Post Date: 23rd Dec, 2009 - 5:26pm / Post ID:
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Goldman Sean
The relatives of this boy have announced they will not appeal the decision because "that would only prolong the suffering." (It is unlikely they will win if they appeal).
QUOTE A family in Brazil will not appeal a custody ruling that will return a 9-year-old boy to New Jersey, Fox News has learned.
"There comes a time when you have to say the war is over," said Sergio Tostes, an attorney for the Brazilian family. "We could appeal but that would only prolong the suffering. We don't want to prolong this any more."
Brazils' chief justice ruled Tuesday that the boy be turned over to David Goldman in a decision that appeared to bring the case in line with international custody accords.
The boy, Sean, was taken by Goldman's now-deceased ex-wife to her native Brazil in 2004, where he has remained. Goldman, of Tinton Falls, New Jersey, has been fighting to get him back from the boy's stepfather.
Both the U.S. And Brazilian governments have said the matter clearly fell under the Hague Convention, which seeks to ensure that custody decisions are made by the courts in the country where a child originally lived - in this case, the United States.
Goldman's New Jersey-based lawyer, Patricia Apy, said Tuesday that she believed the order by Supreme Court Chief Justice Gilmar Mendes required Sean to be handed over immediately, but she said Goldman's attorneys had not heard from lawyers for the Brazilian family.
Lawyers on both sides have said there was still a chance for the Brazilian family to appeal to Brazil's highest appeals court, though the chances of success seemed slight.
Goldman declined to comment until he learned more details about the 50-page ruling. Calls to the Brazilian family's lawyer were not returned.
U.S. Rep. Chris Smith, a New Jersey congressman who traveled to Brazil to offer his support, said Goldman was pleased.
"He was elated, a big smile came to his face, but he said 'I'm not going to let my guard down until it's wheels up,"' Smith said.
Goldman launched his case in U.S. And Brazilian courts after Sean was taken by his mother to Brazil, where she then divorced Goldman and remarried. She died last year in childbirth, and the boy has lived with his stepfather since...
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