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Locked on 04/08/2007 12:03:14 AM PDT by Admin Moderator, reason:
Continuing discussion: |
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
If all this is so... Then Orpi will be throwing this into the game and once again I have a feeling that this atty is not thinking about this...
International Child Laws
(both the US and Bahamas has agreed to honor this - Debra Opri mention this when they came out of the Bahama Courts)
http://www.unicef.org/crc/index_30228.html - Convention on the Rights of the Child
The child is not a Bahamian - The Bahamian judge knows this.
They cannot keep that child under their laws.
Now THAT would be an incident I would have a LONG time to recover from!
I've been known to wait outside till the poor man comes home..(I suffer from Arachnophobia)
sw
I missed it!
Damn ... I wish Opri could talk about the Bahamian paternity case... but she is under a Bahamian court gag order. None of these talking heads on TV are even paying attention or they are not aware of the agreement that both the US, Bahamas and some other 200 countries have agreed on.
First factor...
The child is not a Bahamian - she is a US Citizen (even the Bahamian government recongnises this - they cannot hold her down by their laws - the child has international rights)
once again... Opri briefly brought this up (below) when they came out of the Bahamian Courts a week or so ago. She also said everyone on the case is under a gag order so she could not go into detail.
International Child Laws
(both the US and Bahamas has agreed to honor this - Debra Opri mention this when they came out of the Bahama Courts)
http://www.unicef.org/crc/index_30228.html - Convention on the Rights of the Child
A judge said this morning that Anna Nicole Smith's boyfriend at the time of her death might be forced to give DNA for a test to determine the father of her 6-month-old daughter, according to lawyers at the hearing.
Superior Court Judge Robert A. Schnider denied a motion by Larry Birkhead, Smith's onetime boyfriend, that Stern be compelled to immediately join the case, which could result in him being ordered to give his DNA. But Schnider left open the possibility that he could change his mind later this month. The next hearing in Los Angeles is March 28.
Seems Howard has not applied for his permanent residency.
He can get temporary status for up to 8 months at a time.
But the countdown to those 8 months begins a new, each time he leaves the Island and comes back.
I loathe him..
sw
Article 7 (Registration, name, nationality, care): All children have the right to a legally registered name, officially recognised by the government. Children have the right to a nationality (to belong to a country). Children also have the right to know and, as far as possible, to be cared for by their parents.
Article 8 (Preservation of identity): Children have the right to an identity – an official record of who they are. Governments should respect children’s right to a name, a nationality and family ties.
Article 9 (Separation from parents): Children have the right to live with their parent(s), unless it is bad for them. Children whose parents do not live together have the right to stay in contact with both parents, unless this might hurt the child.
Article 10 (Family reunification): Families whose members live in different countries should be allowed to move between those countries so that parents and children can stay in contact, or get back together as a family.
I don't know. I watched for his name/postion as I typed, but never saw it. He also said that the Bahamian court will appoint a guardian for her and she will not be permitted to leave the Bahamas. No one outside the Bahamas will be granted custody.
I hope he's wrong.
Larry Birkhead and his attorney Debra Opri speak to media outside a Los Angeles courthouse Tuesday March 13, 2007. Opri, a lawyer for Birkhead, one of three men claiming to be the father of Anna Nicole Smith's baby, asked a judge Tuesday to order the late Playboy model's partner, Howard K. Stern, to come to California and provide a DNA sample.( AP Photo/Nick Ut)
Lawyer Wants Anna Nicole Partner's DNA - Washington Post
"Put up or shut up, that's what we're asking for," Opri said outside court.
Interesting....Except, we have to ASSUME Anna is really there with Howard, right??
Convention on the Rights of the Child...
http://www.unicef.org/crc/index_30228.html
http://www.unicef.org/crc/files/Rights_overview.pdf
Brief descriptions of the articles in the Convention on the Rights of the Child that relate to Dannielynn's situation....
Article 7 (Registration, name, nationality, care): All children have the right to a legally registered name, officially recognised by the government. Children have the right to a nationality (to belong to a country). Children also have the right to know and, as far as possible, to be cared for by their parents.
Article 8 (Preservation of identity): Children have the right to an identity – an official record of who they are. Governments should respect children’s right to a name, a nationality and family ties.
Article 9 (Separation from parents): Children have the right to live with their parent(s), unless it is bad for them. Children whose parents do not live together have the right to stay in contact with both parents, unless this might hurt the child.
Article 10 (Family reunification): Families whose members live in different countries should be allowed to move between those countries so that parents and children can stay in contact, or get back together as a family.
Actually, we had a worse experience this winter with a MUCH bigger cat.
Mr. RR and I had been asleep for a couple of hours, when our Siberian Husky started barking and absolutely going nuts! We got up and looked through the sliding glass doors that open to our back deck. The deck lights were on (so we could watch the snow falling that night), and there was a huge mountain lion eating out of a bag of dog food that I kept under the overhang. That darn cat stayed there for about a half hour, leisurely eating, and giving us glances occasionally. We've had a bad lion problem here (Black Hills of So. Dak.) in the past few years. Our neighbor lost her little Yorkie to one last month. And, the deer population is decreasing, as well.
The scum. Well the next time he enters the US, hopefully some of Anna's real friends will keep him from leaving. And hopefully that will be shortly after the investigation has been completed.
Wow - that is amazing - we picked the same paragraphs!
I meant to refer to the URL you posted - per protocol - sorry;(
sp
Can we say that as long as Dannielynn is in Stern's custody, she is de facto being held in the Bahamas under their laws?
That must have been fascinating to see that wild animal up close and personal. People need to be careful by letting their dogs and cats roam freely when there is a large wild animal popualation like that.
Thanks sod... there is much more on the other PDF files. Those are just brief descriptions.
The whole key to this is the child is not a Bahamian as in she is not of Bahamian Blood and she is not a citizen of the Bahamas. She cannot be until she applies for it at the age of 18.
Basically she is a hostage of the Bahamian government now.
Opri is a smart lawyer and I am sure she sprung this in the judge the last time they were in front of him and these talking heads on TV including the Bahamian lawyers are probably not aware of this international agreement because this issue has never happened in the Bahamas before. The agreement is fairly new to the Bahamas. I think they signed on to it in 2002.
Well - Virgie did get an injunction that DL could not leave the Bahamas.
We all thought that was to prevent HK$ from smuggling her to Dubai or somewhere else under cover of night.
However, I don't think the Bahamian government can assume custody or jurisdiction over a US citizen with next-of-kin such as Virgie fighting for custody.
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