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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
thanks... I look forward to seeing it because I don'r recall seeng it but I do remember you writing about it and us discussing it somewhat on the thread.
So now on LKL the two designer guys are saying "she had pneumonia for a long time"?
I am watching the GVS replay and HKS attorneys are all about a "settlement", but not about a DNA test. They dance all around the DNA issue, but whine because no one will discuss "settlement".
This case makes me want to cry. There are some pitiful people in this world.
I wish somebody tomorrow would rule againt that Marshall money. It would be the best thing for that poor child.
Here is a case of a Bahamian Court Custody decision between a Saudi Father and American Mother -- :
Custody was granted the Father
1The role of culture and values—and stereotypes—is magnified even more dramatically in the trans-border context.
Consider, for example, the Bahamian court order that gave custody to a Saudi father rather than an American mother, explaining that the decision was taken in order to avoid the risk of the children becoming “little Americans,” of “losing the cultural heritage of Saudi Arabia,” and of “losing the inheritance of royalty.
”2How one overcomes these kinds of cultural biases—whether in the United States orelsewhere—is well beyond the scope of this Article or the parameters of this Conference. Nonetheless, legal systems must be sensitive to legitimate cultural norms and values, particularly in disputes involving children.
I found a court case where a USA Court upheld a Bahamian Court Custody ruling:
The court then addressed the issue of whether the trial court erred in refusing to recognizethe Bahamian Custody orders.
The Court of Appeals agreed with the wife that the Fulton County court erroneously relied upon the Parental Kidnaping Prevention Act because the Bahamian Custody Decree does not fall within the PKPA.
The Court of Appeals held that the PKPA has no application to the Bahamian order because the Bahamas is not a —state“ within the meaning of the Act. Therefore,the Court of Appeals held the Bahamian court was not required to comply with the terms of the PKPA prior to entering an Order modifying the Fulton County Order.
The wife next argued that the Superior Court of Fulton County was required to recognize the Bahamian custody order and that the Fulton County court should have evaluated the Order in question with regard to the Hague Convention.
The Court of Appeals agreed and held that the Fulton County court and the Georgia Court of Appeals must give recognition to the Bahamian order denying the husband‘s application for assistance under the Hague Convention.
The court then noted that, while the Hague Convention‘s provisions require the courts of the state to recognize Orders refusing applications for assistance, the treaty does not require courts of this state to recognize custody orders.
Instead, the court held that the trial court had to look to the UCCJA to determine whether or not the custody order was entitled to recognition in Georgia. The court held that, under the UCCJA, the Bahamas constitutes a state as defined by that Act.
The court held that the Bahamian court assumed jurisdiction over the issue of custody in compliance with the UCCJA because the Bahamas was, at the time of the filing of the custody action in the Bahamas, the child‘s —home state“ and because the child had —significant connections“ with that forum.
Since the Bahamian court had assumed jurisdiction in compliance with the UCCJA, the court held, the Fulton County court was required to recognize and enforce the Bahamian custody order. The court therefore reversed and remanded the trial court‘s refusal to recognize the Bahamian order.
I also just listened to John O'Quinn and he was all hot air and BS IMO. Even Greta was exasperated when he accused Larry of just being a sperm donor and she said he has been fighting for his baby since she was a month old and he should get custody... O'Quinn sputtered and blustered and she finally cut him off.
14th March
Stern’s Testimony Vital To Upcoming Inquest
By Quincy Parker
The Bahamian courts’ interest in Howard K. Stern’s testimony at the March 26 inquest into the death of Daniel Wayne Smith has spiked in light of his mother Anna Nicole Smith’s sudden death, according to Chief Magistrate Roger Gomez.
Howard K. Stern was the lawyer and companion of the late American celebrity Anna Nicole Smith, who was a permanent resident of The Bahamas.
Daniel died suddenly at Doctors Hospital on September 10, where he was visiting his mother, by then a permanent resident of The Bahamas, and his newborn half-sister Dannielynn Hope Marshall Stern, born three days before his death.
Mr. Gomez, who will be presiding over that inquest, reiterated that Ms. Smith would have been a material witness.
"Her death has caused us to lose the weight of her evidence, but at the same time, it has also increased the interest in the inquest because of the way in which she died. She also died suddenly, her son died very suddenly, so it causes one to wonder what is the cause of their deaths," Mr. Gomez said.
"And so that’ll be one of the things we’ll be looking into at the inquest; to find out exactly what the cause of death was, of her death and of Daniel’s death."
He added that while the primary goal of the inquest will be to discover the legal cause of Daniel’s death, the court will "look with interest at the cause of (Anna Nicole’s) death as well, whenever that is revealed by the US authorities." Her death, he admitted, does shift the focus of the upcoming proceeding.
"It places a greater emphasis, I guess, on the evidence of Mr. Stern because he would have been the only other person present at the time, so it gives a greater spotlight to his evidence."
Mr. Stern was Ms. Smith’s lawyer and companion, whose name is on the birth certificate of her daughter.
The chief magistrate indicated that there was no question that Mr. Stern would be called to testify at the inquest.
He also gave an idea of how wide the scope of witnesses would be. He said anyone who was in the room at the time Daniel died, or that same day, is liable to be called, including hospital staff, police and other first responders, and "any visitors and so forth."
Regarding persistent reports that former Immigration and Labour Minister Shane Gibson is a potential witness in the inquest, Mr. Gomez did not rule it out.
"I don’t know if he is on the witness list as such, but if he was there during that time or anytime around then, he will be called," he said. "Anyone will be called."
The court shares the concern of the general public, Mr. Gomez said, "to see exactly what happened."
Mr. Gomez acknowledged concerns about the exposure of any potential jury to the practically ceaseless coverage of the case, and said the court could only instruct the jury to ignore anything from outside the courtroom, and focus only on the evidence given at the hearing.
http://www.jonesbahamas.com/?c=45&a=11916
Thank you - I will look at these tomorrow.
Not all cases are handled the same and we have to keep that in mind.
" As the Bible declares, "they will say good is evil...and evil is good." "
Very appropriate verse! Thank you for mentioning the Bible. I feel so sorry for that little one. Such a waste for her to loose her Mom. Especially when there were several around her who should have known how sick she was and gotten her to the hospital.
Prayers for little Dannielynn!
I realize that, but it looks like we have to look more closely at the Hague conventions and child custody. I found another very long article on the Bahamas and child custody; the days ahead are going to be anything but predictible.
Luckily, the court eventually removed the butler as executor. I hope Larry's/Dannielynn's lawyers can do the same with HK$ & friend$.
Great ideas for ways we can help. I get so frustrated watching the Stern lawyers. I shouldn't pay so much attention to those ghouls spinning about settlements, when its so obvious they only care about getting a pot of gold.
Thanks again for your excellent ideas
And, isn't it true he cannot take the 5th in the Bahamas?
"Pepper, don't forget if they give Virgie custody in the Bahamas Larry cannot sue in the USA to undo what the court over there does. Right now, I'd just feel better if Childrens Services took temporary custody of that baby."
What a mess, huh!! If Larry is her dad, which I hope he is, he should be allowed to have her. I'm sure he'd allow Virgie to have visitation with her. This is so sad. I don't want Virgie to deprive Larry of his child at all. That wouldn't be right.
But at the same time, I want her away from Stern, asap. Little babies are aware of much more than we think. Like you, I hated it when HKS told little DL that her Mommy was dead. What a creep, he is. Can you believe how emotionally involved we get? I'm so bad about that. Family thinks I'm nuts.
I have heard that but I have not verified it.
I don't think they having anything like the 5th.
I have no idea what they do with someone who will not speak during a inquest. They may simply arrest him if he does not talk. They may let him sweat it out in jail until he does talk if they have enough evidence that shows that he may have been the drug handler.
This rolls back to one Bahamian Lawyer I heard saying that they have never had a father refuse to take a DNA test after being requested to do so in their courts and if Stern refused the request for the DNA test, that the judge would look at it as if he was trying to hide something and that the judge would not rule in Stern's favor.
This may be how they do things over there... refusal to talk or agree to what is asked of them may point to guilt by their laws.
I will say one thing both the jail and prison are over crowded and it is nasty as well as very rough. He will not be treated well in jail or prison and will have to share his cell with about 5 to 6 other men.
Oh, I don't know... Howie might like sharing a cell with five or six men. /s
" Ron Rale just claimed out in front of the CA court house today that Anna's Will states that Stern is the guardian of Dannielynn. (yep - that is what he said - I had replay it several time to make sure I heard correctly)"
Ron Rales is one of the most disgusting of the whole bunch. Stern made sure to surround Anna with people who would do and say whatever would benefit him, rather than Anna. Daniel was right to be worried about his Mom. So sad for such a young person to have so much to worry about.
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