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

To: Neocon who wrote (79340)	5/2/2000 7:24:00 PM
From: Dayuhan	Read Replies (4) \| Respond to of 108807

Paternal anxiety should have trumped deference I don't think you get the point. First, it was physically impossible for him to come here without approval of both governments. Second, even if he could have come here without that support, what could he have done? American parents find themselves in the same position occasionally, a foreign spouse taking a child out of the country without permission. They find very quickly that the legal system of the foreign country is often wildly prejudiced against them, and that they can do absolutely nothing without the support of their government. Many of them do not even go to the country in question, sometimes because they cannot afford it, sometimes because they are just plain scared to be alone in a foreign land, in a legal battle they have little or no hope of winning. Does that make them deadbeat parents, or simple people caught up in a situation beyond their capacity to manage? Not that this would matter much to those who have already decided what they want to see. What I do not understand are those who are sure that Elian should go back, and that all of the propaganda is on the side of the Miami folk...... I see no credible argument for keeping the boy away from his father, except that the Miami relatives are doubtless depressed at the idea of going back to their former lives and not being on TV every day. It will be interesting to see how the asylum hearing goes, since we all know that if the usual criteria (well-grounded fear of persecution) are applied, the petition will be rejected out of hand. I remember reading a book by Shirley MacClaine about a trip to the PRC, in which she rhapsodized about how successful the Chinese has been at creating a truly harmonious society. At the same time, the Cultural Revolution was going on, but she knew nothing of it. Similarly, Bernard Shaw took a trip to the Soviet Union, and extolled Stalin, just as the Ukrainian famine was going on. People see what they want to see, which is no surprise. You'll find plenty of similar examples cutting in the opposite direction. I don't see how that changes the principle that a child separated from his surviving parent should be returned to that parent as soon as possible, barring compelling evidence that the parent is incompetent. As X has pointed out, the child is not a US citizen or resident, and I believe (lawyers, please correct me if needed) that US courts do not have jurisdiction over his custody arrangements. If that is the case, all the court can legitimately rule on is the asylum petition, which, unless the rules are wildly bent, is a foregone conclusion.

To: Neocon who wrote (79340)	5/2/2000 7:40:00 PM
From: Rambi	Read Replies (2) \| Respond to of 108807

Boy, you must not be reading the Elian thread! :) Isn't it more that people are saying Elian should be returned to his father, and that the Miami relatives actually have no legal right to him, than they are measuring the truth of all the information about him? Hearing that he has toys or spent whatever time with Dad, all this doesn't seem relevant to me. IMO the later accusations are all just attempts to latch onto something that can be used to try to prove unfitness, and they never came up before. There has been no reason not to return custody, UNLESS you are of the belief that parental rights are superceded by the right of the courts to remove a child from an oppressive government in spite of his father's wishes. I have trouble with that. Other than that, it seems very much like a legal question, and the more I read, the more it sounds as if the law is on the side of Juan.