CHICAGO and LONDON--(BUSINESS WIRE)--Jan. 10, 2000--Two leading U.S. and International family law societies have resolved to strongly recommend the immediate return of Elian Gonzalez to the custody of his father in Cuba.
The American Academy of Matrimonial Lawyers (AAML), an organization of the top 1,500 family lawyers in the U.S., together with the International Academy of Matrimonial Lawyers (IAML), an organization of the top 300 international family lawyers in 25 countries, have jointly issued the following
statement concerning the custodial status of Elian Gonzalez; the child who was plucked from the sea off the coast of Florida in late November:
"The fundamental right of parents to the custody of their children is pre-eminent both in U.S. and International law. Under the Hague Convention on the Abduction of Children, which has been adopted by the U.S., but not by Cuba, the proper jurisdiction for international custody disputes is
the habitual residence of the child. This rule of law corresponds to the Uniform Child Custody Jurisdiction Act (UCCJA) which has been adopted by all 50 states. The Hague convention also requires that the child be returned to the country of his habitual residence, absent grave harm to the child that
would result therefrom. The adoption of the Hague convention by Cuba, and those countries which have yet to adopt the convention, would go far in ameliorating similar cases in the future.
The above legal principles find their foundation in the precepts of the fundamental rights in all free societies for parents to exercise primary control and decisions concerning their own children.
The determination by the U.S. Immigration and Naturalization Service that Elian Gonzalez should be returned to his father, should be given immediate enforcement."
For comment: Charles C. Shainberg, president-elect, Shainberg & Viola, Philadelphia, 215-546-3100. International Academy of Matrimonial Lawyers: Richard F. Barry, president, San Rafael, CA., 415-453-0360. You may also contact: Jonathan Dedmon, The Dilenschneider Group, public relations
counsel for the American Academy of Matrimonial Lawyers at 312-553-0700.
CONTACT:
Shainberg & Viola
Charles C. Shainberg, president-elect, 215/546-3100
OR
International Academy of Matrimonial Lawyers
Richard F. Barry, president, 415/453-0360
OR
The Dilenschneider Group
Jonathan Dedmon, 312/553-0700
KEYWORD: FLORIDA ILLINOIS INTERNATIONAL EUROPE
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