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Author Topic: NJ State Senator Kyrillos: Latest Decision in Goldman Case is Sheer Lunacy  (Read 5496 times)

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Offline M.Capestro

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Kyrillos: “Judicial Panel’s Latest Decision in Goldman Case is Sheer Lunacy”
 http://www.senatenj.com/index.php/kyrillos/kyrillos-judicial-panels-latest-decision-in-goldman-case-is-sheer-lunacy/12204
 
State Senator Joe Kyrillos (R- Monmouth) today decried the decision of a three judge Appellate panel to overturn a lower court ruling protecting the custodial rights of Monmouth County resident David Goldman.
 
Goldman fought a years long and eventually successful legal battle in Brazil to have his son returned to the United States after his late ex-wife, Bruna Bianchi, absconded to her native Brazil with the boy, Sean. Bruna severed all ties to her former husband and father of her child, divorcing him and marrying a Brazilian man who sought to adopt Sean after his wife’s death.
 
Bruna Bianchi’s mother, Silvana, sought visitation rights in New Jersey Superior Court. Goldman opposed visitation unless several stipulations, including that Mrs. Bianchi end all legal actions pending in Brazil to have the boy returned to that country, were met.
 
“To any rational person, what Bruna Bianchi did by taking Sean to Brazil amounts to kidnapping,” said Kyrillos. “David, who is a friend and a pillar of the community in Monmouth County, has been through hell trying to assert his parental rights after being involuntarily separated from his son by the whims of his ex-wife, going so far as to obtain involvement from the White House and U.S. State Department.”
 
Kyrillos said that the Appellate Court panel’s reversal of Judge Michael Guadagno’s 2011 decision to deny a visitation hearing to Sean’s grandmother rewards his ex-wife’s family for unconscionable legal actions in Brazil seeking to once again separate David Goldman from his son.
 
“David Goldman is a victim, and the New Jersey Appellate Court is further victimizing him by reversing a common-sense decision by Judge Guadagno,” Kyrillos continued. “David is not asking for much, only that his rights as a father never again are ignored and that he never again runs the risk of losing his son to the Bianchi family.”

Offline lovellboys

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Wow....just - wow.  This is the best part:
 
“To any rational person, what Bruna Bianchi did by taking Sean to Brazil amounts to kidnapping,”
 
To bad we are not dealing with rational people. 
« Last Edit: August 06, 2012, 04:18:57 PM by lovellboys »

Offline sue

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Isn't that the truth!

Offline todez

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If I lived in New Jersey, this Senator would get my vote just for calling out the family and telling it like it it is; kidnappers!

Offline rduffiel

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I also like this statement.
 
David is not asking for much, only that his rights as a father never again are ignored and that he never again runs the risk of losing his son to the Bianchi family.”
 
PRICELESS!
Knowledge comes, but wisdom lingers.  ~Alfred Lord Tennyson

Rose

Offline kmoor88

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Re: NJ State Senator Kyrillos: Latest Decision in Goldman Case is Sheer Lunacy
« Reply #5 on: September 18, 2012, 10:06:22 PM »
Too bad the Judge could not read the Brazilian psychology reports that said that Sean was suffering from severe parental alienation. She amazes me that after all he knows now he might not want to see her because of her behavior and the way she treated his Super Dad!

Offline SageDad

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Re: NJ State Senator Kyrillos: Latest Decision in Goldman Case is Sheer Lunacy
« Reply #6 on: September 19, 2012, 12:03:44 PM »
If Grandma insists on trying to bypass David and his reasonable restrictions on her involvement and influence in his son's life I would pursue having her visa revoked and criminal charges filed against her for any number of things she's been a party too -- starting with the abduction under the IPKCA.


The idiots in the NJ court can say whatever they want.  It will do them little good if she's denied entry into the country or taken into custody by police the moment she steps off a plane.
“What you seek is seeking you.”
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Offline BringJusticeHome

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Re: NJ State Senator Kyrillos: Latest Decision in Goldman Case is Sheer Lunacy
« Reply #7 on: September 19, 2012, 03:33:53 PM »
I'm sure there's numerous charges that can be file, however you can't file charges against someone under the IPKCA unless you filed immediately when the child was taken. If they come back with the children, you can't even file it then. I've already tried and spoke with the F.B.I.  Once they come back to American it's no longer a international child abduction, and if you did not have a case open when the abduction first occurred you can't open it when they come back. The only way to open a case with them is for your child to be abducted in another country.

Offline SageDad

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Re: NJ State Senator Kyrillos: Latest Decision in Goldman Case is Sheer Lunacy
« Reply #8 on: September 19, 2012, 04:02:38 PM »
I'm sure there's numerous charges that can be file, however you can't file charges against someone under the IPKCA unless you filed immediately when the child was taken. If they come back with the children, you can't even file it then. I've already tried and spoke with the F.B.I.  Once they come back to American it's no longer a international child abduction, and if you did not have a case open when the abduction first occurred you can't open it when they come back. The only way to open a case with them is for your child to be abducted in another country.


The FBI is full of crap.  They have 1001 excuses for why they won't file an IPKCA charge.  The real reason however is quite simple, they don't want to.  More importantly though it's not even up to the FBI to file charges or not.  That is exclusively up to the US Attorneys at the USDOJ (unfortunately they don't want to either.)  In this, the FBI and USDOJ are really just following the lead of the State Department, which is the primary institution that does not want to pursue criminal remedies in these cases as it can create a diplomatic irritant (and they campaigned against the law even being enacted.)


There is nothing in the law that allows for a statute of limitations for IPKCA.  Further, there is nothing that prevents them from filing charges after the child is returned, filing them against mothers, filing them against accomplices or filing them at the same time as Hague Convention proceedings (though they can, and do, frequently tell parents otherwise.)
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Offline rmakielski

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Re: NJ State Senator Kyrillos: Latest Decision in Goldman Case is Sheer Lunacy
« Reply #9 on: September 20, 2012, 01:00:08 PM »

The FBI is full of crap.  They have 1001 excuses for why they won't file an IPKCA charge.  The real reason however is quite simple, they don't want to.  More importantly though it's not even up to the FBI to file charges or not.  That is exclusively up to the US Attorneys at the USDOJ (unfortunately they don't want to either.)  In this, the FBI and USDOJ are really just following the lead of the State Department, which is the primary institution that does not want to pursue criminal remedies in these cases as it can create a diplomatic irritant (and they campaigned against the law even being enacted.)


There is nothing in the law that allows for a statute of limitations for IPKCA.  Further, there is nothing that prevents them from filing charges after the child is returned, filing them against mothers, filing them against accomplices or filing them at the same time as Hague Convention proceedings (though they can, and do, frequently tell parents otherwise.)

You can try to get a dialog going with your local DA. I found this resource
http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/15mcrm.htm#9-15.630
 
I place the my children rights above my own; Children have the right to have a relationship with both parents; I stand against domestic violence and child abuse; The amicable return of Abducted children is the best solution; I will obey the laws of the United States

Offline BringJusticeHome

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Re: NJ State Senator Kyrillos: Latest Decision in Goldman Case is Sheer Lunacy
« Reply #10 on: September 24, 2012, 09:40:54 AM »
Most of the F.B.I agents did not even know about the IPKCA and swore on their mothers that this law did not exist. I'm just saying what I was told, I don't know the truth of it or not. I just know that when I finally talked to someone higher up in the F.B.I, they said that I have to file it when the child is abducted. If the child is in America then the child is not abducted outside of the country and they can't do anything. It then would be a domestic custody issue which needs to be handle at family court.

Offline SageDad

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Re: NJ State Senator Kyrillos: Latest Decision in Goldman Case is Sheer Lunacy
« Reply #11 on: September 26, 2012, 03:59:52 PM »
Most of the F.B.I agents did not even know about the IPKCA and swore on their mothers that this law did not exist. I'm just saying what I was told, I don't know the truth of it or not. I just know that when I finally talked to someone higher up in the F.B.I, they said that I have to file it when the child is abducted. If the child is in America then the child is not abducted outside of the country and they can't do anything. It then would be a domestic custody issue which needs to be handle at family court.


As a practical matter that is mostly true.  They never want to file charges under the IPKCA and if the child is already returned they almost certainly will not do so.  In this case though, what they can do, and what they will do, are two very different things.  Practically speaking again though, what they do for an average LBP like you or me, versus what they would do for one with the well-earned recognition, fame and respect of David Goldman are also, quite probably, two very different things as well.
“What you seek is seeking you.”
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Offline petekaplan

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Re: NJ State Senator Kyrillos: Latest Decision in Goldman Case is Sheer Lunacy
« Reply #12 on: October 14, 2012, 02:59:06 PM »
Perhaps people felt that way a hundred years ago. But we live in 21st century. There's a presumption that children should be with their mothers no matter what. It's a barbaric idea that goes back through history to the Old Testament and is probably prehistoric in origin.  Judges make their decisions based on it because of the legal precedence dating back to the 1800's.  By 1916, it was normal for Judges to give mothers custody in divorce.
http://www.fathermag.com/news/Case_for_Father_Custody.pdf
 
 
Wow....just - wow.  This is the best part:
 
“To any rational person, what Bruna Bianchi did by taking Sean to Brazil amounts to kidnapping,”
 
To bad we are not dealing with rational people.