Posts Tagged ‘Parental Abductions’


Source: Irishtimes

INTERNATIONAL PARENTAL child abduction cases involving almost 200 children were dealt with by the Department of Justice last year.

The department’s central authority for child abduction received 142 new applications last year, some involving more than one child.

This is the highest level of new cases since the authority was established almost 20 years ago and is two more cases than 2010.

Almost two-thirds (89) of the new cases concerned children being taken from the State to other countries.

Over two-thirds of these cases involved children taken from the State to the UK; 39 to England and Wales; 12 to Scotland; and 10 to Northern Ireland.

Eastern European countries accounted for more than a tenth of outgoing cases, most of these to Poland.

Children being taken to the State from the UK accounted for half of incoming abductions while Eastern European countries accounted for almost a third.

There were also 119 ongoing cases from previous years being dealt with by the department bringing the total to 261 applications.

Half of the incoming and outgoing abduction cases being dealt with were awaiting resolution.

Most of the cases were being dealt with under the Hague Convention with some under EU laws on child abduction.

The convention facilitates the return of children taken from one state to another against the wishes of a parent with custody rights.

Minister for Justice urged parents to take all steps to resolve differences. “Parental child abduction remains a constant problem. When family conflict occurs, it is important that estranged parents and spouses exhaust all their options to resolve differences and reach agreement in the best interests of the children involved,” he said.

Also read: 198 children here targeted in abductions

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Source: The Courier-Mail, June 14, 2011

RAISING AWARENESS: Ken Thompson cycled 6500km across Europe in a desperate bid to find his son. Picture: AP Source: AP

HUNDREDS of desperate mums and dads are fighting to have their kids returned to Australia amid the “silent epidemic” of international parental abduction. Three children are taken from our shores each week and the parents left behind face trauma, guilt and financial stress as they take on the emotional, complex and often futile task of having their children returned.

International help is available under the Hague Convention for the Civil Aspects of International Child Abduction. However, the process can be largely fruitless if the fleeing parent takes the child to an unco-operative country such as Brazil or Chile, or a country not yet party to the treaty such as Japan. Last year, 125 children were wrongfully removed from Australia to another Hague Convention country, with 74 returned. Another 29 were abducted to non-convention countries. These are the cases authorities know of, with family dispute experts saying the true number could be double official figures.

Attorney-General Robert McClelland told The Courier-Mail parental child abductions were “not uncommon”. “I think each and every MP who’s been here for a while would have seen an example in their electorate,” he said. The scale of the issue has been widely reflected in social media, with hundreds of Facebook pages and social networking campaigns dedicated to finding parentally abducted children.

The Courier-Mail has spoken to five parents – including four Queenslanders – who are fighting for their kids’ return. A Townsville-born dad, who lives in the US, has vowed to get his two-year-old son back from Brazil or “die trying” after his wife of seven years took their boy to Rio de Janeiro for a two-week holiday and never returned.

“Child abduction for the left-behind parent is like waterboarding,” he said. “The frustration, the worry, the missing each day of his life is all-consuming.” In separate cases spanning seven years, four fathers said their former Japanese spouses had abducted their kids after the Family Court granted the mothers permission to take the children to Japan for a holiday. George, from the Gold Coast, said he lived solely to see his two sons again after they were abducted to Japan in 2004. “To be honest, I even got so depressed for two years, I nearly killed myself,” he said. “The only thing (left-behind parents) can do is support each other.

No one’s helping us.” Daniel, from Sydney, said his former wife abducted their two-year-old son to Japan last year, after they separated, because she disagreed with Australian custody laws. “That was not how she wanted to live her life. It just didn’t fit into her plans,” he said. International Social Service Australia national services manager Helen Freris said the ratio of mums and dads abducting children was roughly equal. “The two main reasons given are a belief it’s the only way to protect a child and the other overarching category involves revenge towards the other parent,” she said.

Whatever the motive, child abduction had long-term psychological impacts on the child and left-behind parent. “It can impact the child’s sense of safety, security and stability in their living arrangements,” Ms Freris said. “There are also the economic implications … initiating legal proceedings in the country where the child has been taken can be costly,” she said. Former NSW deputy fire chief Ken Thompson said he had experienced shock, disbelief, anxiety, depression and uncertainty when his six-year-old son Andrew was abducted in 2008.

The Sydney father – who raised awareness of the issue by cycling 6500km across Europe in a desperate bid to find his son – said parental abduction was “incredibly cruel” to children, as well as left-behind parents. “It’s recognised as one of the most extreme forms of child abuse because you’ve taken that child away from everything … and in a lot of cases they lose contact with both sides (of the family) because the parent’s in hiding,” he said. “The number of people who are damaged by this phenomenon is just extraordinary. “It’s not just the left-behind parent. “It’s the other family members, friends, colleagues. “Not knowing where your child is has got to be the worst thing you can possibly experience.” To other left-behind parents, Mr Thompson said: “You’ve just got to keep focused on finding the child and working through whatever legal processes are available to have the child returned. “You’ve also got to raise public awareness to the plight of the child.”

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Source: The Courier-Mail June 13, 2011

NEW laws are being considered to stem the flow of children abducted from Australia by parents.

Three children are illegally taken overseas each week in a “silent epidemic” of parental abductions.

Parents left behind face trauma, guilt and financial stress as they take on the emotional, complex and often futile task of having their children returned.

The Family Law Council has advised Attorney-General Robert McClelland that keeping children overseas, beyond an agreed period, should be made a criminal offence that could attract a jail term.

Current legislation does not cover the situation where a parent takes a child overseas with the other parent’s consent, but then keeps the child abroad.Mr McClelland said the council’s submission “had some weight” and was under “serious consideration”.

 

He said failing to return a child could be an offence added to section 65 of the Act.

“A situation when a child is taken out of the country voluntarily, or with consent, for instance for a holiday or to visit overseas relatives and . . . is kept overseas that’s certainly an issue the Government is looking at,” he said. “We’ll be looking at what we’re doing with a bunch of family law amendments . . . including the violence amendments.”

The Council recommended the Family Law Act (1975) be amended to include wrongful retentions.

“Council also recommends that the Act be amended to . . . include parents who remove a child without the requisite consent or authority in circumstances where Family Dispute Resolution has been initiated, or an invitation to participate in Family Dispute Resolution has been received,” the advice said.

“International parental child abduction has serious implications for public policy, the welfare of children and access to justice.”

Mr McClelland urged parents worried about child abductions to act fast.

“We could do more work in promoting the preventative measures parents can take, such as getting their children on the airport watch list,” he said.

“The Family Court’s becoming a little more proactive. They will much more quickly hear applications for people to get their kids placed on the airport watch list. ”The first thing is (for parents) to think carefully before they give consent for a passport to be issued in a child’s name.”

Families torn apart: Meet the parents fighting to see their kids again, only in The Courier-Mail tomorrow  

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Source: The Courier-Mail  June 13, 2011

UNDER CONSIDERATION: Federal Attorney-General Robert McClelland says the Government is considering increasing penalties for parents who keep their children overseas for longer than an agreed period.

NEW laws are being considered to stem the flow of children abducted from Australia by parents.

Three children are illegally taken overseas each week in a “silent epidemic” of parental abductions.

Parents left behind face trauma, guilt and financial stress as they take on the emotional, complex and often futile task of having their children returned.

The Family Law Council has advised Attorney-General Robert McClelland that keeping children overseas, beyond an agreed period, should be made a criminal offence that could attract a jail term.

Current legislation does not cover the situation where a parent takes a child overseas with the other parent’s consent, but then keeps the child abroad.

Mr McClelland said the council’s submission “had some weight” and was under “serious consideration”.

He said failing to return a child could be an offence added to section 65 of the Act.

“A situation when a child is taken out of the country voluntarily, or with consent, for instance for a holiday or to visit overseas relatives and … is kept overseas that’s certainly an issue the Government is looking at,” he said. “We’ll be looking at what we’re doing with a bunch of family law amendments … including the violence amendments.”

The Council recommended the Family Law Act (1975) be amended to include wrongful retentions.

“Council also recommends that the Act be amended to … include parents who remove a child without the requisite consent or authority in circumstances where Family Dispute Resolution has been initiated, or an invitation to participate in Family Dispute Resolution has been received,” the advice said.

“International parental child abduction has serious implications for public policy, the welfare of children and access to justice.”

Mr McClelland urged parents worried about child abductions to act fast.

“We could do more work in promoting the preventative measures parents can take, such as getting their children on the airport watch list,” he said.

“The Family Court’s becoming a little more proactive. They will much more quickly hear applications for people to get their kids placed on the airport watch list …

“The first thing is (for parents) to think carefully before they give consent for a passport to be issued in a child’s name.

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Three out of every four children who are internationally abducted by one of their parents are never returned to the parent left behind.

Despite violating US custody laws, parents who manage to run away with their children across national borders often find it relatively easy to hide behind complicated international conventions and bureaucracy. The Japanese abduction cases highlighted in one of our previous blog posts provides an excellent example of just how difficult it can be to resolve international abduction cases. These discouraging facts emphasize how fortunate one father is after being recently reunited with his 5-year-old daughter who was taken to Europe by her mother 10 months ago.

The young girl and her mother were found by authorities in Germany, after the child’s father was alerted as to their whereabouts by an informant. The father had published information about his missing daughter on the Internet, which promoted a German citizen to recognize the child’s face and contact her father.

The 5-year-old’s mother violated the couple’s custody agreement last June, when she reportedly told the girl’s father that they were taking a vacation to Arizona. The father first became concerned when he found himself unable to contact his ex-spouse and the police started investigating the case after the mother sent an email confessing that she had taken their daughter “somewhere else.”

Fortunately, thanks to the informant’s tip, authorities were able to track down the mother-daughter pair and placed the child with a temporary German foster family while she waits to be extradited back to the US. The girl’s father described their reunion as an emotional, joyous event for both himself and his daughter.

The girl’s mother will face felony charges for breaking the family’s legal custody arrangement.

Source: KWGN, “Abducted Littleton girl, 5, found in Europe, mother faces charges.” Tammy Vigil, 12 April 2011

Published by: ABP World Group International Child Recovery Services

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Mexico is amongst the world’s most popular sources and destinations for international child abduction while also being widely regarded as having one of the least effective systems of protecting and returning internationally abducted children within its borders.

To help protect abducted children Mexico signed on to the United Nations Convention on the Rights of the Child in 1990, the Hague Convention on the Civil Aspects of International Child Abduction in 1991,[1] and the Inter-American Convention on the International Return of Children

Since adhering to the Hague Abduction Convention, the world’s most recognized and utilized instrument for addressing international child abduction, Mexico has been repeatedly criticized for enjoying the benefit of having its treaty partners protect Mexico’s own internationally abducted children, while being consistently non-compliant in fulfilling its reciprocal obligations to protect and return children abducted to Mexico. To date its procedures for enforcing its treaty obligations are unpredictable and entirely ineffective. The Centre for International Family Law Studies in Cardiff, Wales compared seven jurisdictions, including Mexico. The conclusion was that Mexico was by far the worst offender in its failure to return abducted children.

Merely because a country is a party to the Hague Convention does not mean that it will effectively enforce its treaty obligations. For example, the U.S. State Department has asserted that Mexico is “non-compliant” with the terms of the Convention. U.S State Department Report on Compliance with the Hague Convention on the Civil Aspects of International Child Abduction, 2004. Mexico’s noncompliance results from the following problems:

  • Mexico has not enacted any legislation to implement the Hague Convention, which has not been integrated into the Mexican legal system.
  • The Mexican Central Authority has no law enforcement powers and Mexican law enforcement agencies make no serious efforts to locate parentally abducted children.
  • The burden of finding an abducted child in Mexico is left entirely to the left-behind parent. Mexican authorities provide no effective help and if the child cannot be located, nothing happens.
  • There is an apparent lack of understanding of the Convention among the judiciary in Mexico.
  • The Mexican Central Authority does not have adequate resources to perform its functions under the Convention.
  • The “amparo” (a special appeal in Mexico claiming a violation of constitutional rights) is used by taking parents to block Hague proceedings indefinitely.
  • Mexican courts are able to reconsider the facts of a Hague at any stage of the proceeding, which allows proceedings to be prolonged substantially.

Accordingly, custody orders concerning parents with strong ties to Mexico must be drafted so as to minimize the risk that the child will be taken to that country. It would be reckless to permit a Mexican parent who has expressed a desire to move to Mexico, and who has strong family or business ties to Mexico, to take a child into that country for a visit, regardless of the conditions that may be imposed to encourage the parent to bring the child back to this country.

The State Department’s 2004 report establishes that similar concerns exist with respect to Austria, Colombia, Ecuador, Honduras, Mauritius, Turkey and Romania and, to a somewhat lesser extent, several other countries.

Published by: ABP World Group International Child Recovery Services

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By: Carma Haley 

An estimated 355,000 children are abducted from their homes each year, according to the National Center for Missing and Exploited Children (NCMEC). These children can go days, weeks, months or even years with no contact from anyone except their abductor. And many of these children are not taken by strangers: They are abducted by their own parents.

There are some who claim kidnapping their own children is the only option they have, but what about the other parent — and what about the child?



Mark Samrodan, spokesman for NCMEC, says parental kidnapping is the practice of a noncustodial parent taking a child from the custodial parent from one state to another without court permission or in violation of court orders obtained through a divorce or custody hearing. The practice of parental kidnapping is forbidden by both federal and state laws in the absence of a provable emergency situation and can result in the noncustodial parent being charged with felony kidnapping. But often this threat does not stop parental kidnapping from occurring.

Who Kidnaps?

Research completed by the National Incidence Studies of Missing, Abducted, Runaway and Thrown-away Children (NISMART), which was founded by the United States Department of Justice’s Office of Juvenile Justice and Delinquency Prevention, states there are many reasons parents may resort to abducting their children. These reasons include using a child as a “pawn” in contentious divorce proceedings, as an extension of battering, to control their spouse or ex-spouse by depriving them of custody or visitation of the child, or to protect the child from abuse. 

“My husband and I obtained legal custody of our granddaughter when it was determined that her mom was unable to take care of her,” says Shirley Sunderland, from Altoona, Pa. “When the baby was 3 months old I was working at the local hospital and often had difficulty finding a sitter for the evening shift. [My daughter] offered to take care of her for that one night. When I got home, the baby was gone and so were some of her belongings. I got a cold feeling in the pit of my stomach and then realized that the baby had been kidnapped by her own mother.”

The Missing Children’s Registry of Ottawa, Ontario, Canada has developed an overall profile of parental abductions. The profile was constructed to assist those whose child has been abducted by a parent and includes facts such as:

  • Either parent, mother or father, will abduct his or her own child.
  • Mothers tend to abduct children after a court order is completed while fathers do so before the court order.
  • Mothers who abduct their children will keep the children for a longer period of time then fathers who abduct.
  • The “average” age range for parents who abduct their child is 28 to 40 years of age.
  • The fathers who abduct their children are likely to have employment while the mothers who abduct are more likely to be unemployed.
  • The majority of children who are abducted by their own parent but kept within the United States are between 3 and 7 years of age, but children who are taken out of the country tend to be 8 years of age or older.
  • Both male and female children are abducted equally.
  • The majority of children abducted by their own parent are done so from the home and not from areas such as a babysitters, daycare or schoolyard.
  • The abductor, both mother and father, typically makes contact within 48 hours of abducting the child to inform the searcing parent of the child’s well being.
The Other Side of the Coin

The typical reasons are not the only reasons a parent may feel they have no alternative but to kidnap their own child. Many believe the justification of parental abduction go beyond any of the reasons listed above as well as beyond the courtroom.”Dispelling typical myths that parents who kidnap their own child are doing so to get even with society and/or hurt their ex-spouse has proven quite difficult,” says Bonnie Russell, advocate for parental abduction prevention and former victim of a parental kidnapping from Solana Beach, Calif. “While some cases of parental abduction are due to this, it is more the exception then the rule. Other reasons include abuse, neglect, endangerment, unjust hearings or simple injustices. Until the underlying reason parents resort to kidnapping is addressed, no one will understand the subject.”

Some parents feel they have been treated inappropriately before, during or after a custody battle and this treatment played a role in losing custody of their children. For some of these parents, taking their child was their only option.

“My husband physically abused me for years,” says Carolyn Hawkins, a mother of two originally from Medina, Ohio. “And even though I reported him to the police numerous times, had a medical record as thick as a dictionay and had left him twice before, he was awarded custody of my children because he had more money and could hire a lawyer where mine was court appointed. The abuse I suffered led me into a depression and that was used against me in court. What else could I do but get my kids away from him?”

Alternatives to Kidnapping

Many services are available to help in the event of a situation that may be dangerous or harmful to a child. Social service departments, health departments and area chapters of Child Abuse Prevention agencies or even a school counselor can all help a parent who fears for their child’s welfare and safety.

In the event of a disputed divorce or custody order, a parent can move up the chain of command to find assistance or to have additional evidence heard, Samrodan says. If a parent is not in a financial situation to afford an attorney, local chapters of Legal Aid or free legal assistance can be found through social service offices.

“There is always something else that should be tried or attempted before a parent resorts to kidnapping their child,” says Samrodan. “Whether a local, state or federal organization, if a parent truly feels they need assistance, then they can and will find it — all they need to do is ask.”

If a parent suspects the noncustodial parent may abduct their child, they should file an order with the court to investigate a possible parental kidnapping which can assist them in getting a visitation order held until the threat has passed. In the event of a continued threat or possible attempts to abduct the child, the custodial parent should file an order with the court to have the noncustodial parent’s visitation revised to prevent an abduction from taking place, Samrodan says.

“It only takes a few minutes and a little bit of effort to et help when a parent fears their child may or will be abducted by their noncustodial parent,” says Samrodan. “If they need assistance, anyone at the courthouse would be happy to help — again, all that needs to be done is to ask.”

The Effects on the Child

Recent research conducted by NISMART states children endure adverse consequences from being abducted. Besides emotional turmoil, children may suffer from inadequate schooling, poor nutrition, unstable lifestyles and neglect. Some are abandoned, only to be discovered living in foster homes. In the most egregious cases, children suffer long-term harm that may leave them scarred for life. The belief that a child is safe with a parent lessens the chance of aggressive investigation by law enforcement, NISMART states. Yet one study reported 49 percent of abductors have previously established criminal histories and 75 percent of abducting fathers have a history of violent behavior.

After the child is located, researchers suggest that the police encourage both the parent and the child to receive a psychological and physical evaluation.

While Samrodan says parents may feel there is no other alternative, parental kidnapping only adds to the problems. He says parents can often avoid the situation if they are willing to work together and through the courts to find what the best schedule or routine that offers the child time with both parents.

“The system is not perfect and may not always offer the perfect solution the first time around,” says Samrodan. “But taking a child away from what they know as home; what they know as friends; and what they know as stability can and will only add to the hurt and trauma of all those involved. There are other ways and there are people to help you find them. Think before you take your child.”

Published by: ABP World Group International Child Recovery Services

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