This past week various media, including CBS News, reported the latest in a five-year-old custody battle involving Brazil and the United States. US citizen David Goldman flew to Rio on 17 December to collect his nine-year-old son Sean only to discover that the Brazilian courts were not yet ready to hand him over. According to the article, “US Dad’s Brazil Custody Battle Hits Snag”at the CBS News website, the Brazil Supreme Court has decided to consider an appeal that the boy’s own testimony be taken into account. The boy’s Brazilian family, who filed the appeal, say Sean wishes to remain where he is.
Sean’s mother, Bruna Bianchi, took him from the US to Brazil in 2004 on holiday but never returned to the US. Since then, David Goldman has been fighting for Sean´s return. Bruna died in childbirth a year ago and Sean lives with his stepfather and sister.
Brazil has signed the Hague Convention regarding child abduction. Nevertheless it appears that the Brazilian courts have refused the return of Sean under Article 12 of this agreement, which gives a country discretion not to return a child after a year has elapsed since his or her removal if it is “demonstrated that the child is now settled in its new environment.”
Apparently, the case has attracted the attention of the US government at the highest levels, with both Hillary Clinton and Barack Obama calling for Sean to be returned to the US.
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