Really good post.
There are so many ways to look at these things...who knows what the boy's mom told her family? Who knows what was the reason she fled her husband? Who KNOWS if he is a fit father???
His grandparents obviously love him and feel some way about his father. Some way that made them want keep him. Maybe they are wrong, maybe they are right. Time will tell, I suppose.
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It really doesn't matter. His wife went about correcting her situation illegally and no credible information has come forward to suggest that he was unfit.
There is a dad in Florida right now--who entered a not guilty plea...good luck with that one. Anyway, he kidnapped his son from a supervised custody visit. Not sure how he did it--but bottom line, he had ZERO permission to do what he did and took his son on a friends boat out into international waters bound for Mexico.
Even if he had some credible reason for doing so, he proceeded in an illegal fashion to do what he did and thus should be held accountable. (Though from what I know from various people who know her personally--there is no credible reason that he took the kid and there is no dispute, the man was found in international waters--heading AWAY from the US with the boy well after his court approved custody arrangement.)
For Brazil--the US really could not force Sean to come home. It really depended upon their court system or some semblance of negotiations. That's why it took so long.
Even for a family from a questionable area--unless it can be proven that the child's life would be endangered by being with that parent--our govt can't just go snatching kids from other parents or prevent their return b/c of our democratic views.
In the case of Not Without my daughter, she had to flee b/c she could not leave Iran without her daughter via regular means. (And there is controversy on her version of events, btw.) But at any point, if she were to have died before having her affairs in the US known (i.e. updated will that expressed her desires for her dd's custody in the event of her death), there is no way to tell what would have happened. Her dd got to stay in the US b/c her mother lived and was able to make that happen. IF by chance she passed and her American next of kin got custody over her Iranian father, that would have been wrong of the US to interfere.
Point is though--without her personal living testimony, the only correct legal option is to return the child to their living parent regardless of where they live.
This is why Elian got to return to communist Cuba. Her mother fleeing with him was not enough to prove anything other than she preferrred to raise her son in a free country. AGain--without her testimony, it doesn't matter what anyone else has to say.