I think what you're suggesting - as I read the above, allowing older children to decide where they should live - would be far more rigid than what's in place at the moment. At present, the court can always decide that a child should return to the abductor parent's custody and country, if it feels that's in the child's best interests (which could simply be because that's what the child wants, if he or she is of an age/maturity to decide that). What you're saying is that once a child reaches the age of 12 (let's say), their wishes take precedence over everything, including their own best interests.
It's difficult for me to see that this would be a better way of doing things than taking the entire circumstances of the child's case into consideration, which should include their wishes but not to the exclusion of all else. 12, 13, 14 year olds aren't adults. To place the huge responsibility of such an important decision on them - effectively asking them to decide what's in their own long-term best interests, and in such a way that it could easily seem as if they're being asked to 'take' sides between warring parents - isn't fair to the children themselves. Certainly their wishes should count a great deal, but I can't agree that the kids should be asked to make the final decision.
I would not suggest that the children should be burdened with resolving a custody dispute or asked to decide.
I think the courts should hear the parties and render a decision. In a case like this, however, I think they should withhold physical force as a means for enforcing that decision. I would not feel that way if the kids were being abused. I would not feel that way if the kids were 5 and 6 years old.
I don't share your faith in the good sense of authorities. Just the other day, here in Washington state, a case was resolved after a first-grader was expelled from school for
mentioning a toy gun he had at home, a "nerf" gun that shoots soft foam pellets and is considered a normal toy for small children. The parents had to work through a lengthy process to get to a point where the school accepted that it was an unreasonable expulsion and expunged it from his record.
This is happening all over the US. Here's one article:
http://www.gilmermirror.com/view/fu...rian-Enclaves?instance=lead_story_left_column
What this illustrates to me is that public authorities are most comfortable with hard and fast rules, not with discretion, and in their application of rules, they often lose sight of common sense.
I think the participants in this thread have lost sight of common sense. Many insist on presenting this as a case that is primarily about a criminal and her victims, such that the relationship between them is seen as criminal pathology, i.e., "Stockholm syndrome" or the warped bond that kept Jaycee Dugard from fleeing her captor. We have one person who insists that this case be evaluated against a hypothetical in which the kids want to remain with an abductor who started out as a complete stranger.
I think that is lunacy. Whatever label one slaps on this woman, this story is about a mother and her four children who dearly love her and want to remain with her, which is not criminal pathology but a completely normal feeling.
Again - my proposed solution is not to burden the kids with the choice, or to limit the ability of the court to render whatever decision is consistent with law and what they regard as sound judgment. I would limit their tools of enforcement, reflecting the known fact that institutional judgment is sometimes not sound.
But as has been said, they may not have gone willingly if she hadn't lied to them. Had their father told them he wouldn't see them again if they went to Australia (as the mother made clear to the children in the reverse situation) they might very well have been upset and asked to stay in Italy.
I think this points to another problem here too. We have no idea how the children reacted when they were first told they weren't returning to Italy. We have no idea if they cried themselves to sleep at night because they missed Dad, if they had tantrums and felt isolated and lonely because they were in a country where they didn't speak the language, and so found it difficult to make friends. We don't know because there are no YouTube videos of any of this. The two minute video we do have represents a tiny fraction even just of their lives in Australia, let alone all the years they spent in Italy. It seems foolish to let that (orchestrated) "frenzied moment" be the deciding factor in all of this.
We don't know a lot of things, which is why I think it's damned important to listen to the children who are experiencing all the things we know nothing about. The courts have physically forced them into a custodial arrangement that, for all we really know, they may have good reason to resist.