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I just
found this ruling from a while back by a judge in Connecticut on the impact of
my testimony as an expert witness on India law and practice.
“We, normally in these matters, do not have the opportunity to hear
from an expert witness, particularly someone as learned and as experienced in
what I'll call international issues as Attorney Morley who was here this
morning. As everyone knows Attorney Morley only testified for probably 15
or 20 minutes. We sometimes, lawyers and Judges will discuss people's testimony
and sometimes we say it's the quality not the quantity of the testimony that is
appropriate. In that 15 or 20 minutes Attorney Morley laid out what I'll refer
to as both, I think, the social interaction between the parents and the
political in India, the United States, the Hague Convention, their courts, our
courts, that sort of thing in a very succinct, intelligent and sophisticated
manner; the Court found Attorney Morley's testimony to be extremely credible
.
The Court also in observing and reading about the Defendant Father's
objection to the Plaintiff taking his daughter on this trip to India is aware
of at least one prong of Attorney Morley's comments; he did indicate, my notes
reflect this morning that there were two issues here. One would be the, in this
case, the mother leaving, extensively staying in India with the child and the
Defendant having no opportunity, A) to see the child or B) because of India's
steadfast refusal to adhere to the spirit rules and law the Hague Convention
having no opportunity to get her back….
But in analyzing the totality of this motion, the affects of this motion, I
am brought back with, frankly, some frustration to Attorney Morley's analysis,
of what I again will refer to the political aspects of this case. While this Court is absolutely convinced that
Ms. B… has no intention at this time to go to India and not return with her
daughter , this Court finds, and I believe this is something that Attorney
Morley said today that it is the Country, India, presenting the risk here, not
the parent. ‘’’
If god forbid, the Plaintiff were permitted to take her daughter to India
and for some reason her daughter were kidnapped or something else happened,
there is virtually no way, based on the credible testimony from Attorney Morley
the Expert, that this Court or any other Court in the United States would be
able to exert one iota of influence to get her back, which is, frankly, if that
happened what this Court would be doing in a heartbeat.
India for whatever reason, according to Attorney Morley and, again, I found his
testimony to be credible, both the written testimony that was offered and the
oral testimony he gave here today, has indicated quite fully that India des not
find it a crime … if for some reason this little girl … were snatched over
there that the American courts would be able to do anything t get this young
girl back to her parents. That is a risk that in the best interests of this
young girl I am not willing to take, therefore ... [the] motion for permission to
take the young girl to India is denied.”
