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Tags child custody , human rights , international law

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Old 9th March 2013, 09:52 PM   #1001
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Originally Posted by lionking View Post
Yes, the law was enforced to the letter. That this is in the best interests of the children is far from evident. How can you say this with such certainty? The children don't seem to think so, and although this is not the wholly deciding factor, it is a factor. Don't you think the children's feelings should play a crucial role in deciding their best interests?

I can't be any more certain than you of which decision would ultimately be in their best interests. I'm simply saying there is no alternative under the current legislation. The law was applied to reflect the best interests of the children.

People say it shouldn't have gone down this way. I say, there was no alternative. We can't realistically ignore the Hague convention, just because these girls like Australia. Remember it was the mothers decision not to return to Italy. This was the sole reason (afaics) for the girls distress. I don't see how it could ever have been resolved peacefully, given the circumstances.
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Old 9th March 2013, 10:24 PM   #1002
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Originally Posted by lionking View Post
. Don't you think the children's feelings should play a crucial role in deciding their best interests?
That's a pretty loaded question.

If it can be shown that the children have been manipulated, co-erced, brainwashed, blackmailed, then no, we can't take what they say they want as gospel. At what age do we let them decide for themselves? What about an intellectually disabled child? There's just too many variables to realistically put this into action.

It can be shown that sending a child to school is in their best interests, yet most children express their feelings about not wanting to go at an early age.
Plenty of teenagers go to school against their wishes. Daily. Globally.
Yes, I know this is a bit more significant than a 6 hour period. It's the same end result though; forcing a child to do something they don't want to, in their best interests.

We are addressing the childs best interests and wishes here, whilst this whole case and debate only happened because of the mothers wishes. The mother refuses to return with her children to their rightful home and birthplace. She is acting in her own best interests and is the only cause for the girls distress.
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Old 10th March 2013, 12:54 AM   #1003
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Originally Posted by kerikiwi View Post
I haven't got that impression from any poster here.

Can you provide one or two examples of such blind faith?
Sure, and these three are just from looking back at a couple of pages.

Originally Posted by ehcks View Post
There IS a judge "out there," in Italy, that will determine the outcome of this case. This is a legal custody case that will be determined by law.
Originally Posted by ehcks View Post
If there is a legally justifiable reason for this law-breaking, it will be heard in court.
Originally Posted by katy_did View Post
The court will decide (and I'm sure will take the kids' feelings at that stage into account
Blind faith that the courts will make a fair decision in the interests of the children, regardless, of course, of what they might want.

Having personally seen the disastrous, life-altering results of an arbitrary (and wrong) decision made by a Judge in a Family Law Court, I have absolutely no faith in them; none whatsoever!
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Old 10th March 2013, 03:58 AM   #1004
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smartcooky,
Why do you support parental kidnapping?

Why do you want two disgusting old hogs and a kidnapper looking after children?

Last edited by Caper; 10th March 2013 at 04:00 AM.
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Old 10th March 2013, 04:00 AM   #1005
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Originally Posted by lionking View Post
Yes, the law was enforced to the letter. That this is in the best interests of the children is far from evident. How can you say this with such certainty? The children don't seem to think so, and although this is not the wholly deciding factor, it is a factor. Don't you think the children's feelings should play a crucial role in deciding their best interests?
No. They were kidnapped.
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Old 10th March 2013, 04:04 AM   #1006
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Originally Posted by smartcooky View Post
Sure, and these three are just from looking back at a couple of pages.







Blind faith that the courts will make a fair decision in the interests of the children, regardless, of course, of what they might want.
That's not blind faith. That's just correctly pointing out the flaws in your argument. Do you have a problem with due justice?

Originally Posted by smartcooky View Post
Having personally seen the disastrous, life-altering results of an arbitrary (and wrong) decision made by a Judge in a Family Law Court, I have absolutely no faith in them; none whatsoever!
Well then, let's abolish all court of law then, shall we? Wouldn't that make the world so much better?

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Old 10th March 2013, 08:53 AM   #1007
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Originally Posted by smartcooky View Post

Blind faith that the courts will make a fair decision in the interests of the children, regardless, of course, of what they might want.

Having personally seen the disastrous, life-altering results of an arbitrary (and wrong) decision made by a Judge in a Family Law Court, I have absolutely no faith in them; none whatsoever!
I doubt anyone here believes the courts are perfect- is any human construct perfect? Of course they are flawed. But what do you propose instead? Should we determine custody based on the desires of the girls as expressed at a news conference with their mother sitting next to them? The same but with their father next to them? A written statement of the girls' wishes as interpreted by their grandmother? A poll of the press who are covering the story? Do we have a toll free phone number the children can call if they later change their minds after a fight with the custodian parent over homework?

Given that you recognize that the wishes of be children can't be the only factor, how do we also incorporate and balance out the other factors necessary to determine the best interests of the children? A computer algorithm?

Sorry, but for all their flaws I can't see a better way than having an experienced family law court and judge work through these complexities and do their best for the girls. From what I've read so far, I have no reason to distrust the Italian court that will judge this case. If you think so, you should argue to have the judge changed, not the principle of having a court decide.

Yes, I agree courts can be wrong. However I have yet to come up with a better idea.
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Old 10th March 2013, 11:20 AM   #1008
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Originally Posted by Caper View Post
smartcooky,
Why do you support parental kidnapping?

Why do you want two disgusting old hogs and a kidnapper looking after children?
...do you really think comments like this help the conversation here?
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Old 10th March 2013, 11:59 AM   #1009
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Originally Posted by banquetbear View Post
...do you really think comments like this help the conversation here?
He's on ignore, so I didn't see that comment, not that I would have dignified it with a reply anyway.
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Old 11th March 2013, 02:40 AM   #1010
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Originally Posted by smartcooky View Post
Cite your source.
Post 8 of this thread. AFAK, it's not been in dispute.
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Old 11th March 2013, 03:47 AM   #1011
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Good way to kill a thread. Ignore all who oppose......
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Old 11th March 2013, 04:03 AM   #1012
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That's because we're too stupid to blindly agree with smartcooky understand the nuances of this issue.
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Old 11th March 2013, 04:38 AM   #1013
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Yep, so stupid that we can't get all emotional about it.
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Old 11th March 2013, 11:29 AM   #1014
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Originally Posted by Shiner View Post
Good way to kill a thread. Ignore all who oppose......
I has become clear that none of the pro police/court/judge group (for want of a better name) have firmly made their minds up and there is no argument that will convince them to change their minds.

It has also become clear that the pro children/choice/non-violence group (for want of a better name) have firmly made their minds up and there is no argument that will convince them to change their minds.

Further debate is pointless, so I'm not going bother wasting my time on the issue any longer.

After this post, I'll be taking this thread off subscription.
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Old 11th March 2013, 12:46 PM   #1015
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Originally Posted by smartcooky View Post
I has become clear that none of the pro police/court/judge group (for want of a better name) have firmly made their minds up and there is no argument that will convince them to change their minds.

It has also become clear that the pro children/choice/non-violence group (for want of a better name) have firmly made their minds up and there is no argument that will convince them to change their minds.

Further debate is pointless, so I'm not going bother wasting my time on the issue any longer.

After this post, I'll be taking this thread off subscription.
You haven't presented a sound argument that the police and courts are wrong in this case.

No one is arguing that courts or authorities can't be wrong. Courts can be and have been wrong in other cases. How do we know this? By following the evidence. It doesn't mean that we can conclude therefore that they are wrong in this case. Examples of other courts (or bizarrely school officials in the US) don't prove anything for this case. So what's the evidence that the courts are wrong in this case? Nothing. Not a thing apart from assertion. It isn't even that we can argue that the courts didn't do their due diligence in examining the case as they spent two years on ultimately baseless appeals AND have shown the reasoning/evidence for their judgement.

Have women absconded with their children for good reasons in the past? Yes. That's not evidence that in this case the abduction was justifiable. What evidence is there that in this case it was? Nothing, just assertion and speculation that maybe it was. And again, we cannot reasonably argue that there were justifiable reasons that we don't know of because of the extensive interviews and investigations.

Have courts ignored the wishes of children before? Yes. But yet again we know that in this case it is explicitly not so. The court investigated that avenue and stated it's completely plausible reasoning in not following what they stated their wishes are.

No one is arguing that the courts are right because they're the courts. No one is having blind faith in the courts. You've made up your mind and refuse address the basic flaws in your argument. Your loaded words might make you feel better, but it's painfully transparent.
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Old 11th March 2013, 02:06 PM   #1016
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Originally Posted by smartcooky View Post
I has become clear that none of the pro police/court/judge group (for want of a better name) have firmly made their minds up and there is no argument that will convince them to change their minds.

It has also become clear that the pro children/choice/non-violence group (for want of a better name) have firmly made their minds up and there is no argument that will convince them to change their minds.

Further debate is pointless, so I'm not going bother wasting my time on the issue any longer.

After this post, I'll be taking this thread off subscription.
...yet another fallacy from you. I'm pro police/court/judge and pro children/choice/non violence. I don't fit your "labels." And neither does anyone else. Further debate is pointless not because people won't change their minds: but because you see this as an issue where you need to "pick a side."
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Old 11th March 2013, 09:02 PM   #1017
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In my day to day life, I'll go either way as far as Police/court/judge go, and I'm very much pro children/choice.

It's a pity not everyone can see that, as they say, we can lead the horse to water......
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Old 11th March 2013, 09:17 PM   #1018
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Gee- I thought I was in the pro-fluffy kitten/pro-Nazi group.
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Old 12th March 2013, 05:55 AM   #1019
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Originally Posted by joesixpack View Post
I'll take a stab at that. The children should have been separated from the mother days before the departure and held incommunicado. They should have had some time with a child psychologist during that time, and the transfer to the airport and the boarding of the plane should have been done with the press kept completely in the dark.

This in no was absolves the mother of her horrible actions , of course (or the press, for that matter). I think that justice was served by repatriating the children, I just think it could have been served a bit better. I think that's what DreamingNiad is suggesting.
It is, thank you. Apparently it's dumb and unrealistic to some, though
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Old 12th March 2013, 09:45 AM   #1020
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Re: The Australian "custody sisters"

Originally Posted by DreamingNaiad View Post
It is, thank you. Apparently it's dumb and unrealistic to some, though
Why does delaying their departure help? You are basically saying the kids should be taken by suprise so the media isn't there. They will still fight with the police and holding them prisoner away from their parents for a short while isn't going to be helpful.

So yes it is dumb and unrealistic.
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Old 12th March 2013, 10:43 AM   #1021
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Originally Posted by ponderingturtle View Post
Why does delaying their departure help? You are basically saying the kids should be taken by suprise so the media isn't there. They will still fight with the police and holding them prisoner away from their parents for a short while isn't going to be helpful.

So yes it is dumb and unrealistic.
I'm pretty sure holding someone prisoner means unlawfully detaining them. With a court order it would be lawful. Just as dragging them off against their will wasn't kidnapping or abduction because of the court order.

And iirc several posters here have suggested they only played up because the media were there, so perhaps without them things would have calmed down quicker.
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Old 12th March 2013, 11:30 AM   #1022
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Re: The Australian "custody sisters"

Originally Posted by DreamingNaiad View Post
I'm pretty sure holding someone prisoner means unlawfully detaining them. With a court order it would be lawful. Just as dragging them off against their will wasn't kidnapping or abduction because of the court order.

And iirc several posters here have suggested they only played up because the media were there, so perhaps without them things would have calmed down quicker.
So prison breaks don't involve prisoners as they are lawfully detained?

Kidnapping and abduction have an unlawfull component but prisoners can be lawful or not.
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Old 12th March 2013, 12:39 PM   #1023
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Originally Posted by ponderingturtle View Post
So prison breaks don't involve prisoners as they are lawfully detained?

Kidnapping and abduction have an unlawfull component but prisoners can be lawful or not.
You're right. Looked it up and the definition seems to be along the lines of "someone deprived of their liberty or held against their will". Which happened to these girls anyway when the police took them. Taking a few days to calm them down, perhaps flying the father in to talk to them (it's the least the Aussie government could do since their embassy was involved in this mess) couldn't hurt.
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Old 12th March 2013, 12:47 PM   #1024
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Originally Posted by ponderingturtle View Post
Why does delaying their departure help? You are basically saying the kids should be taken by suprise so the media isn't there. They will still fight with the police and holding them prisoner away from their parents for a short while isn't going to be helpful.

So yes it is dumb and unrealistic.
Actually, they were only fighting when the press were present. By all accounts they were calm and compliant when the press were absent.
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Old 12th March 2013, 01:19 PM   #1025
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Re: The Australian "custody sisters"

Originally Posted by joesixpack View Post
Actually, they were only fighting when the press were present. By all accounts they were calm and compliant when the press were absent.
So the warnings and notification was the problem? I guess they don't need their stuff.

And yet somehow despite her causing this it is still an endorsement of the mother.
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Old 12th March 2013, 01:28 PM   #1026
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Originally Posted by ponderingturtle View Post
So the warnings and notification was the problem? I guess they don't need their stuff.

And yet somehow despite her causing this it is still an endorsement of the mother.
I'm sorry, I can't make heads or tails of this. Are you suggesting that I'm supporting the mother?
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Old 12th March 2013, 03:01 PM   #1027
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Originally Posted by joesixpack View Post
I'm sorry, I can't make heads or tails of this. Are you suggesting that I'm supporting the mother?
You are trying to give her what she is after.
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Old 12th March 2013, 04:29 PM   #1028
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Originally Posted by ponderingturtle View Post
You are trying to give her what she is after.

I'm trying to take the kids away from her. Have you read a single one of my posts on this thread?
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