Tuesday, December 29, 2009

The misinformation on David Goldman's case

The misinformation on the custody case that David Goldman has spurred is so hypocritical that I can't be quite about it anymore.

It's just that since I'm a Brazilian and Law graduated in there, I'm very aware of the law involving this case; at the beginning I was even sympathetic about his side of the story, but once one searches the other side and I heared in my native language the other side and all the legal and fact issues and the more he gets the liberal NBC sympathy and ugly portray of his ex-wife who is no longer here to defend her side, it just shows his character.

It's important to note that there was no international kidnapping and that's the reason that he wasn't getting the child custody recently; Bruna Bianchi brought Sean Goldman to Brazil with the biological father's acceptance, doesn't even matter if he argues that he didn't know, because that is other issue, and as far as the information goes, he was supposed to go there and didn't; thus, they got divorced and it's legal for a Brazilian citizen to get divorced in her own country, thus maintain the child custody.

Now, why didn't he go there ? How can a father doesn't go to visit his child for 5 years ? His argument that the family didn't allow him to see the child is so visibly false! The family did not impede him of seeing his biological father.

One day I saw David interview showing one single package that he tried sending to his son and had been returned to the USA while the family was away on vacation; I know it by own experience that many times when during my engagement my American husband sent some package it would have to be taken at the Postal office until 15 days, but if the person is away it goes back to the sender!

As far as I know he didn't try to get the custody of his son while his ex wife, Bruna Bianchi was alive...Though, weirdly while talking to her on the phone, he recorded her voice, thus only showing on TV her voice, but not what he was saying...Isn't that strange?

The relevant aspect of the story is that when David Goldman got divorced, he never wanted to see his child again, only after his ex died, though alleging international kidnapping citing the Hagen Convention.

Now, it seems they weren't happily married and Bruna's mother has mentioned that the boy even saw some fights...Now David pretends that he knew nothing was wrong and blames on a person that is no longer here to contradict him.

He just portrays Sean's mother as an unhealthy selfish person when he's been exploiting the child's imagine and getting the sympathy of multitudes through NBC's endorsement of his cause due the dramatization of it to attract more viewers to their money making drama.

In all Brazilian news, not once you can ever see Sean's clear face! Yet on MSNBC, you can see clear pictures of Sean's face which is an abuse of his privacy and goes against children's protection.

David Goldman has exploited so much his own biological son's imagine to gain power and money that it's frightening; in his website he was even selling his dead ex wife's picture in an apron and T-shirts with Sean's face and I did happen to see it in his site a year ago when I felt bad for this dad.


That's one of the reasons Brazil wasn't allowing him to come back and not that they weren't respecting the Hagen Convention!It had been decided that the Convention wasn't applicable to this case.

It's ought to be explained that after Bruna's death, the Step-father was able to get only temporary guardianship of the child, since that a child can't be without guardianship under Brazilian Law and besides the boy has gotten a baby sister there and he's got dual citenship; nevertheless only after her death is that Mr.Goldman really intented to get Sean' custody, since he never asked for visitation.

Besides that, according to Brazilian Law and to the Hagen Convention that the USA and Brazil are signers, it must consider the well-being of the child; Brazil does give preference to giving custody's to biological parents,unless that is not the best for the child's well-being.

Now, Sean's Brazilian family is a prestigious family in Brazil; Bruna was a business lady and she happened to remarry Joao Paulo Linz that comes from a highly competent lawyer's family and they happen to enjoy a highly life style.

I know which neighborhood Sean was living, because I happen to have lived there as well and I know New Jersey pretty well as well and it's just almost impossible that he would be able to adjust to the drastic change.

The point is that I sensed that David's exposition to the media and etc, just showed a lack of character and it was visible that he was after the money that The Bianchi and Linz family possesses and today it has surfaced that he desires to get at least U$500,000 from the Brazilian family! The child is Bruna Bianchi's heir, so that makes sense for him to want so much the custody after so many years of neglect of visiting his son.

Besides that American politicians such as the one in New Jersey that threatened Brazil with U$ 3 Billion Dollars product tax fees is so illegal, besides the liberal media's help to Goldman and his Hillary and Obama's sympathy that wanted to talk to Brazil's president !

Don't they knew about the "Checks and Balances doctrine" that the "Executive Power" doesn't interfere with the "Legal Power" ?

Yet, all these American politicians seemed to fly to Brazil and Then other interests of some business men seemed to have influenced the Brazilian Supreme Court Judge...After some politician's involvement in a Justice Power case, and dealing with higher economic forces, even before the Judge's decision, the Brazilian Lawyers Union had sided with David Goldman.

But, one thing can be assured the truth always surfaces and at the end Justice will always prevail.

May G-d comfort the broken heart of the grandmother that knows the details of this ugly battle and now sees that David is really after her money; after all, his money has being flowing from his website to bring the child to the USA and from the media drama.


PS: Firt of all I'm doing is analysing the situation out of the perspective of the Media that influences in general people.

I'm not in anybody's favor or agaisnt David - what I'm doing is just analysing that some people just assume something against Sean's mother without the big picture and not aware of the legal matters judge things.

Besides, I'm in favor that a biological father stays with custody, nevertheless I find weird that he exposes his son's image at his site and makes money out of it: http://bringseanhome.org/index.html
and in youtube videos from interviews they add their own edition with Bruna's recording voice - and find weird that when a person is recording the other - one can lead the person to say what they want to hear.

Kidnapping means to abduct by force or fraud - so, I'm just analysing that there's an accusation without vehement proof that there was a fraud, since no child leaves a country without WRITTEN permition - he was supposed to go there anyways or there was problems in the marriage - in all the instances in Court understood that there was no kidnapping.

Thus, later when a couple signs divorce the custody is set, if they divorced, there was a settlement and custody is set.

The second part of the issue is that the mother died, thus the custody issue is raised again regarding the guardianship that the biological father is entitled - though elements of the child's well being is analysed and the question regarding a new born sister is raised.

All I'm doing is raising legal and facts issues, not taking sides, but due to the fact that I'm seeing big pictures and not taking sides, I find even more disturbing that people that do support the father right away assume: Oh you have an agenda or call out for ignorance!

I question why a father has to go into the media by showing his own son's image - thus, it's not healthy the exposition and the critic against the son's mother who is no longer here, but is being considered guilty without the privilege of doubt and all I'm doing is raising these questions.


Dual citizenship people and their mothers usually travel to their countries - mothers usually travel with babies and toddlers to their countries back and forth -

I'm not a big favor of divorce - the best is for couples to work out their differences, but I'm not going be judging or accusing people, thus just following the news media.

At least the media in Brazil didn't side with any side, just show the information on both sides and there's no selling of drama.

David asked for U$500,000 dollars, supposedly for legal fees but he's got donations for the law suit as it can be seen in his website above.

Now, you can just see that all people make up edition on videos for David as you can see at

http://www.youtube.com/watch?v=to4F3Jb_aLI&feature=related

it shows the grandmother talking, and David's recordings - she's saying that David payed the mortgage and her daughter the bills, etc, she's not saying that he didn't work - also she was saying the presently Sean didn't call him father which came out in the press lately... and he was supposed to go on the third week there, and then they show a part of a recording...Weirdly a year ago there were products being sold at his dad's website.

I Just wish David be a good father and not exploit his son's image selling to the media.



http://www.youtube.com/watch?v=MYEIqrBYl6U

6 comments:

  1. I am also suspicious of David Goldman's motives, but it appears I am the only American who is. :(

    Ed

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  2. Very good article. One new perspective. The media doesn't see the boy's life. They just sell an ideological soap-opera.

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  3. The claims you are making are rediculous and unfounded. How can you prove any of this? It appears you have a personal agenda and are not demonstrating objectivity. How do you know what the mother and fathers relationship was like? How do you know it is not in the best interest of the child to be with his father? You don't even cite your sources. Why and how would Mr. Goldman benefit financially from Bruna's family? Did you stop to think of how much time and money this man has put into getting custody of his son? Do you realize how difficult it is to handle custody and visitation matters within the country you live in, little lone another country and the red tape involved with processing the appropriate paperwork? This stuff does NOT happen overnight, it drags out for years obviously this case is absolutely no different. If this man did not want his son he certainly would not have invested so much time and money and put his whole life out their for the world to criticize, by people such as yourself. If you are a law graduate, you might want to consider behaving in an ethical way and be a little more selective on who and want you decide to defend. You might want to consider putting yourself in another persons shoes before you decide to represent a low life that is trying to suck the very life and breathe out of an individual you know nothing about, all for selfish reasons. Maybe Ms. Bruna just wanted to wipe the slate clean and start anew - alot of people want to divorce a descent person because they do not mesh well together and not have to deal with the baggage involved. Who does? A descent person will not take the rights away from any individual that has done no wrong. Can you prove Mr. Goldman was abusive or she feared for her life or her child's life? Can you prove beyond a reasonable doubt this man would do harm? Can you prove he has a track record? If not you may want to reconsider you statements and let this father and son reunite and get to know each other after years spent apart, obviously not by the will of the father. This happens all the time and people will justify their behavior by any means possible. Don't forget the human side of life - that is what counts don't discredit it, and don't give your soul to defend what you don't know. It's all about karma what you do or help others do will come back to you - one way or the other. There are always two sides to every story, you might want to spend more time finding out the whole story before you jump on a bandwagon and lead some poor soul to his/her persecution. It is people like you that thrive on someone else's pain to justify your own needs. I just hope for you that you realize what humanity and love really means and you use this law degree for a good purpose rather than harming and labeling innocent people. You have researched but one side. It is a shame.

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  4. I am Canadian born and my child has a dual citizenship.I have the same dual citizenship because I am the natural mother.

    I can neither leave Canada nor enter our second country,with my daughter, without clear legal proof that her father and I agree she can travel internationally.The reason for travel must be clearly stated as well.If we used our non Canadian citizenship we must report to the local authorities,advising them of our arrival and intended purpose for being there.

    It is strange to me that Brazil chooses to interpret the law in such ways.That's their choice.

    If I tried to do what Bruna did I would be in prison.Wouldn't matter which country I ran to.

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  5. I totally agree with you. The media coverage on the Sean Goldman case was very one-sided. NBC romanticed the entire case. If you see the Dateline special, Sean looks very very sad. However, Meredith Vieira tells us that the boy is pleasantly setteled in NJ. What a fabrication!!! Additionnaly, if you read the transcript of the interview posted on the NBC site, David is indirectly talking about a Hollywood producer and how the story would be perfect for a movie -- a Christmas miracle. Am I reading too much into it or can anybody else see it? For me he was providing a script.

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  6. Dear Canadian citizen,

    Before leaving Brazil, the other parent has also to give a written permition and so from the USA, therefore it's not kidnapping.
    I have a friend who had a child with her canadian husband and then separated; she paid for the custody fees, and moved back to Brazil, until now her ex hasn't even sent an email.
    That's figured abandoment after one year!

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