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Old 07-10-2009, 08:36 PM   #1
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What was this judge thinking

A woman I know has been in a custody battle with her ex for the past 1 1/2 yrs. Sheīs Icelandic and living in Iceland (since she couldnīt get a permanent green card for the US) and heīs American and living in the US. When they divorced they were both living temporarily in the US. The little girl they have been fighting over was 2 at the time of the divorce and is 4 now.

The woman has another child from a previous relationship, a 6 yr old boy who lives with her here in Iceland.

The woman has a very close knit family here, a job, good home, etc.

The father, has never really shown much interest in his daughter. Not even during the custody battle. The child seemed to be living with his parents almost the entire time. They have been very mean spirited toward the childs mother but do seem to have treated the child well and the child seems to have been happy with them although she has missed her mother and brother extremely much. She has only been allowed to see her mother a few times over the past 2 yrs.

Finally, after a long court case the judge came up with a verdict and in fact one I find unbelievable.

The child is to spend her time 50/50 between both parents, who live on seperate continents. She is to start her first year of school in Iceland and then the second one in the US, third one in Iceland...and so on and spend all holidays in the country where she is not going to school. After she becomes a teen she is supposed to spend all school years in Iceland.

How can this possibly be good for a child? Wouldnīt it have been better for her to reside in one country and just have one school and then spend her holidays with the other parent?
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Old 07-10-2009, 08:39 PM   #2
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What a horrible "resolution"!
Doesn't seem to be in the best interest of the child AT ALL.
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Old 07-10-2009, 08:50 PM   #3
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I agree. Even her mom says she didnīt know whether to laugh or to cry when the they read the verdict. She feels so bad for her daughter to have to go through this.
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Old 07-10-2009, 08:56 PM   #4
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I think I would appeal that
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Old 07-10-2009, 09:28 PM   #5
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I would wait until she was in my custody, THEN I would appeal it.

And I'm really not feeling too friendly towards men this week. Dumb judge.
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Old 07-10-2009, 09:35 PM   #6
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Does not sound good for the child or in her best interest at all.
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Old 07-10-2009, 09:58 PM   #7
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I had a friend growing up whose parents lived in different states. She and her sister switched year to year. Through high school. As far as I'm aware it worked fine for them. But this was two neighboring states not two continents. I was also before the internet and texting.
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Old 07-10-2009, 10:15 PM   #8
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While I don't know alot about Icelandic schools, I know German/French schools are set up so much differently as they are in the states. I can't imagine how she'd get a decent, continual education flopping back and forth like that?

Does the judge think he is Solomon? Maybe he's thinking one or the other parent will give in to save her from this mess?
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Old 07-10-2009, 10:18 PM   #9
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are there other circumstances? Seems as though the mother did not have custody before or am I reading the post wrong?
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Old 07-10-2009, 10:20 PM   #10
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Does the judge think he is Solomon? Maybe he's thinking one or the other parent will give in to save her from this mess?
Must be a Maine thing I was thinking the exact thing
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Old 07-10-2009, 11:01 PM   #11
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Curious, the daughter resides in the U.S.? This was a U.S. judge? Has mom had to come to the U.S. for the court appointments? Who is to pay for the travel expenses?

I can see this becoming a real mess.
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Old 07-10-2009, 11:37 PM   #12
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and where did I miss that this was male judge?

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Old 07-11-2009, 12:07 AM   #13
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It isn't the judge I question but the parents. At some point the hate they have for each other needs to take a back seat to what is best for their child. There are some problems that our court system isn't designed to solve.

What he did may be the law, I don't know, but the parents need to agree to something on their own. Maybe it is best if she stays here, maybe it is best if she goes to Iceland. Keep in mind you are hearing the story through the filter of the mother, which may not be the whole truth. We all tend to distort a story to make ourselves look better, it is human nature.
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Old 07-11-2009, 07:37 AM   #14
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The question is, which parent is going to be a real Mom or Dad and put the child first? Personally, I think if I'd exhausted all possibilities of having the child for the school year each year, I'd move closer to the ex and share custody where we could both nurture and care for her. I don't think I could be apart from my child at that age for months at a time and it certainly can't be a good thing for her.
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Old 07-11-2009, 07:55 AM   #15
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Quote:
Originally Posted by MichelleinMaine View Post
While I don't know alot about Icelandic schools, I know German/French schools are set up so much differently as they are in the states. I can't imagine how she'd get a decent, continual education flopping back and forth like that?

Does the judge think he is Solomon? Maybe he's thinking one or the other parent will give in to save her from this mess?
That was one of my biggest concerns too and a thing her mother worries greatly about. The school system here is quite different from the US and Iīm afraid the poor child will spend most of her time "catching up" in each country.

Quote:
Originally Posted by lillygator View Post
are there other circumstances? Seems as though the mother did not have custody before or am I reading the post wrong?
While they were still in the process of splitting up, the motherīs visa ran out and she was told to leave the country. The child is a US citizen and she was told she could not take her with her until the custody had been determined.

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Curious, the daughter resides in the U.S.? This was a U.S. judge? Has mom had to come to the U.S. for the court appointments? Who is to pay for the travel expenses?

I can see this becoming a real mess.
Yes, the daughter resides in the US and this was a US judge. The mother came to the US for all court appointments. As far as I can understand the parent "recieving" the child is to pay for the travel expenses at each time. I agree, this will probably become a real mess.

And those who have said I might be biased because I only know one side of the story. This is true. However, I donīt neccesarily feel that mom should get custody instead of dad. I just wish they child had one primary residence.
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