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February 11, 2011     Post-Gazette
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February 11, 2011

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Page10 POST-GAZETTE, FEBRUARY 11,2011 David J. Saliba Attorney at Law A Lebanese mother removed her child from Lebanon to Massachusetts in violation of a Lebanese Court order CHAAR vs. CHEHAB The parties, Lebanese citizens, married in Leba- non in 2001, and whre living there-when their daughter was born on September 16, 2002. When they were divorced in Lebanon in January, 2004, the mother was granted custody of the child with visitation to the father. Thereafter, the mother, seeking to reduce visitation, filed an action in Lebanon that resulted in an order liminiting the father's visitation to one day a week. In May, 2006, the mother left Lebanon with the child without the permission of the father or the Lebanese court. After a brief sojourn in Canada, she settled in Massachusetts. When he Massachusetts Appeals Court Decided December 31, 2010 could not find the child, that father filed a petition in the Sunnite Muslim Court of Beirut (the Leba- nese court) to modify the custody orders. The mother was represented by counsel at these proceedings. There is also an out- standing arrest warrant in Lebanon for the mother's abduction of the child. The father brought suit in Mid- dlesex Probate Court to take custody from the mother. The Probate Court denied the father's request. The Appeals Court upheld the Probate Court's decision. Tt{e Court said: Under Massachusetts law, while removal of a child with- out court authorization or parental consent is a rel- evant consideration, the child is "not chargeable with the misconduct of her mother ... and ought not to be compelled to suffer for it. Her welfare is the para- mount consideration. Contrary to the father's contention, there is no in- dication in the documents put before the probate judge that the Lebanese law gov- erning custody disputes takes into consideration all the relevant factors bearing on the child's best interests as that standard is under- stood under the laws of the Commonwealth. This case says the welfare of the child governs. Foreign law does not bind our courts considering the best inter- est of the child. News Briefs (Continued from Page 1) struck by a car at 8:10 am in the morning commuter rush. The Boston Metro asked its readers if speed limits are too high to main- tain a safe bike riding cul- ture. Peter Stidman, direc- tor of the Boston Cyclists Union has urged officials at City Hall and at the State House to reduce speed lim- its in Boston to help save lives and adds that speed limits in "American cities as a whole are set higher than the most bike-friendly cities in Europe, which fall around 20 mph." Was speed a factor in this latest tragedy? Was the bi- cyclist obeying traffic laws? We know nothing to date and should h01d back any rush to judgment blaming a motor- ist without all the facts. All of us with eyes know that many bicyclists have a total disregard for red lights. When I see a bike stopping for a red light, I am shocked at that action. It is so against the ordinary. Talk- ing about Europe? Bicyclists there certainly know how to safely ride bikes in trouble and could teachAmerican cowboys on bikes. Kudos to Metro letter writer Steve Sobenko of Somerville who writes, "On a daily basis, I can attest to the apathy for traffic signals and stop signs by most cyclists. They are impatient, ignorant to the law or feel they have better judgment than struc- tured traffic laws protecting them. This puts cyclists, motorists and pedestrians at risk. Fines on running red lights enforce safer roads." Might I dd, bout that 20 mph epeed limit. If ear drove 20 mph, you can bet those bicyclists would be whizzing by them going 30 mph. Too many bicyclists think they are pedestrians on wheels and that is the number one problem to be addressed. So say you, Mr. Stidman? This is Truth to Power? "We are in a struggle for future generations," said Chuck Turner. "if some of us fall along the way, the oth- ers have to keep up the struggle ... If I die in prison, all I want is an autopsy." It looks like he'll soon be tak- ing an involuntary vacation to a room with little view down in ConnccUcut for uF to three years. The media keeps calling him the Harvard educated Chuck Turner, but he certainly hasn't sounded like a Harvard man to this writer. He pleads for mercy and never shows contrition. That's a hard act to follow. They've made a rap song about him by some rapper named M,C., whoever he is. Of course as the rap goes Chuck got set up by the man. Only trouble, he was that man. Other politicians have gone behind bars over the years, but might I add with much more class. Turner's problem, he became a ilia- ment of hls.o n imagina- tion. Viva Viva Rosa Parks! Viva Cesar ChavezI No Viva Chuck Turner! I'm with Coakley on this One Last year when Martha Coakley ran against Scott Brown for "The People's Seat," I voted for Brown. How- ever, right now I'm support- ing Coakley who opposes Governor Patrick's idea to shrink, drug-free zones around schools from 1,000 feet to 100 feet. She is re- luctant to the change at thi gtage. District attorneys can use discretion before applying the penalties associated with the drug-free zone that trigger longer sentencing, she says. Patrick added shrinking the drug free zones as part of his criminal re-entry package, which is aimed at reducing prison overcrowd- ing and targeting the most violent offenders. Doesn't he think that selling drugs to school children is something to target? Oh, by the way, I read where he also supports clos- ing two State Department of Corrections sites. Over- Crowdin~ and closln~a of sites doesn't sound right to me. How about you? Fight Over Fiscal 2012 Budget Should Be a Doozie The governor has proposed his department cuts for next year's fiscal budget. Hit hard as usual will be the Depart- ment of Mental Health, which under his plans would be cut over $16 bilIi0n. Over the years I've seen gover- nors put the ax to this agency over and over again because those who need services have little if any voice up on Beacon Hill advocating for what is right. Once again valuable services that keep people safe and healthy get trimmed and governors can look like good guys trying to do right by the taxpayers. When it comes to prioritiz- ing needed services, we know that mental health is usually considered a bottom dweller entity. Stop messing around with people's minds and do the right thing for a change. Does Patrick Think We're Not Watching? Recently, Governor Deval Patrick has announced that he wants to layoff some 900 tcttc w0rker to ave budget money, but at the same time proposes to hire a thou- sand defense lawyers ~as state employees to save money. I don~t know about you, but doesn't this sound all cockamamie? by bob morello 'i reviewing the best :. forgetting the rest STEEL MAGNOLIA Big Machine When Steel Magnolia (Meghan Linsey and Joshua Scott Jones) was announced as Season 2 winner of CMT's Can You Duet, it started a rapid rise to success that even the duo probably hadn't anticipated. Magnolia's debut single, "Keep On Lovin' You" shot up the charts quickly, and their latest, which they wrote, "Last Night Again" appears to be doing the same. Sandwiched around and in between are cuts of note, several penned by the dynamic duo, includ- ing "Ooh La La," "Edge of Goodbye," the pain of lost love "Without You," "Rainbow," the tasty "Eggs Over Easy" and Jones' solo composition "Glass Houses." Additional favorites have "Just By Being You," local songwriter Lori McKenna's "Bullet- proof," and Keith Urban's "Homespun Love." Heavenly harmonies have earned them a 2011 ACM nomina- tion for 'Top Vocal Duo" -- and a very promising career! AUGUSTANA Epic Augustans will release the first single, "Steal Your Heart" on February 14th, from their eagerly awaited self- titled third album for Epic Records, due out April 26% The band features vocalist/ lyricist Daniel Layus, who provides the emotionally re~oIlo.nt, root~ [~o[~/l-ocl~ that has become the band's trademark. Pick your favor- ites from tracks as, "Wrong Side of Love,: the touching "On the Other Side," the emotional "Counting Stars," the philosophical "Borrowed Time," hitting the bullseye with "Shot In the Dark," and the painful remembrance "Someone's Baby Now." Fore- casting a tough road ahead is "Hurricane" followed by the pleading "Just Stay Here Tonight," and ends with the love litany "You Were Made For Me." Three 'bonus tracks' include the uptempo "Hearts Wander," the reality of "Last Mistake," and an acoustic version of "Shot In the Dark." Excellent! DISNEY JAZZ VOLUME I: EVERYBODY WANTS TO BE A CAT Disney Pearl Disney and Jazz sounds like trying to mix oil and water. But, if you want a treat that will last, check out the "baker's dozen" of tunes on this CO, and you will see Carter offers "Find Yourself' (Cars), Joshua Redman blasts "You've Got A Friend In Me" (Toy Story), vocalist Dianne Reeves purrs "He's A Tramp" (Lady & the Tramp), and guitarist Kurt Rosen- winkel fills the first side with "Feed The Birds (Mary Poppins). The Bad Plus starts the second half with "Gaston" (Beauty & the Beast), pian- ist Alfredo Rodriguez offers up "The Bare Necessities" (The Jungle Book), teenager Nikki Yanofsky does a big job on "It's A Small World" (It's a Small World), Gilad Hekselman performs "Belle" (Beauty & the Beast), and Mark Rapp delivers "Circle of Life" from The Lion King. The many styles of jazz brought together by Disney! NOAH PREMINGER --- BEFORE THE RAIN Palmetto Noah Preminger is both a tenor saxophonist and com- poser, with the ability to relieve stress via the power- fully beautiful ballads on Befpre the Rain. Opening with the classic "Where Or When," trailed by Noah's solo gem on "Quickening," plus two compositions he penned -- "Before The Rain" and "Abreaction," a fine version of "Until The Real Thing Comes Along," and a pretty tune simply titled "K." Preminger with a now you hear me -- now you don't a~ 11~ f~t~lC{b ii1 ~lld OUt Oil "Toy Dance," along with the pensive "November," and puts the wraps on his fine album with the tender strains of "Jamie." A young artist, Noah delivers a mature, soothing sound! ECLIPSE: THE TWILIGHT SAGA -- SOUNDTRACK Chop Shop~Atlantic There's no question as to the success of "The Twilight Saga' films, and it now appears that there is great success on the film Eclipse's soundtrack. A total of fifteen biting tracks performed by top artists, both new and familiar. Take a taste of slices as, "Eclipse (All Yours)" from the group Metric, the hard driving "Neutron Star Collision" (Muse), "Ours" (The Bravery), "Heavy In Your Arms" (Florence + the Machine), "My Love" {Sis), "Atlas" (Fanfarlo), the hard- edged "Chop And Change" (The Black Keys), and hit the halfway mark with "Rolling In On A Burning Tire" from The Dead Weather. Back -- Disney and Jazz go to-" side haunters continue via gether like peaches and "Let's Get Lost" (Beck and cream. Contemporary jazz Bat for Lashes), "Jonathan ] stars and up-and-comers Low" (Vampire Weekend), J shine in the glow of memo- "With You In My Head" table Disney tunes being interpreted. Roy Hargrove (Unkle featuring the Black Angelg}, "A Million Mile An Hour" (Eastern Conference Champions), "Life On Earth" (Band of Horses), "What Part Of Forever" (Cee Lo Green} and 'Jacob's Theme" from Howard Shore. Sink your teeth into this soundtrack and it will surely enhance your listening pleasure, along with enlightening your tt d, fl,ght, ijrb es ."; opens with the title cut "Ev'rybody Wants To Be A Cat" from The Aristocrats; Esperanza Spalding with "Chim Chim Cher-Ee" (Mary Poppins), the legendary Dave Brubeck contributes "Some Day My Prince Will Come" (Snow White) and "Alice In Wonderlandr- (Alice ,In ,Won-, VISIT US AT WWW. BOSTON POSTG AZ ETT E.CO M derland), 9iblffi'igt':R6: inh'