Anybody Following Denis Burns Custody Case?

[nikad]

http://newday.blogs....s-in-argentina/

The Media here depicts Burns as a bum, a ski instructor during the Aspen season and on Unemployment the rest of the year, his home was foreclosed last year? Also convicted of spouse abuse, and sentenced to community work . You watch the video and feel like contributing to his fund,a Victim?

I think it takes two to tango... the only real victims here are the kids.

 

[Crema Americana]

I don't like either one of these parents. That said, the law is pretty clear and the mother broke it. Anyone who decides to have children with a foreigner should know that the country where the children reside at the time of separation/divorce is where both parents will have to live unless they can agree on another location.


There was a case not too long ago about a Spanish man coming for his child and the ex had him killed.
http://www.lanacion.com.ar/1704836-todas-las-pruebas-apuntan-al-mismo-lugar-dijo-la-novia-del-espanol-asesinado

 

[mulderfox]

I think it takes two to tango... the only real victims here are the kids.

indeed

 

[RodalfoWalsh]

I know 2 different cases personally here....

I know of at least four. Unfortunately it appears to be fairly common. I feel sorry for the kids.

 

[John1017]

I've been following on Twitter and it's clear that the argentine media has been manipulated by the mother. Every argentine I have seen on Twitter is completely against the father, due mainly to the fact that the argentine media publishes whatever the mom says. The USA media, which I biasedly trust more than the argentine news, reports that the mother kidnapped the girls five years ago and has basically hidden in Argentina, with the mom doing everything possible to turn the girls against their dad. No skype calls, lies about being violent, establishing friends here etc etc...

I'm neither for or against the dad but rather support the facts and the USA court system which has ruled in favor of the dad and has brandished the mom as the adductor.

People in Argentina only see the manipulating moms side of the story. Of course the girls are going to want to stay with her in Argentina, she's had five years to manipulate their little minds and she should never of had the chance to be in Argentina in the 1st place. It doesn't matter how good her intentions are or how happy the girls are in Argentina, she broke USA and international law.

What's funny is people have actually attacked me on Twitter over this. Emotions are high with the argentines that follow this. They have also attacked Aspen, CO, with one person going so far as to tell me there are no schools in aspen and the girls are going to suffer. Actually a lot of argentines apparently believe Aspen is a bad place. Lol

Long story kind of shorter, the judges in the USA are not stupid, they know who to give custody to, and what should be done. Several family friends update on Twitter if you want to follow

@aqueon and @plennn

 

[syngirl]

For courts to rule in favour of the father in a custody case means that the judge has determined the mother to be completely messed up, because they will everything to let the kids stay with the mum.

 

[Rich One]

For courts to rule in favour of the father in a custody case means that the judge has determined the mother to be completely messed up, because they will everything to let the kids stay with the mum.

Indeed very rare for a father to be granted custody ...??? a first for me .

 

[Crema Americana]

It's not that the father was granted custody. The mother kidnapped the kids. Even if she were a saint, she doesn't have the right to take them from the father.


It's curious how people tend to defend their countrymen despite mountains of evidence to the contrary. It's easy to paint yourself the victim under a foreign government/individual oppressor.
If this case had happened reverse, where an Argentine dad is trying to recoup his kids from an ex that fled to the States, the Argentine media would be talking about what an evil mother she is and how the Argentine father should be able to bring them back here.


This whole situation is made much worse by the courts being so incredibly slow in these cases. When a child is kidnapped, be it by one of the parents, the law should act quickly... not take years. Five years in the life of a child is a lifetime. They no longer have any connection to the other parent, to the country, to the language, and their lives are basically ripped in two. One could make the case that the kids are better off in the situation they're used to, but that only encourages other parents to break the law and flee with their kids, hide for a couple of years and be home free. That's not right either.

Hopefully the girls adjust well to their new life in the US... and hopefully the mother matures a bit, moves to the US to be close with them, and tries to make the whole process a lot less traumatic for them.

 

[nikad]

What I have learned about this case ( and i think this is very important for all expats )

When you are an expat with children in a foreign country, a judge from your country of residency ( where you live with your spouse and children ) is the one that has to decide upon children custody and domicile situations. This is the reason why they say the mother kidnapped them, and she says she always let the father know where they were. It was not a kidnapping, but she failed to go to a US court and ask for permission to leave with the children ( as the father was against it ). Of course if things are ok with your ex, you can agree on whatever, but if you have different opinions you MUST go to a judge from the country of residency.

Your nationality or residency status does not matter, it is a judge of the country of residency who decides. So for example, if you move to Italy with your spouse and children, and you are American, your spouse is Argentine and the children American-
Argentine, and your marriage ends, if you do not agree on the domicile, you must ask for a judge's permission to be able to take your own children to a place their other parents does not agree upon. You simply cannot leave the country with the children if the other parent opposes, if you do, it will be kidnapping.

This is in the Hague Convention.

 

[nikad]

It's not that the father was granted custody. The mother kidnapped the kids. Even if she were a saint, she doesn't have the right to take them from the father.


It's curious how people tend to defend their countrymen despite mountains of evidence to the contrary. It's easy to paint yourself the victim under a foreign government/individual oppressor.
If this case had happened reverse, where an Argentine dad is trying to recoup his kids from an ex that fled to the States, the Argentine media would be talking about what an evil mother she is and how the Argentine father should be able to bring them back here.


This whole situation is made much worse by the courts being so incredibly slow in these cases. When a child is kidnapped, be it by one of the parents, the law should act quickly... not take years. Five years in the life of a child is a lifetime. They no longer have any connection to the other parent, to the country, to the language, and their lives are basically ripped in two. One could make the case that the kids are better off in the situation they're used to, but that only encourages other parents to break the law and flee with their kids, hide for a couple of years and be home free. That's not right either.

Hopefully the girls adjust well to their new life in the US... and hopefully the mother matures a bit, moves to the US to be close with them, and tries to make the whole process a lot less traumatic for them.

This father, apparently raised funds through a NGO, but never visited his own girls for three years. Never paid alimony either. Moreover, he has been accused of illegally carrying two guns ( admittedly ) and abusing the mother. He also lost his home due to a gambling addiction. He did not have full custody, it was joint custody. I think the mother made a mistake ( legal ) by not getting permission to leave. The girls were living with her after they divorced ( in the US ).

I do not support parents that try to eliminate their ex from their kids' lives though this woman failed to get proper legal advice then.