[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 37 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
S. RES. 37

Calling on officials of the Government of Brazil and the federal courts 
  of Brazil to comply with the requirements of the Convention on the 
  Civil Aspects of International Child Abduction and to assist in the 
       safe return of Sean Goldman to his father, David Goldman.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2009

Mr. Lautenberg (for himself, Mr. Menendez, and Mr. Feingold) submitted 
   the following resolution; which was referred to the Committee on 
                           Foreign Relations

_______________________________________________________________________

                               RESOLUTION


 
Calling on officials of the Government of Brazil and the federal courts 
  of Brazil to comply with the requirements of the Convention on the 
  Civil Aspects of International Child Abduction and to assist in the 
       safe return of Sean Goldman to his father, David Goldman.

Whereas Sean Goldman is the son of David Goldman and Bruna Goldman, and is a 
        United States citizen and a resident of Tinton Falls, New Jersey;
Whereas Bruna Goldman took Sean Goldman to Brazil on June 16, 2004;
Whereas, after Bruna and Sean Goldman arrived in Brazil, Bruna Goldman informed 
        David Goldman that she would remain permanently in Brazil and would not 
        return Sean Goldman to David Goldman in New Jersey;
Whereas, on August 26, 2004, the Superior Court of New Jersey issued a ruling 
        awarding David Goldman physical and legal custody of Sean Goldman and 
        ordering that Sean Goldman be immediately returned to the United States;
Whereas David Goldman initiated judicial proceedings in the Federal Court of Rio 
        de Janeiro, under the Convention on the Civil Aspects of International 
        Child Abduction, done at the Hague October 25, 1980 (TIAS 11670) (the 
        ``Convention''), to which both the United States and Brazil are parties;
Whereas the Convention requires that a child who is a habitual resident of a 
        country that is a party to the Convention, and who has been removed from 
        or retained in a country that is also a party to the Convention in 
        violation of the custodial rights of a parent of that child, be returned 
        to the country of habitual residence;
Whereas, despite the petition filed in the Federal Court of Rio de Janeiro by 
        David Goldman for the return of his child, less than one year after Sean 
        Goldman was taken to Brazil, David Goldman was prevented from exercising 
        his legal custody of Sean Goldman by rulings of the Federal Regional 
        Court and the 3rd Chamber of the Superior Court of Justice of Brazil;
Whereas Bruna Goldman passed away in August 2008, and her new husband filed a 
        petition to replace the name of David Goldman with his own name on the 
        birth certificate of Sean Goldman;
Whereas the new husband of Bruna Goldman filed a petition for custody of Sean 
        Goldman with the 2nd Family Court of Brazil on August 28, 2008;
Whereas the 2nd Family Court of Brazil granted temporary custody to the new 
        husband of Bruna Goldman, despite specific provisions in the Convention 
        that prohibit action by a family court while a case brought under the 
        Convention is pending;
Whereas Sean Goldman remains in the temporary custody of the new husband of 
        Bruna Goldman;
Whereas David Goldman traveled to Rio de Janeiro, Brazil, in October 2008 for 
        court-approved visitation with Sean Goldman;
Whereas the new husband of Bruna Goldman failed to present Sean Goldman for such 
        visitation;
Whereas the Convention requires the Government of Brazil to ``take all 
        appropriate measures to secure within [its territory] the implementation 
        of the objects of the Convention'' and ``to use the most expeditious 
        procedures available'';
Whereas the Federal Court of Rio de Janeiro has failed to comply with the 
        obligations of the Government of Brazil under article 11 of the 
        Convention by failing to expeditiously adjudicate the petition of David 
        Goldman under the Convention;
Whereas it is customary under international law to adjudicate a petition under 
        the Convention within six weeks;
Whereas the Department of State reported in the 2008 report on compliance with 
        the Convention, as required under section 2803 of the Foreign Affairs 
        Reform and Restructuring Act of 1998 (42 U.S.C. 11611), that the 
        judicial authorities of Brazil ``continued to demonstrate patterns of 
        noncompliance with the Convention'';
Whereas the Special Secretariat for Human Rights of the Presidency of the 
        Republic of Brazil, the central authority for carrying out the 
        Convention in Brazil, wrote to the Office of the Attorney General of 
        Brazil to express concern with the manner in which the 2d Family Court 
        of Brazil conducted the case of Sean Goldman and to state that the 
        issuance of temporary custody rights by the 2d Family Court of Brazil 
        was a violation of the Convention;
Whereas Sean Goldman is being deprived of his rightful opportunity to live with 
        and be raised by his biological father, David Goldman; and
Whereas it is consistent with international law that Sean Goldman be reunited 
        with his father, David Goldman, in New Jersey: Now, therefore, be it
    Resolved, That the Senate calls on officials of the Government of 
Brazil and the federal courts of Brazil--
            (1) to fulfill the obligations of Brazil under the 
        Convention on the Civil Aspects of International Child 
        Abduction, done at the Hague October 25, 1980 (TIAS 11670); and
            (2) to assist in the safe return of Sean Goldman to his 
        father, David Goldman, in the United States.
                                 <all>