Hi Trusti,
These cases can go on for a long time because it is so complicated. The implementation of the HC is so black and white that it, essentially, ignores the welfare question.
I think Judges can tend to hide behind their legal responsibility, ignoring their moral responsibility. From my own experiences, it takes a lot of civil courage to stand up to a legal system in order to protect the welfare of your children.
Is your old/gillick enough to have a solicitor appointed on his behalf?
A child cannot be forced, physically, against its will - that goes against human rights. The system works by threatening the parent with imprisonment if they do not comply and'force' the child. However, courts can make orders that are unenforceable.
Hopefully, it won't get that far. However, if a court orders the return, then don't 'force' your child; let him decide. If he refuses to go, then he cannot be forced, physically, to be separated from you. Just be there for your son and give him the emotional support to stand up for what he wants.
One day, the HC will be forced to comply with the convention on the Rights of the Child.
In spite of your current conflict with the father, perhaps there will be an opportunity for some mediation here.
I hope everything works out...
Take care
Kim
Dear Stacey,
I hope and pray things are fine with you and Jessica. Was she forced to return physically? I really feel for you and would definitely sign for you in support of changes to this crazy world.
I am in a similar boat but am at a stage where the decision to return the child is still pending and I'm uncertain how the court will decide.
In my case the American immigration office kept denying all my petitions to stay in the US and on the other hand the US domestic court kept rejecting all my petitions to allow me to take my son with me out of the US, despite the fact that I had "sole" custody. The reason given: my son was an ""American"". I had raised our son since the age of 5 'Weeks' and the father had not kept ANY visitation periods that went beyond 2 nights in a row. I had brought in many evidences of what kind of a bad father he had been, how he had not paid child support for a whole year, etc. and still even after one long year, they did not allow me to leave the US with my child. So I had no choice but to flee to a non HC country with my son, where I stayed for 18 months prior to arriving at my current residence which is a member of the HC. We've been here for the last 20 months and despite the fact that the father has ever since officially known our address through the police, he never bothered to contact our son. That's a total of 38 months he didn't bother to do anything and yet suddenly he came up with the idea of wanting his son returned to the US and his HC case has even been accepted. All I can hope for is that they ask my 9 year old son (who does not want to go to live with a father he doesn't even know properly), and take his wishes into consideration.
As I mentioned earlier, I'm not sure how the HC decision is going to turn out, but all these courts, especially the arrogant American judges should really be taught what it means "in the best interests of the child..." which is letting the kids live and be with their primary care taker. That should also be the place of habitual residence in my opinion.
Once my case is finally over I wish to complain about all the suffering I was put through, I was made into a criminal for no reason. Does anyone know whom I should approach with my complaints on how courts don't really think of the best interests of the child? You may contact me
Thank you in advance,
Trusti.