I couldn't say because the Italian family court system may be different to Australia's.
But even in Australia a child (over 12) can't decide who thy want to live with and it automatically happens. Their wishes are taken into consideration but it is still up to the Court to determine what is in their best interests.
I think that it is really important to remember a couple of thing in this particular case.
1. What this woman did was totally illegal! She told the father that she was taking the kids on a holiday and didn't return them.
2.she actually has permanent custody of the kids in Italy. So it's not like she doesn't see them.
3 there is nothing stopping her from moving back there to be with them. The youngest is 9? So what, another 9 years max?
4. If the father had done this, could you imagine the outcry?
5. All that the court has ruled is that she goes back to Italy to have the case heard there.
I think this has blown out of all proportion and for the sale of the kids, I think the mother has handled this really badly.
I agree. I think this mother has used the Australian media to turn these kids against their father. Ultimately, she has kidnapped these children and prevented their father from seeing them or even knowing where they were for over two years! There is nothing stopping her from returning to Italy to be with her children but her pride. The two reasons she gave the court here were that she couldn't afford to return to Italy and that she was worried that if she went back she would be prosecuted for kidnapping. The judge here made her ex husband sign papers saying he would not prosecute her and he was also made to send her $8000 so that she could return with the children. She chose not to. Even witnessing how distressed her daughters were, she chose not to.
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