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Swift end needed to boy's plight |
ONE thing appears certain about the appalling case involving the taking
of a three-year-old boy from his Brisbane home to Malaysia as part of
efforts by his father to inflict emotional pain on the boy's mother.
Whatever the true circumstances of the relationship between his
parents, whatever the reasons for the breakup of the family, the
interests of the boy, Nicholas, are not being served by his continued
presence in Malaysia, where neither his mother nor father are able to
care for him.
It is Nicholas's interests which should be paramount in efforts
to resolve this tortuous affair. The Family Court appears to have done
everything in its power to reunite the boy with his mother, including
taking the extraordinary step of jailing his father over his continued
refusal to return Nicholas to his family home. Justice Brian Jordan of
the Family Court has referred to the "terrible torment" of the boy's
mother caused by the "callous act" of his father to keep the pair
apart.
The Department of Foreign Affairs and Trade says it has known
about the case for some months (the boy was taken to Malaysia about
seven months ago) but appears anxious to do everything by the book.
Meanwhile, the mother, who has been in contact with the department, is
trying to get on with her daily life wondering if her son, who she last
saw at a childcare centre in early March, remembers her.
No doubt this case presents special diplomatic difficulties. Malaysia
does not recognise the international treaty that deals with child
abductions. The boy is apparently living with his father's relatives in
Sarawak, on the island of Borneo. His father appears determined to do
everything in his power to prevent Nicholas from being reunited with
his mother.
Taped telephone conversations from Arthur Gorrie jail
suggest he is urging his family in Borneo to lie to Australian and
Malaysian authorities. Given all these factors, strict observation of
process may well be the right course to follow provided the department
is truly doing all it can to resolve this matter. A department
spokesman says its priority is to locate the boy and establish his
safety, and is awaiting advice from the Australian Federal Police and
Interpol.
This sad drama, which was played out in the Family Court for seven
months before it became public, needs speedy resolution for the sake of
Nicholas' wellbeing. The boy does not cope well with the heat and,
plucked from familiar surroundings, is having to adapt to a entirely
new social and cultural environment. It would be a pity if his
interests ended up taking second place to stuffy international
protocols. The application of family law in Australia is fraught and,
despite the unusual circumstances of this case, the emotions and
conflicts which led to it are matters which the Family Court system has
to deal with every day. Yet Nicholas is entitled to have his
circumstances judged under that system, not any other.
SOURCE: The Courier Mail Newspaper - Queensland, Australia.
Editorial
19oct04
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