After 4-year fight, he finally sees his son again

Choking back tears that had been building up for more than four and a half years, a New Jersey father tried to describe the emotions he felt at finally being able to hold and hug his son and tell the boy how much he loved him.

“It was the most beautiful thing I’ve seen since his birth. It was incredible. Amazing. I got to see my son,” David Goldman told TODAY’s Meredith Vieira Tuesday by phone from Brazil.

The previous day, accompanied by U.S. Rep. Chris Smith of New Jersey, Goldman had finally reached the end of a nightmare that began in June 2004 when his wife, Bruna, left with their son, Sean, for a two-week trip to visit family in her native Brazil. She never came back.

In all the years since, Goldman had traveled to Brazil numerous times hoping to see his son, but all the contact he was allowed to have consisted of a few brief phone calls.

International dispute
A New Jersey court ruled that Bruna had to return Sean to New Jersey for a custody hearing. But despite international law and treaties between the United States and Brazil that upheld the court ruling, Bruna refused to either return or to give up custody of the boy. Instead, she divorced Goldman in a legal proceeding that violated international law, and married an influential Brazilian attorney.

Then, last August, Bruna died while giving birth to a child by her new husband. After her death, that husband petitioned a Brazilian court to take Goldman’s name off his own son’s birth certificate.

Although the system seemed stacked against him, Goldman never gave up. Finally, with the help of Smith, the New Jersey congressman who accompanied Goldman to Brazil, father and son were reunited for a visit on Monday.

“After all this time I got to see him, walk over to him and hug him and tell him how much I love him and how much I miss him and how joyful it was to be with him,” Goldman said.

‘It was beautiful’
He had no idea if Sean would really remember him and how he would greet him, Goldman said.

“I was expecting the worst. And when our arms locked, it wasn’t that way at all. It was beautiful,” he told Vieira, fighting back tears the entire time he spoke.

Sean asked his dad why it took so long to visit him. “That was very painful,” Goldman said. “I saw the anguish on his face.”

What to tell the boy? Goldman was understandably reluctant to tell Sean how his mother first left him and then refused to let him see Sean.

“I didn’t want to hurt him by telling him the absolute truth, so I just said that the courts were making things very difficult,” Goldman said. “I said, ‘Sean, I’ve been here many, many times to try to be with you. The last time I was here I stayed for 10 days and I couldn’t be with you.’ ”

Smith told The Associated Press that Goldman shot baskets and went swimming with Sean during Monday’s visit. Goldman was scheduled to see his son again on Tuesday.

Vieira asked what plans he had for today’s visit.

“I’ll do whatever I can with him. It depends on what kind of restrictions there are,” Goldman replied.

‘It’s going to happen’
In a later interview with TODAY correspondent Amy Robach, NBC senior legal analyst Susan Filan said that Goldman should eventually regain custody of his son, whose room in Goldman’s Tinton Falls, N.J., home remains as it was the day he left for Brazil with his mother more than four years ago. Filan said that international law and treaties between the United States and Brazil are unequivocal in affirming Goldman’s parental rights.

“You can’t take a kid from one country and hide him another country and say it’s OK,” Filan said. “There’s no question this case should have been decided in a New Jersey court.”

TODAY In happier times: David Goldman with his son, Sean, and his late wife Bruna.

Filan said she’s looked at the facts from every angle and can conceive of no legal justification or explanation for how the Brazilian courts have acted. According to every law, she said, the man who married Goldman’s wife “has no legal rights to this child whatsoever.”

She added that the change of administrations in Washington and the personal involvement of Rep. Smith have clearly helped Goldman press his case. Public attention given the case should embarrass the Brazilian government into bowing to the dictates of the law, she said.

“Once one government accuses another government of being in violation of a treaty, it’s embarrassing,” she said.

Filan cautioned that it may still take time for Sean to finally come home to live with his father.

“I don’t think it’s going to be as quick as everybody wants, but I think ultimately it’s going to happen,” she said.

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