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Will they have to go back?
President Family Law Practitioner Association and Principle at DA Family Lawyers, Deborah Awyzio speaks with Greg Cary about latest developments for Girls resisting returning to Italy.
It has been reported that these girls had no legal representation in the Family Court hearings, hardly fair is it not. But a High Court Hearing possibly in August may offer them some justice. Seems to me JOC that the previous two court cases may of erred in their judgements or perhaps did not pay enough attention to the rights of these Australian kids.mick Wednesday 23 May, 2012 - 8:28 AM
Now that the children have been taken into custody lets see how they treat these kid's citizenship rights for they are Australian citizens, will they at least treat them the same as they do the crimminals claiming refugee status. Or will they uphold another country's findings ahead of our own legal obligations.mick Tuesday 22 May, 2012 - 11:37 AM
What a can of worms!! But while everyone argues the legal situation, very few seem worried about the children. While the kids were born in Italy their mother is an Australian. That makes the kids Aussies too. Surely that means they come under Australian legal jurisdiction too?
The girls have said publicly that they want to stay here. And while I don't believe their claims that their father abused them, I do think they have the right to choose which parent they want to stay with.
The pity of all this is the bad behaviour of the mother. She has denigrated the father and tried to turn her girls against him. So she is no angel either.
Let's hope sanity prevails and the girls' wishes are respected. Sometimes, the law truly is blind and as a result innocents get hurt. Think about the children!Mike Holt Monday 21 May, 2012 - 6:29 AM
Mick, erm:- have you looked at this case at all? You don't appear to have even a passing understanding of it. Good starting point, the internets.John of Caloundra Friday 18 May, 2012 - 3:39 PM
Steve I have not seen or heard anyone actually having a crack at the father to be determined as charactor assasination, with the exception of the early statements supposedly from the kids involved as reported in the paper. Real question is which court has given custody of the children to the father was it an Italian court if so on what basis, was it the Australian Family Court backing up the Italian court judgement or was it for other reasons given the children have Australian citizenship and a desire to stay in Australia and also they have Italian citizenship, which of the citizenships is the main one it is time Australia got rid of dual citizenship. Whilst the family court is based on useage and not on precendent, we have seen this situation before in getting kids from other countries and they stayed in Australia. The courts have a dilema in that should it be about a particular parent's rights or the rights of the children who are now in Australia with an Australian parent and are all australian citizens. It seems a contradiction where they will not send Crimminals claiming to be refugees back to where they come from but are willing to send Australian children back. Additionally when we look at Assnage another who's sovereign rights have been trampled by this government.mick Friday 18 May, 2012 - 2:30 PM
And just this morning the mother openely expressed her contempt for the judicial system.
It's starting to become a reality TV show.
Although we live in the age of the information superhighway, some people would still prefer to have their news dished to them with a little bit of sugar and spice from the same source everyday.Richard Friday 18 May, 2012 - 7:21 AM