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| The Brazillian Relatives of Sean Goldman Still Want to Battle; What Do You Think About This Whole Thing | |
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| Tweet Topic Started: Dec 30 2009, 04:53 PM (294 Views) | |
| BlueMolly2009 | Dec 30 2009, 04:53 PM Post #1 |
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LOLcat Freak
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It looks like Sean Goldman's Brazillian relatives don't want to stop getting custody of this boy. The way they paraded him through the streets made me ill. This boy has been through so much already. I think his dad is doing his best to protect him, but his Brazillian family doesn't seem to care. I mean, if they cared for him, they wouldn't have did what they did and paraded him in front of the cameras. I do think they should get visitation rights, but it should be here in the US and not send him back to Brazil and have it supervised. An article about the story with Good Morning America video |
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Molly Myspace My Twitter My FriendFeed My Facebook ![]() Boston Chihuahuas (I took this while at a Starbucks) | |
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| Cleo | Dec 30 2009, 05:03 PM Post #2 |
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That's why the Brazilian family want the boy, because they love him. The boy is old enough to choose where he wants to stay. His dad is doing his best to make money that's why he already said he will want $500.000,00 from the Brazilian family. You just don't know what you are talking about Molly, sorry.
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| BlueMolly2009 | Dec 30 2009, 05:10 PM Post #3 |
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LOLcat Freak
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Sorry, the father wants what's best for the child. The mother took him away from his father. The father has been fighting to get him back. The Brazilan family doesn't give a crap about him, because they took the boy and paraded him around. And of course the father wants money from the family because of all the effort and time he's taken to try to get his BIRTH son back. I think I know what I'm talking about. |
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Molly Myspace My Twitter My FriendFeed My Facebook ![]() Boston Chihuahuas (I took this while at a Starbucks) | |
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| Cleo | Dec 30 2009, 05:22 PM Post #4 |
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First, Brazilian culture is different from US culture. Mothers stay with the kids when the couple divorce and the father can visit the child, so, don't judge another culture based on your culture. There is not wrong and right side. There are 2 different cultures and points of view. Second, don't say the family doesn't give a crap about the boy. Many people are already hurt. His grandmother adores him and that's why she wants him. He is the son of her dead daughter. That's why I tell you Molly, don't talk about something you don't know. Sean wants more than his son, he wants money because the family is rich. You watch the news on TV and you think you know everything? He has the right to stay with his son but if he really cared about his son, he would want what is best for him, and what is best for the boy? The boy should speak. He is 9 years old, he knows where he wants to stay. |
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| Monkey Chow | Dec 31 2009, 02:45 AM Post #5 |
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beep beep m beep beep yeah
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I figured there must be some cultural differences. I can tell you basics from GA/USA: The child goes with to the surviving spouse. A child is not considered competent to testify at 9. In certain cases, if a foundation is laid that the child is competent, the child can testify. In custody matters, judges hate to have the child testify. At 9 the child's wished do not matter. At 12, the child's wishes are taken into consideration. At 14, the child's wishes are fairly strongly considered. However, it is always a consideration for the court what is in the best interest of the child. (You may not rely on this as legal advice). |
| Everybody's got something to hide 'cept for me and my monkey. | |
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| pood for paul | Dec 31 2009, 03:05 AM Post #6 |
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A 9 year old boy should not be able to decide where he wants to live. This boy was taken out of the US, by his mother, under false pretenses, his father thought he was going for a vacation. Once the mother was there, she divorces the father and remarries. This child should be with his biological parent (who did nothing wrong) He should have been returned to his biological father after the mother died. |
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"Hey Jude, don't make it bad... Take a sad song, and make it better..." | |
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| Cleo | Dec 31 2009, 03:19 AM Post #7 |
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The case is in Brazilian court and there are laws in the country that should be respected. A 9 year old should be listened, it's the basic right he has as a human being. He is not an object. He has feelings. It's easy to say he should have been returned to his biological father after the death of his mother. His mother died last year. He has a 1 year old little sister. It would be cruel to say "Ok, your mother died, now go to your father". Hey, this is not how things work. He should stay with his father? Of course. He also should keep in touch with his family. Interesting article http://www.time.com/time/world/article/0,8599,1948919,00.html "There are few winners in the case of Sean Goldman, the 9-year old boy at the center of a custody battle between his American father and Brazilian stepfather. But the losers are easy to spot, starting with common sense. More worryingly for Brazil, a growing nation desperate to be taken seriously on the world stage, is the damage being done to its image. One of the reasons foreign investment in Brazil has risen so significantly over the last few years is that Brazilian law is relatively solid. Unlike neighbors Venezuela or Bolivia, for example, foreign companies in Brazil do not fear that the goalposts will be moved in the middle of the game or that powerful interests will tear up agreements. Brazilian lawyers said Sean Goldman's stepfather, João Lins e Silva, has diligently followed due process in his attempt to retain custody of his late wife's son. (She died in childbirth earlier this year.) But there is still a sense that the already slow legal system is being swayed, in part, by money and influence. Sean's stepfather's family, the Lins e Silvas, is well known in Brazilian legal circles and they have so far used the system skillfully to retain custody of the child. "The Brazilian family are respected lawyers and they understand the situation and they know what steps they can legitimately take within the system here," said a U.S. official familiar with the case. "But what we need to make clear is that the Government of Brazil is in agreement for his return [to his biological father]. We need to work through the legal system so the Brazilian government can enforce the return." Indeed, David Goldman had flown to Rio de Janeiro to pick up his son after a federal court in Brazil ruled he had legal custody of the boy, only to be greeted by news that a Supreme Court judge had decided to halt the procedure, declaring that the boy himself had to testify about where he preferred to live. If online comments are anything to go by, most Brazilians are embarrassed by the situation and believe Sean should be reunited with his family. Several of the almost 2,000 responses to an online story in the Rio newspaper O Globo accused the Lins e Silvas of "kidnapping" the boy. Some criticized what they called a stunt by the boy's step-grandmother of displaying to the press hand-painted posters purportedly written by the child that declared "I want to stay in Brazil forever." Others online commenters argued that another family without the name or legal background of the Lins e Silvas would have not secured such consistent triumphs in the appeals process. "It's unbelievable and surreal that they are not giving custody of the boy to the biological father," read one typical comment. "This is only happening because the stepfather — the one with the least right to the child in question — is a rich and well-known lawyer. This story disgusts me because it is representative of thousands of other equally unjust [tales], where power speaks louder than ethics and justice." Lawyers here cautioned that judges rule according to law, not public opinion, and stressed the correct legal procedures have been followed to the letter, albeit slowly. But that tortuous process has irritated many Brazilians and not just because they feel there is one law for the rich and another for the poor. Many see the Goldman ordeal as a glaring showcase of how molasses-like Brazilian justice operates — of how justice often denied because it's so inexcusably delayed. Moreover, in a nation where family is all important, people have been critical of the spectacle of people fighting so blatantly over a child. Brazilians cannot understand why David Goldman did not visit his son for several years. But they also have trouble sympathizing with a family that is putting a 9-year old through an emotional wringer. If there is a silver lining it might be in focusing attention on an unresolved issue of international law. The U.S. State Dept said Brazil "demonstrates patterns of non-compliance" with the Hague Convention, the global treaty on protecting children it signed in 1999. At least 46 other minors are currently being held in similar limbo past the six-week deadline mandated by the accord. But whatever the international legal agreements, this case has been and eventually will be decided by Brazilian courts. The court of public opinion, however, has already ruled. No one is innocent. Except poor Sean." Edited by Cleo, Dec 31 2009, 03:20 AM.
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| BeatleBarb | Dec 31 2009, 06:53 AM Post #8 |
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Prima facie (Ron - that's for you...lol) I have to agree with Judy and Ron, but I'm sure it's even more complex than it appears, not to mention cultural differences that come into play. A horrible sitation, no doubt. |
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