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quarta-feira, 6 de janeiro de 2010

Legislators call for bill on international child abduction



Rep. Chris Smith (R-4th District), who became an active advocate for reuniting Sean Goldman with his father, David Goldman, of Tinton Falls, introduced a bill in the House last June that would give support to families whose children have been abducted.

David Goldman and his attorney Patricia Apy answer questions during a Dec. 29 press conference following the return of Goldman’s son, Sean, after a five-year international custody battle with the child’s Brazilian relatives. KIMBERLY STEINBERG David Goldman and his attorney Patricia Apy answer questions during a Dec. 29 press conference following the return of Goldman’s son, Sean, after a five-year international custody battle with the child’s Brazilian relatives. KIMBERLY STEINBERG David Goldman’s struggle to regain custody of his 9-year-old son Sean ended Dec. 23 when Brazil’s Supreme Federal Court ruled that Goldman should be reunited with Sean after a five-year legal fight with the child’s Brazilian relatives.

Smith’s bill called on Brazil, in accordance with its obligations under the 1980 Hague Convention on the Civil Aspects of International Child Abduction, to expedite “as a matter of extreme urgency” the return of Sean to his father in the U.S.

The bill also urges all countries that are partners with the U.S. in the Hague Convention to fulfill their obligations to return abducted children to the U.S.

Smith’s bill recommends “that all other nations, including Japan, that have unresolved international child abduction cases join the Hague Convention and establish procedures to promptly and equitably address the tragedy of international child abductions.”

If enacted, the International Child Abduction Prevention Act would appoint an ambassador whose duty would be to pursue abduction cases. It also would give the president and U.S. State Department the power to punish noncompliant countries with sanctions.

During a press conference Dec. 29, Goldman said, “It’s an excellent bill and I hope it’s passed as soon as possible.”

Goldman’s lawyer, Patricia Apy, spoke of the action taken by U.S. Sen. Frank Lautenberg (D-N.J.), who placed a hold on a bill last month that would allow Brazil and other countries to export some products duty-free to the U.S.

“There should be objective steps taken to sanction a country not acting appropriately,” Apy said. “I hope David and Sean’s case can be the catalyst for those children still out there.”

Sen. Joseph Kyrillos (R-13th District) said he is pleased that Brazil’s chief justice decided to do what is “morally and legally right, based on the tenets of the Hague Convention.”


“This has been a long time coming, and I am overjoyed for David, Sean and the entire Goldman family,” Kyrillos added.

Kyrillos noted that Sean’s case isn’t unique.

“Unfortunately, Sean Goldman is not the only young American that has been abducted to the country of Brazil and kept there against the wishes of parents and immediate family. An estimated 65 other young American children are there in blatant violation of international law. The leadership of Brazil must understand that there will be consequences if they continue to let their country become a haven for people who abduct children to avoid meeting the terms of divorce and custody agreements,” Kyrillos wrote in an email.

“Brazil is a sophisticated country that plays an important role in the world economy and has been designated the host of the Olympic games in 2016. It is absurd for Brazil to risk its standing among the world’s nations by flaunting just laws,” he added.

Last month Kyrillos sponsored a resolution in the New Jersey Senate expressing support for Goldman and his efforts to gain the return of his son.

On Dec. 23, the 12th District legislators, who have advocated on Goldman’s behalf, issued a statement commending the ruling by Brazil’s chief justice.

“This most recent decision by Brazilian Chief Justice Gilmar Mendes is the culmination of years of hard work and struggle by so many people, especially David Goldman and Rep. Chris Smith, who took on David’s mission as his own. It’s so heartening to see that justice is being served and that David will soon have his son home after so many years without him,” read a statement from state Sen. Jennifer Beck, Assemblyman Declan O’Scanlon and Assemblywoman Caroline Casagrande.

On Dec. 24 Rep. Rush Holt (D-12th District) said in a press release that he is thankful and relieved that the Goldmans have finally been reunited.

“David’s perseverance and enduring love for his son have inspired millions, and I am delighted that he and Sean will be together as father and son.”

Holt thanked President Barack Obama, Secretary Clinton and others at the State Department who worked to bring Sean home.

“Although this case has been successfully resolved, thousands of American families who have been victimized by international parental child abduction are not so fortunate. Those families also need our government’s help, and last week I wrote House Speaker Nancy Pelosi and Majority Leader Steny Hoyer asking that they expedite consideration of legislation designed to help those parents,” wrote Holt.

On Dec. 18 Holt wrote Pelosi and other congressional leaders to urge them to quickly address this issue.

“I am asking that as soon as the House reconvenes you bring to the floor for expedited consideration all legislation currently pending before the House dealing with the issue of international parental child abduction. Further, the House should not take up any legislation that would benefit countries like Brazil that are assessed by the State Department to be exhibiting a pattern of noncompliance with the Hague Convention,” Holt wrote.

According to Holt, in the last 10 years, more than 5,000 American-born children have been removed illegally from this country.

“While Mr. Goldman represents thousands of families torn apart by such abductions, my concern also extends to the families whose children have been abducted to countries that are not signatories to the Hague Convention,” Holt stated.

At present, Holt said, there are three bills pending before the House that relate to this issue.

“Accordingly,” Holt wrote to the House leaders, “I ask that you work with the relevant committee chairman to merge the best features of these bills into a single bill … and that the consolidated bill be passed as quickly as possible. Congress must act on behalf of America’s families on this important, heart-breaking issue. Let us take swift action that will help reunite these families.”




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