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Politics : About that Cuban boy, Elian -- Ignore unavailable to you. Want to Upgrade?


To: Jon Tara who wrote (5172)5/13/2000 4:54:00 PM
From: Eashoa' M'sheekha  Read Replies (1) | Respond to of 9127
 
>>>What about if he wanted to stay here,but NOT with the relatives?"

I'm sure that could be arranged. I am sure that there are a few thousand loving familes lined-up.<<<<<

So the case then sets the precedent that a child of " Any Age " can at any time run away from home and seek the protection of the courts to allow him/her to live where and how he/she wants?Scary Jon.

<<But his mother - his legally-appointed guardian - already chose.>>

There are some questions of whether the choice she was making was infact the best choice for the safety and best interest of the child at the time.The child nearly died from that fateful decision she( may god rest her soul )made.

It is widely held that she was following her boyfriend in an
efford to save their relationship.Taking Elain may have been sanctioned by Juan with the same optimism that they would actually succeed.He probably didn't want the boy separated from his mother.But she is not here on this earth anymore and cannot speak for the best interests of her son.
So by mere default,the next of kin...his father..receives that duty if he chooses...and he has choosen.

>>If the child has the ability to understand, it is my opinion that, in this case, the child should be allowed to choose.<<

But how do you determine if the boy actually understands? IF this be the case,any child who commits a crime would also be subject to scrutiny of whether or not he/she understood the crime and be subject to adult treatment if it were determined he/she could.Also,you cannot just say " in this case ",as precidents are set by such cases in the Courts and are often used for any further cases of the same nature or implication.

>>>Now, let him decide his own fate, if he is able.<<<

Again...who decides if he is able and on what criteria?And does that same criteria become entrenched in the Law Of The Land to deal with any cases regarding underage children?

It not as simple as think Jon.