III 

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 


jbell on PROD1PC69 with BILLS
2 

•SRES 37 IS 

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; 


jbell on PROD1PC69 with BILLS
3 

•SRES 37 IS 

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 


jbell on PROD1PC69 with BILLS
4 

•SRES 37 IS 

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 

1 Resolved, That the Senate calls on officials of the 

2 Government of Brazil and the federal courts of Brazil— 

3 (1) to fulfill the obligations of Brazil under the 

4 Convention on the Civil Aspects of International 

5 Child Abduction, done at the Hague October 25, 

6 1980 (TIAS 11670); and 

7 (2) to assist in the safe return of Sean Gold8 man to his father, David Goldman, in the United 

9 States. 

Æ 


jbell on PROD1PC69 with BILLS