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Author Topic: Rights of a child to both parents  (Read 433 times)

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Offline NoansDad

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Rights of a child to both parents
« on: July 09, 2011, 06:51:23 PM »
I did not know this before today and I don't know whether this has any bearing on why the USA has a shocking record of working to get children returned who have been abducted, but the international treaty on rights of children, 1992 United Nations Convention on the Rights of the Child, that makes it international law that a child has the right to be with both parents HAS NOT been signed by ONLY TWO countries.

SOMALIA and the USA!!!!!!!!!

So the USA cannot even agree to an international law that grants our children the rights to have us in their lives. F*** you. I think that says exactly what it should about this country and its government. I am waiting for the day I can renounce my citizenship.
Noan, your Dad loves you and misses you every single day.

Offline SageDad

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Re: Rights of a child to both parents
« Reply #1 on: July 09, 2011, 08:52:21 PM »
Sorry, but the fact that the US has not signed the UNCRC is a huge red herring.

I'm actually against the US signing the UN CRC like many Americans who are familiar with the law and how treaties are applied in the United States.

You can read up on this site if you're really interested in the topic.

http://parentalrights.org/

“What you seek is seeking you.”
― Rumi

Offline LukieD

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Re: Rights of a child to both parents
« Reply #2 on: July 09, 2011, 09:10:16 PM »
Here's the direct link and I agree, it is well worth spending some time understanding why the US has not signed on to the UNCRC.

http://www.parentalrights.org/index.asp?Type=B_BASIC&SEC={56EEC7D0-195F-410B-97FE-9A961583A1F4}&DE=

Some of you may remember the abductors in the Goldman case argued that while Sean may have been abducted, he was there long enough that it was "in his best interest" to remain in Brazil despite the fact that his father and sole surviving parent had been fighting to bring him home to New Jersey for over five years. The abductors' attorneys often cited the UNCRC as a defense to argue that somehow the UNCRC trumped the Hague Convention and the wishes of Sean's father. Thankfully, their efforts failed.

Offline SageDad

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Re: Rights of a child to both parents
« Reply #3 on: July 11, 2011, 09:29:41 PM »
My son's return order was overturned and the case was reprimanded based on a very bad interpretation of the UNCRC too.

In my case though, the problem was not so much those particular articles of the UNCRC, but rather the courts very jaundiced interpretation of it.

It is true though that, in almost all Hague cases, abductors argue that, based on the UNCRC, the foreign court must decide the child's "best interests" before returning the child, which pretty generally translates to having the foreign court make a custody decision.

This too though is a very poor interpretation of the UNCRC and not the reason I oppose it in the US.

The problem with the UNCRC is its empowerment of courts and administrative/government agencies to be the true parents of children while turning their actual parents into glorified baby sitters (it's bad enough that our sexist and biased family law system often already makes the government into the father/husband.) 

The UNCRC largely removes the autonomy of parents to make decisions for their children.  We actually have too much of that going on under current US laws already, but the website linked above speaks to that in much greater detail. 

I have seen and read about too many "child professionals/experts" of all stripes (social workers, guardian ad litems, court psychologists, prosecutors, counselors and judges) making terrible decisions for children to believe for one second that they should have more authority over OTHER PEOPLE'S CHILDREN than the children's own parents. 

The UNCRC is very well intentioned and probably even does good things in many of the third world countries where it's been ratified, but I consider it an unnecessary and dangerous law for the US and an avenue through which the government can destroy traditional families altogether "for the sake of the children." 

It's worth noting that every totalitarian state tries, and indeed needs, to destroy the autonmous power and influence exercised in society by families if it is to invade and control every aspect of it's citizens private lives.

As far as renouncing your citizenship, there are many within the US government and amongst the US population who care deeply about the issue and many more who are not yet aware of it.

The political calculus of the US State Dept. which deems abandoning our abducted children to be an acceptable level of collateral damage is not representative of America as a country or a people.  By critizing America as a whole for one, admittedly very broken, aspect of its foreign policy you are making the same mistake that many foreign countries make in attacking left behind American parents as though we, ourselves, are responsible for other aspects of American foreign policy that they disagree with (such as America's history of interventionism in Latin America.)
“What you seek is seeking you.”
― Rumi