Divorce Attorney Applauds David Goldman Efforts
December 23, 2009
(Great Neck,N.Y.)-Jerome A. Wisselman, Senior Law Partner and Founder of Wisselman, Harounian & Associates, P.C. and law partner Jacqueline Harounian have been closely following the efforts of David Goldman to secure the return of his nine year old son, Sean Goldman from Brazil to the United States so that the father and son could be reunited and live together. Mr. Wisselman respects the fact that David Goldman continued to try to see his son and never gave up his five year battle to bring Sean home to New Jersey. Moreover, David Goldman does not bad mouth the stepfather with whom Sean has been living, even though the stepfather has even gone so far as to take Sean into hiding. Even now, after all the turmoil, according to news reports David Goldman has assured the stepfather that he can visit Sean in New Jersey if he would like. This is more than David Goldman has been allowed over these painful years of legal wrangling.
David Goldman has been trying to obtain custody of his son since Sean’s mother “kidnapped” him at the age of four, when she pretended to go on vacation while never really planning to return to the United States. Sean’s mother, Bruna Bianchi arrived in Brazil and quickly divorced David Goldman, sought and won custody of their son in Brazil. In August, 2008 Bruna Bianchi died in childbirth and Sean has been living with his stepfather, a family law attorney in Brazil.
David Goldman went to the courts in New Jersey and obtained custody of Sean Goldman in August, 2004. This action makes sense based on the events that had taken place up to that point. According to the Hague Convention guidelines, at that time Sean Goldman should have been returned to New Jersey to determine custody of Sean as well as determining visitation and support matters.
Brazil’s government and courts choose to ignore the Hague Convention in this matter. The Hague Convention prevents a parent from fleeing to another country with a child and not having to return. Otherwise, any child could be in danger whenever they leave the country for vacation or for any other reason.
The United States agreed that Brazil was in the wrong and even President Obama and Secretary of State Hillary Clinton were involved in trying to get Sean Goldman returned to his father. As early as 2005, even Brazil acknowledged that the child had been abducted wrongfully by the mother.
The latest turn of events unfolded today with the encouraging news from Brazil indicting that the Brazilian Supreme Court is in favor of uniting Sean with his natural father, David Goldman. News reports indicate the stepfather is choosing not to oppose this any further. At this point, the transfer of custody seems inevitable. The question is the length of the transition period until it is accomplished, which is likely to be decided on shortly.
Our firm has had several cases that involve the Hague convention. In one specific instance, as soon as a mother took the child to France, we invoked the Hague convention ruling and the child was returned to the United States. In another instance, the mother fled to Scotland and we invoked the Hague convention which brought the child back for a fair ruling. In Mr. Goldman’s case, the Hague convention should have helped him, but Brazil did not play fairly by the agreed-to rules.
We applaud Mr. David Goldman’s perseverance, dignity and resourcefulness. Many parents would have simply given up by now but Mr. Goldman brought his situation to the forefront: via the Internet, to politicians to friends and attorneys, to all who could lend a helping hand. He acted with restraint and kept his anger/frustrations in check despite the many frustrating years of legal proceedings.
While our law firm does not represent any of the parties in the David Goldman case, we have long been active in helping with Father’s Rights. This includes the handling of matters in litigation, as well as providing advice to local father’s rights organizations. Sometimes it has meant helping a father obtain custody in difficult circumstances (such as drug use or mental health issues), sometimes it has meant protecting a father against false accusations of domestic violence in the midst of a heated divorce, and sometimes it has meant helping fathers who have been the recipient of parental alienation.
The law firm of Wisselman, Harounian and Associates was established in 1976 and is dedicated to serving our Long Island and Metro New York clients and the community, here to assist with legal matters that come about during the course of raising a family and growing a business. It is the firm’s goal to develop long-term client relationships, during which they can help protect clients’ legal interests throughout their many phases of life. This can include handling matrimonial or family law concerns, buying or selling a home, running a business, or estate planning.
Jerome A. Wisselman, the senior partner and founder of Wisselman, Harounian & Associates, P.C. has been named by New York Super Lawyers magazine as one of the top attorneys in New York for 2009. Only five percent of the lawyers in the state are named by Super Lawyers. Wisselman, Harounian & Associates is one of the largest matrimonial law firms on Long Island. More information about Jerome Wisselman, Jacqueline Harounian and the law firm of Wisselman, Harounian & Associates can be found at www.lawjaw.com.
Could this matter have turned out differently? Some key questions involving this case might shed light on that.
• What could David Goldman have done differently before his wife relocated to Brazil?
• What could David Goldman have done differently after he learned his wife would not return to the US with the child?
• What was in the best interests of the child five years ago?
• What is psychologically in the best interests of the child now given that he has been living in Brazil for the past five years?
• Should the boy’s preference of where he wants to live outweigh what the legal process dictates?
• What would have happened if Bruna Bianchi had asked for divorce prior to her trip?
• Why has Brazil stood behind Bruna Bianchi and her attorney even though her actions go against the Hague Convention and the law?
• Why was David Goldman prevented from seeing his son when he first went to Brazil?
• Should others worry about a spouse visiting Brazil with their child?
• There are other children not being released by Brazil. Will this case have an impact on those other children?
• Is this an abduction or kidnapping case or really about custody?
• What would have happened if the mother had not died during child birth?
• Is the step-father raising the other child?
• What role does the family of Bruna Bianchi and Sean’s stepfather play in this matter?
• What will the future hold for Sean, his father David and his stepfather?
• Does a stepfather have legal rights of custody or visitation of a stepchild?
Please contact our law firm if you would like any additional information on divorce and custody or any family law issues.
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