Should U.S. Send Children Back Home When There is a Custody Dispute?

Lord Coke

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I am pretty disturbed by this story. This woman and child whom the media has propped up as some sort of martyr is in reality safe and together with her child. Guess who is not together with their child? The child's father. This woman ran off with their daughter and now is seeking asylum in America. Don't we have a moral duty as a society to ensure that children are not separated from their parents when there is a potential custody dispute? It seems shockingly cold on the part of this girl's mother and the U.S. government to not consider the father's rights in this matter.

http://www.dailymail.co.uk/news/art...sis-speaks-out.html?__twitter_impression=true




Denis said that his wife had previously mentioned her wish to go to the United States for a 'better future' but did not tell him nor any of their family members that she was planning to make the trek.

'I didn't support it. I asked her, why? Why would she want to put our little girl through that? But it was her decision at the end of the day.'

He said that Sandra had always wanted to experience 'the American dream' and hoped to find a good job in the States.

Denis, who works as a captain at a port on the coast of Puerto Cortes, explained that things back home were fine but not great, and that his wife was seeking political asylum.

He said that Sandra set out on the 1,800-mile journey with the baby girl on June 3, at 6am, and he has not heard from her since.

'I never got the chance to say goodbye to my daughter and now all I can do is wait', he said, adding that he hopes they are either granted political asylum or are sent back home.


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Clinton would have sent someone with a machine gun to take them by force and send them back
 
Sixth Circuit just had an en banc argument on something similar iirc
 
Any idea what the name was?
Taglieri v. Monasky. American mother, Italian father. Parents had a child in Italy with dual citizenship while already considering a divorce. She left for the United States 8 weeks after the birth. So not as similar as I remembered, but not a case that matters much to me.
 
Taglieri v. Monasky. American mother, Italian father. Parents had a child in Italy with dual citizenship while already considering a divorce. She left for the United States 8 weeks after the birth. So not as similar as I remembered, but not a case that matters much to me.

Thanks I don't really keep track of cases outside of my area so I was unaware of this one.
 
Thanks I don't really keep track of cases outside of my area so I was unaware of this one.
I usually don't either but I like to look at en banc cases sometimes, since they can be pretty interesting.
 
In the event that a child is detained alongside a parent, and the closest Next of Kin is back in the country of origin, it would seem to make sense that the child be returned to the country of origin to be with that Next of Kin unless it can be demonstrated clearly that the Next of Kin in question is somehow a danger to the child.
 
In the event that a child is detained alongside a parent, and the closest Next of Kin is back in the country of origin, it would seem to make sense that the child be returned to the country of origin to be with that Next of Kin unless it can be demonstrated clearly that the Next of Kin in question is somehow a danger to the child.

That goes to the heart of the matter. Who are we to decide that? If the person is coming from a place where the government has collapsed then fine. But if they are coming from a country with a government then who are we to undermine the decision as to fitness that a sovereign nation has made about its own citizen?
 
That goes to the heart of the matter. Who are we to decide that? If the person is coming from a place where the government has collapsed then fine. But if they are coming from a country with a government then who are we to undermine the decision as to fitness that a sovereign nation has made about its own citizen?
I meant that the country of origin, parent in custody, or an independent third party must prove that the father (hypothetically) is abusing the child in some significant way, making it unsafe to return to said father. That's the sort of stuff I'm referring to.
 
Custody disputes in other countries don't sound like our problem. Either send the illegal immigrants home or don't.
 
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