[Congressional Record Volume 155, Number 43 (Wednesday, March 11, 2009)]
[House]
[Pages H3300-H3305]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   CALLING FOR RETURN OF SEAN GOLDMAN

  Mr. BERMAN. Mr. Speaker, I move to suspend the rules and agree to the 
resolution (H. Res. 125) calling on the central authority of Brazil to 
immediately discharge all its duties under the Hague Convention by 
facilitating and supporting Federal judicial proceedings as a matter of 
extreme urgency to obtain the return of Sean Goldman to his father, 
David Goldman, for immediate return to the United States, as amended.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 125

       Whereas David Goldman has been trying unsuccessfully since 
     June 17, 2004, to secure the return of his son Sean to the 
     United States where Sean maintained his habitual residence 
     until his mother, Bruna Bianchi Ribeiro Goldman, removed Sean 
     to Brazil;
       Whereas on August 26, 2004, the Superior Court of New 
     Jersey awarded custody to Mr. Goldman, ordered Mrs. Goldman 
     and her parents to immediately return Sean to the United 
     States, and indicated to Mrs. Goldman and her parents that 
     their continued behavior constituted parental kidnaping under 
     United States law;
       Whereas on September 3, 2004, Mr. Goldman filed an 
     application for the immediate return of Sean to the United 
     States under the 1980 Hague Convention on the Civil Aspects 
     of International Child Abduction (the ``Hague Convention'') 
     to which both the United States and Brazil are party and 
     which entered into force between Brazil and the United States 
     on December 1, 2003;
       Whereas on August 22, 2008, Mrs. Goldman passed away in 
     Brazil leaving Sean without a

[[Page H3301]]

     mother and separated from his biological father in the United 
     States;
       Whereas Mr. Joao Paulo Lins e Silva, whom Mrs. Goldman 
     married in Brazil, has petitioned the Brazilian courts for 
     custody rights over Sean Goldman and to replace Mr. Goldman's 
     name with his own name on a new birth certificate to be 
     issued to Sean, despite the fact that Mr. Goldman, not Mr. 
     Lins e Silva, is Sean's biological father;
       Whereas furthermore, the United States and Brazil have 
     expressed their desire, through the Hague Convention, ``to 
     protect children internationally from the harmful effects of 
     their wrongful removal or retention and to establish 
     procedures to ensure their prompt return to the State of 
     their habitual residence'';
       Whereas according to the Department of State, there are 51 
     cases involving 65 children who were habitual residents of 
     the United States and who were removed to Brazil by a parent 
     and have not been returned to the United States as required 
     under the Hague Convention;
       Whereas according to the Department of State's April 2008 
     Report on Compliance with the Hague Convention on the Civil 
     Aspects of International Child Abduction, ``parental child 
     abduction jeopardizes the child and has substantial long-term 
     consequences for both the child and the left-behind parent'';
       Whereas the Department of State's Office of Children's 
     Issues, while not always notified of international child 
     abductions, is currently handling approximately 1,900 open 
     cases of parental abduction to other countries involving more 
     than 2,800 children abducted from the United States;
       Whereas in fiscal year 2007, the United States Central 
     Authority responded to cases involving 821 children abducted 
     from the United States to countries with which the United 
     States partners under the Hague Convention, but during that 
     same time period only 217 children were returned from Hague 
     Convention partner countries to the United States;
       Whereas according to the Department of State, Honduras has 
     not acted in compliance with the terms it agreed to as a 
     party to the Hague Convention, and Brazil, Bulgaria, Chile, 
     Ecuador, Germany, Greece, Mexico, Poland, and Venezuela have 
     demonstrated patterns of noncompliance based on their Central 
     Authority performance, judicial performance, or law 
     enforcement performance of the obligations of the Hague 
     Convention;
       Whereas according to the Department of State, in fiscal 
     year 2008, the United States Central Authority counted 306 
     cases of parental abductions involving 455 children taken 
     from the United States to other countries that are not 
     partners with the United States under the Hague Convention, 
     currently including 101 children in Japan, 67 children in 
     India, and 37 children in Russia;
       Whereas three-year-old Melissa Braden is among the children 
     who have been wrongfully abducted to Japan, a United States 
     ally which does not recognize intra-familial child abduction 
     as a crime, and though its family laws do not discriminate by 
     nationality, Japanese courts give no recognition to the 
     parental rights of the non-Japanese parent, fail to enforce 
     United States court orders relating to child custody or 
     visitation, and place no effective obligation on the Japanese 
     parent to allow parental visits for their child;
       Whereas Melissa was taken from Los Angeles, California to 
     Japan on March 16, 2006, when she was 11-months-old, despite 
     a California court's prior order forbidding Melissa's removal 
     to Japan and granting joint custody to her father Patrick 
     Braden;
       Whereas despite his extensive efforts, Mr. Braden and his 
     daughter have not seen each other since her abduction;
       Whereas according to the Department of State, abducted 
     children are at risk of serious emotional and psychological 
     problems and have been found to experience anxiety, eating 
     problems, nightmares, mood swings, sleep disturbances, 
     aggressive behavior, resentment, guilt and fearfulness, and 
     as adults may struggle with identity issues, their own 
     personal relationships and parenting; and
       Whereas left-behind parents may encounter substantial 
     psychological, emotional, and financial problems and many may 
     not have the financial resources to pursue civil or criminal 
     remedies for the return of their children in foreign courts 
     or political systems: Now, therefore, be it:
       Resolved, That--
       (1) the House of Representatives--
       (A) calls on Brazil to, in accordance with its obligations 
     under the Hague Convention and with extreme urgency, bring 
     about the return of Sean Goldman to his father, David 
     Goldman, in the United States;
       (B) urges all countries determined by the Department of 
     State to have issues of non-compliance with the Hague 
     Convention to fulfill their obligation under international 
     law to take all appropriate measures to secure within their 
     respective territories the implementation of the Hague 
     Convention and to use the most expeditious procedures 
     available; and
       (C) calls on all other nations to join the Hague Convention 
     and to establish procedures to promptly and equitably address 
     the tragedy of child abductions, given the increase of 
     transnational marriages and births, the number of 
     international child abduction cases and the serious 
     consequences to children of not expeditiously resolving these 
     cases; and
       (2) it is the sense of the House of Representatives that 
     the United States should--
       (A) review its diplomatic procedures and the operations 
     available to United States citizens through its central 
     authority under the Hague Convention to ensure that effective 
     assistance is provided to Mr. Goldman and other United States 
     citizens in obtaining the expeditious return of their 
     children from Brazil and other countries that have entered 
     into the reciprocal obligations with the United States under 
     the Hague Convention;
       (B) take other appropriate measures to ensure that Hague 
     Convention partners return abducted children to the United 
     States in compliance with the Hague Convention's provisions;
       (C) diplomatically urge other nations to become parties to 
     the Hague Convention and establish systems to effectively 
     discharge their reciprocal responsibilities under the 
     Convention; and
       (D) continue to work aggressively for the return of 
     children abducted from the United States to other nations and 
     for visitation rights for their left-behind parents when 
     return is not yet achieved.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Berman) and the gentleman from New Jersey (Mr. Smith) 
each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. BERMAN. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. BERMAN. I rise in support of the resolution, and yield myself 
such time as I may consume.
  Mr. Speaker, the 1980 Hague Convention on the civil aspects of 
international child abduction is the principal international framework 
for tackling an increasingly difficult problem. The resolution before 
us urges all countries that the State Department determines are 
noncompliant with the Hague Convention to fulfill their obligations and 
faithfully implement the treaty. It also calls on other nations who 
have not yet joined the Hague Convention to do so.
  The resolution highlights two emblematic cases and specifically calls 
for their prompt resolution. One is in a country that is a party to the 
Hague Convention, Brazil; the other in a country that is not, Japan. 
The facts of each case are equally heartbreaking.
  David Goldman has been trying, since 2004, to get his son, Sean, back 
to the United States from Brazil. When Sean's mother took Sean to 
Brazil, the Superior Court of New Jersey awarded custody to Mr. 
Goldman, ordered Mrs. Goldman and her parents to immediately return 
Sean to the United States, and said that their continued behavior 
constituted parental kidnapping under United States law. Mrs. Goldman 
subsequently passed away in Brazil, leaving Sean without a mother and 
separated from his biological father in the United States. Mrs. 
Goldman's husband in Brazil petitioned for custody over Sean, and the 
issue has now been tied up in Brazilian courts for years.
  The resolution also mentions a case with Japan, a United States ally 
which does not recognize intrafamilial child abduction as a crime.
  Melissa Braden was taken from Los Angeles, California to Japan, in 
2006, when she was just 11 months old, despite a 2006 restraining order 
that forebade Melissa's removal to Japan and an order granting joint 
custody to her father, Patrick Braden.
  Despite his efforts, Mr. Braden and his daughter have not seen each 
other since her abduction. As in other cases, Japanese courts have not 
recognized his U.S. custody order and have not helped him gain 
visitation with his daughter.
  While many American parents never see their children again when they 
are taken to Japan, I am hopeful that the Japanese government will take 
steps to respond to these cases by joining the Hague Convention. It is 
encouraging that the Japanese Ministry of Foreign Affairs is examining 
the Hague Convention, and I urge them to join as a party as soon as 
possible so that children like Melissa Braden can grow up knowing both 
of their parents.
  The problem is, of course, much more widespread than these two cases. 
In 2008, the United States responded to cases involving 1,159 children 
abducted from the United States to countries

[[Page H3302]]

with which the United States partners under the Hague Convention. In 
2008, the United States saw 306 cases involving 455 children taken from 
the United States to other countries that are not Hague Convention 
partners.
  I support this resolution because it shines a spotlight on a problem 
that needs immediate attention, a problem that will likely get worse in 
coming years in light of the growing number of transnational births and 
marriages. I urge my colleagues to support the resolution offered by 
the gentleman from New Jersey (Mr. Smith) and the gentleman from New 
Jersey (Mr. Holt).
  I reserve the balance of my time.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I 
might consume.
  Mr. Speaker, imagine that you are a child of only 4 years old, and 
your best friend, your father, is your primary caregiver. You live with 
your parents by a lake in a quiet neighborhood in New Jersey, and your 
days are filled with boating, swimming, sports, and other fun with your 
dad. Then suddenly, one day your mother takes you on a jet; you move to 
a foreign country; and for 4\1/2\ years you live with the confusion, 
pain, and anxiety of not understanding why your dad is not there with 
or for you. The little contact you have with Dad are a few phone calls, 
routinely interrupted when the phone is taken from you and abruptly 
ended while your father is trying to tell you how much he loves and 
misses you.
  That is what happened to Sean Goldman, an American citizen born and 
living in the United States for the first four years of his life, until 
June 2004, when his mother took him to her native country of Brazil. 
Almost as soon as she arrived in Rio de Janeiro, she advised Sean's 
father, David Goldman, that she was permanently staying in Brazil, the 
marriage was over, and that she was not going to allow Sean to return 
home to New Jersey; and Sean has not seen his real home since.
  Stunned, shell-shocked, and utterly heartbroken, David Goldman has 
refused to quit or fade away. His love for his son is too strong. He 
has been working tirelessly every day during the last 4\1/2\ years, 
using every legal means available to bring Sean home.
  On paper, the laws are with him. Child abduction and the retention of 
a kidnapped child are serious crimes. The courts of New Jersey, the 
place of Sean's habitual residence, granted David full custody, as 
Chairman Berman pointed out a moment ago, as far back as August 2004. 
On the international front, David has had every reason to believe that 
justice would be swift and sure because, unlike some countries, Brazil 
is a party to an international convention and in a bilateral 
partnership with the United States, which obligates Brazil to return 
children, even those abducted by a parent, to the place of habitual 
residence, in this case New Jersey.
  To David Goldman's shock and dismay, however, that has not happened. 
Even after Sean's mother died unexpectedly in August of 2008, the 
people unlawfully holding Sean in Brazil, especially a man who is not 
Sean's father, have refused to allow Sean's return home to New Jersey 
or, until last month, even to see his father.
  Last month, I traveled to Brazil with David Goldman on what was his 
eighth trip to try to see his son and advance the legal and diplomatic 
process of returning Sean home to the United States. This trip was 
different, however, and we sincerely hope a turning point.
  First and foremost, he got to visit with his son, and we met with 
several key Brazilian officials in President Lula's government, 
including Ambassador Oto Agripino Maia at the Ministry of External 
Affairs and others, in the judicial system Minister Ellen Gracie 
Northfleet, the former chief justice and current member of the Supreme 
Court. We were encouraged by their apparent understanding of Brazil's 
solemn obligation as a signatory to the Hague Convention to return Sean 
to the United States.
  In subsequent meetings here in the U.S. with Brazilian Ambassador 
Antonio Patrioto and the Brazilian Ambassador to the Organization of 
American States, Osmar Chofi, we were again assured that the Lula 
government believes that Sean Goldman should be in the United States 
and with his father. Still, deeds, not just encouraging words, are what 
matter most, and Sean remains unlawfully held in Brazil.
  When in Brazil last month, I had the extraordinary privilege of 
joining David and Sean in their first meeting in 4\1/2\ years. Now 
almost 9, Sean Goldman was delighted to see his dad. The love between 
them was strong and was obvious from the very first moment. In the 
first moments of their meeting, I did see the pain on Sean as he asked 
his father why he hadn't visited him in 4\1/2\ years. David told him 
that he has traveled to Rio several times to try to be with him. But in 
order to mitigate Sean's pain because of the abduction, David blamed 
only the courts, not the abductors, for the separation, a sign of class 
and I think a sign of David's sensitivity.
  This is a picture to my left here that I took while I was in Brazil, 
a picture of a dad with his son after shooting baskets and playing a 
game of ``around the world.'' Sean, a remarkable young man who needs to 
work on his set shot, was completely at ease and eager to get 
reacquainted with his dad. I took this picture about 1 hour after their 
first reunion after 4\1/2\ years. The joy on both of their faces, as I 
think all can see, is compelling. There were hugs and there were 
kisses, and you can see that there was a great bond between this dad 
and his son.
  Mr. Speaker, the kidnapping of Sean Goldman and his continued 4\1/2\ 
year unlawful retention in Rio must be resolved immediately and 
irrevocably. A father, who deeply loves his son, wants desperately to 
care for him and spend precious time with him and has had his 
nationally and internationally recognized parental rights, and his son 
has had his rights as well, violated with shocking impunity.

                              {time}  1330

  David Goldman should not be blocked from raising his own son. And a 
child who recently lost his mom belongs with his dad.
  The Government of Brazil, Mr. Speaker, has failed to live up to its 
legal obligations under international law to return Sean to his 
biological father. The Government of Brazil has an obligation they must 
fulfill and without further delay. The resolution before us today 
expresses the House of Representatives' profound concern and calls on 
Brazil to, in accordance with its international obligations and with 
``extreme urgency'' bring about the return of Sean Goldman with his 
dad, David Goldman, in the United States. Justice delayed, Mr. Speaker, 
is justice denied. And Sean's place is with his dad.
  Mr. Speaker, on the bigger picture, international child abductions by 
parents are not rare. The U.S. Department of State reports that it is 
currently handling approximately 1,900 cases involving more than 2,800 
children abducted from the United States to other countries. And those 
numbers do not include children whose parents, for whatever reason, do 
not report the abductions to the U.S. Department of State.
  In recognition of the gravity of this problem and the traumatic 
consequences that child abductions can have both on the child and the 
parent who is left behind, the Hague Convention on the Civil Aspects of 
International Child Abduction was reached in 1980. The purpose of the 
Hague Convention is to provide an expeditious method to return an 
abducted child to the child's habitual residence so that custody 
determinations can be made in that jurisdiction. According to the terms 
of the Convention, such return is to take place within 6 weeks--not 
over 4\1/2\ years--after proceedings under the Convention are 
commenced.
  The United States, Mr. Speaker, ratified the Hague Convention in 
1988. Brazil acceded to the Hague Convention in 1999 and the Hague 
Convention was entered into force between Brazil and the U.S. in 2003, 
a year before Sean was abducted. In accordance with the Hague 
Convention, David Goldman on September 3, 2004, filed, in a timely 
fashion, an application for the immediate return of his son. Brazil, 
sadly, has failed to deliver.
  I would point out on a positive note that within a week of our return 
home to the United States, the Brazilian courts did take what we 
consider to be a major step in the right direction for David and Sean. 
The decision was to move the case from the local courts, which were 
erroneously bogged down in

[[Page H3303]]

making a custody determination, to the Federal court capable and 
responsible for making decisions in accordance with obligations under 
the Hague Convention. Pursuant to an amended application filed under 
the Convention after the death of Sean's mother and in accordance with 
the ``expeditious return'' provisions of the Hague Convention, Brazil's 
only legitimate and legal option now, as it has been, is to effectuate 
Sean's return. And it must be done now.
  Finally, Mr. Speaker, this weekend, Brazilian President Lula will 
visit the United States and visit one-on-one with President Obama. The 
White House meeting should include a serious discussion about 
Brazil's--and this is the State Department term--pattern of 
noncompliance with the Hague Convention and Brazil's obligation to 
immediately fulfill this obligation in the case of Sean Goldman and 
many other cases like it, including one that Mr. Poe will bring up 
momentarily.
  I'm happy to say that over 50 Members of the House, including my 
friend and colleague, Mr. Holt, have cosponsored this resolution. Over 
43,000 people from 154 nations have signed a petition urging Brazil to 
do the right thing and expeditiously return Sean to the United States. 
So many people, Mr. Speaker, have joined in and helped David in his 
fight for his son and deserve our appreciation and respect.
  His extraordinarily talented legal counsel here in the United States, 
Patricia Apy, and in Brazil, Ricardo Zamariola, Jr., have made their 
case with expertise, precision, compassion and particular adherence to 
the rule of law. The staff at our consulates in Brazil--Consul General 
Marie C. Damour, Joanna Weinz and Karen Gufstafson--have all tirelessly 
and professionally worked this case for several years as if Sean and 
David were their own family. Special thanks to Ambassador Cliff Sobel. 
A number of journalists, including Bill Handleman of the Asbury Park 
Press, have written powerful columns about David's loss and his entire 
terrible ordeal. Meredith Vieira, Benita Noel and Lauren Sugrue of 
NBC's Dateline have probed, investigated and demanded answers, thus 
ensuring that the truth about this unlawful abduction is known to the 
public, including and especially to government officials both here and 
Brazil. In fact, it was a Dateline special on the Goldman case that 
caused me to call David and to get involved.
  And finally, a special thanks to the countless volunteers, including 
Mark DeAngelis, who has done yeoman's work, including managing a Web 
site--Bring Sean Home--and have proved to be an invaluable support 
system during this most difficult and trying time for father and son.
  I urge Members to support this resolution. Again I want to thank 
Chairman Berman for his leadership in bringing this resolution to the 
floor and to Ileana Ros-Lehtinen, our distinguished ranking member. 
This resolution I believe will make a difference not just for David and 
Sean but for so many others who are similarly situated.
  Mr. BERMAN. Mr. Speaker, I am pleased to yield 5 minutes to the 
gentleman from New Jersey (Mr. Holt) in whose district Mr. Goldman 
resides.
  Mr. HOLT. Mr. Speaker, I thank the distinguished Chair of the House 
Committee on Foreign Affairs, Mr. Berman, for bringing this resolution 
to the floor. The resolution calls on the Government of Brazil to live 
up to its obligations under the Hague Convention on the Civil Aspects 
of International Child Abduction by releasing Sean Goldman to the 
custody of his father, David Goldman of Tinton Falls, New Jersey, my 
constituent. This bill shines a bright light on the problem of 
international parental kidnapping, and it is an issue that deserves 
congressional attention.
  Let me recount some of the recent background on this issue and why 
this resolution is before the House today. It is heartrending, as you 
have heard from my colleague from New Jersey.
  Nearly 5 years ago in June, 2004, Mr. David Goldman began a long and 
painful odyssey to rescue his son from an international parental 
kidnapping. He had driven his wife, Bruna, and their 4-year-old son, 
Sean, to the Newark airport for a scheduled trip to visit her parents 
in Brazil. Mr. Goldman was to join them a few days later. Shortly after 
arriving in Brazil, Mrs. Goldman called her husband to say two things: 
their marriage was over, and if he ever wanted to see Sean again, he 
would have to sign over custody of the boy to her. To his credit, Mr. 
Goldman refused to be blackmailed. Instead, he began a campaign, a 
relentless campaign, to secure his son's release.
  There is no question that Mr. Goldman has the law both here in the 
United States and internationally on his side. It is sad and 
unfortunate that this father and this little boy must have their 
personal lives dragged through the public forum.
  For any of us who have children or grandchildren, we can imagine but 
not fully comprehend the pain that Mr. Goldman and similar parents have 
gone through when a spouse kidnaps a child and whisks them away 
somewhere around the world. Tragically, Sean Goldman's case is just one 
of over 50 reported cases involving Brazil. Many countries, including 
key U.S. allies such as Japan, are not even signatories to this Hague 
Convention. For parents of children kidnapped by a spouse and taken to 
one of these non-Hague signatory nations, their battle to recover 
kidnapped children is even more difficult. The resolution before us 
highlights also the plight of these parents and their children. And it 
should be viewed as one step toward increasing the tools available to 
parents to help them recover children.
  In October, 1980, the Hague Convention on the Civil Aspects of 
International Child Abduction entered into force. The United States and 
Brazil are both signatories. Under article 3 of the Convention, the 
removal of a child shall be considered wrongful if ``it is in breach of 
rights of custody attributed to a person, an institution or any other 
body, either jointly or alone, under the law of the State in which the 
child was habitually resident immediately before the removal or 
retention; and at the time of removal or retention those rights were 
actually exercised, either jointly or alone, or would have been 
exercised.'' Well, Sean Goldman had been habitually resident in New 
Jersey until his mother kidnapped him and took him to Brazil.
  Shortly after that, Mr. Goldman filed a Hague Convention application 
in Brazil's federal courts seeking the return of his son under the 
Convention.
  Despite the clear legitimacy of Mr. Goldman's claim, the case has 
crawled along in Brazil's courts, bouncing back and forth and back and 
forth. Mr. Goldman's wife secured a divorce in Brazil and began a new 
relationship with a prominent lawyer. In August of last year, his 
former wife died during childbirth, a fact that Mr. Goldman learned 
only some time later and a fact that was concealed from the Brazilian 
courts by Mr. Lins e Silva, her then husband, and Mr. Goldman's late 
wife's parents.
  After our individual intercession and with the help of the State 
Department and my colleague from New Jersey, and I particularly want to 
note his actions, Brazilian authorities moved to have the case once 
again sent to Brazil's federal courts to secure visitation rights for 
Mr. Goldman. Finally just last month, Mr. Goldman was able to see his 
son for the first time in more than 4 years. It is clear that Sean 
still loves his father and wants to be with him. It appears that the 
only thing standing in the way of that is the illegal conduct of Mr. 
Lins e Silva.
  I applaud Secretary of State Clinton for raising this issue with 
Brazil's foreign minister and through other channels. If Sean is not 
released by the end of this week, I hope that President Obama will 
continue to bring the issue to the attention of Brazilian President 
Lula Da Silva and that Sean and his father will be united as they 
should be.
  I thank the gentleman.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield 5 minutes to the 
distinguished gentleman from Texas (Mr. Poe), a member of the Committee 
on Foreign Affairs.
  Mr. POE of Texas. I thank the gentleman for yielding.
  I appreciate the support of Chairman Berman and Mr. Smith from New 
Jersey. Mr. Smith has a reputation for going and helping out his 
district. During the Russian incursion into the Republic of Georgia, 
while that was still going on, Mr. Smith went and rescued two young 
people and got them back to his district while the Russians were still 
invading. That tells all of us a lot

[[Page H3304]]

about your willingness to advocate on behalf of human rights.
  It is reported that there are nearly 50 cases in which children who 
are residents of the United States have been wrongfully abducted to 
Brazil and have not been returned to the United States as required 
under the Hague Convention. Mr. Goldman and other United States 
citizens, specifically Marty Pate of Crosby, Texas, in my district, are 
allowed under international law to obtain quick return of their 
children from Brazil and other countries that have entered into 
obligations with the United States under the Hague Convention.
  It seems to me that Brazil approves of government-sanctioned 
kidnapping of American children and ignoring agreements with the United 
States. Mr. Pate's story is very similar to the one already presented 
here on the House floor, although this is a story about a father and a 
daughter. Thanks to Fox 26 News in Houston, Texas, they have brought 
this story to light. And it is the Marty Pate story.
  It seems that in May, 2006, Marty Pate's ex-wife, Monica, told him 
that she wanted to temporarily go back to her home country of Brazil 
and take their 7-year-old daughter, Nicole, with her. Marty Pate 
objected, but he allowed her to take the daughter for a short visit. 
Both agreed under a Harris County, Texas, court order as to what travel 
stipulations there would be, and both signed a notarized document on 
what those travel restrictions would be. One of those was there would 
be a maximum of 21 days that the child would be allowed to leave the 
United States. On August 5, 2006, Monica and her daughter, Nicole, left 
the United States and never returned. That was the last time that Marty 
Pate saw his daughter. There is an outstanding arrest warrant for 
Monica on failure to follow a court order in the State of Texas.
  Mr. Speaker, this ought not to be. It seems as though Brazil is 
ignoring agreements that they have made under international law with 
the United States and continues to do so. As a side note, the United 
States gives foreign assistance to Brazil. Maybe the Foreign Affairs 
Committee needs to reevaluate whether we should give them assistance 
when they continue to kidnap or sanction kidnappings of American 
citizens. The United States should insist that countries like Brazil 
live up to their legal obligations to return to America, America's 
children.
  And that's just the way it is.
  Mr. SMITH of New Jersey. I thank Mr. Poe for his leadership on behalf 
of the child who has been abducted and congratulate him on his work.
  Mr. BERMAN. Mr. Speaker, at this point I will reserve. We have one 
speaker remaining.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield 2 minutes to the 
gentleman from North Carolina (Mr. Jones).

                              {time}  1345

  Mr. JONES. Mr. Speaker, I want to thank Chairman Berman, Chris Smith, 
Mr. Holt and everyone else. I saw this story about this family probably 
a year ago, and it broke my heart, quite frankly.
  I do not understand how a country such as Brazil, which I have 
respect for, could allow this to happen. This is not what the world 
should be about. The world should be about trying to bring families 
together, and Brazil has a responsibility that they are not making and 
they are not keeping.
  I would say to the country of Brazil that if this was reversed, I 
believe that this House, the leadership of Mr. Berman and Mr. Smith, 
would be on this floor saying to the family here that was keeping the 
son of a father in Brazil, Let's send him back to his father.
  So I hope that the country of Brazil and those who are here in 
Washington, D.C. representing their country or listening to this 
debate, I hope that they will fully understand that this is a debate of 
compassion. Mr. Goldman and his son Sean, they have every right to be 
together. So I came down here to the floor today from North Carolina 
with not a great deal to add to this debate but my heart. And my heart 
says let's get this family together. I thank very much Mr. Berman and 
Mr. Smith, and say to the Brazilian government, please listen to the 
American people. Let's work together for the good of this family.
  Mr. BERMAN. Would the gentleman yield?
  Mr. JONES. I would be delighted to yield.
  Mr. BERMAN. I thank the gentleman for yielding. Your interesting 
point that if the situation was reversed, we saw that situation. It was 
a very famous case: Elian Gonzalez. Even though he was being sent back 
to a country with which we have no diplomatic relations, and even 
though the nature of that government was one that we did not support, 
the rights of the father to be reunited with his son prevailed over all 
of the political considerations. So we saw the tables reversed, and we 
saw what the U.S. Government did in that situation. I concur with the 
gentleman's point on this issue.
  Mr. JONES. I thank Chairman Berman, and before I yield back, I ask 
God to please intervene on behalf of this wonderful family and bring 
the father and the son back together.
  Mr. BERMAN. Mr. Speaker, I yield such time as he may consume to the 
gentleman from California (Mr. Becerra).
  Mr. BECERRA. Mr. Speaker, I thank the chairman for yielding me this 
time, and I rise in support of this resolution.
  My mother once said to me shortly after I had seen the birth of my 
first child, ``Son, there is no tragedy for any parent that is greater 
than the experience of witnessing your own child's death.'' Nothing is 
more precious than life, and nothing is more profound than the love of 
a parent for the life of that child brought to this Earth.
  Mr. Speaker, according to the State Department's Office of Children's 
Issues, there are 306 pending cases of parental abductions involving 
455 American children taken to countries that are not a party to the 
Hague Convention on Child Abduction. And 101 of these abducted American 
children currently reside in Japan. In 2006 in the midst of a custody 
dispute, Melissa Braden, the daughter of one of my constituents, 
Patrick Braden, was taken to Japan by her mother and has been there 
ever since. Despite a court restraining order for Melissa to remain in 
the United States and an arrest warrant issued by the FBI for her 
mother, Japanese authorities have refused to act on this case. Japanese 
courts give no recognition to the parental rights of the non-Japanese 
parent, and the Japanese government refuses to enforce U.S. court 
orders related to child custody or visitation.
  After his daughter's abduction when Mr. Braden approached me for help 
and I tried to see what I could do, you can imagine my disbelief and 
dismay that we were unable to help secure Melissa for Mr. Braden or to 
even have them reunited in Japan. I approached the State Department, 
and I wrote to President Bush in 2007 and asked for their intervention 
on behalf of Mr. Braden.
  The State Department has committed to raising this issue at the 
highest levels of dialogue with Japan, and I wish to say here publicly, 
thank you to Chairman Berman for his support of this issue and for 
supporting America's parents and their families.
  I would like to thank two champions of human rights, the gentlemen 
from New Jersey, Mr. Smith and Mr. Holt. And I must say, Mr. Speaker, 
my mother was right: there is nothing worse than losing your own child, 
especially when your child is still alive.
  I urge all of my colleagues to support this resolution to get action 
on behalf of all of our American families with countries that are some 
of our greatest partners and allies.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself the balance of 
my time to say very simply that our message to the Brazilian government 
is to bring Sean home, and to do so today.
  Mr. Speaker, I yield back the balance of my time.
  Mr. BERMAN. Mr. Speaker, I just want to point out that in calendar 
year 2007, along the lines of the point made by the gentleman from 
North Carolina (Mr. Jones), the United States returned over 200 
children to Hague Convention partners where a biological parent resided 
and sought the return of that child. So this resolution is consistent 
with our own practices, and I think with internationally recognized

[[Page H3305]]

fundamental human rights. I urge its adoption.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Berman) that the House suspend the rules 
and agree to the resolution, H. Res. 125, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. SMITH of New Jersey. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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