Friday, July 31, 2020
RULING ON MORLEY’S EXPERT TESTIMONY CONCERNING TRAVEL TO INDIA
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.”