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Posted on 03/09/2007 8:53:08 PM PST by mom4kittys
Edited on 03/09/2007 9:36:53 PM PST by Admin Moderator. [history]
Thread Number Two
I'm not so certain about that. I live in a tourist town. Nothing shakes them up more than publicity that "may" affect tourism, trust me... think the movie Jaws when it comes to these things when tourism is the lifeblood of anyplace.
basically they have what is called a presumed father status in the Bahamas. I would imagine that many babys are born out of wedlock in the Bahamas. Instead of pushing DNA testing in their country - they push the presumed father issue and it remains that way until some other man chooses to challenge the presumed father title. Which probably rarely happens in the Bahamas. Somebody has to pay to support these Bahamian baby's and probably easier and lot cheaper for the courts to say - ok you have been living with the mother and child for x amount of years... you are considered the presumed father so you will pay XXX amount in child support for this child. If no other man comes forth to claim the child as his then the presumed father is the forced child support payer even if the man and woman is not married.
Okay, what Greta said was since the judge in California has on several occasions ordered ANS and the baby tested for DNA and ANS (through Ron Rales) always got out of it,but the last order was the day before ANS died... based on that and the fact the DNA has been given and is in the USA that on that basis the judge in California could suponea the DNA results to California and when/if it proves Birkhead is the father, California demands Stern turn the baby over and if he doesn't file kidnapping charges and we have extradition with Bahamas so we would have standing.
Wow...that is very interesting and certainly shines a new light on how paternity is viewed in the Bahamas; and why there doesn't seem to be the outrage at the potential injustice of keeping a baby from its biological father, so obvious to us as Americans.
But we don't know if his attorneys have done that. Greta was saying if they haven't yet, the California courts are closed tomorrow.
There is no "order" it was "directed" by the judge.
I have no idea why he showed up for the swabbing.
and yes he has the right to appeal, this why they scheduled the next court date for 2 weeks to give Stern his legal right to appeal. (lawyers in the Bahama said that the appeal would be denied because he was simply direct to do it - basically he did not have to show up - but remember he probably choose to because of everything else weighing in on him - the Florida stuff had not come out yet and then he had the Bahamian inquest coming up - after the Florida crap came out he appealed the Baby DNA test within a few days) But the end result is that Stern showed up for the swabbing so this means he agreed to the "direction" of the judge.
(The word "ordered" is what our US media chose to use, but there no such thing as a "order" for DNA tests in the Bahamas - it is only directed by the judge)
For a good laugh, I just want to point you all to the real un-cropped photo that they always shove down our throats on tv. The "Family" photo of Anna with baby Dannielynn on her lap with the head-band, and faux hubby with his arm around Anna. It also has Mark Stines to the right of Howard. Here is a link to the photo. Scroll down to the second story dated 5, Nov., 2006.
If they really were a family, wouldn't they have posed for a formal photo? There are no family portraits of them??
http://real-estate-net.blogspot.com/search/label/caribbean
LOL!
She said the California Supreme Court is not closed on Friday, just the State Courts.... she likes Birkhead I hope she gives him a call.
Yeah I see your theory, but...I thought that, if a mother can put any name on the birth certificate and legally that man would be the father, testing would have been used at some point in the past more likely to refute paternity than to establish it. Who knows??? My brain is so fried!
"Wonder who will be the new attorney."
Apparently he still has the other two who were with him in Florida, (blond and short hair brunette), because Greta or somebody on CourtTV was interviewing them in the past few days. The interviewer even asked them why Larry and Opri parted ways. They said they couldn't comment.
After watching Greta tonight, I was wondering what would happen if Larry Birkhead (had and knew the results of the DNA test and was absolutely SURE he was the father) and he figured out a way to get Dannielynn away from HKS and was able to get her to the U.S. (by boat perhaps). Would he be charged with 'kidnapping' if he could PROVE with DNA tests that he is her father?? Could he be charged with any crime in the US? I'm wondering if he could get Dannielynn and 'run' with her, and leave by boat (which may not require a passport), would he be in violation of any US laws, if he had PROOF that he was her father? And also, would that prevent the US (i.e. Department of Social Services, etc.) from sending her back to the Bahamas? I KNOW this scenario is crazy, but I fear that these legal proceedings could drag on indefinitely....which benefits HKS in that he can say he is 'bonding' with Dannielynn...meanwhile, if Larry Birkhead is her father, he has been DENIED any opportunity to bond with her, first by ANS, and now by HKS, and that is just unbelieveable wrong, IMO...and I feel the same way about Virgie...she should be able to bond with Dannielynn as well!!
good find. maybe the media doesn't even know it's cropped
They explained it the same way on CTV Catherine Crier this afternoon, and that is where they explained that what Stern is trying to get accomplished would basically mean there would never, ever be a test until Dannielynn is an adult.
It's just not like our court system here. That is what Gloria Alred was trying to explain to Greta on the show tonight, it wasn't a Bahamian case she was referring to but a case that involves the Hague. The cases and the Hague data goes back weeks ago here when we were researching Bahamian law.
Basically, if this case stays in the Bahamas it gets very nasty and will take forever -- years even -- I think this is why Opri didn't want to do anything there. The longer he hangs on to Dannielynn, the better his chance of never handing her over.
If California rules Birkhead is the father and asks the Feds to go get her from the Bahamian Government, then things will move much faster. ALSO..... don't forget at some point Stern has to personally show in California before the 9th Circus if he ever wants to collect any of the $400 million dollars. The whole thing is in limbo right now until he comes back to California. So if California rules Dannielynn is Birkhead's child and Stern doesn't turn her over and he comes to CAlifornia without her, he can be arrested and held for kidnapping charges.
Ha, I had forgotten about the earlier Halloween eviction date, mentioned in the accompanying story to the Steines & Family Portrait (all rights reserved).
She went into the hospital with pneumonia, instead.
*Lawsuits stressing you out? When in doubt, get sick!*
Where Stern screwed up is in the Bahamas the birth certificate has to be signed in front of the registrar.... it was not, it was signed sometime after the fact. He cannot go back and alter anything because someone (Shelley) too the BC when he removed all the stuff from the house after ANS died. The BC is basically illegal.
Exactly.
But right now it looks like Birkhead is going to give the Bahamian courts sometime to work it out.
I truly doubt that the Ohio lab would follow any destroy order from the Bahamian courts since the DNA results are now complete and out of the Bahamian jurisdiction (when push comes to shove they don't have to follow the Bahamian order since everything is on US soil). Chances are Baird was laughing all the way to the Bahamian airport with the DNA swabs.
Out of Jurisdiction was brought up very early on once it was learned that swabs where going to fly out of the Bahamas with Baird.
Also the way I see it is Larry had to pay for those tests to be done. So Birkhead will get what he paid for. The California court is going to accept the DNA results because they were taken under proper chain custody methods. All Larry has to do is get the lab to send them to the California court or have the California courts cease them from the Ohio lab. I doubt a TRO would even be needed. Also remember the argument was always that Larry was the one that had to prove he was the father of the baby, not that Stern had to prove he was the baby's father.
From your typing little fingers to God's ears!
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