Spitefulness and a Lack of Common Sense

Hi Everyone:

I'm pretty sure that most of this country has heard about the 5 year old case of David Goldman and his son Shawn. I will give a brief history of this long and convoluted story:

In 2004, David's then wife took their 4 year old to Brazil for a 2 week vacation. Instead of returning to their home in Tinton Falls, New Jersey she remained in Brazil and divorced David. She then married a very powerful Brazilian attorney and got pregnant. Unfortunately, she died during child birth. During this entire time David's attorney was unable to win the return of Shawn to his father. It wasn't until about 12 -16 months ago that David was first allowed to visit with his son (in Brazil) with court approved supervision present. David was able to win a number of legal proceedings but the step dad's powerful legal team always figured out a way to keep Shawn in Brazil. And keep him they did. The step dad and the maternal grandparents managed to keep Shawn in Brazil for an incredible 5 years.

What is even more incredible is the fact that the Brazilian family's defense (in the recent court proceedings) was that it would be harmful to remove Shawn from his present environment. They stated that he had now been with them for 5 years and the step dad is now his family where he should remain. David never gave up and finally won this week, when a Brazilian Supreme Court Justice ruled that Shawn had to be returned to his father within 48 hours. The court then gave the step dad 2 options of how to meet at the court: either come in through the more secured back entrance or enter through the front door. The step dad opted for the front door entrance and paraded Shawn through all the photographers and news people. It was a sad site to watch. David and Shawn then were reunited and were almost immediately motorcaded, with 2 police escorts, to the airport where a private jet, rented by NBC news, flew them back to Florida, where I believe they are still.

What an incredible story to say the least. Why it took 5 years to finally have the definitive court ruling that the son should (rightfully) be returned to his biological father and to not remain with his step dad, who is obviously no blood relation, boggles the mind. As I mentioned before, the step dad is a high powered attorney, most likely with high powered attorney/judge friends who helped him try to do the unthinkable. That is to get full custody of his stepson. The step dad knew how to work the Brazilian system and to prolong any decision. To me, it is obvious that the step dad was acting out of spite alone. He had no right to get full custody of Shawn. If the decision from the Supreme court had gone the other way, that would have been tantamount to legalizing child abduction. That would have been an absurd decision.

It is also painfully obvious to me that the step dad and the maternal family had not used any common sense at all in trying to resolve the issue. I know that heartstrings were being pulled (from both sides) but, I think that the maternal family also did not want to lose a part of the daughter that they lost. But the biological father had to win this without a doubt. Not only was the decision the correct legal decision, but it was also the correct common sense decision.

Til next week.