I still think there's likely to be a battle over Zahra's remains. I personally believe she will be turned over to ED as AB had allegedly taken her illegally from Aus.
I would really need more information on the Australian-based Family Court's orders regarding Zahra, and the issuing of her Australian passport and VISA to the US before I would have any opinion on either of those points.
ED had, we are told in the media, surrendered "custody" of Zahra to AB when she was a baby, and while ED was suffering post-natal depression. Do we know if this was officially heard in the Family Court? Or were there private arrangements made through lawyers, or other arrangements made? I am not certain if this was done through legal means or not. The Family Court in Australia is the body with ultimate jurisdiction in this regard. I would welcome any confirmation of details on this.
I had a number of experiences in the Family Court around the late 1990s in the state of Victoria. From state-to-state I understand there are no differences in Family Law in Australia. At that time there was no such thing as "custody", instead they had a term "responsibility for day-to-day parenting". This did not give one parent complete power over the decision-making issues relating to the child, simply those relating to day-to-day care. Big issues such as "which school?" etc, had to be agreed upon by both parents. It is quite different to law in the USA, so you need to understand the word "custody" has no legal meaning in this case.
In Australia during that period, and until this day, there is little interest in the rights of the parents - the concern is for the children. The laws are driven by the view that a child has the right to know each of their parents. Parents have no rights to see their children ... it is the other way around! Irrespective of the circumstances, such as a parent being in jail, being an unsound parent, an abusive parent, etc, provision is still made for the child to know that parent - arrangements are made for such situations to have chaperones to accompany the children and ensure their safety at all times. This also occurs for interstate/overseas visits to parents.
If a person wishes to request access to their children, then all that's required is a visit to the Family Court. Legal Aid is available for those who do not have the money to pay for a private lawyer (it is means tested). Since the law upholds the right of the child to know their parents, such a case would support ED gaining access to her daughter. This is unless there was a previous order where she gave away all rights. Even in that case the court may reverse it if: 1) a psychologist's review with the child indicated that they want to know that other parent; or 2) on the basis of interest by the parent (which would be seen to benefit the child as it would get to know that parent).
Do we know if ED went to the Family Court of Australia requesting access to Zahra? If she failed to do so, then she did not take the logical, legal, appropriate and readily accessible action to rekindle the relationship. There are no obstacles if going through the Family Court. Australia's Freedom of Information Act ensures that people have access to information, so ED should have been able to locate Zahra at any time (unless there were Family Court Orders that prevented this!). The only other scenario is if the child is over 12 and refuses to continue the relationship with the parent, the Family Court will support this request ... but this is clearly irrelevant in the case of Zahra and ED.
With regards to the passport and VISA. You cannot leave Australia and gain entry to the USA without the correct and valid passport and VISA. These need to be arranged prior to leaving Australia. The passport can take months from application, to approval, and finally the supply (even if you pay the surcharge to gain priority passport release it can take weeks).
If a parent does not have the signature of the second biological parent/legal guardian on the application form for the child's passport, then it is necessary to fill in a second comprehensive form to explain the legal reason for the single parent's application. All signatures and witness signatures are investigated by the Passport office (witnesses are phoned to verify that they witnessed the second parent signing the form). It is REALLY strict.
I doubt Zahra would have already had a passport prior to her trip to the USA. Also children's passports are quite deliberately short duration. Is anyone aware if Zahra had any previous overseas holidays?
So, hopefully that explains: 1) why I'm not sure that ED would have any rights to Zahra's remains ... it's highly likely she would be returned to her grandmother's care for burial as this is the person who cared for her in Australia; and 2) I have serious doubts about there being anything illegal regarding her being taken from Australia to the USA.
