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Brazil’s Supreme Wants to Have a Final Word on US Boy Sean Goldman’s Case

Sean and David Goldman Two years after generating headlines in Brazil and the United States the case of Sean Goldman will be reviewed in the Brazilian Supreme Court (STF). There’s no date yet, however, for this procedure.

By a majority vote, the ministers of the First Panel of the Supreme Court decided Tuesday, November 29, that the Court should finally position itself on the dispute of relatives over the custody of American boy.

In 2009, the case created an international legal war centered in the dispute between the Brazilian maternal family of Sean and his American father, David Goldman.

The ministers of the First Panel understand that it is up to the plenary of the Supreme Court to have the final word on the matter because this is a test case, which involves the implementation of international treaties, and that should guide other similar procedures in the future.

Sean Goldman was born in the United States in 2000, the son of an American father and Brazilian mother Bruna Bianchi. The mother brought him to Brazil in 2004 for a holiday, but decided to get a  divorce and remain in the country. She remarried and died in 2008 from complications in childbirth.

David Goldman claimed custody of the child, arguing that the international law dictates that the boy should live in the country where he was born and raised.

After a battle between the Brazilian family court and the biological father, then president of the Supreme Court, Gilmar Mendes, authorized the departure of Sean at the end of 2009 through an injunction. However, the merits of the request were never analyzed.

The case has also created conflict within the Supreme, since the Minister Gilmar Mendes disallowed the rapporteur of the proceedings, Justice Marco Aurélio Mello, in determining the departure of the boy. Marco Aurélio, in his opinion, had ruled that Sean stayed with the maternal family.

ABr

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  • Show Comments (6)

  • mortgage loans

    respond
    Don’t have enough money to buy a house? Do not worry, just because that’s possible to take the mortgage loans to solve all the problems. Therefore take a student loan to buy everything you require.

  • Massmom

    Hope they all heal
    It’s a shame this custody battle had to snowball the way it did. Everyone lost something precious. The mother lost, the father lost, the grandparents lost, the step father lost, and Sean lost. There is only one child, and he cannot be parsed up into pieces. The mother, grand parents, and step father behaved selfishly (and illegally) by stripping Sean’s father of his prental rights. They broke US law where Sean was born. It was a child abduction. Had the mother not acted so selfishly I think Sean might have enjoyed a less traumatic childhood, and possibly strong bonds with all of them. Trust has been voliated supremely here, and there’s not a lot of reason for Sean’s father to trust his former in laws. Perhaps, as an adult Sean may choose to reconnect with that other part of his family but the grand parents should realize that the selfish and devious acts played out by them and their daughter years ago set the stage for the situation they are in right now. They are not victims.

  • carrie

    No way
    Again? Then what? There is absolutely NO way Sean Goldman will be sent back to the toxic atmosphere of his mother’s family in Brazil. The grandmother had the chance to make things right (Sean could have visited her during school breaks) but instead she condoned the kidnapping and kept it going. She has lost her mind and nearly poisoned the mind of an innocent child.

  • us observer

    you know this story of this example of a naive and gullible american getting played by a green card hore is really boring this guy gets what he deserves for getting involved with a brazilian national in the us more then likely a tourist visa abscounder in violation of us immigration laws and trolling for a stupid american to fraud for a green card …which is a felony punishable by 215 years in federal prison …illegal brazilians have been busted for this crime frequently in south florida,massachusetts ,connecticutt and new jersey wich has congregations of illegal brazilians operating in document fraud ,countrerfeiting,bank fraud and identity theft and fake brazilian passports

  • Spiffy

    US Observer strikes again……..
    I am an American and anybody of any country that is unsuspecting and naive is a target and not just from unscrupulous Brazilians. Even unscrupulous Americans. You make us sound like bunch of sheep that don’t know whats going on.

    No way, never, never, and never ever???? Talk about naive, what rock have you been sleeping under? Wake up….

  • us observer

    just say no !!!!….no way ,never ,ever ,and never ever, .and then call us immigration authorities
    this story should be made into a movie so as to show americans not to get involved with foreign nationals hustling for a green card from unsuspecting naive americans….

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