Controversial Child Custody Case from Brazil Resolved…..for Now.

One can only imagine the feelings of frustration David Goldman felt as he knew his nine-year-old son was being raised by another man thousands of kilometers away in a foreign country.

The boy had been taken by his mother on a vacation to Brazil in 2004, and they simply didn’t come back. While there, his mother divorced Goldman and remarried. After she died in childbirth in 2008, the boy’s stepfather and family had been raising him in Brazil and refused to return him to Goldman, maintaining that it would be unhealthy to remove the boy from the only life he knew. Two weeks ago, Sean Goldman was finally turned over to his biological father after an intense 5-year custody battle, bringing a happy conclusion to the story that had made headlines around the world.

International or intercultural marriages are on the rise and are being coupled with increasing divorce rates, which raises the issue of parental abduction.

Is it abduction if the abductor is a parent? Yes, if the parent leaves the country or area specified by a custody agreement or visitation court order. These kidnappings can be domestic or international and even involve a parent who refuses to return a child on time.

Difficult cases like these make it especially important to have a solid child custody agreement when dealing with a divorce in Ontario. Having full custody will also work in your favour if ever threatened with a similar situation or even a totally different case. If you are involved in a divorce or facing a pending divorce and have children, call Niren and Associates  Family Law Practice at 416 222 4555 or info@divorcesupport.ca

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By michael - Last updated: Sunday, January 10, 2010
Filed in Child Custody in Ontario, Divorce, Divorce Lawyer • Tags:


Child Custody Battle Sparks International Dispute: Canadian Perspective

8 year old Shawn Goldman has been torn apart by his parents divorce. Four years ago he was taken by his mother away from his father in the US to Brazil without the father’s consent.

According to CNN, the mother died while giving birth to a child in Brazil she had from her second husband last summer. The dispute would have presumably ended there, but when Mr. Goldman flew to Brazil to collect his son, he discovered Bruna’s (his ex-wife) husband has petitioned to have Mr. Goldman’s name removed from Shawn’s Brazilian birth certificate, though he was born in New Jersey.

According to the Seattle Times, Mr. Goldman has spent over $360,000 trying to get his son back. The case has so far received significant international attention, but the Brazilian government has been slow in dealing with the matter, despite the 1980 Hague Agreement “which seeks to protect children from the harmful effects of abduction and retention across international boundaries by providing a procedure to bring about their prompt return”.

From our perspective here in Canada, if you plan on taking a child out of the country, especially where there are child custody issues, there are legal family law issues that must be considered.  Not only are there international laws that may be applicable but also Canadian family law relating to custody and access issues. It is therefore imporant to consult a famly lawyer to discuss the legalities of escorting a child outside the jursidiction of his or her residence even if you have consent from the other parent.

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By tali - Last updated: Friday, July 17, 2009
Filed in Child Custody in Ontario, Divorce, Toronto Family Lawyers • Tags: , , ,