It's a mostly no-win situation when dealing with the cult. The authorities says the decisions lies with the courts. The courts take the position that all parties are going to tell the truth when they take the "under the penalty of perjury" oath. The fact that Scientology dismisses the courts as wog courts unworthy of their trust, especially in matters concerning the cult, and commit wholesale perjury all the time... is lost to our courts. The courts are left with deciding wholly on evidence they can see & read on their own.
Well at least in this case, that is probably because no one cares that a mother "misses" her son. Moms miss their sons when they go to summer camp, study abroad or join the Peace Corps or Armed Forces. It worries me that all this began over the mother's Facebook comment. If critics "cry wolf" (claim wrong-doing with no evidence of wrong-doing) too many times, authorities might pay even less attention. No one cares about sub-standard education either. Substandard education happens within the contexts of home schooling, some religious schools and some inner city public schools. Especially if the parents and kids don't disagree, no one cares. By "no one" I do not mean all the caring individuals in the world (like Smurf for example), I mean the collectives that actually have the power to do something (institutions, courts, bureaucracies etc.).
Perhaps the best question to ask in all this is whether or not a "Ministerial Exception" applies to children as it (apparently) does to adult workers in scientology. The Cadet Org still exists in CoS whether they still call it that or not. It's primary purpose is to extract maximum hours of work/labor from the children in its control.
The children are 100% controlled and run by the cadet org. If the parent is not in the Sea Org, the child's "legal guardian" has no actual role other than a signature on a piece of paper. If the parent is in the Sea Org, some cadets only see the parent for 1 or 2 hours per week (depending on where the parent is posted in the scientology apparatus). Some children who are handled to sign the billion year contract because their parent signed, feel betrayed and abandoned by the parent(s).
LRon says children are adults in little bodies, but in actual fact these child "adults" have NO RIGHTS and NO FREEDOM. Therefore they are less than children, they are slaves. They have no choices and no way out of their situation. One could argue that no harm is done if the kid is happy and "likes" their life. But what if the kid doesn't? This is when the abuse (imo) really begins, as the child goes through "handling". These parents negate and sacrifice their own child's freedom, future and safety for the "greatest good".
To the child, yeah they are being treated the same as the adults in terms of being made to work. The difference is, an adult can "route out" (though it is very difficult). A child cannot route out. This is why Laura DeCrescenzo felt she had to swallow bleach as her only way to escape her prison:http://infinitecomplacency.blogspot.com ... wsuit.html
So any such cases should focus on child labor laws only (imo). My rough guess is that "Ministerial Exception" does not apply to children. I don't see how children can become ministers (in a legal sense) until they are adults.
Therefore IMO, any true investigation into Sea Org treatment of children would turn up loads of violations. Therefore I wish you good luck Smurf.
PS. If they move the child, wouldn't they have to move the Legal Guardian as well in order to keep up the appearance that the LG does play a role in the child's life?
PPS. I have personal knowledge of a recruit cycle done fairly recently on an 11 year old. The child was coerced into signing a billion year contract unbeknownst to the parent and without the parent present, the child was very upset and consequently the parent was upset too.