Italian custody dispute father speaks out

11 Jul 2012, 8:40 am   -   Source: Marina Freri, SBS Italian Radio
The High Court will not decide on the merits of the competing custody claims, but on a technical point of law concerning whether the children should have been given the opportunity to voice their opinions in court. (File: AAP)

The High Court will not decide on the merits of the competing custody claims, but on a technical point of law concerning whether the children should have been given the opportunity to voice their opinions in court. (File: AAP)

The father involved in an international custody dispute speaks to SBS Radio's Italian program.

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The father involved in an international custody dispute speaks to SBS Radio's Italian program.

The children, who are dual citizens, lived in Italy under a shared custody agreement until 2010 when his Australian ex-wife brought them to Australia purportedly on holiday.

In May the Family Court of Australia granted an order that the children return to Italy for a custody hearing. However, the children went missing, while the mother and other relatives claimed they did not know the children’s whereabouts.

After being found by police, the girls were ordered into foster care until this weekend, when the Family  Court released them to their mother’s care with weekend visitation rights to the father while he is in Australia.
 
The mother has appealed to the High Court arguing that the children should have been allowed to voice their opinion about where they wanted to live, hoping to stay the order for them to return to Italy for the custody proceedings there.

According to a media report, the mother and children have claimed that the father has been verbally and physically abusive towards them and the mother claims to fear imprisonment if she goes to Italy. However, these allegations are untested and are not part of the High Court’s decision.
 
For legal reasons we cannot identify any party to this dispute.

 
Why did you come to Australia?
 
I came to Australia because my children have been kidnapped from Italy, they have been removed from my country illegally. I had a joint custody order, issued by an Italian court, but they have been removed illegally.

So I came here with precise orders from a court, which ruled the children must be returned to Italy. So I came here and I was expecting to return the children to Italy
 
When you say that “they have been kidnapped” what do you mean?
 
I mean that it’s a criminal act to remove illegally children from one’s country.
 
When you say “it’s a crime” you mean you were not aware that your children would have gone to Australia and stayed there?
 
I signed permission for my daughters to go on holiday for one month. I simply put my signature on their passports to allow them to go on holiday in Australia, to reward them for their achievements in school.

I didn’t imagine that this would have turned out to be a long and painful “Calvary” for me, for my daughters and for all our family in Italy
 
During that 2-year period when your daughters stayed in Australia and you were in Italy, did you manage to talk to them?
 
Initially it was difficult to contact them. As time passed by, I managed to establish communications with them, among difficulties such as the time difference and their school duties, but especially the time difference. But I talked to them via Facebook or over the phone.

Communications were very scarce. I could talk to them for no longer than 15 minutes over the phone. This has been very disappointing, depressing… a tragic situation.
 
Do you think the Australian institutions have given you adequate support in the process?
 
I believe Australian institutions have undervalued the problem as a whole.

The mother has always played dirty, since the beginning when she took the children to Australia, kidnapping them. I think the Australian government has somehow favoured the mother in this context, delaying proceedings.
 
I think this set an ugly precedent for Australia. I mean, if the Australian government doesn’t pay attention to what’s happening right now it sets a precedent. It means that everyone would be able to act like my ex-wife. You can breach the law and get away with it.
 
Now your daughters have told the media that they would like to stay with the mother, would you accept this wish?
 
Unfortunately I can’t believe that this is their wish. Since the moment I came to Australia my children have expressed the will to go back to Italy.

The children and I have suffered a great deal of injustice; the Australian government can repay us only by allowing the children to go back to Italy.

Once back in Italy, there’ll be the possibility to listen to the children’s wish and if they really want to live in Australia, we could talk about it.

The law to which I refer must clarify whether the kids have been removed illegally or not.
This has been proved, but unfortunately the children are still in Australia.
 
It was reported by local Australian media that your daughters said they don’t feel safe with you. What do you reply to this claim?
 
When we were in Italy, my daughters used to spend much time with me. Since I divorced in 2007 and up to 2010, my daughters used to stay 4-5 days with me. I used to take them on holiday. We had a great relationship.

How can I believe that all this has been forgotten? That my children say that I was violent and abusive with them and the mother? This is nonsense and inacceptable.

If any of these (claims) were proven, I would leave Australia and quit this fight for my children’s rights and my rights too.
 
You are telling me you are fighting for your children’s rights and your rights too. But have you talked to your children and ask them what they would like to do?
 
I don’t think it would be appropriate to talk about it now, in this context. Given all that happened in previous months… The children have been involved. in an illegitimate way, in matters they should be estranged to.

The mother decided to get them involved with the excuse of exercising the children’s rights.
 
But there’s no law which establishes that children should be involved.

I don’t want to talk about it now with my children. I think the children should go back to Italy, calm down and then express their opinion. But not here in Australia. 
 
So you don’t believe children should have a say on their future?
 
I’m not against it, but this is not the right context. They should have their say but not in Australia.
 
Is there anything that worries you while you wait for the High Court to rule on the case?
 
I’m worried that the children are now with their mother without supervision. There’s a record of her (mother) not obeying by court orders. All her family has cooperated to hide my children. And I fear this could repeat.
 
(ENDS)

The High Court will not decide on the merits of the competing custody claims, but on a technical point of law concerning whether the children should have been given the opportunity to voice their opinions in court.

If the original order is upheld, the children must return to Italy where custody proceedings are on foot.

The father has argued that the International Hague Convention requires that the children should be returned to the place of the original custody proceedings, in Italy.

The High Court decision will have important public interest connotations for Australians involved in international custody disputes.
 

Radio Transcript

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