AP Interview: US dad would let relatives visit son

AP Interview: US dad would let relatives visit son


By BRADLEY BROOKS (AP) – 6 hours ago



RIO DE JANEIRO — A New Jersey man who has fought for five years to regain custody of his young son in Brazil would allow the boy's Brazilian family visitation if he wins his case, he told The Associated Press on Sunday.



David Goldman, whose battle to return his 9-year-old boy, Sean, to the U.S. lies in the hands of a Brazilian Supreme Court justice, said he wants to spend the holidays with his son — in the United States.



"It's my hope we'll have ... the holidays and New Year's and a very long, happy, healed life as father and son — at home," Goldman told the AP in an exclusive interview. "My whole family and Sean's whole family have been waiting, agonizing for over five years to be reunited with their grandson, with their cousin, with their nephew, with my son."



Late Sunday, the court said in an online statement that Chief Justice Gilmar Mendes would rule Monday on appeals made by Goldman and Brazil's attorney general seeking to lift a stay on a lower court's order that Sean be handed over to his father.



If Mendes lifts the stay, lawyers in both camps said, the Brazilian family could still appeal to the nation's highest appeals court — but it's questionable whether that court would be willing to review the case if the Supreme Court backs a lower federal court ruling giving Goldman custody.



Goldman has pressed his case in U.S. and Brazilian courts since Sean was taken by his mother in 2004 to her native Brazil, where she then divorced Goldman and remarried. She died last year in childbirth, and the boy has lived with his stepfather since.



The lawyer for the boy's Brazilian family has offered to negotiate a settlement, and the family also invited Goldman to spend Christmas with them.



Goldman did not say whether he would accept the invitation if the case is not resolved this week.



Asked if Sean's Brazilian family would be able to visit the boy, Goldman said yes.



"I will not do to them what they've done to Sean and me," he said.



The case has affected diplomatic ties between Brazil and the U.S., reaching talks between President Barack Obama and his Brazilian counterpart, Luiz Inacio Lula da Silva. A U.S. senator, reacting to the case, blocked the renewal of a $2.75 billion trade deal this week that would lift tariffs on some Brazilian exports.



The U.S. State Department has pressed for the boy to be returned. But a Brazilian Supreme Court justice on Thursday stayed a lower court decision allowing Sean to return to his father.



Goldman — along with Brazil's attorney general — filed appeals Friday asking the Supreme Court to overturn the judge's decision to block Sean's return while the court considers hearing direct testimony from the boy.



Meanwhile, the Brazilian family's lawyer, Sergio Tostes, told the AP he would like to see a negotiated settlement worked out to halt the damage being done to Sean, as well as to U.S.-Brazil relations.



"We're raising the white flag and saying: 'Let's get together, let's talk. We're the adults, we have responsibilities, so let's start to have a constructive conversation,'" Tostes said.



Goldman, however, was in no mood to negotiate.



"This isn't about a shared custody — I'm his dad, I'm his only parent," Goldman said. "This isn't a custody case — it's an abduction case."



That is also how the U.S. and Brazilian governments see it.



Tostes promised a hard battle to the end and threatened that some damaging details — presumably about Goldman — that had yet to be released would become public if needed. He gave no further explanation.



After many disappointments, Goldman said he is taking nothing for granted.



"Until my son and I are on a plane together and those wheels are up, I'll be no less determined and no less hopeful for that day to come," he said.



He said he can't wait to make up for lost time.



"I have five years of love to give him, so he's going to get an extraordinary amount," Goldman said. "With love and patience, we will heal."



AP Television News Producer Flora Charner contributed to this report.



Copyright © 2009 The Associated Press. All rights reserved.

What is IPC-498a ? Why is it misused ?

Passed by Indian Parliament in 1983, Indian Penal Code 498A, is a criminal law (not a civil law) which is defined as follows,

“Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. The offence is Cognizable, non-compoundable and non-bailable."

How are you at risk and why it is dangerous for the society?


Your wife/daughter-in-law who's demands are not met can make a written false complaint of dowry harassment to a nearby police station. The husband, his old parents and relatives are immediately arrested without sufficient investigation and put behind bars on a non-bailable terms. Even if the complaint is false, you shall be presumed guilty until you prove that you are innocent.

498a can only be invoked by wife/daughter-in-law or her relative. Most cases where Sec 498A is invoked turn out to be false (as repeatedly accepted by High Courts and Supreme Court in India) as they are mere blackmail attempts by the wife (or her close relatives) when faced with a strained marriage. In most cases 498a complaint is followed by the demand of huge amount of money (extortion) to settle the case out of the court. This section is non-bailable(you have to appear in court and get bail from the judge), non-compoundable (complaint can't be withdrawn) and cognizable (register and investigate the complaint, although in practice most of the time arrest happens before investigation). There have been countless instances where, without any investigation, the police has arrested elderly parents, unmarried sisters, pregnant sister-in-laws and even 3 year old children. In these cases unsuspecting family of husband has to go through a lot of mental torture and harassment by the corrupt Indian legal system. A typical case goes on for years (5-7 years is typical) and the conviction rate is about 2% only. Some accused parents, sisters and even husbands have committed suicide after time in jail.