The Federal Court in Brazil issued an order for visitation permitting David to see Sean for the first time in four years. David flew to Brazil for a visit scheduled for Friday 17 Oct at 8:00 PM. The visit was delayed until Saturday but sadly it never happened.

—–Original Message—–
Sent: Fri, 17 Oct 2008 5:31 pm
Subject: Sean
I’m in Rio. It is 6:30 PM and it appears that it is still a go with visitation beginning at 8:00 PM. I have spoken to a U.S. consular officer who will accompany me. My attorney and two court officers will also come. It has been a long travel with a several hour lay over in Sao Paulo. But, I am here now just 20 minutes away from where Sean is supposed to be staying. I am cautiously optimistic. I think it is a very good idea to hold a vigil in Ipanema. Some officials have encouraged that as well, in order to help spread the word in Brazil. I will keep everyone posted as much as I can. It is all so very surreal.


—–Original Message—–
Sent: Fri, 17 Oct 2008 6:03 pm
Subject: Re: Sean
I just got a call from my Brazilian counsel. The visitation will not be tonight. We are hoping for tomorrow at 8 AM.

—–Original Message—–
Sent: Fri, 17 Oct 2008 7:02 pm
Subject: Re: Sean
Apparently, Lins e Silva filed an appeal today in the 2nd level court claiming I should have no contact with Sean. He continues to claim that I have abandoned Sean for the last four years. He claims that I do not want anything to do with Sean. He claims that my interest is only $…not Sean. The good thing is that the 2nd level judge of first instance (it’s a 3 judge panel) denied the appeal. He said the claims are unfounded. He said because it is late, it’s raining, there is a lot of traffic, etc., visitation will begin tomorrow at 8 AM. I am encouraged that the Fed level judges have not yielded to Lins e Silva. It’s about time. I will remain cautiously optimistic. -David

—– Forwarded Message —-
Sent: Saturday, October 18, 2008 11:43:42 AM
Subject: Re: Sean

We arrived a little before 8 AM to the address filed in State and Federal court by Lins e Silva as Sean’s address. I walked up to the gate outside the condominium with two plain clothed Federal agents, three Fed court officers, one U.S. consular officer and my Brazilian attorney. I waited outside the building while the Fed. court officers and agents presented the order for visitation to the security of the building. They all went into the condominium to meet Lins e Silva and ultimately begin the visitation process for Sean and I. We hoped Lins e Silva would cooperate and handle the delicate situation with compassion for Sean.

I remained outside the gate preparing myself as best I could to finally after four + years to reunite with my son. Twenty minutes later the Fed. agents/officers appeared WITHOUT SEAN.

In the apartment were Bruna’s father, brother, the new baby and some servants. NO SEAN and NO LINS E SILVA. The Fed agents were told that Lins e Silva and Sean went away yesterday and they are not sure where they went. The agents checked the apartment and did not find Sean or Lins e Silva. The security of the building said they don’t think Sean lives in the condo because they don’t see him there all the time. As is becoming the normal the most egregious behavior by Lins e Silva and the Ribeiros keeping Sean and I separated has continued. Actually, now it is worse, because they are disrespecting even a Brazilian Federal Court order and up until now getting away with it The Fed officers will report back to the Fed judge of the events that occurred. It is Saturday morning and I don’t know when the Fed. judge will learn of this morning’s events. I hope Monday the latest. How long can Lins e Silva and the Ribeiro’s continue this blatant disregard of the law? How long can they obstruct justice? Will they ever be held accountable? So once again I’m in Brazil without any contact with my son, while his kidnappers go about their daily lives unscathed. I will not give up. I am not sure how long I will remain in Brazil. I just can not believe that such evil and illegal behavior with complete and flagrant disregard for my son as well as for the Brazilian, U.S. and international law can continue. I will keep everyone posted. I will not give up on my son……EVER!


21 Responses to “Heartbreaking News – Lins e Silva Defies Federal Court Order”

  1. tiara7 says:

    DO NOT GIVE UP. I am praying for you and for Sean. I have complete faith that he will be returned to you. It is just a matter of time. It sounds like you finally have the Brazilian legal system on your side so these idiotic, selfish people can only hide for so long. You have come so far in your struggle to get your son back and you will get him back.

  2. kelleyt63 says:

    I have a gut feeling that the reigns are getting tighter and tighter for them, and they know it, and their all probably feeling a little desperate at this point.

    They have been calling the shots for 4 years, playing this dirty game w/ David, disregarding the laws, and paying their way through every illegal stunt they possibly could.
    Finally, the media and the feds are starting to respond in Davids favor, something I’m sure they never thought would happen.
    We all need to keep doing our part in sending out emails to all gov’t agencys, and spreading the word about this story.

    David, please continue to be strong. I pray for you every day, and I know many, many people are.
    I truly believe you will get Sean back, it’s just a matter of time.

  3. says:

    that is so unbelievable. So typical. There is no way that this can be happening to this poor man. Every chance they get they smack him in the face. I swear I wish I was in Brazil. Imagine what this is doing to the poor boy. He must be so confused.

  4. Mom25 says:

    David, please don’t give up. It will be okay at the end… I know it will.
    One thing we have learned, in our blended family situation, is that the kids will sooner or later SEEK for the “special piece” that is missing in their puzzle, in their lives… once they realize they are being taken for granted, missing out on a real relationship, believe me, they reach out until they are heard and have their lives back to some balance they can cope.

    Sean is going to be okay because of you! because of your unconditional love for him!
    Just think that today you are ONE day CLOSER to being with him!!!!! You are shaking everyone’s grounds in Brazil and these people know that there is nothing – NOTHING – they can do, to stop you from being Sean’s dad… his real and only daddy.

    Your love for your son will carry you through.
    You have great friends and a great network of supporters.
    We are walking with you to the finish line!!!

    Blessings and prayers

  5. grela says:

    What else can we do to Help!

  6. KillemwithKindness says:

    This is the third time for me on this website, so I decided to register! I will continue to pray for you David and your son Sean…justice must be served. Sean has no ties or reason to still be in Brazil after his mother passed away, his “step dad” must be a monster trying to keep him away from his blood, his love, his father, everything!! I lost my father three years ago at age 20 and feel I was so young to lose someone so close and dear to me…but at least I had him for all those years. Sean has a life ahead of him and the only person he should spend that with is his father, not a “wanna be dad”. I wish I could help out, right now I have a lot of time on my hands and I would love to be able to do something for you…anything at all! I might even go to Brazil sometime in Jan. so if I can do anything please let me know. I will be praying for you both. God Bless!

  7. JamesJosephs says:

    It is hard to believe that the Brazilian media refuses to cover this story, ostensibly because of fear of reprecussions as a result of an injunction by a Rio state court, while the Lins e Silva family cavalierly ignores a federal court order. Is there not one real journalist in the country of Brazil?

  8. grela says:

    Lets boycott Brazil…

  9. JamesJosephs says:

    The absurdity here is that the Brazilian media is prohibited from reporting on lins e silva’s defiance of the court ordered visitation because the media is obeying a court order.

  10. naynaybr says:

    As a Brazilian national I could not agree more about the absurdity of the national media avoiding to show the country David’s drama.
    I am sure if the major TV networks showed Brazilians what is going on,thousands of people would be sympathetic to David’s cause and would try to help him as well as pray for Sean to go back to his real dad.
    Money has always talked BIG TIME everywhere in the world and of course, it is much more “talkative” in developing countries.
    What the Lins e Silva are doing is completely unacceptable and hopefully they will have their license to act as lawyers revoked as soon as possible.They are criminals and deserve to be treated like that.
    As far as Sean’s happiness is concerned,nobody in the “Brazilian side of the family” has thought about it so far.
    Don’t give up, David, good things come to those who wait patiently.I just wish I could help spreading the word even faster in Brazil, and really pray that some Brazilian newspaper or Tv Network will have the guts to defy this family power,show Brazil your drama and prove one more time that money still screams in Brazil more than human rights.
    Gd bless your heart and be with you through all this tough times.

  11. ninah says:

    the reaction lins e silva had when taking sean away is a product of the press calling their office and homes to inquire about the case together with david’s visit and visitation order issued by the judge. there’s a court injunction but the press is researching a way out of it. a friend of mine that works for a famous newspaper in rio de janeiro advised me of the situation. several reporters were hung up on when they tried to talk to the secretary at their law office in ipanema. one of them was threatened by the new husband with a civil suit. it’s just a matter of time and they are going to start covering the case. we gotta remember the press in brazil is also concentrated on the tragedy that happened during the past week when a fifteen year old was held hostage by her ex boyfriend and he ended up killing her. just look at any brasilian news website and you’ll see the girls’ face all over the front pages.

  12. fcosta says:

    i’m going to say the same thing everybody did: don’t give up! Be strong! We’re all praying for you, and i’m sure you’ll get your son back.
    You deserve it, you’ll win this fight!

  13. iogx13 says:

    Think of this as a positive!! They are running scared now, and they know we are getting a response from the Brazilian Courts!! You will have Sean back in no time–you haven’t come this far for nothing–we will keep riding them until we get the response that is right for you. Stay optimistic and know that we are all behind you!


  14. Karen Wall says:

    Hang in David. Your friends in the fishing community are behind you, too.

  15. tenorplus says:

    Keep your focus!!! These individuals need to be brought to justice and account for their unlawful dealings. Our thoughts and prayers are with you… and hopefully, the Brazilian government and judicial system is starting to ‘get the point’. We’re with you all the way, David ~

  16. JamesJosephs says:

    1. What, if any, are the reprecussions for defying a court ordered visitation?

    2. What was the response of the federal judge when he learned the facts of Lins e Silva defying his order?

    3. Does David have to go back to court and get a new visitation order, or is the current one still enforceable? What are the legal steps required to enforce this order?

  17. momofthree says:

    David, you obviously have a great support group. You have family, friends and strangers like me that are praying for you and Sean everyday. I, like others, truly believe that you and Sean will be reunited. I am truly sorry for the pain that you have to live with every day because of this man and his family. They are heartless!!! You stay strong David and know that one day, you and Sean will be together. Then, you will have the rest of your lives to catch up, play, and love one another. He is a very lucky boy to have such a great dad. Just remember, hang in there because one day soon Sean will be in your arms again. Missy

  18. titico says:

    I have read your story and I am so sorry for your situation. Keep up the fight and never give up. I will be praying for you.

  19. lisa says:

    I have read your story and i am appalled at what these ‘family’ lawyers in Brazil are doing to David and to Sean. I lived in Brazil for 10 years and i know first hand the style of treatment that foreigners get in the justice system.
    I have spread the word to my friends in Rio de Janeiro and hopefully it will get to the right people. They range from lawyers to television personalities. I sent a letter to Globo as soon as I saw the broadcast on the Today Show,but of course they have yet to put it in the press there.
    Keep up the pressure,don’t let these Lins e Silva people get away with this.
    International pressure will work if we keep up with it

  20. Rita B. says:

    I don’t understand.

    Aren’t court ordered visitation orders enforceable in Brazil?

    How can you just ignore a court order? Especially, if the guy is a lawyer.

    It is one week later and the visit still hasn’t happened?

    In the U.S. the police would be involved and the lawyer would be disbarred.

    What a third world cesspool.

  21. ana says:

    It is unfortunate that this people are doing this to David. I am praying he and his son will be together soon.
    David, there are lot of us brazilian praying for you and we are tired of the laws in Brazil protecting the rich and influential. Just keep in mind that these people (Ribeiro, Lis and Silva) do not reflect the majority of us.
    Our community are angry for what is happening to you. We trully hope you and your son will be together soon.
    We pray that this is over soon so you can provide Sean with the confort and love he needs to cure the pain of the years apart from you and for losing his mother.

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