When David Goldman applied for the return of his son from Brazil under the Hague Convention for Abducted Children he surely could not have imagined the five-year ordeal that would unfold. On December 23, 2009, two days before Christmas, a federal court in Rio ordered the stepfamily to return Sean Goldman to his father by 9:00 a.m. The stepfamily says that they will no longer fight and it looks like Sean Goldman will finally be returned to his only living parent.
Above: Flags at Hague Convention
The Hague Convention on the Civil Aspects of International Child Abduction provides for the prompt return of children. Under article 11, if a court decision is not made within six weeks, the court can be required to explain the delay. In the case of Sean Goldman, the mother flew to Brazil in 2004 for what was to be a two-week vacation. She then announced to father, David Goldman, that she would be getting a divorce and would not be returning. In a strange twist, the mother died in childbirth and Sean Goldman was left in the care of his stepfather, who refused to return custody to David Goldman. According to court records, David Goldman filed his application for the return of his son within 50 days of being informed that he would not return. The courts in Brazil did not finally determine the matter until five years later.
Mark Gouras, an attorney with the law firm of Gouras & Amis P.L.L.C. is an expert in the area of international child abductions. Mr. Gouras says, "It is not supposed to be this way under the Hague Convention. The whole point of the Hague Convention is to quickly determine which jurisdiction is the habitual residence and to promptly return that child to that jurisdiction. The Hague Convention specifically states that it is not supposed to be a custody battle. What happened to Mr. Goldman is the exact opposite of what should have happened under the Hague Convention. While the child will ultimately be returned, I can only describe the process of returning this child under the Hague Convention to be a failure."
Brazil became a signatory to the Hague Convention on Parental Abductions on December 1, 2003. In the U.S. State Department's April, 2009 Compliance Report to Congress, Brazil is listed as one of seven countries that are not in compliance with the Hague Convention. "The Hague Convention has been a tremendous tool in the recovery of children abducted by one of the parents, but the whole system envisioned by the treaty breaks down if the court won't promptly return the child," according to Mr. Gouras.