buerkle (NY-25) and Robert Turner (NY-09).

“We must act quickly and decisively to raise international awareness of the gravity of parental child abduction and galvanize the will of the international community to stop it,” Smith said. “This Subcommittee’s approval of this bill is a first step to achieving these goals.”

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PORTWASHINGTONPATCH.COM by ADINA GENN

David Goldman, the New Jersey father who spent five-and-a-half years fighting to reunite with his son Sean, spoke to nearly 200 mental health professionals at the Port Washington Yacht Club on Friday, Nov. 4, and Saturday, Nov. 5.

At age four, young Sean was taken to Brazil by his mother Bruna, who later informed David Goldman that both she and the boy were staying in Brazil, her country of origin.

David Goldman had the support of the Hague Convention, whose multilateral treaty strives to “protect children from abduction and retention across international boundaries by providing a procedure to bring about their prompt return.” Still in his struggle, he fought the Brazilian courts, even after Burna died tragically in childbirth, as Sean’s stepfather and grandparents aimed to keep the boy there.

Ultimately, with the backing of high-level government officials from Rep. Christopher Smith to Secretary of State Hillary Clinton and President Barack Obama, in 2009, David Goldman brought his son back to New Jersey, where they have lived together ever since.

Other parents, he told the audience, are not so fortunate.

“The complications – mentally, emotionally, physically and financially are very, very taxing,” David Goldman said. “Many just have to give up. They finish their days with a big piece of their soul missing, not knowing if they will ever see their child.”

Goldman is working to help return internationally abducted children though the Bring Sean Home Foundation.

Goldman, the author of “A Father’s Love, One Man’s Unrelenting Battle to Bring His Abducted Son Home” (Viking, 2011), was in Port Washington as the guest of the Great Neck law firm, Wisselman, Harounian & Associates. The firm has put together legal workshops for mental health professionals since 2003.

David Goldman

Mark DeAngelis – Bring Sean Home Foundation

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David GoldmanMaria Shriver, interviewed David recently here is one question and answer:

What is your vision for the foundation? What do you hope it accomplishes in the long run?

We want to educate the public on the issue of international child abduction and work with elected officials to push for reforms which we hope will lead to meaningful change in the way our government works to ensure the safe and prompt return of abducted children. Right now parents whose children are abducted fight against overwhelming odds to even see their children in many cases, let alone bring them back to their home countries, and this needs to change. We expect to be a leading voice on this issue and to provide support to parents who need help. BSHF raises public awareness of individual cases and provides a support network to guide parents through this difficult time in their lives.

In the last three years alone there have been almost 5,000 American children abducted to foreign countries and the numbers continue to increase at an alarming rate. The BSHF is working hard to make a difference by preventing future abductions and pushing for legislation that will reunite families by bringing more abducted children home to their parents.

Go to http://mariashriver.com/blog/2011/06/fathers-love-interview-david-goldman to read the entire interview.

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David Goldman and his Brazilian attorney Ricardo Zamariola are today filing an emergency appeal with the Brazilian Supreme Court to negate the stay order issued by Justice Marco Aurelius Mello. It is hoped that the Supreme Court will hear the appeal today, if not the court goes into its Christmas recess, not returning until February 2010.

Reacting to the events in Brazil on Thursday, Senator Frank Lautenberg of New Jersey placed on hold a trade bill now in the U.S. Senate that would benefit Brazil and other countries exporting some products duty-free to the United States.

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Breaking News

BREAKING NEWS – Thursday 17 December 2009
Brazilian Supreme Court justice Marco Aurelius issued a stay order on the return of Sean Goldman until February 2010 when the justice returns from recess. The stay order permits his review a writ of Habeas Corpus filed by Silvana Rebiero, Sean’s maternal grandmother who is not a party to this Hague Treaty case. In his statement to the news media the justice was reported stating that the case should be reviewed in accordance with UN Convention on the Rights of the Child. If that is permitted then the Hague Treaty on the Civil Aspects of Child Abduction is effectively repudiated by the Brazilian judiciary.

At this time both David Goldman and U.S. Congressman Christopher Smith remain in Brazil. We also do not know if David will be allowed to visit Sean while he is in the country.

BREAKING NEWS – Wednesday 16 December 2009 @ 19:00 GMT – 2:00 PM EST
The Brazilian Federal Regional Tribunal (TRF-2) today issued a unanimous ruling upholding the return order of Sean Goldman by Friday December 18th. Although it can be expected that the Lins e Silva and Rebiero families will file additional appeals directed at Brazilian Supreme Court Justice Marco Aurelius to stay the return order, David Goldman departed tonight for Brazil, accompanied by United States Congressman Christopher Smith (R-4) of New Jersey.

David stated today: “I’m hopeful, I can’t be optimistic because I’ve gone down there so many times, always under the guise that the rule of law will be followed and Sean will come home to me and his family, and that doesn’t happen.

Mark DeAngelis, the head of the Bring Sean Home Foundation, stated this afternoon that we will remain “cautiously optimistic” until David and Sean are on an airplane home and “the wheels are up.” The Lins e Silva and Rebeiros have filed +40 delaying appeals since the initial ruling this past June.

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