Monday's Court Order Reuniting David Goldman With Son After 5 Year Custody Battle Rescinded
SAO PAOLO, Brazil (CBS) ― The New Jersey father battling to win custody of his son who has been living in Brazil for the last four years vows he'll never give up. David Goldman's hopes of finally getting his son Sean back to Tinton Falls were dealt yet another crushing setback on Wednesday, but he tells CBS 2 he's determined to keep fighting.Goldman spoke with CBS 2's Don Dahler on Thursday afternoon, shortly after he had a joyful visit with his now 9-year-old son.
"We jumped on a trampoline together and then he was showing me his wrestling moves on the trampoline," he said. "To me, the moments are precious. I wish they were longer. It's a tragedy."
Goldman, who flew to Brazil after a federal judge ordered the family of his deceased ex-wife to give his son back to him, was crushed when at the last minute a Supreme Court justice there suspended that decision in a hand-written ruling, which was shown on Globo TV, the Brazilian network with ties to the family that holds the boy. That justice, Marco Aurelio Mello, says before Goldman can regain custody of Sean, the will of the child must be determined – a concept dismissed earlier by the federal judge as absurd.
"It is not proper to ask a child at the tender age of nine to make this decision," said Brazilian Federal Judge Rafael de Souza Pereira Pinto.
"There was a very competent report by three Brazilian court-appointed psychologists that clearly stated Sean is a victim of parental alienation syndrome," said Goldman.
It's a syndrome which has also been described as "brainwashing."
"It's tragic that my son is being victimized and I can't save him," he said.
Joao Paulo Lins e Silva is the man trying to keep Sean from his biological father. He married Sean's mother after she took the boy to Brazil and divorced Goldman. She died after childbirth last year.
"I can never give up on my son. And every time I come here and every time I go through something like this it's just a greater and greater urgency to free him," Goldman said.
The Lins e Silva law firm is considered a top organization in international child abduction cases, only usually, they represent the interests of the parent left behind, like David.
New Jersey Congressman Chris Smith (R-N.J.) is introducing a bill next week to punish Brazil economically for ignoring the Hague Convention treaty on parental abducted children.
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