Child ordered to be returned to Turkey despite apparently strong defences

On the face of it, the father’s two objections to the mother’s application for the return of their son to Turkey in the recent case K (A child : Hague Child Abduction Convention) seemed to have some merit. However, the court still ordered the return.

The background facts of the case were, briefly, that the mother is Turkish and the father has dual Turkish/British nationality. The parties met in Turkey in 2006 and married in 2007. Their son, ‘K’, was born in Turkey in 2007 and was eleven years old when the mother’s application was heard by Mr Darren Howe QC in the High Court last July (as with many child abduction cases, the report of the judgment was only published much later (last week on Bailii in this instance), possibly to ensure that the return had taken place before the publication).

The parents first separated in 2016, but there was then a reconciliation. The father left Turkey in October 2016 and relocated to England. There was some dispute as to whether he relocated with the intention of the remaining family members joining him, but this was not a matter upon which the judge had to adjudicate.

The mother and K remained in Turkey. By April 2017 the marriage had finally broken down.

In September 2017 the mother arranged for a paternal family member to collect K from Turkey and take him to England for an agreed holiday with his father. K flew to England on the 9th of September and was due to be with the father for a week. That was then extended for a second week, and K was to return by no later than the 23rd of September.

I will not go into the detail of what happened next, but suffice to say that K was not returned to Turkey. In March 2018 the mother made an application under the Hague Convention for his summary return (she claimed that she had not made the application earlier, as it was not until January 2018 that she knew of the Convention).

The father accepted that K was habitually resident in Turkey prior to September 2017, and that his retention of K in England was wrongful within the meaning of the Convention. However, he raised two defences to the mother’s application:

  1. That the mother had acquiesced in the father’s retention of K in England. In particular, the father relied upon an email sent to him by the mother on the 23rd of September 2017 in which she said, amongst other things, that if K really wanted to stay in England, that he could, and that “I will allow you to take K.”
  2. That K objected to a return to Turkey, and had attained an age and degree of maturity at which it is appropriate to take account of his views (this latter point was accepted by both parents). The court had appointed a Cafcass officer to ascertain K’s views, and the officer reported that K indicated that he did not want to return to Turkey, giving as his reasons the political situation in Turkey, that he would get a better job in England and that the schools were better here.

All in all, it might appear at first glance that these defences were quite strong. However, the judge did not find them to be made out.

As to the acquiescence defence, he found that the mother had not at any time acquiesced in the father’s retention of K in England. The context of the mother’s email had to be considered. At that time she had not been allowed by the father to speak with K on the telephone. She did not know of her rights under the Convention and was desperately putting forward proposals in an attempt to arrange telephone contact. In any event there was never a concluded agreement regarding K remaining in England, as there never was any contact.

As to K’s wishes, the judge accepted the Cafcass officer’s view that he had been influenced by his father. However, more than that he found that K’s presentation of his wishes amounted to no more than a preference or a wish, and did not reach the threshold of an objection.

Accordingly, the judge made an order directing that K be returned to Turkey forthwith.

The message, I think, from this case is clear. If you are going to succeed with a defence to a Hague Convention application, then your defence really needs to be watertight. The rationale behind the Convention is that a child should normally be returned to its ‘home’ country, and it is for the courts of that country to make decisions about future arrangements for that child. That is what should happen, and only in clear cases will a return not be ordered.

You can read the full judgment here.

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Author: John Bolch

Holophonic Sound

Figures from U.S. patent #4,680,856

3D audio with just two speakers

I’m old enough to remember when the term high fidelity still meant something—it set apart audio equipment that had been deliberately engineered for faithful sound reproduction and a high signal-to-noise ratio from cheaper, cruder devices. At a certain point, though, pretty much everything was considered “Hi-Fi”; the new buzzword was stereo. Having equipment and recordings with two discrete channels of audio—conveniently matching the average number of human ears—was seen as the new sign of audio competence. Then there was the shift from the analog world of tubes, tapes, and vinyl to digital—a new standard of audio quality. A few years later, yet another phase: an increasing number of carefully positioned speakers and subwoofers to simulate the 360° audio field of the cinema. And now we’re using sophisticated digital signal processing to get better results with fewer speakers, but most people still seem to think two is too few.

For Those Who Have Ears to Hear…

While the number of speakers in the typical living room has increased since the days of my youth, the number of ears on the typical head has not. Humans somehow have the ability to locate the source of a sound spatially with only two inputs; even with a single ear, most people can pinpoint the direction a sound is coming from. Crucially, this sound-locating ability is not restricted to a single plane; we can also determine if a sound is coming from above, below, or anywhere in between (not to mention in front and behind). No home audio system I’ve ever seen (or heard) addresses the Z axis (up and down)—and neither, for the most part, do cinemas; for the most part, the only way to experience truly 3D sound artificially is to go into a special environment such as San Francisco’s Audium where speakers are physically placed above, below, and all around you.

If humans can determine the location of a sound anywhere around them with just two ears, it’s reasonable to imagine there must be some way of reproducing spatially accurate sound with just two speakers. But what’s the trick? What can ears and brains do that microphones and speakers can’t?

The Ears Have It

A large part of what enables people to identify the position of a sound is attributable to the hardware—the unique shape of the ear folds and ear canal. Because sounds coming from one direction will be reflected and channeled into the ear canal with slightly different characteristics than sounds coming from another direction, the brain is able to use these subtle clues to unconsciously create a mental picture of where the sound must have originated. While digital signal processing equipment can add depth and spatial separation to a stereo signal, there’s a much different and older approach to solving the problem: a method of recording known as binaural audio. A binaural recording is made with two microphones and a two-track recorder, just as a stereo recording would be. The difference is that the microphones are placed inside a dummy head—shaped just like a human head, complete with rubbery ears, sinus cavities, and so on. The microphones are right where the eardrums would be, so the signal they pick up is much closer to what ears would hear. The resulting recording—always most effective when heard through headphones—produces a vastly more accurate spatial rendition than would be achieved by using a pair of conventional microphones.

A well-executed binaural recording can sound shockingly realistic, even if the sound quality itself is not pristine. But binaural recording is appropriate only for live recordings; it’s also inconvenient, expensive (some pro-quality dummy heads retail for over US$8,000), and, frankly, just plain weird—all of which, along with the fact that you need to listen through headphones for maximum impact, helps to explain why you don’t encounter such recordings very often.

Hooked on Holophonics

But there’s a clever, patented variation on binaural recording that claims to go far beyond the simple microphones-in-the-dummy-head approach. It’s called holophonic recording, and the realism it produces, especially in the up/down dimension, is uncanny, eerie…even—as a friend of mine likes to say—freakadelic.

Ordinary holograms are produced by mixing reflected laser light with a second beam hitting an object from another angle; the resulting interference pattern of the two waves is what’s actually recorded on film. Expose the film to the same wavelength of light again, and a 3D image emerges from the interference pattern. Italian inventor Hugo Zuccarelli wondered whether a similar process could be used to record sounds, since after all, sound waves can form interference patterns with each other just as light waves can. His holophonic process starts with a type of binaural dummy head, but it reportedly records the interference pattern formed by mixing the sound with an inaudible, digitally superimposed reference signal. Zuccarelli believes that the human auditory apparatus, when listening to sounds, adds the same signal to the input, effectively decoding the interference patterns previously recorded. All that may sound like a bunch of mumbo-jumbo—and Zuccarelli certainly has detractors who claim “holophonic” sound is nothing more than binaural with maybe a few bells and whistles. All I can say is: hearing is believing. The holophonic recordings I’ve heard are simply remarkable—much more impressive than conventional binaural recordings—but I encourage you to listen for yourself (remember, use headphones!) and form your own opinion.

There is, of course, a little snag. As with all binaural recordings, holophonic sounds lose most of their spatial characteristics when played through ordinary speakers (though Zuccarelli has designed a special speaker system that enables holophonic sounds to be appreciated even outdoors by a large audience). As things stand now, you won’t be able to enjoy a holophonic soundtrack on your home theater system—no matter how many speakers it has—unless you and everyone else watching the film wear headphones. Nevertheless, a number of recording artists, including Michael Jackson, Stevie Wonder, and Pink Floyd, have employed holophonic technology in recordings or concerts, and it has also been featured in both films and commercials. Holophonic sound may be slow to catch on as a mainstream technology, but it’ll make your Surround Sound system sit up and go “Wow.”

Note: This is an updated version of an article that originally appeared on Interesting Thing of the Day on July 17, 2003, and again in a slightly revised form on October 12, 2004.

Image credit: U.S. Patent and Trademark Office


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Author: Joe Kissell

National Nothing Day

Nothing sign

If you’re sick and tired of all these daily observations of anything and anyone (whether serious or silly), today, January 16, is just for you. It’s National Nothing Day, a non-holiday to not celebrate a non-event—and has been since columnist Harold Pullman Coffin declared it so in 1973. So you don’t have to do anything, or celebrate anything, or protest anything today. If you have to watch TV, maybe you should watch the show about nothing, or just go around quoting your favorite line from Game of Thrones.

Image credit: darwin Bell from San Francisco, USA [CC BY 2.0], via Wikimedia Commons


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Author: Joe Kissell

Stowe guests: 3 things you need to think about if you are considering divorce

In this instalment of Stowe guests, we are joined by Rhiannon Ford who runs a divorce consultancy in Walton on Thames in Surrey.

A former family lawyer, Rhiannon combines her legal experience and work as a personal development coach to provide much needed support to those thinking about, going through or coming out of a divorce or separation.

Today, she joins us to offer her advice on the three things you need to think about if you are considering a divorce.

If you have come to the sad conclusion that your marriage has come to an end, there are probably lots of questions whizzing around in your mind, e.g. “What happens when?”

Whilst there may be lots of unknowns at this stage about what the future will look like now you wish to divorce, I would recommend the starting point be for you to gather your thoughts on 3 important topics:

  1. The marriage – are you married and if so do you want the marriage to end?
  2. Finances – what arrangements do you want to make regarding the family finances when you separate?
  3. The children – if you have children, what parenting plan do you want to put in place?

Here is a summary of what you will need to think about….

Marriage

If you are unmarried then clearly divorce is not necessary. However, even if you are married, you may not wish to rush in to getting divorced.  It is important to bear in mind that divorce is not the only way a couple can decide to arrange their separation.

You could for example, choose to live apart and resolve financial and children matters whilst remaining legally married. There is also the option of “Judicial Separation”. If/when you choose to dissolve the marriage then a divorce application will be made through the court.

Finances

When you decide to separate and/or divorce, an agreement will need to be reached to resolve financial matters between you and your spouse (whether or not you divorce). There are various options available to help resolve financial matters and you can choose which approach is most appropriate for the two of you. For more details about the various options, see my blog How do I approach reaching a financial agreement in my divorce.

There are also different ways to formalise any financial agreement reached, depending on how the relationship is brought to an end- e.g. separation or divorce.

Children

There are two main issues to be addressed in relation to the children of the family:

Living arrangements – this refers to the living arrangements of the children and how their time will be shared between the two parents.

Financial support – an agreement needs to be reached between you and your spouse as to how you will both financially support the children once you are living apart.

For a list of the issues that the parents will need to decide on see my blog Separating Parents: Planning arrangements for the children.

Contact

This blog provided general information about the important issues a separating couple will need to consider.

To find out how I might be able to help you in your situation, see my blog: How a divorce consultant can help when you are considering divorce and get in touch here.

Stowe Family Law has an office based in Surrey in Esher, close to Walton-on-Thames. The team is headed up by Emma Newman and can be found on the High Street. You can contact them here.

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Author: Stowe Family Law

Husband fails to have wife’s financial remedies application struck out

This is an unusual one, at least in terms of reported cases. As explained by Mr Justice Cohen in the first paragraph of his judgment, the case AR v JR concerned an application by the husband for the wife’s financial remedies application to be struck out on the basis that it was (a), vexatious, and/or duplicative and/or (b), on the basis there had been a prior compromise.

The relevant facts of the case were as follows:

  1. The parties married in 1967 and are now in their late 70s.
  2. All of their present assets, amounting to a “small fortune”, were accumulated during the marriage, the husband having established a very successful business which, by the end of 2015, had a net equity of just under one billion US dollars.
  3. The marriage grew unhappy, and in 2010 the wife issued judicial separation proceedings, and made a financial remedies application within those proceedings.
  4. A decree of judicial separation was pronounced in August 2010.
  5. On the 14th of October 2011 a consent financial order was made, setting out an agreed financial/property settlement between the parties. The order provided for the husband to pay to the wife a lump sum of some $16 million, in settlement of the wife’s claims within the judicial separation proceedings.
  6. In August 2015 the husband filed a petition for divorce on the grounds of five years’ separation.
  7. In October 2015 the wife issued a financial remedies application within the divorce proceedings.
  8. The husband opposed the application, on the basis that it was an abuse of the court process, the wife having already received a financial settlement when the terms of the 2011 consent order were implemented. He therefore applied for the wife’s application to be struck out.

Mr Justice Cohen dismissed the husband’s application, for the following reasons.

Firstly, it was clear to him that the order of 2011, made in the judicial separation proceedings, was not intended to cover a subsequent divorce, and that neither party thought that it did cover a divorce.

Secondly, the argument put forward on behalf of the husband that the wife should in the judicial separation proceedings have made her full financial claim covering her entitlement in all respects arising from the marriage was unsustainable, because:

  1. There was no obligation to do so. Indeed, as the husband accepted, the anticipation of the parties was that they were to remain married.
  2. Divorce and judicial separation are not the same cause of action. Divorce terminates a marriage; judicial separation does not.
  3. On the facts of the case, the wife did not have the material upon which she could assess the value of her claim for a full share of the assets in 2011. The husband knew that as much as the wife – he had not provided full disclosure of his means. It was true that the wife might have been able to obtain disclosure via court orders, but she was under no obligation to do so. She was entitled to say: “We are still married and I want to remain married to you for many years, perhaps the rest of my life, and for as long as that remains the case, I am content to have my claims dealt with on a needs only basis.”
  4. Both parties were or must have been fully aware on the advice from their own lawyers that the wife’s entitlement claim had not been dealt with.
  5. They must both have been aware that there were matters that still had not been dealt with.
  6. There was no evidence that the wife misled the husband in any way at all.

In the circumstances the husband’s application failed. The wife’s financial remedies application must therefore proceed.

Mr Justice Cohen ended his judgment with this rather sad plea to the parties:

“They are now in their late 70s. It does not appear to me that either is in the best of health. This litigation has been going on for three years. They should not be spending time locked in litigation when there is plainly more than ample funds available in this case for it to be settled. I do urge them to consider mediation to try and bring matters to a closure.”

Let us hope they take heed.

You can read the full judgment here.

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Author: John Bolch

Becoming a Saint

The Canonization of Saint John XXIII and Saint John Paul II

The curious process of canonization

Douglas Adams, whose writings I have always admired greatly, was a self-proclaimed “radical atheist” who nevertheless liked to say that he was “fascinated by religion”—carefully pointing out that interest was different from belief. Although I would characterize my own views in somewhat different terms, I share his fascination with certain religious beliefs that I do not personally hold. One such notion is that of the saint, particularly as the term is used in Catholicism.

Borrowing an expression from the historical canonization process, allow me to play devil’s advocate for a moment. As an outsider, my impression of saints is that the Church considers them to be extra-holy (dead) people to whom God pays special attention, so that by praying to a saint instead of directly to God, you somehow stand a better chance of having your prayer answered. So they seem to function as heavenly lobbyists, and frankly, I would have thought that an omniscient God would frown on such tactics. Presuming, of course, that a departed soul can hear prayers at all, it is unclear to me why a saint would listen to me in the first place if God were disinclined to heed my prayer. And my mind boggles at why saints’ domains of intercession should be so specialized. (Did you know that Isidore of Seville is the patron saint of the internet? No kidding.)

These things puzzle and exercise me. At the same time, I find the whole subject of sainthood extremely interesting. In particular, I always wondered just how it was that someone came to be recognized as a saint, having picked up only bits and pieces of the process in books and movies. After doing a bit of research, I think I can give a very rough (and, I hope, approximately correct) outline of the path to sainthood. But before I describe the current process, I need to go back quite a few centuries to provide some background.

Saints Alive

As I understand it, the word saint (from a Latin word meaning “holy”) was used in the New Testament simply to denote a righteous person (living or dead). During the early centuries of the Christian Church, the term was applied fairly freely to any number of people, and the practice of praying to particular saints after their death gradually became an accepted part of religious life. Eventually, bishops reserved the authority to decide who should be considered a saint, but such proclamations were considered valid only for that bishop’s local area. By the 10th century, the Church realized that very uneven standards were being applied, and that rather questionable characters were being called saints—even some who may never have existed. So the process was officially codified for the first time, with the pope assuming sole authority to proclaim someone a saint. Although this title was given to some who had been called “saints” before, many didn’t make the cut. (St. Christopher was among these. Although never canonized—formally declared a saint—his feast day continued to be listed on the official Church calendar until 1969.) The rules for canonization were refined and improved over a period of several centuries.

The original process was an enormously complex and lengthy one. Church investigators collected extensive evidence about the person’s life and death—including, especially, any writings the person left. But the crucial test was that of miracles. It was not necessary that a person had performed a miracle while living (though such events certainly helped the cause). Rather, evidence had to be found that after the person’s death, someone had prayed to them—and only to them—and that a miracle had subsequently occurred. The number and nature of required miracles varied according to the circumstances. Many of the earliest saints were martyrs—those who had not only led holy lives but who had demonstrably died for their faith. Martyrs were put on the fast track to sainthood, with less-strenuous requirements—including fewer (or in some cases, no) miracles.

When a certain amount of evidence had been collected, the person was beatified, at which point he or she could be referred to as “the Blessed So-and-So.” But before sainthood could be granted, proof of one or more additional miracles was required. In addition, the life of the saint-to-be was subjected to the utmost scrutiny, with an appointee of the Church (commonly known as the “devil’s advocate”) digging up and pointing out any potential flaw or shortcoming, no matter how small. If this person, who functioned very much like a prosecutor in a trial, was unable to prove his case “against” the beatified, sainthood could be granted.

You will notice, of course, that I speak of all this in the past tense. In 1983, Pope John Paul II simplified the process of canonization tremendously—and eliminated the position of “devil’s advocate.” Now, in general, beatification requires an unblemished biography—with ample indication of the individual’s devotion to the Church—plus one posthumous miracle. Canonization requires a second miracle. Although the process is not even supposed to begin until at least five years after a person’s death, the pope can waive that requirement at his discretion, as he did with Mother Teresa.

It’s a Miracle

This business of proving that a saint was responsible for a miracle is particularly fascinating. The Church adopts a stance of skepticism toward all such claims, and has an entire staff of scientists and doctors who attempt to disprove the miracles—or to find alternative explanations. Most “miracles” are miraculous cures, and in such cases, the Church requires that a board of five doctors unanimously agree that no other explanation exists. Moreover, the cure must be complete and instantaneous; if the illness was cancer, a waiting period of 10 years is required to be sure the disease hasn’t merely gone into remission. Of course, proving that a particular saint was responsible for a miracle (having interceded with God on someone’s behalf) is not such a scientific undertaking. What if, for example, a neighbor prayed to another saint but didn’t tell anyone? What if—heaven forbid—the “miracle” occurred due to perfectly natural causes that simply escaped the scrutiny of the examiners? When all is said and done, no formal process, however detailed and rigorous, can completely eliminate the need for faith.

When all the tests have been passed, the pope proclaims, infallibly and irrevocably, that the person is a saint, and, in fact, always has been. The pope’s declaration does not, according to Catholic dogma, make someone a saint, it only acknowledges this fact officially. The faithful may honor and pray to a saint, but not worship a saint, as worship is to be reserved for God. Likewise, a saint does not actually perform a miracle but rather entreats God to do so. But in real life, these fine distinctions are sometimes lost, turning saints, for all practical purposes, into demigods.

Thanks to his newly streamlined process, Pope John Paul II declared nearly 500 people to be saints—many more than all his predecessors combined. Not to be outdone, Pope Francis has declared almost 900 people—including Pope John Paul II and Mother Teresa—to be saints as of early 2019. This seems rather excessive to me, but then, having any saints at all strikes me as an unnecessary complication in an already complex religion. I suppose the optimistic view is that this is a reflection of an ever-growing number of virtuous people in the world. But I can’t prove that; you’ll have to take it on faith.

Note: This is an updated version of an article that originally appeared on Interesting Thing of the Day on March 19, 2005.

Image credit: Aleteia Image Department [CC BY-SA 2.0], via Flickr


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Author: Joe Kissell

Wikipedia Day

Wikipedia logo

The English language Wikipedia came to life on January 15, 2001, so it’s now old enough to vote! Although I can identify numerous shortcomings of the Wikipedia—and generally try to avoid using it as a reference for articles here if I can find a better alternative—it is nevertheless an incredibly valuable, and occasionally accurate, compendium of knowledge, and I’m glad it exists! Perhaps one day I’ll be considered sufficiently notable to get my own page.

Image credit: Wikipedia [CC BY-SA 3.0]


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Author: Joe Kissell

Giveaway Winners!

I’m really excited to share the winners of last week’s giveaways!

We have two lucky winners!

One winner, to celebrate my ninth bloggaversary is for my cookbook, Penniless Foodie in the Wild; Adaptable Recipes for Foragers and Frugalistas!

The lucky winner is Linda H, who said that her favorite post on Penniless Parenting.com is:

“I love the whole Extreme Frugality section, but my


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Author: Penniless Parenting

7 Small Changes That Promote Big Budget Savings

Sometimes to save money, it takes a lot of time. Sometimes, though, there are simple changes that can save money. Here’s some tips from a reader.

The new year has arrived, and that means that people from all around the world are looking for positive ways to make a change to their daily routine. Since money is an issue that we all deal with on a somewhat regular basis, it makes sense that you


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Author: Penniless Parenting

In re E.T.

(California Court of Appeal) – Reversed an order terminating a mother’s parental rights. Held that this was the rare case where the juvenile court erred in determining that termination was best for the children.


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