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echo: god.and.gov
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from: Bill Lucy
date: 2000-04-16 20:19:40
subject: Re: Clinton: `observe the rule of law`

From: Bill Lucy 

In article ,
rgparker{at}west.net says...
> The irony, the irony:
>
http://www.boston.com/dailynews/106/nation/President_calls_on_Cuban_Amer
> i:.shtml
>
> Clinton reviewed the legal case with Attorney General Janet Reno by
> telephone late Friday. ''I just told her that I strongly supported her
> efforts that we clearly had to uphold the rule of law.''
>
> He added: ''We have to let the court cases be decided. But I think the
> main thing is I hope that all the people there who say they came to the
> United States because we have freedom and the rule of law will observe
> the rule of law.''
>
>
> BTW, its not clear which law we are upholding here. A Cornell U law prof
> said in an article I read that Cuba is not a signatory to the applicable
> Hague convention.

Under the convention, it doesn't matter. To apply for the return of a child
a parent must be only exercise "rights of custody" under the law
of the country where the child was "habitually residing" at the
time of the transfer. It matters not whether the country is a signatory,
and the Convention makes no such distinction.

see Friedrich v. Friedrich (78 F3d 1060)(1996).

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