4 sisters returned to Italian father after their Australian Mum took them to Australia.....dragge d kicking and screaming onto the plane.

(810 Posts)
AmberLeaf Fri 05-Oct-12 00:59:59

Apparently the girls aged between 9-15 are dual citizens.

Link sorry its the DM.

Do they not take the childs view into account in Australia?

AmberLeaf Fri 05-Oct-12 01:00:38

They had been in Australia for the last two years.

amandine07 Fri 05-Oct-12 01:02:34

Yes I read that article earlier today- sounds utterly bonkers that they are being sent back despite wanting to stay in Australia with their mother!

AmberLeaf Fri 05-Oct-12 01:05:36

Im sure there is a back story to this and without knowing more its hard to say, she could have fled because he was abusive or she could be an extreme contact blocker?

But to do that when the girls clearly didn't want to go is awful.

For the father to do that knowing they want to stay with their Mum is very selfish.

Don't think it will be a happy reunion in Italy somehow.

needanswers Fri 05-Oct-12 01:06:52

you would need to know more really, why did she take them, I don't understand why their father wasn't there, why hasn't she gone to Italy, Id be on the first plane.

It looks horrendous and cruel, I can't get over dragging children to a different country like that, screaming, poor, poor children, they will hate him thats for sure and my guess is it wont be long until they are home.

piprabbit Fri 05-Oct-12 01:11:50

Imagine trying to create a new home for 4 girls who hate you and do not want to be there. I don't imagine they are going to settle in school or be ready to make new friends (they will be their own support network).

It will be horrific for all of them.

needanswers Fri 05-Oct-12 01:13:44

more here

and here

here

Longdistance Fri 05-Oct-12 01:24:45

Those photo's have really upset me :'o(
Those poor girls. They're old enough to be asked what they want to do.
It's bloody ridiculous IMHO. Australia has some funny rules, but I think it all comes under The Hague convention. It's been big news here Oz.
They're gonna rebel. Give the older ones a few years, and they'll go back to the mum. I bet they really hate their dad now. Nice one fella!

needanswers Fri 05-Oct-12 01:35:06

The mother too seems to be at fault, she should never have just disappeared with them either, nor should she have created such a scene in front of them.

I assume part of the issue is they haven't seen their dad for 2 years.

Contact blocking is in of itself legalised kidnapping as far as I am concerned, but this isnt the answer.

Poor girls, no child should be a pawn in a war between their parents.

AllThreeWays Fri 05-Oct-12 01:38:16

I assume they have been here for two years because it took that long to go through the courts. It is awful and distressing vision to watch, but they were kidnapped and kept in Australia by their mother. If one of your kids was taken to another country, would you not fight to get them back??

lisaro Fri 05-Oct-12 01:44:58

The mother acted illegally by keeping them in Australia after pretending to go on holiday. She could have made it far easier by taking them back or going back with them.

Morloth Fri 05-Oct-12 07:20:04

International law.

It couldn't be heard in the Australian courts because they didn't have jurisdiction.

Honestly? I think their mother had the power here to make this a lot less distressing for them.

A very loud and public power game between two parents who should both be putting what their children need before what they want.

AmberLeaf Fri 05-Oct-12 08:05:43

Yes I think both parents have behaved poorly and the girls are paying for it.

Just saw the footage on the news. Christ, it's horrific shock

AmberLeaf Fri 05-Oct-12 08:09:42

Again its hard to say without knowing more, but I know of a woman who did similar, acted as though she were taking a holiday with her children but returned to her home country permanently. In her case though she was escaping an abusive relationship, as far as I know this woman hasn't made any allegations of such things?

DontmindifIdo Fri 05-Oct-12 08:38:46

God, that father is going to be in for a horrible time, those girls aren't going to want a big happy family reunion when they get to Italy, I can't imagine how hideous the home life is going to be with 4 angry girls - 'winning' isn't always a good thing.

threesocksmorgan Fri 05-Oct-12 08:43:08

can't really judge as there is no back story to go by.
the mother might have poisoned the girls against the father.
he might be horrid.
who knows.
the mother does sound like she broke the law by taking them on holiday and not returning,
awful for all

CogitoErgoSometimes Fri 05-Oct-12 08:43:59

The mother has created this 'Judgement of Solomon' situation, has acted selfishly by taking them to Australia under false pretences, and is the one not putting the children's interests first. I heard a similar case recently about a Japanese woman that removed the children from a loving father in Scotland without any warning. As the extradition arrangements are different, that man hasn't seen or even heard from his children for many years. When it gets to the stage that the courts are involved, the parents have massively failed their kids.... not the authorities.

LtEveDallas Fri 05-Oct-12 08:57:37

God those photos are horrible. But I've got to say, whether the father is lovely or abusive - to me it doesn't matter. The children don't want to go.

Why wasn't the father there? Why put your children through such a thing with only strangers there?

All this is going to do is make the children hate the father and hate the system. Poor kids are going to be so screwed up.

Down the line what is the father going to do - They could easily become runaways now. One of my childhood friends ran away from home rather than have to see her abusive mother - as ordered by the courts. She was gone over 6 months and when she came back she was horribly changed. How is the father going to stop this?

The parents are both at fault, but I doubt very much the children will see it that way. All they know is that their mother tried to keep them, they were dragged from her arms, the 'system' didn't listen to them, and it's all their dads fault...

MovingGal Fri 05-Oct-12 08:57:57

It was reported on the TV here that the Mother said she could not go back to Italy because "she is hated there".

If this is true - and not twisted or taken out of context - I can't understand it.

If my kids were in another country where I could have access or shared living arrangements then a few haters would not stop me. I suspect that in all of Florence there might be someone who would not hate her.

I am sure that there must be more to this.

LineRunner Fri 05-Oct-12 08:58:10

The father apparently had lodged criminal charges against the mother in Italy.

And there will now need to be yet another custody hearing for the girls to endure in Italy.

The mother is concerned that in returning for this, she lays herself open to arrest by the authorities there, with a subsequent vilification that will harm her custody case.

It is in the father's 'gift' to drop the charges. He seems to be exerting a fair bit of control here over this woman and these girls.

Very distressing. Do these girls have no human rights - why were they physically forced by armed police into cars when they had done nothing wrong?

expatinscotland Fri 05-Oct-12 08:59:25

'Why wasn't the father there? Why put your children through such a thing with only strangers there?'

Perhaps for legal reasons.

We don't know.

needanswers Fri 05-Oct-12 09:30:11

If you read the links - the father has already promised there will be no charges laid against the mother - the Australian Judge insisted on that before he issued the order.

Poor kids - and I can imagine how they feel as it is splattered all over the Australian press that their mother isn't prepared to go to Italy.

Personally - I'd take the risk of criminal charges rather than live on a separate continent to my children - she does seem pretty determined to further traumatise them - if a man had done this - taken his children on holiday and then never brought them home - there would be very little sympathy for him.

All my sympathy is with the children

Morloth Fri 05-Oct-12 09:48:39

It really is a mess.

But you can't pick and choose when you are going to apply the law. As needanswers says, if it had been the father who did a runner from Australia to Italy it would have been just as bad.

Poor kids, they are going to be seriously fucked up by their parents acting like tantrumming toddlers fighting over a toy.

No-one has made any claims that they are in any sort of danger at either end, so their parents should fucking grow up and sort this out like adults.

SavoyCabbage Fri 05-Oct-12 09:52:42

You can't just take your kids and move to the other side of the world and expect the other parent to just lie down and take it. She was supposed to take them back over a year ago.

Imagine if your dh just took your children away from you and moved 12 thousand miles away.

LtEveDallas Fri 05-Oct-12 10:26:45

I accept everything people are saying - and agree with it, the parents are completely and totally in the wrong - both of them.

But. How on earth is dragging children who are hysterical, kicking and screaming, onto a plane going to help anyone ? Even if the Judge made them a ward of court in Aus - Even if they went into Foster care in Aus whilst the courts/police investigated - surely that would have been better than what has happened?

I just can't see how these children are going to ever forgive their father for this - whether he was in the right in the first place or not.

I really worry for their future sad

threesocksmorgan Fri 05-Oct-12 10:30:22

the father could be a victim in this you know.
he just might want his children back and have an ex who has used them against him.

BarbarianMum Fri 05-Oct-12 11:00:22

Can't quite see how the father is in the wrong actually.

If I was having a custody dispute with my husband and he took my kids to the other side of the world and refused to return them for 2 years, I would fight tooth and nail to get them back to the country of origin and at least get legal settlement.

The mother doesn't have to separate herself from her children, she's choosing to do so by not going back to Italy with them. Its Italy, not Iran - they do let woman have legal representation there.

Morloth Fri 05-Oct-12 11:05:36

They were in foster care in Australia. After the mother went on the run with them.

It is complicated. No one wants to see children so distressed, but you can't just ignore the law because it is hard to enforce.

You just can't.

LtEveDallas Fri 05-Oct-12 11:06:20

I think the father is in the wrong by not being there. Allowing his children to become that distressed being manhandled by strangers.

Mother was wrong to go in the first place - but we don't know why she went.

Father is wrong to push for the children to be returned when it is not what they want.

The children are the ones that are suffering the most.

niceguy2 Fri 05-Oct-12 11:13:33

How is the father wrong here?

He thought his kids were going on a holiday. They didn't return. I suspect if it was the dad who had taken his kids on this holiday and didn't return then there'd be a far greater outcry, especially on this website.

Both Italy & Australia are signatories to the Hague Convention which compels Australia to return the kids to Italy. And thankfully so too. Without the Hague convention we'd see far more parents disappearing with their kids to another country.

And if your OH/DH kidnapped your kids would you .."lay criminal charges?" Of course you would. Would you withdraw them? Probably not. By promising to do so, at first glance it does seem dad is the more reasonable one. I'm not sure I could be so gracious. It took all my self control not to kick my ex's door down when she refused to return my kids to me. Those who have never been refused contact of their own kids will never understand.

It would seem from the 2nd link that the main reason the girls are resisting going back is because they've been unfairly influenced by mum. Kids are kids at the end of the day and it's easy to manipulate them by feeding them a diet of how bad dad is, how much trouble mum will be in. How she can't live without them etc etc.

From where I'm standing mum is firmly to blame here. She should have fought this in Italy. She fucked off to Australia, prompting a big legal battle and then made the entire thing public in an effort to garner public sympathy.

I'm glad it didn't work. To allow her to have done this is the thin end of the wedge.

threesocksmorgan Fri 05-Oct-12 11:18:30

niceguy I rarely agree with you, but this time I do.

HiHowAreYou Fri 05-Oct-12 11:23:45

If an ex partner stole my children, and I didn't see them for two years, then they whipped them up into a frenzy of distress before they were returned to me, instead of being a good parent and trying to keep them as calm and happy about things as possible, for their sake, I would be very surprised to see the public opinion favouring the other parent's side to be honest.

LtEveDallas Fri 05-Oct-12 11:24:20

Guys, I absolutely don't disagree with you. I just cannot get over how distressed the children were - and I don't think they will get over it either.

Estranged from mum and dad - How is that what is best for the kids?

differentnameforthis Fri 05-Oct-12 11:49:40

The voice of reason, well done niceguy!

differentnameforthis Fri 05-Oct-12 12:28:09

the 'system' didn't listen to them

The system WILL listen to them, it is just that the children need to be in Italy to tell it to the judges who know the back story. Then the judges can decide. As it is, the mother has done NONE of them any favours by tricking their father this way. It isn't about who should have custody, it is about the mother ILLEGALLY keeping the children from their father for over 2 years.

They will now go into foster care until they can be spoken to & the judges decide what to do.

There is money from the father for the mother so she can follow them home. She is, so far, refusing to do so.

There is NO evidence that the father is abusive. There IS evidence that the mother has brainwashed the children against him.

differentnameforthis Fri 05-Oct-12 12:33:02

The father apparently had lodged criminal charges against the mother in Italy If this is because of the kidnap, he has dropped those charges so she can return with/for the girls.

And there will now need to be yet another custody hearing for the girls to endure in Italy It was never about custody. It was about the mother removing them illegally. Of course now, custody will have to be looked in due to the mother's actions.

The mother is concerned that in returning for this, she lays herself open to arrest by the authorities there, with a subsequent vilification that will harm her custody case She screwed up her chances the moment she refused to send them home as promised.

differentnameforthis Fri 05-Oct-12 12:35:13

Oh & line runner, all police are armed here. They were removed by police. Saying they were armed police makes it sound like they took guns in the expectation of using them.

EldritchCleavage Fri 05-Oct-12 12:42:26

Of course we don't know what the father is like or why the marriage failed. But the events in Australia are down to the mother.

One article linked to says:

"A judge found the girls had been “unfairly influenced” by their mother and her family in a very disturbing and very public campaign to keep them in Australia.

"He said: “It is important to remember the children’s objections are principally founded in a belief that their mother cannot return with them”.

"The girls’ Australian mother said she would be arrested if she returned to Italy, however the judge sought and received an understanding from their Italian father that he would withdraw any criminal complaints against her"

Which doesn't say much for the mother, in my book. And if she were so determined to fight for her children, it would surely have been better to do it in Italy in the first place, wouldn't it? If my children were sent to Italy, I'd go with them even if it meant I'd go to prison there. At least the kids could visit me. I would rather do that than let my children be dragged onto planes screaming by strangers.

A terrible drama has been created with the children as pawns at the centre of it. Very sad.

Pooka Fri 05-Oct-12 12:43:35

Agree with nice guy and differentname.

While I can see from the mothers perspective that it must have been very difficult to imagine staying in Italy after the relationship breakdown, I can also see that from the fathers perspective it is equally distressing that his children were taken away and not returned and the mother seems to have thwarted contact.

Te blame for the children's distress cannot be laid entirely at the father's feet. He he not in respect of the law done anything wrong. The mother abducted their children.

Bonsoir Fri 05-Oct-12 12:50:41

The breakdown of international marriages is a massive issue for child custody. The Hague Convention is hugely simplistic and takes no account of the reasons why a couple may have chosen to settle in the jurisdiction of the father as opposed to that of the mother. Many mothers find themselves living in countries they never agreed to live in in the first place, with no way of supporting themselves independently. If they wish to leave their husband and return to their home country in order to support themselves, the law categorically allows a husband to prevent a wife from taking her children with her.

domesticgodless Fri 05-Oct-12 12:52:32

I think that 2 years after the breakdown of the relationship the CHILDREN'S welfare should be the primary consideration. Not the mother's.... OR the father's.

The father may well have suffered in this and that is deeply regrettable, but I am sorry, this is not about him or his 'rights', it is about his children.

no one wants their children taken away from them. I personally had to give up my job so that my ex could have the 50:50 custody he insisted on. I would never try to alter this now as my children are settled in the arrangement. But then, my ex is not an abuser and they adore him. No one knows what has been going on here.

I am horrified by a. the lack of a welfare provision in the Hague convention b. the fact that so many posters on here think that institutional violence toward children is justified under the aegis of father's rights.

The situation here is clearly that the children's wishes are to stay where they are. And to be honest I think that any truly caring parent would have to work WITH that rather than against it. I am not claiming I know how exactly. But this is clearly not the way.

domesticgodless Fri 05-Oct-12 12:55:26

It's pretty clear tbh from most of the above posts that people increasingly see their children as THEIR possessions.

All the stuff above about 'I would do anything to see my children... I would kick doors in etc....'

Well of course we all desperately want to see our children but would you want them manhandled screaming onto a plane to be with you? REALLY?

I wouldn't and tbh in a dreadful situation like this I think I'd do anything I could to see them, fly to Australia, try to relocate there, etc, get contact in Aus courts. But I wouldn't have them subject to this. Never.

reddwarf Fri 05-Oct-12 12:57:26

I feel most sorry for the kids of course, then the father. I feel the mother has acted very wrongly many times, by taking them, by refusing to return them, by going on the run with them, by making such a scene when they had to go, by not going back to Italy with them. It seems to ba all about her - she doesn't seem to be putting them first at any point. And it would also appear she's turning the kids against their dad.

Don't know the background, but I'm assuming the girls were born and brought up in Australia. WIth inter-country marriages, I really think you have to accept that if the relationship ends, the kids should stay put.

saffronwblue Fri 05-Oct-12 12:58:08

It has been a dreadful case. The mother did a runner with them and broke the law. Australia is a signatory to the Hague convention, we can't just ignore it. The judge thought that the mother had dragged out the court case in order to then say that the girls were adjusted to Australia because they had been here for 2 years.
I think the mother could have tried to be a bit calmer, tell the girls it will all be Ok, hop on the next plane to Italy and work out how to co-parent there. I think her hysteria has been transmitted to the girls in full and that is going to make it so hard for them to settle.

domesticgodless Fri 05-Oct-12 13:00:12

'if the relationship ends the kids should stay put'

Even if you are their primary carer?

How many men could be primary carers for 4 kids or would want to be?

Why shouldn't they have to relocate if they want contact? (that seems unreasonable doesn't it? So why is it reasonable to expect a woman to stay somewhere where she probably had no 'life' at all except the relationship?) - which is often all fathers actually want if you look at the case law on the Hague convention- they want the mother to have to stay in a foreign country for most of the rest of her life, so they can see the kids every 2 weeks. It's not about the kids at all. It is about father's rights.

domesticgodless Fri 05-Oct-12 13:01:34

Riiiiight Saffron... so you don't think it woudl have been 'unsettling' at all for 4 girls of that age to lose their established home, school, friends, etc?
hmm

even if you do agree that this was the right decision which of course I do not, that is obvious wishful thinking.

tryingtoleave Fri 05-Oct-12 13:04:11

Having studied Australian family law about ten years ago I was really surprised by the outcome. All the similar cases we studied ended with the children being left with the kidnapping parent because it was 'in the best interests of the child'. The difference now must be that the Hague convention overrules that.

domesticgodless Fri 05-Oct-12 13:04:21

I expect that in 1 years time the 15 year old will be straight back on the plane to Aus as he won't be able to stop her then. No doubt having to leave her siblings behind.

The Hague Convention is supposed to take account of the wishes and feelings of children and the presumption that a child can make her own decisions is supposed to increase with age. In a previous case only younger children were despatched abroad to the father (and it's usually the father in these cases.... most 'abductors' are women returning to families and jobs abroad). That was clearly awful too. But quite possibly in a short time the effect on this family will be the same.

Bonsoir Fri 05-Oct-12 13:04:26

The argument that the Hague Convention uses to justify the one-year rule is that children shouldn't be uprooted. This is a thin and tenuous argument in this day and age. Many children of international marriages will be well travelled and well acquainted with several countries, and move in international circles. The trauma of losing their mother would be a lot greater than the trauma of changing school/country.

domesticgodless Fri 05-Oct-12 13:07:37

trying, it doesn't actually. The presumption is that children should be returned to the country of original residence, however there is a checklist of factors to take into account including the length of time the children have been in the country, their wishes and feelings etc.

The global father's rights movement and heavily publicised cases such as that of the teenage girl who left Stornaway to live with her Muslim father (not an outcome the tabloids and DM liked, that one) have begun to change all that.

I think that the saddest thing about the father's rights movements is, indeed, that it is all about rights and not the children's welfare at all. The misery inflicted on children in the name of father's rights is increasing and in the end a lot of these fathers just end up alienating their children more, particularly if they are of the age these girls are, in the name of 'enjoying their rights' over them.

Bonsoir Fri 05-Oct-12 13:10:10

Yes, and there is something distressingly patriarchal about the situation where a mother living in the father's country needs to leave that country in order to support herself but is not allowed to take her children with her.

LittleBairn Fri 05-Oct-12 13:11:21

I was really horrified seeing those videos last night, for one thing the way the children were handled by the Austrailian authorities was a disgrace dragging the children holding onto their arms and hurting them.
These are children who have committed no crime, why on earth should they be treated like this? The older two in particular should have had a say in what happens to them.
It did make me wonder of Austrialian police ( I know they weren't police) and such like often brutalise children?

I did a bit of reading on Austrailian articals and one stated that the Austrailian embassy in Italy helped them return to Austrialia because of fears over the father being abusive hence why the family probably didn't think they were in the legal wrong and the huge convention could be used against them.

tryingtoleave Fri 05-Oct-12 13:12:16

Yes, you are right about the fathers movement, domesticgodess. In the intervening period there has been a move to a presumption of shared care here, even for very young children.

LittleBairn Fri 05-Oct-12 13:17:22

Sorry Hauge convention.

domesticgodless Fri 05-Oct-12 13:18:59

Yeah trying I teach family law here in UK and have been reading all about that. I have heard that the situation has become a bit of a nightmare with fathers pursuing their 'rights' to 50:50 regardless of whether children are breastfeeding, where they go to school, etc. and the courts have also been swamped with disputes over it all.

Yes LittleBairn all too frequently women escaping abuse and returning to what is the safest place to them (their original home country) are ordered back. Even when abuse has been proven. Even in one case where the father has a record of convictions for violence.

I really, really feel that fathers' rights have gone out of control. I genuinely sympathise with fathers who want more contact, I'd like more time with my own children myself, rather than having them sit with a nanny 4 nights a week so my ex can feel that the residence arrangement is 'fair'. My poor eldest said to me 'it's weird that we live with dad half the week when we never see him, we only spend time with the nanny'. My own experience is not universal of course but is part of the reason I'm very very suspicious of fathers who use the law to get access against the wishes of their ex. And the more case law you read the more you stop getting the impression of most mothers as 'contact blockers' depriving righteous men of their 'rights'. It's usually a great deal more complex than that.

What we need in the Hague convention is a genuine welfare principle as thankfully we still have here in s1(1) Children Act. Parents should not exercise 'rights' which trample all over the welfare of their kids.

tryingtoleave Fri 05-Oct-12 13:28:49

Ds's best friend at preschool used to spend half the week with his mother and half with his father (where he was mostly cared for by his gps, I think). There are some advantages - it keeps the father involved, gives the mother a break. And also gender roles are changing. If 80% of mothers are back at work when the children are 1 and domestic/caring duties are shared, then shared care makes sense.

Otoh, I think children need a proper home and it is awful for very young children. It would certainly make me think twice, or several times, before getting divorced.

domesticgodless Fri 05-Oct-12 13:36:28

yeah trying. My ex skips out of having to be too involved because he has childcare from 8-7 30 pm or later. I don't think that should be legal, but heck I'm sure the fathers' rights brigade will be along to correct me soon!!!

My kids are used to it now and like spending time in their house (he got the house when we divorced, mine is smaller etc). But they are complaining a lot about being stuck with the nanny every night there. I think when they are older they may vote with their feet and come to see the parent who's actually there. But who knows- my eldest adores his dad and doesn't want to upset him. And I think he knows that primarily this arrangement is about pleasing his dad, not him. Who knows if that will last into his teens though :D

I was also at work but lost my job as I wasn't allowed week custody. The only other job I could get was a 90 min commute away- so in the end I need childcare too for 3 days per week but that's still less than he does! I offered ex every weekend but no go. Only 50/50 was 'fair'-- even though he isn't there for most of it.

NicknameTaken Fri 05-Oct-12 13:38:26

I think it would be terrible precedent to grant success to the strategy of abducting a child, taking them to a distant country and poisoning them against the other parent (assuming that's what happened; obviously I don't know all the facts).

It seems like the mother is totally whipping up her daughters' distress. I'm not impressed by her conduct at all.

As someone with a non-national ex, I am deeply grateful for the Hague Convention. It could have worked against me if we settled in his country (instead of the UK, which is not the original home of either of us). But overall, I think the presumption of children continuing to reside in their country of ordinary residence is a good one.

LtEveDallas Fri 05-Oct-12 13:39:27

To a 14 year old, a 9 year old who didn't want to leave mum - what do they care? They just know that the system, the police, their father has forced them to do something they didn't want to do.

They don't care who is in the right. They don't care about anything but the fact that they want to be with their mum and their father has destroyed that - whether that is true or not, that is how they will see it. How can they be expected to have a relationship with their father with that hanging over their heads?

There is money from the father for the mother so she can follow them home. She is, so far, refusing to do so Where does it say that?

The great aunt said the girls' father had turned his village against the mother

Sounds pretty horrible and very likely to me. We don't know where in Italy the father is from. Having spent some time travelling there I can see how this would happen - some of the villages are extremely insular, and horribly backwards to western standards (think women being possessions of men, grandmothers/mothers running the families and DILs being expected to wait on their MILs hand and foot). Remember abuse doesn't have to mean physical beatings etc and the law courts are full of older, more 'traditional' men. If it is one of those type of villages that the girls are going to they are going to be treated as second class citizens from the word go.

LineRunner Fri 05-Oct-12 13:40:08

So does the Human Rights Act (the girls' human rights) not trump the Hague Convention?

I appreciate what you say about the Australian police routinely being armed, differentname, but there must surely be provision for police officers not to carry guns when, for example, interviewing child victims or dealing with distresssed children. Well, I'd hope so.

LittleBairn Fri 05-Oct-12 13:40:20

trying I can see the rights of the father in cases where care has been 50/50 but often in cases where a mother is living in her husbands native country she is often at home full time with the child and does all child care. The parents role in their children's lives under those circumstance aren't equal and shouldn't IMO be treated equally.

Bonsoir Fri 05-Oct-12 13:44:01

It's so hard for the law to take account of the intricacies of every family. My DP was in the opposite situation - the DSSs were at home with the nanny (paid by him) when at their mother's home. Their mother was desperate for them to be resident "with her" in order to obtain more money on divorce.

domesticgodless Fri 05-Oct-12 13:44:07

yes agree Little.

If fathers are primary carers I think that they should be treated as such too. The fact is they usually aren't. And true 50/50 shared care of children before a split is unusual too. Fathers do not take leave to the extent mothers do and they tend to prioritise work; this is often no 'fault' of theirs but happens for economic reasons. However, for the legal system to fail to recognise this leads to brutal consequences like this.

I also fear even more for these girls now having read more of the details, and understand more clearly why the mother fled. Villages in Italy are rarely openminded places.

I found the footage very disturbingsad
2 young girls dragged away from their mother like that, they clearly didn't want to leave.
Infact they sounded almost scaremd at the prospect of being with their father.
The way they were manhandled like wild animals was absolutely horrific.
I believe they are at an age when they can choose which parent, and how often or how little they want to be with each one!
Dual nationality, surely they should be entitled to stay where they are

domesticgodless Fri 05-Oct-12 13:46:19

urgh Bonsoir that's grim too on her part. But did he have another solution? Eg was he not using childcare? That would be very unusual for a working man.

In my situation I'm now trapped as have to work a long way from London and he can use that against me. However I'm around a lot of evenings when the kids are stuck with his nanny and I suspect they'll vote with feet later on, the eldest is already saying he'd like to. With no prompting from me and I won't encourage it as that would lead to accusations from ex of 'poisoning' him. If anything I think ex will emotionally blackmail them into waiting at home for him.

Bonsoir Fri 05-Oct-12 13:49:39

We don't need childcare in our family as I am at home for DD.

Anyway, her construction all fell apart (under French law)!

domesticgodless Fri 05-Oct-12 13:52:27

ah ok Bonsoir. She probably couldn't take the idea, too, of 'her' kids being with you!

If my ex had a nice partner who the kids liked I'd be delighted for them to be with her. Really! Even a nice nanny would do. But the kids can't stand her, complain constantly about her, he won't get a new one, and she's putting them to bed at least 2 nights a week. To me that's just not on.

oohlaalaa Fri 05-Oct-12 13:53:26

Whilst the pictures are upsetting, she should never have taken the girls to Australia without the father's consent.

The mother could move to Italy with the girls.

tryingtoleave Fri 05-Oct-12 13:53:26

What human right do you mean, line runner? Not that I'm defending this, just I'm not sure what right children have to choose where they livd. And an international convention doesn't become part of Australian law just because it has been signed, either.

NicknameTaken Fri 05-Oct-12 13:53:58

So does the Human Rights Act (the girls' human rights) not trump the Hague Convention?

The Human Rights Act is UK legislation, so has nothing to do with an Italian/Australian case.

In the UK, people have tried to challenge deportations using the Human Rights Act, as the right to privacy includes the right to family life. The answer is often - "Nothing is stopping you having a family life, we're just saying you can't have it here. You're free to go and have your family life in the other country".

NicknameTaken Fri 05-Oct-12 13:54:49

Sorry, should say that my last para is nothing to do with the Hague Convention or child residence cases. I'm thinking failed asylum applications and that kind of thing.

tryingtoleave Fri 05-Oct-12 13:56:28

Oh, that makes sense. I presumed linerunner was talking about international human rights.

LtEveDallas Fri 05-Oct-12 13:58:35

The mother could move to Italy with the girls

The mother has no money. She is a student. I doubt she could afford the flight, let alone be able to rent/buy a place to live.

And if the village is in the sticks (as it sounds - but I dont know) then she won't get a job either.

The more I read about this, the more I think about this, the more horrible it seems. Those poor girls sad

domesticgodless Fri 05-Oct-12 13:59:07

There is the UN Convention on the Rights of the Child etc. Child welfare is a matter for national law and it is a significant problem that the Hague Convention does not have it as an overriding principle.

Interesting point about Article 8 rights to private and family life. Per se, children have these but it is relatively easy to trump them stating that there is a clash (with the fathers' rights here).

I remain amazed at those who expect the mother simply to return to an Italian village, presumably to live right next to an ex spouse who loathes her, and get work doing...what???

At any rate, this is not about her rights or the father's either in the end. The children's welfare is clearly not served by dragging them off to a country they don't want to live in. Full stop. Regardless of father being deprived of 'rights'.

SaraBellumHertz Fri 05-Oct-12 13:59:29

I feel terribly sorry for the girls, and on the face of it the father.

The mother acted appallingly in taking the children and from the look of those clips continues to do so.

Screaming and sobbing then collapsing in the street is not helping those children. If I was in that position I would be hugging my DC, escorting them to the plane, reassuring them and comforting them even if I was dying inside.

expatinscotland Fri 05-Oct-12 14:00:25

I somehow feel that if the shoe had been on the opposite foot in this case, with the father abducting the children, most of the responses here would be different.

She broke the law and knew it.

He lodged complaint asap.

She hung onto the kids instead of coming to an agreement with him.

domesticgodless Fri 05-Oct-12 14:00:50

sorry should be clearer- child welfare SHOULD be a matter for international law but it is significantly neglected. National jurisdictions take far more account of it.

domesticgodless Fri 05-Oct-12 14:02:43

No, expat, I would feel the same. If the children were being dragged away screaming from a father, I would still say that the mother should not bring the case and should allow them to stay where they are, and change HER OWN life if necessary- anything rather than subject them to this violence.

Because very few fathers are primary carers, there are actually far fewer cases of paternal abduction.

Bonsoir Fri 05-Oct-12 14:05:03

Funnily enough, she has never shown the slightest distress at her children being cared for by me - I would say that she always enthusiastically embraced the idea of yet another adult on tap to whom childcare could be outsourced!

domesticgodless Fri 05-Oct-12 14:06:36

Placing law, any law, above the welfare of children is just wrong and never, ever turns out well. Have a look at the British case of TE v SH where a 12 year old boy was forcibly handed over to a father he had never lived with in his life because the judge ruled that his mother had 'alienated' him.

That may have been the case, although it was far from clear from the judgement. Even if it were the case, inflicting psychological and physical violence on a child and ripping him away from his established life was truly the worst possible outcome. Even enforced contact would have been better than that.

As it is they're likely to end up being cared for by a grandmother or aunts who loathe their mother, they will not fit in, they will miss their primary carer horribly. Why on earth would a truly loving parent want to do that to them? I think that he is treating them as possessions, tbh.

TheEnthusiasticTroll Fri 05-Oct-12 14:07:38

that has really upset me watching this, but I cant help but think the mother has created this situation and has been very selfish for allowing this to occur.

it obviously did not need to get to that point had she returned in the first place.

The law is the law and must be enforced, sadly for the little girls in the middle of all this.

But I just cant help it in thinking she has deliberatly exposed he children to this. Does the mother have duel nationality? I didnt grasp that part, is she permitted to live in the fathers country with her children? or would it be a case that she isnt granted permission to live in the same country as the girls, as that could be the only explination I cvould come up for this to occure. I couldnt read the links.

lisaro Fri 05-Oct-12 14:10:34

I find it suspicious that it was all done so publicly. If I'd been selfish enough to let my children be treated like that the last thing I'd want is for it to be filmed and distributed. There would have been many ways they could have been extradited privately. This whole thing has been an exercise in using children as pawns. Shocking!

domesticgodless Fri 05-Oct-12 14:11:49

hmm Bonsoir she sounds a right case!!! At least my ex for sure is not motivated by money as since he effed up by effectively forcing me to leave my original job- after agreeing initially that I would move out of London with the boys, then saying this was no longer possible as 'unfair', he ended up agreeing out of court to compensate me for the massive extra rental costs etc. which I now incur. Otherwise he knew I could not afford to live in London in a place big enough to accommodate the boys. And he knew that if I had to leave, I would apply to court to take the boys with me and he did not want to risk that.

And, he knew he couldn't handle being the primary carer either (he wants his time off for going out to pubs etc smile) So he ended up a bit stitched up, he moans all the time about 'how much I cost him' but won't consider a more affordable solution such as moving to a cheaper area where we could both afford to buy a house. (I have no chance of buying on my salary, and after 4 years I still do not have my share of the relatively low equity in the family home, so have a quite massive rent bill plus have to stay in b and bs when have early start at work). It's a silly situation all round, tbh.

domesticgodless Fri 05-Oct-12 14:12:39

The law in this case has flexibility, Enthusiastic. It did not need to be exercised so brutally.

Bonsoir Fri 05-Oct-12 14:15:08

It sounds awful sad and such a waste of money.

Our situation was much more straightforward - exW wanted minimum childcare and maximum cash while still being able to garner sympathy from her entourage for being a single working mother of two DCs. It didn't quite work out that way!

domesticgodless Fri 05-Oct-12 14:19:34

Yes bonsoir, it's more a waste of HIS money than anything else. His behaviour has been really bizarre in a lot of ways. I think tbh the divorce sent him a bit crazy, I don't blame him for that as it did same to me smile

He will not sign divorce papers. Will not settle financially so I could try to sort myself out with a house. I think this is because he KNOWS there is not enough equity for me to buy a house in London, he knows that it is not viable to keep me in rented accommodation which costs 3/4 of my salary, and he is simply terrified of having to change anything in his life.

I will get more equity in the end I guess as he is paying the mortgage, plus he is paying more per month now than he would have to in that case.... just so he can stick his head in the sand.

he is in total denial... I just sent yet another round of solicitor's letters asking for new financial information as a year has lapsed since I got the last lot. I get emails and calls every day burbling on about some aspect of the boys life eg property, uniform, etc. The big questions remain totally unanswered and I have resigned myself to a future of incredibly expensive court battles. Luckily I have a solicitor who is prepared to wait for her fees until we settle.

TheEnthusiasticTroll Fri 05-Oct-12 14:20:48

as i said I have not read all the articles its to upsetting. But what if they had exhausted all flexability? From the footage it looks like the mum could have maintained a calmer situation had she been complient through out the whole 2 years. It is brutal no question about that, but I think ultimatly if mum has been noncomplient then a decission would have had to be made to enforse the law.

domesticgodless Fri 05-Oct-12 14:21:20

Does your dp now have 50/50, bonsoir?

I really do wish my ex would get a nice partner. He was once a good bloke before the divorce but there has been no whisper of a date ever since. I would love to feel that the boys were being cared for by someone nice.

Bonsoir Fri 05-Oct-12 14:23:46

DP has in fact always had 50:50. ExW tried to dress it up as permanent residence at her home with visitation to DP, but when it came to negotiating the divorce settlement and the children's residence, the window dressing quickly fell apart and neither DP's nor exW's lawyers said that a judge would think that there was anything but a de facto 50:50.

Woozley Fri 05-Oct-12 14:24:32

"The four girls aged 9 and 15". Do they mean aged between 9 and 15? FFS, just ask them where THEY want to live, end of.

SkippyYourFriendEverTrue Fri 05-Oct-12 14:25:15

Disgusting, criminal, manipulative behaviour by the mother.

Here is some case law from the UK.

"R. v Brennan [2007] 2 Cr.App.R.(S.) 50
Appellant convicted of abducting a son. He took steps to prevent contact between the child and his mother and eventually took the child to Canada. The judge described the appellant's behaviour as involving considerable dishonesty, planning and manipulations of the Canadian authorities and his new family in Canada. Eventually, the son was returned to this country. The appellant was deported from Canada and arrested on his return to the United Kingdom. Sentence of four years imprisonment."

Or R. v Kayani

Kayani took his children from the UK to Pakistan, after his marriage to a British woman broke down. The were removed in 2000 aged 5 and 4. They returned to the UK aged 17 and 16, refusing to meet their mother. He was sentenced to five years, the Court of Appeal saying

"The abduction of children from a loving parent is an offence of unspeakable cruelty to the loving parent and to the child or children, whatever they may later think of the parent from whom they have been estranged as a result of the abduction. It is a cruel offence even if the criminal responsible for it is the other parent.

These offences wholly achieved their intended purpose. The mothers have suffered extreme emotional hardship, and although the children themselves are unaware of it, they have been deprived of one of the foundations for a fulfilling life. The periods of abduction were prolonged, many years in duration, and the relationship with the mothers was irremediably damaged. In the case of the mothers, the hardship will be life long."

The mother here is a manipulative child abducter and should be facing a prison sentence.

Woozley Fri 05-Oct-12 14:26:39

Screaming and sobbing then collapsing in the street is not helping those children.

I'd join her in screaming, sobbing and collapsing in the street I think.

Bonsoir Fri 05-Oct-12 14:26:51

You are right, too, about hoping your exH finds someone nice to be a good stepmother to your DCs - it would make all your lives much easier and probably make your exH much more amenable to a reasonable settlement for you all!

SkippyYourFriendEverTrue Fri 05-Oct-12 14:30:28

"I'd join her in screaming, sobbing and collapsing in the street I think."

Perhaps she should have though of that before abducting her children.

Lots of people sob and scream. They are not sad for what they have done, they are sad for being caught.

LittleBairn Fri 05-Oct-12 14:36:24

skippy have you read much about the case? When she removed the kids from Italy she did so with the Austrilaian embassy's help, the embassy even moved their flight to the day before because they were worried the father might turn up.
I read another artical the the decision was partly based on both parents being suicidal ( plus the father being accused of being abusive) surrounding the death of their child said to be their third oldest. The implication being it was best for the mother to be home in Austrailia with her family and that the children should be with her.
While the father may have believed they were going on Holiday, the Austrilian embassy and family knew it was permant.

Only a few days before one of the older girls tried to escape from where they were being held. When they had been previously taking into Care ( worried they would go on the run again) the authorities were so worried about the children's mental health they allowed their mother to have contact and family members live with them.

Forcing the children to return to Italy may be in the fathers best interest but it sure doesn't look like it is the children's best interest, their rights should be heard first before their parents.
The children want to be with their mother.
I'm sure the older girls being aged 13 and 12 will have very clear memories of living with their father yet they were so hysterical they had to be removed from the flight and fly the next day.

LittleBairn Fri 05-Oct-12 14:39:26

Should have been clearer the older girls were 13 and 12 when they last saw their father they are now 15 and 14 years old.

SkippyYourFriendEverTrue Fri 05-Oct-12 14:45:40

I haven't read much about it LittleBairn.

While I could understand children being helped to leave, say Pakistan, it doesn't appear on the face of it appropriate for an embassy to aid child abduction from a country such as Italy.

It doesn't follow from their actions that it was right to do this, the embassy is not a court.

It says:

"The court ruled on Wednesday that the children had to be returned under The Hague Convention and that they loved their father and that there was no evidence he had been abusive.

The girls will not have to live with their father but will need to be in Italy where the custody battle will now be heard."

That seems reasonable to me.

Unless someone has evidence that Italy is akin to Pakistan in terms of its treatment of this situations, this is correct, and the mother should count herself very lucky that she isn't facing prison time.

domesticgodless Fri 05-Oct-12 14:52:58

yes absolutely LIttle. No one seems to have picked up enough on the age of the older kids. They know him; they were with him a couple of years ago; so WHY exactly are they screaming at the thought of being 'reunited' with him?

Some people on here will shout 'parental alienation' but that is not likely given their ages. Possibly they've witnessed and perhaps received abuse from him.

And if he is such a wonderful caring father why on earth did the Aus embassy assist the mother in her concealed flight out of the country in the first place???

LittleBairn Fri 05-Oct-12 14:55:51

skippy In most cases I'm glad of the Hauge convention but I can see how the mother may have been under the impression that she wasn't in a parental abduction situation.

Lack of evidence doesn't disprove abuse just that their wasn't any proof.

The main culprits for this situation IMO is the embassy it should never have helped remove the children in the first place.
Whilst Italy isn't Pakistan I do believe Italian society on the whole is very patriarchal.

The mother was incredibly selfish. I can see it must be really hard to stay in a foreign country when the relationship breaks down but if you choose to have children in a different country that's just how it works.

Funny how no one has mentioned how the children were taken away from everything they know, their friends and their school when the mother originally took then [hmmm]

Those poor children :-(

ScatterChasse Fri 05-Oct-12 14:57:41

I think the girls do need to go back to Italy for the custody arrangements but I think the way it has happened was awful.

Surely the children would have been better to have known when they were going, exactly what/how long they were going for and have somebody supporting them to travel with (their mother in the best case, but at least someone they know well and knew would be accompanying them) and just what was going to happen in general. I think how it's been done was far more distressing than it needed to be and it will really affect the way they behave when they arrive in Italy.

I can't see how anybody will get a good outcome from this unfortunately sad

domesticgodless Fri 05-Oct-12 14:58:20

good lord skippy if you were one of my family law undergrads you'd get a fail!!

Not for agreeing with the decision, but for citing case law which has entirely different facts and making a blanket judgement about this case, then admitting you 'haven't actually read much about it'...(some of my student do do this sort of thing in essay questions. They do not pass them)

And they say a degree isn't worth anything anymore eh? Well it would certainly improve the legal reasoning of some people on here.

SkippyYourFriendEverTrue Fri 05-Oct-12 15:00:55

er, I am not a family law undergraduate, I am someone spouting off an a message board.

Bit of a difference in terms of expectations, don't you think?

Hullygully Fri 05-Oct-12 15:01:22

When did the wishes of the children stop being taken into account?

One of them is 15. Ridiculous.

SkippyYourFriendEverTrue Fri 05-Oct-12 15:02:46

That would be at the point when the mother abducted the children from another country instead of going for a custody hearing where the views would have been taken into account.

As it appears they now will be, when the custody hearing is held in Italy.

Redsilk Fri 05-Oct-12 15:05:21

As a divorced parent of four children with an abusive ex-dh, I find the whole situation very distressing, especially the mum's selfish behavior. I cannot fathom how a mother could recklessly stir up her dc's into such an emotional frenzy, making them feel they were being sent off to Auschwitz never to see her again. It as an abuse of a mother's responsibility. She should have calmed them and told them that she would always be there for them, and told them she would be traveling to Italy to be with them.
Her threat of "I won't go because I'll be arrested" is...pardon me for saying...total B.S. Italy doesn't arrest mothers; the father said he wouldn't pursue charges; and even if she faced this threat, what real parent would not risk arrest for the sake of their children! To tell her daughters, "my fear of being arrested is greater than my love for you" - of course the daughters were traumatised.
From what I can tell from Italian press and Google Translate , the mother has "affido congiunto" (joint custody) in Italy. www.lanazione.it/firenze/cronaca/2012/10/04/781929-figli-contesi-tornano-in-italia-le-quattro-sorelle-rapite-in-australia.shtml
I started out reading about this case being sympathetic to the mother. I now believe she is a self-centered, trashy parent.
And I also bet that she returns to Italy and this whole "arrest" business turns out to be a disgusting bluff to make her daughters panic.

Hullygully Fri 05-Oct-12 15:06:58

Mothers behave badly

Fathers behave badly

Ask the children what they want and let them decide.

needanswers Fri 05-Oct-12 15:07:07

Some of the comments on this threa are massively racist.

Hullygully Fri 05-Oct-12 15:08:10

I haven't rtft

In fact I think I won't.

There is a lot of gleeful mother-hating

A lot more men abduct children than women.

Thistledew Fri 05-Oct-12 15:08:35

As an aside, for those people who are moved by the plight of loving parents being separated from their children, be aware that our government is moving towards abolishing the Human Rights Act, and so doing away with the protection of article 8, which protects our right to a family life. This will make it much easier for them to remove people who are parents from the UK, even when doing so will split a family and cause children to lose the care of a loving parent, and potentially mean the parent never seeing the child again.

Please bear this in mind if you hear the government talking about doing away with this important piece of legislation.

I know the other side my friends children were taken on holiday , she never got them back hauge convention not apply

Eventually got her daughter back age 18 but by then was to late for her son he was very much his fathers child

So I can see viewpoint of why the judge returned them

AmberLeaf Fri 05-Oct-12 15:14:55

^When she removed the kids from Italy she did so with the Austrilaian embassy's help, the embassy even moved their flight to the day before because they were worried the father might turn up.
I read another artical the the decision was partly based on both parents being suicidal ( plus the father being accused of being abusive) surrounding the death of their child said to be their third oldest. The implication being it was best for the mother to be home in Austrailia with her family and that the children should be with her.
While the father may have believed they were going on Holiday, the Austrilian embassy and family knew it was permant^

That would make her actions more understandable.

I agree with LT Eve that regardless of the rights or wrongs of the parents it is the children that matter here and they clearly dont want to return to Italy.

I think its very telling that the older girls are so against returning to their father.

AmberLeaf Fri 05-Oct-12 15:16:57

,,,and yes why would the father not be there to take his daughters back to Italy if it is indeed them he cares about...as opposed to 'beating' their Mum?

LtEveDallas Fri 05-Oct-12 15:17:45

Her threat of "I won't go because I'll be arrested" is...pardon me for saying...total B.S. Italy doesn't arrest mothers; the father said he wouldn't pursue charges; and even if she faced this threat, what real parent would not risk arrest for the sake of their children! To tell her daughters, "my fear of being arrested is greater than my love for you" - of course the daughters were traumatised

Actually some Italian villages have their own police service that can and do 'arrest mothers' . I was arrested in Italy for their version of indecent exposure. I was wearing a long skirt and vest top. My 'punishment' was to pay a (rather large) fine and to leave the area. If I didn't I wouldn't get may passport back.

I was 18 and travelling before settling down. Hopefully times have changed since 1990 (I have never been back) but what if they haven't?

I hope that the courts deciding the outcome of the custody case are International.

SkippyYourFriendEverTrue Fri 05-Oct-12 15:18:50

From an italian source via google translate:

corrierefiorentino.corriere.it/firenze/notizie/cronaca/2012/4-ottobre-2012/figlie-rapite-australia-giudice-subito-italia-2112100225345.shtml

"Laura and Thomas they met fifteen years ago while vacationing with her ​​in Italy. They got married and gave birth to four daughters, born and raised in Italy. But in June 2010, the woman, after a period of crisis in their marriage, brought the girls to Australia claiming to want to do a one month holiday with small, but not reported ever in Italy, preventing her husband also only see the children. The Hague Convention, which Italy and Australia have signed treats these actions to the abduction of minors and, for this reason, the host country would have a duty to immediately refer the child to the original one."

"But in recent years the Garrett not has never given: first he tried to paint her husband as a violent, then once been wrong by the courts, has reached the point of hiding the children to the authorities. Have been many complaints that every time made ​​it possible to freeze the execution of sentences she always unfavorable. Thomas Vincenti had the opportunity to embrace the children only five months ago. "We understand that this time, the judges' decision should be final, we are waiting for the hour the news of girls boarding on a plane," explained the family Vincenti. "I am overwhelmed by emotion - Thomas says - justice, after a long ordeal more than two years has prevailed. This is a beautiful moment for me, for my family and for girls. But until I have some news that will be on a plane will not be able to stay completely calm. " "

"Thomas Winning, at this time is in Italy: he had indeed traveled to Brisbane last week to attend hearings of the Family Court, but was right back at home because he did not expect a decision so quickly. Moreover, after two years of fighting, only a month ago, he said not to expect anything from the Australian justice and that he felt mocked by the judges, who while giving him reason, made ​​sure to delay the enforcement of judgments, agreeing to evaluate the constant appeals ex-wife, although they were issues that adhered only to the Italian justice system. In fact, Laura Garrett, who according to the chronicles Australian would burst into tears at the verdict, once in Italy, if he wants, can assert his case on custody of the children before the Juvenile Court of Florence. Thomas Vincenti had said many times: "If I can bring them back home, he did not stop you never see their mother."

domesticgodless Fri 05-Oct-12 15:19:41

the mother may well be a nasty piece of work. We don't know anything for sure here.

How bizarre to assume that she 'stirred up' the girls into a 'frenzy' etc. Can you imagine your own children in this situation? Being sent out of their country to a man they obviously don't like very much? Because they were living with him 2 years ago and it's pretty unlikely the evil mother could have warped teenage minds against him in that length of time.

What the hell happened to child welfare? I'll keep saying it until I'm blue in the face.

domesticgodless Fri 05-Oct-12 15:20:25

urk google translate is such a word salad!

domesticgodless Fri 05-Oct-12 15:24:16

the bit that chills me in above word salad is when he says 'this is a beautiful moment for me and the girls'

?! Obviously not for the girls, mate.

I think that as Amber says this is probably a man concerned to 'win' above all. The fact that the mother may also be a w*nker doesn't change that.

Hullygully Fri 05-Oct-12 15:27:12

yy domestic

LittleBairn Fri 05-Oct-12 15:32:11

For those pointing out that the mother won't go to Italy, the father hasn't even visited them in Austrilia. It doesn't seem like he has made any other contact other than to demand there return to Italy.

I'm hoping the Italian judge sees how distressed he girls are and sends them home to their mother.

ZZZenAgain Fri 05-Oct-12 15:33:44

terrible. Wrong decision IMO and very badly handled.

domesticgodless Fri 05-Oct-12 15:33:48

Message withdrawn at poster's request.

SkippyYourFriendEverTrue Fri 05-Oct-12 15:34:56

Another
translate.google.co.uk/translate?hl=en&sl=it&u=http://www.giornalettismo.com/archives/328376/bambine-rubate/&prev=/search%3Fq%3DLaura%2BGarrett%2BTommaso%2BVincenti,%26hl%3Den%26safe%3Doff%26gl%3Duk%26biw%3D1600%26bih%3D1099%26tbs%3Dar:1%26tbm%3Dnws&sa=X&ei=HuxuUPeQF6KZ0QXl-ICwCA&ved=0CDUQ7gEwAA

"The girls, born in Italy, had been placed in joint custody by the court. In the summer of 2010, the woman, with the excuse to bring on vacation a month in Australia has effectively stolen his father, refusing to take them back.

THE FATHER IS RIGHT - As mentioned by Gonews his father at this point turned to the Australian justice to try to get her daughters. Recall that are in joint custody, so theoretically neither parent has rights "superior" and that the small, born in Italy, are subject to the Hague Convention. Justice has sided with Vincenzi stating that the "removal" of the mother was illegal. The Family Court ruled that the mother was in violation of the Hague Convention against the abduction of children, not having received the legal consent of the former husband.

THE TRIALS OF MOTHER - Nothing to say, then. The law is clear and the man can return to Australia to recover small. Instead, on his arrival in Brisbane, the bitter realization. The daughters had disappeared while his ex-wife, who has kept on the strictest confidentiality, sparked a media war to influence public opinion and the work of judges in order to hope for a judgment in its favor dictated by emotions but in spite of any law that could actually open the game, extending dramatically the time of the case and forcing the girls to stay in Australia."

At this point, in May, she hid the children to prevent this judgement being executed.

"We spoke with the lawyer Vincenzi, Elena Zazzeri, which explained that "one of Garrett is an attempt to extend dramatically the time of justice hoping to stay with the girls. We can not forget that the grandmother said days ago that rather than give them to the father would rather kill them. We do not understand why the High Court has decided to accept this case is not based on any legal basis. Or rather, we understand that this is all media hype organized by the son of the mother with the aim of raising public awareness. ""

'Non possiamo poi dimenticare che la nonna ha dichiarato giorni fa che piuttosto che darle al padre preferirebbe ucciderle'

I don't speak Italian but it appears fairly clear that that means 'to kill'.

There is a lot of xenophobic innuendo here, the unstated implication being that it would be wrong to let children be return to Italy, as if it is some kind of barbarous third world hole.

"the mother did everything to "stir up" the public so that they are not alone in her battle. E 'was also born a Facebook page called " Kids Without Voice "in which she, along with family and friends, trying in every way to make their own reasons. E 'was opened a subscription to meet the legal costs, although some claim to be free, and the nothingness discussions between separated parents fighting for custody of the children. The issue of contention is simple: according to the woman, the court did not listen to the voice of daughters under which prefer to stay in Australia rather than in Italy. Other users, however, suffer from a kind of "censorship" against all those who express opinions different from those of the family Garrett."

https://www.facebook.com/kidswithoutvoices/
www.kidswithoutvoices.com.au/

The father (or someone who supports him) has his own Facebook page:

https://www.facebook.com/pages/The-4-hidden-sisters/268254849939862

AmberLeaf Fri 05-Oct-12 15:44:00

DomesticGodless, yes I saw that bit, do you know why? is that standard in cases like this?

domesticgodless Fri 05-Oct-12 15:45:51

eeeeegh that page supporting the father is full of gleeful generalisations about 'evil selfish mothers'. There is however a nice pic of them with their dad and they look fine (although as we know, photos don't always tell the full story). I truly hope they are happy with him now because god knows they've been through enough crap.

AmberLeaf Fri 05-Oct-12 15:48:26

There is a lot of xenophobic innuendo here, the unstated implication being that it would be wrong to let children be return to Italy, as if it is some kind of barbarous third world hole

Really? I think people are saying that because that is where they are returning to! if it were England they would say 'it would be wrong to return them to England'

Didn't the judge say he didn't think the father was being entirely truthful? but that he had to order their return because the law said so [or words to that effect]

domesticgodless Fri 05-Oct-12 15:51:38

Italy is a lovely place, I'd love to live there tbh. But I wouldn't want to be forced back there. Nothing 'racist' about saying that.

Redsilk Fri 05-Oct-12 15:57:42

domesticgodless, I've followed the case since the mother hid the children in May, and the father has repeatedly visited Australia over the past 2 years despite the mum's efforts to get him arrested (say something about which parent has more love the their children than fear of arrest), offered to split custody between Australia and Italy, offered to pay for the mum's ticket to Italy, was finally able to obtain unsupervised visitation in Australia this past summer (after having been denied access) and is now posting pictures on his FB page (thank you for the link, Skippy) from those visits, and he even dropped criminal charges against the mum.
And, yes, two years of alienating your kids from the other parent is plenty of time for evil poison to do its damage. My ex was able to do this in far less time, and was the reason the court gave me custody. Most courts do. In fact, the Australia courts previously took the kids away from the mum and put them into home. It came out at the trial last week that the elder daughter threatened suicide because her mum told her it would get her out.

threesocksmorgan Fri 05-Oct-12 15:59:51

I do wonder if this thread would be the same if it had been the father who had abducted the children?

Viperidae Fri 05-Oct-12 16:03:09

I think the key part of the judgement was that the girls did not want to return to their father because of pressure including a high profile publicity campaign by the mother and her family. It is hard for a court to take their view into account when it may have been manipulated.

These girls have been with the mother for the last 2 years, you can convince a child of a lot in that time.

Ultimately, as others have said, she kidnapped them and the law has to treat mothers who do this just as we all hope it will treat fathers who do it. The children are the real victims.

needanswers Fri 05-Oct-12 16:03:30

DHs eldest has basically never spoken to him since the day he left her mother - because her mother told her to chose - so she chose.

Up until that point - they had had an excellent relationship - and she was effectively an adult.

And he left because the mother was having an affair (just to clarify), a clever person can achieve parental alienation very very quickly.

She kidnapped them.

Redsilk Fri 05-Oct-12 16:06:24

Amberleaf, when you write, "I think its very telling that the older girls are so against returning to their father" you are absolutely correct. But you draw the wrong conclusion.
Younger children are harder to manipulate because they have not yet reached a point where they understand what the alienating parent is telling them to break their affection and emotional bonds.
The children have an extended family in Italy. They speak Italian. They were all born and grew up there. They will be back in school and happy in days, and this whole thing will be behind them.
Let's revisit in one month whether the mother is lying about being afraid of being arrested. My bet is she will be in Italy by then herself.

niceguy2 Fri 05-Oct-12 16:08:11

I think that as Amber says this is probably a man concerned to 'win' above all.

Really? And if your DH/Ex took your kids and vanished to the opposite side of the world....literally. Then you'd just say "oh well. It's obviously better there for them."

Of course he wants to "win". Because he wants to see his children!

I'm actually quite incredulous at some of the responses here painting this as a wrong decision.

The facts are quite simple. Mum knowingly removed the kids from their home country without permission of their father. That's not in dispute. Whether or not the Australian embassy helped is irrelevant and if true was totally wrong of them.

To allow her to stay just because the kids now want to after two years is missing the point. The courts cannot let themselves be bound by a fait accompli. If they did then many many more children are now in danger.

For example I could just take my kids tomorrow to my home country, duck & dive for a couple of years and then my ex would be screwed. That's fair yes?

We're talking Italy here, not some backwater 3rd world hellhole.

Redsilk Fri 05-Oct-12 16:09:56

the FB page supporting the father (4 Hidden Sisters) is excellent! there are consistent warnings not to be mean to the mother or her family, to be respectful of the mother and her family.
by contrast, the FB page supporting the mother is full of venom. the total opposite.
says a lot about these two.

threesocksmorgan Fri 05-Oct-12 16:11:20

Niceguy agree again

Redsilk Fri 05-Oct-12 16:15:56

niceguy2, I agree with you but also think that in Iraq or Pakistan there are parents who love their children and who should not be removed from their lives.

Redsilk Fri 05-Oct-12 16:19:02

many of this "shocked" comments make me want to point out that there is nothing unusual about this case other than the mother's all-out media war against the father, which was plainly not reciprocated. you can't fault the father for refusing to defend himself when it would mean criticising the children's mother in public. that seems laudable to me.

NOTHING else about this case, or the images shown since yesterday, is unusual. it happens ALL THE TIME. authorities take children away from a parent when the courts order and the parent does not comply. happened here. children do not want to be separated from their mum. happened here. mums and dads kidnap children to foreign countries. happened here. courts take too long to resolve the situation. happened here.

needanswers Fri 05-Oct-12 16:24:51

I could write reams about the effects of parental alienation - but I can't be arsed - it's a pervasive form of emotional child abuse and is massively damaging on children of all ages - I know full grown adults who can't cope with the vitriol one parent (and usually mum) - it harms them in ways that cannot be seen.

Sneaking these children put of Italy and hiding them - running away, putting the fear of god into them - telling them you won't come to see them and splashing it all over the papers.

Even the fact she knew this was coming and is a student - when she could have been working and saving to go and see them.

None of these things strike me as a mother doing her best for her children.

Dragging them away like that was wrong, wrong, wrong but so was removing them in the first place.

I find it unlikely a whole Italian village is full of child abusers - med families as a rule are extended, loving and adore their children - just like out families.

LittleBairn Fri 05-Oct-12 16:26:33

skippy what bull no one has made any such claims about Italy.
A fe of us has said its a very patriarchal society, a fact.
The reason I think it's very wrong is nothing to do with Italy but of the reactions of the girls being returned. If anything I'm more disgusted with the Austrialian authorities for helping them return to Austrillia and the way they man handled and abused those young girls.

LineRunner Fri 05-Oct-12 16:29:55

I would think exactly the same if the girls had been dragged screaming by police officers from their father - that these children's human rights had been trashed completely.

Is Australia not a signatory to the UN Convention on the Rights if the Child? If not why not?

Do the Australian police always carry guns when dealing with children? What if they are interviewing child victims?

LittleBairn Fri 05-Oct-12 16:31:02

redsilk WTF they will be happy in DAYS?! Seriously you honestly think they will touch down in Italy and sat " wow this is amazing I never want to leave...."
Are you crazy? You really think all this won't leave a mental scar?

iwantsomepeachcookies Fri 05-Oct-12 16:32:17

Some brutal, heartless views here. You don't know the facts, so don't judge the mother. You don't know what led her to take her children away to Australia and decide not to go back. What you do know is that she has lost a child, and now has lost her four living daughters - do none of you feel a shred of sympathy for her? Actually, don't answer that. It's depressing how cold and unfeeling some of you are. Instead you berate her for sobbing and crying at losing her children!

The older girls actually stated that they felt suicidal at the though of going back to Italy. The father should be utterly ashamed of himself and what he has done. No loving father would act this way, and when he sees the distress he has caused his children he should return them to their mother. This is not about her 'winning', it's about what is best for these poor girls, and they have clearly stated they want to remain with their mother.

Disgusted but not surprised by the lack of empathy on this thread. Fuck the law. These girls need to stay with their mother.

lisaro Fri 05-Oct-12 16:35:28

Iwant I assume the father also lost a child. Then the mother took the others away under false pretenses. That's where my sympathies lie (and the mother has plenty to be ashamed of) - oh, and with the children of these parents.

needanswers Fri 05-Oct-12 16:35:39

little that's rubbish - there are plenty of comments on this thread about Italy/Italian village way of life.

Iwant I don't have a great deal of sympathy because I think she is not helping herself and more importantly her children - what mother would publicly tell them she won't be following them? That's where I lose mine.

Reallyyouwould Fri 05-Oct-12 16:44:42

Here's a quote from the father's solicitor.

'The father's solicitor Paul Donnelly says the court decision will have ramifications for many other parents.

"The real point to be made in this is that in Australia, we must remember that the ratio of children leaving Australia is five to two," he said.

"Five Australian children are taken overseas compared to two children that are brought into Australia.

"So Australia's got a vested interest in ensuring these Hague conventions are complied with, otherwise we won't get our own children back."

Redsilk Fri 05-Oct-12 16:44:58

LittleBairn, I think the whole mishugenas will give them scars, but no, not this particular event.
Do you have kids of your own? they throw tantrums, they live experiences they don't like. they don't get what they want, and they cry and scream. and then life goes on.
over the next two years these girls will spend time with both their parents. They will realise their mum was lying about not coming to Italy to see them, and they will forgive her because she is their mum. They will be glad to have this behind them.
But when they are adults, I think there is a risk the scars will come out. they will feel angry at having been manipulated, for having been against their father, and when that happens there is a change they will never want to see their mother again.

LtEveDallas Fri 05-Oct-12 16:45:46

that's rubbish - there are plenty of comments on this thread about Italy/Italian village way of life

Yes. Your point is?

Redsilk Fri 05-Oct-12 16:49:28

peachcookie dear, take a few pills and chill. read the articles about the psych report. the older girl did not feel suicidal. she told the psych that she just said that because her mum to do it to get out of a foster home. it's in all the reports about the hearing. the mother is trash, and her family too. the more you read about the case, the more the picture emerges.

telling her daughters she would not come to Italy is what is disgusting. especially since she's lying about it too. mark my words.

Reallyyouwould Fri 05-Oct-12 16:51:39

'A lot more men abduct children than women.'

In a 2008 report 69% of international abductions were by the mother.

charonqc.wordpress.com/2012/01/03/guest-law-review-parental-child-abduction/

Redsilk Fri 05-Oct-12 16:53:09

Did someone here seriously say that Italy is a patriarchical society? the land of pizza and mamma? hah!
here, I found these statistics in English about Italian custody cases (doing the math it says that fathers get sole custody in only 1.6% of cases):
www.istat.it/en/archive/32717
"Until 2005, sole custody of minors was mainly awarded to the mother. In 2006 Law 54/2006 introduced the provision of joint custody of minor children as an ordinary procedure and had very clear consequences both for separations and divorces. In 2009, 86.2% of separations with children were with joint custody, as opposed to 12.2% in which custody of the children was awarded exclusively to the mother."
the mum doesn't have much to worry about if she returns to Italy.

lisaro Fri 05-Oct-12 16:54:51

Wow, the more stuff I'm following up after reading on here - the more I'm thinking they'd be better off if the mother didn't visit them.

I have said this on here before (and got slated for it by some), but I was the first child in the UK to use a new ruling that children could have their own legal representation, during a custody battle.

I find the pictures and the whole story very upsetting. To have no one listen to your wishes, is awful and I hope that all 4 girls do eventually get to have their say, and live where they want.

I agree though that the mother made this situation difficult by taking them away in the first place.

At the end of the day, children's views count, and if my children decided they wanted to live with my ex, i'd be heartbroken, but I would respect their wishes and do my best to ensure that they never felt like they had done something wrong.

needanswers Fri 05-Oct-12 16:56:50

LT my point is there are plenty of attempts on this thread to paint Italian life as some sort of hell hole.

Hopeforever Fri 05-Oct-12 16:58:01

So if this mother had voluntarily got onto a plane with her 4 children to return to Italy would the police have still dragged them off into police cars?

The blame isn't 100% with one parent, but the law was.

LittleBairn Fri 05-Oct-12 16:58:56

I didn't say the law was but yes the society is, this is my own experience of Italy and Italian men.

I'm pregnant and been a nanny to many many children often 24/7 so yes I know what a children's tantrum looks like and even what a teenagers tantrum looks like and this wasnt one of them. That was young girls and women screaming in terror being dragged around and man handled by grown armed men, such a shameful incident.
I do believe the whole case will badly effect them but I also think that experience alone will be very traumatising. I'm honestly horrified anyone could think they will be ok in a few days.

Redsilk Fri 05-Oct-12 17:10:39

LittleBairn, I didn't say they'd be ok in a few days, although I suspect the younger two were probably thrilled to get "home" and see all their old friends and family after two years of being away, to be in their old rooms, to be kissed by grandparents. As the years pass, their memory of this event will be the family reunion in Italy (Tuscany?) among joyous family, and of the happiness and love they encountered after the ordeal. And the impact of the negative part will fade. Kids are like that.
The older two...I suspect will be more difficult although, again, not for the reason you indicate, although I appreciate where your heart is. They have been primed by their mum and are probably coming to Italy on a mission to show the world how horrible dad is. They will try to make life miserable. This will be a challenge for the dad's family. I can't imagine how they will respond. I hope he gets counseling for himself and for them.
How will the older two look back on this? Again, I think they will see themselves caught in a war between their parents and used as pawns by their mum. My guess is that the enduring scar will be their conflicted emotions over their attachment to her as a parent and resentment for being put through this.

Redsilk Fri 05-Oct-12 17:13:45

one other thing that I think everyone is overlooking: love can conquer many things. do not forget that these girls are about to be surrounded by the joy of reunion with family and friends they have not seen for years.
the father could have walked away from them two years ago, gotten married again, and never had a financial worry about his daughters to consider. instead he went broke tying to get them home, and now has them as a financial burden. (he works; mum was getting a government check and child support.) to me, that is the sign of a parent who loves their children a lot.

with a lot of love, you can overcome anything.

AmberLeaf Fri 05-Oct-12 17:14:56

Oh and btw just for the record, when media reports, as it is on 7 now, that the mother says she is "hated there" (Italy, specifically Pontassieve)... after she left the sect and her husband, she was ostracised by the community and would be on the phone in tears saying, i cant even go to church because they say that leaving the 'sect' i am now 'evil' and can not enter. There were many places she wasnt welcomed. A university education is also considered akin to embracing Satan because it means one must adopt principals of reason and logic, which are considered evil. One's purpose in the world is exclusively expected to be to preach door to door and bring new families into the Community for indoctrination, a 10 year indoctrination

That's from the Kids with voices facebook page, written by [I think] the girls maternal grandmother.

Anyone know anymore about this 'sect' ?

Redsilk Fri 05-Oct-12 17:16:07

LittleBairn, forgot to say congratulatoins!!!

I am glad that Redsilk found the statistics of children's custody to Italy. I wouldn't have been able to give the exact %, but to be sure usually it is mothers who are awarded sole custody.

I find it always rather disturbing to read MN comments on Italy. Most are uninformed, prejudiced and bang on racist. Well done.

Redsilk Fri 05-Oct-12 17:22:32

AmberLeaf, the mother's "sect" argument was covered months ago, I think, when there was also reporting of the false accusations of violence. turned out the sect is called "Catholocism," which has a couple millennia of roots in Italy. if I recall, the father says he is Catholic but not religious. this was the only reference I found to the mum saying she went to church.
I just found Pontassieve. it is near Florence, so I was right about this being Tuscany. (yeah, poor girls... they may be forced to eat good food, too, or exposed to Rennaissance art... how can I get kidnapped to Florence?)

LittleBairn Fri 05-Oct-12 17:23:04

redsilk yes you did you said 'They will be back in school and happy in days, and this whole thing will be behind them.'

sorry but your fantasising. You know nothing of the family life and what they will have missed and looking forward too. For one tHing the youngest was 7 when she left she may not have all that clear memories, it's likely the younger two will struggle badly.
I honestly think it would be really heartless of the family for them to have a 'happy family reunion' when they have just been taken from their mum.

Reading the fathers Facebook page is only going to give you info that he wants you to have, it could be true it could also be complete bollocks.
Has he responded at all to the videos showing his daughters screaming and begging for their mother?

Plus they aren't to be returned to the father yet the are with the Italian Authrities until the court case.

And why "dubious" hands of Italian social services? How do you know they are dubious?

LittleBairn Fri 05-Oct-12 17:26:37

That said the whole 'sect' thing about Catholism isn't going to help the mother, a very foolish argument when she has been married to him for so long.

I not saying the mum is innocent in all this, I get the feeling both parents may be as bad as each other. My only issue is the girls shouldn't have been returned in that manner and their wishes on the matter should have been taken into consideration.

AmberLeaf Fri 05-Oct-12 17:30:18

Well there are sects within Catholocism aren't there?

LineRunner Fri 05-Oct-12 17:32:36

I'm still wondering why Australian police apparently always have to be armed, even when dealing with vulnerable children.

What happens when they are interviewing child victims?

CharlieMumma Fri 05-Oct-12 17:33:25

It's awful but I can't help thinking if the father had run off with the 4 girls and not returned them as promised everyone would be up in arms.

She took them on holiday and never returned them. That's pretty shocking and has landed them in this situation!

No, there aren't sects in Catholicism, there are congregations.

LineRunner Fri 05-Oct-12 17:35:24

The thread's about the sight of the girls screaming and fighting as they manhandled away against their will. About their rights being tradduced because they are aged 9 to 15.

Isn't it?

Redsilk Fri 05-Oct-12 17:35:48

LittleBairn, why would you say they are with the Italian authorities? there is a court order giving parents both custody. in Italy (or any place) there would need to be a court order finding both parents to be unsuitable for the authorities to take them, and hasn't happened.

and why should the children be denied the joy of seeing family? to make them feel the pain of the event?

seriously. the dad's task is to make his daughters feel welcome and serene. family is good. reunion is good. healing is even better.

and we were talking about scars and moving on w life. different.

AmberLeaf Fri 05-Oct-12 17:36:10

I think i'd be sympathetic to a Father who was citing abuse in the same circumstances too actually.

AmberLeaf Fri 05-Oct-12 17:40:04

Anyone know about the alleged 'mental health issues' of the Father?

I have just read that despite the promise made to the court that he would not press charges against the mother, apparently the charges are already underway? anyone know any more about that?

LineRunner Fri 05-Oct-12 17:45:49

He can make new charges, anyway.

Redsilk Fri 05-Oct-12 18:00:38

ladies (and not-ladies), you can't drop criminal charges and then file them again.

but there is a fair point about whether the authorities can pursue the charges on their own even if the father drops them. I read that the Australian judge had asked for reassurances from the authorities in Italy that they would do this, but I do not recall reading that he got an answer. I'm guessing he did or he wouldn't have sent the girls back to Italy, but I can't confirm that from any of the reports I've read or either of the FB pages.

on the accusations of mental health issues, and the violence issues, and the sect issues... the judge in Australia did not find any reason to prevent the girls from returning. end of story.

but the parents once had five daughters. they lost one, and who wouldn't have issues and be despondent after that? they'd be unbalanced not to have issues.

needanswers Fri 05-Oct-12 18:01:21

I just love reading the Catholic Church described as a "sect", no doubt the girls are themselves Catholic.

Redsilk Fri 05-Oct-12 18:03:01

on criminal charges, I'm also guessing that if the father dropped them, the authorities would not have much stomach to pursue the mother without a victim who is complaining of the crime.

but that's just an educated guess about how prosecutors tend to handle things like this. I can't imagine Italy would be that different. why waste public resources if no one is complaining about the crime? this is not a murder charge.

AmberLeaf Fri 05-Oct-12 18:03:14

Didnt the judge say he didnt think the father was being entirely truthful but had to allow their return anyway?

I don't know, I suppose its easy to cite abuse but its equally easy to cite parental alienation too.

LineRunner Fri 05-Oct-12 18:03:17

Of course a person can make a new allegation.

LittleBairn Fri 05-Oct-12 18:07:29

redsilk I'm sure I read they were being given to the Italian authorities until a custody hearing is in place.
It may also be because of the girls reaction to being taken back to Italy means its best for now that they aren't immediately handed over until they have calmed down. They may be feeling hostile to towards their family at he moment hence why it's not in their best interest to see them at the moment.

I agree I can completely understand why they would both be suicidal after loosing a child this shouldn't be used as evidence against either of them.

amber it was said both parents were suicidal after the death of one of their child. This was used as a reason by the Austrilain embassy to help the mother go back home because she needed family support and the children were best placed with her. Unfortunatly the didn't have the power to decide this and are partly to blame for the legal mess.

Redsilk Fri 05-Oct-12 18:10:11

Linerunner, of course the father can make a new allegation, but for what if the mum is in Australia and he already dropped the charge of parental kidnapping? (by the way, this is not treated as a major crime, or even a crime at all, in some countries, famously Russia for one).

AmberLeaf, I don't recall news reports of the judge saying this. Under the Hague convention, the judge had the authority to order the children to remain in Australia if there was evidence they would be in danger if returned to Italy. so I doubt the judge said anything like this.

as I said before, when I first started following this case I was 100% behind the mum. but now after the evidence came out at the trial last week and after her horrendous behavior towards her girls, I've started looking more into this and feel completely conned and burned. I don't like being fooled.

LineRunner Fri 05-Oct-12 18:15:10

I'm really only focusing on the way the girls were treated by the Australian authorities. Bloody awful.

Redsilk Fri 05-Oct-12 18:16:33

LittleBairn, the Italian articles posted earlier said nothing about the authorities taking the girls. they said only that they were being returned to the father. I do not recall any mention of social services or other authorities being involved. as I said, taking children from both parents requires a court order after finding of unsuitability. but here both parents still have custody, so could not have happened.

I think you might be confusing the fact that the dad went back to Italy after last week's hearing, and the Italian embassy was sending someone to accompany the children on the flight. that makes sense to me. but they are delivering the children to their father, which is what the Hague convention requires.

your idea is not a bad one, although I think it would require a great deal more cooperation between governments for there to be an intervening "cooling off" period when the children are returned. unfortunately, the Hague just says return them to the country from which they were abducted and says nothing about custody.

LittleBairn Fri 05-Oct-12 18:33:03

red it was an Aussie artical that said they were going to be with the Italian authorities and that there was still to be a hearing, nothing has been permantly decided.

AmberLeaf Fri 05-Oct-12 18:34:24

Redsilk

The father had insisted in court battles that the children should be returned to Italy under the provisions of the Hague Convention, an international treaty against child abduction

Justice Colin Forrest found in the Australian Family Court last year that while he did not absolutely accept ‘the truthfulness of all of the evidence deposed to by the father he was satisfied the father did not consent to the children’s relocation

Redsilk Fri 05-Oct-12 18:51:21

LB, AL, ok... now I understand. I thought the reference was to the accusations against the dad. I remember this now and it makes sense. the judge had to establish whether the dad had consented for them to remain in Australia. that's a defense under the Hague. sounded like the judge said he didn't believe everything the dad said about their going to Australia, but ultimately accepted that he never intended his daughters would move to Australia.

I also had questions about whether the father might have consented at one point to their remaining. his offer to share custody and let the kids stay in Australia with periodic visits in Italy, after the mum had kidnapped the kids and was already in Australia, might have been taken as consent.

Redsilk Fri 05-Oct-12 18:59:18

I am late getting home to get dinner on after obsessing about this case all day and getting no work done. thank you everyone of an enjoyable procrastination.

as for what will happen next, I will Google the Australian and Italian press by the middle of next week. the Italian papers are reporting the mother's name as Laura Garrett, which makes it easy to find articles if you Google in Italian (google.it)

my prediction: kids will be with dad and are fine; mom will announce plans to bring her fight to Italy.

and I'll dream of being one of the kidnapped girls myself. I think we'll have spaghetti for dinner tonight. does that count as Tuscan?

LineRunner Fri 05-Oct-12 19:03:25

I guess, Redsilk, it'll all come out in the wash, as they say. (Not your dinner, the outcome of this case.)

But did the Australian police really have to be so heavy-handed?

(And yes, I have also campaigned in the UK over similar issues here with asylum seeking minors.)

For the first time ever, I agree with Niceguy2.

AmberLeaf Fri 05-Oct-12 19:50:35

But there are allegations of violence and abuse, not just towards the mother but to the children too.

If someone came on Mumsnet and said their husband was abusive towards then and had hurt their children what would posters say?

They would say 'GET OUT NOW......CALL WOMENS AID and if you don't you are allowing your children to be abused'

If this mother was a Mumsnetter and lived in the UK she could have fled the home and would have had advice and support from fellow Mumsnetters wouldn't she?

Why is this case different? is it because we can see/hear the fightback from the other parents side?

MaryZed Fri 05-Oct-12 19:55:21

I find it hard to believe how many people are sympathetic to the mother here.

She took them from their father and the only home they have ever known. She refused to let their father see them, she refused to let them return to visit their wider family, she alienated them from their previous life, she disobeyed court orders and took them "into hiding", she refused to return them, and then when the final order was made instead of sitting them down and saying "ok, you have to go back, I will go with you and we will work this out" she allowed them to get really upset, told them they would never see them again, and rather than behaving like an adult had hysterics and collapsed hmm.

Surely there was a better way to sort this out.

I also agree with NiceGuy2, and if my dh did to me and my children what this woman has done I would fight tooth and claw (and support them being taken by force, if necessary).

MaryZed Fri 05-Oct-12 19:56:50

And I might believe the allegations of abuse if they had come before the abduction hmm

The vast majority of allegations of abuse are to be believed, sadly. But those that suddenly appear in the middle of a custody battle, when the parent who is making them looks as though they are going to lose, always seem a tad suspicious to me.

BananaGio Fri 05-Oct-12 20:00:14

not nice footage of the girls being dragged off but agree that the mother shouldn't have done what she did. And as one half of an international couple with Italian DP and DS living in Italy just would like to make the point that the place they appear to live in is a few km outside Florence, a sophisticated, cultural city and is not somewhere out of a Dolmio advert! My experience of Italian small communities has only shown me that small communities are very similar all over. To the extent I spent one car journey back from visiting some of DPs family in a small mountain village matching everyone I had met with their doppelgangers in the small, mining village in the UK I have family from. Same outlooks and characteristics, just different language (and weather).

The man could be and is alegedlly abusive.
Of course a woman would go into hiding over this.

I feel sorry for the girls, no matter the rights or wrongs they did not want to go.
The screaming and crying sounded like that of someone truly scared.

If this man was violent, what else was the mother to do.

AmberLeaf Fri 05-Oct-12 20:24:50

And I might believe the allegations of abuse if they had come before the abduction

But they did.

MaryZed Fri 05-Oct-12 20:44:28

Sorry, I should have said before the custody battle.

When did the mother allege abuse? And was there any proof, any police reports, anything at all? Not all fathers are abusive.

AmberLeaf Fri 05-Oct-12 21:36:34

Not sure M,ary but it would seem at least at the time she left Italy.

was there any proof, any police reports, anything at all? Not all fathers are abusive

I know not all fathers are abusive!

You should know that not all abuse will be reported too.

I have no idea as to what/if anything was reported in this case.

MaryZed Fri 05-Oct-12 21:42:25

I just think there has to be some rule about intercountry marriage breakups.

Hague originally came in to stop fathers taking children away to another country, and to give the mother the right to have the case heard in the children's country of residence. It may not be perfect, but if you let some parents take their children thousands of miles away and effectively hide them from the parent left behind, then where do you stop?

These cases have to be heard somewhere. It can't be left to whichever parent has the resources to hide the children from the other parent for long enough for that to become the status quo. That would lead to many children being taken and hidden.

I still think that if the father had taken four children away from their mother, stopped contact, refused to return them, and effectively alienated them from her there would be much more uproar against him.

niceguy2 Fri 05-Oct-12 21:53:08

The bottom line here is that what she did was illegal. She knew it, she did it anyway. This mess is of her making. I'm sure this wasn't the first court decision. She's been given multiple chances to do the right thing and she's refused each time.

Abuse? Not seen any articles about what has allegedly happened. But if there was then it's also a matter for Italian courts. They will listen to BOTH sides and weigh up the evidence available.

Let's assume for a moment he was abusive. I'm not so sure but let's assume he was. That does not give her the right to also do something illegal.

What she's done now is weaken her own case. What court is going to now award custody to her? She's already shown she doesn't care about the law. Or lying. Or secretly moving abroad and alienating the kids. And she's not even going to be in Italy to put her case across.

Dad has already given an undertaking to drop criminal case. If he did pursue criminal charges then he would be shooting himself in both feet in the eyes of his kids. He needs to rebuild trust and showing them he's not the ogre their mum has painted him to be. Putting their mum in prison isn't exactly going to help his cause is it?

The kids are the real losers here and it's all mum's fault.

LineRunner Fri 05-Oct-12 21:55:45

Did the Australian need to be visibly armed when dealing with these distressed children? Is that actually compulsory in Australia?

LineRunner Fri 05-Oct-12 21:56:07

Australian police sorry typo

Morloth Fri 05-Oct-12 22:34:49

Our police are routinely armed (we take the view that not only the bad guys should have guns).

I don't know whether the the AFP can choose not to be in special circumstances, you would need to check with them.

I have never seen an unarmed police officer in Australia even when I have been in stations for administration purposes.

Personally, I prefer the police armed but that is another thread.

tryingtoleave Fri 05-Oct-12 23:05:58

It's fairly unusual for police to be unarmed, isn't it? I would say that Britain is the anomaly, not Australia.

MaryZed Fri 05-Oct-12 23:08:25

Had the mother been more reasonable, prepared them better, or even sorted out travelling with them, the police wouldn't have had to be involved at all.

She was banking on being able to have it stopped, by them getting really upset. Which is just dreadful.

Redsilk Fri 05-Oct-12 23:09:44

AND HERE'S THE LATEST...
video.au.msn.com/watch/video/deported-girls-mother-considering-legal-rights/xm32urg?cpkey=ce5b4382-d9ed-47d0-acf0-770484072ea7%7C%7C%7C%7C
Girls were picked up and taken home by dad. (not placed with authorities)
And mum is "now" considering a return to Italy to pursue legal options there.

Excuse me while I go kill myself...

LineRunner Fri 05-Oct-12 23:10:17

Well, I've asked loads of times, what happen when Australian police officers have to deal with vulnerable children? Do they have to carry guns in a visible way?

They don't have to, do they.

This particular operation was what's known as a cock up.

Redsilk Fri 05-Oct-12 23:16:07

I was wrong about one thing: I said it would take a week or two before she would show us that her "refusal" to go back to Italy was a huge lie. But by the time the girls had landed in Rome she was practically booking tickets.

She's a lying witch who treats her children as tools. I sincerely doubt she'll be jailed in Italy. Pity.

LineRunner Fri 05-Oct-12 23:18:01

Well anyway, about the girls, I still think the the force used on them was disproportionate.

adogforever Fri 05-Oct-12 23:18:35

I feel for this woman and it is a fact that Italians have a rule for them and a rule for their partner
First the father of the girls was in his twenties when he got this former wife pregnant at the age of 16 and married her when she was 17 to make it worst she was on a study tour and was put in his families care for the year she was to stay in Italy at his parents villa, one wonders how he and his family would feel if his now 16 year old daughter (she turned 16 this month) got pregnant to a Australian mane who was in his twenties? His former wife went on to have five daughters the middle on died after being born with problems and lived for a number of years in which she nursed and took care of her, all this time she lived with his parents and know how that would have been like, any won der why the girls do not want to return with the old Nona and papa ruling their lives pity they did not do the same in regard to their son with there mother. The girl’s father was abusive but that is accepted in Italy as normal, he signed the papers to let the girls return to Australia with their mother but changed his mind after they left, so look at the full picture of all this and the mother is only in her early thirties now, I can understand how the mothers parents feel that their granddaughters with suffer the same as their daughter.
The Australian family court has a lot to answer for in regard to this family.

Redsilk Fri 05-Oct-12 23:32:27

adogforever, why does everyone fall for this tripe now that the lies of the mother and her family have been exposed?
According to the Italian press, the father is 35.
www.gonews.it/articolo_155925_Il-padre-attende-in-aeroporto-le-figlie-dallAustralia.html
They were BOTH kids when they got together.
What was mum doing in Italy, living there at 16, getting pregnant, and not returning? Probably she was sent off on account of sordid family scandal, an inference from her and the family's behaviour, and the fact that the family were happy to let her stay in Italy instead of bringing her home immediately when she got pregnant.

Redsilk Fri 05-Oct-12 23:36:01
Redsilk Fri 05-Oct-12 23:40:18

One more
www.theaustralian.com.au/news/nation/im-willing-to-share-custody-in-italy-father/story-e6frg6nf-1226489476239

THE Italian father reunited with his four daughters after they were kept in Australia for two years by their mother will agree to shared custody if his ex-wife joins them, his lawyer says.

Wollongong solicitor Paul Donnelly said his client was happy and relieved his daughters were back in their family home in the Tuscan countryside, ending a bitter international custody battle.

Mr Donnelly said the man did not mind if the mother returned to Italy, where they shared custody of the girls before she brought them to Australia in 2010.

"I think he wanted what was best for his children," he said.

"She will resume her parenting rights just as before. He just wanted them back home."

SkippyYourFriendEverTrue Fri 05-Oct-12 23:44:49

It's worth considering the timings here:

June 2010 - girls go to Australia on 'holiday' for 4 weeks
July 2010 - mother informs father that they will not return
February 2011 - Queensland Department of Child Safety files for return of children to Italy
June 2011 - decision given by the courts that the children should return within one month
July 2011 - mother ignores court order
August 2011 - appeal filed by mother against court order
March 2012 - appeal rejected
April 2012 - court orders children to go to Italy, either with their mother, or with their father
9 May 2012 - father arrives to bring children to Italy, pending meeting on 14 May 2012
13 May 2012 - Australian grandmother tells the *mother's* lawyer if the meeting on 14th May not successful, she would kill the 4 girls, and that the mother should kill herself also.
14 May 2012 - the murderous grandmother takes the children into hiding in order to prevent them leaving for Italy
21 May 2012 - "the children were recovered by the Queensland Police." "The transcript of the taped interview of that recovery by the police is in evidence before me. It is a troubling document, particularly given what was said by the great-grandmother to the police in front of the children, and later by the great-grandmother in direct response to questions by one of the children."

Subsequent to this is more legal wrangling, and finally the children have gone home (where home is clearly Italy, since the mother herself stated www.thefamilylawdirectory.com.au/article/family-flees-to-safety-of-coast.html

“I moved to Italy when I was 15 to study Italian for a year and ended up staying 15,”

and "She said it would take a long time for her girls, who are aged seven to 13 and speak no English, to adapt to the Australian way of life.")

So the children were abducted in July 2010, the order was given in June 2011 that they should return, and since then the mother and her evidently toxic family repeatedly ignored the rulings of the court (grounds in itself for imprisonment I would say).

Given the threats to kill the children made by their own grandmother who was supposed to be caring for them, the actions of the police do not seem in the least bit disproportionate.

The mother obviously loved Italy having spent half her life there, and far from her being some sort of helpless Australian flower trapped in a sinister Summerisle-type village surrounded by shrieking Catholicscultists, she evidently had the language ability and experience of life to have moved anywhere in Italy and set up a new life.

saffronwblue Fri 05-Oct-12 23:46:02

I think the police were terribly heavyhanded and added to the girls' trauma. But I think the mother has turned the whole thing into a huge drama unnecessarily. For some time the girls were on the run in Australia and hiding from the authorities. Can you imagine what that was like for them and what they were being told?
She should get on the next plane to Italy, live near the girls and focus on helping them get on with their lives with less drama.
The father has been in and out of Australia for the last two years.

LineRunner Fri 05-Oct-12 23:47:12

So why did the Australian police behave like this?

Morloth Fri 05-Oct-12 23:47:31

I just don't know Linerunner, i have been fortunate enough to never find out.

When police visit schools here they still have their gunbelts on. Whether they are there for 'business' or for talking to the kids etc.

Morloth Fri 05-Oct-12 23:49:38

Because they were told to.

Officers were clearly told to put those children on a plane.

fuckwittery Fri 05-Oct-12 23:52:14

I have come to this thread late but as a lawyer who deals with Hague cases, there will have been nothing preventing the mother going back to Italy with her children, and then seeking permission from the Italian court for permission to come back to Australia permanently. She should have asked the Italian court's permission in the first place before taking the children to Australia without consent. The Hague Convention does not remove children from their primary carer, it sends children back to their country of habitual residence, with the parent who removed the children (unless that parent refuses to go back) so that court can determine any dispute about long term arrangements.

In this country, when we send children back to other countries under the Hague, we ensure that a defendant mother returning with her children has a soft landing by way of somewhere to live and sufficient funds to get by until she can claim state benefits and appropriate protection if e.g. she has alleged violence. Agreement is sought for interim protection on return if necessary before the court here enforces a return e.g. a plaintiff father may say undertake not to remove the children from the mother's care once she returns apart from agreed contact, not to attend the airport / mother's home, to provide a property (e.g. pay rent for a certain length of time, or vacate the family home to allow mother and children to live there), to pay a certain amount of maintenance money. We would not send the children and mother back without information as to where they will live and support themselves.

There is a defence of a child objecting to a return, where the child is of sufficient age and maturity for that objection to be taken into account (the older and more mature, the more weight an objection will hold), but it is a discretionary defence. Possibly the mother influenced the children so much in this case that the judge declined to use exercise that discretion to refuse a return.

There was a case in this country though where the child kicked up such a fuss on the airplane that the pilot had to turn around, the case returned to court and the return order was not enforced.

LineRunner Fri 05-Oct-12 23:52:44

Ok, so the armed police were to police the mother's compliance, not the girls'.

Morloth Fri 05-Oct-12 23:57:08

Possibly, who knows. I can't imagine there was ever any intention to shoot anyone - this is Brisbane not Beirut.

If the mother thinks the police acted inappropriately then she should make official complaints.

The whole thing could have been avoided by both parents acting like parents. The law is a blunt tool, there should never have been a need to remove the children in those circumstances.

Redsilk Sat 06-Oct-12 00:00:01

LineRunner, the family had hidden the girls before and threatened to harm them (as has been pointed out) if taken away. No one likes what they saw. But what was the alternative.

Meantime, more sleuthing.... I had imagined the "village" that the girls grandmum said was "all against" theirmum, Pontassieve, was some isolated mountain location. But look on Google maps - it's a friggen suburb of Florence! 15 min by train or 30 by car or city bus.

It's hysterical. Literally EVERYTHING the mum's family says is a lie in some way.

Excuses, excuses...

tryingtoleave Sat 06-Oct-12 00:01:58

In the case of questioning a vulnerable child, I don't know, but maybe it would be a detective or some other special officer who wasn't armed. Generally, though, I think we are used to seeing armed officers and we don't notice it as you do.

Ds (6) was told off by a police officer recently. He went off on a jaunt, taking his 3 yr old sister, one morning before school. I panicked, called emergency, and the police arrived just as dh found and returned the dcs. The (fully armed with bullet protection vest) gave ds what I considered to be a very appropriate reprimand. Not scary - just serious that he mustn't wander away and put his sister in danger. It certainly didn't bother me that he had a gun.

SkippyYourFriendEverTrue Sat 06-Oct-12 00:03:29

BTW, age of consent in Italy is 14, so nothing wrong there with a 15 year old getting it on with an 18 year old, or a 16 year old with a 19 year old (not exactly unusual in the UK either tbh).

The basis of the alienation of the children from their father seems to have been as follows:

* if Mummy goes to Italy, Mummy will be put into prison
* if you go to Italy, you will never see Mummy again, because Mummy will be put in prison

even though no criminal complaint was ever filed in Italy, and none threatened either.

They then said that Mummy has no money and can't go to Italy for that reason, even though the father was ordered in July 2011 to pay A$8000 to facilitate the mother's travel to Italy, which he did pay.

In fact Mummy had, and would have, no difficulty finding employment in Italy being fully bilingual, and indeed the father's hometown Pontassieve is not exactly Buttfuck, Indiana, but a pleasant town 15 minutes and €2.40 by train from Florence, where she had worked previously, and part of a metropolitan area of over 1.5 million people.

Morloth Sat 06-Oct-12 00:07:04

I think that might be it tryingtoleave, I didn't even clock that the AFP were armed.

Because in my experience all police are armed. The bobbies with the stick were a surprise to me!

Redsilk Sat 06-Oct-12 00:11:06

Skippy, I LOVE your posts on this!
Do you live in Italy? You sound pretty knowledgeable about the place for someone from Buttfuck, Indiana.

adogforever Sat 06-Oct-12 00:14:36

A couple of points I would like to make. Why do these girls want to stay with their mother and not return to their father?

A far as the family court goes I have yet to meet a honest lawyer it all come down to money is it a fact that lawyers have a large cow on the wall that says first milk them dry, there is no true justice in this country.

Skippy yourFriendEver true is that a dig at catholics?

LineRunner Sat 06-Oct-12 00:17:04

So no-one really knows if the police were compulsorily armed when they took the girls away.

SkippyYourFriendEverTrue Sat 06-Oct-12 00:20:17

I went to Venice for my last birthday? hmm

The Australian family seem to be really toxic Jeremy Kyle types.

I found this:

"Back when the father and Garrett were still together and raising their children in Italy, they received a visit from her mother and her boyfriend.

The two checked into a hotel, but after two days, announced they were out of money. So the father moved them into his house with Laura and the four girls.

After a while, Laura’s mother announced that she wanted to travel around Italy by car. They had no money, so they asked the father to pay for the rental car, which he did, ponying up €1500 as a security deposit. The two left Florence and soon Laura and the father began receiving postcards from France.

Six weeks into the pair’s supposed driving trip in Italy, there was no longer any contact with them at all. The father, of course, was paying for the car all this time.

Laura reported the car stolen to the local police. But (speaking of ‘stolen’), eventually the father figured out that his mother-in-law had stolen one of his credit cards. They used the billings to track the couple to a small town in Spain.

The father and Laura hied themselves to Spain and began looking for the “walkabout” in-laws. When they found them, the car was badly damaged, the tires were flat and the two had been living in it for weeks. They were arrested for car theft. The father paid in all about €5,000 for car repairs as well as airfare back to Australia for Laura’s mother and her boyfriend."

SkippyYourFriendEverTrue Sat 06-Oct-12 00:24:57

No, adogforever, that is re this statement from the grandmother (?):

'Oh and btw just for the record, when media reports, as it is on 7 now, that the mother says she is "hated there" (Italy, specifically Pontassieve)... after she left the sect and her husband, she was ostracised by the community and would be on the phone in tears saying, i cant even go to church because they say that leaving the 'sect' i am now 'evil' and can not enter. There were many places she wasnt welcomed. A university education is also considered akin to embracing Satan because it means one must adopt principals of reason and logic, which are considered evil. One's purpose in the world is exclusively expected to be to preach door to door and bring new families into the Community for indoctrination, a 10 year indoctrination'

the 'sect' in question appears to be Catholicism.

Redsilk Sat 06-Oct-12 00:41:25

Skippy, that's an amazing story and I'm inclined to believe it's true. Basically the mum and her family are trailer trash. They seem to be all women, which may explain the treatment of the father figure as expendable. (I could agree with that at times wink but not forever.)

Based on what I now know about Pontassieve (love the name) that's even more ridiculous.

Ahh...Venice...I so want to go there! Maybe when the monsters are older.

SkippyYourFriendEverTrue Sat 06-Oct-12 00:49:51

I believe the Australian term is 'bogan'.

LineRunner Sat 06-Oct-12 00:54:06

Basically the mum and her family are trailer trash. They seem to be all women

Yes, those four girls would be women soon, part of their own mother's family. Charming. Absolutely charming.

Redsilk Sat 06-Oct-12 01:00:53

Well maybe they've escaped the trash life now. Lord knows they've paid their dues.

differentnameforthis Sat 06-Oct-12 03:58:33

Linerunner, the police here are armed. They didn't arm themselves for that task, they just were, because they always are!

differentnameforthis Sat 06-Oct-12 05:12:42

How many men could be primary carers for 4 kids or would want to be?

So because you hold the opinion, the father has no rights to his own children? My dh has admitted that he couldn’t be a SAH parent, that doesn’t mean I have the right to relocate with kids by lying to him!

And she did have a life there, choosing to move there when she was 16!

so you don't think it woudl have been 'unsettling' at all for 4 girls of that age to lose their established home, school, friends, etc?

What about the established lives they had in Italy? Where they were BORN & RAISED? The friends, the family etc? That their mother tore them from in the first place? They have been here 2 yrs. So the youngest had 7yrs in Italy & the oldest 13. Does that not count for anything?

The thing is this was never about custody. They had arrangements in Italy & if there were any issues, they should have sorted them out there; in fact I believe they were in the midst of a custody battle already. This is all about the fact that the mother kidnapped her children. They were returned so the courts in Italy can continue to decide what is best. The girls can’t be heard out here. They need to be in Italy to speak to authorities there. Australia cannot interfere with proceedings already underway in another country.

It did make me wonder of Austrialian police ( I know they weren't police) and such like often brutalise children?

Yes, of course they do. The police are often seen beating children in the streets. hmm What a stupid thing to say! They had a job to do. The mother made it so the girls wouldn’t go peacefully.

I think it would be terrible precedent to grant success to the strategy of abducting a child, taking them to a distant country and poisoning them against the other parent (assuming that's what happened; obviously I don't know all the facts)

That is pretty much what the authorities are saying happened.

They just know that the system, the police, their father has forced them to do something they didn't want to do The reality being, is that their MOTHER has actually forced this upon them. No one else.

dallas re the money,

As to this point, I note that solicitors acting for the mother previously informed the State Central Authority in September last year, whilst reserving her rights to appeal against the return order, that the mother would return with the children and requested the payment of the AUD$8,000 by the father, which the father made available from here

It is no secret that the mother is saying she can’t return

Read the whole of that document, it is interesting reading when it states that one of the girls was saying how nice Italy was, just last year. Yet now, just over a year later, she hates it so much!

The fact that the youngest child could go from stating in May last year [2011] that she wanted to go home to Italy to her home in the Tuscan countryside to now asserting that “Italy’s a scary place. I don’t feel comfortable”

Before I made the return order last year, .. that they had all indicated they would accept returning to Italy if their mother accompanied them

Of note though, was that expert’s report that the youngest child had stated a preference for returning home to Italy to live because she liked the place where they lived in the Tuscan countryside and the activities she used to do with her father and friends. Quite remarkably, in my view, she did not repeat that same preference to the Family Consultant when interviewed only a few weeks later, after the mother had the report of the psychologist in her possession

the efforts of their mother, and other members of the mother’s extended family, to keep them in Australia, notwithstanding the decisions of the Court, have had a significant emotional impact upon the children
The very public nature of the campaign has been very disturbing. I am satisfied that they have definitely not been shielded from the dispute and have clearly, I find, been significantly influenced in their views and their conduct by their mother and other members of her family.

differentnameforthis Sat 06-Oct-12 05:29:55

The older girls actually stated that they felt suicidal at the though of going back to Italy

Yet last year, when asked (before the return judgement was made), they said they were happy to return to Italy, as long as mum went too.

differentnameforthis Sat 06-Oct-12 05:35:03

So if this mother had voluntarily got onto a plane with her 4 children to return to Italy would the police have still dragged them off into police cars?

If she had got onto a plane a yr ago, after the return order was granted, NONE of this would have happened. Instead, she took them into hiding.

differentnameforthis Sat 06-Oct-12 05:57:43

Yes, linerunner, we get it. You don't like that the police were armed.

Here, in Australia, police are armed. They have their gun on them if they are on routine work. They have it if they are at the station. They even have them on if they are eating lunch at subway. I doubt it is protocol to remove it before they do certain aspects of their work. It is part of their uniform. Should they have taken them off & left them in their cars? So some idiot could have got hold of them & caused mass slaughter?

They are armed. Get over it.

tryingtoleave Sat 06-Oct-12 06:15:33

I'm fairly sure Italian police are armed too.

differentnameforthis Sat 06-Oct-12 06:18:18

in his twenties when he got this former wife pregnant at the age of 16 and

He didn't GET her pregnant. She became pregnant through the act of consensual sex! He isn't that much older than her either, a few years I believe.

Once again, there is NO PROOF that the father was abusive.

differentnameforthis Sat 06-Oct-12 06:28:32

In relation to the DFAT documents obtained by the mother, those documents were accepted into evidence prior to the original hearing and dealt with by his Honour Justice Forrest in his decision delivered on 23 June 2011. His Honour found that the evidence in those documents did NOT support a finding that any Australian Embassy officials who helped the mother did so knowing that the mother did not have the father’s consent to remove the girls permanently from Italy.

So it is possible (as I thought) that the mother lied to the Embassy, either with regards to the father knowing about them staying permanently, or with regards to how long they intended to say for (i.e told the Embassy that it was a holiday too)

differentnameforthis Sat 06-Oct-12 06:30:29

It appears that the father was tricked into signing documents that were given to the Embassy saying she had his full consent to relocate permanently.

So she lied to both the father & the Embassy.

adogforever Sat 06-Oct-12 06:34:20

I see they are saying he is broke on site today but I find this interesting.

scription of which product are you interested.
Industry FocusHardware Components
Business TypeDistributor/Wholesaler
Products/ServicesServer-Workstation parts, Multiprocessors system, SCSI RAID Controller, SCSI hard drive.
Our MarketsWestern Europe
No. of EmployeesLess than 5 People
Annual Sales Range(USD)US$2.5 Million - US$5 Million
Year Established1996
Legal Representative(CEO)Laura Kate Garrett
Contact Information
Company NamePowerWeb
Contact PersonMr Tommaso Vincenti
Company AddressVia S. M. A Quona, 81, Firenze, Italy, Italy
Postal Code50065
Telephone Number39 055 8323361
Mobile Number
Fax Number39 055 8323361
WebsitePowerWeb, http://www.bizearch.com/company/PowerWeb_148956.htm

LtEveDallas Sat 06-Oct-12 06:54:55

Lots of woman hating on here last night then. Lovely.

Redsilk, did you really just join MN to talk about this case?

Thanks for the explanation Differentname.

needanswers Sat 06-Oct-12 07:52:09

A right so this is about woman hating and not disapproval of one parent (regardless of gender) kidnapping her children???

I see.

To call their culture and heritage a "sect" indicates no-one cares about them. I would think the same regardless of the gender of the abducting parent.

BananaGio Sat 06-Oct-12 07:59:45

The girl’s father was abusive but that is accepted in Italy as normal
Offensive much hmm. As one person who lives Italy, a country of over 60 million people, I can assure you it is not accepted as normal.

needanswers Sat 06-Oct-12 08:02:50

Yes I agree Banana - my family is of med extraction and that's massively offensive as well as wildly untrue.

LtEveDallas Sat 06-Oct-12 09:18:12

Trailer trash, everything the mums family says is a lie, stalking this woman's FB, 'sleuthing' all over the Internet for horrible stories, dismissing the mothers claims out of turn, being sarcastic about her reasons not to want to return et al.

Spending an inordinate amount of time to rubbish this woman, whilst Not caring at all how distressed the children were.

Oh, and the off the cuff 'age of consent is 14 in Italy' - it may be, but it doesn't make it right. 14 is a child.

Leaves a very nasty taste in my mouth.
<hides thread>

I agree Lt trailer trash & *all women*- what a sexist thing to say.
Just because there isn't enough evidence the father was abusive doesn't make it untrue.

Most women live in fear of their abusive spouse and often do not report as doing so makes their homelife even worse!

No matter what the reasons, i don't believe a woman would go into 'hiding' with their kids unless there is a good reason.
The girls did not want to go, they were screaming and sounded physically scared of being returned to their father.
Do these children not get a choice in who they want to reside with?

Morloth Sat 06-Oct-12 09:28:41

Not under the Hague Convention, they may however get a choice under Italian Family Law.

As I understand it, Australian Family Law was 'overruled' by International Law.

SkippyYourFriendEverTrue Sat 06-Oct-12 09:33:12

So the fact they had a grandmother who promised to kill them and told their mother to kill herself too, plus a great-grandmother who according to the court made "troubling" statements when interviewed, "particularly given what was said by the great-grandmother to the police in front of the children, and later by the great-grandmother in direct response to questions by one of the children.", that would have no influence on these girls' mental state at all would it?

Obviously it's actually because Daddy is an abuser, and not because Mummy and her family are poisonous and manipulative.

niceguy2 Sat 06-Oct-12 09:46:21

There's no women hating going on here LtEve but it seems you are hellbent on defending this woman by clinging onto vague allegations of abuse which have no evidence and now claiming that Italy is engaged in some mass child abuse because their age of consent is lower than ours. The age of consent in some states in the US is 18. Does this mean the UK is promoting child sex because our ages is different from theirs?

The girls did not want to go, they were screaming and sounded physically scared of being returned to their father.
Do these children not get a choice in who they want to reside with?

From what I've read the courts have taken their wishes into account. That is entirely different from letting them choose. I think the decision is largely based upon the fact that a year ago they seemed happy to return (with mum) and now are 'suicidal' at the thought. What's changed in the last year? The only logical conclusion is that mum has heavily alienated them.

They may still get to decide but they will need to tell an Italian judge.

Apparently there has been allegations of abuse. But no evidence. But there IS a wealth of evidence that the woman has systematically lied and manipulated everyone around her. She lied to her ex. She lied to the embassy staff. Ignored court orders and has pretty obviously poisoned the kids minds against dad. The grandmother has even threatened to kill the kids! So sorry if I am not putting much faith in her 'abuse' claims.

There's no womenhating but plenty have pointed out that just because she is their mum, it doesn't give her carte blanche to do what she likes.

SaraBellumHertz Sat 06-Oct-12 09:47:56

I was about to come on and support Linerunners stance that it seemed grossly inappropriate for the police to be armed in these circumstances. however given the appalling commentary relating to the grandmothers threats to kill the girls I imagine the police had genuine concerns for safety

Redsilk Sat 06-Oct-12 09:49:27

LED, and your point is?
Yes, I obsess too much, and yes I spend too much time on YBM and MN and other boards and periodically detox and then come back, and I'm not the only one who obsessed particularly over this story. our family lived a similar situation (not with Australia though) so I'm familiar with the Hague convention and what happens when countries don't honor their commitments promptly and the terrible abuse to children from being abducted, and the lies that were told about my family. It's a situation that's far more common than you would think, just usually without the media attention.
But again, your point is?

differentnameforthis Sat 06-Oct-12 09:57:11

dallas No one is sleuthing at all. All this info is readily available on the net. People are googling etc to find out the whole story. No one is looking for horror stories, I don't think!

The mum put all this out there, people just aren't settling for her side, they are trying to find the closest truth.

I agree that calling her trash isn't really pertinent to the story, but people are entitled to see her how they do. She has done something pretty horrible.

AmberLeaf Sat 06-Oct-12 09:57:25

The trailertrash comments are out of order.

Someone wrote about the grandmother allegedly going off with a rental car etc, is there proof of that? because the Mothers allegations are not being believed here as there is no evidence so why believe stories that paint the grandmother in a bad light?

differentnameforthis Sat 06-Oct-12 10:00:09

Just because there isn't enough evidence the father was abusive doesn't make it untrue

true, of course. But we need to remember that the mother has told NOTHING but lies before she even left Italy. She deceived the dad into signing passport forms for what he thought was a holiday.

She lied to the Embassy saying the dad knew she was relocating.

We can't be expected, really, to believe much of what she says.

differentnameforthis Sat 06-Oct-12 10:01:47

No matter what the reasons, i don't believe a woman would go into 'hiding' with their kids unless there is a good reason

She went into hiding after the judge granted the return order. Because she didn't want to return them. Also the fear that she would go to prison, so she wasn't really acting in the best interests of her children a lot of the time.

Redsilk Sat 06-Oct-12 10:03:10

I take back the trailer trash comment but do admit to sleuthing on the net (thought i did a good job too) and obsessing too much on this story. My main lesson from yesterday was that Google translate is only so-so for reading Italian news on line...

needanswers Sat 06-Oct-12 10:11:26

I guess my view is coloured, but DHs ex has spent 9 years of her childrens lives trying to turn them against their father, for no reason other than he dared to leave her.

She has totally destroyed their emotional well being and turned her middle child into a child abusing bully.

I can fully believe women (and men its just this thread is about a woman) use their children as pawns and do not care about the impact of their behaviour on their children, because I have seen it with my own eyes.

Well DHs ex has got what she wanted now, all 3 children with no father, one lied to police and social services to protect the other, one has been on trial for paedophilia and the other one wouldn't know the truth if it came and smacked her in the face, because her and her mother have been so busy rewriting history.

Was getting what she wanted worth the cost to the children, personally, I very much doubt it, but I guess she probably thinks it was because in her eyes, she has "won".

Me, I think she has lost, because while our lives are full of pain, they are also full of the truth and I think knowing you have lied and lied must eat away at you from the inside out.

niceguy2 Sat 06-Oct-12 10:13:26

I was about to come on and support Linerunners stance that it seemed grossly inappropriate for the police to be armed in these circumstances.

Again I think you are applying UK standards to something which happened in Australia. A country where police are all armed. As they are in Italy too.

Police having guns are the norm in virtually all countries. I think you are making a mountain out of a molehill on this point.

Just because there isn't enough evidence the father was abusive doesn't make it untrue

It doesn't make it true either.

differentnameforthis Sat 06-Oct-12 10:16:43

sara, they are always armed though.

In Australia, police are armed while going about their duty. Therefore, while carrying out this particular duty, they were armed.

Let's drop the whole 'the police were armed' thing now please. It is a red herring. Because it means NOTHING!

BECAUSE POLICE IN AUSTRALIA ARE ALWAYS ARMED.

differentnameforthis Sat 06-Oct-12 10:21:39

Redsilk, I don't think you have to worry. It is no different to all the sleuthing that others do regarding current affairs!

I am interested in this for various reasons. I am not talking on fb about it among friends, as they are all blindly taking mums side with bare facts, without doing any digging.

Also, my friends ex has kept their children after a visit & refuses to give them back, she is beside herself, thankfully they are both in Australia, so her journey, I hope will be easier.

LtEveDallas Sat 06-Oct-12 11:09:48

Actually Niceguy, I'd appreciate it if you would re-read my posts. I haven't supported the mother once, neither have I supported the father. I don't care about either of them. Your hyperbole regarding what I have supposedly said is ridiculous. I have posted my experience of small villages in Italy, yes, but I have also stated that I do NOT know where these children are going to, just that some villages aren't very nice. I also quantified that with the statement that it was my experience in 1990 - and that I haven't been back since.

I am concerned for the children. You will never persuade me that dragging children kicking and screaming and crying for their mother onto a plane was the rigt thing to do and won't have damaged them. That is my concern.

I don't need to dig into the depths of the Internet determined to find stories to discredit the mother - my ' evidence' is that the children were upset and that is plain to see.

God, I really should have hidden this thread. Poor bloody kids.

needanswers Sat 06-Oct-12 11:16:02

yes that I agree with poor kids

AmberLeaf Sat 06-Oct-12 11:24:57

Yes thst is the crux of it really, regardless of the ins and outs of the parents stories, those children should not have been treated the way they were during their removal from australia.

BoneyBackJefferson Sat 06-Oct-12 11:40:17

How would you have delt with it?

differentnameforthis Sat 06-Oct-12 12:03:43

The crux of it is, that NONE of that would have happened if 1] the mother didn't create a web of lies to abduct them in the first place & 2] she hadn't ignored the return order & gone into hiding.

TheTermagantToaster Sat 06-Oct-12 12:06:54

My first thought was that it's terrible that the kids should have been left in Australia, as they wanted.

But then I started to imagine how I would feel and what lengths I would go to if my DH decided to try this with our kids (and his country are not currently even signatories to the Hague Convention) - well, I would be devastated. Desperate. I would go to any lengths. If it took two years and they had been turned against me by the time I got them back - I would still do it. Because I would never stop loving them. Possibly selfish, but nowhere near as selfish as child abduction.

ItsAllGoingToBeFine Sat 06-Oct-12 12:16:58

No the kids shouldn't have been dragged to the aircraft by the police. But what other option was there?

Ignore the law because the kids were upset? There is a no other way to do this.

What should have happened is that the mother should have taken them back with her.

The method of removal is not the fault of the police, but the fault of the mother.

charlottehere Sat 06-Oct-12 12:17:54

She kidnapped the children,no? Sue caused this. hmm

charlottehere Sat 06-Oct-12 12:18:25

Sue, she.

SaraBellumHertz Sat 06-Oct-12 12:20:13

I also live in a country where police are routinely armed.

I understand that the police are ordinarily armed in Australia.

That does not negate the argument that there are some circumstances where exceptions should be made and dealing with young vulnerable children who are frightened is one of those situations where, IMO, the guns should have been dispensed with.

However, since the maternal grandmother is clearly quite mad and possibly dangerous I can quite understand why any available discretion was not exercised

Morloth Sat 06-Oct-12 12:45:30

You can't ignore the law because children have tantrums.

I sometimes have to force DS2 bodily into his carseat, he will kick and scream and shout No. But into the carseat he goes because it is what is best for him and it is the law whether he likes it or not.

The parents had the ability to make this less distressing they chose not to.

AmberLeaf Sat 06-Oct-12 12:51:24

Tantrums? at 15 years of age?

differentnameforthis Sat 06-Oct-12 13:03:09

Has anyone considered that perhaps they didn't have time to disarm? Not that I believe they should have, because I don't! People here know that you need/cross/call the police, they turn up armed.

Once again, it is a red herring. It needs to be dropped because people are using it to make it seem like the Aus authorities are bullies because the police took guns. And in fact, it was the Australia Federal Police, not the state police. So they are even less likely to disarm.

Morloth Sat 06-Oct-12 13:08:26

Haven't met many 15 year olds?

I was a melodramatic PITA at that age, I can remember screeching at my mother that I hated her and was leaving home. She told me that was probably for the best and I should do so now, while I still knew everything.

Seen the thread on Parenting where posters are comparing teenagers and toddlers?

The girls did not want to go, and they were making it as difficult as possible, fair enough. But Australia cannot ignore the law because they don't like it. We just can't, because it is a much bigger issue than what 4 people want.

If the judge believed they were in danger in Italy then the judgment would have been different, of this I am sure, there was no indication of that though so the law was enforced. I agree with the Hague Convention, we signed it, we can't just decide to ignore it because someone is upset.

They are children and they acted like children. Their Mum had the power to make this a much easier ride.

AmberLeaf Sat 06-Oct-12 13:20:03

I have a 15 year old.

Toddlers tend to tantrum due to frustration and inability to express their wants [and cutted up pears] but I think if a 15 year old reacts in that way they certainly know their own mind.

Morloth Sat 06-Oct-12 13:30:21

So you think a 15 year old should have complete say over their own lives?

If so what was the UK's problem with the kid whose teacher took her off to France? Should they not have just been left to it?

I want Australia to reach out and pull back any children unlawfully abducted from here, so I agree with that very same law being enforced in this situation.

A 15 year old is a child under this law, she doesn't get to decide, the adults do. The adults in her life have fucked up, no question but we can't just ignore something we signed based on one child's feelings.

If she were in danger I would be right with you, but she isn't, she just doesn't want to.

LineRunner Sat 06-Oct-12 13:41:03

The "UK's problem" with the Megan Stammers case was was that her teacher broke a very specific UK law about relationships with pupils under the age of 18.

I think she was spoken to in Fance for some days, her family were flown out, and she was gently persuaded to return home with them.

LineRunner Sat 06-Oct-12 13:42:20

There are ways and means, you know. I always prefer the kindest, least physical, least violent option.

differentnameforthis Sat 06-Oct-12 13:43:01

Amberleaf, they will be heard. But they need to be in Italy & it is there that the decision will be made. They can't be heard over here. Beside which, the mother took them ILLEGALLY!

The girls were happy to go home a year ago, when interviewed before the order was granted. Once the order was granted, their mother took them into hiding & manipulated them so much that now they don't want to go.

Redsilk Sat 06-Oct-12 13:44:42

As I said yesterday, the older girls have been programmed by mom and her family to throw more tantrums when they arrive. I will bet good money.
Question is how sensitive the press will be to the difficult challenge the dad now faces with his older daughters on a mission to destroy things.

differentnameforthis Sat 06-Oct-12 13:45:11

Linerunner, that was tried. You think that the AFP LIKED what they had to do? Do you think that they decided to forcibly remove those children? You think they enjoyed it?

It would all have been unnecessary if mum had done what she was told a yr ago & got them (and herself) on a plane.

BoneyBackJefferson Sat 06-Oct-12 13:46:33

do those that believe a 15 year old wishes should be heard believe that the views of a 13 year old should be heard?

Because the mother didn't afford her the same option when she abducted her.

differentnameforthis Sat 06-Oct-12 13:48:24

When I was 14, if you have tried to take me from my mother I would have what these girls did.

Because I loved my mum & my dad was abusive. He was a lair, his whole family hated us. His new wife was a child beater.

Only none of that was true. My mother lied. She manipulated me to hate my father. It happens.

Morloth Sat 06-Oct-12 13:48:43

What, like what had been tried for 2 years?

So it is ok to enforce that specific UK law but Australia is not supposed to enforce its laws because it got messy?

If Megan had kicked and screamed and begged to be kept with her teacher would it have been OK to do so?

If my children are ever abducted from Australia I don't want there to be precedent for that country to tell us to get knotted. Even if my children behave like disturbed children.

We agreed to the law and have enforced the law.

I have sympathy for the children, it should never have come to this.

differentnameforthis Sat 06-Oct-12 13:49:49

BoneyBackJefferson Exactly.

differentnameforthis Sat 06-Oct-12 13:51:48

The "UK's problem" with the Megan Stammers case was was that her teacher broke a very specific UK law about relationships with pupils under the age of 18

Fair enough. But in this case, the mum broke a very specific universal law that YOU DO NOT ABDUCT CHILDREN.

BoneyBackJefferson Sat 06-Oct-12 13:52:32

LineRunner

"There are ways and means, you know. I always prefer the kindest, least physical, least violent option."

the last time these where tried the mother took them in to hiding, So how would you have dealt with it?

LineRunner Sat 06-Oct-12 14:11:21

Are the Australian police not looking into the very specific issue of the force used on the girls and whether it was proportionate? I expect if there are any 'lessons learned' they will come out through that reflective process.

If the way the police performed turns out to be the only possible way to have handled placing four girls on a plane flight, ever, then I'm sure that that will be also be highlighted.

scottishmummy Sat 06-Oct-12 18:41:22

the mother broke the law,she abducted the girls.
law must be upheld for other parents, can't pick and chose
if a father abducted kids would folk say ach theyre settled leave em be. no they wouldn't

saffronwblue Sat 06-Oct-12 22:46:36

The mother's family have been playing to the media the whole time. The judge commented that a relative had said to the girls " This will look good on the news!" at one point. I think the whole two years has ben very damaging to the girls and the responsibility for this lies with the mother.

adogforever Sat 06-Oct-12 22:50:08

news.ninemsn.com.au/article.aspx?id=8544069

9 news the 4 girls beg the reporter to take then home to Australia while the father Tommaso Vincenti drags the one of his daughters in a very rough drag behind the gates of the villa the other hanged on to the gate for a hour until the police came, as usual his mother the nunna was involved.
There is something very wrong in this case that they want their mother and I feel in the end they will be destroyed.

Morloth Sat 06-Oct-12 22:53:05

Shrug, the mother is free to lodge a complaint against the AFP.

I, and every other Australian I have chatted to about this think that the AFP were not at fault here so I doubt there will be much public pressure for them to 'reflect'.

bisjo Sat 06-Oct-12 23:06:57

I find it extremely odd indeed that the father has separated the older and younger children. How is that supposed to help them adjust to being back in Italy?

LineRunner Sat 06-Oct-12 23:10:34

I just watched that news report, adogforever.

Awful. More dragging, more force, more police, more pain.

scottishmummy Sat 06-Oct-12 23:13:42

if police were recovering children from a father overseas to return to uk
would the mn opinion be no.leave them be
the law needs to be upheld and enforced.

LineRunner Sat 06-Oct-12 23:15:47

Couldn't care less who is male or female in this.
Those girls are being treated like shit.
They have rights too.

bisjo Sat 06-Oct-12 23:16:45

I would be saying the same if it were the mother. Separating siblings is completely wrong imho.

scottishmummy Sat 06-Oct-12 23:18:55

the father had rights.the mum breached his rights
there are global legal principles to be upheld here
is shame became such a bunfight

Morloth Sat 06-Oct-12 23:21:18

Yes, they have the right for the family court to hear their case and make a decision.

I hope the Italian courts expedite this as much as possible so it can be sorted out.

If I were the mother in this case I would be ensuring good legal representation and applying as much pressure as possible to get this heard NOW.

LineRunner Sat 06-Oct-12 23:21:26

The rights of the girls are the only thing I have discussed on here since yesterday.

bisjo Sat 06-Oct-12 23:23:01

I would have thought that the girls have the right to be together. I am surprised that the court order didn't stipulate that.

Morloth Sat 06-Oct-12 23:27:15

If he is breaching orders then he needs his arse kicked as well.

They should all get to make their submissions (including the children), all the evidence be presented and then an impartial ruling needs to be made as to what is best for the kids.

Clearly their parents are incapable of this sort it should be taken out of their hands.

adogforever Sat 06-Oct-12 23:28:13

One wonders are the 4 daughters needs looked after? what do they want or where they live and it seem they want their mother and Australia, he said in Australia they could have contact with their mother and on this news report the daughter cry they are not allowed to talk to their mother not even a phone call to settle them down and adjust, a lot of talk about Laura Garrett and her original family has no bearing on her what her or her children , this is about the parents of these 4 daughters and their happiness, so please no more talk of white trash and the like which I feel is degrading to the family and these girls.

Redsilk Sat 06-Oct-12 23:44:23

adogforever, I just watched the video and it's exactly what I said would happen yesterday and again today. The older girls have been programmed by mum to bring hate and problems. The dad will have his hands full. But they'll get over it.

Leave it to an idiot Australian reporter to invade such a private and delicate moment. She ought to be in jail.

Again, I've said here repeatedly that the older girls were poisoned against the dad and they were coming to bring trouble. I'm sorry to have been shown to be right.

I've also said mum is a liar about not coming to Italy.

Redsilk Sat 06-Oct-12 23:49:29

The girls are 14 and 15. My guess is that they want their friends (and boyfriends) more than anything else. That's their age.

This also shows the girls are not being kept by the Italian authorities, as was suggested yesterday. But if they keep up this behaviour, they soon will be.

The girls have not lived in Italy for 2 years. Give the dad a chance to deal with the challenge he's facing. Not an easy one for any parent.

adogforever Sat 06-Oct-12 23:54:29

http://www.couriermail.com.au/news/sisters-at-centre-of-custody-dispute-in-traumatic-scenes-at-fathers-italian-villa/story-e6freon6-1226489984517

It has been reported in Italy the mother could be charged so this shoots your idea down

Morloth Sun 07-Oct-12 00:00:32

She doesn't need to physically be there to fight for custody.

LineRunner Sun 07-Oct-12 00:08:52

Oh dear. The officials in Florence won't rule out prosecuting the mother.

needanswers Sun 07-Oct-12 00:14:24

I dont see anything in the most recent linked article that suggests anything other than a family who want to heal.

The family have made it clear they dont want to prosecute.

The Australian authorities separated the children not the father.

He is right, all the media at their gate wont be helping them at all, so what if the grandmother is there, so she should be, med families hold family and extended family veyr dear, which makes it all the more wrong she spirited the girls away from everything they knew in the first place.

Redsilk Sun 07-Oct-12 00:16:04

adogforever, I'll bet you a good Italian dinner that the mum does go to Italy and that she doesn't get arrested. If i lose, my skill is limited to a mean spaghetti Alfredo, which I've been told is not Italian. So we'll have to go out.

If these were my children, not even the risk of a life sentence would stop me from going. And I really don't think a prosecutor will waste time pursuing charges without a complainant.

Also if these were my children, I'd be getting short on patience with the behaviour of these older two.

LineRunner Sun 07-Oct-12 00:16:32

It would help if the Italian authorities would rule out prosecution. What a slap in the face for the Australian judge.

adogforever Sun 07-Oct-12 00:23:01

redsilk have to ever lived in Italy? or been married to a Italian?

Redsilk Sun 07-Oct-12 00:24:10

If my teenage daughter were suddenly whisked away to live with dh's family in another country, she would yell and kick and scream.

But not because she misses me. Alas, those years are gone.

No, she'd want her friends and especially her boyfriend.

Hormones

The price of being a mum is that your children take you for granted by this age.

adogforever Sun 07-Oct-12 00:25:47

redsilk that may relate to your daughter but not everyones daughter is like yours

Redsilk Sun 07-Oct-12 00:26:16

Adogforever, I've visited and am certainly open to the idea! Why? got any suggestions for me?
smile

adogforever Sun 07-Oct-12 00:29:45

The more these girls are bounced around by the father and his family and the reporting to the news about their mother they will only make them stand up and fight for what they want, and if they come down heavy on them they will run away. fact

Redsilk Sun 07-Oct-12 00:31:16

No, I suppose not. But I've always felt that the expression that says it all is the one that having children is to forever to have your heart go walking around outside your body. So I suck it up and don't complain. I know I'm loved. And, more important, I know that my love is felt. And that's all that matters.

14 is a rough age for any girl. Lets not forget that.

adogforever Sun 07-Oct-12 00:32:06

redsilk just step back and take a breath you may see things different.

Redsilk Sun 07-Oct-12 00:35:33

Adogforever, agree fully with your last comment. These will be challenging weeks to come.

When my family lived through a similar situation, it took a few months for the children to restore the normal attachments they previously had. But then it all passed.

My advice to the dad is to show the girls he won't prevent contact with their mum and that he does not speak ill off her to them despite any anger he may feel.

Redsilk Sun 07-Oct-12 00:36:55

Adogforever, the comment I agreed with was not the one about breathing. I do ok in oxygen intake. But thanks for the concern.

AmberLeaf Sun 07-Oct-12 03:37:45

Just watched that video.

I really hope all of you who are blaming the Mum and who think the girls are only reacting like that because they have been manipulated by her are right, because the alternative interpretation of the girls behavior in that video is awful.

Mosman Sun 07-Oct-12 04:02:08

This actually makes me laugh because when I wanted my Australian ex to pay half towards his daughters school fees I was told the British courts had no durestriction so even if I won at great expense they couldn't enforce the order. Apparently that doesn't work both ways, cannot wait until my girl turns 18.

Morloth Sun 07-Oct-12 06:14:41

The children were removed from Australia in accordance with the Hague Convention Mosman, unless your ex abducted your daughter and ran to Australia with her, then there is no parallel at all.

Redsilk Sun 07-Oct-12 07:21:17

Mosman,
If you have custody and your ex doesn't appear and oppose your demand, you should be able to get an order and then go about having it recognized in Australia.
In your shoes I would talk to an Australian lawyer first to see what you need to enforce against your ex.

differentnameforthis Sun 07-Oct-12 08:01:52

*like the younger girls, the older girls arrived in Italy without incident.
They were calm upon arrival at their home and tired after a long flight.
It was later discovered that they had a mobile phone & communicated with someone, who surely advised them that Australian media was coming to the Villa. Upon hearing that the media was at the gates of their home, they made a scene in front of the cameras. In trying to protect his daughters, the father was attacked by six of the Australian media at his property. The father was kicked - which resulted in an injury to his leg and a dislocated, possibly broken finger. He required medical attention at the hospital. The fathers address was not publically known, and not provided to the media by any of the Italian family or friends. The father and the family understand that it will require patience to re-establish the harmony the girls once experienced in Italy, and reverse the painful stresses they have endured in the last two years. Unfortunately, the children have been subjected to media attention since their arrival in Australia. Now they have returned to Italy, in the care of their father, we ask the media to please leave these children alone so that they can resume a normal life. The actions of The Courier Mail & Channel Nine have been particularly invasive*

Once a gain, clever editing by the media to make dad look bad. And of course the girls are fighting out, they have been brainwashed to hate their father & his family.

Tell me, it is a good idea for the press to behave like this??? To whip the girls into a frenzy & then attack the father?

differentnameforthis Sun 07-Oct-12 08:04:26

adogforever

It has been in the open all along that the father dropped HIS charges against her, but there was no guarantee that this would hold true, because apparently the authorities can decide to press charges anyway.

differentnameforthis Sun 07-Oct-12 08:07:28

The woman in that news report should be shot. You can see it in her face, she is almost fucking gleeful at what happened! She riled the girls up...well done. I hope she sleeps well tonight.

differentnameforthis Sun 07-Oct-12 08:09:06

Oh & no one was being dragged in that video. Yes, they were being taken out of the media spotlight, but I certainly wouldn't call it dragging!

Xenia Sun 07-Oct-12 08:30:34

What that mother did is absiolutely disgusting. She took 4 children away from their father 2 years ago for a month's holiday. She lied, She kept them there. Imagine if he had taken them away like that against the law to another continent! It is absolutely imperative we support the Hague Convention (which says you cannto just remove children to another country). By all means apply to court for permissino to move them if the other parent does not agree and then the court will decide what is best but you nwever never ever steal chidlren like this from a parent and the more mothers and fathers know that there are severe consequences for it the better.

Fishwife1949 Sun 07-Oct-12 09:58:26

I heard oz is very strict on these things favors joint custody

Heard from people whom have emigrated and had o stay as the courts would not let them bring there children bak to the uk

Hes is most likey a shit even more reason why she whould have done things right

Fishwife1949 Sun 07-Oct-12 10:00:11

I heard oz is very strict on these things favors joint custody

Heard from people whom have emigrated and had o stay as the courts would not let them bring there children bak to the uk

Hes is most likey a shit even more reason why she whould have done things right

Mosman Sun 07-Oct-12 11:06:28

Which is exactly why I find this so odd the children are as Australian as they are Italian

Redsilk Sun 07-Oct-12 11:11:29

differentname, where did you get this, a press release from the italian family?

I've thought the Oz reporting was disgusting and exploitative in the last weeks and completely indifferent to what the children are really experiencing. What a bunch of thuggish child a users these reporters are. I hope they get arrested.

Seriously, what's the dad supposed to do with his daughter hanging on a gate shouting hysterically at the media? "Go ahead dear, if it makes you feel better." My dad would have hauled my arse into the house and made me regret acting that way in public.

Redsilk Sun 07-Oct-12 11:49:01

This is all playing pit faster than I had predicted. Next move will be Lying Mum's announcement (expect it within days) that she's going to Italy after all.

Only her daughters were gullible enough to believe her.

MaryZed Sun 07-Oct-12 12:03:52

How are they as much Australian as Italian? They were all born in Italy, the oldest one spend 13 years of her life in Italy, only two years in Aus [baffled].

It seems to me the mother is still winding them up, trying her best to undermine the father from thousands of miles away.

And the press should be ashamed of themselves - as per bloody usual hmm

Mosman Sun 07-Oct-12 12:14:55

My understanding is once they are in Australia they are Australian and unless both parents agree to them leaving then they can't. I guess the issue is that both parents didn't agree to them entering Australia in the first place and how she managed that I don't know, the hoops I had to jump through to get mine in with their father.

BoneyBackJefferson Sun 07-Oct-12 13:55:45

Are those that are supporting the right for the children to stay with the mother not wondering why it was only an Austrailian news crew outside of the fathers house?

differentnameforthis Sun 07-Oct-12 14:07:27

Which is exactly why I find this so odd the children are as Australian as they are Italian

You have to remember that they have spent all aside from 2 yrs in Italy. So subtracting 2yr from their ages, 7 -13 yrs spent in Italy. I would say they are actually more Italian, than Australian. They are pretty much only Australian by descent. I know that that means they are Australian, but really, culturally, they aren't. They couldn't even speak a word of English when they left Italy.

Like my 9yr, been here since she was 3. Speaks with a accent, have Australian phrases, calls things by their Aus name. Even tho we aren't Australian, she is now culturally more Aus than she is British. She has all but the vaguest of memories of the UK. My 4yr old. Born here, is Australian. More Australian than she is British, despite her British heritage.

Redsilk Hidden sisters fb page.

I am also dismayed that the Australian family have set up a fb page asking for $$ to enable the girls to be bought back here. People ARE donating, but they are being conned. Mum will never get permission to keep the girls here now, no judge in the land would grant her that after the way she has played this all out. So those donating are wasting their money!

Only her daughters were gullible enough to believe her Unfortunately not! One of my friends is wholly on her side. Shouting down anyone who dares to say that the mother did anything wrong.

Mosman, she lied to the embassy. She told she had permission from their father to live here. She conned them so much that they even paid for airline tickets & gave her $$ for when she got here. They are secretly rescheduled her flights to help her "escape" earlier, as she said she feared the father would cause trouble at the airport.

All this time the father was under the belief that it was to be a short holiday. He had already said that he didn't approve of them living here, so in pretence she dropped that & took her time to persuade him to sign passport forms, saying that she would just have a holiday instead!

differentnameforthis Sun 07-Oct-12 14:12:11

BoneyBackJefferson Of course they aren't. smile Anything that comes from the Australian side (press, family etc) is not to be questioned.

differentnameforthis Sun 07-Oct-12 14:26:02

Someone mentioned about the father having split the older & younger children. I have read that the reason for this is because the younger two are calm & seem happy to be there & the older 2, not. So for the sake of the younger two he decided that they should stay close by, with close family while the elder two clam down & adjust.

I don't see anything wrong with that at all. Why have 4 traumatised children?

Interesting

differentnameforthis Sun 07-Oct-12 14:27:26

*calm, not clam. Fat fingers smile

GoldShip Sun 07-Oct-12 14:31:32

It's disgusting.

MaryZed Sun 07-Oct-12 14:35:15

What is disgusting, Goldship? Taking four children away from their father and the only home they have known, hiding them in another country, and telling them loads of lies?

That seems pretty disgusting to me.

GoldShip Sun 07-Oct-12 14:36:00

It's disgusting. They're 6 years younger than me. I think some people on here have forgotten what it's like to be 16. Imagine being taken away from your HOME and your MOTHER to a completely different country. I'd kick and scream and fight ANYONE who tried to do that.

This should be about law, this should be about what's best for those girls and this hasn't been handled right at all. It's barbaric.

GoldShip Sun 07-Oct-12 14:37:06

Maryzed - I don't really care about what happened before. I care about what those girls are going through now.

Does anyone know why the mother ran anyway?

Xenia Sun 07-Oct-12 14:37:29

It's a legal issue., Most civilised countries have agreed the Hague Convention against child stealing by a parent which means if you want to move your children away from their other parent you need court permission. It is a very serious matter if you breach that. Apparently here mother pretended she was taking them to Australia for one month and then never sent them back! No one should behave like that.

GoldShip Sun 07-Oct-12 14:38:40

Xenia you're completely right she shouldn't have done it, but what's done is actually done and whereas the mother should face some sort of punishment, the girls shouldn't.

MaryZed Sun 07-Oct-12 14:39:54

Well you should care about what happened before.

Their mother took them away from their HOME and their FATHER to a completely different country. Would you have cared about them two years ago, or is it only now you care about them?

If your ex took your children thousands of miles away and hid them so you couldn't see them, would you fight to get them back? Or would you say "oh, well, they are happy there, I'll leave them to it?"

This has wider connotations for the thousands of children who are taken from their homes and their parents every year and taken to another country. The law is that they should return to their HOME country, and that the courts in their HOME country should determine what is best for them.

MaryZed Sun 07-Oct-12 14:40:34

"What's done is done" - would that be your opinion is your children were taken?

Xenia Sun 07-Oct-12 14:43:41

This is the problem - if one parent breaches the law as they do every day of the week in not letting a child back with the other parent not not allowing any contact ever, then a status quo emerges where the child is bonded with that parent and parents (wrongly) exploit that all the time and of course courts are left to decide do I change that status quo. That is why we need these proceedings to be much much faster and ensure there is no chance for the child to get used to never staying with daddy half the week or never seeing him or staying with mummy abroad when she stole the children in breach of the law.

Now we are where we are I really don't think we can give in all the time to parents who steal their children abroad. That is why so many nations signed this Hague Convention - it is very clear and very very fair and I wish mroe nations stuck to it (one poor parent has children in Japan they can never see - they wrote about it earlier this year because Japan does not enforce the convention - the children are British and were born here).

Darkesteyeswithflecksofgold Sun 07-Oct-12 14:44:37

Sounds pretty horrible and very likely to me. We don't know where in Italy the father is from. Having spent some time travelling there I can see how this would happen - some of the villages are extremely insular, and horribly backwards to western standards (think women being possessions of men, grandmothers/mothers running the families and DILs being expected to wait on their MILs hand and foot). Remember abuse doesn't have to mean physical beatings etc and the law courts are full of older, more 'traditional' men. If it is one of those type of villages that the girls are going to they are going to be treated as second class citizens from the word go.

Eve you are bang on the money. Half my family is Italian as is my mother.
Ive been talking about it on the JS threads.
If GOD FORBID anything bad happens to those girls in Italy they will be blamed for it. Victim blaming and woman blaming is rife.

BoneyBackJefferson Sun 07-Oct-12 14:44:52

Goldship

If the mother had done what was right two years ago the girls would not be suffering now.

GoldShip Sun 07-Oct-12 14:46:28

If it were my children I wouldn't want them to have to be dragged to me kicking screaming and crying. Of course I'd want them back, but I wouldn't put them through that distress. I'm sure any unselfish mother would be the same. I would want to uproot them. I'd have to find a different way. Maybe even moving to them.

differentnameforthis Sun 07-Oct-12 14:47:11

GoldShip

Have you read this thread? They were taken away from their entire lives 2 yrs ago. Taken away from friends, family, their home.

That is what is barbaric. She snatched 4 non English speaking children away from a happy life (that they have professed to miss & love) and she has kept them in the media spotlight for TWO years. Winding then so tightly that they have acted exactly how she wanted.

Don't tell me that what the AFP did was unfair & barbaric, because, not to sound too juvenile, the mother started it!

You can't tell me that what happened this week was barbaric, but what happened 2yr ago was not.

The girls didn't even know they were going to leave, they also thought they were having a holiday. They didn't get to say goodbye to friends & family in Italy. They didn't get a choice then. They didn't get asked if they wanted this played out by the media.

How can you say that don't care about what happened before? You simply cannot say that, because to be able to decide what you feel about it now, you need to read all teh facts.

The fact is, is that NONE of this would be happening if mum didn't kidnap them in the first place.

GoldShip Sun 07-Oct-12 14:47:15

boneyback does anyone know what she was running from? I think until we know that it's not fair to condemn this woman.

GoldShip Sun 07-Oct-12 14:48:30

How can you say that don't care about what happened before? You simply cannot say that, because to be able to decide what you feel about it now, you need to read all teh facts.

Because I'm more concerned about what the girls are going through now rather than legalities.

BoneyBackJefferson Sun 07-Oct-12 14:51:54

Goldship

Do you know if she was running from anything?

One year ago all of the children where happy to back to Italy, now they are not.
The two younger children are happy to be home with their father the older two are not.
The mother has lied from the beginning, the father has done everything in law to get them back.

differentnameforthis Sun 07-Oct-12 14:59:46

Gold, before she left with the girls she told the father that she wanted them all (sans him) to relocate to Australia. That she no longer wanted to live there. He refused to give permission for the girls to relocate & refused to sign passport forms as he was worried she would do exactly what she did.

It is worth nothing that at the time they had joint custody of the girls, (father having them weekends & one night a week) with no perceived issues. No allegations of abuse of any kind.

Over time (and I have read this in an interview by her) she worked on him to get him to sign the forms, promising that she would take them on holiday & be back in a month. He finally gave in, she told the Embassy in Italy that he gave his permission for them to live here. Telling the girls (rather telling I think) that they were going on holiday. The Embassy arranged flights, money etc to help her relocate.

She lied to the Embassy. She lied to her children. She lied to their father.

You cannot say that you don't care about that, only that you care about what is happening now, because what is happening now is a result of what happened then.

Mosman Sun 07-Oct-12 15:00:30

Unless you've been in a family court where everything you say is interpretted as lies by the other side it's really really hard to know how you would behave under the circumstances. Yes the father has legally done everything right, doesn't mean he is at all.

differentnameforthis Sun 07-Oct-12 15:02:14

It is worth noting

BoneyBackJefferson Sun 07-Oct-12 15:10:10

Mosman, there is nothing to say that he has done anything wrong either. Where as the mothers lies and actions are documented.

Mosman Sun 07-Oct-12 15:27:14

These things are never black and white, I was made out to be a liar, I wasn't, the court told I'd acted in my own self interest, it wasn't. All down to who's barrister has the loudest voice at the end of the day. The children don't come into it.

GoldShip Sun 07-Oct-12 15:29:57

you cannot say you don't care about that

Well actually, without meaning to be rude, I can. I have the girls feelings in mind, no-one else's. No matter what laws have been broken before and which parent was in the right, they are the ones suffering now and their feelings should be taken into account.

differentnameforthis Sun 07-Oct-12 15:44:11

Having the girls' feelings in mind is great, Gold. But what about their feelings of 2yr ago? Do they suddenly not matter? How must they have felt to be forced into staying here? Not seeing their father? Being ripped away from their entire lives? Suddenly thrown into a new life of running, hiding, lawyers, psychs, court reps, media circus, all as unwilling participants!

If you do, as you say, have their feelings in mind, it needs to be all of their feelings in the entirety, from the absolute beginning of this whole sorry saga! Not just because they have been sent home.

differentnameforthis Sun 07-Oct-12 15:46:19

Mosman, but the mum here has clearly lied. So it isn't about who is the loudest at all.

niceguy2 Sun 07-Oct-12 15:47:13

Goldship. You might not care about that but the rest of us do.

What she did was wrong. The law was clear. The lies are documented. To allow her to get away with this not only is in effect allowing her to get away with a very serious crime. It also puts in danger thousands, if not hundreds of thousands of children all over the world whose parents have dual nationality and could relocate kids just like she has.

In short many women are sleeping safer tonight because of the Hague convention. There is a bigger picture here. The mum broke the law in a calculated and manipulative fashion. The fact you seemingly don't care about any of these things just shows me how blinkered you are to the facts rather than the rhetoric.

GoldShip Sun 07-Oct-12 15:50:48

Nice guy - the rest of you might but I'm not arguing with you and trying to change your opinion am I? So let me have my comment and you can have yours.

nkf Sun 07-Oct-12 15:53:59

The mother was wrong. Entirely wrong to take the kids away. She is the creator of any trauma the children have been subjected to.

differentnameforthis Sun 07-Oct-12 16:03:53

Darkesteyeswithflecksofgold

They live in Florence.

LineRunner Sun 07-Oct-12 16:06:31

The police and other agencies do have rules, irrespective of the 'cause' of any domestic situation.

differentnameforthis Sun 07-Oct-12 16:10:19

Not sure I follow, Line!

Xenia Sun 07-Oct-12 16:11:50

The law has to be strict otherwise other parents are incentivised to break it. There are few international abductions. A much more common issue is mother refuses father ever to see children are a divorce/separation. The courts do not act for 6 months because it takes ages to get reports. By that time children hate father and refuse to see him. Court experts say child does not want to see father end of story. It's very very unjust.

If we could get these cases before a court within 7 days of the mother refusing the contact visit we would have a much fairer situation without this terrible dilemma of children bonded to parent they live with due to lapse of time.

We all probably remember the English lady whose children were taken to Germany by their father (Germany is another bad one in not enforcing this convention very well - you can almost make a list of men never to marry from these countries as you might lose your chidlren and Muslim states). They then learned of course only German and in due course, years never wanted to see their mother. She married the British ambassador to the US but I don't think she reall even now the chidlren are adult will quite have got them "back" emotionally.

I suppose the moral is never marry a foreigner as you might lose your children.

niceguy2 Sun 07-Oct-12 19:13:47

Goldship. Of course you are entitled to your own opinion. And I am a firm believer of free speech. You comment away. I'm not trying to deny you your opinion. Just merely point out why I think your opinion is wrong.

You are more than welcome to do the same for mine. That's when it becomes a debate.

LtEveDallas Sun 07-Oct-12 19:21:36

Niceguy, as a matter of interest, did you re-read my posts?

VivaLeBeaver Sun 07-Oct-12 19:32:20

It's such an awful situation. Part of me thinks the wishes of the children should be put first as I always thought that children's interests should come before the adults. But if they've been brain washed then that's so unfair on the father. But then isn't it better that something is unfair for the father than for the children?

Then I know if I was in the fathers position I probably wouldn't think that. I'd want them back and just hope that I could somehow undo the brainwashing and rebuild a relationship.

Poor, poor kids.

needanswers Sun 07-Oct-12 19:41:36

I'm with Xenia - system here is shockingly bad for everyOne, children mothers and fathers, its too long, drawn out and adversarial.

AmberLeaf Sun 07-Oct-12 19:42:30

GoldShip

does anyone know what she was running from? I think until we know that it's not fair to condemn this woman

She alleges abuse/violence to both her and the children.

niceguy2 Sun 07-Oct-12 19:51:38

@LtEve. Sorry been away for the weekend and things had moved on. I've just looked at your last reply.

I think the point I'm trying to make overall is that the law is the law. It's clear and in this case unambiguous. Yes the kids were upset but that was entirely the fault of the mother. She put the court in an impossible situation. I'm sure the police didn't like their job much that day but they had to do it.

Like I've said repeatedly. You can't let this mum get away with clearly lying and intentionally breaking the law just because her kids are upset. Otherwise where do you draw the line for everyone else? What about all the other parents who then think "Oh well if she can kidnap her kids...so can I!"

I'm sorry the kids are upset. Really I am. But she had it within her power for the last two years and repeated opportunities to avoid this confrontation. She decided not to.

The emotional trauma inflicted on those kids are of her making. Not the courts, not the police. Whether or not the police should have been armed or not is a side issue and a minor point.

Nobody wanted this situation except mum. She got what she wanted. A scene.

MaryZed Sun 07-Oct-12 19:53:10

People keep mentioning abuse.

But as far as I can see, she never even alleged any abuse until after she had got to Australia.

And there is no doubt that the mother and her family have been emotionally abusive, but there seems no proof that the father has done anything other than follow the correct legal steps and try to keep in contact with his children.

AmberLeaf Sun 07-Oct-12 19:58:43

But what about the issue at the embassy when she was trying to leave Italy? they rescheduled her flights earlier because they feared he may turn up and create. Didn't she allege abuse then?

MaryZed Sun 07-Oct-12 20:00:09

Up until then, they had been happily sharing custody, and at no time had she mentioned anything about abuse. Not until after she planned to take them out of the country.

It looks as though she claimed abuse when he said she couldn't take them abroad to live.

AmberLeaf Sun 07-Oct-12 20:02:38

From what I've read they hadn't been happily sharing custody though.

Re the abuse, broken bones [the childrens] were mentioned.

MaryZed Sun 07-Oct-12 20:08:03

Where did you read that?

giveitago Sun 07-Oct-12 20:10:48

The girls will have been back in Italy for a few days now. Is there any word on how they are or has the media chase just ceased?

We live in an increasingly global society and the dynamics of dual national families are complex when when break down. Certainly if I had kids overseas with a national of the country and the relationship broke down I would be tempted to return to my country but what does that mean for the kids?Who knows - I certainly don't.

Why didn't these girls want to go 'back' to italy - is it because they didn't want to be seperated from their mother or is it because of something else (eg they prefer the country they are in now, or they have been 'brainwashed').

giveitago Sun 07-Oct-12 20:11:43

Oh just seen a news report - it seems the mother can go to italy as the only way she can be with her children. Is that right?

MaryZed Sun 07-Oct-12 20:17:01

The mother could always go to Italy. She just didn't want to, which is understandable. But you can't take your children away from their home, their other parent and their whole life just because you don't want to live there. It is (quite rightly) against the law.

She told the children she couldn't go with them, firstly because she wasn't allowed, and then she told them she would be put in jail. Then their granny told them she would kill herself if they went back to Italy.

No wonder the poor kids are upset angry

AmberLeaf Sun 07-Oct-12 20:19:28

Mary I can't remember where I read that, I will try to find it though if its still in my search history.

giveitago Sun 07-Oct-12 20:21:53

But I don't think this is the whole story. She is considered a criminal in Italy I guess but she's also possibly considered a criminal in australia because althought the kids have dual nationality they are Italian residents.

It must be hard. Hearing the voices of the children they are certainly OK in autralia in terms of their language skills as italian born youngsters.

Oh who knows - it's so hard for all of them.

Xenia Sun 07-Oct-12 20:23:48

Yesm, she could move to Italy. I remember talking to a man whose wife said - I am moving back to Australia (this was this year) and I am taking the 2 children (school age - son just won place at leading boys' school in London). Either you come or I take them. This man let her take them. I said to him if my partner did that even ifh e mvoed them to Saudi I would take a tent and camp in the desert right near them. He said back to me that he was too selfish although he will miss them and have them back here every summer. It is a real issue. It may sound racist but it is true - if you avoid marrying a foreigner there is much much less risk. She might move them to her mother's in Scunthorpe but it'#s not quite as expensive to visit them there.

The speed issue - well the Hague Convention is very important and we must respect it even if children have got used to an illegal means of living with a parent who has kidnapped/stolen them without court consent and even if the chidlren want otherwise otherwise we are sending out a message to all fathers and motehrs - take child abroad and bond with it and then you keep it.

What I would really like is contact decisions in 7 days. If you can save a British bank with teams of lawyers working 24 hour shifts in a weekend you can open a court at mid night on Friday night to deal with contact disputes, you can get each side's psychological expert to write a report in 2 days. Things do not have to take the 4 months social workers and CAFCASS and other low paid low grade state workers take. I think we need much much much shorter time limits on child contact issues.

MaryZed Sun 07-Oct-12 20:29:17

It could be even simpler than that Xenia.

In cases where children have been moved out of a country without permission of one parent, you don't need psych reports or lawyers, or appeals.

There should be an instant (next plane) return, exactly as there would be in the family had no visas. And it could be sorted out in the courts in the country of residence of the children which is what Hague was set up for.

It shouldn't have taken two years, because she should have been barred from going to court in Australia at all.

giveitago Sun 07-Oct-12 20:39:44

But we don't know what's going on. In that two years has the father who clearly loves his kids loads actually gone to see his kids or has it been just a legal case ie he's staying put and his lawyers just getting then back to him?

bruffin Sun 07-Oct-12 21:05:11

He went out in May to bring them home. There were photos of them together on the Facebook page started by the aunt that was linked above. The fb page has now been removed.

giveitago Sun 07-Oct-12 21:09:08

This May - din't he go straight out when he realised his daughters were not coming back home?

bruffin Sun 07-Oct-12 21:28:49

We don't know how many times he has been outbreaksand its irrelevant. It shouldn't have taken two years for him to get them back.

MaryZed Sun 07-Oct-12 21:35:02

He has been out a few times. Because he has visited them, and attended more than one court case.

It does seem the mother has refused to let him see the girls on some of the visits - but it's hard to know exactly what is happening as the media seem to have been completely blinded by the mother's story.

The only fact we know absolutely is that she broke the law by taking them in the first place, by refusing to return them at least twice and by taking them into hiding.

giveitago Sun 07-Oct-12 21:35:17

Well, if it were my kids I'd be straight over there.

Hope the girls are OK - they'll be back at school now.

Dual nationality relationships can be very hard when it comes to kids. So many posts on here when a woman can no longer stand her partner but has nothing else and no family in the UK and wants to go home with the child. You can see it from both sides.

segue Sun 07-Oct-12 22:19:17

The point is: the girls didn't want to go. They were not allowed to talk to the judge to put forward their point of view. This is just one disgusting element of this case and Australian law. They were not given a chance to speak in court. Anyone who saw last night's footage saw that they were screaming for their mother. This goes beyond "brainwashing". They simply didn't want to be there and this is what they've consistently said all along. The girls are old enough to be independent human beings with a life outside of the parents, and they were happy, well-adjusted kids, active socially and at school. They are really at an age where it is more about the community and less about the parent. They are certainly old enough to voice their preference, why wasn't this given any weight in court? I agree that the mother was wrong to take the children away in the first place, if there was no abuse. But the father certainly comes across as controlling; we just don't know the circumstances of life in Italy for the mother. But the girls are old enough to decide for themselves, and this is what very few of you are acknowledging. As far as our court was concerned they had no rights themselves. Also, the father can't guarantee that the mother won't be charged with a criminal offence in Italy. She could be arrested if she goes back. It is up to the Italian government if any charges are laid against the mother and it is likely they would be. The father knows this. The girls belong with their mother.

MaryZed Sun 07-Oct-12 22:26:00

They haven't consistently said it [baffled]

A year ago they said they loved their dad and liked living in Italy.

Letting them stay in Australia with their mum is saying to all parents "if you can take your children away from their other parent, go far enough away and hide for long enough, you can keep them".

Which is a dangerous message to send out to all the parents out there who are afraid that is what their ex-partners will do.

And how does the father come across as controlling? By wanting to live in the same country has his children?

When the case is held in Italy, the judge will take the older kids' opinions into consideration. The Australian judge can't because the case cannot be held in Australia.

Why do the girls belong with their mother and not their father?

segue Sun 07-Oct-12 22:49:01

The girls belong with their mother because that is their clear preference. Most children will naturally favour the mother over the father when push comes to shove. This is nature and has nothing to do with legalities. Yes, it is a dangerous message to send, that an abducting parent keeps the children, but none of us know what life was like for the mother in Italy. There have been claims of abuse but no-one knows how accurate this is. He comes across as controlling by direct quotes from today's Courier Mail (Queensland's main newspaper): "...he said he had not allowed the girls to talk to the mother since their return because he feared it would inflame the situation". He said to the mother "... it is impossible for you to speak to the girls. If she continues with the war and the struggles, it is not going to help anything". "My daughters think that with the Australian media near them today, the journalists will save them. But it's not the reality". You can draw your own conclusions.

TheEnthusiasticTroll Sun 07-Oct-12 22:52:38

What he is saying sounds very sensible, some one needs to take the reigns here and sounds like he has done the right thing given this situation. Not in the slightest ideal, but the reality of it is that she will inflame the situation.

scottishmummy Sun 07-Oct-12 23:00:36

Australia is signatory to Hague convention,thus must return the girls
lot handwringing and yes I do think there a gender bias on mn,re poor mutha
can't abduct your child it's not fair,it's not legal, and it's hard to establish facts in this case,so disputed

Morloth Sun 07-Oct-12 23:22:07

The Hague Convention is much more important than any one case.

They can be with their mother. In Italy.

I would be on the next plane and ride out the charges and all the rest of it if it was clear as it is in this case that the kids will be in Italy.

It is a ridiculous mess.

I am proud of the Australian Judge who knew it would be an unpopular verdict but stuck with the law. Good, that is what I want. Because one day I may need that law applied and I don't want precedents where it can be ignored.

The mother has the ability to put her case for custody before the Italian courts and if the girls say there that they want to live with their mother then I think that should happen.

I bet they end up splitting the kids, two older ones back in Australia with their mother and the two younger ones stay in Italy.

differentnameforthis Mon 08-Oct-12 03:07:01

Re the abuse, broken bones [the childrens] were mentioned

Which is pure speculation! There is no evidence that the girls are in danger with their father, otherwise the judge would not have realised them into his care!

differentnameforthis Mon 08-Oct-12 03:09:50

They were not allowed to talk to the judge to put forward their point of view

YES they were! A year ago they told the Authorities here that they would happily return to Italy IF their mother accompanied them. The return order was made with that in mind, It was after that order was granted that she took them into hiding & started her turn them against their father. Telling them that she couldn't return, wasn't allowed to, would be arrested, everyone in the "village" hated her etc. So they started to hate it all based on her words. And the outcome is what we have today!

differentnameforthis Mon 08-Oct-12 03:13:56

The facebook page is still up & running. There are pictures on there of a recent visit where the girls are surrounding dad, with cuddles & smiles.

differentnameforthis Mon 08-Oct-12 03:15:37

AmberLeaf they rescheduled her flights earlier because they feared he may turn up and create

She lied to dad. She lied to the embassy.

I have covered this. She lied!

differentnameforthis Mon 08-Oct-12 03:18:09

giveitago, yes, at the moment the only way she can see her children is to return to Italy. She has added an all new level to the custody issue by removing them. They won't be granted leave from the country to see her for some time, until it is all sorted (if at all, tbh. Which is why people donating to bring them back are wasting money)

differentnameforthis Mon 08-Oct-12 03:22:03

Maryzed, it should never have taken 2 yrs. The order was granted last yr (perhaps still too long) but the mother took them into hiding. On finding them recently, the courts/AFP acted as quickly as possible before tehy could go into hiding again!

differentnameforthis Mon 08-Oct-12 03:31:52

They simply didn't want to be there and this is what they've consistently said all along

No they haven't. Read the thread. Before the return order was granted (May 2011) the girls said they would happily return if mum went too. The youngest said she missed Italy & her father.

Shortly after (once mum had read the report that stated this) they went into hiding & the next time we see them, they all hate Italy &their father!

Australian law has bugger all to do with this, segue Australian Law DID NOT send them back The Hague convention did.

sashh Mon 08-Oct-12 03:57:48

They have been split up, the older ones are with their father but the younger ones are at a different address - that can't be good.

http://news.ninemsn.com.au/national/8544069/custody-sisters-beg-nine-reporter-for-help

http://www.facebook.com/kidswithoutvoices

differentnameforthis Mon 08-Oct-12 04:11:27

I have covered this below. They were separated because the younger two were calm & settling down & the elder two were not. The elder two were taken off the first flight as they were so upset. Knowing this, the father took the decision to keep the calmer two separate. The family thought it best to keep the younger ones calm, so away from the older ones for a while. It would seem they were right, as at least the younger two were not subjected to the attack on their father.

He reported that they were calm on their arrival (older ones) & only started acting the way they were on the video after the were found with a mobile phone & told the press were outside.

I wouldn't believe anything on kids without voices.

differentnameforthis Mon 08-Oct-12 04:12:07

And ninemsn are in trouble over the way they handled that scene in Italy, I heard!

Redsilk Mon 08-Oct-12 04:42:41

Article in the Italian press about the "seige" of the Australian journalists at the father's home
corrierefiorentino.corriere.it/firenze/notizie/cronaca/2012/7-ottobre-2012/bimbe-casa-poi-nuova-fuga-assedio-tv-australiane-2112145132813.shtml

Redsilk Mon 08-Oct-12 04:50:17

The above Italian article via Google translate: in addition to the violent and reckless behavior of the Australians in creating havoc to film, the article seems to say:
1. Lying mum is now arriving in Italy. Next lie to be shown will be her non-arrest
2. Older daughter has a boyfriend in Oz and wants to be with him, not mum
3. Father begged the journalists to leave his girls alone and was beaten. He has filed a criminal complaint.

PONTASSIEVE - "Please save us from this siege. I ask not only for the sake of the children, but also for that of their mother. " Thomas Winning, the father of four girls kidnapped ex-wife and brought to Australia two years ago - now back in Italy after a judgment of the Court of Brisbane - out of the family mansion to speak with two journalists in Australia. Despite a morning of hell, can do this with soft tones: "Your judges - the man says to the reporter - said they use the media that my ex-wife did our daughters is one of the errors that compromise the its position. So if you are on the side of the mother, never mind the children, keep the cameras away from them. " Yeah, because yesterday morning, two Australian television crews were presented at the gate of the villa in the countryside of Pontefract, and began to shout the names of the girls. The two largest, 14 and 15 years, returned Friday from the other side of the world (as opposed to smaller) did not take well the separation from the mother, are still very shaken and angry. So I sneak out of the house while their mother a journalist contacted by phone and handed it to her feel speakerphone.

His mother cried, the girls the same. "I did not understand what they were saying," explains Joan, his paternal grandmother. Thomas came running, has brought home one of the two sisters, and when he came back to take the other, asked the crew to leave because they were on a private road. "The people continued to take my daughter - says the man - I put a hand on the camera to lower it, but one of them has turned me an inch and I kicked." The manager would be an Italian coach who was there to support the Australian crew. The crew of Channel 9 the other hand, contends that it reacted after being attacked by the father of the girls. Vincenti went to be healed in San Francesco di Pelago, the finger swollen and a graze to the leg. Today will complaint (against unknown) for harassment and assault. It was the arrival of the police in Pontassieve to restore calm. But throughout the day the item is bounced Laura Garrett was arriving at the villa. Vincenti I have been informed by the Italian diplomatic sources that the woman would be landed yesterday in Fiumicino.

But she, in Pontassieve, no trace. To avoid further tensions in the afternoon the girls were taken away. Meanwhile, the office of Thomas, the lawyer Elena Zazzeri, explained that even if the arrival of Garrett, Vincenti should not make contact with her daughters: "In theory, it would still be valid joint custody in force in 2010, when the girls were brought to Australia - he says - but until a new decision of the Juvenile Court, Thomas has a duty to protect children from situations that might disturb them further. " Moreover, it is written in its judgment of 14 May 2012 pronounced by the judge of the Family Court of Colin Forrest Brisbane, counsel for Garrett gave up the mandate because the maternal grandmother had announced it was ready to kill the girls ("she would murder the children », is written) in the case where the daughter had lost the case. A Pontassieve, now the priority is the serenity of the four sisters.

"They will need a psychologist 'explains Zazzeri. "Until a year ago, I sent messages to me even intimate confidences - says grandmother Giovanna - and now the two largest not talk to me anymore." But it is the second child to suffer more than others, a beautiful girl, misty-eyed, that Brisbane has also left a teenage love. Fault of a justice that he did in 26 months what they should have done, in accordance with international law, in six weeks. "When the waters have calmed down, when Laura give guarantees to respect the covenants - promises Thomas - I'll be willing to agree on a joint custody between Italy and Australia. I just want the good girls. "

Mum sounds like the villain here to me too nice guy.

BoneyBackJefferson Mon 08-Oct-12 06:45:30

sashh

I very much doubt the preamble on the kids without voices page.

scottishmummy Mon 08-Oct-12 06:47:46

see the sofa judiciary doing case review.has anyone said gavel
cannot ignore Hague convention on case by case basis to suit personal bias
laws need to protect parents and children from abduction not go aww poor mutha

AmberLeaf Mon 08-Oct-12 07:08:05

Bad translation but his lawyer is saying thomas shouldnt let laura see the girls if she comes to Italy?

She lied to dad. She lied to the embassy

I have covered this. She lied

Yeah. I mentioned her alleging abuse at the embassy because someone said why did she only start mentioning abuse after she arrived in australia, or as you're saying only within the last year.

She didn't. she was saying it from the outset.

differentnameforthis Mon 08-Oct-12 08:03:33

It is worth noting that the boyfriend of the older is alleged to be 20.

differentnameforthis Mon 08-Oct-12 08:10:26

<sigh> She alleged abuse at the embassy to get the flight moved.

differentnameforthis Mon 08-Oct-12 08:16:33

Also coming to the fore are journal pages written by one of the girls. If you see them please bear in mind that none of them spoke English when they left Italy. They have been in hiding for a yr (so little schooling) and the grammar spelling of the journal pages is near perfect for each.

Just saying.

differentnameforthis Mon 08-Oct-12 08:17:19

Oh & they came here on return tickets!

differentnameforthis Mon 08-Oct-12 08:19:18

I haven't said she only alleged abuse in the last year, I have said she started it at the embassy.

niceguy2 Mon 08-Oct-12 08:47:21

The girls belong with their mother because that is their clear preference. Most children will naturally favour the mother over the father when push comes to shove. This is nature and has nothing to do with legalities.

As a bloke who has been the resident parent to my own kids for the last ten years, I actually agree with you. Other things being equal I'd usually say kids do lean towards their mum. BUT and it's a big BUT. That does not mean mum can do what she wants, break the law, lie, manipulate then expect everyone to dance to her tune because she is 'mum'.

And that's what's happened here. If she'd stayed in Italy and argued her case then fair enough.

As for the not allowing kids to speak to mum. Given how raw everything is right now and how seemingly mum has poisoned their mind against dad over the last year or two, it seems perfectly sensible to me that they be given a bit of alone time to adjust to the new living arrangements without mum winding them up into an emotional state.

Xenia Mon 08-Oct-12 09:00:48

Their mother broke the law. They can move back to their mother when they are 16 or 18 if they wish but they were brought up in Italy and she stole them against the law. It is crucial (a) the Hague Convention is respected - well done Australia and (b) that we try to speed up family proceedings.

I don't see why they cannot talk to their mother and the bigger ones will no doubt find a way.

MaryZed Mon 08-Oct-12 09:03:16

I wouldn't let my kids speak to their dad for a while if the last time he spoke to them he had called journalists, told them where my children were, spoken to them on the phone (in front of the journalists), had hysterics, and told them to start screaming and try to run away with the journalists.

Which seems to have been the mother's latest tactics shock

LtEveDallas Mon 08-Oct-12 09:10:10

Why is the father saying that he was attacked by the Australian Media when it is an Italian Photographer that has been charged?

Differentname, you seem very invested in this case, do you know any of the parties involved? Have you been involved in the actual courts process? A lot of the things you are saying you are stating as fact - do you know them to be facts, or is it just what you have read on the Internet?

differentnameforthis Mon 08-Oct-12 09:29:13

No I am not involved with anyone. Mush of it is from reliable sources & some the court transcript.

LtEveDallas Mon 08-Oct-12 09:34:48

Oh, so what you read on the Internet then.

Thanks.

MaryZed Mon 08-Oct-12 09:40:08

We are all going on what we read on the internet, surely?

And of course that The Hague Convention was set up and enshrined in International Law to prevent parents from abducting their own children, removing them from their other parent and their home, and refusing to return them.

If this thread was about a father of British-born children taking them from their mother to his home country (say, Pakistan for example) and refusing to let them see their mother, everyone would be cheering their return, complaining about them being brainwashed and baying for him to be jailed, no matter what the children said about wanting to stay in Pakistan.

differentnameforthis Mon 08-Oct-12 09:50:25

Dallas, where did YOU get your info?

LtEveDallas Mon 08-Oct-12 09:54:11

Mary, I'm not arguing that, not at all. The mother broke the law, yes. The children had to be returned under the Hague Convention, yes. A fair trial needs to be held, yes and so on. These are the facts and I fully suport them.

What I don't like are all the posts, written as if they are facts, when in reality they are pieces of information taken from biased news sources in the most part.

I don't like that some people are taking quotes from the fathers FB to show 'how great he is' and then rubbishing the mother's FB. Why is one person's FB page more likely to be the truth than the other?

I don't like the news reports from the Italian papers, I don't like the news reports from the Aus papers. They contradict each other, and of course they will, but again apparently what the Italian news reports is 'true' but what the Australian news reports is 'false'.

What you wrote about the mothers latest tactics - I'll bet you a pound to a penny that I could find the same story with a different slant.

The photo the father displayed of the happy family shot - I was really pleased to see that. I was so disturbed by how unhappy the girls were, that I breathed a sigh of relief to see that photo - except when I looked closer it turned out that it was actually taken 6 months ago whilst the children were in Foster care sad.

Both parties are manipulating the press to their own ends - but on here it seems the father is to be believed unreservedly. Based on nothing more than who can use google the fastest.

The problem for me is the children and how they are feeling, nothing more.

maybe the mother was escaping years of abuse - we don't know.
maybe the mother is a bitch who has alienated her children - we don't know.
Maybe the father is a controlling arse that treats the women around him like slaves - we don't know.
Maybe the father is a wonderful man that will give his children a wonderful life - we don't know.

bruffin Mon 08-Oct-12 09:56:15

ltevedallas- I think differentname is actually using the court documents for her information, all of which seem to be available on line, that is different from just quoting press.

LtEveDallas Mon 08-Oct-12 10:00:43

I don't think that is the case bruffin, For eg, the posts at 04:11, 08:03 and 08:16.

All info from FB.

differentnameforthis Mon 08-Oct-12 10:03:43

The mother has no money. She is a student. I doubt she could afford the flight, let alone be able to rent/buy a place to live. And if the village is in the sticks (as it sounds - but I dont know) then she won't get a job either

[Father is wrong to push for the children to be returned] when it is not what they want

All they know is that their mother tried to keep them, they were dragged from her arms, the 'system' didn't listen to them, and it's all their dads fault

You have stated the above on this thread as fact. How is this info different to mine? And yes, I have used court documents. But some of it is also from facebook. Where the father's side are having a reasonable, non inflammatory discussion as to what is happening, even with hose who are not agreeing/supporting him. Where as the mothers' side is shouting & yelling & being rude to anyone who dares question her. They are deleting those who don't agree with her.

I know who I believe.

differentnameforthis Mon 08-Oct-12 10:08:21

8:16 - it is common knowledge that when the girls left Italy, they did not speak English. [Ms Garning] said it would take a long time for her girls, who are aged seven to 13 and speak no English, to adapt to the Australian way of life from an interview the mother did that she took into court as evidence

8.03 - That the boyfriend is 20. Heard on the radio this morning.

8.04 - Yes on fb. But also on news.

But thank you for giving me a chance to clear that up!

Where did YOU get your info from?

MaryZed Mon 08-Oct-12 10:08:40

I don't have Facebook, I have read (some of) the court reports and the judges statements.

As to the statements about money - the father lodged 8,000 Aus$ to pay for flights home and was to provide somewhere for the mother and children to live. This was court ordered and agreed. And the village isn't in the sticks. It is just outside Florence.

differentnameforthis Mon 08-Oct-12 10:09:39

Sorry, last time should have been 4.11

LineRunner Mon 08-Oct-12 10:10:07

There are court documents about children on the internet? Wow. In my innocence I didn't think that would be permitted.

differentnameforthis Mon 08-Oct-12 10:11:28

I have linked to the money aspect. You asked me for a day or so ago, so if you look, you will find it. But in case you can't

Sat 06-Oct-12 05:12:42. Which was the court document as written by the judge.

MaryZed Mon 08-Oct-12 10:13:15

Yes, there are extracts. I was surprised too. The children aren't named, but both the parents are.

SkippyYourFriendEverTrue Mon 08-Oct-12 10:20:06

The court documents are on the internet, anonymised. Links from herehttps://www.facebook.com/notes/the-4-hidden-sisters/chronology-of-proceedings/296401390458541

LineRunner Mon 08-Oct-12 10:23:34

I wonder who put them on the internet.

Xenia Mon 08-Oct-12 10:25:36

The bottom line is however much the girls may not like it there is am ore important principle of upholding the Hague Convention and hard cases like this where the processes are slow will help ensure no mother or father steal children away again without court permission in those countries who accept the Convention.

What we really needed was on day 31 after their supposed 30 day holiday an Austrlian court was putting those girls back on a plane to Italy as their mother had broken her word that it was a holiday. The psychological issues are all caused by the fact of the delay and that's the major issue here - how to speed up family law cases so they are dealt with urgently.

differentnameforthis Mon 08-Oct-12 10:27:23

Line, I guess it is more the judges findings of the case, rather than court documents.

Redsilk Mon 08-Oct-12 10:27:30

AmberLeaf, good question. I think her lawyer is saying that the Italian court needs to take a position on visitation because Laura Garrett lost custody in Australia or was determined by a judge there to be an inadequate parent. Maybe someone who speaks some Italian can help.

Bottom line: no way any court (Italian or other) would let her waltz in and have unsupervised visitation after kidnapping her kids and putting them through this ordeal. She'll be lucky to spend a few hours with them on weekends in some neutral institute.

And my point was not that she lied before but that she's still lying now. it's shameful to make her daughters feel they will never see her again and then show up the following week as if nothing. Sick. What parent would intentionally traumatise their children like this?

MaryZed Mon 08-Oct-12 10:29:19

The link I saw them through was an online family law journal, with links to lots of family law cases. I suspect maybe things are different in Australia, and there may not be the secrecy about family law cases that there is in the UK.

LtEveDallas Mon 08-Oct-12 10:29:21

Differentname,
I get that you want to believe the worst of the mother - I really do, but I believe you are presenting your views as statements of fact - which they are not.

The mother has no money. She is a student In the court transcripts.

I doubt she could afford the flight, let alone be able to rent/buy a place to live Personal opinion - I don't know many students that could afford a flight from Australia to Italy. Do you?

And if the village is in the sticks (as it sounds - but I dont know) then she won't get a job either I said If and I said I didn't know. How easy do you think it is to get a job in a village out in the sticks?

All they know is that their mother tried to keep them, they were dragged from her arms, the 'system' didn't listen to them, and it's all their dads fault I said all THEY [as in the girls] know in the context of the rest of my post - ie looking at how distressed they were, in their minds it wasn't their mother that caused this - it was everybody else. Hysterical people rarely think rationally.

Where the father's side are having a reasonable, non inflammatory discussion as to what is happening Have you read the 'other' side? Have you noted how many posts have been deleted from the fathers FB page? It is all very clever and well controlled.

The three posts I have pointed out I believe are goading posts - the 'Just saying', 'worthy of note' (why exactly?). I don't understand why you posted them.

Mary,

As to the statements about money - the father lodged 8,000 Aus$ to pay for flights home and was to provide somewhere for the mother and children to live. This was court ordered and agreed. And the village isn't in the sticks. It is just outside Florence.

I hadn't read about the money, asked differentname where she got the info, and I also thanked her for answering.

I didn't know where the village was, or what 'type' of village it was - although I have to say, the Italian village where I was arrested was literally just outside a major city - we'd gone there to see if we could get cheaper accn. It was like walking through a rip in Time! Life out in the sticks isn't as progressive as life in a city, and I was concerned that the girls could be going somewhere where attitudes are very different from what they are used to. Nonna 'running' the family for her sons is not unusual. We found attitudes like that all over Italy, and funnily enough also in Cyprus when we lived there.

SkippyYourFriendEverTrue Mon 08-Oct-12 10:29:35

Indeed they are the court's findings, and are published on that basis as a matter of course by the Australasian Legal Information Institute, which you would see if you followed the links.

differentnameforthis Mon 08-Oct-12 10:36:21

I am adding to the discussion, dallas. Just like you. Yes, I have read the other side & as I said, given the attitudes of both sides, I know where I stand. I didn't realise you were critiquing my way of writing.

differentnameforthis Mon 08-Oct-12 10:37:15

Oh & she does have money. Father has made 8k available to her. In the court transcripts.

Redsilk Mon 08-Oct-12 10:40:24

LtEveDallas, I have the unfortunate advantage of my family having lived a similar experience. I know that mental health problems exist with abductors a high amount of time, personality disorders and sociopathic tendencies. Now that we know what mum is, everything is predictable.

So yes, Internet, but I've been calling Lying Mum's every next move since last week if you read my posts. It's like she's following an old familiar script for me and she hasn't deviated once. Unfortunately for her daughters.

Qwertyytrewq Mon 08-Oct-12 10:42:34

Aren't people allowed to think a mother is in the wrong?

differentnameforthis Mon 08-Oct-12 10:44:30

Qwertyytrewq

It would appear not.

Redsilk Mon 08-Oct-12 10:45:14

Pontassieve is a Florence suburb. We established that already. Population 20,000

en.wikipedia.org/wiki/Pontassieve

mustbetimetochange Mon 08-Oct-12 10:48:22

Italian villages in 1990 and Italian villages now will be massively different.

Really - these are rapidly moving times.

BigFatLegsInWoolyTIghts Mon 08-Oct-12 10:48:49

this is partly what puts me off EVER living in Oz. They're more American about things in their dealings.

LtEveDallas Mon 08-Oct-12 10:50:05

Ok, look, you obviously aren't getting what I am saying, so I'll stop.

I for one am NOT ready to demonise ANY parent, male or female without the facts. Blindly believing the mother OR the father is wrong. Slagging off the mother because you have decided to believe the father is wrong. Me saying "The father is an abusive bastard that the mother had to escape from" would be wrong.

For me it is like the Ched Evans case - the girl that was raped by Ched Evans was demonised all over the internet, called a slag, abused left right and centre by Evans supporters. She is still being abused now, even though he was found guilty and jailed.

I refuse to make a judgement on this woman for anything other than the facts - God forbid that evidence came to light that the father was abusive, how would I feel then? Fucking awful.

MY view is:

The mother was in the wrong to take the children to Australia. This is a fact and she will be dealt with appropriately.

The father was in the wrong to allow the children to be forced onto the plane by strangers. This is a personal opinion, I believe he should have been there to receive them, and if he was maybe they could have all travelled together instead of being split up.

The children are innocent and are the ones that are suffering the most.

LtEveDallas Mon 08-Oct-12 10:52:59

*Italian villages in 1990 and Italian villages now will be massively different.

Really - these are rapidly moving times*

I'd like to believe that, really I would. Although I had the same experiences in Cyprus, and that was in 2009.

SkippyYourFriendEverTrue Mon 08-Oct-12 10:53:40

"And if the village is in the sticks (as it sounds - but I dont know) then she won't get a job either I said If and I said I didn't know. How easy do you think it is to get a job in a village out in the sticks?"

The 'village' is a town of 20,000, 15 minutes from Florence by regular train, and where the mother was employed previously, in the tourism industry, an industry that attracts 8 million annual visitors to the city of Florence alone.

She would find it extremely easy to find a job given that she was fully bilingual in Italian and English and had spent her entire adult life, from 15 to 30, in Italy.

"Where the father's side are having a reasonable, non inflammatory discussion as to what is happening Have you read the 'other' side? Have you noted how many posts have been deleted from the fathers FB page? It is all very clever and well controlled. "

? Well yes, I wouldn't expect them to allow random abuse to be posted on there.

BigFatLegsInWoolyTIghts Mon 08-Oct-12 10:54:11

I toured Italy extensively in 2004 and again in 2010 and there wasn't much change.

mustbetimetochange Mon 08-Oct-12 10:54:59

Cyprus - is not Italy.

My mother is from a small village - attitudes now are unrecognisable from when I was growing up.

Redsilk Mon 08-Oct-12 10:55:22

Predictable next moves:
- dad goes to court and asks for mum to have only protected visits pending psych eval of entire family (hints of this from the lawyer in the Italian article)
- court will grant dad's request (don't see what choice)
- mum will keep up her media campaign, which will hurt her in Italian courts as much or more than it did in Australia. Best thing for her would be to shut up and calmly visit her DD's but she won't. This is all about her not her children.
- boyfriend issues of older daughters will continue to be huge challenge for dad (ahem...I think I called that too...they are at an age where boyfriends are seen as far more important than we are)
- courts will order dad to take girls to therapy if dad is not already doing it

Xenia Mon 08-Oct-12 10:55:45

Yet in order for many many m ore children not to suffer we hvae to stick to the Hague Convention. It is only that which stops any of us writing on this thread finding that next week our chidlren's father has put them on a plane to a Covention country and is planning not to return them. It is absolutely vital all mumsnetters shout from the roof tops how much we support the Hague convention and how much we are against parents of either gender taking children abroad without a court order.

The way the father may have managed the children getting home is almost nothing to do with this - it will be forgotten in a few weeks. The fact the mother took them without permission putting two fingers up to the courts and the legal system is not something most of us will forget .

The children suffer because of the mother's actions and her breach of the law.

They also suffer in my view because the courts don't return chidlren in 2 days but instead 2 years. Whilst I accept there needs to be a bit of time - 1 - 2 weeks say?) to check things I do not accept 2 years is okay because of the nature of children. It is an even bigger issue in no contact cases in the UK where the status quo is what is often then retained in the interests of the child. So if father (or mother) steals baby when it is 3 months and looks after it 24/7 for 3 years few judges would take it from him - here I am assuming both parents in England and denies other parent any contact at all. In other words you can play the system through using the delays built into it to bond children and form their views. That is very wrong. If the system had the aberrant parent who has stolen them or denied contact before the magistrates or someone else within say 48 hours of missing a visit it would be so much easier and less heart rending to sort out these issues. I would much rather we put money into this than foreign aid and foreign wars.

SkippyYourFriendEverTrue Mon 08-Oct-12 10:58:08

"For me it is like the Ched Evans case - the girl that was raped by Ched Evans was demonised all over the internet, called a slag, abused left right and centre by Evans supporters. She is still being abused now, even though he was found guilty and jailed.
"

That is absurd.

How do you compare a rape victim with a child abductor?

Just ridiculous.

And she is the one trying to demonise the husband from what I've seen.

Have you seen references to for instance the grandmother saying she would kill the children in the English-speaking media?

I didn't think so. This is despite the fact that the mother's own lawyer reported it to the court (after which the mother's family sacked her), and it is a fact, reported in several court judgements.

The demonization is all one way.

Redsilk Mon 08-Oct-12 11:05:55

On reflection, I find it ironic that the Australian media that responds each time mum beckons is instead sealing her fate.

No way a court will let the kids be put to this risk. Not in Europe. Mum's campaign is self-glorifying but wholly counterproductive to the cause of getting her girls back.

The Australian media has virtually ensured mum will get only limited access, which is a rare thing in Italy (mothers lose custody in less than 2 percent of cases)

LtEveDallas Mon 08-Oct-12 11:18:22

How do you compare a rape victim with a child abductor

What if the child abductor was escaping abuse? We don't know she wasn't. We don't know that she was, but reasonable doubt alone means we should not be calling her names and disbelieving her story. How damaging would that be if her story is true?

I believe in the MN "I Believe You" campaign. I support it, I follow it and I help where I can. I refuse to blindly accept that ANYONE deserves the vitirol that has been shown on this thread.

MaryZed Mon 08-Oct-12 11:21:15

It's all very well to have an "I believe you attitude". But in this case it has been found in court, by a judge, that a person has broken the law and lied on numerous occasions.

Should we continue to believe her, blindly? Or should we choose to believe the father who has yet to have any wrong-doing proven against him.

I really don't understand where you are coming from here?

LineRunner Mon 08-Oct-12 11:24:23

(Skippy, I clicked your link but it says 'This content is currently unavailable'.)

differentnameforthis Mon 08-Oct-12 11:26:54

Bigfat, how are we American thinking? Because we abided by the Hague convention & sent the children home. I for one am bloody pleased that the judge had the balls to do that! After that, I am proud to live here!

AmberLeaf Mon 08-Oct-12 11:28:10

If my childrens father was abusing them id break the law to get them away however misguided it may be.

AmberLeaf Mon 08-Oct-12 11:31:06

Why is everyone so sure this man wasn't abusive?

This is the part I don't get.

She behaved in a desparate way in what she did so it makes enough sense for me to have reasonable amount of doubt as to what sort of man he is.

Agree 100% with LTEve I cant condemn laura without knowing for sure this man is not abusive.

differentnameforthis Mon 08-Oct-12 11:31:08

The father was in the wrong to allow the children to be forced onto the plane by strangers

The father didn't allow that. The mother did. They would not have been forced in 2011. They would not have been forced last week. Their mother did not allow them to go peacefully.

Their father had nothing to do how they got on that plane.

I refuse to make a judgement on this woman for anything other than the facts Yet you are happy to pass judgement on the father, with little information. And that information has been given to you by the mother, via the media.

Alrighty then!

AmberLeaf Mon 08-Oct-12 11:32:54

differentname Im pretty sure LTEve said she doesnt know either way? so isnt passing judgement on anyone

differentnameforthis Mon 08-Oct-12 11:33:09

Aside from the fact that practically everything the mother has said from the onset is lies.

That I don't believe the judge would have returned them to his care if he had previously broken their bones.

That the girls stated they missed him & wanted to return just last year.

differentnameforthis Mon 08-Oct-12 11:33:40

The father was in the wrong to allow the children to be forced onto the plane by strangers = sounds like a judgement to me.

LtEveDallas Mon 08-Oct-12 11:35:51

But in this case it has been found in court, by a judge, that a person has broken the law

Yes, yes, and she should be punished for that. I have NEVER disagreed with that. Despite what other posters on here have said, despite other posters trying to put words in my mouth, I DO NOT support what the mother did and never have.

What I am annoyed about is the amount of woman hating, goading and generally 'slagging her off' posts that are on here. Posts that are smug and judgmental. Post from the fathers FB that are seen as the truth. Posts from the mothers FB that are seen as lies.

Take Skippy's post above - when I said about the posts that had been deleted. She automatically decided that I meant posts that were abusive being deleted, and was sarky about it. They aren't the posts I meant. I saw two posts yesterday, one on the fathers FB page, one on the mothers. They were exactly the same posts asking exactly the same questions - of BOTH the parents. I saw some of the replies. The post and comments on the fathers pages have now been deleted. The post and comments on the mothers page have been left, warts and all.

So the fathers page looks all fine and dandy and the mothers page full of Vipers.

You know, like happens here when new posters only look at AIBU. Or posts about 'horrible little kids' without considering SN.

Should we continue to believe her, blindly? Or should we choose to believe the father who has yet to have any wrong-doing proven against him

How about not believing either of them?

differentnameforthis Mon 08-Oct-12 11:36:51

How is this woman comparable to Ched Evans' victim?

The mother abducted 4 children .. therefore a perpetrator of crime
Ched Evans victim was raped .. therefore a victim of crime

I don't get that pairing, not at all.

MaryZed Mon 08-Oct-12 11:43:27

But you are choosing to believe the mother - that's what you said: "I believe in the MN "I Believe You" campaign. I support it, I follow it and I help where I can. I refuse to blindly accept that ANYONE deserves the vitirol that has been shown on this thread."

You are saying you believe the mother. They can't both be telling the truth [baffled].

I haven't (as I said) seen any of the Facebook stuff.

How can the father prove his isn't abusive? It's impossible to prove a negative. So since the mother has been proved to have broken the law, and has shown herself by her actions to be abusive and manipulative, why would I believe her side of the story over his.

It's not anti-women, or anti-mothers to say this.

And to be fair, The Hague Convention is predominately pro-mothers - it was put in place to stop mostly fathers "stealing" their children. Before Hague, many mothers lost their children to fathers taking them abroad and having the money and status and power in their own countries to keep them there.

No-one should be allowed to blatantly break law as regards the Hague Convention. It puts thousands of other children in danger. So the Australian authorities are working on behalf of those thousands of children, even if the immediate effect is that two children (and it seems to be only two) are temporarily upset. Awful as it may be for those two.

And I still hold this could all have been avoided had the mother got onto a plane with them a year ago (or 2 years ago for that matter).

LtEveDallas Mon 08-Oct-12 11:45:29

I refuse to make a judgement on this woman for anything other than the facts

Yet you are happy to pass judgement on the father, with little information. And that information has been given to you by the mother, via the media

For fucks sake - show me WHERE even ONCE have I passed judgment on the father? I haven't. Just because I disagree - stongly - with the way you are currently acting, doesn't make you right.

My PERSONAL OPINION is that the father SHOULD HAVE BEEN THERE with the girls on the plane. I have said this more than once. The mother COULD NOT go on the plane with them. They went on the plane with strangers.

The father WAS NOT in the wrong to want his girls home with him. But why did he not think to be there so that they had at least one of their parents with them? That is my only issue with the father - and it isn't a judgement, it was a question that I asked way back up the thread.

Redsilk Mon 08-Oct-12 11:55:39

I will tell you why the mum is wrong and why I believe the father is not abusive: because abductors always claim abuse (violence, psychological, or sexual). It is standard operating procedure in Hague return case because it is the only defense.

Mum's defense was heard by an Australian judge who based his decision on evidence that included an Australian psych eval of the girls. He concluded the father was not a threat. Which means mum was lying about that too.

Redsilk Mon 08-Oct-12 12:01:57

And why do I care that Laura Garrett is a lying liar?

Because real domestic violence exists and destroys lives. Statistically, wo,me like Laura Garrett are actually few and far between, and most abuse claims are real. But the lying, manipulating Laura Garretts have a disproportionate impact. They cast doubt on real claims of abuse. And abused women and their children are the ones who suffer.

Laura Garrett is not just a bad mum who hurt her own daughters with her theatrics, she hurt women whose beatings should never be doubted.

LtEveDallas Mon 08-Oct-12 12:11:28

because abductors always claim abuse (violence, psychological, or sexual)

Always? Really? What in every case? Every case that you have presided over, every case that you have been a Judge sitting on is that?

I refuse to blindly accept that ANYONE deserves the vitirol that has been shown on this thread

I don't understand why that baffles you? Why is it wrong for me to not want to believe something I do not know is true or not.

Ok, Fuckit, I'm obviously speaking Farsi again. Enjoy yourselves. Personally I don't get any thrills out of slagging off women I don't know. Funnily enough I don't get any thrill out of slagging off men I don't know either - well except Peter Andre, but that's a given.

You know, I wasn't believed either. Because I didn't act in the way I was supposed to act. But that was OK, because when he finally tried to kill me, he did so in front of witnesses. Thank fuck.

EldritchCleavage Mon 08-Oct-12 12:11:42

I see what LtEve is saying. We can't know what either of these parents is really like and what is truly motivating them, though the mother's actions in taking the children to Australia under false pretences was very wrong.

I suppose the father could have gone to Australia to help get the children back, but maybe could not afford it: he could have spent all that money only to find the girls had been taken into hiding again. How many times could you go over in the hope, only to find they had not actually been located? And there probably wasn't a lot of notice as the police acted as soon as they were found.

The way the children were removed was horrible to see, but I don't feel that it was so awful that any step was reasonable to avoid it, e.g. letting the children stay in Oz. Courts have to be very careful: if it is known they would baulk at a forced removal any parent of abducted children only has to engineer a confrontation to keep their kids. Same as Xenia's delay point, really.

This thread is interesting. No one is really moving from their initial, instinctive positions of pro-mother or pro-father. The same basic facts, the mother's desperate, extreme action is used to argue both that she is selfish, mentally damaged, evil; and that the father must have been abusive, so she is desperate, brave, selfless. The thread shows why these kinds of news stories have such a pull: we invest emotionally, with lots of projecting of our own experiences.

Let's all admit that we don't really know, and although a lot of information seems to be in the public domain, with the exception of reported judgments most of it is unreliable, incomplete and biased.

Hullygully Mon 08-Oct-12 12:19:45

I don't care about the mother and father, both of them seem to be acting in their own interests rather than the children's.

The children should be asked what they want, they are old enough.

MaryZed Mon 08-Oct-12 12:20:29

I'm not pro-mother or pro-father, I'm pro-Hague.

And for a law to stand, it has to be enforced. You can't let people break the law and then say "oh, the law has been broken, but it is the status quo now so we'll just leave it".

It makes other people see the law as weak, and so encourages them to break it.

LtEve, I'm really sorry you had such a shite time. And I'm not spurting vitriol at anyone, really I'm not. I just think that in cases like this decisions have to be made which might hurt some people in the short term, but benefit many (even the hurt ones) in the long term.

MaryZed Mon 08-Oct-12 12:22:05

Hully, they will be, when they get back to Italy.

And it is quite possible the older two will choose to go back to Australia, and if that is the case they will probably be allowed to.

But the younger two - should children at 7 or 8 be allowed to choose which parent to live with, especially if there has been accusations of brainwashing by one of the parents.

I dunno. It's all very sad.

Redsilk Mon 08-Oct-12 12:33:21

LtEve, yep, in my family's case and all the many cases we became aware of. It's called the grave risk of harm defense under the Hague. Look it up.

There are many cases where a woman has fled a country to save her children real violence, and courts can and should identify these. But the fakers like Garrett have diluted the defense. It's a shame.

AmberLeaf Mon 08-Oct-12 12:35:31

Have you got a link to where it was proved that there was no abuse and laura garrett was a faker Redsilk?

Thanks.

Redsilk Mon 08-Oct-12 12:40:31

Amber, there were court hearings on this back in May and then some of this was covered just two weeks ago.
If you can't find, I will look it up later. A good recent one was a radio report (4bc?) with interviews with lawyers and experts on the case.

MaryZed Mon 08-Oct-12 12:43:51

You can't prove there is no abuse [baffled]

You can't prove a negative. I haven't seen anywhere that there is any evidence of any abuse apart from the mother's word.

And since she lied about the holiday, lied to the courts about where her children were, and refused to abide by court decisions, she may not be the most reliable witness.

AmberLeaf Mon 08-Oct-12 12:50:00

Yeah that's kind of my point MaryZ!

So Redsilk should really stop calling Laura Garrett a faker in that respect.

Redsilk Mon 08-Oct-12 12:57:20

Amber, LtE, here is a short news video someone sent me a few months ago about a mother who abducted her children to Russia and was caught lying about about virtually everything on camera. I remembered this as a Russia case but in fact the abduction was also from Florence/Italy (and also four children and false accusations of violence).

bringflorentinekidshome.wordpress.com/2012/05/11/english-version-news-program-on-abduction-and-isolation-of-the-children/

Not being one to believe in coincidences, my point is that these situations are not rare at all.

Or maybe it is a coincidence and there is just something in the Italian water.

Xenia Mon 08-Oct-12 13:02:57

The law is the law. The Hague Conention must prevail otherwise there will be an international free for all of abuctions. It is there to protect us all as mothers and fathers.

Bonsoir Mon 08-Oct-12 13:04:35

Xenia - The Hague Convention is very simplistic. The law needs to evolve.

Redsilk Mon 08-Oct-12 13:07:58

The Hague convention just needs to be enforced. If the girls had been returned within the 6 weeks that The Hague mandates, none of this would have been an issue.

It was foot-dragging by the mum and the courts that led to this situation after 26 months!

Qwertyytrewq Mon 08-Oct-12 13:08:40

If posters can't comment without 100% proof that's most of MN ruled out.

Is my DP being unreasonable?
Well, as we don't have the facts and only your word, and no proof, we can't comment.

MaryZed Mon 08-Oct-12 13:19:44

The Hague Convention has to be simplistic.

The children's future should be decided in the country in which they habitually reside.

Any other law favours the parent who has more money, can shout louder, and has the strength, power and influence to get away with stealing their children.

Bonsoir Mon 08-Oct-12 13:31:04

MaryZed - that is not true.

niceguy2 Mon 08-Oct-12 14:06:55

The Hague convention is simple in its concept and I don't see why it shouldn't be.

The principle is this: If a child is illegally removed from the country they reside in, the other (signatory) country agrees to return them.

Why does it have to evolve? And how would you like to see it evolve?

MaryZed Mon 08-Oct-12 14:08:10

Which bit, Bonsoir?

If it becomes a free for all, obviously the person with more money/better lawyers/access to travel/ability to hide will win, won't they?

Redsilk Mon 08-Oct-12 14:08:17

MaryZed, I agree on habitual residence being best positioned to decide but disagree on the reason. Before the Hague, these matters were decided on the basis of citizenship and many children never saw their foreign parent again. Children's interests were not a factor

Still that way in many countries. Japan is notorious. Really awful what they do there. Russia is another black sheep. Poland too, even though in theory they have the Hague.

Italy isn't exactly an unblemished Hague state. Look up the case of abducted Liam McCarthy, where Italian courts refused to return a child to a custodial father in the USA after also concluding the abducting mum was but sand putting Liam into an orphanage. Why? Because the dad turned to the media for help and this was deemed to render him unfit.

LtEveDallas Mon 08-Oct-12 14:14:35

I see what LtEve is saying. We can't know what either of these parents is really like and what is truly motivating them, though the mother's actions in taking the children to Australia under false pretences was very wrong

Eldrich, thank you thanks

Mary, You can't prove there is no abuse. You can't prove a negative. I haven't seen anywhere that there is any evidence of any abuse apart from the mother's word

And that is my point. There is no evidence either way. The only FACT is that the mother illegally took the children to Australia and they had to be returned under the Hague Convention. That is not disputed and she should be punished for that.

If it is proved that she purposely turned the children against their father she should be puished for that (although - can she be? I don't know how you would do that?)

But this thread turned into 'lets be as horrible as possible about some woman we think we know thanks to some internet sleuthing, dodgy translation, random links from unconnected cases and FB posts'

I don't see the need for it.

There is no EVIDENCE of abuse in the Jimmy Saville cases either, and never will be. But do we blindly assume that his victims are lying? I bloody hope not.

Bonsoir Mon 08-Oct-12 14:16:07

I know (sadly) far too many mothers residing in a country not of their choice where they have no work prospects (not even, necessarily, the country of origin of their husband) due to work constraints who have no money to leave their husbands unless they leave the country. If their husbands refuse to let them take their children, they have no choice but to abandon them - possibly even in a country in which the children have no relatives and no ties but their father. How is that a good thing?

Bonsoir Mon 08-Oct-12 14:16:52

work constraints of their husbands

MaryZed Mon 08-Oct-12 14:20:15

I do see that point Bonsoir. The trouble is that there has to be some way of deciding these things. Would those children really be better off being taken away by their mothers and never seeing their fathers? What if it was the other way round, and only the mother could find work, the father has to stay to be near the children.

It's never ideal. But it has to be decided somewhere, and where the children live seems to me to be the fairest way.

The trouble of course is that extreme cases (generally) make bad laws.

Redsilk Mon 08-Oct-12 14:24:51

"But this thread turned into 'lets be as horrible as possible about some woman we think we know thanks to some internet sleuthing, dodgy translation, random links from unconnected cases and FB posts' "

Well, gee...what's there left to talk about then?

Think it will rain tomorrow?

confused

Bonsoir Mon 08-Oct-12 14:25:26

I just don't agree. I don't think that where a child lives has necessarily anything much to do with their well-being.

MaryZed Mon 08-Oct-12 14:30:30

But how do you decide Bonsoir?

If a family habitually live somewhere, the children are settled in school, have friends etc.

And the parents split up. One parent is happy to stay where they are, keep the status quo for the children.

The other parent wants to take them away, thousands of miles away, to a country they may never have lived in.

How do you decide? There is no compromise here. Both parents are equally convinced their children will be happy with them and only them. You can't cut the children in two, you can't realistically say week and week about.

And I really don't like "mother is primary carer" as a reason, as in many families I know now the father would like to be the primary carer but can't because they have the higher earning capacity (and end up being punished effectively for it if they split up).

Obviously ideally they are decided on a case by case basis. But if both parents are adamant they are right, and one decides to take the law into their own hands and take the children, should they be rewarded for doing so by being allowed to keep them?

LtEveDallas Mon 08-Oct-12 14:31:37

Well, gee...what's there left to talk about then

You enjoy slagging off people? Really? Is that ALL this thread is about for you? Having nothing else to talk about isn't actually something to be proud of you know...

Bonsoir Mon 08-Oct-12 14:34:18

Moving is no big deal. The point is the Hague Convention gives parents who wish to do so an easy way of manoeuvring their child(ren)'s other parent out of their life. I have seen it happen an awful lot. That's why it is rotten to the core.

Xenia Mon 08-Oct-12 14:42:35

Yes, but Bonsoir those mothers were foolish to marry foriengers and rely on male earnings. Never give up yhour career, out earn your man and marry someone from your own country and things go much better on the whole.

The Hague Convention is wonderful and it needs more not less support.

Also people have a look at the Reunite website which is useful on these matters.

www.reunite.org/
It gives the Hague country signatories here www.reunite.org/edit/files/International%20Agreements/Hague%20Convention%20Signatories.pdf

As you can see Japan is not on that list.

A very sad story of English children taken from Scotland by their Japanese mother is www.thetimes.co.uk/tto/life/families/article3373385.ece

Bonsoir Mon 08-Oct-12 14:52:06

Ah, so women who marry foreigners whose companies send them off to countries they have no choice over don't deserve protection from the law when their partners become abusive? An interesting take, Xenia.

differentnameforthis Mon 08-Oct-12 14:58:34

Who is slagging anyone off? There was I, thinking we were having a debate & you, dallas start getting all gun-ho about our opinions.

We are allowed to voice our side, without being called women hating, being accused of slagging people off. If you don't want to participate without stopping to school yard tactics, don't participate at all.

And redsilk is right, if we can't talk about the mother/father/situation on this thread, what else IS there to talk about.

p.s, red...nope, don't think it will rain here! grin

LineRunner Mon 08-Oct-12 15:09:38

The 'white trash' and 'trailer trash' comments upthread were all rather unnecessary.

I think that got some people's back up.

If talking about the law, why is one parent's supposed social background relevant?

Redsilk Mon 08-Oct-12 15:12:48

different, thanks. And I think LtE didn't read my earlier posts or digest them. My family was put through one of these ordeals, which is why I (and rest of family) are more than a bit informed on the data and i do get interested in similar cases.

It's not about slagging off people but naming the fraudsters who would ruin their children's lives and who get way too much traction in their home country courts. Laura Garrett is a fraud. There's plenty if solid evidence of that. Her daughters aren't victims of the father's violence. If they were, they'd be afraid of him, instead of disobeying and acting out for the Australian press.

No rain here either, but I can't prove it didn't rain nearby.

LadyInDisguise Mon 08-Oct-12 15:28:17

Actually I agree with Bonsoir.
Issue with where the children live when parents are living abroad are difficult.

If let's say the father D is english but has found work in France. The Mother M is... let's say australian and has followed her DH to France. 2 years on, M finds out that D has been cheating and they decide to get divorced.
According to that law, because France is the 'residence' of the children, they should stay in France???

How is that right? France is NOT the country of the dcs. They might have some friends but equally, having lived there for a year or two, they might as well have more friends in their country of origin (which could be England or Australia in that case).

So you would have D who had to live in France, even though not his country but at least has a job.
M living in France, even though not her country and maybe(?) not able to get a job.
And the dcs who end up living in France.... even though it's not their 'home country'....

And what if D then decides to take up a job...in South Africa. Is the mum still expected to stay in France and not allowed to go back to Australia?

There is a need of a law that is much more 'personalized' to individual cases. It used to be that you had 2 parents from different nationalities living in one of the parents country. Not anymore. The Hague convention is like using a hammer to crack a nut. Working but also destroying a lot of things in the process.
In the best case, separated parents should be able to reach an agreement that would be OK for all concerned. But separated parents aren't always logical or willing to compromise....

LtEveDallas Mon 08-Oct-12 15:33:30

Line Runner: agree wholeheartedly.

Redsilk: Her daughters aren't victims of the father's violence. If they were, they'd be afraid of him, instead of disobeying and acting out for the Australian press

Why have you assumed that their distress on boarding the plane is "disobeying and acting out" rather than them "being afraid of him" ?

It could easily be either, but automatically assuming they are disobedient rather than scared is a little 'off' I feel.

What makes you automatically go to the one assumption rather than the other? It's a glass half full / half empty scenario, where either could be right.

I did read your earlier posts, but your case isn't this case. Same as my abuser isn't this abuser. I'm willing to give the benefit of the doubt, you aren't. But unless you are actually invested in this case, you cannot KNOW. I can't either, so I'd rather not judge.

If the children are happy and well looked after then I don't care where they are or who they are with. Mum and Dad can fight it out in a boxing ring for all the good it will do. Right now there are 4 young girls, who have already been bereaved, and are now estranged from BOTH their parents. I thought it was AWFUL that the girls were further seperated for the flight, and it is DISGRACEFUL that they remained apart once in Italy.

I wonder if they would have been better off with a foster family in a neutral country whilst this is being sorted out. But then the last time they went into Foster care they had to be returned to mum due to concerns about their mental health and threats of suicide.

This is a very convoluted case, that could run on for years. Probably at the expense of the children.

LadyInDisguise Mon 08-Oct-12 15:34:08

Xenia in which case, no woman should ever accept to follow her DH if he is send to work abroad....

I am not sure there will be a lot of taker for these jobs now...
Or hold on, if that job is the ONE opportunity for the father to have a job, does it mean he also should refuse it and be on the doll instead? Or perhaps he should go away on his own and have a LT relationship with his dw? Or his wife should get divorce on the ground that... she should not be made to go and live abroad....

Come on, when people accept to go and live abroad, they do so because they think their relationship is strong. But in the years when they are away from 'home' things happen... and some of those is divorce.

MaryZed Mon 08-Oct-12 16:21:17

Lady, it isn't that they would have to stay in France.

It's that the court case deciding where they should go would be held in France. It has to be somewhere - or else in your scenario you would have father trying to sneak them back to England, mother trying to sneak them back to Australia, both manipulating the children to choose between them and a right ruddy mess.

There has to be a law somehow to stop it being "whoever is prepared to behave in the most shitty way wins".

Bonsoir Mon 08-Oct-12 16:32:16

No, MaryZed, the court with jurisdiction would be in France and, if the father wished for his children to remain with him in France, that is what would happen.

LadyInDisguise Mon 08-Oct-12 16:36:24

Even though France is NOT the home country of the dcs...

Expat children quite often live life like this. Where they move from one country to the next every 3 years. Have contact only with the expat community, which changes all the time because they too will move on the live somewhere else.

So then what? The dcs have to stay in that country? And their mum too?
What if that country is one in the Middle East? And the mum can NOT find a job there or go out on her own? What if the dcs are all girls?

Would that be OK?

Bonsoir Mon 08-Oct-12 16:39:14

When I was growing up I knew two daughters who had been virtually kidnapped by their own father. Having manoeuvred their mother out of his and their life, he then moved country with his daughters. Frankly, the girls were miserable and traumatised. Their mother lived in very reduced circumstances in a country that was not her own. It was all very tragic.

MaryZed Mon 08-Oct-12 16:40:27

No, not necessarily.

The court can make the decision that it is in the best interests of the children to go with the mother to Australia. Especially if the children are older and their wishes are taken into consideration.

Or of course the court can decide that the best interests of the children mean them staying where they are.

What is the alternative to Hague? For any parent to be allowed to take any child with them to any country at any time without the agreement of the other parent?

I genuinely would like to see what alternative could work.

MaryZed Mon 08-Oct-12 16:42:57

x-posted Bonsoir. The whole point of Hague is that he couldn't move country with his daughters confused

Bonsoir Mon 08-Oct-12 16:43:50

That is most unlikely in France, MaryZed, where the letter of the law is followed in cases of divorce and a formula applied unless the parents agree their own à la carte divorce (and lawyers are all dead against this so you are on your own).

Personally, I think children's welfare is best taken care of when their country of closest cultural identification takes such decisions. Not some third country which they are passing through.

Bonsoir Mon 08-Oct-12 16:44:45

When the mother has been removed from the picture (in a third country, father has custody), fathers can do whatever they like!

LadyInDisguise Mon 08-Oct-12 16:50:51

If we talk about France, at the moment the basis of divorce is that parents will have a 50/50 custody.

Unless you have 2 willing parents that are happy to compromise, the answer will be 'Children and both parents stay in France'.
Regardless on whether the dcs actually have any link with France (Because let's be honest, after 2 years in that country they won't be feeling french and France will not be their country).
And because France is very beaurocratic, this will be applied to the letter

The alternative isn't no regulation and whatever parent deciding whatever they like to do.
It's about realizing that even though they might not have lived in the mum country they might still have very strong link with that country (eg a friend of mine is going back to her home country for the whole summer hols every year plus for other hols too. the children prob spent 3~4 months there a year. they have family and friends there. Even though they have never 'lived' there on paper).
It's about realizing that forcing one parent to stay in a country can cause even bigger problems than saying they can leave with the dcs. Let's be honest, is it really more difficult now to handle shared parenting when you are in England and the other parent is in France compared to one parent living in the South of England and the other in the North east? The latter is OK and acceptable but the first would be considered kidnapping???
And it is about realizing that each case is unique and that a one fits all approach isn't going to work.

MaryZed Mon 08-Oct-12 16:51:24

I think you do have a point when neither parent is from the country in question. However that would make no difference in this case, where the father and all the children are Italian. As in they were all born there and spent their whole lives there.

LadyInDisguise Mon 08-Oct-12 16:51:50

xpost.

MaryZed Mon 08-Oct-12 16:52:16

I agree one size doesn't fit all, btw. I just think that Hague is the least worst solution in the majority of cases.

Xenia Mon 08-Oct-12 16:53:05

I do think there is a difference when two different countries are concerned although I would certainly support a law that if parents live in one town and are bringing up their children there then on divorce if mother wants to move 300 miles to be with her parents thens he leaves chidlren with their father and vice versa, that the default position is children stay where the parents had agreed they would be.

Bonsoir Mon 08-Oct-12 16:55:10

I know plenty of children who have lived in France all their lives with a French father and an English mother and are not particularly French at all. The assumption that children take on the culture of the country they reside in is far too simplistic.

Xenia Mon 08-Oct-12 16:56:09

Safest thing is marry someone who is from your area, religion and class, we all know that and then you have cultural similarities and are less likely to divorce too. Shared values etc etc. If you marry a foreigner you can lose your children.

As for the question of moving countries for work that's up to the couple and they both take risks with that and plenty of people refuse to mvoe countries because children usually don't benefit from being moved around and want stability. If that means daddy and mummy stay in duller jobs in London so be it.

As someone said above move parents agree contact, thankfully and there are no fights. The Hague Conventino is a very important protection and I wish more countries adopted it.

LadyInDisguise Mon 08-Oct-12 16:57:13

Mary, the mother and all the children are also australian though. Aren't they?

Being born in a country doesn't make you a citizen of that country as such.
And as I highlighted in my post before, it's not because they have lived all their life in Italy that Australia is a foreign country to them, as it would be to you.

I am sure that Bonsoir hopes that her dd is feeling in some ways english, just as I hope that my own dcs feel french, despite being born in the UK and 'having lived there all their life'. This is achieved just by the fact that I am still thinking in a french way and have passed that down to my dcs. They are not 'completely english' and never will be.
Is that acceptable to forget that part of their heritage, to say that 'it doesn't matter'? Surely this is much more complicated than that.

LadyInDisguise Mon 08-Oct-12 16:58:05

xpost again...

LadyInDisguise Mon 08-Oct-12 16:59:36

Xenia
I didn't think that you were so close minded. No mix between different religion, culture etc... should be allowed then? And you are you should be happy to forgo seeing your dcs or accept to live in less than suitable conditions for your sins perhaps?

Bonsoir Mon 08-Oct-12 17:01:44

Indeed, my DD is very English in many ways and identifies very strongly with England - and she has lots of friends here in Paris who identify very strongly with a culture other than French culture, be that German, Afghan, Polish, Italian, American.

And my nieces and nephew live in the Netherlands, and before that in Spain, and they don't have any cultural identification with either country.

MaryZed Mon 08-Oct-12 17:02:55

They have never lived there though Lady. At least not before their mother took them there illegally.

The original aim of Hague was actually to stop fathers stealing their children and taking them back to the home country of the father - that's why it started, with a lot of mothers losing their children and never seeing them again.

There are of course circumstances where no solution will be happy for everyone. But there has to be some sort of legislation, and no-one has really come up with a viable alternative. I can't think of one myself.

I just know that if dh took my kids to the other side of the world I would fight tooth and claw for however long it took to get them back.

LadyInDisguise Mon 08-Oct-12 17:06:16

Yep same experience here.

LadyInDisguise Mon 08-Oct-12 17:08:43

Maryz you've missed a bit. It's not because they have never officially lived there (as gone to school) that Australia is a foreign country to them.

Yes it is very far away.
Yes it does restrict contact.
but then how often do you think children whose parents live on each side of the UK see the NRP? 5 ~6 weeks a year. About the length of the summer hols.

Xenia Mon 08-Oct-12 17:15:33

Load of parents commute every single weekend to see children across England, 52 weekends at a year.

I certainly was not saying never marry a foreigner but in terms of marriage break down different culture and values tends to make break down more ilkely and the chances one parent will want to take them back to their original home country is much higher if that person is a foreigner. It's why your traditional Indian or Jewish matchmaker would always look for shared culture, values, caste, religion, etc Obviously we if never married outside our own village we'd all have the disabilities of those Pakinstanis in the UK wedded to first cousin marriage. Gene mixing genetically is a good thing. Ghenghis Khan did it in traditional fashion by raping and pillaging across Europe although he did not stick around to help with the night feeds.

Bonsoir Mon 08-Oct-12 17:15:42

Indeed, I knew children born and raised in the country in which I grew up who were waiting to leave school so they could return "home" to university. And they did so, and never left. Cultural identification with parents, and in particular the mother, is usually the strongest cultural identification a child has.

LadyInDisguise Mon 08-Oct-12 17:17:44

What about my alternative? That the solution you have is tailored to the circumstances instead of being a 'No you can't take that child' and that's it?

How about acknowledging that some parents can be obtuse and use that rule just to 'get' at the other parent?
And that the best interest of the children isn't always to see both parents on a regular basis (or to force one parent to stay in a country that isn't theirs).

I have seen that happening in France. One rule = 50/50 custody, regardless of the situation. Abusive partner using that rule to get at the other parent. Using that rule to call the police and having them put in jail for the night because they brought the dcs back 2 hours late? Or refusing to have a RP when one of the parent has been abusive to the children?
All that because the starting point is 50/50 custody and that's 'WHAT IS BEST FOR THE CHILDREN' which means that individual circumstances aren't taken into account (unless completely obvious).

It's the same here. You can not say the children should be living in Italy because 'IT IS BEST FOR CHILDREN TO STAY WHERE THEY LIVE'. No one on here has no idea about that. See Bonsoir and my posts about how bi national children can feel.
Just as it is not obvious if the father is using the Hague convention just 'to get at the mum' or for very compassionate reasons, with the the best interests of the dcs in mind.

MaryZed Mon 08-Oct-12 17:17:47

Lady, the oldest child was 13 when her mum moved her to Australia. She was born in Italy, she had spent her whole life in Italy, she went to school in Italy.

In fact her mum gave an interview saying it was hard for them to settle in Australia when they first got there because Italian was their native language.

I'd say that makes her pretty Italian.

Bonsoir Mon 08-Oct-12 17:20:14

Honestly, MaryZed, you cannot know.

LadyInDisguise Mon 08-Oct-12 17:23:25

Maryz have ever lived abroad? Have or being in contact with people who have lived abroad with their dcs, or who grew up in a foreign country?

The rules that you have about children who are uni national (is there such a word?) can not be applied to multi national/multicultural children.

LadyInDisguise Mon 08-Oct-12 17:26:26

Again, my dcs are born in the UK, are going to school in the UK to a UK school. They have spent all their life in the UK.

But if you ask them they will tell you that they are both british and french. Which they are both because they have dual citizenship and because they are being brought up in a bicultural/bilingual environment.

MaryZed Mon 08-Oct-12 17:27:46

All I'm asking is for someone to give an alternative legal way of managing it. There's a bit of x-posting here I think, but Lady I do agree that tailoring the circumstances is obviously a good idea, but it has to be decided somewhere. Some court in some country has to have jurisdiction over custody cases.

I'm not saying this way is perfect. I've said a number of times it's the least worst option.

But the alternative is a free-for-all - whichever parent can manage to get their children to their country first.

I just can't see that working either.

Bonsoir Mon 08-Oct-12 17:35:43

MaryZed - the Hague Convention does not prevent entirely legal premeditated kidnapping of children, sadly.

LadyInDisguise Mon 08-Oct-12 17:41:11

The thing is that legal alternative doesn't exist yet.
As you have said, the Hague convention is already a huge step forward. But it was done at a time when people were not moving as easily as people do now. Hence it needs to be reviewed.

LadyInDisguise Mon 08-Oct-12 17:43:18

whichever parent can manage to get their children to their country first.

As far as I know, this is happening anyway.

Xenia Mon 08-Oct-12 17:44:45

We certainly need more countries to adopt it (look at the Reunite site I mention above which is helpful). Obviously if someone has married a foreigner or a nasty piece of work who is your nationality but talked about or is likely to "steal" the children then you should take precautions. Plenty of parents take chidlren to non hague convention countries. I think the Japanese case I mentioned above the parent had managed to get new alternative additional passports from the Japanese embassy in London for her pre meditated snatch. She cut off all contact even by phone once she had forced her husband in Scotland to transfer half their UK house value to her - he spunt that out over 21 years so that the calls would continue. Presumably he will not see the chilren now for 16 years and they will forget all their English.

The older children are the easier it is to keep in touch with them.

Bonsoir Mon 08-Oct-12 18:01:02

"*whichever parent can manage to get their children to their country first.*

As far as I know, this is happening anyway."

Exactly.

BoneyBackJefferson Mon 08-Oct-12 19:20:59

LtEveDallas
"Same as my abuser isn't this abuser."

I'm sorry but so much for not passing judgement.

LtEveDallas Mon 08-Oct-12 19:41:34

Thankyou Boneyback, I appreciate it smile Of course, in case anyone else wants to pick up that single part of my whole post, that was a typo on my part and should have read 'this man'. Perils of typing whilst I should be working! Very annoying smile

segue Mon 08-Oct-12 23:35:39

It would appear the our courts were bound by the Hague convention but I'm surprised at the level of hate towards the mother. Australians should get a copy of yesterday's Courier Mail and read the father's comments. He sounds very controlling and this could be a factor in all of this. I'm not saying this alone is an excuse for the mother abducting her children, but just adds another dimension to this debate. I would be embarrassed to be the father. If my own children were clearly distressed by having to return to me I would be questioning my parenting and whether I was doing the right thing in forcing them to live with me. The children's anguish was very real and it's laughable to suggest this is "brainwashing". Custody needs to be determined in an Italian court but the problem is, the mother can't return to Italy as she could be arrested. The father has no say in this by the way as the court makes its own decisions. Maybe if the court could offer a guarantee that the mother would not be charged then that would clear the way for her to fight for custody.

MaryZed Mon 08-Oct-12 23:44:31

LtEve, I think that essentially I am agreeing with you on most of this.

I don't hate the mother - I can sympathise with her, but that doesn't make what she did right.

I find the accusations of abuse without proof difficult as dh has two friends who have effectively lost their children due to accusations of abuse. Of course, I didn't live with them, so I can't know for sure, but before their partners (both of them did the same thing) had affairs and moved the new b/f's in, there had been no accusations of abuse and the children went happily to their father's houses. Then suddenly, abuse was cited, and the children were (imo) brainwashed.

For many fathers there is no defence to "he is abusive" as there is no way they can categorically prove they aren't.

I think we all take our own experiences into a thread like this - I can see how devastated the father would be to have his children go on holiday for a month and not come back. Others on the thread have escaped abuse and would do anything (illegal if necessary) to not go back.

The problem is that the law in this (as in anything to be honest) is a blunt instrument.

I think life with Hague is better than the prospect of life without it, but sadly no matter what the law is, while there are parents who put their own wants above their children's needs, the blunt instrument that is the law has to be applied in some way.

I recognises that this is a pompous post, but doesn't want anyone to think I don't at least try to understand where they are coming from. Splitting up families can be shit sad.

differentnameforthis Tue 09-Oct-12 01:17:57

And I think LtE didn't read my earlier posts or digest them

Some people aren't reading anything that doesn't condemn the father, red!

LadyInDisguise each case is judge on it's own merits. But why would it be OK for the mother to move children 10k away from their father? Or vice versa?

And why is it always the men who cheat, women do have affairs, you know, how would your scenario change if it were the mother having the affair? Does she still have the right to haul them across the world?

And the case in question isn't really comparable, seeing as the girls ONLY ever place of residence was Italy, that they couldn't even speak English when they left! You can't compare the two.

I lived in the UK for 30 odd yrs. In my teens I met my dh who was from here. He stayed in the UK with me for almost 15yrs after we met & during that time we married, had one child. Then we moved here & had another. So, one Aus citizen, one not. Now, if he did anything or if I did anything (note I am not putting the blame entirely on him) & we ended the marriage, he would be back in the UK like a shot. So would I. No matter how much I hated him or he hated me I would want my children to see their father on a regular basis without having to time plan phone calls, or make major cross Atlantic flights to do. That would only ever harm my children, if they were over 12 thousand miles away from their father.

The girls would find new friends (hell, I moved at the ripe old age of 30 something & I made new friends) I would too. I would find a job... something, anything if I had to. (I mean, I am not bilingual & I haven't taught my second language in a school for a yr or so) But I would find something, anything. As long as my children were happy.

If it came to pass that they wanted to live with their dad, I would be beyond devastated, but once again, I would make sure I was available. I certainly would not turn them against their father & I knew he wouldn't do that to me either, because we love our children too much to shatter their world completely & so awfully. They aren't game pieces either!

The mum didn't take their wishes into account when she abducted them from Italy, nor last year when they said they would happily return (to Italy & their father & his family) if she was there too. In other words, they obv understood that their parents wouldn't be together, but they wanted to be able to see them both. The mother denied them that.

Yet according to some here & the world over, the motehr should have more rights than the father. hmm

You can't prove there is no abuse No you can't, you're right. But lack of proof that it didn't happen, doesn't mean it happened. BUT, you can wonder as to why she never reported any said abuse in Italy. You can wonder why it never came up until she wanted to leave Italy. You can wonder as to why the judge would return the children to an abusive father. You can wonder based on so much of the other lies that the motehr has knowingly told.

Being born in a country doesn't make you a citizen of that country as such My daughter was born here, therefore she is an Australian Citizen. So yes, being born someone does make you a citizen, unless all the people I have spoken to (wrt obtaining the best passport for her) have lied about her being a citizen. She has duel citizenship, due to having 2 British parents.

Mary, the mother and all the children are also australian though. Aren't they By descent, yes. Like my daughter is British by descent. But she has lived here all her life, so I think she is pretty much more Australian than she is British. Same for my 9yr who came here when she was 3.

differentnameforthis Tue 09-Oct-12 01:18:31

being born somewhere can

Redsilk Tue 09-Oct-12 01:36:54

Lady, this is not a case of expats living in a third country.

LtE, I give up with you. I was referring to the latest reports of the daughters running out and speaking with the press in Italy, disobeying the father's demand that they come back inside. But hear what you want and give everyone the benefit of the doubt, even a parent who kidnapped her own children, disobeyed an Australian court order, had her children placed in a foster home in her home country, told her daughter to say she was suicidal to get out of the home, repeatedly threw her daughters into the media spotlight, lied to them about not coming to Italy to be with them, called the father's religion (Catholicism) a "sect", gave the father's address to the media....

I'm sure I'm leaving out a lot of her other magnificent parenting credentials

Sure, let's be magnanimous and not be judgmental.

And she's not only similar to our abuser, she's similar to many abusers, which is why it's easy to predict her next steps.

differentnameforthis Tue 09-Oct-12 01:38:03

When I was growing up I knew two daughters who had been virtually kidnapped by their own father. Having manoeuvred their mother out of his and their life, he then moved country with his daughters. Frankly, the girls were miserable and traumatised. It was all very tragic

If some on this thread had their way, this is exactly what would be happening now, only reversed roles for mum/dad!

segue the courier mail are among the media that went out & ambushed the father & the girls. I would take their reports with a huge pinch of salt, if I were you! He didn't force them to return. Mum could have returned the peacefully last year, when they said they wanted to go back. How do you explain that? They were happy to go back in May 2011. Yet now, after a yr in hiding, they don't want to go back? In that time, when their father couldn't see/talk to them, how do you suggest they came to hate him SO much, if not for brainwashing? The court document linked to say that the girls were heavily influenced wrt their father, by their mother & grandmother.

Once again, there are no charges from the father on the mother. An Italian solicitor consulted by the mother has unofficially said that she may face probation IF she were convicted of any crime. Would it not be better to return & try your chances/plead her case? Once again this tells me that she is thinking of herself & not her children.

Redsilk Tue 09-Oct-12 01:49:24

Segue, the children will be distressed because they've just come through two years of parental alienation, which is far worse. The father's task is to help them recover.

And it's not "controlling" for the father to want throw the media the hell off his property!!! He's doing the right thing in protecting his daughters.

(Or were you joking about that?)

Redsilk Tue 09-Oct-12 01:55:56

Uodate: The father held a press conference and from what I can tell (google) they are taking a vacation in the countryside to get away from the media attention, they are all calmer, he says, and the younger two are demanding to return to school immediately.

His lawyer says they are expecting Garrett to return and they will ask for supervised visitation.

I won't bother reproducing the google version.

corrierefiorentino.corriere.it/firenze/notizie/cronaca/2012/8-ottobre-2012/sorelline-contese-vacanza-padre-istigate-terrore-2112165741936.shtml

Redsilk Tue 09-Oct-12 04:29:06
Redsilk Tue 09-Oct-12 04:30:08
HesterBurnitall Tue 09-Oct-12 04:53:17

Redsilk, why are you so quick to believe the father's version of events when the judge stated he was not convinced of the truthfulness of his evidence?

This case is a triumph for nobody. The Australian courts did what they had to do under the terms of the Hague conventions, so it's possibly a triumph for international law, but nobody else.

Redsilk Tue 09-Oct-12 05:29:00

That line about "not believing" referred to evidence of whether he had consented to their staying in Australia, not violence.

And I'm not quick to believe the father. I've grown tired of the mum's demonstrated lies. But I do respect the father's decision to try to shield his daughters from the media instead of exploiting them.

LtEveDallas Tue 09-Oct-12 06:45:06

MaryZ, all good. I'm glad I'm not speaking Farsi any more smile. I respect your opinion, in more than just this, so was getting very frustrated! I don't like the demonisation of any parent (even Peter!). Optimist maybe?

Something I have wondered about this case, and I wonder if any of the more knowledgable posters know the answer - I'm not sure if the Hague Convention covers this.

Seeing as the eldest girl is nearly 16, what would happen if she chose to go back to Australia? Is 16 the age she can make that decision, or is it 18? I know in UK teenagers are listened to by the courts much earlier.

If she did choose to go back, who would pay her airfare? I take it that the flights this week were paid for by 'the government' - so would it be up to them to pay again? If not, what if mother or father cannot raise the funds? Would she then be forced to stay?

Could this play out right up until the youngest is 16?

For eg in my line of work if there is a marital breakdown then 'we' pay for the spouse to move back home, but there are rules to be observed, ie not within 6 months of the last move, and we won't pay for the spouse to come back if thy reconcile. How would this one be worked out?

Xenia Tue 09-Oct-12 07:13:45

Thanks for the update. I don't think we need to believe anyone's version. The truth is that the Hague Convention is important and here the right thing was done. Older chidlren often can choose where they live. Some men wait until their youngest is 13 in the UK (for UK english families) so that the children choose the parent on divorce with whom they will mostly live. It can be a wise tactic and English courts will not usually return a 14 or 15 year old girl against their will to one parent where they choose to live with the other. It is slightly different is another country is involved (and cf the 15 year old who ran to France from the UK where sex at 15 and over is lawful with her teacher boyfriend).

The question of who pays for air fares is a child chooses to move from one parent to another - in this case I am certain the pubilc would pay as there is so much publicity but I would imagine she will want to stay with her sisters.

In the uK this cost of transport is played out every weekend. If your no working ex wife takes the chidlren 300 miles back to her mother's in Cornwall to live as they often unfairly do and you are on benefits in Hull then that in effect means you never see the children unless you can thumb a lift down there. It is why I don't think children after divorce should ever be moved and if one parent says I want to mvoe to Cornwall then the courts shoudl say - off you go - the children will live with their father now who is not moving.

segue Tue 09-Oct-12 07:37:02

I was waiting for someone to say it's all a media "beat-up"

http://www.mamamia.com.au/news/italian-sisters-custody-dispute/

The father has not let his daughters talk to their mother since they arrived in Italy.

Denying a mother and her children the right to communicate is controlling. I don't know of a better word. I'm starting to understand why she abducted them in the first place. I doubt she'd get any justice in an Italian court.

http://www.news.com.au/national/sisters-at-centre-of-custody-dispute-in-traumatic-scenes-at-fathers-italian-villa/story-fndo4eg9-1226489984

"My daughters think that with the Australian media near them today, the journalists will save them," he said.
"But it's not the reality.
"Australian journalists were at the house today filming and they (the girls) were yelling out 'help, help'.
"These images will be shown in Australia - but this will not help my daughters."

Does this really sound like a normal, loving family to you? What child yells "help help" in the presence of her father, for gods sakes.

LtEveDallas Tue 09-Oct-12 07:50:13

Thanks Xenia, I suppose my question is more a result of the way they were moved to Italy. If we suppose that the eldest girl didnt want to be in Italy, and further suppose the court moved her against her will, what happens if her parents say 'no I won't pay'. Would the girl have recourse to say to the court - "you forced me to come here, now you have to pay for my flight back"

In this case yes, I'm sure the press alone would mean she was paid for, but what about in other cases?

If the resident parent kicked the child out, does 'the government' have a duty of care to look after the child?

Again, I was at a unit that paid for a 16 year old to rtn to UK, but that was an unusual case paid for out of a welfare fund. Officially it was up to the resident parent to pay - but they wouldn't.

ItsAllGoingToBeFine Tue 09-Oct-12 08:19:58

segue given the mothers history it is a good thing she should have no contact for a short time in order to give the family some time to heal before she starts winding up the girls again.

Morloth Tue 09-Oct-12 08:24:31

I don't particular believe one of them over the other.

Have no special information, only what is reported in the media and therefore it is all pretty suspect.

My only interest in this case/thread is that the Hague convention was upheld, even though that meant dragging them kicking and screaming onto the plane.

Unfortunate, but the parents could have avoided it.

The truth will be somewhere in the middle, it always is.

I think the onus would be on the Italian government to take care of any Italian child an Italian parent kicked out in Italy.

Honestly? If I were the Dad here I would be saying to the girls: 'look, stay here for a couple of months, lets see how this goes, we can talk about you moving to Australia and getting back into school etc' and then trying my very best to give them want they want within the framework of what they need.

Couldn't care less if people don't want to come to Australia because of it or that we are like the Americans (like that is some sort of insult). The right thing was done, it wasn't popular and it wasn't pretty, but it was right.

differentnameforthis Tue 09-Oct-12 09:38:45

segue

And that surprises you why? She did talk to them & the incident at the house gates happened. Look at the state the girls were after that! All contact with their mother does is wind them up & reduce them screaming tantruming kids. Thus unsettling the calm that dad is trying to restore.

I read that he will let them resume contact when the mother promises to stop trying to cause more trouble/wind them up!

Denying a mother and her children the right to communicate is controlling But it was OK for him to do it to her? Perhaps some might say that she should feel a little of dad has been going through these last 2 yrs.

I had a comment removed from her fb page today. Someone wrote NO FATHER/PARENT THAT LOVES THEIR CHILDREN THAT MUCH DO WHT HE DID, RIPPING THOSE GIRLS FROM THEIR MOTHER

I replied

You are missing the point that the mother ripped them from their father! So by your own theory, she doesn't love them either

And they removed it. Double standards all over this case!

And of course they shouted out help help, because they have been brainwashed to think they aren't safe.

Couldn't care less if people don't want to come to Australia because of it or that we are like the Americans (like that is some sort of insult). The right thing was done, it wasn't popular and it wasn't pretty, but it was right

Here here, morloth!

LtEveDallas Tue 09-Oct-12 09:51:11

The truth will be somewhere in the middle, it always is

I agree Morloth.

I think the onus would be on the Italian government to take care of any Italian child an Italian parent kicked out in Italy

Yes, I would hope so. It would be horrible to think of a child stranded in any country without the means to get back. I'd be really interested to hear if that was enshrined in law though. I suppose the consulates could/would help?

MaryZed Tue 09-Oct-12 10:32:16

I presume that a 16 year old (and certainly an 18 year old) who was an Australian citizen as these kids are could go to the embassy for help.

I hope that the parents can get to the stage that they can sit down with the older two at least and discuss what should happen next. But I do believe the father should have a chance to have some time with them without the interference of the mother before that, to give him a chance to put right some of the lies she appears to have been telling them (about her not being able to return to Italy for example, and her being put in jail).

If he turns out to be abusive, then they can say that in court in due course.

The case is more difficult for the younger two - I think it is much harder to agree that children of under, say, about 12, should have too much say in where they live. Or else you do have real problems with parents vying with each other for their children's support, which is incredibly unfair on the children.

LtEveDallas Tue 09-Oct-12 14:15:51

I presume that a 16 year old (and certainly an 18 year old) who was an Australian citizen as these kids are could go to the embassy for help

Yes I hope so - and I suppose if the Australian embassy said no, then as they have dual citizenship they could approach the Italian embassy. Mind you, like Xenia said, this case has had so much publicity I reckon it would be quite easy to raise funds if needed.

I think the parents sitting down together is probably a long way off, but yes, it would certainly be the way ahead. As long as there was no abuse then it would certainly be the civilized way to act. So much hate on both sides sad

It's not straighforward is it? I'm sure this case is going to make some lawyers an awful lot of money...

BoneyBackJefferson Tue 09-Oct-12 18:28:57

segue
"The father has not let his daughters talk to their mother since they arrived in Italy.

Denying a mother and her children the right to communicate is controlling."

And denying the father is?

LtEveDallas
Sorry just pointing out an error, no offense meant smile

What I know for sure about the case.

The mother took the children on a holiday and didn't come back.
The father has fought in court for two years to get the children back.
The mother when told by the court that she should return the children took them into hiding.
The court was "upset" (my word) at the attitude of the mother and family.
The court was forced to remove the children from the mother.
The court is "uncertain" (my word) about certain aspects of the father's version.
The mother has played the press for sometime.
The press turned up at an unpublished address and the girls ran to the press and made a scene.

The rest not so sure.

SomethingOnce Tue 09-Oct-12 21:22:50

The video on the DM site is horrible to watch.

Whatever the failures of the parents (I have no idea) it's shocking that the system can result in children being subjected to such an upsetting experience.

Xenia Tue 09-Oct-12 22:06:43

ANy trauma caused to the girls was caused by the mother stealing them in bnreach of the law and thinking law favours child stealers and always favours mothers. If this stops even one family being riven asunder and ensures people respect the Hague Convention more it will be all to the good.

Even better woudl be if we could all lobby to ensure child contact hearings take place within 7 days not the usually sort of 3 - 6 months you get in the UK for UK cases (or 2 years as in this case) which is just not acceptable where children are concerned who bond and establish routines. The delay ensures that often the infringer, th eparent who broke all rules in effect is condoned.

segue Tue 09-Oct-12 23:20:35

I'm just saying I think I can see why she abducted her children in the first place. The father seems very controlling. Most people would condone abduction in genuine abuse cases. Is subjugation an abuse? It's a grey area.

I'm guessing the women fell out of love with her husband, possibly because of his controlling nature. She expected the marriage to be an equal partnership, as all women do. She, and her daughters, would have been pretty much under the thumb in her extended catholic, conservative household. It's not much of a life for an independently minded Australian women.

Women can sense when they're not genuinely respected. Marriages can survive a lot of things, but not that.

I'm not sure what she actually does for a living, I know she's a student but that's about it. What she did was desperate. How easy would it be for any of you to break the law? It's not something you'd do unless your back was against the wall.

She faced the prospect of life with a controlling man whom she no longer loved, in Italy, and being permanently reliant on him for support. I'm pretty sure if a custody case was heard in Italy both of them would get shared custody at least, but what does she live on? Is she skilled enough to survive in Italy on her own?

His saying that he will "allow" contact between mother and daughters again once they've "settled down" makes me angry. What's his view of settled down? Once they've lost the will to fight?

differentnameforthis Wed 10-Oct-12 00:52:19

segue

seems controlling
possible because of his controlling behaviour
pretty much under the thumb
She faced the prospect of life with a controlling man
permanently reliant on him for support

All hearsay & none of it proved. What IS proved is that the mother has damaged her 4 girls in order to prevent them seeing their father as someone they can trust.

She wanted him to relocate to Oz too, so they could continue to share custody. If he were that bad, would she REALLY do that? That was her first suggestion. He said he didn't want to relocate, so she suggested she did so with the girls, he objected & then she started (in her words) to slowly coax him into the idea of her taking them on holiday (all the while she knew it was NOT just to be a holiday). When she had convinced him enough, he sighed the passport applications & she started her stories of abuse with the Embassy to get out of there. The only person who knew she was leaving for good, was her. She gave the girls no choice as to what they wanted then, she didn't listen to reports they made that stated they would happily go home if she did, that they missed their father, that one missed her home & the stuff she used to do with dad.

She lied to the court too, saying that dad knew it was a permanent relocation. If he DID know it was permanent relocation, why did she get embassy officials to change the flights "in case he turned up at the airport & caused problems" (what problem would he have? He was under the impression they were going on holiday, with his approval, why would he create at the airport in that case? There was nothing to create about) . More like in case he found out about her plan to permanently relocate & tried to stop it. She has schemed & planned from the beginning!

Yet, all of the above statements you have made, paint dad as the bad guy. None of what you have written is known fact, it is all hearsay from her (with no evidence to back it up - i.e no reports from friends in Italy, or police/court reports to attest to his unsuitability to be a co-parent)

Is she skilled enough to survive in Italy on her own? She worked as a teacher in Australia, teaching Italian. Could she not work as teacher in Italy, teaching English?

His saying that he will "allow" contact between mother and daughters again once they've "settled down" makes me angry. What's his view of settled down? Once they've lost the will to fight?

Would you be any less angry if the roles were reversed & it was dad ringing the girls up & making them act crazy? He wants MUM to calm down, not the girls, because it is MUM who was winding them up constantly, told the press where to find them, told the girls the press were on their way there. We all want the girls to calm down, how can they do that if their mother is playing them like that!

lisaro Wed 10-Oct-12 01:50:57

Fuck me segue there's some Olympic standard leaps in your post. Sadly they say much more about you than the actual issue at hand. Obviously you have some issues maybe counselling would help. Or getting a grip and sticking to facts.

adogforever Wed 10-Oct-12 02:50:04

http://www.kidswithoutvoices.com.au/press-release/

I feel Laura Garrett will never see her daughters again and why I say this my cousin who lives in England married a girl from Italy in England they had a son when the lad was about six they divorced they both had custody of the lad but she returned to Italy with their son which my cousin did not know about, but Italy again sided with mother in the courts but now years later my cousin and his adult son live in England.So this is how it may be for Laura Garrett but I did find it odd that Tommaso Vincenti is still wearing a wedding ring?????

differentnameforthis Wed 10-Oct-12 03:24:39

She will see them if she goes back to Italy & calms down. There is NO need for her behaviour. Lawyers have already hinted at supervised visits for her.

Redsilk Wed 10-Oct-12 03:42:41

She will see them because she's lying about not going back to Italy and, Italy being Italy, they will treat her, a mother, better than the courts in Oz that would have taken the children away from her.

Redsilk Wed 10-Oct-12 03:55:35

And also the father risks losing custody if he prevents her from seeing them. He doesn't have sole custody. And even if he gets sole custody he will still have to allow for visitation.

This is Italy, not Saudi or Russia or Japan where a parent can just do whatever they want.

adogforever Wed 10-Oct-12 04:58:49

Redsilk there is always his and her side of the story, as for Laura living in Italy to see her children is very remote already in the courier mail it was said in Italy she may or may not face criminal charges so that most likely is a yes and the risk would be to much for her to take. The only way these pair are going to have a 100% sort out problem would be to stay together until the last daughter leaves home and then go their own way which is big thing and who know they may put their past behind them and move on for the daughters sake.

differentnameforthis Wed 10-Oct-12 05:52:54

Well even if she does get charged, I have no sympathy. But as a mother, it think she should chance it. If she took them because she feared for their lives, then the courts will take that into account.

She is being very selfish.

Morloth Wed 10-Oct-12 08:51:00

I don't think it is unreasonable to expect to face child abduction charges, if you have in fact abducted children.

MaryZed Wed 10-Oct-12 09:49:44

"the risk would be to much for her to take" - you mean, the risk of facing charges and possibly probation is too high for her to go to Italy to see her children?

If I was her I would have been on the next plane. But then, I wouldn't have threatened them with never seeing me again either. Of course she can go to Italy. She can go and face charges, and see her children (supervised until she can be trusted not to tell them lies, flee with them or encourage them to become hysterical).

It's sad that she is still saying she won't.

MaryZed Wed 10-Oct-12 09:51:52

By the way, for anyone who is interested, this is the full Court Report

I haven't read it all, but the section in the middle (around the 25 to 30 mark) with the judges opinions on how the children had been encouraged to behave if they were to be sent back is pretty shocking.

In fact, the judge's opinion of the mother's actions is very poor throughout. It is written in legal terms, but reading between the lines he seems to be saying "ffs, can she not just grow up and act like an adult".

mustbetimetochange Wed 10-Oct-12 10:07:43

She - in my opinion, thought she could bugger off to Australia and it would be too difficult for him to get them back.

Her actions are/were
Shameful and telling them she won't come to see then is the most shameful of all.

MaryZed Wed 10-Oct-12 11:30:15

There is a woman on This Morning whose husband took her children to Pakistan and didn't return them for ten years.

This is why we need Hague, and we should all support it's enforcement.

Xenia Wed 10-Oct-12 14:19:19

We certainly do and I don't even agree with the comment that if ther e is abuse ignore Hague. First abuse is a word bandied about by lots of people when it is not abuse at all. Secondly whilst I accept the courts are not perfect she could have challenged in Italy his actions against the girls if he felt it was abusive.

What comes out of this really well is Australia and Italy - following the law and the law working. I hope it ensures those who want to move their children abroad go to court (or agree with the parent) first. I remember the Sian Jenkins case - the mother there took the children to live in NZ from the UK for a fresh start. Even that felt a bit unfair to me but I think the father agreed or the courts did.

segue Wed 10-Oct-12 14:41:17

differentnameforthis:

Why is my assumption less valid than anyone else's here? We're all making assumptions. My assumption is that the father is controlling. My view is "hearsay" whereas your assumption that the mother "damaged" the girls is proof? Where is your proof?

I don't know why everyone keeps referring to the Hague convention with such reverence. Nothing is set in stone. Legislators are continually tinkering with the finer details and I'd be surprised if after all this there won't be some changes. I feel the question of abuse should have been tried in an Australian court and that the girls should have been questioned by trained professionals over a considerable length of time before being deported to Italy.

I don't believe that the father is a violent man and I'm not naive enough to believe that the mother didn't coach her girls to a certain extent. But demonising the mother to the extent that most of you are doing doesn't indicate fair-mindedness to me.

If the husband was controlling to such an extent that the marriage was no longer viable then yes, that needs to be determined in a court of law. But one parent is Italian, the other Australian - which means one parent is going to suffer horribly if they both stay put. I can understand the mother's actions, particularly if she felt that the marriage failed because of a basic lack of respect. None of the options looked good for her.

MaryZed Wed 10-Oct-12 14:44:41

The proof is the court judgement, segue.

The girls were talked to at great length in Australia, over a period of two years.

Read the judgement I have linked to a couple of posts up. There is no doubt that the court's view was that the mother was manipulating the girls.

I tend to believe the judge. And that isn't demonising the mother (though it's obvious his opinion of her isn't very good).

Redsilk Wed 10-Oct-12 18:11:13

A point being lost here is that the motjer's best shot at gaining at least shared custody long term is in Italy. In Australia the courts have already determined the girls are better off in a foster home than being with her, that she was manipulating them in dangerous ways (threats of suicide), and that she was lying about the violence of her ex (under the Hague, the judge would not have ordered the return if her claims were credible).

So the result of the return Italy is not only that the girls are back where they were born and grew up, but that they will have both parents in their lives, and will see more of mum than an Australian court would have allowed.

In the end, better that they will have both parents than no parents.

differentnameforthis Thu 11-Oct-12 00:48:06

segue

You can plainly see that she has damaged those children. If you can't, you aren't reading about the same case. Just to see the way they had to be returned,. the way she leaked the address of their father, got the press to follow them, that is damaging.

Where as, the only "evidence" we have that dad is abusive is her say so. There has been no proof of abuse anywhere.

Also, the girls were not deported. Stop using such emotive language. They were returned to their home country in order for the courts there to hear them & to decided what to do. The girl were questioned by trained professionals. They found that the family over here were using highly emotive & manipulative language in front of the girls. That the girl themselves had been lied to (they didn't know that they were permanently relocating). They also found that the girls would happily return to Italy [2011] if mum went to. So I will demonise the mother if it is all the same to you, as it is simple to see that NONE of this would have happened if the mother hadn't abducted the girls. But you go on saying that she hasn't damaged them it is makes you feel better.

What happened in Italy wrt the alleged abuse cannot be tried here. It didn't allegedly happen here, the court here have no back ground on what was happening before/after the marriage etc. The courts here cannot call witnesses from Italy. There are many reason why the hearing couldn't be here.

I don't understand the mothers actions at all. There was no need to remove those girls.

differentnameforthis Thu 11-Oct-12 00:50:35

Deportation is the exclusion of a person or group from a country.

They haven't been deported because they are free to return.

Morloth Thu 11-Oct-12 08:32:55

I refer to the Hague with 'reverence' as you put it because I have seen the other side of such situations.

Did plenty of time in family law firms and shit like this is why I will never ever go near one again. Parents treating their children like toys to fight over.

differentnameforthis Fri 12-Oct-12 06:52:09

Anyone who is interested ... according to the mum's facebook page, the girls have had contact with their mum via Skype.

I bet that still won't be enough for some.

Xenia Fri 12-Oct-12 07:16:01

Most reasonable parents want their children to see both parents after divorce and most of us don't take our children against the law to another country. Some do apply to the court and get or don't get permission (and many others reach agreement with the other parent about it). In cases like this it is important the law is followed.

If the mother wants to see the children regularly she could try to move to Italy. Obviously she took a massive risk in taking them away 2 years ago unlawfully so I am not sure what consequences there will be for her in Italy now even though the father says he will take no action.

Gunznroses Fri 12-Oct-12 07:41:46

But it seems whilst the kids were in Australia they were actually in "foster care", are people actually saying this would be better for the kids than living with their father in Italy ?

Redsilk Fri 12-Oct-12 08:53:44

Yes, they were take away from the mum. but they were removed from foster care when the older girl threatened to commit suicide. At the hearing a couple of weeks ago, the court-appointed psychologist testified that the girl admitted she only said this because her mother told her to. This caused the change in tone of some of the more legit Australian media about mum, especially since it followed the admission by the mother's lawyers that the maternal grandmother had said she would kill her granddaughters before allowing them to be returned to Italy.

If the girls were to remain in Australia there's no way they would be allowed to remain with mum and her family. No court in the world would accept responsibility for what could happen to thm girls in mum's care.

Snorbs Fri 12-Oct-12 09:07:47

I wonder if the great-aunt is at risk of prosecution for conspiracy to pervert the course of justice for her role in hiding the children?

Gunznroses Fri 12-Oct-12 09:10:06

Redsilk - Thank you.
so based on that startling piece of news which seems to have been ignored by many posters here i'm really struggling to understand how people can still be campaiging for the children to remain in australia with said mother ! If i were their dad i'd be fighting tooth and nail to get them back regardless of how many yrs they've been living there, i'd be more interested in reducing the damage of their being away for 2 yrs and looking forward to creating a better more stable future for them in the years to come. 2 yrs is a very short time when looking at a lifetime.

Xenia Fri 12-Oct-12 10:56:06

I think the mother needs some help. Plenty of parents get very very one sided and bound up in their own cause which at times can overtake the issue of what is best for children. Many want the children all the time or not at all and all kinds of silly demands, whereas most good post divorce contact comes from compromise.

I am sure they will settle back in Italy and the teenage girl as those of us who have had some know only too well is not always the most reliable of things.

niceguy2 Fri 12-Oct-12 11:18:31

Why is my assumption less valid than anyone else's here? We're all making assumptions. My assumption is that the father is controlling. My view is "hearsay" whereas your assumption that the mother "damaged" the girls is proof? Where is your proof?
The 'proof' is in all the court documents and press releases. Whereas your assumption that the father is abusive seems to be based upon nothing but the mother's word. Which is understandable.....if she hadn't continually lied & manipulated everyone around her. Given that, I don't give her word much credibility.

I don't know why everyone keeps referring to the Hague convention with such reverence......and I'd be surprised if after all this there won't be some changes.

I bet you nothing will change. The Hague convention has been one of our most important international laws protecting our children. The right decision has been made here and I am glad to see the judge made it rather than kowtow to mum's illegal, irresponsible and manipulative behaviour.

But one parent is Italian, the other Australian - which means one parent is going to suffer horribly if they both stay put. I can understand the mother's actions, particularly if she felt that the marriage failed because of a basic lack of respect. None of the options looked good for her.

She should have stayed in Italy and apply to leave with the girls to court. If she won then fair enough. If she lost then she would have to stay. Bear in mind this is not a woman who just arrived a couple of years ago but has spent half her life in Italy and was fluent in Italian and fully engrained in their society.

What she can't just do is sod off with the girls in tow. And the only reason she could do that is because she lied (a pattern) to the Australian authorities.

Honestly Segue, I cannot understand anything the mum has done correctly. So I fail to understand your sympathy for her.

LtEveDallas Fri 12-Oct-12 12:16:25

I think the mother needs some help

I would agree with that Xenia. It beggars belief that she could think this was a good idea and does make me worry about her stability.

I'm also concerned for the girls welfare/mental health on top of everything else. I do hope they have access to counselling/MH professionals, because I can't see that they can bounce back from something like this. They need an output for their anger, grief and confusion.

Poor buggers.

segue Fri 12-Oct-12 23:49:56

I defend her because the views here are one-sided to the extreme. No, I don't believe she is all bad and he is all good. Sometimes things are that simple, but I don't believe so in this case. I know what she did was illegal, despicable and desperate. I notice that no-one here has actually said what they think about the father, as though that's irrelevant. Could you do something like this to your spouse/partner and put someone through this torment? Sometimes marriages fail because people just grow apart, mature in different ways, lose attraction for one another. But if the basic respect is there, there will be a conscientious effort to get along for the sake of the children. If both parents lived here they could agree to live apart but reasonably close to one another, get a new job if need be, and share custody - so it's not the end of the world for either parent. Unfortunately some marriages are not based around respect and when children are involved the fall out is ugly because then it's all about ownership. I think this may be one of those marriages. Maybe, due to her lack of independent means, she was subservient. The person who wields the purse strings wields the power; sometimes this is done gracefully, sometimes not. But there has to be some serious issues for her to do what she did. What is the basis for that hatred and why is it irrelevant? Don't the full facts matter?

differentnameforthis Sat 13-Oct-12 07:47:10

The full facts like she asked him to relocate to Oz at one point? If she wanted him to do that, so they could all be together as a family, can he really be as bad as she makes out?

Xenia Sat 13-Oct-12 08:03:48

It is not one sided to take the view that a parent must never be allowed to break the law and take their children abroad to live. It protects our children if we see that law complied with . Well done Australia for this. Yes that might sometimes make hard cases but that does not make the decision wrong.

As for who is the bad person int he marriage we all know that there is often fault on both sides and not to b elieve what each side says. If she was worried about this kind of thing why marry a foreigner in the first place? We all know no matter how strong the lust that the consequence if major difference and the risk of jurisdictional issues over children and divorce. She chose to live in Italy. She chose to bring her children up as Italians until she snatched them away 2 years ago. She formed that status quo of Italian children by marrying and bringing them up there - her risk.

If ther eis al esson and someone abovce is saying the mother did not earn much money the moral of that is make sure those teenage girls go out there and be bankers, actuaries, lawyers and top accountants - don't persuade a girl into al ow paid career and make sure they realise that those issues matter just as much as how you look and whom you might marry. Feminism is the key to most personal happiness.

nkf Sat 13-Oct-12 08:11:23

Why is the court report online? Aren't family matters held in secret in Australia?

nkf Sat 13-Oct-12 08:12:38

And I agree with Xenia. The two countries and the law have come out very well. Something works. The parents have cocked up but the people who adminster the law haven't.

Xenia Sat 13-Oct-12 08:14:37

I would favour more openness in UK proceedings too as i think on balance that benefits parents adn children. We have too much secrecy here. I don't know about Australian law and may be the mother put a lot of information in the public domain anyway so the court realised it would be dangerous just to allow one side out. Sometimes the UK does the same in some family cases.

niceguy2 Sat 13-Oct-12 08:48:13

I notice that no-one here has actually said what they think about the father, as though that's irrelevant.

Well from all that's been said/published so far the father seems to have been entirely reasonable under the circumstances. Unlike his ex, he's fought to see his daughters within the law and continued to fight when a lot of men would have given up. His motives seem to have been focused on his daughters rather than revenge which is demonstrated by the fact he's happy to drop charges against his ex.

Now the girls are back in Italy he's allowed them to skype their mum. Demonstrating that unlike his ex he's still interested in the girls maintaining contact with their mum. He's willing still to have joint custody if she returns to Italy.

Aside from the unsubstantiated allegations of abuse made by his proven lying and manipulative ex, what do you think the dad should have done differently?

There you go. That's what I think about the father.

Snorbs Sat 13-Oct-12 12:39:20

I'll tell you what I think of the father, for what it's worth. I think that if I were in the same position as him, and my ex was behaving as horrendously as his has, I'd quite likely end up following the same course of action as he did.

Xenia Sat 13-Oct-12 16:10:40

The father is good and he has shown his reasonableness by allowing the children to skype their mother and I think he offered to pay for mother's visits and I think he also said he would not personally press any charges against her. Most parents on here if their other half took the children in breach of the law abroad would follow the same procedures he did. I mentioned earlier on the thread someone I know whose wife has taken the chidlren back to her home in Australia - they have always lived here. He isn't fighting it and will just see them in holidays; even though the boy just won a place at one of the best private schools in Central London and that was all fixed. It's the father's choice and I think the children being a bit older in their case may well choose the mother so no point in fighting it and I expect they will see him all summer etc but it probably will mean his relationship with them becomes one of not knowing each other and occasional visits.

I get the point about Australia not having jurisdiction to decide the issue of residency/contact etc, but it's ridiculous that the kids had to be sent back to Italy for the case to be heard.

Of course the father is not in the wrong by issuing proceedings, and to be fair to him, he probably has been trying to get the kids back for years, but still think it's unnecessary for them to be in Italy as surely in this day and age, there is technology to figure it out?

Snorbs Sat 13-Oct-12 16:33:58

ilovemydog, by that logic then in the recent case of the 15yo girl going to France with her teacher, she should have stayed in France with him while the UK courts tried him over a video link for child abduction.

niceguy2 Sat 13-Oct-12 20:59:33

What Snorbs said. The point is not the custody battle itself per se. The point is that mum illegally removed the children in a very manipulative and calculating way. If the kids are not returned then it must in danger every other child being protected by the Hague convention.

It's the same principle as why we should never negotiate with terrorists or pay ransom to kidnappers. Once you start, you open the floodgates.

um, we are not discussing terrorists hmm. At issue are children and not the rights and wrongs of the mother's/father's actions, but rather the impact on the children at this stage. Yes, it was wrong to take the children out of the jurisdiction (Italy), no one is disputing that, or at least I'm not, but one has to take into account how it will affect the children now, how many years down the road.

MaryZed Sat 13-Oct-12 21:34:38

No, we aren't discussing terrorists, we are discussing child abduction. They are children, not property and the impact of them being taken away from the only home they have ever known two years ago must have been very distressing.

If we let the mother get away with it with the response (oh, well, what's done is done), we are opening the floodgates for any disgruntled parent to do the same, working on the principle that if they can be kept hidden for long enough they will be left where they are.

Did anyone else see the piece on This Morning on Wednesday about the woman whose husband took her two children to Pakistan? She didn't see them for ten years.

Because you should watch it, if you believe that we shouldn't follow the principles of the Hague Convention.

segue Sun 14-Oct-12 00:30:36

It was a requirement of our Australian court that the father not pursue charges against his wife.

What I find hard to fathom is the basic assumption that because the mother did the wrong thing she’s therefore the bad parent and by association, the father the good parent. This doesn't logically follow at all. I’m guessing both parents are basically decent people, with flaws like all of us. I have always been interested in the underlying reasons for the mother’s actions, something which doesn't seem to occupy anyone else here. It is far too simplistic to say that she did what she did simply because she’s bad. This isn't rational argument but rather reveals how polarised and limited this type of thinking is. This isn't a 1950's western.

As I said before, I’m guessing the marriage failed because of dominance issues. Sifting through the drivel that’s been said about her, it seems she is an educated woman, and she’s Australian so probably has a different view of marital equity than an Italian male. This isn't about “bad” or “good” here. It’s more to do with cultural differences and the male-female dynamic.

From what I can gather she is not yet self-sufficient with regards to earning her living. One solution would have been for the both of them to live here, separated but at least with both of them having access to the girls. She would have had enough government assistance to support herself until she graduated. I’m guessing the father preferred to live in Italy, which is understandable from his point of view but locks her out of custody options, which he is well aware of. I doubt they have Austudy and family tax benefit in Italy. Her choice was staying in a loveless marriage or losing her girls. There seems to be not one skerrick of empathy for her situation at all. It was a horrible situation for her to find herself in.

hannah0000035 Sun 14-Oct-12 03:23:09

This is a very interesting case. these preceding posts are full of supposition and just prove how these forums can be misleading, very misleading.
In short, the father agreed to his children going with his ex wife for a holiday.
She tricked the father as she was never going to return the children. She bragged about this to a local paper in Caloundra soon after arriving in Australia. In Italy, She got Australian Government assistance in preparing the visa, a small loan etc no doubt using this same story.
The mother has stated to the courts that she wasnt happy in Italy, not because was being abused by the father, not because he was being a bad father to the girls but rather, that she couldn't find decent employment for herself.
fast forwarding a little, the mother gets to Australia, signs up for social security and commences government funded education. its obvious this was the plan, the next stage of her life. now meanwhile you can imagine dad is getting a little upset, and 2.5 years after his four children were stolen from him the hague convention brings his daughters back to him. All the relevant FACTS are here.

www.austlii.edu.au/au/cases/cth/FamCA/2011/485.html

these are the judges reasons for judgement , and in this lengthy document you'll find the mothers stated position, the fathers position, background etc.
Australia isn't pakistan ..judges can't be bought.
read this document and discover how badly the imagination can demonise one parent, in this case the father.
As a footnote to this post, when the children were taken forcibly by the feds from the mother, she told tv crews and police officers in front of the children that the father didnt love these kids. lovely eh?
Now, she won't follow her children as she is collecting funding from people who don't understand how to read documents, documents that are online and are available to everyone. leaving for Italy would halt or diminish the cashflow.

niceguy2 Sun 14-Oct-12 06:55:27

but one has to take into account how it will affect the children now, how many years down the road.

And courts & the law need to balance that along with the impact for everyone else. That was the point I was making.

There's a bigger picture here. If we let her get away with that sort of behaviour, it's a slippery slope as more & more parents do the same thing. After all, you let one do it, it's only fair you apply the same standards to others yes?

Or do you think it's not a problem?

ToothbrushThief Sun 14-Oct-12 07:12:52

I have always been interested in the underlying reasons for the mother’s actions, something which doesn't seem to occupy anyone else here. It is far too simplistic to say that she did what she did simply because she’s bad

If I could be bothered to search I'd link you to several threads on here from mothers who's relationship broke down (for all the varied reasons that relationships breakdown for) and they post on here 'AIBU to take my DC and move x miles away because I think I have better job prospects/family/friends/this is a dull town' ....but sadly it means they won't see their dad^

Some women don't seem to value the father. They view him as expendable, insignificant and disposable. Vile vile crap. I cannot imagine what mother would accept this view of their own parental role.

The existence of a another parent can be an inconvenience if you wish to make unilateral decisions about your child. Hence she left. She arrogantly ignored the law and the effect on her DC. Poor bloody kids.

differentnameforthis Sun 14-Oct-12 07:19:37

At issue are children and not the rights and wrongs of the mother's/father's actions

Actually, the wrongs of the mother is the very heart of this issue!

hannah0000035 Sun 14-Oct-12 07:22:08

its pretty obvious shes getting away with nothing. sure she had the kids without the father for 2 and a half years, did she think she was getting away with brainwashing the kids for that entire time along with her own mother in Caloundra? the world is getting smaller, people have more resources, people are getting more educated, the internet allows parents to become legal eagles or at least get pointed in the right direction. Do I think she should be prosecuted for crimes real or imagined in Italy or Australia? Damn straight I do. Mothers like this one seem to feel they can do what they like, lie to whoever they like, spin stories whenever they like...we need a deterrent and I think this is a good clear case that would provide a deterrent for parents of either gender who are considering pulling a swifty. I genuinely feel sorry for the kids who now have to unravel that brainwashing and try and get back to just..."yes my mother loves me and my dad does too"..."yes i am a valuable person, yes I'm worth loving" " "no, I don't have to self harm to get attention from people who don't love me and no, I don't have to starve myself"

differentnameforthis Sun 14-Oct-12 07:23:20

"basically decent people" do not

1] kidnap their own kids
2] keep them away from one parent for over 2yrs
3] defy court orders to return them
4] go into hiding with them
5] lie to the children about their own father
6] whip them up into a frenzy so she has to be denied communication with them until she settles down

hannah0000035 Sun 14-Oct-12 07:24:40

if you read the reasons for judgement, its clear why she left, well i think its clear anyway. Shed already separated from the father, she couldn't find suitable employment, she had no money. Mother was waiting for her in sunny Queensland.

LtEveDallas Sun 14-Oct-12 07:25:43

Hannah, thank you for that document, it was very informative

I find it interesting though that you do not mention the documented (and not denied) evidence of Domestic Violence against the mother, especially the 'Serious incident of domestic abuse' that led to her moving out of her fathers parents home into an apartment with her children.

Or the motor bike incident.

Or the fact that the children, when on visiting their father were left alone to perform domestic chores whilst he played computer games. During that one time in the week that he got to see his children?

Whilst the mother should not have kept the children in Australia, I am not ready to demonise this woman who may well have been a DA survivor.

differentnameforthis Sun 14-Oct-12 07:30:00

I would offer her sympathy if she were living in Italy, unable to come here because her girls wanted to be with both their parents & she was fecking miserable. I would offer sympathy if he was controlling her while refusing her to be independent. I would have sympathy if she could PROVE her allegations of abuse against her & the girls. I would have sympathy if she simple said to them "you go home to dad, I will try to follow as soon a I have the funds/flight/time off study etc" But she didn't do that! She added extra trauma to the their lives to justify her actions.

I am not blind to the fact that maybe perhaps possibly dad is controlling & that maybe perhaps possibly she had a shit life. But instead of making her case known through the correct channels, she kidnapped her daughters & deprived them of their father for over 2 yrs, while she manipulated them against him.

hannah0000035 Sun 14-Oct-12 07:30:09

if you go here

http://www.facebook.com/kidswithoutvoices?fref=ts

you'll see a whole pack of women who would do exactly the same thing, who can't find any fault in the mothers actions, and who are collecting money for the mothers impending legal challenge, which will of course hurt the children even more. Its actually a page either run by the mother or her mother or another family member. I feel like disinfecting after reading the tripe posted there.
If you question them or point out blatant contradictions, they'll boot and ban.

LtEveDallas Sun 14-Oct-12 07:33:20

* I would have sympathy if she could PROVE her allegations of abuse against her & the girls*

It's in the judgement, accepted by the judge, not denied by that father, and corroborated by the court appointed family adviser to the girls.

hannah0000035 Sun 14-Oct-12 07:35:08

did the mother present any evidence of domestic violence to the court? pictures, witnesses? doctors records..dental..anything...it seems strange to me that the mothers supporters are only now barfing it out..i actually don't know, these arent rhetorical questions..educate me.

hannah0000035 Sun 14-Oct-12 07:36:01

looks like ill re-read the judgement, ill be back.

hannah0000035 Sun 14-Oct-12 07:41:10

yes, i see it...point 9.
however, this was when they were together..they weren't together when she fled.
I can see why the Court wouldn't consider this violence as an obstacle in that neither of them state they want a reconciliation. if it was the case that the Father had a habit of tracking the Mother down and beating her up, then ok, I can see why it would be a danger to return the children as it places the mother, if she were to return, in some sort of danger.
I back the Courts decision.

differentnameforthis Sun 14-Oct-12 07:42:12

hannah0000035

What you have said has been stated many times on this thread, but thank you for mentioning is again, as all the other info gets lost in the conversation. I have posted that link too, but people don't want to seem to read it, because they just want to blindly support the motehr against the [abusive - in their opinion] father!

differentnameforthis Sun 14-Oct-12 07:52:58

dallas, there is NO evidence! That's the issue. It couldn't be proved, nor disproved as the father wasn't here to do so.

I have said & will say again, it just surprises me because of he were that bad, would she have asked him to relocate with them all over here approx a yr before she took the children?

It went

We should all go & live there - he didn't want to
I should go & take the children - he didn't want his children so far away
I will take the children for a holiday - which it took her a year to get him to agree to BECAUSE HE WAS WORRIED SHE WOULD NOT COME BACK.

And she says all this in an interview with a local paper.

Seems he was right!

hannah0000035 Sun 14-Oct-12 07:53:53

differentnameforthis...if people are blindly supporting someone because of gender, then those people are total f____g idiots.
there is very big lesson in this whole affair and if people don't want to learn, then they can't helped can they?

differentnameforthis Sun 14-Oct-12 07:57:18

But dallas, all that about comp games & chores are hearsay! Stuff she has said & yes, the girls have said it too, but children do that! I cannot tell you how much my mother got me to say to her solicitor when she was divorcing my stepdad! I knew it wasn't true, but she told me that we would never be happy again & we would be homeless if I didn't say it, to be able to keep the house I had to 'back her up'!

I was 16, terrified of losing my home, I would have told anyone that I was a bloody monkey if it meant that we didn't lose our home!

That happened over the course of a a couple of weeks! This woman had years to plot her side.

differentnameforthis Sun 14-Oct-12 07:58:33

It doesn't stand uop as proof. The only reason the judge cannot dismiss it, is because the father cannot prove he didn't do it! How can you prove you didn't hit someone?

Xenia Sun 14-Oct-12 07:59:37

I don't think we need to consider issues ilke whether the children did chorse whilst the father played video games. This is not a case about who is the better parent. It is about ensuring the law is respected to ensure that tomorrow our children are not stolen by their other parent without a court order. Even if this father is not up to much (and who can say - parents make up all kinds of stuff on both sides on divorce) for the sake of all other children in the world who live in Hague C countries (sadly many countries have not signed up to Hague) the judgment is right.

Also as a feminist I never believe children are best off with a mother because she is female. We need to get away from a view that mother is God and best for children. Children have two parents and they can do equally well with either. He has let them speak to her on Skype. Perhaps the Italians can find a job for her in Italy despite the current economic climate.

LtEveDallas Sun 14-Oct-12 07:59:48

Abusive in the JUDGES opinion, Differentname.

Hannah, you should also read paras 32, 78, 83, 84, 88, 89, 93, 94, 96,97,98, 101.

This document is all about whether the children should be returned, which I agree they should have been (albeit in less damaging circumstances), but it makes me understand why the mother left. I can also see why she felt the children were not safe with their father.

There is no doubt she lied about the circumstances of the holiday/leaving when she did. She should be punished for that.

Although the father lied to the court as well, saying he had no contact with the girls for a year, but then the courts saw the evidence that proved he had.

There is fault on both sides. I am glad we have the Hague and glad that the courts abided by it - LAW should be black and white.

differentnameforthis Sun 14-Oct-12 07:59:58

hannah0000035

Other than what she said & got the girls to say, there are, afaik, no known items that attest to her allegations being true. It all hinges on the fact that the father didn't/couldn't deny it or disprove it.

hannah0000035 Sun 14-Oct-12 08:00:51

Imperfect people still have / and get awarded parenting rights every working day of the year- drug addicts, alcoholics, ex-cons..blah blah. Are some people saying that parent x isnt perfect therefore parent x has no parenting rights? i would imagine at any rate that if there was a serious assault, there then would be serious evidence..i gather Italy has hospitals, cameras.
The mother certainly isn't perfect and is anyone questioning whether she is fit to parent on any level?
Remember her he had all contact removed by the mothers actions, at least in italy.
Are the naysayers indicating he doesn't deserve the contact he has now?
Ridiculous.

differentnameforthis Sun 14-Oct-12 08:02:13

hannah0000035 I have a couple of friends on fb that are blindly supporting her. They refuse to read anything other than the facebook page or her mums pages (who they have suddenly become friends with).

They won't listen to reason & believe the girls should never have been returned.

hannah0000035 Sun 14-Oct-12 08:07:46

differentnameforthis, this topic has revealed the nature of your friends. Another positive aspect of a dark story.

LtEveDallas Sun 14-Oct-12 08:10:49

Hannah, the motorbike incident? That certainly was 'recorded' as you put it. The child ended up in hospital.

Differentname, blindly supporting? The same could be said about you.

I do not 'supoort' the mother, but I understand why she left.
I do not 'supoort' the father, but I understand why he used the Hague.

hannah0000035 Sun 14-Oct-12 08:18:53

your'e asking me to believe testimony provided by the mother? to blindly accept anything she states?...you're asking too much.
there is abundance of evidence that proves the mother is dishonest.
He hit something with the bike, I understand this happens quite a lot on bikes......do you accept that it could have been an accident...not in incident?
if you can, then me and you can be on the same page, otherwise...pls dont expect any respect from me.
Have you considered that the mother is a well established liar? that she expects to be financially supported by others..that she seems to seek the easy way out of everything?

hannah0000035 Sun 14-Oct-12 08:21:16

ltevedallas..i think me and you can't be on the same page on this one. I simply can't believe anything stated from the mother and you seem to accept is as simple truth.

LtEveDallas Sun 14-Oct-12 08:35:49

The father is also an established liar.

I believe in the Judge.

I don't need to disbelieve the mother or the father, I care about the children. I don't need to post nasty things about the mother - I don't know her. But I will defend anyone who is a victim of DA, male or female, for decisons they have made as a result of said violence. DA victims are often disbelieved, I am a better person for giving them the benefit of the doubt.

I dont need or desire your respect.

The evidence is in the document you provided. The evidence is accepted by the judge and corroborated by the family adviser, the fathers psychiatrist and the children.

The LAW has done what the LAW needed to do. I believe in the LAW. Not the witch hunt.

Xenia Sun 14-Oct-12 09:04:23

The law should prevail because if we let this parent steal their chidlren then we are saying in effect to our partner and the world steal my children and I hope the law does not protect me and them. Sometimes hard cases make good law, not that this even looks like a hard case as they we brought up in Italy all their lives until 2 years ago.

MaryZed Sun 14-Oct-12 09:41:20

Presumably you are talking about this:

"In particular, the mother referred to a number of specific incidents that she outlines in her affidavit as evidence supporting her submission on this point. She said that the evidence established:
That the father had hit the girls in the back of the head in the past and on at least one occasion one of the girls had hit her head on the table as a consequence.
That the father had gone to hit one of the girls on the back of the head on one occasion when she put her hand up and his hand bent her thumb back such that it caused her quite a degree of pain.
That one of the girls had asked the father to help her move the table when at the villa one weekend, which request he had unreasonably refused, causing the child to attempt to move the table herself, whereupon it collapsed on her fingers crushing them.
That on one occasion when one of the girls was wearing a plaster cast on her ankle, having suffered a sprain injury whilst participating in Sport 1, the father inappropriately removed the cast during the weekend visit causing the child unnecessary pain.
That in early 2010 the father crashed his motorcycle into a car with one of the children riding pillion in circumstances where, the mother asserts, the father was taking medication for his mental health issues, was speeding and driving with reckless disregard for his own safety and the safety of his daughter who was riding pillion and not appropriately dressed for motor bike riding. The girl suffered some minor injuries and was taken to hospital by ambulance.
The evidence of the mother in respect to all of the above matters is corroborated, at least to some extent, by the reporting of Ms E of the information conveyed to her by the girls during her interviews of them. Indeed, Ms E says at paragraph 32 of her report:
Information provided by the children corroborates [the mother’s] perspective to some degree."

It seems to me that in 13 years of parenting most of us would, if we really racked out brains, be able to come up with a number of incidences of doing stupid things, near misses or accidents that we could blame our partners for.

And the sentence "Information provided by the children corroborates [the mother’s] perspective to some degree" means that the children are mostly agreeing with the mother - which of course they would.

My son tells everyone he tried to break my arm once. My other son nearly killed himself cycling down a hill into a road without a helmet (when his dad was in charge of him), I have lost my temper a couple of times with the kids - once I pushed ds2 away from me and he hit his head on the corner of a table. The motorbike incident is the only one on that list which is a criminal offence - and most people in Italy drive motorbikes like that so I wouldn't be surprised if it wasn't considered unusual to have a child on the back of a bike where they live.

Also, my children could complain that I'm on mumsnet while they make their own tea sometimes.

I'm not saying he is perfect, but how many of us are? It seems to me that she has cobbled together every single incident she can think of, and got the girls to back her up to justify her actions in abducting them.

LtEveDallas Sun 14-Oct-12 09:50:27

OK, well I don't read it like that, we all bring our own experiences to the table. I also think removing a plastercast is very wrong, unless you are a doctor.

To me corroboration means they agree that the incidents happened, not that they are just agreeing with the mother.

I think that the document gives insight into why she left. Again, I'm not saying that she was right to do so - I never have.

I do believe she was a victim of DA. I thought she may have been, so was not ready to demonise her and now I have read that document in full I believe that my instincts were correct.

hannah0000035 Sun 14-Oct-12 10:03:09

ltevedallas posts this :

"Hannah, you should also read paras 32, 78, 83, 84, 88, 89, 93, 94, 96,97,98, 101.

This document is all about whether the children should be returned, which I agree they should have been (albeit in less damaging circumstances), but it makes me understand why the mother left. I can also see why she felt the children were not safe with their father."

the paragraphs he/she advises me to read mostly refer to statements that the mother makes. he/she then goes on to state that he/she understands why the mother left and empathizes with the mother..." the children weren't ( aren't) safe with father.

so here we see the ltevedallas believing what the mother has stated and further ltevedallas is stating that she is giving the mother the benefit of the doubt regarding domestic violence.

Are you aware that you do so at the fathers cost?
Are you aware that every action the mother has made since she stole the children affects those children in a negative way? Yet you claim to care for the children...

your posts confuse me in that your'e appearing to suggest that the mother did an acceptable thing, then in other posts you state that you believe in the judge who says that what the mother did was unacceptable. i think your'e a person that is struggling to accept something that you don't want to. good luck with that, and goodbye.

segue Sun 14-Oct-12 10:16:53

I didn't know about the domestic violence allegations, nor about the father's mental health issues. This puts a whole new slant on things.

http://www.austlii.edu.au/au/cases/cth/FamCA/2011/485.html

"At that time, a serious incident of domestic violence perpetrated by Mr V against Ms Garning precipitated the separation."

"That in early 2010 the father crashed his motorcycle into a car with one of the children riding pillion in circumstances where, the mother asserts, the father was taking medication for his mental health issues, was speeding and driving with reckless disregard for his own safety and the safety of his daughter who was riding pillion and not appropriately dressed for motor bike riding. The girl suffered some minor injuries and was taken to hospital by ambulance."

I'm waiting for someone to say the hospital and ambulance workers are complete fabrications and that an official court document has been manipulated by the mother.

I completely understand the mother's actions now. It was something I would do myself, in the same circumstances, if I had the courage.

Redsilk Sun 14-Oct-12 10:21:15

LtEve, I'm sorry but your posts seem just so incredibly naive to someone who has lived through one of these situations.

"Playing computer games" during visits? I had to laugh. In our case the children were coached by their mother to provide details she could use against the father at every possibility, true or not, or highly exaggerated. Pop got a call on the phone when with the children would appear in court records as, "the father works on his phone or computer rather than spend time with the children."

Mum did the same. Difference was Pop wasn't using the children to turn them against mum, which is why mum eventually lost custody, and is why Barrett would have lost custody in Australia. She treats her kids as property to do what she wants.

Is the father good, bad, or perfect? Who knows. I respect his silence in the media and refusal to counterattack the mum. That shows wise forbearance in the interest of his children, sacrificing his public reputation for their sake. But his wanting to keep them out of the spotlight suggests he is decent.

AmberLeaf Sun 14-Oct-12 10:25:01

Thanks for that link Hannah, I've posted about some of those allegations but didn't have any 'proof' of them like that you posted.

Redsilk Sun 14-Oct-12 10:25:27

The "truth is in the middle" comment is also maddening. No, ladies, it's not when one side is so far off the charts. It's reality vs delusion, and the truth is not between them.

Also, the evidence there was no DV was provided by the Australian media when they heeded mum's request that they harass the girls and the father at his home in Florence. The two older girls disobeyed the father and refused to come inside, staying out to speak with the media.

If he was an abuser, they would have been afraid of him. They clearly were not, on the contrary...

Snorbs Sun 14-Oct-12 10:26:29

In that report of the motorbike accident I don't recall reading anything about the police prosecuting the father for a) speeding, b) riding with reckless disregard for safety, c) riding while under the influence of drugs or d) riding without required protective equipment.

Or are these just a list of the claims the mother has made about an accident that, presumably, she was not present to witness?

hannah0000035 Sun 14-Oct-12 10:31:49

segue- do you understand and accept that the mother may have lied about the motorbike accident? - do you accept that there may not have been a domestic violence issue..
lets play pretend for a moment and accept that he did belt her/ pull her hair / call her names whatever.
how does this affect his parenting ability today?
the man had depression issues ending years ago. how does this affect his parenting ability today?
it seems to me that there are people who are suggesting

- " look, this person deserves to have had his kids taken from him because mum says he beat her and i don't like that cause i was beaten "
The kids ( minus the brainwashing ) may disagree with you there.
You and I and Forrest J know nothing about domestic violence evidence except the testimony of an accomplished, proven manipulator and liar.
I get the feeling the REAL message these people want to post is that mothers can do what they please, whenever...and to whatever man they please.
Am I wrong?

segue Sun 14-Oct-12 10:40:26

yes

hannah0000035 Sun 14-Oct-12 10:49:42

The one word of your last post is kind of overshadowed by the childish post you made before that but thanks anyway segue

LtEveDallas Sun 14-Oct-12 10:54:34

Hannah, firstly I have been on MN for over 7 years. Regular MNers know me and know I am female. As a brand new joiner trying to insinuate I am a man because I disagree with you makes you look rather silly.

I understand that this is a long thread and as a newbie you may not want to read the whole thing, but you really should. I have NOT condoned what the mother did in any one of my posts. To further reiterate. The mother should NOT have taken the children to Aus and she SHOULD be punished for doing so. She broke the law. Anyone that breaks the law should be punished.

Can I be any clearer?

hannah0000035 Sun 14-Oct-12 11:02:00

it seems that segue likes to cut and paste, come on segue...just tell it how it is lol

http://www.facebook.com/kidswithoutvoices?fref=ts

hannah0000035 Sun 14-Oct-12 11:03:30

your posts are as clear a mud to me, have you been this contradictory for the whole seven years?

hannah0000035 Sun 14-Oct-12 11:05:17

lteve, lets just call it quits eh? probably for the best i'd say.

AmberLeaf Sun 14-Oct-12 11:11:41

Hannah

Is there any disputing that there was domestic violence? the document you linked mentioned a serious incident that was the catalyst for her leaving the marital home.

AmberLeaf Sun 14-Oct-12 11:14:29

I agree that she broke the law in taking them, but as I have said all along from the start of this thread, if there was DV then I can understand her actions.

So given that there was DV I haven't changed my mind in that yes she acted illegally, but she was escaping abuse, so I don't judge her too harshly.

Sad to see so many abuse apologists here.

hannah0000035 Sun 14-Oct-12 11:25:45

amber, that is a good question in that there seems to be a lot of confusion regarding the interpretation of these legal documents.
the mother ALLEGES domestic violence by affidavit or maybe even by oral submissions during the hearing. the judge then makes his judgement, and then provides reasons why he made the judgement.
So, what you see is the judge referring to the mothers statements that she made during the hearing, nothing else. If there were photos, witnesses - then he would be referring to them and kicking the fathers ass in some way.
It seems to me that he disregards the ( lack of ) evidence/possibility of domestic violence as it does not affect the fathers ability to parent today- even if it indeed did happen, so even if there were photos etc, it wouldnt matter to Forrest J, today now in 2012.
These judges weigh everything up in these matters, and there usually is a ton of allegations that are fake and real and real evidence etc.
i believe the mother wrecked her own case by destroying her credibility, after the judge realised she played games, it was all over for her.

hannah0000035 Sun 14-Oct-12 11:27:56

amber why do you believe there was domestic violence? because the mother says so?

AmberLeaf Sun 14-Oct-12 11:29:58

Why do you believe there wasn't?

AmberLeaf Sun 14-Oct-12 11:32:14

See point .9 under Brief background facts

It says facts not allegations.

hannah0000035 Sun 14-Oct-12 11:32:56

lol im not making any sense it seems, ok ill come back later bye for now

AmberLeaf Sun 14-Oct-12 11:34:06

As it is only a 'brief' background to the facts it doesnt go into detail, but it does state fact so I take from that that it has been proven to be more than just an allegation and that judge Forrester must have seen the evidence to back that.

hannah0000035 Sun 14-Oct-12 11:38:45

amber, you may like to read paragraphs 86-90, note here the girls by this time had well and truly been brainwashed...i dont think it matters what you read by the sounds of it amber. Are you believing what you want to believe?

AmberLeaf Sun 14-Oct-12 11:39:06

Aww where is everyone now it is there in black and white that there was domestic violence?

I'm waiting for all those who said she was making it all up and that she only started saying it a year ago.

hannah0000035 Sun 14-Oct-12 11:40:49

paragraphs 86-90 directly relate to point 9 . This is how the reasons for judgement work. Not much gravity was given to the allegations. the use of the word ' fact' is an unfortunate one, but its the one they use on those forms.

AmberLeaf Sun 14-Oct-12 11:40:49

I have said I accept that she acted illegally.

I will say now that I accept she may have put influence on the children.

BUT why oh why are you choosing to gloss over the fact that there was domestic violence?

Are you believing what you want to believe?

hannah0000035 Sun 14-Oct-12 11:44:13

amber, you are now filled with excitement ..your point has proven.
but, youre wrong dear.
you believe what you want to and are a classic example of someone
who is blinded by ...well i don't know what makes you tick.
but anyway amber you believe what you want to ok?
I must say im confused by people who are like this but anyway...
the sun will still come up tomorrow im sure.

AmberLeaf Sun 14-Oct-12 11:45:24

points 86-90

The mother asserts a history of quite serious physical, verbal and emotional abuse at the hands of the father. Counsel for the central authority submits that the evidence really establishes that that is mostly historical, occurring prior to separation in 2007. He further asserts that the father denies the allegations in any event

Ms E’s reporting of the information conveyed to her by the girls provides support for the mother’s evidence that she was subjected to violence prior to separation

I am inclined to accept the mother’s evidence that she was subjected to emotional, verbal and physical violence prior to, and up to the point of, separation in 2007

The mother gives evidence that since separation she has been subject to some harassment and further verbal abuse by the father and even death threats. She does not assert that he has been physically violent to her since she moved away from the villa they shared in early 2007. Of course, there can be no condoning of any ongoing harassment, threats or verbal abuse but the nature of these Hague Convention applications is such that a court in this country has, to a significant degree, accept the capacities of the Courts and the law enforcement agencies of countries, such as Italy from whence these children came, to provide suitable protection and remedies for the mother in such circumstances. Conscious of this, I simply cannot accept the mother’s evidence that the Italian system is such that she cannot get such protection and remedial support

Erm yeah? what is your point? all the above supports the allegations [proven?] of domestic violence.

He was violent prior to their separation.

Harrassment, verbal abuse and death threats since the separation.

He sounds lovely doesn't he.

edam Sun 14-Oct-12 11:47:18

Good grief, that footage is shocking. Whatever the rights and wrongs of the situation, using force to drag children kicking and screaming away from their mother is horrific. And the children are old enough to have their views be paramount. Does the Australian legal system not agree that the welfare of the child is all-important and the deciding factor?

AmberLeaf Sun 14-Oct-12 11:48:59

No Hannah, im not 'filled with excitement'

I started this thread over a week ago, I had an opinion then, im surprised to have had it confirmed so quickly and thank you for your link.

No you don't know what makes me 'tick' but rest assured, it takes more than a story in the news about people I dont even know to 'fill me with excitement'

hannah0000035 Sun 14-Oct-12 11:54:45

" the mother asserts..."
" mr e says the girls said"
" the mother states"....

uh, well yeah thats prime evidence right there.

hannah0000035 Sun 14-Oct-12 11:56:43

amber i have a real hard time believing one word the mother " states".
you don't.
end of story.

Snorbs Sun 14-Oct-12 12:03:04

edam, yes it does. But it's also a signatory to the Hague Convention which says that, in cases of child abduction (such as this), the country that has jurisdiction is the country where the children were originally living and that children should be returned to the country they were abducted from. Which in this case is Italy.

hannah0000035 Sun 14-Oct-12 12:05:12

so my fifteen year olds views are paramount? please....lol are you thinking about what you're typing out?

AmberLeaf Sun 14-Oct-12 12:07:57

Hannah, are you saying that you 100% disbelieve the allegations of violence [that are stated as FACT in the court document that you linked]

hannah0000035 Sun 14-Oct-12 12:18:56

amber, paragraphs 86-90 directly relate to point 9, because the judge is " inclined to accept" that the mother is telling the truth about paragraphs 86-90, then it becomes 'fact'..hes a judge and he finds out the ' facts' right?...but...justice forrest didn't see and hear what I saw after the judgement was written...when the mother revealed her true self to the whole world via media. i think she's a scammer and a liar. Judge forrest believed her testimony..kind of. he was " inclined" to.

i don't.

hannah0000035 Sun 14-Oct-12 12:19:37

my ratio of truth to lies regarding the mother is...15 truth 85 lies.

hannah0000035 Sun 14-Oct-12 12:22:29

amber, lets say he hit the mother in...2007

do you think the children should be with him right now?

LtEveDallas Sun 14-Oct-12 12:27:54

Neither Amber or I have said he shouldn't have the children with him right now.

You are falling back on an arguement that has not been stated.

You are sounding rather hectoring now. For what ever reason you are choosing to disbelieve that there was Domestic Violence in the home. I don't know why, but it is a shame.

AmberLeaf Sun 14-Oct-12 12:28:42

I think whether he seriously assaulted her in 2007 or 2 days ago would make no difference to me.

hannah0000035 Sun 14-Oct-12 12:30:11

yes but how does it relate to this " opinion" you just mentioned amber?

hannah0000035 Sun 14-Oct-12 12:32:26

ltevedallas, i dont understand your post. If you dont know why i disbeleive DA in that case after reading my last few posts then i think youre..lol i won't say.
what is " hectoring" btw?

hannah0000035 Sun 14-Oct-12 12:34:38

"I agree that she broke the law in taking them, but as I have said all along from the start of this thread, if there was DV then I can understand her actions."

why would DV legitimise her actions amber...they had seperated by the time the children were stolen. Are you aware of that?

AmberLeaf Sun 14-Oct-12 12:37:11

why would DV legitimise her actions amber

I haven't said it would legitimise her actions. I said I could understand them given the circumstances of DV.

they had seperated by the time the children were stolen. Are you aware of that?

Umm yes I am aware of that, Didnt I just post something indicating it was his violence that was the catalyst for their separation in 2007.

hannah0000035 Sun 14-Oct-12 12:43:23

you posted something that said the mother alleges violence, which is what happens quite a lot. sometimes its real, sometimes its not.

it doesn't matter whats posted though..you have this " opinion"...and it ain't going anywhere.

I think the mother is now paying for her actions, I think the children are paying for her actions, i think the people are paying the mother as usual and i think its very hard for people to believe something they don't want to believe.

c'est la vie

AmberLeaf Sun 14-Oct-12 13:04:34

it doesn't matter whats posted though..you have this " opinion"...and it ain't going anywhere Same to you.

You keep posting new things and ignoring my previous replies to you! very odd.

hannah0000035 Sun 14-Oct-12 13:15:16

amber, you lost me a few posts ago.
before you go to bed tonight, take a good look at the word fact on the document i provided for you. You'll sleep better.
i firmly believe the mother had neither legal nor moral grounds for what she did.
you'd like to think that you're trying to find some moral high ground for the mothers actions, but all i see is a person who is trying to get some kind of revenge, by proxy..on this italian man. sounds weird i know, but hey, we live in a weird world.
On my part, im worried about those kids as i can only see more pain for them. they've been identified and named ( by the mother herself ), and the mother may face a very public prosecution which will hurt the children.
revenge? hug it tight tonight amber, see if it keeps you warm.

hannah0000035 Sun 14-Oct-12 13:24:54

if the mother isn't prosecuted, it may encourage more families to suffer. if the mother is prosecuted, then these children suffer more.
the world can be such a sad place

AmberLeaf Sun 14-Oct-12 13:26:16

Not sure why I lost you, i've been clear and haven't rambled..........

revenge? hug it tight tonight amber, see if it keeps you warm

Sorry? what? confused

hannah0000035 Sun 14-Oct-12 13:32:54

amber, you're not sure but i am..almost.
ok..enough for now. ill come back here later or tomorrow.

LtEveDallas Sun 14-Oct-12 13:34:28

?? How bizarre?

AmberLeaf Sun 14-Oct-12 13:43:00

Ummm? okaay confused

Bizarre indeed!

hannah0000035 Sun 14-Oct-12 14:18:36

Amber, ( and all the other blindfolded girls out there ) I think you have a wounded psyche, and you NEED to feel as if this man, this italian man physically hurt the mother as you have been physically hurt in the past in order for you to get some kind of revenge.( as you hope she does in some way ) in essence you are placing yourselves in that mothers shoes . thats why no amount of logic means anything to you. this whole thing is an opportunity for some kind of revenge. you identify yourselves with victims of domestic violence. this conclusion i have reached is logical after considering your posts. bizarre? possibly...but its what i think. Sue me.

ltevedallas, i uh, wish you the best and another seven joyous years here.

AmberLeaf Sun 14-Oct-12 14:24:45

Ha ha ha! Nice try Hannah, but im afraid you are barking up the wrong tree.

No man, Italian or otherwise has physically hurt me in that way.

I don't identify with victims of domestic violence, I empathise there is a very big difference!

Oh and im not a 'girl' I am a 38 year old woman .........i'm not blindfolded either!

So, no, your conclusion is utterly illogical

hannah0000035 Sun 14-Oct-12 14:27:46

semantics...

and im not convinced amber. you are wounded.

hannah0000035 Sun 14-Oct-12 14:28:39

ok im going for now, lovely chatting etc back tomorrow.

LtEveDallas Sun 14-Oct-12 14:30:43

Hannah, you really aren't very nice, are you?

I certainly emphasise with victims of Domestic Violence, yes. Most decent human beings do. Why do you see that as a bad thing?

Just because I am not ready to see the man in this case as a saint that has done nothing wrong does not mean I want 'revenge' on men. There are some lovely male posters on MN whose views I respect. There is one male poster on her that was treated terribly by his DW and I sympathise greatly with his situation. I have spent the whole of my adult life working with men, and have many more male friends than female - I am just as able to tell them when they are being wankers as I would if they were female.

If the situation in this case was reversed. If it was the man that took the children to Australia, I would feel exactly the same. I am confident in my views and my actions and my posts speak for themselves regarding my views. You want to see something in them that is just not there.

AmberLeaf Sun 14-Oct-12 14:37:56

I don't care if you're convinced or not Hannah. I'm not actually trying to convince you of anything!

Xenia Sun 14-Oct-12 14:49:37

This has nothing to do with DV. She broke the law. There are ways to deal with DV issues once you are divorced in Italy. The girls could have recorded it on their phones but that does not mean they can be removed from Italy.

Xenia Sun 14-Oct-12 14:49:59

The Australian judgment protects us all and our children and we salute the Australian courts for their stance.

ToothbrushThief Sun 14-Oct-12 16:19:55

I hope Hannah is lying down in a cool dark room somewhere confused hmm

Exactly what Xenia said at 14:49:37

segue Sun 14-Oct-12 22:09:44

If you can’t make your point without denigrating other posters then that reflects badly on you. This is a visceral argument, and the side you take depends on your inherent biases, which we all have. It’s basically a male-female debate. I know one of the regular father-defenders often alludes to how her own mother also lied to keep her in the family home. Our own feelings of our mothers and fathers will naturally intrude on this. It would be an interesting psychological experiment to poll each of us and ask where our gut feelings lie: mother/father.

As this thread has unfolded, and with the release of the austlii paper, I now believe the father just does what he damn well pleases. I no longer believe he’s basically a decent man as I originally said. As to the mother’s connivances, who of you wouldn't do the same thing under the circumstances?

I wonder how many whacks to the head are acceptable. My view, concerning relationships, is one whack you’re out. Maybe the mother in this case took the same view. So what does she do? We have graduates in this country who can’t get a job. She’s a foreigner in Italy and just walks into a house and job? How can she argue for shared custody in Italy if she can’t support them?

So the father is a fine dad as long as he keeps his violence, controlling nature and mental issues at bay? Wouldn't it be more truthful to accept that maybe he’s not that fine a dad?

I don’t respect a lot of the mother’s manipulations, and frankly some of them were stupid. But I understand her desperation. If she wanted to keep her daughters there wasn't anything else she could have done and to stay in a marriage like this is unthinkable.

hannah0000035 Sun 14-Oct-12 22:12:37

cool and dark...and lovely, thankyou.

lteve, the word you are struggling with is actually empathise. ( empathize wherever they butcher the english language )
In some kind of Irony, your use of this tends to confirm that you also have suffered in this way.
The word both amber and lteve should have probably used is sympathise.
why the english lesson? it may lead to less confusion for us down the track.
Duty beckons girls and I have so much to do, enjoy your day wherever you are.

MaryZed Sun 14-Oct-12 22:17:19

So far, having read a lot on this, I have come to the conclusion that the father may have done some not very nice stuff, and the mother has definitely done some not very nice stuff.

I have a lot of respect for the Australian judge who, against public opinion, made a decision based on the facts before him that the children would not be in any danger if returned to Italy, ensured as far as possible that the mother could return to Italy, and also sent out a strong message that child abduction is not to be tolerated, thus allowing many parents (mostly mothers, but some fathers too) to sleep better at night.

As I have no access to much of the so-called evidence of various aspects alleged by the mother, and having no reason to disbelieve the judge, tend to believe him, and thus agree with their return.

It's just a pity that the mother made it so traumatic for them sad.

And she didn't have to stay in the marriage, by the way. She was living separately from him, he was financing where she was living and she had a job, while she and here ex-husband shared custody of the girls. She could have stayed in Italy - it was probably not as financially beneficial (as she would have less access to government benefits) but it was possible to stay.

She just didn't want to.

hannah0000035 Sun 14-Oct-12 22:19:00

segue, you seem failry sure the mother was " whacked" ..why?

The game that mothers play whereby they just accuse DV and the Court favours them is an old one. To convince you all here that this game exists
I would consider would be like selling rice to the chinese.

Colin Forrest believes the mother..Australian family law has been plagued by Judges believing the same thing for decades.

Why do YOU believe the mother?

Why do you say the father does as he damn well pleases?

hannah0000035 Sun 14-Oct-12 22:22:21

the point is, the strong point i rely on is that the mother has no evidence.
there is no evidence to examine.
there are no photos etc.
its ok of course to take sides..but why on earth would anyone ' back' the mother?
because she's female?

Redsilk Sun 14-Oct-12 22:44:53

any updates of the story? I haven't seen anything new in the press, although my ability to search Italian news is weak. The mum's FB page is just recycling what was in the media over a week ago and more. The FB page for the dad is either gone or I'm now blocked and can't see it.

When will mum arrive in Italy? The parents both have joint custody so in theory she can just show up and demand time with her daughters.
When will dad sue the Oz foreign ministry for aiding the abduction?
When will the girls' lives return to normal? are they all back in Italian schools after being in an English-only environment and schools for over 2 years?

After all the tabloid attention this story received, strange that now there's just silence...

AmberLeaf Sun 14-Oct-12 23:03:21

^lteve, the word you are struggling with is actually empathise. ( empathize wherever they butcher the english language )
In some kind of Irony, your use of this tends to confirm that you also have suffered in this way.
The word both amber and lteve should have probably used is sympathise.
why the english lesson? it may lead to less confusion for us down the track.
Duty beckons girls and I have so much to do, enjoy your day wherever you are^

Oh dear!

I think you need an english lesson Hannah.

Me and LTEve were correct in our use of the word empathise

Sympathy is something else entirely and not appropriate in this context.

hannah0000035 Sun 14-Oct-12 23:11:36

ah, good morning amber.

i disagree on your choice of words.
but there are bigger fish to fry than lingering on semantics.

redsilk, i think the next bit of news from this case will be the father in court over an application of some sort regarding the pre-existing contact arrangements.
I think he's going to try and shut the mother out of that deal. ( if it still binds today)

The mother i don't think is booking any flights just yet.
she knows about these emergency applications and has no funding
which was the reason she left there in the first place.
she'll be staying put and collecting funds.

I think the ball is firmly in the fathers court regarding her future contact all factors considered, however christ they should of course just get over it and share as before.

he's publicly stated he's willing to do so and lets hope he meant what he said.
amber how are you feeling today dear?

AmberLeaf Sun 14-Oct-12 23:17:43

You can disagree all you like! you're still wrong, its not about opinion.

'Bigger fish to fry'? really lol! you just tried to get clever and pull me and LTEve on the use of a word, you got it embarrassingly wrong, but now you have 'bigger fish to fry'? grin okay.

How about you go off and google 'empathy' and then 'sympathy' and compare the two....then come back and waffle about some other nonsense as you do.

How am I feeling today? great, just the same as I felt earlier today when I first started 'speaking' with you. It's still evening here Hannah.

hannah0000035 Sun 14-Oct-12 23:19:13

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hannah0000035 Sun 14-Oct-12 23:20:21

amber dear, i don' t agree with your use of words.

i stated that before and I just did so again.

AmberLeaf Sun 14-Oct-12 23:24:14

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hannah0000035 Sun 14-Oct-12 23:27:43

amber dear, don't lose sight of the forest for the trees...

you seem stuck lol on several issues.

life my dear is about growth, change and evolution.

stagnant water stinks ...

for the third time amber, I don't agree

with your choice of words.

AmberLeaf Sun 14-Oct-12 23:34:01

Waffle...waffle......waffle.

hannah0000035 Sun 14-Oct-12 23:45:56

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Morloth Sun 14-Oct-12 23:47:16

Well this thread took a turn for the crazy!

I get a life for a bit and look what happens.

AmberLeaf Sun 14-Oct-12 23:50:34

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AmberLeaf Sun 14-Oct-12 23:52:01

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hannah0000035 Sun 14-Oct-12 23:59:53

redsilk, what he'll do i think is claim that the mother is brainwashing the children and use the australian media experience as evidence. he will ask for an emergency hearing and attach that evidence as well as the caloundra local newspaper where the mother stated she tricked the father.
As this was unfolding and this evidence came forth, i thought that it was alllll bad for the children as the italian family court and government will now have their "turn"..its pride and politics, just as it is everywhere on the planet.
the father may ,I believe ask that the mother gets supervised limited contact only in lieu of the new evidence, just like everywhere else he's thinking he'll get this deal and then make yet another informal deal with the mother ( that gives her unsupervised access) whereby ultimately he retains the power.
ugly, yes but this is litigation after all.
this means of course that the children get to suffer even more.
I truly hope they can " make a deal " thats quick and provides access for both parents. the father has a big part to play in the fairness of any deal, lets hope he puts pride aside.

Redsilk Mon 15-Oct-12 04:18:17

Agreement seems far-fetched.

What does the father, or the Italian courts for that matter, do when the mother's side is stirring up a campaign to bring the girls back to Australia? How does he even leave the older ones unsupervised without fear that mum and her family will encourage them to run away?

There are posts on the mum's FB page about how the older girls just need to make their way to the Australian embassy and they'll be helped to Oz again.

I don't see how right now she could get anything but supervised visits, or even supervised Skype chats, which is unfortunate for the girls. But I don't see a realistic alternative.

hannah0000035 Mon 15-Oct-12 04:42:37

this case is more unusual in most in that there has been an enormous amount of publicity generated.
taking the democratic / corruption free hat off for a moment, i bet the judge has already been selected..possibly over lunch at the club over some pasta.
there will be no impartiality in this matter, no way.
i know for a fact that this happens in australia. the family court here is a very closed, very exclusive club and the justices are supremo. judges are selected in ' special' cases such as this one..for political purposes.
Didn't australia come across as some kind of bastion of fairness because of forrests judgement? trust me, so many of them are pigs, if a judge was selected at random australia would have had a fair chance at looking like nazi germany.
i don't agree that forrests judgement went against public opinion btw. people aren't stupid, at least not for long.
both parties are getting support, possibly that they don't want and don't realise it.
when parties reach these stages, no-one wants to spend any more money.
settlements are reached by consent in 90 percent of cases...i cant see this happening here
i bet both the parties are getting all sorts of offers from all sorts of people.
litigation i bet will stretch on much longer for this ex-couple and their children.
maybe it will the case that they'll all profit and be happy, like angelina jolie and brad pit. the whole...attention makes us more money thing.
movies, books...its all coming.

hannah0000035 Mon 15-Oct-12 04:46:24

for the people posting at kids without voices, i feel that there is no hope.
the vinegar over there is flowing freely from their breasts.
nasty, nasty people.

LtEveDallas Mon 15-Oct-12 06:00:54

...and the woman hating goes on. "Rabid dykes" WTF?

Disgusting.

hannah0000035 Mon 15-Oct-12 06:25:44

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LtEveDallas Mon 15-Oct-12 06:31:27

Hannah, personal attacks aren't allowed on MN. This is a civilised site and expressions like the one you used are frowned upon. Swearing is fine, we are adults after all, but 'hate' language is not tolerated. There are many Straight, Gay and Lesbian parents on this site who would object to your wording. If you can't be civil and respectful then you don't belong here.

hannah0000035 Mon 15-Oct-12 06:35:23

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hannah0000035 Mon 15-Oct-12 06:37:15

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LtEveDallas Mon 15-Oct-12 06:38:52

Goading isnt allowed either.

hannah0000035 Mon 15-Oct-12 06:40:51

what about ' hectoring'? lol

hannah0000035 Mon 15-Oct-12 06:45:48

lteve , why try and provoke me dear? lets talk about the case instead. we are not children my dear.

Redsilk Mon 15-Oct-12 06:50:04

Not to interrupt your jousting but this thing seems to be winding down. Mum is gathering funds for a trip to Italy (threat of not going for fear of arrest was always BS to scare the girls) and the media in Oz appears to have lost interest, mercifully so. The posters on the mum's FB page now protest the father's desire for media calm, which says something about them. But they'll soon lose interest too.

The abnormality was the abduction and now it's just divorce. Ho hum.

hannah0000035 Mon 15-Oct-12 06:57:59

redsilk, they hate big over there..documents..logic..they have no interest..just the same kind of need for revenge ive encountered from certain posters here.
Surely the mother has to be extremely careful in associations with groups like that, although its well established they are her family members.
i don't thing she's going to get much joy out of this actually the more i think about it. among other things she needs a public relations person, a good one, if she continues to publicise the whole thing. She's messed it up pretty bad to date.

differentnameforthis Mon 15-Oct-12 07:00:01

Even the page "likers" seem to be losing interest in it, to be honest.

I can't believe that amber & hannah have turned this discussion into a bitch fest! I don't want to read that crap when I am trying to have a conversation that has been reasonably calm on both sides. If you can't add anything of any relevance to the discussion, don't add anything at all.

Redsilk Mon 15-Oct-12 07:03:02

Hannah, I share your dislike if the mum although I also see her as psychologically disturbed and probably having serious family or abuse issues. She was sent to Italy at 15, which is suspicious, allowed to date and marry early, popped out 5 children quickly, and the entire Garrett family is apparently women-only.

There is likely a reason there are no men in the picture and the fact that she was sent off at such a young age. Her accusations of abuse against the father may be tied to having suffered abuse from a male relative at an early age. Wouldn't surprise me. So with contempt I also have pity.

And I also think the rabid dykes comment was over the line. This was actually a rationale discussion among people who feel naturally inclined to support the mum and others (like me) who have lived through such an insane situation and can see through mum's antics.

Redsilk Mon 15-Oct-12 07:11:15

Hannah, it's an interesting thought whether the mum gets joy out of this. I guess you would need to define joy, as odd as that sounds. She has demonstrated conflict-seeking behaviour, so even this unhealthy negative attention at the expense of her DDs is desired.

But I do not think she is happy in any meaningful sense of the word nor is she likely to become happy soon, independently of this situation. If she were to declare an intention to get therapy, I would be the first to applaud her.

hannah0000035 Mon 15-Oct-12 07:12:53

in order to minimise the mothers actions, the lovelies over there are now saying the parent alienation syndrome is a pile of crap.

these people are monsters, i hope none of them have children anywhere near them.

this is what i mean, she needs to dissociate herself from the madness...
she needs to appear to be a normal person with normal values.

LtEveDallas Mon 15-Oct-12 07:16:01

Redsilk, just a point I'd like to make, in case you feel I come under your 'supporters' tag.

I have never supported the mum. I have disagreed strongly with the wording about her - trailer trash et al. I don't see why, on a site such as this, that we need to use words or expressions like that. The digging around the Internet to find stories that further denegrate her left a bad taste in my mouth. Again, I don't see the need.

For whatever reason people have chosen to see that as me being in support of what the mother did and I have had to state, so many times, that this is not the case.

It is frustrating when other posters are so determined to see what they want to see - and it adds fuel to the fire of posters like Hannah.

MN is a great site full of good advice and funny, imaginative, passionate posters. We should try to keep it that way - but personal attacks, goading, hate filled terms should not be condoned.

hannah0000035 Mon 15-Oct-12 07:24:44

as i stated yesterday lteve, i find your posts difficult to understand and frankly contradictory, but you won't find me saying they shouldn't be condoned.
calm down girl, everythings ok.

hannah0000035 Mon 15-Oct-12 07:29:28

"get much joy" i suppose is an australian saying? - to get some of/ all of what she wants

Redsilk Mon 15-Oct-12 07:49:42

LtEve, I took back the comment on trailer trash, remember?

You're right on that, although my comment was directed at Garrett and not at you. What was wrong about the comment was not acknowledging the severe psych disorder she seems to have, which should prompt more pity than contempt. I also agree on name calling of other posters being uncool.

But we disagree fundamentally on everything else on this case, about which I do have strong feelings. I don't consider you a supporter ("supporters?" dear me, I can barely get kiddies to school and haul myself to work in the morning...). rather i believe you express good intentions, but without understanding parental child abduction, those who perpetrate it, or the harm it causes children and families.

Redsilk Mon 15-Oct-12 07:51:05

"Get much joy" is an expression acquired during childbirth.

Not.

LtEveDallas Mon 15-Oct-12 07:59:50

I'm not sure what we disagree on then Redsilk - what views do I hold that differ to yours?

AmberLeaf Mon 15-Oct-12 08:02:18

differentnameforthis

Umm, no I didn't turn this into a 'bitchfest' I have responded to hannahs bizarre accusations and apparent insight into my psyche.

....and yes, same as LTEve has also stated, I too am not a 'supporter' of the Mum, I was just puzzled as to why certain aspects were being glossed over as unimportant.

hannah0000035 Mon 15-Oct-12 08:27:23

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hannah0000035 Mon 15-Oct-12 08:30:31

ah good, a lead back into the topic.
is the fathers alleged DV being glossed over as unimportant?
Yes, i think its obvious that it is.
The allegations , if more weighty..would only prove that
there was an incident, not serious enough for any treatment it seems...
in 2007.
How does that affect the fathers ability to parent today amber?

hannah0000035 Mon 15-Oct-12 08:32:37

the issue of parenting ability can be the only issue.
If you are trying to turn this into a trial for something
that may or may not have happened in 2007 when they were
still a couple, then pls say so, i think it would make for a good debate.

differentnameforthis Mon 15-Oct-12 09:26:35

<------That's me, laughing at you

I have been sitting here reading your posts pissing myself laughing at your ridiculousness!

Waffle...waffle......waffle

I think you need an english lesson Hannah

Didn't turn it into a bitch fest? No, of course not. Give it a rest & lets talk about what is relevant.

AmberLeaf Mon 15-Oct-12 09:41:55

Ha ha! have you missed your posts that preceded my above posts?

Xenia Mon 15-Oct-12 09:43:18

The issue is that the Hague Convention must be respected whatever the rights and wrongs which none of us can really know. Every time it is enforced it makes those in Convention countries less likely to child steal.

hannah0000035 Mon 15-Oct-12 09:47:00

the issue of parenting ability can be the only issue. - in relation to the demonisation of the father..there are quite a few relevant issues

hannah0000035 Mon 15-Oct-12 09:49:58

yes xenia i see that, and i agree but remember the mother tried to claim exemption so to speak by allegations of safety for herself past violence -
motorbike accidents etc.
and yes, the hague convention is a very, very good thing.

MaryZed Mon 15-Oct-12 10:01:20

Well this thread is, sadly, no longer worth reading or posting on.

AmberLeaf Mon 15-Oct-12 10:10:03

The end.

differentnameforthis Mon 15-Oct-12 14:56:20

None of MY posts preceded your posts, Amber.

Well done on making this discussion worth shit tho.

AmberLeaf Mon 15-Oct-12 15:04:29
Xenia Mon 15-Oct-12 15:28:09

It is always possible to ignore posts which don't help a debate.

EldritchCleavage Mon 15-Oct-12 16:11:34

Derail by a late-arriving poster. Pity.

MaryZed Mon 15-Oct-12 17:16:52

It is usually, but not when a couple of people are determined to be childish shock

There are nine posts deleted on this thread, all towards the end and all for childish tit-for-tat insults, presumably reported as such.

It must be a pain in the arse for mnhq to have to referee as though they dealing with a couple of toddlers.

AmberLeaf Mon 15-Oct-12 17:51:48

I made no posts that I regret, why they were deleted is beyond me, oh no, probably because someone reported them. Not necessary IMO, Id rather everything hannah said to me had stayed too, however insulting or ridiculous it was.

The 'debate' was going fine until hannah made an amatuer attempt at delving into my supposed 'wounded psyche'

ToothbrushThief Mon 15-Oct-12 17:58:42

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LtEveDallas Mon 15-Oct-12 18:00:05

In the spirit of openness and honesty, I reported the posts from Hannah from 0600 onwards. They were a mixture of Personal Attacks (on me), ones that used 'hate' language and goading posts.

I did not report any posts from before that time, nor any posts from Amberleaf. I expect MNHQ read the thread following my reports and made the decision to delete other posts themselves.