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Pastimes : Let's Talk About Our Feelings!!! -- Ignore unavailable to you. Want to Upgrade?

To: epicure who wrote (78906)	4/25/2000 6:55:00 PM
From: Rambi	Read Replies (1) \| Respond to of 108807

The rewarding of a criminal act doesn't bother me the way terminating paternal rights does. It seems to go against what I thought was a tenet of family law which stresses the importance of the nuclear family and parental rights and doing all you can to keep a family together. But what an interesting analogy!! Abortion and parental permission! I have always thought (and argued with CGB about this) that no child should be able to obtain an abortion without parental permission. So to remove a child from a parent because of a request for asylum - huh. Well, that's why you're the lawyer. Does international law have any jurisdiction over this type of family dispute?

To: epicure who wrote (78906)	4/25/2000 8:59:00 PM
From: Ilaine	Read Replies (1) \| Respond to of 108807

Excellent point. What are all these Family Values guys doing arguing against the right of a father to decide how to raise his child? Reminds me of Newt Gingrich going after Clinton for Lewinsky when he had a mistress of his own. Kinda sleazy.

To: epicure who wrote (78906)	4/26/2000 7:05:00 AM
From: nihil	Read Replies (1) \| Respond to of 108807

I think you are terribly confused. As I remember you are opposed to immigration anyway. The Elian case is not that complex. Elian is a paroled alien who entered extralegally. His status is a "person" and an "alien." Any alien physically present in the U.S. has a legal right to request asylum. He actually signed the petition himself, although that was not necessary given his age. He also has the right to withdraw his petition, but give that his guardian won't agree, there is a new controversy there. Many Cubans have been granted asylum under broad assumptions of class and background discrimination. The only thing that is necessary is a belief that they would be subject to oppression if they returned. Since Elian has signed a petition, he certainly has a well-founded belief. But now Elian has been taken charge of by a bunch of communists and is subject to undue influence (IMO). It will be very difficult for the court to determine what Elian's actual desires are. I am reminded of a practice pursued by Sri Lankan parents. They would put their children on planes to Germany with instructions to claim asylum and refuse to give their names and origins. The Germans, horrified and guilty because of their Nazi past, had the most elaborate protection for refuges. The children would be sent to the best and most elaborate private residential schools until they were of age. Thus the parents got wonderful educations for their children in a free country which they could not afford at home. Germany has in the last few years changed its asylum laws.