Brazil court delays custody ruling on US boy

The American father at the centre of an international child custody battle will have to wait another day at the very least to learn whether his nine-year-old son can return with him to the US from Brazil.

Supreme Court Chief Justice Gilmar Mendes had been expected to rule on Sean Goldman's case yesterday, then today.

The decision will likely not come down until tomorrow.

Sean’s mother took him on vacation to Brazil in June 2004, but instead of returning to New Jersey, she divorced his father David Goldman and remarried in Brazil.

His mother, Bruna Bianchi, died last year, but Sean's stepfather Joao Paulo Lins e Silva continued to raise him in Brazil and has claimed custody rights.

Also today, Silva’s lawyer Sergio Tostes issued a statement denying reports that Sean would return to the US if his maternal grandmother Silvana Bianchi was allowed to accompany him on the flight.

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Dad's Custody Battle Hits "Brick Wall"

It's been more than two years since 5-year-old Liam McCarty was taken from his home in New York, and brought illegally to Rome by his mother.

Now 8, Liam is not living with either of his parents, but rather at an orphanage facility run by Italian Social Services because his mother was deemed unfit to parent. The child's father

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Morocco and Norway in International Child Custody Case

A child custody battle between a Moroccan former Olympic athlete and his estranged Norwegian wife has strained diplomatic ties after Morocco said Norway helped spirit the two children away from their father.

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Lawyers Reaching Custody Agreement in International Kidnapping Case

A custody agreement between the parents of a 3-year-old girl kidnapped by her Russian mother from France in March should be finalized in a few weeks, a French lawyer for the girl's mother, Irina Belenkaya, said Monday.

The agreement will provide for the girl to live either in France or Russia, and one of the parents could voluntarily move to the country of the girl's residence, said prominent Russian lawyer Anatoly Kucherena, who is helping draft the agreement to bring an end to the high-profile custody battle.

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"Gossip Girl" Star Involved in Messy Custody Battle

"Gossip Girl" star Kelly Rutherford, who filed divorce papers last month, fears her estranged husband will vanish with their son.

The star is seeking to bar David Giersch from leaving America with their 2-year-old son, Hermes.

Meanwhile, Giersch has filed papers in Los Angeles alleging the actress, who is pregnant with the couple's second child, once threw a laptop computer at him in a rage.

Both parties are seeking sole physical custody of their son with monitored visitation.

Filing emergency papers at the end of last week, the actress asked court officials to bar Giersch from traveling outside the United States with their son.

In a declaration, she said, "I feel there is some risk that he will leave the country with Hermes and I will not know where they are."

Read more at SFGate.com

Collapsed International Marriages Rasie Child Abduction Issue

Japanese women from collapsed international marriages are increasingly bringing their children to Japan without confirming custody rights, creating diplomatic problems between Japan and other countries, it has emerged.

In one case three years ago, a Japanese woman's marriage to a Swedish man collapsed and she brought their child to Japan. Later when she traveled to the United States by herself she was detained, as police in Sweden had put her on an international wanted list through Interpol for child abduction. She was sent to Sweden and put on trial.

The Hague Convention on the Civil Aspects of International Child Abduction bans people from taking their children to their home country after a collapsed marriage without confirming issues such as custody and visitation rights. The convention has about 80 signatory countries, mainly in Europe and North America, but Japan is not one of them.

Couple Wins Damages in Messy Custody Battle

An American woman who badmouthed her former husband and his new wife during a custody battle, claiming they abused drugs, and had paedophilic tendencies, has been ordered to pay R150 000 in damages to the couple by the Pretoria High Court.

Judge Chris Botha ordered that the man receive R100 000, and his wife R50 000. The Midrand couple claimed a total of R600 000 in damages - R300 000 each.

The parties are not being identified to protect their 13-year-old daughter, who is the subject of their bitter custody battle.

The court heard that after their divorce, the mother at first had custody of their child. The father later obtained custody and the mother moved to the US with her new husband in 2004. The daughter often visited her there.

When the child visited her in June 2005 the mother decided not to send the child back. She obtained an interim custody order, without the knowledge of the father, from a court in New York.

This was the start of a lengthy legal battle between the two, both in South Africa and in the US.

Custody Battle In Japan Highlights Loophole in Child Abduction Cases

Shane Clarke had no reason to be suspicious when his wife took their two children to Japan to see their ill grandmother in January.

The couple had married four years earlier after meeting online, and settled down with their daughters, aged three and one, in the west Midlands. Clarke, they agreed, would join his family in Japan in May for a holiday, and they would all return together.

Last week, however, he faced his wife and her lawyer in a Japanese courtroom, uncertain if he would ever see his children again. When his wife left the UK, Clarke now believes, she never had any intention of returning with him, or of letting her children see him.

"From the moment I met her at Narita airport I knew something was wrong," Clarke told the Guardian before a custody hearing in Mito, north of Tokyo. "I soon realised she'd played me like a grand piano. The whole thing had been orchestrated," he claims.

Clarke, a 38-year-old management consultant from West Bromwich, has gone to great lengths to win custody. The Crown Prosecution Service said his wife could be prosecuted in the UK under the 1984 child abduction act.

However, he can expect little sympathy from Japanese courts, which do not recognise parental child abduction as a crime and habitually rule in favour of the custodial - Japanese - parent.

International Custody Battle Resolved

A sharply divided Vermont Supreme Court on Friday waded into a long-running international custody dispute, reversing a Vermont Family Court decision and giving jurisdiction in the case to a Canadian court.

The 3-2 decision reverses a 2002 ruling by Judge John Wesley in Bennington that gave custody of a son born to a Bennington couple to the father and ruled that a Canadian court was right to give the mother custody of the child.

The mother in 2003 obtained her own child custody order in Canada, where she had fled after claiming her ex-husband had abused her and threatened to harm her and their son. She was convicted in federal court last year of kidnapping her son.

"This is one of those rare cases where the best interests of the child must take precedence over the policy goal of deterring parental wrongdoing," Justice Marilyn Skoglund, writing for the high court's majority, said in the decision. "Canada was the more appropriate forum to resolve this matter."

In a stinging dissent, Justice Brian Burgess said the majority's ruling sends the wrong message to parents unhappy with court custody decisions.

Lesbian's Children To Be Returned To UK

An Ontario judge has ruled that a woman who fled to Canada from the United Kingdom with her two adopted daughters must return with them to allow her former lesbian partner full access to the children under what amounts to a joint custody agreement.

Justice Jennifer Mackinnon, of Ontario Superior Court, ordered Connie Springfield to return to England with her two daughters, 8 and 6, whom she adopted with her long-time partner Sarah Courtney six years ago. Ms. Springfield had spirited the two children to Canada late last year in what the judge called a "long thought out, deceptive method of her removal of the children."

The lesbian couple had broken up five years earlier and had, apparently amicably, continued to share custody of the children until Ms. Springfield took them on what was supposed to be a visit to family members in Ottawa last December, but which she acknowledged planning for some time as a permanent move.