View Full Version : custody outcome
http://www.orange.co.uk/news/uk/19702.htm?linkfrom=news_&link=box_left_pos_2_2_link_title&article=newstopitem
I feel very sorry for this girl, she obviously doesn't want to live in Scotland and wants to be brought up with her Muslim heritage. What kind of relationship can she have with her mother when she doesn't want to be with her. None of the children from the marriage seem to have wanted to live with their mother so why force one child to be apart from the rest? I noticed in yesterdays press and journal it reported that her mothers partner was in court on a breach of the peace charge for locking the mother and baby out of the house and causing a ruckus, what kind of home is that for an already unhappy girl to be forced back to. I personally think the courts have got it wrong on this one.
Yes I agree with you, but lot of support for the girl may come from a racist element that may be taking an ostensible approach for the benefit of the child but their real reasons are for racial deportation. Just my opinion which is backed up by private conversations with other people...
melted_wellie
29-Nov-06, 12:39
yeah i also agree, let her live with her father in Pakistan. But i bet in 5 years or so she will be back in mainland Britain after having escaped an unhappy arranged marriage and an oppressed lifestyle.
the nomad
29-Nov-06, 12:45
Remember she is from the Western Isles, it can be hard going living out there and doesn't suit all. Maybe Pakistan seemed more appealing, certainly warmer. Who knows what goes on behind doors but I agree it's a strange setup.
Having read this article, I believe that she is very grown up for her age and definately knows what she wants. http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=409360&in_page_id=1770
As a general comment about divorces where children are involved, isn't it time that where there is a dispute over custody that the children's wishes and needs were taken into consideration?
My own opinion is that there should be an Officer of the Court appointed to look after the interests of the children and, where necessary, independent legal representation provided to look after their interests.
This should only be necessary when the children are simply being used as "ammunition" between two squabbling adults who are more interested in winning a "power struggle" than the welfare of their own children or where an amicable settlement proves impossible to achieve.
melted_wellie
29-Nov-06, 14:10
As a general comment about divorces where children are involved, isn't it time that where there is a dispute over custody that the children's wishes and needs were taken into consideration?
My own opinion is that there should be an Officer of the Court appointed to look after the interests of the children and, where necessary, independent legal representation provided to look after their interests.
This should only be necessary when the children are simply being used as "ammunition" between two squabbling adults who are more interested in winning a "power struggle" than the welfare of their own children or where an amicable settlement proves impossible to achieve.some children will say anything though for a mars bar.
cuddlepop
29-Nov-06, 14:58
I get the impression that even although her mother has been granted custody Molly will not stay with her mother,court order or no court order:(
The young girl does not want to live over here.
If Molly is so determined that she doesn't want to live with her mother, I can see difficult times ahead for both of them. :(
That's such a shame, the girl clearly wishes to remain in Pakistan.
Remember she is from the Western Isles, it can be hard going living out there and doesn't suit all. Maybe Pakistan seemed more appealing, certainly warmer. Who knows what goes on behind doors but I agree it's a strange setup.
As far as I know she was born in Glasgow not the Western Isles
The second link gives you the whole background as does a wikipedia piece. It makes interesting reading.
I understood that the court in pakistan is not ruling on custody - there is an agreement that where a child is taken abroad the custody hearing should be heard in the country the child lived in before the "abduction". Misbah has to come back to Scotland to get a proper custody hearing because the court in pakistan hasnt the jurisdiction to make the decision. Thats why the court has decided that misbah should be returned to Scotland. Then the custody hearing can take into account where she wants to live.
its a mess right enough
It truly is a mess and I hope then that the courts will give her a chance to say her piece and actually listen to what she has to say. She most certainly should have a say in her own future after all the big emphasis nowadays is the fact that youngsters should be given freedom of choice and nobody knows better what she wants than Misbah herself.
She's not four, she should have had her views at least taken into consideration, if not, it's a disgrace.
Stewart
it appears they havent got to that stage yet. The court in pakistan was to decide whether her dad had taken her illegally and as she was in the care of her mother then she had been taken without permission. The decision as to who has custody is to be made in Scotland and that hearing will take into consideration what Misbah wants. However it is her father that broke the law without getting permission first - regardless of the rights and wrongs or who misbah wants to live with we cannot allow people simply to remove children and take them abroad without getting the proper authority. This seems to be a case where the child wants to go but even so we have to protect all children and thats why the law says that the custody hearing has to be held in the country the parent with custody lives in. that way if parents abscond with children they cannot be granted custody without first returning to the UK
Ah, right. Well, I'm with you there, you can't have people snatching kids.
I believe that in scotland atleast a child from the age of around 8 can decide whith whom they want to live with. As when i was that age i moved up her from edinburgh with my mum and sister and we both got the decision of who we wanted to live with. although i think that at this age i was still to young to decide as the only reason i decide my mum as that my sister had said it first i believe if she had said dad i would have.
Alice in Blunderland
29-Nov-06, 20:06
Squidge is right the law has been broken and whether to live in this country or in Pakistan it should be heard in a Scottish court where the original custody decision was taken.With this in mind another hearing can take place and Misbah her mother, father and the courts should come to a decision they can all live with.
hayseed_dixie I take it you are well versed on the Pakistani culture to come to this opinion. :) Its not that backward a country women even get to vote and if their husband hand picked or married for love doesnt come up to scratch they can also take them to court and guess what.....get a divorce.No need to flee to Scotland that will just start another debate about immigration again :cool:
melted_wellie
30-Nov-06, 02:48
Squidge is right the law has been broken and whether to live in this country or in Pakistan it should be heard in a Scottish court where the original custody decision was taken.With this in mind another hearing can take place and Misbah her mother, father and the courts should come to a decision they can all live with.
hayseed_dixie I take it you are well versed on the Pakistani culture to come to this opinion. :) Its not that backward a country women even get to vote and if their husband hand picked or married for love doesnt come up to scratch they can also take them to court and guess what.....get a divorce.No need to flee to Scotland that will just start another debate about immigration again :cool:Watch this space.....Aliceinblunderland!!!
Alice in Blunderland
30-Nov-06, 19:01
I am watching, and the family that she is with in Pakistan seem to be rather well off.This being the case generally, they are better educated and more cultured :D .In any country a wife can be opressed and as for arranged marraiges some work some dont can we say we are any better off marrying for love ..... just look at our divorce rate :eek: quite high considering we pick them ourselves.I am on husband number two myself and I cant blame my parents for my first marraige.As for Misbah if she is used to the culture of this country then who knows she might love it there and never come back it is for her to decide with the help and guidance of her parents and the courts.
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