joesixpack
Illuminator
- Joined
- Feb 26, 2005
- Messages
- 4,531
Don't stretch the analogy too far, I was simply pointing out that undoing an illegally achieved state of affairs is not to be construed as "punishment".That would make sense if it was furniture she took. Children aren't property.
If it had been found that the kids were better off with her until the custody case was heard would you still have them removed from her because she took them illegally initially?
This was certainly not the case. The mother had ample opportunity to argue this (and I showed above that the Hague convention would have allowed such) and she failed to convince anyone. This hypothetical scenario has already been played out. If she had been able to produce compelling evidence that the children would be in some danger if returned to Italy, then certainly I would not have advocated returning them. But that would be a different case and it currently only exists in our imagination.
The reality is that the father is certainly no worse a parent than the mother, the children are in no danger while in his care, parental alienation is a form of child abuse and it is a form of abuse recognized by the courts both in Australia and in the US (and possibly in Italy, though I really don't know), and the mother, acting illegally, has attempted to deny the father a fair hearing in court in the jurisdiction of the divorce/custody hearing.
You may ask all the hypothetical questions you like, but I am talking about this case and the hypotheticals are simply academic.