Brothers involved in custody dispute to remain in Finland before new court ruling

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The mother of two Finnish-American boys who were due to be returned to their father in the U.S. against their will announced on Thursday that the boys will be allowed to remain in Finland while the Supreme Court processes the case again.
      The boys' mother has asked the Supreme Court to overturn its earlier decision that the boys must return to the U.S., as the boys themselves would prefer to live in Finland.
      Technically, the earlier ruling of the Supreme Court has taken effect, so the boys could be sent to the United States at any time.
     
The court will decide next week at the earliest whether or not to change its ruling in the case. If the ruling is overturned, the Supreme Court can issue a new ruling, or move the case back to lower court instances.
      In theory, if the earlier decision should stand, the mother of the boys can lodge a new appeal, or could take the case to the European Court of Human Rights, if the decision to return the boys against their will is seen as a violation of human rights.
      The 10- and 13-year-old boys did not return to live with their father after their summer holiday last year. The official residence of the brothers is with their father, although the parents have joint custody.
      According to the Hague Convention on child protection, children must be returned to the country where their official residence is, a fact which the Supreme Court's earlier ruling was based on.


Previously in HS International Edition:
  Supreme Court reopens case of returning two Finnish-American brothers to U.S. (26.8.2004)

Helsingin Sanomat