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Politics : About that Cuban boy, Elian

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To: greenspirit who wrote (8500)7/13/2000 11:02:35 PM
From: Rambi   of 9127
 
We seem to not agree on whether this was a custody case. I am under the impression that it was NOT a custody case by the time the relatives were ordered to give up Elian.
Family court had ceded to federal. The judge who gave custody in family court was later tarnished by conflict of interest accusations and the next judge to hear the case ruled firmly against hearing this as a custody case. At that point it became only a federal INS case. JUdge Moore dismissed the asylum petition, Reno ordered the relatives to return Elian and they flat out refused. They didn't even show up.They said you have to come and get him. So what exactly did the INS need? The courts had refused to give the relatives custody. Therefore they didn't HAVE custody. The 11th had said that Elian had to stay in the US until the appeal on the asylum ruling took place. They had nothing to say about custody.

No, it does NOT make sense at ALL to me that this be a matter handled in family court. Elian was not an AMerican citizen. Nor was Juan. This was absolutely NOT a family law matter.

I see now what you are saying--- that initially INS should have determined whether the relatives were fit. As an old service worker, I would have done exactly what INS did. Michael- this was TEMPORARY. Before a permanent placement were ever made, a full, exhaustive home study would have been required. But one ALWAYS tries to place with relatives in an emergency for the child's emotional well-being. I don't see that as a mistake at all. Except that of course, no one could have predicted that the relatives would attempt to rewrite everyone's script, abuse the system that attempted to do what was right for Elian at the outset BEFORE CANF and everyone else got involved.
You are certainly right about politics; it would be disingenuous to pretend otherwise. But this doesn't strike me as particularly horrifying or shocking. It's certainly nothing new and I don't think it's as nefarious as some make it out to be.
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