February 11, Another Positive Step Forward

BREAKING NEWS: A huge Win, today a panel of nine judges ruled unanimously that the case will be heard in the Federal court in Brazil, NOT in the Rio state court. We hope to have more details soon on the pending court proceedings which will follow this decision.

And let’s continue to make phone calls to our Congressmen asking for their support and co-sponsorship of House Resolution 125 (you can find more info on H.RES.125 at http://bringseanhome.org/hr125.html). THIS IS THE MOST IMPORTANT PROJECT WE SHOULD ALL BE WORKING ON CURRENTLY. There is some urgency to this project as President Lula of Brazil is coming to the US in mid-March and we need to exert maximum pressure on the Brazilian government ahead of this trip. The sooner we build the list of co-sponsors for this Resolution the sooner it will be signed by Congress.

Here is what we’ve been telling/writing House members, regarding: House Resolution 125:

Please co-sponsor House Resolution 125 (H.RES.125) introduced by Congressman Chris Smith of New Jersey. It calls on the Central Authority of Brazil to immediately discharge all its duties under the Hague Convention by facilitating and supporting Federal judicial proceedings as a matter of extreme urgency to obtain the immediate return of Sean Goldman to his father, David Goldman.

The National Center for Missing and Exploited Children has publicly endorsed this resolution.

Senator Frank Lautenberg Senator Robert Menendez Senator Russ Feingold
Frank Lautenberg Robert Menendez Russ Feingold

Senators Frank Lautenberg (NJ), Robert Menendez (NJ) and Russ Feingold (WI) Today introduced a resolution in the U.S. Senate calling on the Brazilian government, and the federal courts of Brazil to comply with the Hague Treaty on child abduction AND “…to assist in the safe return of Sean Goldman to his father, David Goldman,”

You can view Senate Resolution 37 online at:



306 Responses to “February 11, Another Positive Step Forward”

  1. katie says:

    Please email all of your friends and family again and ask for their support. If we can each get 10 people to make calls today, we can really make a difference!

  2. predfan78 says:

    This is the best news of the day! Now maybe Sean can finally come home. Does anyone have any idea, though, how long it will take for the Brazilian court to make a ruling? I am sure David is going through more anxiety now that the time is so much closer for him to bring his son home.

  3. roger says:


    I posted a full thread of comments about your question in the previous post, including contact info for the 16th. Federal Court in Rio to which exclusive jurisdiction was attributed yesterday.

    As a practicing lawyer in Brazil, I tried to emphasize that a FINAL decision on permanent custody may still take some time if you consider that the Lins e Silva most likely will appeal. Courts may be willing to speed up their time schedule for this case’s rulings if the heat is kept on in the court of public opinion and in proper diplomatic channels.


  4. BillF says:


    Lí seus comentários. São equilibrados e justos. Me orgulha como brasileiro.
    O povo brasileiro tem uma oportunidade ímpar de corrigir um erro cometido anos atrás e mostrar ao mundo que podemos ser uma grande nação exemplo.
    Apesar de todo o trauma ao qual Sean foi exposto, parte dele responsabilidade da nossa Justiça, ele é um rapaz novo e pode recuperar, naturalmente, sua vida ao lado do seu pai verdadeiro (David). Sem considerar que, tenho certeza, David não criará nenhuma dificuldade para que ele mantenha contato frequente com sua família no Brasil.
    Só precisamos AGIR, reconhecendo essa situação e acelerando o processo de retorno de Sean aos EUA.
    Espero e cobro isso da nossa Justiça Brasileira.

  5. edward says:

    COMMENT from BILLF>>>> Translated in babelfish.yahoo.com

    Lí its commentaries. They are balanced and right. It is proud me as Brazilian. The Brazilian people has an uneven chance to correct a committed error years behind and to show to the world that we can be a great nation example. Although all the trauma which Sean was displayed, part of it responsibility of our Justice, it is a new youngster and can recoup, of course, its life to the side of its true father (David). Without considering that, I have certainty, David will not create no difficulty so that it keeps frequent contact with its family in Brazil. We only need TO ACT, recognizing this situation and speeding up the process of return of Sean to U.S.A. I wait and I charge this of our Brazilian Justice. IT IS HOUR TO ACT.

  6. edward says:

    Also, thanks for posting the Federal Judges names and e-mail address.

    I e-mailed them this morning.

    ROGER<<< Yes, you are very correct in saying this could take some time.
    It took me 3 months in the courts in Norway when I appealed my ex-wife’s
    decision in the federal courts and then in the Supreme Court… This most
    likely will go to the Supreme Court for a final ruling…

    So everyone hang in there and continue to support David’s conviction in getting
    his son back to the US.

  7. julisstar says:

    I think that the only person that should keep Sean is his biological father. This is an absurd and I am a victim of Brazilian Justice System for 9 years, so I know pretty well how it works. I really hope that being a powerfull lawyer won´t suibstitute the real important matter on this boy´s life that is to live with his father, go back to his country and family. I totally disagree with the fact that Sean has a family here. They simply don´t care about what is better for the kid. If his mother was alive, the situation would be much more complicated emotionally speaking. But, this is not the case.
    Things done by evil minded person always gets God correction. It must take time, but Sean will be back to his dad. She already paid the price for being such low minded.
    I ask you why you haven´t take this public using TV brazilian channels? I think that many people here would like to help.
    Best of luck to you! Sean can count on me!

  8. Aimee says:

    Just wondering if anyone has any information on whether or not more of the media in Brazil will be picking this up? Is the “gag order” still in place?

  9. iescalante says:

    I’ve been following this since the Dateline show, seeing all the progress that has been made thanks to so many wonderful people who are doing whatever they can to help. I was so happy when I logged on to check my hotmail account and I see David’s story on the MSN today page. With all the attention this is getting and everyone’s work there is no turning back now.

  10. LukieD says:

    Guys, on House Res 125, we are getting feedback that many Congressmen have been somewhat dismissive of calls from non-constituents. That doesn’t mean that the calls are not helpful and could lead to these Congressmen co-sponsoring the resolution, but there is no substitute for calling your own Congressman/woman.

    So, let’s try to be as resourceful as possible. Take a look at the members of the House Foreign Affairs Commitee listed in the House Resolution 125 thread and google their districts and see if you have friends/family who live in any of these people’s districts. Then get them to call, or call on their behalf with their address in hand in case the staffers ask you who you are and where you live. I believe this is the best way to push these Congressmen to support and co-sponsor this resolution. Many of these Congressmen’s staffers are telling callers they will need to hear from more constituents before they agree to co-sponsor H.RES.125 even if it appears to be a worthy cause.

    BrazaBoy’s link above (http://www.govtrack.us/congress/findyourreps.xpd) is a great place to start.

  11. devinsmommy08 says:

    Just emailed Pres. Lula again as well as the Brazilian judges residing over the Federal courts (in Portuguese…hope it helps!)

    I don’t know how long all of this is going to take ( a ruling from the federal courts) but I am hoping that David is in a position where he can stay in Rio for a while longer to keep visiting with Sean….they need to strengthen their bond some more (plus, we don’t know what restrictions he has on his visitations….). Just can’t stop thinking about them….I want this to be over so they can go on with their lives as father and son.

  12. paigefaust10 says:

    OK, so I have a stupid question but I was hoping someone could help. My local Congressman has 3 offices I can contact, two locally here in Southern CA and the obvious in Washington. Would it be more effective to call the Washington office before the two local offices here in CA? I want to make sure my calls do not go un-noticed. Any help would be much appreciated. Thanks!

  13. LukieD says:

    paigefaust10, not sure it makes that much difference which office you call but the more i think about it, why not call BOTH offices, DC and the district office?

  14. paigefaust10 says:

    Yes, that was the obvious answer. ;-) Hhahaaa…thanks LukieD. Going to call them right now.

  15. paigefaust10 says:

    OK, called my local office and they didn’t even know about this! Wow…so I’ve left a “message” for Congressman Gary Miller and requested a letter back from him. I also referred to the website for him to review so that he knows that this is a legit bill. I’ll keep my calls going.

  16. reepwtusew says:

    Does David have the means to stay in Brazil until this hearing? I think that he should stay and visit Sean every day that way the Silvas will know no peace. Every where they turn will be David Goldman and the constant stress of having to deal with Sean wanting his REAL DAD. Have we gotten a date on this hearing? Keep making calls and be dilligent.

  17. LukieD says:

    Updated list of H.RES.125 co-sponsors:

    Hinchey (NY)
    Burton (IN)
    LoBiondo (NJ)
    Holt (NJ-12)
    Stupak (MI)
    John A. Boehner (OH-08)
    Michael C. Burgess (TX-26)
    David Dreier (CA-26)
    John J. Duncan, Jr. (TN-02)
    Scott Garrett (NJ-05)
    Daniel E. Lungren (CA-03)
    Mike Pence (IN-06)
    Jean Schmidt (OH-02)
    Joseph R. Pitts (PA-16)
    Peter King (NY)

  18. moniqueferris says:

    I don’t think it hurts to follow up call your congressman/ woman on all the numbers & ask where they stand on H. Res. 125. I noticed on day 2 I had a longer conversation with the person taking my calls. I will be calling again today.

  19. iprueher says:

    Finally had a chance to call Congressman Jim Himes, who represents the 4th District in CT. I left him a message. The indiviudal I spoke with had not heard about the resolution but did hear about the David Goldman case because of the media coverage. Will continue leaving Congressman Himes messages until I see his name on the list.

  20. Irish17 says:

    If it takes me to look up these people’s districts, write down an address and have it in hand when I call, I will do it. This bill has to be passed and I am willing to do what ever I can to get it passed.

  21. philandteena says:

    Called congressman Higgin’s office and left a message with a gentleman . he said he would forward it to Mr Higgins in Washington….so we will see

  22. paigefaust10 says:

    Can I ask another stupid question? I’m about to email Senator Barbara Boxer and Senator Dianne Feinstein. Should we contact our Senators or do we need support from the Congressmen/women first or are the Congressmen the only people who can support this? I didn’t think it could hurt but I want to make sure that they would be able to help in any way? I know…stupid question but I’m not politically saavy, so that’s why I asked.

  23. FoxyLoxy says:

    I’m not American so I haven’t called congressmen but I just wanted to mention some resources that would help you look up former classmates, professional colleagues, friends, military members etc. in the relevant districts and have the facility to contact them efficiently either by newsblast emails or perhaps posting on bulletin boards (or both). Professional networking sites like Linkedin.com and Spoke.com and alumni sites like Classmates.com and Reunion.com have millions of members, even globally, and good search features. For instance, you can look up journalist names in Brazil on linkedin.

    I think they all permit free membership but I can’t tell you offhand which allow emailing with that level (well Spoke.com allows 3 trial emails). Sorry, I don’t have time to check right now but just pointing you in that direction if you aren’t already using it.

    (I love the internet!)

  24. reepwtusew says:

    Can someone please translate this?
    Finalmente a justica brasileira derrubou a ordem de silencio imposta a este caso pela famosa famila de advogados riquinhos e hipocritas do RJ.Eles,que mantinham a crianca como refem, afastada de seu pai biologico, decretaram e ameacaram todos os meios de comunicacao brasileiros a nao publicarem o escandalo que estavam envolvidos.Uma afronta a liberdade expressao!A ironia disto tudo e que a familia e de advogados reconhecidos mundialmente por DEFENDER O DIREITO DA FAMILIA! Hipocrisia pouca eh bobagem, nao? Certamente a justica brasileira resolveu deixar jornais anunciarem o caso exatamente por que TVs e jornais nos Estados Unidos inteiro estao comentando o caso e dizendo a verdade sobre o Brasil, onde o rico-influente dita sempre as regras. Esta familia L&S deveriam ser processadas por abuso de poder,hipocrisia profissional e sequestro de menor. Espero e torco para quer David e seu filho ser reunam logo e pra sempre,aqui nos Estados Unidos,onde a crianca pertence.

    Contact the State Department OFFICE OF CHILDREN’S ISSUES:
    Call 1-888-407-4747 (from overseas: 202 501-4444) for answers related to questions concerning:

    International parental child abduction
    Intercountry adoption
    Recorded information on custody and adoptions
    Denial of passports to minors in certain circumstances such as abductions
    AdoptionUSCA@state.gov, AskCI@state.gov.

  25. MichelleGodde says:

    I just spoke to the people in Nevada Congresswoman Shelley Berkley’s office in DC and requested the co-sponsor H Res 125. The gal said she’d heard of David’s story as well as H Res 125. I hope to see her on the list soon.

  26. reepwtusew says:

    I think we should also be contacting this office. They deal with the Hague 125 directly and need to be contacted.

    Contact the State Department OFFICE OF CHILDREN’S ISSUES:
    Call 1-888-407-4747 (from overseas: 202 501-4444) for answers related to questions concerning:

    International parental child abduction
    Intercountry adoption
    Recorded information on custody and adoptions
    Denial of passports to minors in certain circumstances such as abductions

    Email addresses: AdoptionUSCA@state.gov, AskCI@state.gov.

  27. paigefaust10 says:

    Well, I went to both Senator Boxer’s website and under co-sponsorship, her webstie states:

    Barbara Boxer has sponsored 392 bills since Feb 4, 1991. of which 331 haven’t made it out of committee and 13 were successfully enacted. Boxer has co-sponsored 1876 bills during the same time period. (Starting Sept 17, 2008, these numbers do not include resolutions. In addition, the count of enacted bills considers only bills actually sponsored by Boxer and companion bills identified by CRS that were themselves enacted, but not if they were incorporated into other bills, as that information is not readily available.)

    The same goes for Senator Feinstein….what the hell?

  28. moniqueferris says:

    I use http://www.freetranslation.com/ A human translation is better it is not perfect but you can usually get the point.

    Finally to justica Brazilian knocked down the order of I silence tax to this case by the famous one famila of lawyers riquinhos and hipocritas of the RJ.Eles,que mantinham to crianca as refem, remote of his father biologico, decreed and ameacaram all of the means of comunicacao Brazilian to nao will publish the escandalo that were involved.an affront the liberty expressao! THE irony of this everything and that the family and of lawyers recognized world by FAMILY! Little hypocrisy eh silliness, nao? Correctly to justica Brazilian resolved to leave newspapers will announce the case exactly by that TVs and periodic in the entire United States estao commenting the case and saying the truth about Brazil, where the rich-influential one dictates always the rules. This family L&S should be prosecuted by abuse of be able to, professional hypocrisy and I abduct of minor. I expect and I twist for want David and his son be they unite soon and for the always, here in the United States, where to crianca belongs.

  29. reepwtusew says:

    The translation above was great. I got this article from a Brazilian media outlet. Just thought it would be nice to know what they are saying. Thanks moniqueferris!

  30. edward says:

    Use http://www.babelfish.yahoo.com this is a great site for translations.

    Finally Brazilian justice knocked down the order of silences imposed to this case for the celebrity famila of riquinhos and hypocritical lawyers of the RJ.Eles, that kept the child as hostage, moved away from its biological father, had decreed and threatened all the Brazilian ways of communication not to publish the scandal that were involved. One confronts the freedom expression! The irony of this everything and that the family and of recognized lawyers world-wide for DEFENDING the RIGHT OF the FAMILY! Hypocrisy little eh bobagem, not? Certainly Brazilian justice decided to leave periodicals accurately to announce the case why TVs and periodicals in the United States entire estao commenting the case and saying the truth on Brazil, where the rich-influential one said always the rules. This L& family; S would have to be processed for abuse of being able, professional hypocrisy and sequestration of minor. I wait and I twist for wants David and its son to be congregates and pra soon always, here in the United States, where the child belongs.

  31. rlw.mom says:

    Talking about Senate side… has anyone seen this news today? – It cames across my Google news alert.


    Here is the news link

  32. rlw.mom says:

    That is

  33. rlw.mom says:

    One last comment– when I call the New Jersey Congressmen (which I have done twice this week)… I tell the office aide that I am calling on behalf of David and Sean Goldman, constituents of New Jersey.

    It’s a NO brainer that ALL the NJ Congressmen SHOULD be co-sponsoring House Resolution 125!

    Call the New Jersey Congressmen today and tell them you are calling on behalf of David Goldman of NJ.

  34. sandgren says:

    I just contacted my Congressman, Roy Blunt, in Missouri and his office didn’t know anything about this resolution. They are looking it up and will see what they can do. I will keep in touch with them. They confirmed that it is best for constituents to call. The Congressmen will take them much more seriously.

  35. tuckwoods says:

    I just found this article online:


    It sounds like David Goldman’s trip to Brazil is over and he has flown back home. I’m always nervous about his safety whenever he is down there. I just look forward to the day when he flies back with Sean.

  36. roger says:



    beatriz.ronai@tvglobo.com.br (Producer)

    isabella.guberman@tvglobo.com.br (Editor)

    angela.garambone@tvglobo.com.br (Editor)

    eric.hart@tvglobo.com.br (Editor of International News)

    adriana.caban@tvglobo.com.br (Producer)

    monica.waldwogel@tvglobo.com.br (News Anchor)

    cesar.seabra@tvglobo.com.br (Editor-in-chief of NY Bureau)

    guliana.morrone@tvglobo.com.br (New York-based reporter)

    rodrigo.bocardi@tvglobo.com.br (New York-based reporter)

    jorge.pontual@tvglobo.com.br (New York-based reporter)

    lilia.teles@tvglobo.com.br (New York-based reporter)

    roberto.kovalick@tvglobo.com.br (New York-based reporter)

    daniel.wiedemann@tvglobo.com.br (New York-based news producer)

    Even if some of them return undeliverable, most will work, and they are all part of the same team and work in the same newsroom.

  37. roger says:

    And Gilberto Dimenstein, another influential journalist and human rights activist who does not work for Globo :



  38. paigefaust10 says:

    And just to clarify, they all speak English? I am going to email as many of those contacts as I can. Thank you Roger.

  39. Irish17 says:


    I could not agree with you more. When David goes to Brazil it is a nerve wrecking time. How ever this time due to Mr. Wonderful aka Congressman Smith being there with him, he had security from the embassy.

    Lets get those phone calls to the congressman done.

  40. Irish17 says:

    Oh by the way, I talked to my husband last night about calling the congressman. He said that if I was to call 800-555-1212, the operator must give you the 800 phone number to the congress representative in Washington DC.

    He also said that people here on the west coast are beginning to really talk about this case. Especially since he has a bumper sticker on his vehicle; as do I.

  41. paigefaust10 says:

    Irish17, are you in LA County or Orange County? I was wondering if the LA Times or Orange County Register new anything about this? We need to get word out there and I think I’m going to email someone at the OC Register.

  42. iprueher says:

    Where did you get the bumper sticker Irish17?

  43. Kimberly000001 says:

    Hi Paigefaust10 Im in OC too! I will try as well a little later today.

  44. paigefaust10 says:

    Kimberly000001, good…maybe we can tackle the papers together? The more media it gets, the more support we get. I just emailed Senator Boxer and I’m about to email Senator Feinstein.

  45. LukieD says:

    As mentioned here previously, the Senate has their own draft resolution out for this case. We should also mention that to the Congressmen when we call them. It shows it is a bi-partisan issue and has support in both chambers iof Congress. Let’s keep calling. I don’t think we should be calling Senators for now, only Congressmen.


  46. paigefaust10 says:

    Hi Everyone, I’ve been reading the discussion boards on Facebook and a girl named Tracey Bradshaw found out some interesting information on Joao Paulo Lins E Silva’s attorney. Below is a link to the discussion board. I think it needs to be read:


  47. teebee says:

    Does anyone know the Senate Resoltion number… Was getting the brush off from my Senator’s office the other day when I wrote asking to draft a similar resolution in the Senate… Now maybe the “esteemed” Senator Casey, from Pa. will join with his fellow Senators and sponsor the Senate version…

  48. Valkyrie says:

    I am following this story daily. It has consummed my life since I first read about it. My heart aches everyday when I think about the anguishment this Bruna lady has brought her then husband David Goldman and her own son. What an injustice of the Brazilian court! I’m doing my part and I am emailing every person I know about this sad story. I have emailed every newspaper in America where I know there is a huge Brazilian population. The Brazilian people need to know what is going on because in Brazil the newspapers and tv have been forbiden by law to tell the story – talk about democracy! Whoever is reading this do your part! Do something don’t just sit and wait for justice to prevail because it won’t if we don’t do anything! Thank you.

  49. LukieD says:

    Guys, let’s leave the Peter McKay discussion to Facebook and stay focused on the task at hand here, House Resolution 125.

  50. paigefaust10 says:

    Sorry….didn’t mean to distract from the task at hand.

  51. Kimberly000001 says:

    May I ask how much longer David will be in Brazil and if there is a Federal hearing date set at this point?

  52. Irish17 says:

    Irish17 is in LA county.

    The bumper stickers are no longer available. Sorry.

    By the way, yes I have contacted quite a few people at the LA Times about this case. I even gave them a “local” case about this type of thing to lead into with. Still nothing. Go ahead an try the OC register, how ever wait until all of the phone calls are done and we have this bill passed in the congress. It is of up most importance.
    I have also contacted Feinstein. She must receive at least one fax and/or email from a week on this. If she starts to receive from others it would be good. How ever the bill in the congress is in need of everyone’s attention at the moment. Lets focus on this first, then the senate bill and other issues.

  53. LukieD says:

    David flew home from Brazil last night and is down in Washington today for meetings about the case. We’ll let you know when we have more details.

  54. Kimberly000001 says:

    Thank you for the update. I am so anxious to know any new information. I am glued to this case like many others. Just about to get started on calls in California. Thanks again.

  55. tweinstein says:

    As many of you already know, my two children have been illegally retained in Brazil since August, 2006. I had all but given up hope on the Brazilian legal system, but recently, my spirits have been renewed. I am concerned however, that the Senators who presented the resolution did not include, as Congressman Chris Smith had, a reference to the other 42 cases(potentially 60-80 children) of United States children illegally in Brazil.

    Please reference this fact whenever you contact your respective senator or congressman.

    Thank You,
    Timothy Weinstein

  56. LukieD says:

    Today’s Asbury Park Press had another brief article regarding the decision yesterday moving this case back to the federal court in Rio.


  57. craigconnor says:

    Just a thought. Considering David is a New Jersey native we should contact Bruce Springsteen and Bon Jovi for their support.

  58. Irish17 says:

    Craigconnor, that is an excellent idea. How ever please until this bill in congress is passed, we need to really stay focused on this. With the President of Brazil coming to USA next month, this piece of legislation if it can get passed, can really widen his eyes, and really do some serious help to David & Sean and countless other families seperated by this devistating pattern of abduction to Brazil.

    As I said before, my husband really believes that if you call (800) 555-1212 and ask for that Congress representative’s 800 line in Washington DC that operator must give it to you. So now, if this is true, all it will cost everyone is time. How ever if you think about it, giving minimum of 30 minutes to making phone calls to this does not seem that bad when David & Sean have been seperated for 4 1/2 years & counting. Come on people, lets do this, lets get this done for David & Sean and all the other children who have been taken illegally to Brazil.

  59. roger says:




    beatriz.ronai@tvglobo.com.br (Producer)

    isabella.guberman@tvglobo.com.br (Editor)

    angela.garambone@tvglobo.com.br (Editor)

    eric.hart@tvglobo.com.br (Editor of International News)

    adriana.caban@tvglobo.com.br (Producer)

    monica.waldvogel@tvglobo.com.br (News Anchor)

    Cesar Seabra (News Director of NY Bureau)
    Phone # (917) 551-3515

    Giuliana Morrone (New York-based reporter)
    Phone # (917) 5551-3541

    Jorge Pontual (New York-based reporter)
    pontual@msn.com, cc producers Monica Barbosa (mona@globotv.com) and Renata Chiara (renata@globotv.com) and Luigi Soto (luigi@globotv.com)
    Phone # (917) 551-3510

    Lilia Teles (New York-based reporter)
    Phone # (917) 551-3542

    Daniel Wiedemann (New York-based producer)
    Phone # (917) 551-3557

  60. BrazaBoy says:


    So does that mean that Bruna and Paulo Lins e Silva were planning this with a lawyer before she abducted sean? If that is true this is a crime committed by this american lawyer by aiding Bruna. I am not sure if i am following this correctly.

  61. Jo says:

    I saw this ariticle at Brazilian web page for Brazilian judicial matters, called
    AD Referendum.net. I am pretty sure David is verry close to the victory. The Brazilians now are getting to know about the case and they will talk about it for now on. So don’t let us be distract by hearsay regarding this NY lawyer.
    Should not surprise anybody knowing Lins e Silva has a lawyer here. They will try to cover all corners. Don’t forget they are specialized in Family International Law.


    Quinta-feira, 12 de Fevereiro de 2009

    Agora, ao que tudo indica o caso caminha para um final feliz. Depois do pai biológico David Goldman obter o reconhecimento de visitar seu filho Sean livremente, mediante apenas agendamento, o Superior Tribunal de Justiça, por sua Segunda Seção (que é composta, além do relator, ministro Luís Felipe Salomão e presidida pela ministra Nancy Andrighi, integrada pelos ministros Fernando Gonçalves, Aldir Passarinho Junior , João Otávio de Noronha, Massami Uyeda e Sidnei Beneti, além dos magistrados convocados Carlos Mathias, Vasco Della Giustina e Paulo Furtado), em decisão unânime, proferida ontem (11/02), declarou competente o Juízo Federal da 16ª Vara Cível da Seção Judiciária do Rio de Janeiro para julgar a ação de busca, apreensão e restituição de menor promovida pela União Federal em prol do pai biológico e a ação de paternidade sócio-afetiva cumulada com posse e guarda e referente à mesma criança, proposta pelo padrasto.

    Era claro e evidente a ocorrência de conexão entre as ações que impunham que apenas um dos juízes fosse declarado compentente para tal a fim de evitar decisões conflitantes. Imprescindível pois a reuniões das ações.

    Havendo a presença da União nas duas ações, uma na justiça estadual e outra na justiça federal era indeclinável a indicação da Vara Federal como competente para proferir a decisão na esteira da indiscrepante jurisprudência do STJ.

    O menor norte-americano, nascido em 25/5/2000, veio ao Brasil acompanhado de sua mãe, em 16/6/2004, para passear alguns dias e não mais regressou aos Estados Unidos da América, apesar de todos os esforços despendidos pelo pai biológico no sentido de seu retorno. Durante todo esse tempo o pai não só não conseguiu reaver o filho como também ficou inclusive impedido de vê-lo e manter qualquer contato com ele.

    Se reconhecido que o menor ingressou no Brasil e aqui permaneceu depois sem autorização, a situação do menino era irregular no Brasil e deveria ter sido desde logo devolvido ao país de origem como determina a Convenção de Haia.

    Se não houver elementos contrários nos autos, creio que está bem próxima a solução com a defintiva devolução do menino ao seu pai biológico para retornar ao convívio de seu pai e avós nos Estados Unidos onde o menino nasceu e sempre residiu antes de ser trazido ao Brasil.

    Vamos aguardar os acontecimentos finais. Parece algo muito próximo.

  62. rachelle4 says:

    Above translated:

    Thursday, 12 February 2009

    Now, it seems the case goes to a happy ending. After the biological father David Goldman obtain recognition from visiting his son Sean freely, simply by scheduling the Superior Court of Justice, in its second section (which consists, in addition to the rapporteur, Luís Felipe Salomão Minister and chaired by the Minister Nancy Andrighi, integrated by the ministers Fernando Gonçalves, Aldir Passarinho Junior, João Otávio de Noronha, Massama Uyeda and Benet Sydney, besides the magistrates summoned Charles Mathias, Della Giustina Vasco Furtado and Paulo), in a unanimous decision, issued yesterday (11/02), declared competent the Federal Court of 16th Judicial Vara Civil Section of the Rio de Janeiro to judge the actions of search, seizure and return of less promoted by the Federal Government for the biological father for paternity and action combined with socio-affective possession and custody and on same child, as proposed by the stepfather.

    Was clear and obvious connection between the occurrence of the actions that required that only one of the judges for this compentente was declared to avoid conflicting decisions. Essential for the meetings of the shares.

    If the Union’s presence in the two lawsuits, one in court in another state and federal justice indeclinable was an indication of how Federal jurisdiction to make the decision in line with the jurisprudence of the STJ indiscrepante.

    The smallest North American, born 25/5/2000, came to Brazil with his mother, on 16/6/2004, to walk a few days and no longer returned to the United States, despite all the efforts made by biological father to return. During all this time his father not only failed to get the child but was unable to even see it and maintain any contact with him.

    If he recognized that the lowest in Brazil and then remained here without permission, the boy’s situation was illegal in Brazil and should have been immediately returned to the country of origin and determine the Hague Convention.

    If no contrary evidence in the file, I think the solution is very close to the defintiva return the boy to his biological father to return to the living of his father and grandparents in the United States where the boy was born and always lived before being brought to Brazil .

    We await the final events. It seems very close.

  63. philandteena says:

    Sean was born only 2 days after my son…….I hadn’t realized that until I read the article above. He is just a baby! He needs to be with his Dad. I called my congressman today and didn’t get thru to him. I could only leave a message. I have this website posted on my myspace page and I send emails out for support peridically. I want this so bad for David and the other families. My worst nightmare is to lose one of my children. I will pray for them all again tonight.

  64. Jo says:

    Thanks rachelle4.

  65. vinni says:

    Just emailed my congressman. Hope to see his name on the list.

    For Roger: how can Brazil Justice System allow such an injustice? what is there to argue in court? Sean has a biological father. I still do not understand the complicaton of David Goldman getting his own son. Please pardon my ignorance. Since I read this story, I cannot help but pray very much for David and Sean to be finally be reunited and come home to the US and for the e silvas’ enlightenment, that they realize the injustice they are doing. I was unable to sleep well the night I watch David’s episode at Dateline.

    Please let us continue to support our fellow American who continues to be treated unfairly in and by a foreign country. And who knows, Brazil is even probably a recipient of US foreign aid. And this is the thanks we get from them?

  66. rachelle4 says:

    No problem! Thanks for the info.

  67. Jo says:

    I am Brazilian married to an American husband, we bout know how Brazilian Judicial system can work against us.
    We fostered three kids from Brazil for 1 year, my nephews, after they were sent to an orphanage in Brazil.
    We brought them here legally, with a temporary guardianship, put them in school and everything else we could do for them, by the end of the process we were denied adoption and forced to bring them back to Brazil.
    The judge justified his ruling saying we were a mix culture family, and it concerns them. He even suggested that I moved to Brazil for while to care for those kids and to adopt only in my name because I am Brazilian citizen, and to take my American husband off the process. I feel sick every time I think about it. The kids are in Brazil, God knows how they live know. I wish I had spoke up back them.
    Only the public pression will turn David’s case around. We need to be laud, more them ever here and there. Overloading Brazilian media e-mails, fax, and telephones. Even the smallest news media in small tows will count.

  68. philandteena says:

    Since all the congressman are sleeping I wrote to my local news channel WGRZ and even Nancy Grace!!..The more attention this story gets the better. …and more people will be encouraged to call there congressman. Call or email your local news…we need to raise more awareness! More people need to know and call their congressman!

  69. DimitryG says:

    We need to pressure their system politically and economically. Find companies that deal with Brazil and affect their economy. Lets pressure them to boycott that country and boycott their products if they even export any. This is all about politics and corruption. Unless it hurts they financially and politically they wont do a thing. They dont care about human life and human feelings. They have thousands of kids die on the streets from drugs and gang acitivies and poverty. Why would they care about one child and one father.

  70. Bob D'Amico says:

    Let’s not badger Roger about the judicial system in Brazil. Brazil has a constitution and a vast body of laws just like the U.S. And let’s bear in mind that it is a fully self sufficient sovereign nation which obtained its independence in 1822. It has a population of almost 200 million, the second largest nation in the Western hemisphere. Geographically it is a bit smaller than the US (including Alaska) and its booming economy is the biggest in South America.

    Brazil is light years ahead of everyone in biofuels, the world leader, and is recognized as the first sustainable biofuels economy. The complete infrastructure is in place, we are years behind. BTW they use sugarcane which is a whole lot better than corn.

    Someone mentioned foreign aid – Brazil does not need foreign aid from the US or any other country.

    All that being said, no country is perfect, not even Liechtenstein, so let’s please stay focused on helping Sean and David.

  71. roger says:

    Thanks, Bob.

    For all of you wondering about legal systems: all of them comes with something called “due process of law”. This means that everyone is entitled to exhaust all available appeals at the expense of speed in reaching a final decision. That’s tough, but that how the U.S. court system operates and that’s how the Brazilian court system operate.

    We lawyers are fully aware that a lot of people disagree with this choice of “safety over speed” all over the world. These are the people that see something very disturbing such as Sean’s case on TV and have a very understandable gut reaction that makes them yell out “shoot him”, “kill her”, “death row now”, “send an F-16 to pick him up now”!

    No one can safely estimate estimate how long it may take for a FINAL PERMANENT CUSTODY DECISION. No one but the parties and their attorneys have access to the case files, because it involves a minor.

    And the reason why Brazilian courts have not already put an end to this very sad drama is that they must wait for the process to run its course towards a final decision. That involves appeals, and that includes eventual ones from David’s attorneys and the Brazilian Federal Union, who has supported David, in the very unlikely event that that some ruling in the middle of the proceedings is against not in their favor.

    Come on, people, let’s all take a deep breath and pressure people that can exert influence. That’s the best we all can do and all of us already know it’s made a difference!

    By the way, did someone already contacted Globo TV News Bureau in New York City? Those are hot contacts, especially since President Lula is coming to the U.S. in March and will certainly be met by some of you protesting about this case. Globo’s teams following the President will have no option but to cover the event.

  72. mss says:


    Perhaps you could explain why the case of Cassia Eller’s son, Chicao, was discussed in detail by every single Brazilian newspaper at the time of her death. It involved a minor and nobody cared about omitting his name. As a lawyer, please explain if Chicao’s and Sean’s cases are comparable in what concerns media restrictions. I’m really intrigued and I think Chicao’s case could be used as an argument when we contact the media in Brazil about Sean’s story. Obrigada!

    I’m going to email the Globo TV staff now. I’ve tried O Globo Newspaper but all my messages bounced back.

  73. roger says:

    There is only one explanation: a party may or may not seek such gag order and the judge may or may not agree with it, depending on the arguments presented by the parties in each specific case.

    Then, either the parties in Chicao’s case did not bother to keep it public, or the judge refused to see merits in any claim for a gag order, if any such claim was made by either party.

    As fas as I know, the gag order in David’s case is still in force, it could not be reviewed by this week’s decision and only increased international pressure will make it useless in practical terms.

    The gag order was declared by a state judge and the federal judge now in charge of the case has nothing to do with it and has no jurisdiction to review it.

  74. naiarax says:

    Hello all,
    Like everyone here, I am also doing everything I can and I would like to show my support. I am also Brazilian and I cannot stop following his story since I heard about it… As a side note: David story is on the first page when you log into your Hotmail account… I am sure it will reach out to more people, including Brazilians…
    Good luck to you, David!

  75. anna42 says:

    I have e-mailed Globo (per Roger’s emails) this morning and only two have come back undelivearable. (monica.waldvogel@tvglobo.com.br & giuliana.morrone@globotv.com). The others seem to have gone through.

    I have e-mailed the Committee on Foreign affairs and called them as well. He told me he would e-mail me today with information on what else can be done. I am hoping he wasn’t just giving me a line.

  76. sergio says:

    Something is really wrong with the press in Brazil. I have contacted Globo a few days ago and talked to Jaqueline 917-551-3500. I explained the issue to her “IN PORTUGUESE” so there was no misunderstanding and she promised me someone would call me back. never heard from anyone so I tried to call again and again at several different times in the day but I guess the caller ID is giving me away and all I get is the voicemail.
    I also looked into buying an ADD or a few of them and put it just at the end of Jornal Nacional and the Novela but they refused it.

    My only guess is that they may have been bough out by the Lins e Silva too or just too scared of them. That goes to show the power those people have.

    here is a link to email Jornal Nacional:
    the date input must be dd/mm/yyyy

    Does anyone know the email address of William Bonner and Fatima Bernardes of Jornal Nacional?

    Hurray to all that are helping, it is making a difference, the issue is spreading in Brazil, lets keep up the pressure, continue to send emails to every one in your contact list and ask them to forward to theirs. The Internet media is one thing Lins e Silva CANT control. :)

    Roger, thanks for the incites, I do hope you never have to deal with the justice in Rio, they do have their own law and run their own show there. Every lawyer I talk to in Brasil frowns big time when I mention that this case is in Rio’s courts.

    Jo, your judge’s justification is full of bull… I have 2 grown kids in a mixed Brasil/US/Mexico culture and they are proud of their mixed upbringing. They are very outspoken of the great value this mix has brought them.

  77. BrazaBoy says:


    As far as I know, the gag order was not a request. It’s required by law on every case of custody. So it doesn’t make sense that Chicao’s case went puplic and this one didn’t.

  78. litenloppa says:


    I’m new to this site and am not entirely certain what has and has not been done so far – but – has anyone contacted Oprah and other similar talk shows?

  79. mss says:

    Since Globo refuses to publish anything about David, I’ve been thinking of posting comments under news articles on O Globo Online (most of the articles allow comments from readers). I believe they would be particularly effective if posted under the articles about a Brazilian lady who was supposedly attacked by neo-nazis in Switzerland earlier this week. The Brazilian press and the Government are treating this story as a diplomatic case. It’s getting a lot of attention in Brazil.

    I think that comments, provided they are not subject to approval to begin with, would be deleted eventually but I’m sure some people would read them before Globo takes any action.

  80. rlw.mom says:

    litenloppa- I have written Oprah MANY times.

    And I have contacted Nancy Grace many times too-

    And lastly, I have e-mailed People Magazine regularly too-

    I feel all of them should be covering David’s story. Contact them and ask. The more requests they get, the more likely they might cover David’s case.

    I have not contacted US medis this week… for I have really been working on calling and e-mail members of Congress.

  81. roger says:


    One thing is that proceedings and decisions are kept closed out to the general public so you and I can’t go to court to look them up. That’s the rule in custody cases, as you rightly point out. However, in Cassia Eller’s case, once the whole thing leaked nobody involved in the case thought it was worth it to ask for their attorneys to stop talking or asking for a gag order on the media. There are no automatic fines for running stories on custody cases and the media does it all the time using only initials of the kids, for example.

    This time around the Lins e Silva did request not only that their right to a secret proceeding in custody cases be strictly enforced but also pre-empted leaks and media by obtaining a gag order establishing fines to some members of the press that tried to run the story and to David if he tried to talk to the Brazilian press.

    I hope this explains the reasons for the different treatment of the two cases. It certainly did not result from the law itself, as you rightly points out.

  82. devinsmommy08 says:

    Does anyone know the co-sponsor count…have anymore signed on? Hopefully, since Congressman Smith is back we can get some more added on……..

  83. BrazaBoy says:

    Where can find a time line of the this case?

  84. sergio says:

    I just did.

    Lets all ask her, just a click away.

  85. iprueher says:

    I emailed Oprah a few times last week too. Hopefully, they will get the message that this story needs her attention. Continue writing to her. I will do the same.

  86. roger says:


    Both resolutions pending in the U.S. House of Representatives and in the U.S. Senate present very clear and detailed timelines of the case:



  87. LukieD says:

    Updated sponsor list of H.RES.125

    Maurice Hinchey (NY-22)
    Dan Burton (IN-05)
    Frank LoBiondo (NJ-02)
    Rush Holt (NJ-12)
    Bart Stupak (MI-01)
    John A. Boehner (OH-08)
    Michael C. Burgess (TX-26)
    David Dreier (CA-26)
    John J. Duncan, Jr. (TN-02)
    Scott Garrett (NJ-05)
    Daniel E. Lungren (CA-03)
    Mike Pence (IN-06)
    Jean Schmidt (OH-02)
    Joseph R. Pitts (PA-16)
    Peter King (NY-03)
    Barney Frank (MA-04)
    John Boozman (AR-03)
    Jerry Lewis (CA-41)
    Frank R. Wolf (VA-10)

  88. prix says:

    Hello, like all of you I have been going through some blogs in Brazil that have talked about David’s case and I found one ,OPEN BOX, where this brazilian lady was saying good-bye to Bruna and then many brazilian people from the US and other countries have been leaving comments regarding Bruna and David, in one of them there was a Swiss lawyer saying that the case will be appealed until Sean is old enough to decide with whom he wants to live and that according to brazilian laws that is around 10 or 12 years old. Being a brazilian and knowing how slow our system is I begin to be affraid that this might happen. Therefore I’d like to ask for those of you who have contact with David how are his visitation rights. I guess he also should be pressuring to have more time with his son, even requesting a trip for father and son to bond together because if this is true that Sean can choose with whom he will want to live David better spend more time with his son and show his that there was a family life before Bruna kidnapped him to Brazil. What do you think?

  89. Irish17 says:


    Are you sure that Dana Rohrabacher is not a co-sponsor? I will have to call him again today. His aides had told me that he would.

    As far as what you wrote Prix, that is a concern. How ever I would be a little concerned about that as you never know exactly who is writing what. In other words, that might have been written by someone who supports joao paulo in this case and wants all of us to get extremely upset about that. One thing that I have always found in this case, the people who control this web site, will always say the truth, never matter the pain or joy of it. We have had an incrediable 8 days and jpls is trying to figure out how to get the momentuem back. He is also running sacred as the pure fact that the truth about this case is slowly leaking out to all Brazilians.

    Back to the phones I go.

  90. devinsmommy08 says:

    I must admit that this is the first time that I have even been involved in contacting any kind of US official, etc but I have been doing what I can to help. So I have a dumb question, but it is a question that I have had in my mind since Congressman Smith submitted the House Resolution 125.

    How many co-sponsors are needed before any action is taken with this bill? Also if the bill is passed (or expedited to the floor, so to speak) what happens then? Will passing this bill make the US take immediate action for Brazil to hand Sean over? What if they don’t hand him over despite US government orders? I’m sorry guys…I’m young and new to this and just not sure how it all works. Can someone please explain it to me?

    BTW, not sure where you guys are from…I think we have some from CA but not sure about the others. I am from AL……..in case anyone is curious as to how far this is reaching across the globe.

  91. paigefaust10 says:

    devinsmommy08, thank you for asking that as I was wondering the same thing. This is also the first time I’ve called my local Congressman, emailed, etc. This is a case that I truly support and would love to know more about the next steps after we get Congress to co-sponsor. You have asked all of the questions I was thinking. :-) I live in CA and the first I heard of this story was when I watched the Dateline special.

  92. moniqueferris says:

    I have called all the reps in CA where I am, NJ & all of HCFA. So now I am recalling my Congresswoman (Woolsey) & nearby representatives. One of which is Speaker of the House Nancy Pelosi. If anyone has a suggestion of another state that seems like it would be good to call their reps let me know. Also for those of you making calls in CA – Sam Farr 202-225-2861 & Diane Watson 202-225-7084 were very aware of the case.

  93. prix says:

    Thanks for the answer Irish17.
    Since I am not in the USA to help you all out with calls I posted something in my blog that is seen by people from many parts of the world. I have also emailed many people including the press in Brazil. Please let me know if you have any other ideas on how I could help David.

  94. ella.h says:

    I’ve been calling my congressman’s office in DC that seems to be better since when I call the local office they tell me that they will pass the massage along to DC. I’ve been going down the list of the members of the foreign affairs committee as well and some tell me they’ve had other calls while others seem to hear it for the first time. let’s keep up the good work.
    I don’t see my congressman’s name yet…can I call everyday? Or just a few times a week?

  95. Bob D'Amico says:

    Getting Nancy Pelosi, the House Majority Leader to cosponsor would give the resolution a huge boost. We’ve already got John Boehner (OH), the House Minority Leader.

    I am not sure but the resolution is simply a resolution, it’s not like a law that normally has sanctions (penalties) included. The key thing with this resolution is that it “calls out” and condemns the Federal Government of Brazil for failing to meet its obligations under the Hague Treaty. That is hugely embarrassing because the last line directing the US State Dept, reads:

    (C) take any and all other appropriate measures to ensure that Hague Convention partners return abducted children to the United States in compliance with the Hague Convention’s provisions.

    In plain English, I read that as asking the other signatories of the Hague Treaty to also rebuke Brazil and/or throw it out. No country would like that, it would be humiliating.

    To answer some other comments – we have repeatedly contacted the Oprah Winfrey Show. I personally, not speaking for the BSH.org team, can only assume they don’t care – Thursday’s “Blockbuster” show was:

    “How Gwyneth Paltrow Got That Body!”

    Need I say more……….

    Timeline on this case? Wow that would be a major project to write up. The closest thing we have to a timeline is “David’s Story” – “A História de David” which are accessed on the main web site. A timeline would be “nice” but may not worth the effort because people don’t dig through and read ALL the pages on the web site. All that being said, I am shocked with the huge number of visitors to the website each day. I’ve owned and operated very successful commercial websites for over ten years and would love to have just 25% of the traffic BSH.org receives daily.

  96. paigefaust10 says:

    So, I just realized that since I’m from Illinois and my parents still live there, I can call and email their Congressional rep. Am I correct that if I call, I have to refer to my parent’s address since I currently do not live there?

  97. paigefaust10 says:

    Bob, I don’t want to get off track with calling our Congressional reps, but do you think it would make a difference if Nancy Grace or Larry King could cover this story? I know many people who have tried emailing them to get them to cover it, but if we all try, wouldn’t that help? I know Nancy Grace doesn’t quit until she’s finished researching a story and Larry King is shown worldwide. Just a thought. :-)

    But I want to stay on track. I’m calling my reps again today in addition to emailing them. I’m also using my parents address in Illinois to call their rep as well.

  98. Irish17 says:

    As far as how this bill is passed. One of the nicer people that I have talked to explained that it will be debated in the committee then all going well. It will be sent to the floor of the house to be voted on. It is there that we face a possible issue. It must have at least 215 congress representatives to support it. That is 2-1-5 at the very minimum. I can not tell you how important all those phone calls, emails, faxes, etc are. Please forgive me, yet lets get this done. Lets let the energy of mr. wonderful aka congressman Chris Smith go to waste. Lets let him and everyone else know that we are serious and we want this bill passed.

  99. Kimberly000001 says:

    I have a phone number at CNN for the Senior Vice President and Senior Executive Producer, Larry King Live … would someone like to call and see if you can speak to Wendy. Lets not all do this….maybe just one or two people first who know the story well and see if it makes difference.


  100. moniqueferris says:

    Here is an email address for show ideas for The Larry King Show.

  101. moniqueferris says:

    I have called Speaker of The House Nancy Pelosi a couple times & hope we all will. Does anyone know who David’s rep is & if the are a co-sponsor? I tried typing in the Tinton Falls zip but I do not know they extra 4 #”S so I couldn’t find the rep.

  102. devinsmommy08 says:

    Yeah, I am really irritated at the news (and talk show discussions…Like Bob said GWYNETH PALTROW???? WHO CARES???) that is being reported while this is not! I have emailed and called all of them and no one seems to notice……Will keep trying though……

  103. Kimberly000001 says:

    Can we get a volunteer to call the executive producer of Larry King as listed in my posting above?

  104. JamesJosephs says:

    David’s Congressman Rush Holt is already a co-sponsor.

    As for Oprah, my wife told me that last week on Oprah the topic was world beauty secrets. There was a 10 minute segment on Brazil hosted by Ilana Rehavia, a BBC radio reporter and native Brazilian. She is on Facebook and her website lists her e-mail address. Perhaps she is worth contacting, if not just for her relationship with Oprah.



  105. FoxyLoxy says:

    I think it’s Rush Holt based on comments I’ve seen.

  106. FoxyLoxy says:

    Cont. from above:

    And based on the most current list posted it looks like he’s on board.

  107. devinsmommy08 says:

    Has anyone used Larry King’s blog???? I see it on his CNN page, but wasn’t sure if it would be effective? Might be a way to get heard!

  108. paigefaust10 says:

    Kimberly, I would volunteer for that but I’m currently at work and am not able to call at the moment. I might be able to later…is he located East Coast time?

  109. moniqueferris says:

    thanks FoxyLoxy! I have contacted Oprah before & now I am again & saying how disappointed I am this story is not on the show.

  110. Kimberly000001 says:

    Yes…East Coast Time.

  111. BrazaBoy says:

    Can someone explain why this order to send Sean back home did not happen?

    I just found this:

    to determine the return of the minor S. R. G. the place of habitual residence in the United States in thirty days, by tracking his mother B. B. G..
    In case of the statute of limitations for the return so unfounded, or before the mother refused to return, it must be performed on the child, with a search warrant and seizure.
    Inform the U.S. Consulate and the Brazilian Central Authority.
    It is the vote.

    Federal judge

  112. FoxyLoxy says:

    Sorry Kimberly, I can’t call right now either. Quick question though, has anyone emailed her links etc. to the story already?

  113. Kimberly000001 says:

    I have emailed links to the LKL show ideas but not to Wendy. maybe several of us should send her an email directly?

  114. moniqueferris says:

    Speaker of The House, Congresswoman Nancy Pelosi
    She represents San Francisco, CA

  115. moniqueferris says:

    I called & they gave me the email I listed above. Perhaps if one of the admins of the site thinks it will help they will call?

  116. FoxyLoxy says:

    That’s unbelievable Brazaboy. What does that mean at the end, “it is the vote”?

  117. moniqueferris says:

    Calling Pelosi would be a great thing for us all to do. You are forwarded to a message service. Since it is a message perhaps the time won’t matter? I made a point of saying it was non-partisan, non-fiscal legislation & that The Center of Missing & Exploited Children are publicly endorsing this case & mentioned this site spelling out S-E-A-N.

  118. FoxyLoxy says:


    I think it’s best if a whole bunch of people (including Facebook folks) email the “show ideas” address first on the same day, then one person email the exec producer info about this case and then someone follow up with a phone call to her.

    I’m not in media relations but I’ve dealt with PR companies that represented our firm and there has to be some strategy if you don’t have personal contacts otherwise I think it’s easier for them to brush it off because they get inundated with ideas and requests.

    Same with Nancy Grace.

  119. BrazaBoy says:


    I guess it means. it’s my decision or something like that. But roger can explain this better.

  120. gail says:

    BrazaBoy, I have been wondering the same thing. Where is Roger when we need him? This was ordered a long time ago. David also has full legal custody of Sean in the United States, so I don’t even see how Brazil can get involved? I have been emailing, calling, I’m so angry over all of this I could just scream. I have written Greta, Oprah, Larry King, Nancy Grace, all of them to no avail. We really need this on the TV every night. I have also written to the President (ours) and have not recieved a response. What else can we do? I’m in Southern California. I see that 3 Ca Congressman have signed on, but not mine. I have written and called him. Hopefully he will sign soon. I wrote to Hillary Clinton, why haven’t we heard from any of these people about this situation? They should be speaking about about this. I would also like an update as to what David’s next steps are and what the people in DC told him. Ugh, has really gotten to me.

  121. BrazaBoy says:

    FoxyLoxy, i supect it’s just a vote. I think they had 5 judges. 3 voted for bruna, 2 for David.

  122. FoxyLoxy says:

    Ok thanks, no problem. I was just wondering if it was one judge or that meant it was a panel that voted for that to happen.

  123. FoxyLoxy says:

    oops. Just saw your 6.38 post Brazaboy. Interesting.

  124. gail says:


    Can you tell me something. Since the Lins e Silva’s will not win this one, why would they continue to fight the inevitable? Why don’t they just give the boy back to his father? Do you think it is possible this might happen?

  125. roger says:

    I’m here, and I’m sorry to let you know that this was the dissenting justice’s opinion.

    He was explaining his reasons to disagree with a decision against David taken by a panel of his peers. This decision was taken by the Federal Appelate Courts of Rio de Janeiro in one of the many interlocutory appeals filed by the Lins e Silva. And that was back in 2005!

    So when I’m telling you all that you should expect a final decision about permanent custody anytime soon, I’m unfortunately dead serious about it.

    I’m sorry for those that can’t take any of this anymore and are totally sick of it, and you have every right to do so. But you all better believe that this is going to take a long time.

    Political pressure from U.S. authorities and international human rights organizations seem to be the best way to move forward. Do not wait for or expect the Brazilian courts to give permanent custody to David before a long fight.

    You should all consider again new and current strategies on how to wage an international public opinion outrage that ends up wearing out the Lins e Silva so much that they realize it’s not worth it anymore to keep filing these appeals against the whole planet. Many of these appeals are still to come.

  126. Kimberly000001 says:

    I dont mean to get off track…I know getting support for House Resolution 125 is the number 1 goal here. However, if any of those CNN international shows would GET THIS STORY on the air…there could be as big of an impact in Brazil as there has been here since the Dateline story.

    This might be a big effort for some…I will suggest it anyway. Look at this youtube video that a school put together for Presidant Obama telling him why they need laptops in class.


    I think if a bunch of people did a very short “plea” to get this show on the air…perhaps it could persuade CNN of the urgent nature of this. We could easily edit them together.

    A voice has even more impact than email…

  127. gail says:


    Have the Lins e Silva’s filed an appeal over this last ruling?

  128. Kimberly000001 says:

    Sorry. that wasnt the video clip I was looking for…but the idea was “add your voice”. The clip was a string of short webcam pieces urging support. There must be some way to get the attention of these producers!!

  129. litenloppa says:

    Hi all:

    I wrote to Oprah, Larry King Live, and Nancy Grace toady. I also wrote and called my congressman and I sent an email to Joao Paulo Lins e Silva. His email address – email: jplins@linsesilva.com.br is available at his lawfirm’s website http://www.paulolinsesilva.com.br. What is amazing to me is that he is an attorney specializing in family law – what irony!

  130. Kimberly000001 says:

    One more thing…Foxy Loxy is correct. There should be some strategy or the emails to the Media just blend in along with many numerous other story ideas.

  131. FoxyLoxy says:

    That may work to get their attention. Someone had also suggested doing something similar on i-reports. I haven’t actually watched those on the CNN website but I think it’s along the same lines.

  132. Kimberly000001 says:

    I think i report is the same thing. So we could submit it there or through the show ideas address or both.

    If just for one pre-determined day….we had 10 people per hour sending in their webcam clip…we would need 80 people to make one. Would it be difficult to get that many???

    They are easy to make and send if you have a webcam. Would they stand out?

  133. gail says:

    I don’t have a webcam but it sounds like a good idea.

  134. gail says:

    littenloppa, what do you say when you email the lins e silva’s? And do they ever answer?

  135. FoxyLoxy says:

    One last post for now.

    I’ve been wondering if it would be helpful for us (including any facebookers we can rope in) to organize into different groups like Bring Sean Home media, BSH Govt, BSH church groups, and whatever else…a group for fundraising ideas etc.

    I just feel it will be more effective if we streamline and co-ordinate our efforts. There are clearly many terrific, well-intended people working on all of this but I feel right now our efforts are a little scattered and people might get discouraged.

    And perhaps sometimes groups can band together or call out for more volunteers if they are working on a particular show or other endeavour and need more heft.

    Just a thought.

  136. Kimberly000001 says:

    I have been feeling exactly the same way!!!!

    Maybe there is one effort (like the House Resolution 125) that calls upon everyone and then in addition…some targeted groups.

  137. FoxyLoxy says:

    About the videoclips, I’d bet you could get a bunch of people on facebook to do that. They seem really enthusiastic and the rest of us could also send the emails the same day.

    Catch up with all of you later.

  138. litenloppa says:


    In short I told him that I was shocked that he, as a family law attorney, could behave in such a deplorable manner basically violating not only common decency but also his professional code of conduct. I have not receiced a reply yet and may never but I thought it may be a useful venue to contact him directly since it is his lawfirm’s email address and any correspondence is bound to reach him. I am planning on emailing everyone else too at his firm.

  139. milward89 says:

    I’m Brazilian… I never HEARD about this story… I just sent emails in Portuguese to all those Links… and I’ll start to spread this around my parents, friends and network.
    I hope someday (asap) David will be able have his son in his arms again.


  140. FoxyLoxy says:

    Kimberly000001on 13 Feb 2009 at 7:21 pm

    Good to know that. Ok, now i’m definitely out.

  141. Jaboo says:

    OK a few things we all need to be aware of. Just because this case is being heard in federal court does not make it a slam dunk. From what i gather reading this site (please correct me if im wrong) This case will be adjucated in district federal court in Rio. There will be a long drawn out appeal process, no matter in whose favor the judge rules. Keeping the international pressure on will hopefully make this process move forward more quickly. When it comes down to brass tacks this will ne decided in Brasilia by the supreme court. Now heres the catch. Brazil has 2 upper courts which hear matters. The first is the STJ, which i understand was the court which ruled to return this case to the federal level. The STJ hears matters of a personal nature, in otherwords matters between individuals. This is the second highest court in the land and if the question is strictly a custody hearing this will be the final court of appeal. There is no further appeal beyond the STJ. The other court is the STF. This is the equivalent of the American Supreme Court. They deal will matters of a public nature. so if the question is a violation of the Hague Treaty this would be the venue in which the case will be adjucated. As i stated earlier the STJ cannot be appealed however an STF minister may choose to review an STJ ruling and that body can overturn the decision. Now im sure your all saying it is apples and oranges, however truth be told we would much rather have this matter settled by the STF. I will explain why.
    Everyone is damning Joao Paulo but actually he doesnt quite have the juice you would all like to believe. It is his father Paulo LeS who is the real heavy hitter. He is the one who can influence and manipulate the system. JP is what we like to call in Brazil a Filho de Pai (daddy’s boy). He really hasnt made much of a name for himself, rather making a career riding on his daddy’s coatails.
    Now lets look at the way Ministers (justices) are chosen. In the STF, they are appointed by the president. Lula himself has seated over half the sitting ministers in the STF. The STJ however is chosen by a body of peers. Prominent amongst them is noneother than Paulo LeS. You can be rest assured that Paulo has a goodly portion of the STJ ministers in his pocket. As disgusting as this may sound Paulo has more influence with the STJ than the federal goverment, including President Lula himself. However Lula can influence the STF which is why we want this case to end up before them.
    Finally trying to get Globo or any of its numerous subsidiarys to puiblish this case is an exercise in futility. The reason being is that their favorite sunday edition family law columnist is none other than Paulo LeS!!!!
    What everyone here is doing is the right thing. Keep up the international pressure. Dont let this matter get buried by the wayside. Understand the mentality of the brazilian nation, they have a serious middle child complex. They cannot stand to made to look bad in the international arena. The brazilian people by and large are good honest hard working individuals who will not like one bit the fact that the LeS gang are making thier country look foolish in world opinion. By keeping the heat on it will help negate the influence of the LeS machine. This case is at a crucial point and efforts must be redoubled to ensure Sean is returned to his rightfull place at the side of his father.

  142. gail says:


    What more can I do, other that emailing and calling the US Congressmen? Can you suggest anything?

  143. DimitryG says:

    I am very dissapointed to see one of the lawyers above saying that we have to sit tight and let the law run its course. Obviously law is not on our side. Law in Brazil is slow and appeals take years. By time its done Sean will be a teenager, he will be brainwashed and his memory will erase most of his childhool. David will lose if the boy is asked who would he rather live with. At the age of 12. This is unacceptable. Brazilian law is based on corruption and powerful men.

    Gag order? What is that? You wanna tell me a murderer or a rapist can put a gag order on his case? No. Why kidnappers allowed to put a gag order on media?

  144. Kimberly000001 says:

    If Paulo LeS has a weekly column…he has quite a bit of exposure in this. Maybe that is why he recently tried to distance himself from his sons case saying something to the effect of “he was not involved in or representing his sons case”. This happened just after the word first began to “get out” after the Dateline story broke.

  145. gail says:

    I think our government is now involved and this will be resolved. Remember they said David was in DC meeting will people. Lets see what they update for us and let us know what is going on and who is helping. With the Senators writing to the Brazilian President and the Congress with H. Res. 125 I don’t think the Lins e Silva family can keep this kidnapping up much longer.

  146. sergio says:


    Outstanding explanation. The American culture does understand some of the political power some people have in other countries. It is futile to spend too much time in trying to get the press in Brasil to do something. we cant stop the pressure on them tho.

    I think the best way here is to make the international press to spread the news. I find hard to believe no one reading this knows someone high up in those newsrooms to push this harder.

    Maybe even dateline to run more on the issue. Lets keep up the pressure… Lets not get discouraged and as it was said, the Justice system in Brasil is SLOOOOOOW.

    Lets not forget that Sean is also a direct beneficiary in the fortune of the grandparents. :( I have no idea what that amounts to but from the dirty, off the wall and fierce fight they are engaging in, this maybe a good chunk of change they have no intentions of letting go off. $$$$$….

  147. gail says:

    Isn’t Dateline interviewing David again here shortly?

  148. roger says:


    Unfortunately you nailed it and you just summarize in one post what I’ve been saying for days.

    No way around but to keep mounting international pressure.

  149. gail says:

    Can we freeze the grandparents assets again? Maybe the lawyers ought to be thinking about that again? Also any assets the e Silva’s might have in the US? I would like to see a huge lawsuit against these people. I have contacted my husbands cousin, he’s an international attorney and one of the attorney’s that just won a whole lot of money agianst another county.

  150. DimitryG says:

    Jaboo thanks for the information. This is very valuable piece of info we all need to know to understand how system works over there. TIME is on their side. When you deal with kids at this age every day counts. And it counts against David and in favor of the kidnappers

  151. moniqueferris says:

    Wow I sure hope the international pressure Roger & Jaboo speak of will make the difference if the appeals process is long & arduous. Thanks for the legal perspective. Anything to bring Sean home sooner. Since Brazil’s president will be here mid March it makes sense Congressman Smith is pushing for H. Res 125 to pass soon so the bill can apply pressure to Brazil to return Sean in accordance w/ the Hague Convention.

    Would everyone when they are asking friends & family to call their reps add Nancy Pelosi’s info? I am really wanting to get her on board since she is Speaker of the House.
    202-225-4965. I am asking everyone I know as well as concentrating on everyone I know in San Francisco since they are constituents.

  152. LukieD says:

    Updated list of co-sponsors. GOOD JOB, we’re making very good progress.

    1. Maurice Hinchey (NY-22)
    2. Dan Burton (IN-05)
    3. Frank LoBiondo (NJ-02)
    4. Rush Holt (NJ-12)
    5. Bart Stupak (MI-01)
    6. John A. Boehner (OH-08)
    7. Michael C. Burgess (TX-26)
    8. David Dreier (CA-26)
    9. John J. Duncan, Jr. (TN-02)
    10. Scott Garrett (NJ-05)
    11. Daniel E. Lungren (CA-03)
    12. Mike Pence (IN-06)
    13. Jean Schmidt (OH-02)
    14. Joseph R. Pitts (PA-16)
    15. Peter King (NY-03)
    16. Barney Frank (MA-04)
    17. John Boozman (AR-03)
    18. Jerry Lewis (CA-41)
    19. Frank R. Wolf (VA-10)
    20. Brian P. Bilbray (CA-50)
    21. Jerry F. Costello (IL-12)
    22. Wally Herger (CA-02)
    23. Trent Franks (AZ-02)
    24. Mark E. Souder (IN-03)
    25. John Shimkus (IL-19)
    26. J. Randy Forbes (VA-04)
    27. Alan B. Mollohan (WV-01)
    28. Lincoln Diaz-Balart (FL-21)
    29. F. James Sensenbrenner, Jr. (WI-05)
    30. Doug Lamborn (CO-05)
    31. Eni F.H. Faleomavaega (AS)
    32. Diane E. Watson (CA-33)
    33. Ileana Ros-Lehtinen (FL-18)
    34. Michael E. McMahon (NY-13)
    35. Virginia Foxx (NC-05)

  153. vinni says:

    Jaboo: much thanks for the explanation and information! Now I am starting to understand a little bit of what is going on in Brazil and how its justice system is afftecting the Goldman case.

    To international pressure then…. and continuous prayers to David and Sean Goldman.

    Hang in there David! You are not alone in this battle!

  154. sergio says:

    I just got this: can someone comment on it and what can I do next?

    Thank you for contacting me regarding the United Nations (UN)
    Convention on the Rights of the Child. I welcome your thoughts and
    comments on this issue.

    I have received many letters and phone calls about the Convention,
    and I understand the concerns that many Americans have with provisions
    regarding the authority of parents, teachers, and the Constitution. As
    with all Conventions, it must comply with and be enforceable among existing
    U.S. federal and state laws before I will support it. Should the UN
    Convention on the Rights of the Child come before the Senate for
    ratification, you may be certain I will keep your views in mind.

    I appreciate hearing from you and hope you will not hesitate to keep
    in touch on any issue of concern to you.

    Kay Bailey Hutchison
    United States Senator

    284 Russell Senate Office Building
    Washington, DC 20510
    202-224-5922 (tel)
    202-224-0776 (fax)

  155. moniqueferris says:

    sergio What did you say in your letter?

  156. DimitryG says:

    Well Americans follow international law. Just remember Elian Gonzalez. Govenment and media and supreme justice were involved. Boy went back to his biological father. Obviously US supports child laws.

  157. sergio says:

    I think she totally missed the point or is making a big excuse.
    Please CO-SPONSOR House Res. 125 introduced by Congressman Chris Smith of
    New Jersey. This relates to a case of child abduction with Brazil,but also
    puts pressure on all countries to respect the Hague Convention on the
    Civil Aspects of International Child Abduction and return American
    children who were illegally abducted.

    for more information on this issue please visit the web site below:

    In the same site you will find the blog page with a lot of info, opinions
    and comments worth reading.

    If you need any more info please contact me at any of the numbers below.

    I feel confident I can count on you.

    A big THANK YOU.

  158. Bob D'Amico says:

    That response from Senator Hutchinson sounds like “boilerplate,” a template – form letter response to a completely different subject altogether. I would write back and say that her office confused another separate subject with Senate Resolution 11, The Sean Goldman Abduction submitted by Senators Lautenberg, Menendez and Feingold.

  159. greilly says:

    sergio… maybe we should remember this the next time she comes up for re-election? and remind our fellow voters about it also?

  160. greilly says:

    maybe if we have friends in OTHER COUNTRIES we should spread the word there also???? not just the US and Brasil.. ?

  161. moniqueferris says:

    OK I just have to say 35 co-sponsors lets keep it up!!! I just wrote to my friends in SF to call Pelosi. BTW there is a message & you can leave one after hours, but it does fill up sometimes so push for people to call soon. Wouldn’t it be great if her box fills w/ the same requests to co-sponsor H. Res 125? As a Californian I am disappointed there aren’t more co-sponsors from here. I will call Tuesday & let them know!

  162. prix says:

    Jaboo, thanks for all explanations given…I have the same sensation as you do. Having the resolution pass is great but in the last few days we haven’t heard anything on the news about it. Pressure also comes from the media and if we are not able to get this in Brazil we should try to get attention from international medias and like this Brazilians will become aware of this, from one way or another. I still have the impression that time is important in this case because if Sean turns 12 and he doesn’t have enough time to ‘know’ his father better than yes he might decide to be with his other family because this is the only one he has greater affection with and I am sure JP LeS knows this! I honestely think there should be two groups, people fighting for co-sponsors and people fighting for media attention. Have walks in New York, have little airplanes flying over Copacabana Beach and Ipanema beach on a Sunday carrying a sign written http://www.bringseanhome.com, I am sure we can think of million ways to attract media attention. The case of the Cuban boy turned when media was set in front of house where he was.

  163. philandteena says:

    My congressman isn’t on the list yet. i have called and emailed him several times. I just emailed him again to tell him I was very saddened to see that his name wasn’t on the list. I feel so helpless. What else can I do? I am a stay at home mom with a lot of time on my hands. Please, if there is anything else I can do let me know! My email is philandteena@aol.com if it is more convenient for anyone to let me know what I can do? I have also written to Nancy Grace and Dateline. I guess if it is going to be a long process it can’t hurt to have the media raise more awareness. Kimberly mentioned picking a day and flooding a certain TV show the same day. I’m up for that although I don’t have a webcam. Just let me know if we are going to organize something like that. oprah seems to have a lot of pull and viewers and is also tight with the president. Should I call my senator? That would be William T. Stachowski. I have to admit i’m not very “politics” savy so reading these blogs sometimes leaves me more confused.

  164. LukieD says:

    Guys, we just got confirmation today that President Lula is meeting with President Obama in Washington DC on March 17. Someone has posted a Discussion thread on Facebook “Washington DC Rally March 17″. I think that’s the best place to have the discussion and plan the events of the day. We need to make this trip for Lula as uncomfortable as possible. Let’s get to work.


    Also, with regard to House Resolution 125, next week is a perfect week for us to make progress on this because the House is in recess (no votes) yet all the staff is there so these Reps and their staffers should have plenty of time to take a close look at this resolution.

  165. moniqueferris says:

    Speaking of media I just got this email from Jorge Pontual at TV GLOBO:
    Thank you Ms. Ferris, I’ll consider your request and I’ll look into the matter. Best regards, Jorge Pontual
    from address:

    Perhaps more should contact him? Also I did as Roger suggested & cc’d these addresses:
    mona@globotv.com; renata@globotv.com; luigi@globotv.com

  166. philandteena says:

    monique ferris …..i will contact these people…could you tell me what i should say?

  167. Jo says:

    I saw this post at Orkut blog, I just can’t believe it.


    It is a case from 2005 where JPLS defended a father from Canada, who had his son kidnapped by his Brazilian wife to Rio de Janeiro. JPLS won the case even after the mother proved the father was an alcoholic and verbally abusing the family.

    Processo n.º 2005.51.01.009792-921

    “…Imposto, no entanto, pelo princípio do acesso à justiça, é dever de qualquer juízo garantir a efetividade de suas decisões – e, assim, conforme o caso, adotar a medida assecuratória adequada, como dispõem as normas dos artigos 798 e 799, ambos do Código de Processo Civil.
    Na situação em exame, a par da certeza – não apenas fumus! – da real existência do direito sustentado pela parte autora – convicção que manifesto, no exercício de cognição plena, como exposto nas seções anteriores da presente fundamentação –, convenho, também, com a presença, in casu, do elemento de periculum, haja vista a possibilidade de a ré dificultar o cumprimento do julgado, mediante simples ocultação do menor.
    Cumpre-me, pois, assegurar a futura efetivação da tutela jurisdicional ora prestada – para o que, considero bastante a proibição de que L.B.L. (A CRIANÇA) deixe a seção judiciária do Estado do Rio de Janeiro, sem expressa permissão deste juízo.
    Por essas razões, julgo procedente o pedido inicial. Defiro a busca e apreensão do menor L.B.L. (A CRIANÇA), qualificado nas fls. 06/07, para ser posteriormente encaminhado à Autoridade Central canadense, de acordo com o que estabelece a Convenção da Haia sobre os Aspectos Civis da Subtração Internacional de Crianças”…

  168. moniqueferris says:

    philandteena here is what I wrote
    Dear Mr. Pontual,

    I respectfully request that you report on the David & Sean Goldman case. This is a very newsworthy case of great international importance. This case is hurting relations between Brazil & The United States because Brazil is not honoring the Hague Convention to which it is a signatory. As an American I am very concerned about the Brazilian governments stance on what seems to be a clear case of a father being deprived his son. I would really appreciate this case being reported to the Brazilian public as I am sure many will be equally concerned as I.

    Thank you kindly,
    Monique Ferris

    Then I said he could find more information about the case at bringseanhome.org

  169. prix says:

    SO that means the boy was sent back to Canada, can that be used in the case as “jurisprudence”.

  170. gail says:

    What does jurisprudence mean?

    I’ve just emailed my Senator and all the other Senators again. I even emailed Donald Trump, you never know.

  171. gail says:

    I also emailed TV Globo

  172. BrazaBoy says:

    look what i just read on facebook:

    João Paulo Lins e Silva represented canadian father who had his child abducted by his brazilian wife.

    The father was accused of being addicted to alcohol and being absent. He represented the guy to get his daughter back, even though he had a child (Sean) under the same conditions in his home. Note the dates

    Rio de Janeiro, March 19, 2007.

    Here are some words of his strategy : (translated by google)

    …The opposite would allow countries like Brazil, Canada, United States, France, Israel, England, Japan – all signatories of the Convention – legitimate the international exodus of their children in situations such as drugs, practice of crime, or even of prolonged unemployment, involving one or both parents!
    After all, Isn’t serious the father of a child commits a crime, have a disorderly conduct, or suffering from alcoholism?
    But this allows that, instead of using the means appropriate for judicial resolution of the conflict, the mother transfer the child to another country – that she hides and reappears with the minor in another hemisphere of the planet??
    No. Absolutely not!
    The exception can not be banalized.
    See the judge’s decision here:

  173. gail says:

    BrazaBoy; can this be used agains e Silva by one of Davids attorneys?

  174. philandteena says:

    thanks moniqueferris. I will get on that right away. I also put a blog on my myspace page. If anyone has myspace add me http://www.myspace.com/teenamarie321 and we could start a forum. I know there is one on face book also. I have about 700 “friends” on there and maybe word can spread that way also.

  175. philandteena says:

    Ok I have emailed and called my congressman, emailed my senator and the 4 email addresses for globo Tv along with a few TV shows. I am open for anymore suggestions.

  176. roger says:


    No, this cannot be used against them. An attorney represents one client at a time and has the professional duty to come up with the best possible legal argument to the benefit of his client. If he’s on the other side the next day, he has the duty to use the exact opposite argument if it happens to benefit another client. Otherwise he can end up getting sued by either client for malpractice!

    The only legal professionals that cannot “change their mind” are scholars and experts brought in cases to give legal opinions. They lose credibility by thinking one way one day and another way the following. We attorneys lose credibility if we don’t use the best possible argument available for each case.


    Just a minor correction: STJ justices are also nominated by the President, but you’re right in your assessment about PLeS influence being greater at STJ, since there are way much more practicing attorneys nominated to STJ than to STF.

    Also, a discussion about the Hague Convention will likely take place at the STF, but don’t forget that international treaties do not prevail under family law provisions set out in the Civil Code. As you know they have the same legal hierarchy, so the STF can even say, fine, Hague applies, but we’ll throw it out becase our Civil Code allows us to give permanent custody to the LeS based on this “socio-affective paternity” provision. And that’s better for the well-being of the kid. Not a smooth ride ahead, as you noted in an oustanding way.

    You are also absolutely right about our middle child complex: we are very concerned about “the image of Brazil abroad”, whatever that means. So international pressure is of the essence here.

  177. gail says:

    Roger, what do you think is going to happen? Are the Lins e Silva’s likely to win? Or do you think David will prevail?

  178. philandteena says:

    I’d also like to what you think about that Roger. Who do you think will win? Does david have a chance?

  179. gail says:

    It can’t get sent back to STJ, they said it was Federal.

  180. BrazaBoy says:


    Although this cannot be used against him, it proves that he knows he is doing the wrong thing with Sean. That any argument he has is false, and his own words can be used to defend David in court.

  181. BrazaBoy says:

    It also proves that justice in Brazil depends on who is your lawyer and how much influence you have.

  182. rachelle4 says:

    Ok everyone, Roger does not have a crystal ball. Let’s not dwell on what could and could not happen. Let’s just focus on House Resolution 125. We need our government to put the pressure on President Lula when he visits in March. Email and fax your Representives all weekend so they are bombarded when they come in on Monday.

  183. philandteena says:

    Well, I know that Roger does not have a crystal ball. We are all doing everything we can. Just wanted his input.

  184. roger says:


    I’m sorry to disagree with you about his words proving anything or his arguments being considered as false by any judge reviewing Sean’s case. He was just defending one of his clients, and each case calls for different and sometimes opposing arguments. An attorney can have it both ways, that’s a professional duty very well understood by judges. In no circumstances an attorney’s word will be held against him as a party or even in the next day in court when he comes up with an exact opposite argument to the benefit of another client. That’s why so many people just loooove our profession, isn’t it? :)

    I agree that is sadly true that justice in Brazil depends on who is your lawyer and how much influence you have, but that’s not a conclusion that you can draw specifically by this case. You go to court everyday and that’s what you can easily conclude by taking a look at any polling of cases.

    Gail and Philandteena,

    Only David’s attorney can answer that question, but based on precedents I think chances of a final favorable permanent custody decision are very good. As I’ve been saying it will most certainly take some time, probably years, unless the case doesn’t turn into an Elian Gonzalez international media and bilateral political and diplomatic crisis. Those circumstances may influence the courts to speed things up or even the Lins e Silva to give in to the pressure.

  185. roger says:

    Way to go, rachelle4.

  186. philandteena says:

    Roger, That sounds hopeful, except for the part that it will take years. So, do you think we are all on the right track to turn this into an “Elian Gonzalez” crisis? Is there anything more we can do. I will keep contacting my congressman and senator and GloboTV and I just posted a topic in a forum on myspace regarding this as I couldn’t find one already started.

  187. hunbra says:

    I have been reading all the comments posted, and also made as much phone calls as I could. Everyday I’m trying to reach the Brazilian press, specially Rede Globo. I send emails and posted comments as much as I had a chance, mentioning David & Sean case. For the first few emails I had some response saying that my suggestion was sent to the person in charge to make decisions. To be realistic I’m not expecting to see / hear anything soon about this case from them. As we all know the “elite or high society” in Rio is very tight and has communal interest to cover each other, and just FYI, Lins & Silva clan are the attorneys for most of Globo’s actors, or even Globo owner’s.

  188. alexti23 says:

    Repatriamento negado conforme a Convenção de Haia

    O STJ manteve a negativa de repatriamento da criança (2007) nos exatos limites da Convenção de Haia. Como disse bem no início do debate, os auxiliares do americano parece não ter lido a Convenção e se leram, não entenderam.

    A própria Convenção prevê as hipóteses em que não se deve ordenar o repatriamento e, no caso, incidia uma dessas hipóteses impeditivas. Ou seja, o mesmo pacto internacional que obriga Brasil e EUA, foi utilizado para negar o repatriamento imediato da criança.

    Antes e acima das disposições dessa Convenção especificamente considerada, estão outros direitos fundamentais que obrigam a ambas as nações, tratam-se daqueles decorrentes da Teoria da Proteção à Criança e ao Adolescente; e da Teoria de Proteção ao Melhor Interesse da Criança e do Adolescente.

    Vou postar, a seguir, a decisão do STJ para que todos observem que a fundamentação legal utilizada é extraída da própria Concvenção de Haia, evocada pelo americano.

    A Decisão do STJ:
    Direito processual civil. Busca e apreensão de menor. Pai americano.
    Mãe brasileira. Criança na companhia da mãe, no Brasil. Convenção de Haia sobre os Aspectos Civis do Seqüestro Internacional de Crianças.
    Situação consolidada. Risco de danos psíquicos e emocionais se houver retorno da criança ao país de origem (Estados Unidos).
    - Não se conhece do recurso especial na parte em que fundamentado em temas não apreciados pelo Tribunal estadual, o qual adotou premissa diversa da pretendida pela parte.
    - Deve-se levar em consideração, em processos de busca e apreensão de menor, a condição peculiar da criança como pessoa em desenvolvimento, sob os contornos constitucionais, no sentido de que os interesses e direitos do menor devem sobrepor-se a qualquer outro bem ou interesse juridicamente tutelado.
    -Este processo não busca definir a guarda do menor; apenas busca decidir a respeito do retorno da criança para a residência de onde foi transferida, no caso, Estado de Nova Jersey, Estados Unidos da América.
    - A Convenção de Haia sobre os Aspectos Civis do Seqüestro Internacional de Crianças possui o viés do interesse prevalente do menor, porquanto foi concebida para proteger crianças de condutas ilícitas.
    - Seguindo a linha de proteção maior ao interesse da criança, a Convenção delimitou as hipóteses de retorno ao país de origem, mesmo diante da conduta ilícita do genitor em poder do menor, com exceções como as existentes nos arts. 12 e 13 do referido diploma legal.
    - Assim, quando for provado, como o foi neste processo, que a criança já se encontra integrada no seu novo meio, a autoridade judicial ou administrativa respectiva não deve ordenar o retorno da criança (art. 12), bem assim, se existir risco de a criança, em seu retorno, ficar sujeita a danos de ordem psíquica (art. 13, alínea “b”), como concluiu o acórdão recorrido, tudo isso tomando na mais alta consideração o interesse maior da criança.
    Trata-se do Princípio da Autodeterminação dos Povos; ou seja, optasse o americano pelo litígio em solo brasileiro, teria que se submeter à sua legislação.

    O erro de estratégia se deu no momento em que os advogados – com medo de descaracterizar o sequestro internacional – deixaram de se manifestar nos processos movidos no Brasil.

    Leia a Convenção de Haia e lá você encontrará dispoisitivo expresso relativo a fixação de competência e os tratados e convenções internacionais hierarquicamente estão acima das leis ordinárias do país.

    Assim, ele deveria ter arguido essa prejudicial de mérito, para impedir o prosseguimento das ações no Brasil. Significa dizer que ele deveria ter comparecido nos processos e arguido a questão que é impeditiva do prosseguimento das ações.

    Mas, silenciou e o processo prosseguiu legitimamente e, obviamente, contra os seus interesses.

    Com a omissão, o tempo se encarregou de complicar a situação: a mãe morreu; a irmã nasceu; a criança estreitou laços com parentes e amigos brasileiros etc.

    Enfim, na minha visão, houve lamentável e inescuscusável erro jurídico na interpretação da Convenção e na escolha pela omissão processual.

    Questão prejudicial, meu caro! esse é o nome técnico dado a oportunidade perdida.

    In orkut there is a community called Direito familair, and there are some family lawyers discussing the case. And one just replied that Brazil is indeed following the Hague Convention once it says that if the child is already inserted into the new culture that child should remain where she is and in this case Lins e Silva have a good chance of winning if David’s lawyer stick with the Hague Convention because Sean is already inserted into the brazilian culture, family, new sister, grand parents and step father. They also said in Brazil the judge will focus on the child and if being separated from grandparents, sister, friends and stepfahter cause any harm to the child’s mental condition the judge might prior to keeping Sean in Brazil with his grandparents.

    Roger, what do you think?

  189. naiarax says:

    I agree with this statement and I have been wondering about his attorney’s strategy… Is David sure he is being represented by an EXCELLENT lawyer?

  190. gail says:

    David has full legal custody of Sean here in the US where he was taken. He was ordered back 4 1/2 years ago. This is child abduction, not somebody trying to get custody, he already has custody and Brazil needs to adhear to that. Or there will be a huge price to pay. I don’t think they will want to be kicked out of the Hague. Nor do I think it will take years, it’s coming to an end. You can’t keep fighting a losing battle. It’s already been years.

  191. philandteena says:

    # naiaraxon 14 Feb 2009 at 1:15 am

    I have thought of this too. I wonder if Sean wants to come home, I wonder what crap was put in his head about David. It is so unfair that poor David has been robbed like this and that Sean has been put into this situation. I’m sure he will be torn either way. This should have never have happened in the first place. David should be able to file a law suit for pain and suffering.

  192. gail says:

    With Congressman Smith there it sure turned around quickly.

  193. gail says:

    The exposure is only going to get worse for that awful family over there, none of us are going away anytime soon. More and more people are getting involved. The Senators writing to the President demanding the child be returned, I think we will see good things coming.

  194. philandteena says:

    I hope so Gail. I have never been so ooutraged. Even when Sean comes home, so much damage has been done that can never be repaired. Its disgusting. I try to think about how I would feel if my children were taken from me and I can’t! Its unimaginable! I can’t even go there. I wrote to my local news station but they are stuck on the plain crash that happened about 15 minutes from my home. Yes, it is a terrible tragedy. I feel terrible for those people but (and I hate to sound cold) its over. Those people aren’t coming back and Sean is still alive and trapped in Brazil!

  195. Colette says:

    What is the name of the Orkut Community? I’d like to join it.
    I tried to look up, Direito familair but couldn’t find the conversation you mentioned.

  196. gil says:


    I’m sure you have rules in Brazil against CONFLICT OF INTEREST. JPLS and his firm represent clients in Hague abduction cases to this day. A lawyer romantically involved with (or later married to) a child abductor should NEVER be allowed to take these cases. Not to mention what he has personally done since Bruna died, which is even worse.

    If you want my opinion, the LeS firm has a big problem on their hands as clients find out about this case. Not sure the Brazilian Bar Association would have the guts to stand up to them but that may be the least of their problems.

  197. JamesJosephs says:

    I agree with Gil. Roger has failed to address the conflict of interest issue, which is at the core of JPLS’s unethical behavior.

    I would think that a Brasilian attorney (or a former JPLS client) should be able to file an ethics complaint against JPLS with the relevant bar association in Brazil based on the circumstances of this case which create a BLATANT conflict of interest for the entire Lins e Silva law firm, which to this day is representing left behind families in Hague convention cases.

    This is not a case of an attorney representing two seperate clients on different sides of an issue, each case having its own set of facts.

    This is a case of a supposed family law attorney who has a vested and extremely personal interest in the manner that the Brasilian judicial system (i) interperets the Hague convention and (ii) erodes the parental rights of biological parents with this “socio-affective” malarky. JPLS’s marriage to a child abductor (as defined by the Hague convention) and his unethical and arguably criminal actions after Bruna’s death create an appearance of impropriety that would undermine (or destroy) any left behind parent’s confidence in his ability to represent them.

    Can you imagine ANY left behind parent hiring the Lins e Silva law firm to represent them in a Hague case if this conflict was properly disclosed?!?!?!?!

    If he has not disclosed this conflict to every client that he has come into contact with since 2004, JPLS should be disbarred.

    In the meantime, the relevant Brazilian bar association should have the obligation to notify each and every client of JPLS of this conflict before more damage is done to their rights.

  198. alexti23 says:


    the original discussion that I posted was erased by the community manager, I guess because there were more than 200 people discussing this with a certain lawyer called Roberto, but soon people created another topic called Para Roberto who is a lawyer in Brasilia and works with family laws. http://www.orkut.com.br/Main#CommMsgs.aspx?cmm=764151&tid=5300512920834087149&na=1&nst=1 here is the link but you can only access if you are Orkut member. Roberto is explaining everything again and answering questions. From a research I made Orkut is much more used in Brazil than Facebook.
    It is said that is exactly due to the fact the JPLS knows Hague Convention very well that he used the “socio-affective” argument. In Brazil judges will consider the situation analyzing how the child is, how well inserted in Brazil (according to Hague if the child is already well inserted in the culture then the child will remain where she is). And then there is the situation that his mother died and changing his living environment again could cause more damage into his life.
    Also lawyers are asking if David was granted full visitation rights, why did he not try to see Sean more often to show his father is there to help him through the grieving process and then start to make part of his life.
    There is also the argument that soon Sean will be old enough to decide with whom he wants to live and JPLS knows this better than anyone and that is the reason people are saying that time unfortunately is against David.
    I want David to have his son back…but there should a review in his strategies. David must be closer to his son, I know financially is difficult but fundraising money would grant David to be there closer to Sean. This has got to be brought again to the media. Brazil is afraid of bad media. Mr. Lula will be there, not only politicians have to show him that they disagree, us too! There was a fiasco with Mr. Lula during PanAmerican games and if I understood well he is horrified of bad media.
    People have sais in this forum that David needs political support and media support and I agree with that. He needs to fight against JPLS strongest weapon: time!

  199. janelr says:

    Hi all –
    I have been primarily a lurker but spent a good chunk of time sending letters to over 60 congressmen and women about House Res 125 so I am so excited about the number of co-sponsors! Unfortunately, as a working mom of 2 young boys, I don’t have the time during the day to make phone calls but stayed up faxing everyone on the list.

    Hopefully we can plot our next organized move where everyone can get involved and put more pressure on Brazil.

    Also, Roger, I think you mis read JamesJosephs note in that he was referring to the other forum where they are dishing out legal advice – not this one.

  200. Aimee says:

    Wanted to remind everyone who think they would be able to sign up for the “event” on March 17th in D.C. Invitation is on the facebook group. I’ve been diligently contacting my congressman (Tammy Baldwin), and will continue to do so until I see her name on the list. Also, is there anyone “in the know” about when the custody hearing is scheduled for?

  201. gail says:

    But the LeS are lying or tried to. They tried to say that David did not petition within a year of Sean being taken and he DID. So they are in true violation of the Hague and that is exactly what the Senators wrote to the President. I know they won’t get away with this injustice. I sure wish I could come help in DC, but I’m in California. Any chance of some sort of rally out here? Let me know, I’m up for anything.

  202. gail says:

    I sure hope we get an update from someone as to what and when comes next.

  203. mtnmama says:

    I’ve been following the story since September and feel so very strongly that Sean needs to be reunited with his dad. I’m an adoptive mom in an open adoption with both of my son’s first parents, and I lived primarily with my dad and stepmother since I was three, so I have some perspective on the biological versus environmental attachments that a child has for a parent.

    In this particular set of circumstances, Sean needs his biological father, and it will only become *more* important as he gets older and searches within for his own identity. I know David’s pain is deep in his loss, and I don’t minimize this, but the argument for *Sean’s* well-being trumps David’s — thankfully for David, what’s best for Sean is also best for David.

    I e-mailed most everyone in my address book Thursday night. With one degree of separation I got the message to someone high up in Barney Frank’s office, and several others willing to make calls to their congresspersons. I have called Capito and Mollohan in my state (WV), and so far only Mollohan has joined so I will keep e-mailing her constituents. Rahall (our third congressperson in the state) does not accept recommendations from non-constituents, so we need those in southern WV to call his office.

    Let’s set a goal to get every state represented!!! Maybe the blog authors could keep a running list of the states as well (with perhaps a (x/y) after each state showing how many out of total representatives for the state). That will help us target e-mails and calls to friends and colleagues in the states w/o sponsors, and those residing in the states that have incomplete sponsors can contact friends in neighboring jurisidictions.

    People can go to networking sites (classmates.com, facebook, etc) and contact residents of those states missing sponsorship. If Chris Smith could say that there’s a sponsor from every state in the union, that would carry some weight in the floor vote (and send a strong message to Brazilian officials.)

    So everyone, reach far and wide and send this message out because you never know who someone you know might know that could help.

    Here is what I sent to friends (feel free to use):



    I’ve been following since last September this story about a boy named Sean Goldman who has been illegally kept from his father for over four years. His Brazilian mother took him for a two week vacation to Brazil, only to immediately call her husband, David, in NJ to tell him she was not returning. After a four year unresolved custody battle in NJ and Brazilian courts, the boy’s mother tragically died during childbirth last summer. With David his only biological parent remaining, it seemed clear that the Brazilian court would grant David custody. But the mother’s Brazilian widower is defying court order and Hague convention, refusing to return the boy to his father in the states. It’s been getting some press lately, so you may have seen the story. It is heartbreaking.

    David has gotten a foot in the door in the Brazilian courts, and it’s gaining momentum in the US political arena, so your help is needed right now to bring the visibility it needs for their family to be reunited. Please ask your congressperson to join in “House Resolution
    125 – The Sean Goldman Abduction, by Congressman Chris Smith”

    Here is a link with information and your representative’s contact info. It literally took me less than five minutes to enter the note on Capito’s web page.


    Below is what I wrote:


    Please co-sponsor “House Resolution 125 – The Sean Goldman Abduction,
    by Congressman Chris Smith.” The National Center for Missing &
    Exploited Children (NCMEC) has publicly endorsed this resolution.

    Help to reunite this family that has been illegally fractured by an influential Brazilian attorney and his family.



    Please forward on to others who can help (and you all know that although I may send you something from time-to-time, I never ask you to forward anything, so this is that important.)


  204. gil says:

    “Also lawyers are asking if David was granted full visitation rights, why did he not try to see Sean more often to show his father is there to help him through the grieving process and then start to make part of his life..”

    Anyone suggesting things such as the above quote is completely ignorant of the facts of the case. A visitation was finally awarded after Bruna died but JPLS skipped town with Sean for the weekend, in violation of a federal court order (which I believe should become another issue for his continued legal work). David has been fighting in the courts since then and only this past week did he finally get a visitation with Sean.

    These people need to research the facts and not ignorantly speculate. This article from Consultor Jurisdico is a pretty good summary and clearly shows David NEVER gave up trying to get Sean back, despite what some of these “legal experts” may be saying on some of the blogs.


  205. Bob D'Amico says:

    Got to love that “socio-affective” paternity argument,
    Let’s recap; Bruna kidnaps Sean, demands that David come to Rio and turn over custody in the Family court, expert attorneys here in US advise him it’s a TRAP, David files under NJ State law and the Hague Treaty with guidance of the US State Department. Ignored by Bruna, Brazilian judicial system drags their arses for a year and then say Sean is absorbed into the “culture.”

    Hague case drags on because Brazil does not only ignore legal its obligations but laughs at the world. There are as far as we know FORTY THREE (43) abduction cases of North American children in Brazil right now! FORTY THREE!

    SOCIO-PATERNITY: Simplified, I kidnap your kid and hide out in Brazil for a few years and then I get to keep him or her because I’ve been the primary caregiver and provider plus your kid is now “absorbed” in Brazilian culture.

    Some may argue that is an oversimplification, but I would say once you strip away all the bull and legalese it’s the most accurate description of a PERVERSION of LAW, ETHICS and MORALITY.

    I don’t know about you guys but I can’t wait for Lula to set foot in America! The TV and press in Brazil may be muzzled by the Plutocracy but word will spread around the world and eventually get back, of the humiliation of Brazil and its President.

  206. moniqueferris says:

    Brazil has some CRAZY reasoning there.
    Bob, Is Lula making a trip around the country? Are you or anyone privy to an itinerary? I remember when the Chinese President was traveling I happened to be on the East & then the West coast & then Germany all when he was & there were protests in each city. I am on the West coast & cannot make the DC rally, but would love to have something here. Or perhaps there can be organized rallies at all Brazilian embassies on the same day you all are in DC? What do you think?

  207. nancyinca says:

    i wish we could hear from David – he probably doesn’t want to write anything since who knows what could be used against him.

    Can this argument of social-whatever really be effective ? It reminds me of the adoption issues when a parent changes their mind before the adoption goes through and then fights for years in court and then they use the issue of the child has been with them for “x” number of years as a reason to keep the child, their ‘socialization’ into that family. I always feel bad for all those people but in the end, a parent’s right in an “inalienable” right to be with their child. A parent’s right and blood can not be supplanted by these other arguments.

    In fact, I would argue the person and people who have done the most damage to the child, are the ones using the courts to hold them (sean). Had the people holding Sean really loved him they would have done everything in their power to keep David in Sean’s life – instead they have fought against it.

    The real argument/position here, should be focused NOT on the ‘now’ but back when Sean was taken. What should have happened? That is still the same question, it’s just taken 4 1/2 years to get an answer, but th question remains the same. Sean should not be penalized and denied the love and affection of his father simply because its taken so long to get an answer.

    David, today, a day about love, know that one day, no matter what happens, the internet, this story and the truth, and all the love you are showing for your child, will be in his hands. There will come a day, when Sean as an adult, pours through every word of this, he will search for the truth, the ‘whole story’ he will apply what he knows about Brazil, that you don’t know, he will reveal what goes on behind the scenes in his life now, that you don’t know, he will have his own complete story to tell…
    and there will be no denying his knowledge of your passion, never-ending love for him, and your efforts to bring him home. Love… can not be denied.
    I pray that he comes home soon.

  208. LukieD says:

    We hope to have a News Update posted soon as I’m sure many of you are wondering where things stand with this case and where we go from here. Hopefully we’ll have something posted by tomorrow, Sunday, so stay tuned.

  209. moniqueferris says:

    Hi everyone, I am running out right now. But does anyone w/ legal & Brazilian law knowledge have a response to this?
    Dear Ms. Ferris, unfortunately there is a judicial decision in Brazil which forbids any media outlet of mentioning the case. It’s unfair, but that’s the law in Brazil. That’s why Globo, the company I work for, is blocked from covering the case. As long as that decision stands, there’s nothing I can do. Thank you for getting in touch, Jorge

    PS: after you contacted me, I received many other emails about that case. I answered only your email. Since this seems to be a collective effort to put pressure on Globo, is there any way you can help to get this information out, that Globo is blocked from covering the matter by a judicial decision? Thanks, Jorge

  210. Kimberly000001 says:

    I cannot imagine Sean would prefer to stay with his stepfather over his real dad. I raised my stepdaughter since 7 1/2 (her mom had abandonned her at 4). We were as attached to each other as any family. Yet, I could always see there- the “loss” in her life.

    As hard as I tried I could never replace her real mom. They were reunited at age 16 (it hurt a bit but I cannot imagine depriving a child of knowing their biological parent) and she is whole again. She is happier than ever and shas two unique bonds with each of us.

    The only thing I would think may be difficult at Seans age (and after his immeasurable loss of his mother) might be moving away from the Grandparents. However, with the loss of Bruna, one would think the grandmother is barely functioning right now and is trying to survive this loss herself.

    The only scenario imaginable to me is one where Sean feels some comfort and happiness with his real dad (though it might take a little time to transition). Sean is clearly first and foremost in David’s life among ALL ELSE.

  211. Colette says:

    The Brazilian people deserve to know about this story. If the press is unwilling to pay the fines of the gag order, then how can this reach the Brazilian people? João Paulo Lins e Silva didn’t mind breaking the Federal Court order of visitation in October. He can break the law without consequence, but the press can’t?

  212. JamesJosephs says:

    Ask Jorge which media outlet published this story:


  213. Kimberly000001 says:


    We are trying to organize a one day event to “bombard” the Larry King Live show with emails and phone calls. We need to get a BIG number of people to say they will help out (just sending emails will be fine…whatever anyone can do).

    As it stands now, Foxy Loxy had pointed out that scattered emails will not be so noticed among the numerous other story ideas coming in.

    Once we have a big group of volunteers…we can agree on the day. David’s story should stand out more if we have a focused effort.

  214. tweinstein says:

    There is no media ban imposed on my case and those of the other 41 cases(that I know of) of United States children illegally retained in Brazil. If people are having trouble getting the Brazilian press to cover David’s case due to a lawsuit by JPLS, why not attempt to get the larger story told? In the long-run, we will achieve the same result, which is to influence public opinion so that Brazilian judges issue rulings in a more expeditious manner. Remember that my case is 2 1/2 years old and I still have not had a ruling from the judge.

  215. Kimberly000001 says:

    Hi..I think your name is Tim? Have you thought about starting a support site for other families like yours? You could each have a link to your own particular story (just as David has done). You could include David’s as well.

    I think one of the reasons so many people are compelled to act is they have gotten emotionally attached to this case. We feel we know David and Sean (also the loss of the mother) because it has become so ‘real” with all of the videos and heartfelt pleas.

    It certainly isn’t a “must” do, your situation is clearly very important and heartbreaking as well. It is cruel and unecessary for any child to be separated from a biological parent and simply outrageous. However, anything that can be done to make the story more visible and about real people has an impact.

    Im sure the majority of people here would join the cause.

  216. tweinstein says:


    Your idea would work except that I, along with David, have not been successful at obtaining contact information for the vast majority of left-behind parents. I have contacted the State Department, Office of Children’s Issues, along with the Brazilian Central Authority for this information and have so far been met with silence. They were very reluctant to even divulge the number of cases involved.

    The only contact information we have so far is from the few parents who have contributed to this website and those who are currently working with the National Center for Missing and Exploited Children.

    David’s case is compelling by the insanity surrounding it. My case is only compelling when viewed in the collective with the rest. In any event, I do not want to do anything that would detract from the attention being brought to the larger issue through David’s case. Do people think that if this website added a link to include this information, it would be beneficial?


  217. Kimberly000001 says:

    Excuse me for getting off the subject but there was a posting on Facebook just now (apparently it was up for a few minutes, then deleted). It was a letter from Bruna’s Aunt about their perspective of this situation. It was fairly long…and clearly made of lie after lie (Im not surprised it was deleted). I actually think they believe some of these lies. Such as that David never tried to see his son and only wanted money. Ridiculous statements which, if she had seen the video footage and evidence, she would not have offered this explanation.

  218. greilly says:

    Tim & Kimberly,

    I think this problem might be much larger than you think. You see, I too am in the SAME situation.

    I would say the main difference is that early on because of finances I had to make the decision to fight and spend every penny I had plus more than I could pay, and then still maybe not get my boys (I have twins who my wife took back to Brasil in the same way as Bruna did) and then I wouldnt even have the money to go to Brasil to see them.

    OR save my money and travel to Brasil whenever I could, which is what I have done.

    The plus is that my ex is good about letting me see them when I go to Brasil, however, she refuses to bring them to visit me in the US as the BRASILIAN courts ordered her to do.

    I do get to see them when I go to Brasil and she does let them call me once a month (luckily I can speak português) but thats all.

    It isn’t right or fair, for me OR the boys, but I am not rich, so what can I do? I make the best of it.

    Thankfully, David has the money or resources to continue his fight.

  219. Valkyrie says:

    I wanted to write this letter to explain why I support David Goldman’s quest to have his son back in his life. I know there’re thousands of people out there that supports him as well…and there are others who don’t – even though it’s beyond me to understand why. Unlike most of you I’m Brazilian and just like Bruna I have married an American citizen. I can put myself on her shoes in trying to understand the thoughts behind her actions. She must have felt at times the sorrow that one feels when they live faraway from their native country. At times, I felt I wanted to go back. At times I missed my family so much that it hurt like no other pain I have ever felt. But then, I’d look at my husband Steve and I would then understand that I could never go back. That I had to make it work. I had to do what I had to do to be happy here. I have always believed that you make choices in your life and you have to deal with the consequences of those choices. I had fallen in love with an American citizen and I married him. I had a little boy and three years later, a little girl. It broke my heart at times to think how much I wished my little ones could know their Brazilian family more closely. How it hurt to see that they were missing out on growing up with my side of the family. But what did I do? I stayed strong and I did everything I could to make my marriage work. It wasn’t always easy. You all know marriage is not easy. That’s not news. But I stood by my family and I made it work. It never for once it crossed my mind to grab my kids and leave my husband. Like David I can see in Steve’s eyes how much he loves his kids and the connection they share. And I have always believed that he deserved to be with them and see them grow up just as much as I deserve it. He’s just as good of a father as I am as a mother. And that is not it. How about the kids? How would they feel about never seeing their dad again? Just that thought alone eats me inside. I would never ever do anything that would heart their little hearts. Bruna did. She thought of her only. He acted in a very selfish and self centered manner. She did not consider Shawn’s feelings and she did not consider her then husband’s feelings. The feelings of the man she had shared her life with for more then 4 years. The father of her son. Not only did she make a choice to leave the country without ever saying anything to him but once in Brazil she decided she would never allow him to see Shawn again. Wow, you can’t get anymore selfish then that. I’m sorry for David. Sorry that he married a women that he thought he new.

  220. philandteena says:

    I recieved the following from Mr. Pontual at Globo.

    Before blaming Globo you should know that there is a gag order, a decision from
    a Brazilian court blocking any media in the country from covering this case. As
    long as this order stands there’s nothing that Globo or any Brazilian media
    outlet can do. Why blame us? Write to the Brazilian court responsible for this,
    please. Best regards Jorge

    What an a**! I never blamed Globo only requested his help. Anyway, he mentioned contacting the Brazillian gov’t…is that an option?

  221. philandteena says:

    Jorge Pontual apologized…he said he is getting a lot of aggressive emails and said with the gag order there is nothing he can do…..

  222. Kimberly000001 says:

    From what I heard some Brazilian media actually HAS gone forward to publish and had to pay a big fine.

    If this is the case…it would be worth the fee to get such a controversial story to the public….if they would be brave enough to do so.

    Maybe you could ask Jorge about this?

  223. philandteena says:

    Kimberly, I sent him an email. Iwill keep you posted.

  224. Kimberly000001 says:

    Great…will be anxious to see if there is a response.

  225. greilly says:


    I think its important to share responses we get from congressmen. I wrote him asking him to support Congressman Chris Smith’s Resolution. This is the response I received from Congressman John Cornyn (Texas) stating:
    Brasil and the US are both signatory parties to the Hague Convention on the Civil Aspects of International Child Abduction, which ensures that a legal framework is in place to protect the rights of the victims involved in these grave crimes. In Mr. Goldman’s case, it is unfortunate that he and his family are experiencing difficulties in obtaining custody of his son under the Brasilian judicial system. However, I hope that the Brasilian government, consisten with its treaty obligations, will be able to resolve this case favorably and in an expedited fashion.

    In the interim, I encourage you and fellow supporters to reach out to the Department of State, Office of Childrens Issues for additional information and assistance. The office of Children’s Issues is the central authority in the US and the primary point of contact on international and parental child abduction cases. They may be reached via telephone at 1(888)407-4747.

    correct me if Im wrong, but I take this response as saying: Dont bother me. Im not concerned about such things. (this is the exact same type of response I got whenever my ex-wife took my kids back to Brasil illegally also, not from this congressman, but another one). I did not get any response from Kathy Bailey Hutchinson also from Texas.

    I understand the situation (economically and otherwise) the US is in right now, and I understand politicians have a LOT to deal with currently, but this seemingly lack of concern bothers me.

    And they wonder why we have no confidence in them!

    These are also the types of concerns we should share with each other so when the next election comes about WE CAN REMEMBER WHO is really concerned about our issues and who is NOT!

  226. greilly says:

    so you see.. its not just the Brasilian politicians that have a lack of concern about the general population.

    of course, that DOES NOT include ALL politicians, but when we come across ones such as this… we should share the word, so the next election we can elect individuals that WILL be concerned about us and individuals such as Mr. Goldman …

    just my 2 cents.

  227. Colette says:

    I would definitely continue to contact him. He is YOUR representative. He needs to represent your concerns. You are simply asking him to be a co-signor. 35 other congressmen have already offered their support. Maybe that is worth mentioning.

  228. philandteena says:

    I agree with mentioning the other 35 congressman. he may be a “follower”. If he sees other congressman doing it, he may too. I have called and emailed my congressman with NO response at all. The last email I mentioned the other cosponsers. I’m hoping for a response on Monday.

  229. moniqueferris says:

    I would follow Colette’s advice. Re-iterate you are requesting he co-sponsor H. Res. 125 & ask where he stands on becoming a co-sponsor. I will also contact him & request he co-sponsor.
    I will mention as a segue i to this case the bigger picture here.
    Thanks for the link I will include in a response.
    Can anyone translate this really well I want to know what I am talking about when I respond to Jorge.

  230. philandteena says:

    monique here is a translation

    American reviews son ‘ sequestrado’ for the Brazilian mother Of the State agency Size of the letter A- A+ Almost five years later, the American David Goldman obtained yesterday, in the presence of the American member of the house of representatives for the Republican Party Chris Smith, to review its son of 8 years, who the Brazilian mother, Bruna Ribeiro, brought for Brazil in July of 2004. Goldman fights for the guard of the son, demanding the fulfilment of the Convention of Haia, for which signatory countries if compel to repatriate for the country where the sequestrada” child lived “. Bruna lode of vacation with the son for the River and did not come back toward the United States. It moved an action in the of the state of Rio de Janeiro Justice of guard of the minor. Parallel, if she involved with the lawyer João Pablo Loyal Bagueira Lins and Silva, of who was pregnant. It died when giving to the light the son of the couple, in August. Goldman found that the guard of the son would recover, but Lins and requisite Silva the “affective paternity”. The judicial conflict if of the one enters 2ª Pole of Family of the State and the Federal Justice, which Law-Generality of the Union entered with action asking for the fulfilment of the Convention of Haia. The conflict will have to be judged tomorrow, when the ministers of 2ª Section of the Superior Court of Justiça (STJ) will come back if to congregate. The information are of the periodical the State of S. Pablo.

  231. moniqueferris says:

    post from FB admin
    Mark DeAngelis wrote22 hours ago
    Congressional offices will be closed Monday for President’s Day. Offices will still be open the rest of the week so folks should be encouraged to continue making calls. But most members will likely either be traveling or in their districts, and so it may be difficult for staff to speak to them for sign-off until they return on the 23rd, but let’s keep calling anyway and then follow up the week of Feb 23.

  232. philandteena says:

    thanks monique

  233. moniqueferris says:

    philandteena Thanks for translation I use freetranslation.com but I thought it would help to have a clean translation but the text is not as complicated as I thought.

  234. philandteena says:

    No problem…i used babelfish…its still a little off tho.

  235. moniqueferris says:

    I got the point.

    Does anyone have a compilation of Brasilian media coverage?

  236. philandteena says:

    here is a link to a list of newspapers


  237. tweinstein says:

    Thank you Monique. I will mention again to everybody that there is no gag order for any of the other 42 cases. I understand that people’s focus in on bringing Sean back, but if you want to educate the Brazilian public about the Hague Convention and the country’s noncompliance, you have 42 other cases to use which share the same foundation as David’s. Even if you never mention(due to the gag order) David’s story in the Brazilian media, the collective story of 42 other left-behind parents will benefit David.

  238. moniqueferris says:

    I am wondering if there is a compilation of Brazilian coverage on the Goldman case. Thx!

  239. moniqueferris says:

    I wrote Jorge & metioned the Globo article as well as the other cases.
    You need a site. I would have liked to direct him & others to one.

  240. philandteena says:

    Timothy…you can go to weebl.com and make a site for free. it is very easy if you have some basic computer skills. If you would like some help let me know. If you want to view a sample of one you can look at mine I recently made for a friend who passed away, http://www.ericlaufermemorial.weebly.com. its pretty basic but it does the trick. you can track how many people visit the site and people can leave comments yadayadayada

  241. philandteena says:

    typo above, thats weebly.com

  242. Kimberly000001 says:

    I dont underestimate the size of this issue. It is only going to get worse as the world is more connected, and there are more marriages between nationalities.

    It almost seems going forward there would need to be laws in place to prevent this type of situation rather than respond to it. Some type of paper trail where a parent taking a child overseas needs written consent from the other parent if they are not traveling together and then perhaps for the traveling parent to document the date of return. I know that wouldn’t stop this from happening… but putting procedures in place to show intent and make “kidnapping” not quite as simple as getting the kids on the plane.

  243. LukieD says:

    John Cornyn of texas is a US Senator not a Congressman. So he should be reaching out to Senators Lautenberg (NJ), Menendez (NJ), and Feingold (WI) to see how he can be helpful. You might also point out the the OCI at State is already intimately involved in the case but that it will take pressure from the highest levels of the US government to get this situation resolved, given the insistence of the Brazilian courts to circumvent the law at the behest of the Lins e Silvas. Instead of telling you to call the State Dept HE SHOULD BE CALLING HIS SENATE COLLEAGUES. In fairness, perhaps the staffer who wrote that response on his behalf did not realize that there is a Senate Resolution on the Goldman case.

    And as for Jorge at Globo, if he had half a clue he would realize that this ridiculous media ban came crumbling down after David’s visitation last week when the story was widely reported across the country. Even with all of Lins e Silva’s resources, do you honestly think PLS is suing every media outlet that reported on the visitation? Please, he’s too busy responding to hate mail from David’s supporters. And at what point does the Brazilian media, who have an obligation to inform the public, say screw this unconstitutional media ban sought and enforced by this corrupt and evil family — it’s time for people to find out the truth about a case that is on the verge of becoming a diplomatic incident between our two countries? And as much as I’d like to take this “media ban” seriously, it’s more than a bit comical that a media ban, sought by a family and then ordered by a court, has no enforceability except when the same family who wants a kidnapping kept secret then threatens a lawsuit against any media outlet that reports on the case.

  244. moniqueferris says:

    I pointed to some media coverage in my response. I also mentioned that if he didn’t want to cover the specific case he could cover Brazil’s non-compliance of The Hague Convention.
    Also I am up for one day a week calling LKL & any other media to request more coverage. What a great idea.

  245. gail says:

    I wote to Globo and asked them why they weren’t reporting and I was not rude or anything, look what they sent back to me:

    Before blaming Globo you should know that there is a gag order, a decision from a Brazilian court blocking any media in the country from covering this case. As long as this order stands there’s nothing that Globo or any Brazilian media outlet can do. Why blame us? Write to the Brazilian court responsible for this, please. Best regards Jorge

  246. philandteena says:

    gail…he sent me the same EXACT message. then i wrote back to him and reminded him I never blamed him and he apologized. I emailed him AGAIN and reminded him other Brasilian media was covering this and he has not responded

  247. gail says:

    I wrote back too, how rude. I said I never blamed him and that I didn’t deserve such a rude response. I said I guess the Lins e Silva’s are in charge there as well.

  248. philandteena says:

    You are probably right but we can’t give up…persistence will pay off

  249. gail says:

    I’m just reading through some stuff, just got home. What did you post earlier? Was that the old decision? Or is something new happening tomorrow?

  250. moniqueferris says:

    Here is the response I just got back :(

    Thanks for all the suggestions I’ll look into it. Jorge

    Here is everything I wrote. Just copied suggestions, hope that is OK……

    Dear Mr. Pontual,

    I respectfully request that you report on the David & Sean Goldman case. This is a very newsworthy case of great international importance. This case is hurting relations between Brazil & The United States because Brazil is not honoring the Hague Convention to which it is a signatory. As an American I am very concerned about the Brazilian governments stance on what seems to be a clear case of a father being deprived his son. I would really appreciate this case being reported to the Brazilian public as I am sure many will be equally concerned as I.

    Thank you kindly,
    Monique Ferris

    Dear Ms. Ferris, unfortunately there is a judicial decision in Brazil which forbids any media outlet of mentioning the case. It’s unfair, but that’s the law in Brazil. That’s why Globo, the company I work for, is blocked from covering the case. As long as that decision stands, there’s nothing I can do. Thank you for getting in touch, Jorge

    PS: after you contacted me, I received many other emails about that case. I answered only your email. Since this seems to be a collective effort to put pressure on Globo, is there any way you can help to get this information out, that Globo is blocked from covering the matter by a judicial decision? Thanks, Jorge
    Date: Fri, 13 Feb 2009 13:13:22 -0800

    Subject: David & Sean Goldman
    Date: Fri, 13 Feb 2009 12:45:16 -0800
    From: Monique Ferris

    Date: Sat, 14 Feb 2009 19:28:03 -0800
    Subject: RE: David & Sean Goldman
    Hello Jorge,

    Thank you for keeping me informed of the status of covering this very urgent story. I would like to point you to an article from your organization. Also there is a link to additional Brazilian coverage. I am also under the impression the AP is now reporting this story in the Brazilian press.

    I would like to mention there is no gag order for any of the other 42 cases that are currently in Brazil that are defying the Hague Convention a treaty to which The US & Brazil are signatories. If you want to educate the Brazilian public about the Hague Convention and the country’s noncompliance, you have 42 other cases to use which share the same foundation as David’s. Even if you never mention(due to the gag order) David’s story in the Brazilian media, the collective story of 42 other left-behind parents will benefit David & Sean Goldman.

    Very best regards,
    Monique Ferris

  251. moniqueferris says:

    I am not giving up. My response.

    Hi Jorge,

    Please do & keep me posted as far as the status of you covering this story. I do hope you will as it is extremely urgent that these families be reunited & that Brazil comply with the Hague Convention. Otherwise this will continue to cause irrevocable damage to Brazil’s image abroad. I look forward to hearing from you soon.

    Very best regards,
    Monique Ferris

  252. gail says:

    He just wrote a very rude one line response to me and asked me to tell everybody to stop emailing him. Whoever this person is, he/she is very rude.

    And I’m up for emailing Larry King, let me know the date. I have already written to him.

  253. philandteena says:

    Im up for Larry King…count me in

  254. Kimberly000001 says:

    Great – thanks for mentioning the LKL day.

    For those of you that don’t visit the Facebook BringSeanHome discussion thread…here is the posting

    “Lets pick a day where we focus on Larry King like crazy!!!!!!! Maybe target a day after the house resolution effort is done or a specific day next week.

    I think the emails are trickling in to the shows (and not standing out amongst the zillion other story suggestions) but if we ALL committ to ask friends and family to send emails on ONE particular day….we could bombard them in a HUGE collaborative effort. What do you guys think?

    We can all email and call on a certain day and just MAKE THIS ISSUE STAND OUT so they will get it on the air INTERNATIONALLY!!!!!!”

  255. moniqueferris says:

    The day will be announced as an event on FaceBook for those of you on there. I think I read someone was already planning on then posting it here (getting a little confused between all the messages & 2 sites – forgive me) but if not I will be looking for on FB & I will be sure it is here too.

  256. moniqueferris says:

    Kimberly000001 sorry for dup msg wasn’t up yet.

  257. philandteena says:

    That sounds great and i actually have 4 emails , so I can use all 4 to write to LKL.

  258. I2Care says:

    Hello There,

    My wife and I have been following Sean and David’s case since we seen the Dateline special two weeks ago. We live in Nova Scotia, Canada. I have sent e-mails to my entire contact list to help with the exposier. Because Im not a US citizen I cant help with the political preasure but would like to help as much as possible. Please, if there is anything I can do to help, let me know and if I can do it consider it done. We have a 3 year old boy together and I would be devistated, to say the least, if I found myself in Davids position.

  259. moniqueferris says:

    there is a lot of media contacts in the blog posts.

  260. philandteena says:

    I2care….thank you for your willingness to help. Join facebook also and you can see our discussion boards. here is a lint to one step we are working on and you can also join in our effort to contact Larry King. Facebook updates on all the events

    this is from an email I received from a bringseanhome staffer

    Thank you for your request to help. We will gladly take you up on that offer.

    The areas (DISCUSSION BOARDS) where we need the most help right now are as follows:


  261. moniqueferris says:

    Jorge has replied: (not that any of you are being rude)

    Subject: Re: David & Sean Goldman
    From: pontual@msn.com
    Date: Sun, 15 Feb 2009 04:26:12 +0000

    What I don’t understand is why I keep receiving really rude emails on that subject (the last one asked if I was in charge of the Lins e Silva). It seems that the tactics and manners of these people are really counterproductive.

    Dear Jorge,

    I am sorry if anyone is being at all rude. You don’t deserve that & please do not confuse those emails with this campaign to return Sean Goldman home to his father. It is a very emotional thing for a father to be deprived of his son. Imagine 4.5 years of not even being able to see your child. I personally cannot even begin to conceive of the grief David Goldman endures on a daily basis, not to mention the damage that will be permanent to Sean because of this. Some people may be misdirecting their anger at the Brazilian government’s lack of honoring an international treaty they are a signatory of & for that I apologize. This is a very important & I cannot stress enough urgent matter that this story is told to the Brazilian public for Sean, David & the other 42 families that are in non-compliance with The Hague Convention. Journalists sometimes have to take great risks to get important stories told. That is how we know of wars, corruption, greed & the like. A gag order for an international crime is absurd & journalists need to put this story to the people. Pleas I implore you to be brave & tell your people of this tragedy.

    Very best regards,
    Monique Ferris

  262. philandteena says:

    I just want to say real quick that I am proud to be part of this effort to reunite a father with a his son. I think all of you should be too and it is nice to know there are still good people in this world. People who are willing to do selfless acts to help someone they don’t even know. BRAVO

  263. moniqueferris says:

    I second that!

    The discourse w/ Jorge could be fruitless, but I still want to try to appeal to whomever will listen & for now he is engaging so…..

  264. philandteena says:

    I agree Monique. Don’t give up! it seems you are the only one he is still responding to, and your replies are great!

  265. BrazaBoy says:


    Tell him about the rally that will take place in DC when Lula will be there. It doesn’t have to mention this case specifically. And about the resolution the American congress is pushing against Brazil for not complying with international treaty. There is no gag order on this, and it’s a potential international embarrassment to add to recent ones in the news with Italy and Switzerland. This is a great story for any journalist who wants to cover Brazilian foreign policies. Another diplomacy conflict is the last thing Lula needs right now. Any journalist that refuses to tell the people the truth, doesn’t deserve to be a journalist.

  266. c.hope says:

    One person that can really help us :

    Fernando Gabeira, take a look in his Profile, Ex-revolutionary, actually a congressman, journalist and writer-http://www.gabeira.com.br/fernandogabeira/

    Email: assessoria@gabeira.com.br

    Please put his email address in your list !

  267. Rita B. says:


    Your polite conversations with the “Jorge” are going nowhere. He is either dimwitted or a liar.

    As Lukie D. pointed out above, the media blackout of the story ended last week.

    Jorge’s own Globo Network published an article on the story:


    As did Agencia Estado:










    Coluna Claudio Humberto,


    MSN Brasil,

    Mais algum?

    The media blackout is a figment of Jorge’s imagination.

  268. JamesJosephs says:


    Maybe you missed my point, but the link I posted above was a link to GLOBO coverage of this story. Jorge doesn’t even know (or is pretending not to know) that his own news organization published an article on the story last week.


  269. tweinstein says:

    Dear I2Care,

    I don’t remember who the person is, but somebody who has participated in this forum is from Canada and their child was also abducted to Brazil. I recall that they have spent $150,000 so far in fighting for their child. I think that you could start a parallel effort in Canada at the governmental level. Pressure from two countries is better than pressure from one.

    Does anyone remember who the Canadian is that I2Care could refer to?


  270. greilly says:

    TO I2CARE….

    you stated you cannot help with the political pressure… but you can. Please write YOUR representatives in YOUR government asking them for help also!

    You see, at the moment, this seems to be the US govt trying to make the Brasilian gov’t comply with an agreement. But this is NOT a US-Brasilian agreement. Its an INTERNATIONAL agreement.

    I do not know if Canada is a signatory member of the Hague Convention Treaty, but I do know that because its an International Treaty and an International incident, this affects EVERYONE WORLDWIDE… not just the US and Brasil.

    More specifically, if Brasil is allowed to let this go without resolution, who is to say the samething won’t happen when someone from Canada takes their child abroad and refuses to return them?

    What better way to get Brasil’s attention that Sean MUST BE RETURNED TO DAVID than to have governments from all over the WORLD demanding Brasil comply with the agreement…

    so I2Care.. yes we can and DO need your help in this way too. (this is meant in a KIND THANK YOU type of response)..

    please do this and ask your friends to do this also…

    (i dont know how your gov’t works, but MAYBE they can start a resolution asking the Canadian gov’t to demand Brasil return Sean to David also… what do you think?)

  271. greilly says:

    > # Kimberly000001on 14 Feb 2009 at 11:10 pm
    It almost seems going forward there would need to be laws in place to prevent this type of situation rather than respond to it. Some type of paper trail where a parent taking a child overseas needs written consent from the other parent if they are not traveling together and then perhaps for the traveling parent to document the date of return. I know that wouldn’t stop this from happening… but putting procedures in place to show intent and make “kidnapping” not quite as simple as getting the kids on the plane.


    actually that is already in place. that is what makes David’s case so clear cut. I cannot speak for him that he signed this, but when my ex-wife took my twin boys back to Brasil before she could board the plane in Houston, I had to sign a document saying that she had my permission to leave the US with the boys to travel to brasil for 2 WEEKS to visit her family. Without this document and without specific dates of departure and return being listed she would not have been allowed to leave with them.

    In addition, she/we were required to have it notarized by the Brasilian Consulate to prove it was valid.

  272. greilly says:

    Thank you LukieD .. I will do that..

    (hahaha.. guess you are more political than I am.. Congressman to me just means someone in Washington who is NOT the president.. LOL)…

    guess Im not too uptodate on politics…. but thank you…and I WILL follow your advice…

  273. devinsmommy08 says:

    I email a long letter to President Lula nearly every day trying to get his support….I hope we are getting thru to him…. Hope it helps!

  274. FoxyLoxy says:

    I have to say that I agree with whoever it was who thought that trying to coax/badger these individual Globo journalists to cover David’s story right now is an exercise in futility (for now anyway). If there is a court-ordered “media ban”, the likelihood is the order to comply is coming from higher up – either the corporation that owns this newspaper or the editor in chief. This guy Jorge is not going to thumb his nose at them and put his job on the line or risk being sued.

    I suspect they may have put out that one story to try and maintain some credibility as a media organization and/or as a trial balloon to test LeS reactions.

    That said it’s fair game to try and get them to cover related issues (such as ones that Brazaboy suggested).

    This isn’t to take away from your efforts – they’re commendable and you write extremely well and are nimble with your responses. I just think overall we need to adopt a more results-oriented approach and one that generates goodwill in the media.

  275. FoxyLoxy says:

    Good for you devinsmommy. I’m sure that helps convey the message that this issue isn’t going away anytime soon.

    About the media, I’m going to put together a list of pointers a little later and also some suggestions for our LKL blitz.

  276. tweinstein says:

    In response to Greilly’s comment,
    “before she could board the plane in Houston, I had to sign a document saying that she had my permission to leave the US with the boys to travel to brasil for 2 WEEKS to visit her family. Without this document and without specific dates of departure and return being listed she would not have been allowed to leave with them.”

    My wife NEVER was asked for such a document to leave the United states. She traveled to Brazil twice per year with the children for 8 years during our marriage. However, twice there were irregularities in the document that she needed to LEAVE Brazil and bring the children back home. In one case, I was able to fax a copy of the document I had notarized by the Brazilian consulate to the Brazilian federal police and they allowed her to leave the country. The other time I needed to hire an attorney in Brazil to file an emergency petition in Children’s Court to allow their departure.

    My conclusion is the opposite of yours in that the United States is very lax on preventing abduction, while Brazil is very strict. In any event, the majority of mothers who abduct children to Brazil do so while there on vacation with permission for the father. This was the case for me and for David.

    One other note, although I believe that Brazil recently changed the law, I was REQUIRED to obtain Brazilian citizenship for my children so that they could enter the country with their mother. They were prohibited from entering as United States citizens with a mother who was Brazilian (even after she obtained United States citizenship).

  277. tweinstein says:


    Please contact the forum discussion on Facebook that asks for others in the same situation. Without cooperation from the Department of State or Brazilian Central Authority, this is the only way we can compile a list of affected parents.


  278. FoxyLoxy says:

    Thanks LukieD. That’s an excellent article – it should get a lot of attention.

    Can someone please write the website address in the comment section.

    I’m clicking on the comment tab but nothing’s happening (think something’s up with my pc, not the nypost website).

  279. gail says:

    The person from Canada was the one that LeS won custody for, wasn’t it? The father in Canada? I think so.

  280. katie says:

    Does anyone have an updated email list for the different groups we should be targeting – US govt, Brazilan govt, media outlets, etc. There seems to be a lot of posts with different emails suggested but not one mass list.

    If not, I can start piecing something together. I started a topic thread on Facebook which may be a better place to post addresses if people want to make suggestions or post complete lists.

  281. FoxyLoxy says:

    That’s a good idea Katie.

    I don’t have a master list but the categories that seem to come up are government, media, churches/non-profits, forums/networking sites, celebrities, fundraising and perhaps just a miscellaneous one.

    We should probably keep a copy on the active thread here so people can see what’s already been suggested. If you need help give us a shout.

  282. sergio says:


    Something is wrong with your comment. I have 2 kids, both have dual citzenship and carry 2 passports, me included, I need no visa in either country and never had any problems to get in or out of either country. I even travel on expired passports.
    Once you are a citizen with a valid or not passport you will enter either country with no problems. done that many times. and do this on a weekly basis into Mexico. The border officers are even more cautious than those in airports.
    They will check you, test you and all. but all you have to do is to show them your passport valid or not and just say, ” I never lost my rights to enter MY country, who are you to take this right away given to me by birth or by the constitution.” only once some one made a small stink to get out of Brasil with the expired US passport and I said the same thing.
    Mind you in all cases the mother was also present.

  283. greilly says:


    that is what is frustrating to me. It seems it all depends on the day, the weather, and what official is working that day on the rules that apply that day.

    When I was living in Brasil with my wife and 2 boys we wanted to come to the US to visit my family here. The boys were registered as US Citizens AND Brasilians citizens and we had paperwork to show this.

    However, when trying to board the plane the Brasilian Federal Police at the airport would not allow us to board without US AND Brasilian Passports for the boys, despite the fact both the US Consulate and the Brasilian Consulate provided documentation stating the boys did not need passports since they were registered citizens in both countries.

    When my wife went to leave here, at the checkin desk at the airport, they asked to see her documentation showing I had signed a written permission stating she could leave and how long she would be gone.

    Strange it can be so different for different people.

    Also, I will contact the Facebook forum. Do you have that address?

  284. gail says:

    My ex took my daughter to Mexico and he was not allowed to take her out of the country. She didn’t even have any ID. It seems to be far too easy to take a child out of the US.

  285. greilly says:


    as I stated to tweinstein,.. its funny but my experiences have been MUCH different.

  286. greilly says:


    sorry, Im not much of a facebook user… how do I post a message to a forum there?

  287. greilly says:


    >>>> If you want to start a new topic, just click on the “Start Topic” link under the “Discussion Board” header. You will be asked to title the topic and write the first post. If you are interested in participating in an existing discussion, just click on the topic name. There you will find a full display of all existing posts and will be given the option to either “Reply to Topic” or reply to a specific post. Your reply post will then appear at the end of the topic

    I dont see “Reply to Topic’ OR reply to a specific post… and yes Im logged in.

  288. Kimberly000001 says:


    Please post your pointers for the LKL blitz on FB as well as here… we are looking to set a date and make some plans today. Will be looking for your suggestions/ideas.

  289. FoxyLoxy says:

    I’ll have to do them later today. I want to post them here first to get other people’s input. Also, LukieD said there’s going to be some news likely today. I think we should wait for that before we make a final decision on positioning and the date for LKL.

  290. sashaumamabel says:

    Lukie D.,
    I am wondering if David has been getting enough financial help to offset the enormous expenses. I have donated and will continue to on a monthly basis. Has the recent exposure helped? My hope is that he gets more than enough financial help so he can focus solely on Sean and have all his bills and debts taken care of. Then, of course, I’d love to see a huge lawsuit against the kidnapper criminals where David is compensated for pain and suffering. Nothing could make up for the time lost, but money always helps on many levels.

  291. Kimberly000001 says:

    FoxyLoxy…I will watch for that later. Thanks!

  292. LukieD says:

    Thanks for your post. We have raised some money for David through the website but we still have a long way to go to cover his legal and travel expenses. We are planning a BIG fundraiser in the spring here in NJ – a Walkathon. Perhaps you can walk with us or sponsor someone who will be walking. I believe this is the best way to help. Have a look at the Discussion Board on Facebook.


  293. Walkiria says:

    Article from:


    Brazil continues to demonstrate patterns of noncompliance with the
    Convention in its judicial performance. The USCA notes several
    instances during FY 2007 in which Brazilian courts treated Convention
    cases as custody decisions, rather than applying the principles of
    wrongful removal or retention laid out in the Convention. In two cases,
    Brazilian judges refused returns to the United States, citing the “best
    interests of the child.” These decisions contradict the Convention, as
    the Preamble of the Convention declares that the interest of children
    is attained through their return to their country of habitual residence.
    In addition, the USCA notes that judges in some cases continued to
    demonstrate a bias towards mothers and towards Brazilian citizens.
    Further, the judicial process is excessively lengthy, with cases going on
    well beyond the six weeks mandated by the Convention. The appeals
    process adds many months—and sometimes more—to Convention
    cases. For cases to proceed more quickly, the USCA finds that parents
    filing the application for return of their child need to hire a private
    attorney with experience handling Convention cases.
    The Brazilian Central Authority is attempting to limit the number of
    judges who have authority to hear Convention cases. Additionally, a
    number of judges participated in a judicial seminar in December 2006,
    which was sponsored by the Hague Permanent Bureau and attended by
    a representative of the USCA. Despite these efforts, three abductions
    from the United States, initially reported in 2004 still remain
    unresolved (as detailed in the Unresolved Cases section of this report).

  294. devinsmommy08 says:

    That is exactly what the USCA (Child Abduction Unit) has told me…they have written two responses to my emails about Sean. They said they have already cited Brazil as being noncompliant with the treaty. I think they should be removed. JMO.

  295. greilly says:

    I am wondering WHY they would sign this treaty if they didn’t have any intentions of complying?

    What advantage is it to them to sign but not comply?

  296. roger says:


    Conventions are signed by the Executive Branch and not by judges. As noted in the most current post, the Executive Branch of Brazilian Federal Government (that is, the President through his ambassador in the U.S.) has assured David that it has since the beginning tried to comply with the treaty.

    The Brazilian Attorney’s General Office has issued and delivered to the courts an opinion to the effect that the Convention must apply in this case and that David and Sean must be reunited. The Federal Union then joined the case as a plaintiff against the LeS, and is now a party to the case.

    Due to well-familiar separation of powers principles, that’s as much as the Executive Branch can do legally speaking. Their main goal now, and Ambassador Patriota’s willingness to meet with David this past week just indicates it, seems to be exerting political and behind-the-scenes pressure to get the Brazilian Judicial Branch to follow through and get this over with ASAP.

    Why the Brazilian Judicial Branch has not been compliant with the convention? Because the LeS filed lawsuit after lawsuit disputing the application of the convention to this case and the judges must listen to their case and give a final ruling. We’re now in the middle of the process of issuing a final ruling.

    It is not

  297. greilly says:


    thanks for the explaination…. :)

  298. tweinstein says:


    I think you misinterpreted what I meant. I too have been able to leave Brazil with an expired U.S. passport. The problem was not with the United States preventing the arrival of the children, it was with Brazil preventing the departure. They thought that my wife was trying to kidnap the children when in fact she was trying to bring them home at that time. It also appears that your situation is relevant to Mexico. Brazil obviously has a different approach.


    I don’t completely agree with your assessment. My case is 2 1/2 years old and I have not even had a ruling. Thus there have been no appeals to explain the delay. It simply seems that everything moves like cold molasses. In fact, my wife’s attorney has never argued that the Hague Convention didn’t apply. He simply has argued that the exceptions as permitted in the convention apply.

  299. roger says:


    It strikes me that a case these days would go 2 1/2 without a first ruling. Where is is being heard? It’s just uncommon these days in Rio State courts. If you see Sean’s case, there have been so many of rulings, way too may, in fact!!!

    Your attorney can give you an explanation for the absence of a ruling, which I think it’s even worse than an unfavourable decision since without a decision you can’t even begin the appeal process.

  300. karabailey says:


    No one raises better national awareness than Oprah. So I strongly urge you to write to her show..here is the link. i just wrote to her. I have such a strong feeling that she will cover this story if ENOUGH people write to her. Please do it. Its just a form you have to fill out and a short paragraph.


  301. Sereia says:

    I would like to say to David that we are praying for his son came home soon.
    Myself and the Brazilian people are at your side David.
    A Brazilian newspaper open a blog space and people are going there leaving messages and begging the Brazilian authorities to just send little Sean back home with his father where he belongs.
    I hope you have your son with you very soon.

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