International Parental Child Abduction – Japan’s Child Kidnapping Problem

May 20, 2013

Source: thedailybeast

Dozens of American children are abducted to Japan every year—not by strangers, but by parents after messy divorces. As Nathalie-Kyoko Stucky and Jake Adelstein report, divorce laws protective of Japanese nationals encourage such illegal abductions.

Japan has a child-kidnapping problem. It’s not strangers snatching the kids on the playground or at the bus stop; the problem is that when a Japanese national divorces a foreigner overseas, he or she can abduct their children and bring them back to Japan, and the law ensures that the parent left behind has no rights to see the children or take them back home. The U.S. State Department reports that there have been over 100 such kidnappings since 1994, but according to a source, the number is closer to 400. Within Japan itself, divorce often means that one parent may have little or no access to the child. Japan’s inability to deal with child abduction partly stems from archaic family law in Japan that does not recognize joint custody. It’s a winner-take-all system. The law makes it almost impossible for the other parent to even meet the child, if the Japanese partner objects.

Mika Chiba, at a meeting on the Hague Convention held at the Japanese Diet on March 12, showing pictures of her abducted son. (Nathalie Stucky)

“Once the child is on Japanese soil, if the foreign parent tries to take them back to their home country, we have to treat him or her as a kidnapper—unless the Japanese courts have clearly given them custody,” a police officer from Tokyo told us. “Most of the time, we imagine the Japanese parent is shielding the child from domestic abuse or a poor living environment. Maybe sometimes the foreign parent is actually trying to rescue his or her child from an abusive Japanese household, but we can’t make that judgment. The non-Japanese trying to take back their child is the criminal in most cases. The law is the law.”

After 30 years of international pressure, Japan’s National Diet is expected to endorse the Hague Convention on the Civil Aspects of International Child Abduction this month and approve necessary legislation possibly by the end of the year. At present, 89 countries are members of the Hague abduction convention, which went into effect in 1983. Japan is the only G8 country that is not a member.

If the Diet ratifies the treaty by the end of May, as predicted, it would extend custody rights to non-Japanese parents whose children have been taken to Japan by their former spouses. After ratification, the Japanese government will have to take steps to ensure that the treaty is actually upheld. Under the convention, the parents of abductees will have a legal framework to request their children be returned. However, the convention prohibits returning children to the country of residence if they face grave danger, including domestic violence. Questions remain as to the burden of proof that will be required for Japanese nationals who refuse to return the children, using allegations of “grave danger.”

The U.S. State Department has been conducting surveys on the number of abducted American children since 1994. The numbers are difficult to assess because not all parents report abductions to the authorities. Victims of child abduction are hard to track officially, because Japan and many countries do not consider it a vital statistic. Also, child abduction by a parent is not considered a crime in Japan once the family court grants the sole custody to one parent. However, some researchers have been keeping track of the numbers by gathering information from town-hall meetings and correspondence with the families of the abducted. According to one knowledgeable source, between 1994 and 2012, there were 278 cases involving 386 American children taken back to Japan.

“There are no official numbers,” explained Yuichi Mayama, a member of the Diet. “Even we lawmakers, when we tried to ask the government for the exact number of cases, got no real answer. The answer we got was that probably after the Hague Convention comes into effect, it may be possible to track the numbers.”

“Simply because a marriage breaks down, that does not necessarily imply that the children should lose one of their parental relations,” said John Gomez, chairman of the recently founded nonprofit organization Kizuna Child-Parent Reunion. He notes that many pediatricians and child-care experts assert that children thrive when they have relationships with both of their parents, even after the marriage is over. But there is a concept in Japanese society that after a divorce, it is natural for one parent to give up the right to raise the child. Article 766 of Japan’s Civil Code states that a family court should decide who will have custody over a child. The extent of visitation and other means of contact between the child and their parents are also made by the court. There is no joint custody in Japan.

Experts estimate that each year close to 150,000 divorced parents in Japan lose contact with their children. Some choose to do this; most have no say in the matter. While it’s obvious that international divorce in Japan is often an ugly affair that splits children from their parents, it should also be noted that domestic divorce cases are often as bad.

Takao Tanase, a lawyer who is a law professor at Chuo University in Tokyo, notes that Japan does have a criminal clause declaring child abduction a crime, and cases of domestic abduction are not unknown. “However, the first abduction is usually not treated as a crime,” he said. “After a parental dispute, once the de facto custodian is designated by the Japanese family court, the left-behind Japanese parent can be arrested by the police if he or she tries to take back the child from the custodian parent.”

In September 2009, Christopher Savoie, an American-born, naturalized Japanese father, was arrested for allegedly abducting his son and daughter from his ex-wife, who had taken them to Japan illegally. Noriko Savoie had been granted custody on the condition that she permanently reside in Tennessee, but she violated the court order when she took the children to her native Japan. A month later, Christopher Savoie was thrown in jail in Japan on child-abduction charges when he tried to take the children back to the U.S. The case brought global attention to Japan’s failure to endorse the Hague Convention.

There is no joint custody in Japan.

When Japanese Prime Minister Shinzo Abe visited President Obama in February, he reportedly promised that Japan would join the convention on child abductions. “From the perspective of children, there is an increasing number of international marriages and divorces,” Abe told reporters. “We believe it is important to have international rules.”

Joining the Hague Convention will not immediately affect divorced Japanese couples, but it may play a significant role in the transformation of Japanese society and family law.

“We recognize that even if the Hague Convention is ratified, we will have to make many changes in our domestic laws to be consistent” with the convention, councilor Mayama said in a press conference held last week. “At least the Japanese government recognizes these problems. We Japanese have a very traditional view of the family system. It may take time for these changes. We are working on the necessary legislation. Japan will try to make a change in the domestic laws by March of 2014.”

When international marriages break up, Japanese courts almost never grant custody to foreign parents, especially fathers. However, Japanese parents can also come out on the wrong side of the law.

Mika Chiba, 42, works as an accountant. Japanese doctors diagnosed her with schizophrenia in early 2010, and she lost the custody of her two sons, Thomas, 10, and Jonathan, 5, when she entered a mental hospital for a nine-month stay. Just before she returned from her hospitalization, her husband took their children to Manchester, and she followed him there and took him to court.

The U.K. court, citing the Hague Convention, ruled in April 2011 that Chiba’s husband had illegally abducted their two children, and therefore the family should return to Japan to decide the custody of the children in a Japanese court. The family arrived in Japan two months later, and the custody battle is currently being fought. But because there is no joint custody in Japan, and because of her nine-month absence when she was hospitalized, the children have been placed with their father, and Chiba lost visitation rights after she quarreled with her husband in July 2011. She hasn’t spent time alone with her children since then.

“I think the Japanese laws should be changed to discourage abduction and allow joint custody,” Chiba said. “If both parents could look after their kids after divorce, then there would be less abduction or maybe none. I think this is the problem in the Japanese law.”

In early February, we followed a French-speaking national, who asked not to be identified, when he visited Japan hoping to meet with his daughter. He does not have custody of his child, nor did the Japanese courts grant him visitation rights.

He went to her home, but was told by his former mother-in-law that she wasn’t there. He then tried to visit her at her school the next day. He asked the school’s principal if he could give her a waterproof camera he had bought for his daughter as a birthday present. “Sir, in Japan, the child has no right to choose if she can see her [noncustodial] parent, after a divorce,” the principal said. “If I handed this present to your daughter without the consent of your ex-wife, I could be in trouble” with the police. He waited for seven hours near the school before going back to the airport and was not able to speak with his daughter or even catch a glimpse of her.

“I don’t want to fight the Japanese authorities, because it will not help me see my daughter. I cannot win their confidence if I do the bad things,” he said. “I hope my daughter will not forget her father and, when she will become an adult, she will try to find me, because she will look for her other cultural roots.”

He hopes that the ratification of the Hague Convention may spur changes in domestic law that will allow him to have some role in raising his daughter. But his hope may be misplaced.

“I think that it will be difficult to convince the hardheaded lawmakers” to fully honor the convention,” said Tsuyoshi Shiina, another Diet member. “They believe it is a matter of ‘cultural conflict.’”

Prof. Takao Tanase also believes that Japan will ratify the convention, but not fully implement it. “Japan fundamentally supports current family-law practices. That’s why there is a strong discrepancy between the domestic law and the international standards, and that will impact negatively upon the implementation of the convention in good faith,” he said. “If the Hague Convention is ratified, and foreign nations recognize that Japan really does not comply with it, there should be a lot of pressure and criticism from the international community. I am hoping that it is the international pressure that is going to push Japan into really implementing the convention.”

It seems certain that Japan will finally sign the Hague Convention, but the implementation of it may take a very long time. Parents waiting in legal limbo to be with their children hope that it will not take another 30 years.

Nathalie-Kyoko Stucky is a freelance journalist in Tokyo. She was an assistant correspondent for the Japanese news agency Jiji Press in Geneva, and has contributed to the book Reconstructing 3/11, and is the chief editor at Japan Subculture Research Center.

Jake Adelstein has been an investigative journalist in Japan since 1993. Considered one of the foremost experts on organized crime in Japan, he works as a writer and consultant in Japan and the United States. He is also an advisor to NPO Polaris Project Japan, which combats human trafficking and the exploitation of women and children in the sex trade. He is the author of Tokyo Vice: An American Reporter on the Police Beat in Japan (Vintage) and the forthcomingThe Last Yakuza: A Life In The Japanese Underworld.

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Historic child abduction: Patricia O’Byrne sentenced to house arrest

April 5, 2013

Source: the star.com

A woman who abducted her baby daughter and kept her from the father for 18 years avoids jail because of “unique circumstances” — and the dad’s request.

 

Patricia O’Byrne leaves College Park court after being sentenced to house arrest for abducting her child and keeping her away from the father for 18 years.

A woman who pleaded guilty to abducting her 20-month-old daughter and keeping her away from the girl’s father for 18 years has been sentenced to two years less a day of house arrest.

Patricia O’Byrne will serve her time, less 48 days of credit for pre-trial custody, at her home in Victoria, B.C., followed by two years’ probation.

Normally, parents abducting their children should get “real jail” to denounce their conduct and deter others, Justice Mara Greene said at College Park provincial court Tuesday.

“However, the case at bar has some unique mitigating factors,” the judge added.

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“Ms O’Byrne acted in a way that she thought was in the best interest of her child. She was frantic and fearful for her child’s safety when she was not with her. These thoughts ultimately led her to abduct her child.”

Secondly, there is a clear link between the abuse she suffered as a child and the initial commission of the offence, Greene said.

“I appreciate that this does not explain why Ms O’Byrne kept (her daughter) away from her father for 18 years. At some point, the abduction became less about Ms O’Byrne’s concern for the safety of her child and more about protecting herself from detection and prosecution.”

But the judge noted that O’Byrne has pleaded guilty and taken full responsibility.

In addition, O’Byrne’s daughter and father, Joe Chisholm, wrote statements that said jailing her will only exacerbate the harm already done.

Neither father nor daughter was in court for the sentencing.

O’Byrne, 55, refused to speak to reporters as she left.

But her lawyer, Julianna Greenspan, said the former Toronto woman is grateful for the judge’s decision.

The 21-year-old daughter, who cannot be identified, is also thankful her mother is spared jail, Greenspan said.

Daughter and father are developing a relationship, Greenspan added. “There is a hope for rebuilding and moving forward.”

Crown prosecutor Michael Callaghan had sought a sentence of 15 to 18 months in jail, followed by probation. He had no comment afterward.

O’Byrne mistrusted men because of the sexual abuse she suffered as a child and physical abuse she witnessed her mother experience, the judge noted.

“She was convinced, albeit wrongly, that Mr. Chisholm was putting her daughter at risk by using male babysitters,” Greene said.

Under a May 10, 1993, settlement, the daughter was to primarily live with O’Byrne, but Chisholm was granted access. But within weeks, O’Byrne and their daughter disappeared.

Over the years, Chisholm worked tirelessly to locate his girl, registering her with Child Find. Police issued a Canada-wide warrant for O’Byrne’s arrest.

Mother and daughter lived in Ireland for a time, moving to B.C. 10 years ago. There O’Byrne worked for the government and did volunteer work.

“Ms O’Byrne appears to have led a productive life and been a wonderful mother. I hesitate to refer to her existence as pro-social, however, as she spent the past 18 years living under a false identity and continued to be in breach of a court order.”

On Oct. 4, 2011, police got an anonymous tip she was living in Victoria under an assumed name. They arrested her on Dec. 1, 2011.

Chisholm’s victim impact statement showed tremendous strength, compassion and kindness, Greene said.

“What is equally obvious from his statement is the extreme pain he has endured over the past 18 years, all as a result of Ms O’Byrne’s conduct.”

Chisholm said in an interview before the sentencing that, whatever the outcome, he doesn’t harbour ill feelings for O’Byrne.

“I see it as impossible to love your child and hate her parent,” he said. “I hope everyone comes out of this in the best possible way.”

In an earlier written statement for the judge, O’Byrne said she was never motivated by a desire to hurt the father or his family.

Related:

Abducted girl ‘upset,’ friend says

Bail for B.C. mom accused of kidnapping infant from Toronto

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Child abduction by parent

April 1, 2013

Source: europa.eu

If your child has been wrongfully taken by your former partner to another EU country (without your authorisation or in breach of court decisions in the EU country where you and the child live), you can launch legal proceedings to have the child returned.

Central authorities Available languages responsible for international child abductions can help you take the necessary steps.

Once the proceedings are launched in the country to which the child was taken, the courts there will order the child to be returned - provided that all legal requirements are met.

Possible exceptions

• if the child might be in danger in the country where they lived before the abduction
• if the child is old enough to declare that they do not want to return.

In theory both you and your child should be given the opportunity to be heard by the court during the proceedings.

You cannot reverse a decision on custody by abducting a child and having a court in a different EU country make a different custody ruling.

If you want to try to reverse a custody decision, you must go to court in the country where the decision was taken.

Exceptions

These rules do not apply to Denmark or the EEA countries (Iceland, Liechtenstein, Norway and Switzerland).

Instead, Denmark, Iceland, Norway, and Switzerland are parties to the 1980 Hague Convention on Child Abduction Available languages and abduction cases involving them are treated under this convention or other international agreements.

Sample story

Making sure custody rights are respected

Irena and Vincenzo lived in Italy for 14 years, but are now going through a divorce,. In 2007, an Italian court granted Vincenzo custody of their daughter Alessandra and ordered her to be placed provisionally in a children’s home in Pisa. On the same day, Irena left Italy for Slovenia with her daughter.

A Slovenian court recognised the Italian court order and launched the procedure to return Alessandra to her father, but Irena opposed this decision.

Citing the best interests of the child, the Slovenian court granted Irena provisional custody of Alessandra, on the grounds that placing her in a children’s home in Italy could cause irreversible trauma. Also, Alessandra had expressed her desire to remain with her mother during the court proceedings in Slovenia.

Vincenzo appealed the Slovenian court’s decision and won. Alessandra was returned to Italy.

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There are no safe havens for parental child abductors

March 14 2013

To abduct a child, and remove him from his loving family and home is an egoistic and criminal act.  You can be sure that when your ex spouse hires ABP World Group, we will find you wherever you might be hiding. No matter where you go, or where you hide -we have the knowledge and capacity to track you down and recover the abducted child.

-ABP World Group is one of the world’s leading child and adult abduction recovery experts, and has participated remarkably in over 200 child-parent reunifications alone.

-ABP World Group has been assisting left behind parents, and recovering abducted children for more than 12 years.

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“After all my years of experience as Worldwide Medical Director for the worlds largest medical assistance company, I found only ABP World capable of providing the unique service of non-violent recovery of  an abducted child. It is very difficult to find a company like ABP World that can provide the experience, honesty, integrity, and assets to actually recover an abducted child safely and at a reasonable cost. I hold ABP World in highest regard and recommend them whole heartedly. The world is simply a better place because of the work they do”. 

Tragically International Child Abduction has reached global epidemic proportions.  According to leading experts the increase in inter-racial marriages and relationships  will, in the future, lead to a significant rise in the number of children born to parents of different nationalities

As is true for all relationships, a statistically significant number of these marriages or partnerships will also end in divorce. All too often, following the breakup of a marriage, one of the parents will abduct a child of that relationship against the wishes of the other parent,  frequently removing them to a country where the child has probably never lived. This is called “International Parental Child Abduction”.  Although there are various civil remedies available to parents of abducted children, the challenges they face are enormous, including first and foremost, locating  the child.

Unfortunately for the majority of targeted parents, the financial burden involved in recovery and litigation falls upon their shoulders. With tens of thousands of children abducted by parents each year, the reality is that too many of these children never come home.  ABP World Group is dedicated to assisting those parents who need help in locating, rescuing, and returning  their abducted child home safely.

Our intelligence and investigative capabilities combined with our ability to dispatch personnel to most locations in the world offer a safe and strategic solution to protecting what is most important to you, your child.

Unfortunately in this present climate parental kidnapping occurs all too frequently and we are here to help you through this extremely traumatic period.

We are aware that parental child abduction can be difficult to resolve, but through the use of professional operatives with the skills and expertise necessary to find a resolution. We are here to help you.

ABP World Group’s successful recovery and re-unification strategies rely on the use of all the means available  including, but not limited to:

. Electronic Forensic Foot printing Investigations

. Intelligence Gathering

. Information Specialists/Skip Tracing

. Evidence Procurement

. Interview/Evaluation

. Surveillance Special Ops

. Non-Combatant Evacuation Ops

. Domestic Support

. International Operations

. Maritime/Land/Air transport

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Dads doubt Tokyo’s commitment to child abduction treaty

March 7, 2013

Source: dw.de

Tokyo is inching closer to signing the Hague Convention on the Civil Aspects of International Child Abduction, but foreign parents who have not seen their children for years have little faith the treaty will help them.

In the last 18 years, Walter Benda has only managed to see his two daughters once. That was for a few moments on a street in a Japanese town in 1998 after a private investigator managed to track down the girls and their mother.

His Japanese wife spirited the girls away to Japan after seeing him off to work in Virginia, USA, one morning and rebuffed all his efforts to make contact with them. And as soon as he did find them again, they vanished once more.

Benda’s case is far from unusual. Critics of the Japanese judicial system accuse it of abetting Japanese nationals who want to leave their foreign spouse abroad and prevent them from staying in touch as the children grow up. And as Japan is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, Japanese courts set the rules on access.

The situation is largely about foreigners living abroad with their Japanese partners who return to Japan, but the issue also affects foreign nationals who marry Japanese and opt to live in Japan. Unsurprisingly, foreign parents have been given short shrift in legal efforts to see their children in Japan. An estimated 20,000 children are born to mixed-nationality couples here every year.

Currently, Washington is dealing with 47 cases of US children being abducted to Japan, 30 cases involve Canadian citizens and British officials admit to dealing with around 10 cases.

Promises from Tokyo

The US is investigating nearly 50 cases of abductions to Japan

When Prime Minister Shinzo Abe met with US President Barack Obama during his recent trip to Washington, the issue came up. The Japanese leader promised that politicians in Tokyo would soon sign the Hague Convention into law, bringing the country into line with 89 other signatory states.

Of the Group of Eight nations, Japan is the only one not to have signed the agreement. But even if Tokyo does sign the pact, foreign parents do not believe that Japanese courts will be even-handed.

“I believe it is quite possible Japan will sign it this year, but I feel it will just be window dressing, as is the case with the United Nations Convention on the Rights of the Child that Japan ratified in its entirety in 1994,” said Benda, the joint founder of the Japan chapter of the US-based Children’s Rights Council (CRC). “That agreement provides for regular, direct contact between children and both parents, but Japan does not honor it.

“I’m not very optimistic. I believe Japan is doing this more for symbolic reasons to satisfy its foreign allies rather than out of sincere concern about children’s rights.”

Benda’s experience with Japan’s appalling track record on child abduction dates back to July 21, 1995.

A normal farewell

“I had no clue that this was going to happen,” he explained. “It was the first day of school vacation, so the children were still at home when I left for work in the morning.

“I remember hugging both my daughters at the front door of our house before I left. When I returned home that evening, I immediately sensed something was wrong when I noticed that the children’s bicycles, which were normally parked in front of the house, were gone, and their shoes, and their mother’s shoes, were all gone.

“As I walked into the house I noticed a lot of the furniture, paintings and appliances were gone as well,” he said. “There was a note from my wife, along with a business card for an attorney, on the dining room table. In the note, my wife asked me to forgive her for leaving me.”

Talking to Japanese friends, however, he felt confident that he would be seeing his children soon and that the system would handle the situation in a similar way as is done in the US.

He was quickly to come face-to-face with the rules of parental abduction in Japan. Even though he remained legally married and shared equal custody of the children, it took Benda three-and-a-half years to even find out where they were living as none of the Japanese authorities would help locate them or provide information about their health or school situations.

He approached the local police, the Tokyo Metropolitan Police, the local city office, the health and welfare ministry, schools and education officials, the US Embassy, INTERPOL and various other organizations set up to assist foreigners in Japan. None were willing or able to help and he was forced to approach authorities in the US to have his children registered as missing and have an international arrest warrant issued against his wife for kidnapping.

No visits with daughters

“I have pursued custody and visitation rights through the Japanese courts twice now, each time appealing my case all the way to the Japanese Supreme Court,” said Benda. “I have never been granted a single scheduled visit with my daughters.”

Foreign fathers are often powerless in finding their children

In the US, the Justice Department has indicted his former wife under the International Parental Kidnapping Act as the girls are US citizens being retained overseas. The Japanese government, however, refuses to recognize the charge and will not take any action on the extradition request.

“I feel very angry and misled by the Japanese legal system,” he explained. “The Japanese Constitution guarantees the husband and wife equal rights in family matters and the Japanese have signed international treaties which guarantee children regular direct access with both parents.

“The reality is, the Japanese courts thumb their noses at these legal obligations.”

At the root of the problem, CRC of Japan believes, is that Japanese judges do not have very strong enforcement authority in family law cases. That means that even if the abducting parent is ordered by the court to ensure the other biological parent has access to the child, the court is essentially powerless if that arrangement is not adhered to. In other jurisdictions, if a parent is ordered to allow visitation and refuses to do so, that person can be charged with contempt of court and be imprisoned.

Pressure on Japan

CRC believes it is only the cumulative effect of international publicity and increased public awareness that have led the US and other foreign governments to put pressure on Japan.

In many ways, CRC Japan co-founder Brian Thomas admits, he and Benda are relatively lucky as they have at least sufficient financial resources to contest the legal cases through the courts and devote time to supporting other parents in similar situations. The majority of international marriages in Japan are between Japanese men and foreign women from other Asian nations. When those relationships hit the rocks, the women have fewer resources to fight for their right to see their children.

Parental abduction not only affects international marriages. Because there is no equivalent organization to fight for the rights of parents, CRC of Japan has several cases on its books of Japanese couples seeking access to their children as well.

Thomas moved to Japan from South Wales in 1988, two years after meeting his wife Mikako. Their son, Graham Hajime, was born in January 1990, but Thomas has not been permitted to see him since April 1993. He carries his son’s photo with him at all times.

And he is not optimistic that Japan signing the agreement will bring about meaningful change for him or other parents in his predicament.

“I hope that Japan can change for the better, for the sake of its own people, and I would like to be optimistic,” he said. “But history does not lend itself to optimism when dealing with Japanese matters of this nature.”

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Abe tells Obama Japan will join child abduction treaty

February 23, 2013

Source: Japan Today

WASHINGTON —

Japanese Prime Minister Shinzo Abe told U.S. President Barack Obama on Friday that Tokyo would join a treaty on child abductions, addressing a major concern for lawmakers in Washington.

Japan is the only member of the Group of Eight major industrialized nations that has not signed the 1980 Hague Convention, which requires nations to return snatched children to the countries where they usually reside.

“From the perspective of children, there is an increasing number of international marriages, meaning that there will be some cases where marriages will break down. Therefore we believe it is important to have international rules,” Abe told reporters after talks with Obama.

“We will make efforts in the Diet so that the Convention can be approved. I delivered this message to the president,” Abe told reporters after his meeting with Obama.

However, Abe did not set a timeframe. The previous DPJ government also said it wanted to enter the treaty but did not move ratification through the Diet.

Unlike Western nations, Japan does not recognize joint custody and courts almost always order that children of divorcees live with their mothers.

Hundreds of parents, mostly men, from the United States and elsewhere have been left without any recourse after their estranged partners take their half-Japanese children back to the country.

U.S. lawmakers have repeatedly demanded action from Japan on child abductions, one of the few open disputes between the close allies.

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Child Abduction: Cases Rise By 88%, Foreign Office Warn Parents ‘May Never Have Child Returned’

February 21, 2013

Source: Huffington Post

British families whose children are abducted abroad by one parent or other family members are being warned they may never get their child back, with the number of children going missing having almost doubled

New figures reveal that the number of parental child abduction cases dealt with by the Foreign Office has risen by 88% in just under a decade.

Adam Jones and his mother Rebecca, who says he has been held in Qatar since 2009

Many of the cases have been high-profile stories, including British 13-year-old Adam Jones, apparently held in Qatar by his late father’s family. His mother Rebecca Jones said she had been trying to bring him home since 2009.

Another mother, Leila Sabra has organised protests in Westminster to raise awareness of the case of her five-year-old daughter A’ishah, who is in Egypt after her dad allegedly failed to return her after a routine custody visit in 2009.

An investigation into the trend by The Huffington Post UK, found that in the UK it is estimated more than 140,000 children go missing every year, one every three minutes.

The statistic was calculated by the Child Exploitation and Online Protection centre, which includes teenage runaways, parental abductions and kidnappings.

In the new stats released on Wednesday, last year alone the Foreign Office’s Child Abduction Section fielded an average of four calls per day to its specialist advice line, more than half of which were new cases.

Cases were worked on in 84 different countries, showing just how widespread the problem has become.

The Foreign Office also warned that they often have little power to intervene in foreign cases.

Estelle Clayton, who went missing for six weeks after she was taken abroad by her father, back home with her mother, Aneta, is one of thousands who go missing each year

In the report, it states: “The research we commissioned shows that half the UK population believes the government can intervene to order the return of a child to the UK if he or she has been abducted by a parent.

“The reality is that whilst help is available, parental child abduction cases can take years to resolve. This has significant impact on those concerned and there is the strong possibility that the child may never be returned.

“It is also much harder to return a child from a country that has not signed the 1980 Hague Convention, an international agreement between certain countries which aims to ensure the return of a child who has been abducted by a parent.”

The research also shows that 24% of those polled said they did not think it was a crime for a parent to take their child overseas, and three-quarters believed it was fathers who were more likely to abduct a child. In reality, 70% of the time, it is mothers who take their children.

SEE ALSO

Why British Law Means Parents May Be Powerless To Get Their Children Back

Adam Jones, 13, ‘Kidnapped In Qatar’ And Desperate To Come Home, Says Mother Rebecca

The UK’s Missing Children Conundrum (BLOG)

Children in a Legal Vacuum: International Child Abduction (BLOG)

The UK government also warned that the parents, not the state, would bear the costs of fighting the case in foreign courts.

Daisy Organ, head of the Foreign Office Child Abduction Section said: “The increase in parental child abduction cases is a major cause for concern, particularly in the lead up to the school holidays; we know that before or during school holidays is one of the most common times for a child to be abducted.”

Alison Shalaby, Chief Executive of child abduction charity Reunite, said in response to the report: “It is important to remember that parental child abduction is not faith or country specific. 71% of the UK public thought that parents most commonly abduct their children to the Middle East, India and Pakistan but it can happen to anyone, from any background.

“Countries where children are abducted to can range from Australia, to France, to Thailand.”

Shalaby, whose own daughter was abducted by her father and taken to Egypt, said: “We have seen a 20% increase in calls made to our helpline in the first half of 2012 compared to 2011 and a 67% increase in the number of children who have been abducted by a parent to a non-Hague country between 2001 and 2011.

“This issue is not going away and with a 47% increase in the number of child abduction cases Reunite has worked on between 2001 and 2011, we are urging parents to think twice before they abduct their child or seek help if they think their child is at risk.”

She told The Huffington Post UK in August: ”There is a misconception that the government can do something about it. But they have no power to dictate to a foreign country, to tell them to adopt the Hague Convention.”

Tanya Roberts, partner in family law at Charles Russell LLP, told The Huffington Post UK the statistics were not “much of a surprise. Firstly, that abductions are on the increase – this may well be due to the level of international marriages in more recent years.

“Secondly, that some people are unaware that what they are doing constitutes an abduction, like mothers taking their children back to the mother’s “home”; and thirdly that mothers are more likely to be the abducting parent than fathers.

“The press on the whole concentrates on the extreme abduction cases, often by fathers but they are much rarer than the perception.

“The statistics support that, with 70% of abductions by mothers, again this is often the “going home” scenario.”

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Abducted to Greece: Mom battles to rescue son held in Greece by father

February 18 2013

Source: usatoday

Father ignores legally binding divorce decree when he doesn’t send son back to U.S. after a 2011 visit.

Alissa Zagaris hopes an international arrest warrant filed against her ex-husband will allow her to get her son Leo, 12, back home from Greece, where he allegedly has been held against his will since August 2011.

INDIANAPOLIS — In June 2011 Alissa Zagaris drove her then-10-year-old son, Leo, from their home in Noblesville, Ind., to Chicago and put him on a plane for Greece — just as she had done four times before.

It was a long-distance visitation arrangement set forth by the couple’s divorce agreement struck in a Hamilton County, Ind., court. Leo would fly over, spend some time with his father, Nikolaos Zagaris, then fly back.

No big deal.

STORY: N.J. father, son adjusting after Brazil abduction drama

STORY: Documentation for traveling in Europe with children

But on this fifth journey, things went wrong when Leo, now 12, did not come home. His father kept him in Greece — despite the legally binding divorce decree that awarded Alissa custody.

Leo soon would become embroiled in a protracted and messy bureaucratic morass that would involve two nations, the FBI, Interpol, the State Department, international treaties, courts on two continents and one angry and heartbroken mom.

Unlike so many other incidents when one parent keeps a child away from the other, this was not a custody case. This was an international abduction. This, authorities ultimately concluded, was kidnapping.

Nevertheless, prodding authorities in Athens, Washington and Indianapolis to take up her case has been a long, frustrating journey for Zagaris. In December, in a Greek court, Zagaris finally got the chance to tell her side of the story — and she was reunited with her son for a brief, supervised visit.

When she saw Leo for the first time in 19 months, all her fears and anxieties — stemming from his recent comments about hating America — melted away.

“My little boy jumped in my arms,” Zagaris said. “He is this tall on me now (holding a hand up to her shoulder) and he lunged at me and held my hand the whole time. ”We sat together on the couch and I just rubbed his skin. His skin is fine like mine. I always rub his back. And look into his eyes.”

The Dec. 13, 2012, visit lasted for about 45 tense minutes as Nickolaos and his mother watched.

‘Left behind moms’ unite

Many of the more than 350 or so friends and followers of Zagaris’ two Facebook pages — her personal page and one she set up to publicize her son’s kidnapping — call themselves “left behind moms” or “left behind parents.”

They are the husbands and wives who fight the same battles Zagaris has fought during the past 19 months.

According to the Bring Sean Home Foundation, founded in 2009 as a support group and resource hub, more than 4,700 American children were abducted outside the United States between 2008 and 2010 by a parent or guardian,

Getting them back is rarely quick and never easy. Zagaris found that out in the fall of 2011 when it became clear to her that her ex-husband had no intention of sending Leo home.

She contacted the U.S. State Department, office of Consular Affairs, and reported what had happened. They urged her to file an application with the Hague Convention on the Civil Aspects of International Child Abduction — a necessary step in any case that spans international borders.

The Hague Convention, designed to make the process work more smoothly, is contingent on both countries agreeing to its terms — which provide a framework for communicating the facts of a case and agreeing to abide by the laws of both countries.

In other words they need to get along, which can be a sticky situation depending on the state of world affairs.

“Sometimes they cooperate in getting a child back to the country,” said Wendy Osborne, a spokeswoman for the FBI in Indianapolis. “But some countries don’t play by the rules.”

Osborne declined to comment on Zagaris’ case — an agent in Indianapolis is heavily involved and filed the affidavit that led to charges being filed by the U.S. District Court.

But Osborne said the FBI is involved in hundreds of cases like this across the country.

“At one time I was working on six myself, involving Mexico, Syria, other countries, all at the same time,” Osborne said. “And these are very difficult cases because they are so emotional.”

According to the Bring Sean Home Foundation, children abducted abroad are often traumatized, losing contact with a parent and finding themselves in unfamiliar surroundings, forced to live in a country where they may not know the language or the culture.

Leo, does not speak Greek, Zagaris said. And despite assurances that he would be enrolled in an English-speaking school, she suspects that has never happened. Experts also say abducted children are often told lies about the other parent or guardian and the country from which they came.

Love, marriage, violence

A younger “Nick” and Alissa met in 2000 when he was a weekend waiter at a Greek restaurant, and she, a nutritionist and caterer by trade, was a manager. One thing led to another.

“It was mainly a physical relationship,” she said. “I had no intention of getting serious. But then, lo and behold, I’m pregnant.”

Attempts to reach Nickolaos Zagaris through his attorney for this story were unsuccessful.

Alissa said Nickolaos, a Greek citizen, was looking for a way to stay in America. He had come to the U.S. on a student visa and studied at the University of Indianapolis. But that visa had expired.

Not long after their wedding in July 2000, Leo was born. Zagaris said things changed once the pressures of parental responsibility set in.

“Nick changed,” she said. “Before that it was just me and him. The day Leo was born, everything changed.” As the baby grew, Zagaris said, Nick grew physically abusive toward her. In 2008, Nick was arrested and charged in Hamilton County with domestic battery and felony strangulation. Before he would stand trial on those charges, he fled to Greece.

Zagaris filed and was granted a divorce (without her husband present) in Hamilton County. The court granted custody of Leo to his mom. Despite the charges pending against him, the court allowed for a clause in the divorce decree that not only gave Nick visitation rights, but guaranteed visits to Greece.

In exchange, Nick Zagaris would maintain child support payments and put $5,000 into an account controlled by his attorney as a sort of “insurance clause” that he would have to give to his ex-wife should he ever fail to return Leo in a timely fashion.

According to the State Department, Zagaris was lucky her ex-husband had not taken their son to a non-compliant nation such as Costa Rica, Guatemala, Argentina, Brazil, Mexico, France or Poland — countries on the State Department’s “enforcement concerns” list when it comes to child issues.

Greece, however, is known as a country that works well with other countries.

She had other facts in her favor. Nick was not only a fugitive from a felony charge in Hamilton County, he was violating a court-ordered divorce agreement that specifically gave her custody.

The Greek courts set a hearing date for April 6, 2012.

During the delay, Zagaris also filed charges against Nick in Hamilton County, based on the violation of the custodial agreement. Hamilton County issued a warrant for his arrest.

She wrote a letter to Secretary of State Hillary Clinton, pleading for the White House to do something to help.

Not much happened.

“I used to be a very clear, organized thinker,” Zagaris said. “But I’ve lost my mind.

“There is a very high suicide rate with our kind. It’s very hard. We have to fight through every obstacle, every hurdle just to get our cases taken seriously.

“It’s like our children are wrapped up in this diplomatic nightmare.”

The State Department spokesman told The Indianapolis Star on Friday that it is working as quickly as it can.

“The Department of State is aware of the Zagaris case and is providing all appropriate assistance,” the spokesman said. “We will continue to monitor the case and the welfare of the child through close coordination with the U.S. Embassy in Athens and the Greek Central Authority for the Hague Abduction Convention.”

A final dagger?

With two legal victories in Greek courts, Zagaris was counting the days when she could bring her son back.

But on Jan. 9, the State Department sent Zagaris an email saying that the Greek Central Authority told U.S. officials that because of “recent judicial strikes” in Greece a final and formal decision could take up to two years to be published.

After that, her ex-husband would have 30 days to file yet another appeal, with the Greek supreme court, the email said. Another appeal would mean another long delay.

However, the State Department told her that it was working with Greek officials who seem to be willing to move forward with returning Leo to Indiana despite any future appeal … “and will be in touch as soon as the situation is clarified.”

Zagaris was stunned.

“It’s just back and forth, back and forth,” she said. “I’m frustrated. I’ve won the right twice now from Greece. I’ve got the acknowledgments from the courts.

“It’s been 19 months.”

While all this was happening, Zagaris said she received an angry phone call from her ex-husband. According to an FBI affidavit, Nick Zagaris threatened to “take (him) to the United Arab Emirates” — a nation not part of the Hague Convention.

Not long after that call, an FBI special agent filed the paperwork and U.S. Magistrate Judge Tim Baker signed the formal federal charges against Nikolaos Zagaris for international parental kidnapping.

Those charges have been filed with Interpol, the international police community comprising 190 countries, including Greece. Greek authorities now (or soon) will have the authority to simply arrest him on those charges.

But now all Zagaris can do is wait for the words that will finally end a mother’s nightmare.

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The Most Dangerous Kidnappers: Parents

January 28, 2013

Source: Abcnews

Despite what seems to have been a rash of children abducted by strangers last year, there aren’t any more than normal, and vastly greater numbers of children are kidnapped by their own parents and relatives — and those cases rarely generate headlines.

Stranger abductions make up the smallest percentage of children reported missing every year. The National Center for Missing and Exploited Children believes that stranger abductions are decreasing overall and projects that there will be approximately 100 of these kind of cases by the end of this year.

According to statistics cited by the NCMEC, most missing children are abducted by relatives or parents: a soon-to-be released report, the Second National Incidence Studies of Missing, Abducted, Runaway, and Thrownaway Children, referred to as NISMART-2, finds that 203,900 kids were abducted in 1999 by family members or parents. Approximately, 58,200 were “non-family” abductions — only 115 were defined as the frightening kidnappings by strangers.

Parental kidnappings do not spark media attention — and the sense of urgency from law enforcement officials — that the disappearance of 14-year-old Elizabeth Smart, the kidnapping and slaying of 5-year-old Samantha Runnion and this month’s abduction and rescue of two California teenagers attracted.

Experts say there is a perception among the public and law enforcement that children kidnapped by their parents are not endangered. After all, figures from the Department of Justice’s Office of Juvenile and Delinquency Prevention show that only 4 percent of children abducted by their parents are physically harmed.

“I think there’s a perception with people that, ‘Oh, since they’re with a parent no harm will come to the child,’” said Nancy Hammer, director of the International Division of the National Center for Missing and Exploited Children. “And also since it involves two parents and family, it seems to be a messy situation. It doesn’t seem as black and white as if a child was abducted by a stranger. It’s taken a while, but progress has been made in making these abductions crimes, felonies. But they can lack the sense of urgency in the public and law enforcement reserved for other cases.”

A Very Lucky Recovery

Tracy and Robert Morse had to fight those perceptions when their children were abducted. In December 1996, three of Robert Morse’s children from a previous marriage were kidnapped by their biological, non-custodial mother when they got off the bus at school.

“There’s this perception in the public and among law enforcement, that when children are abducted by their parents that they’re safe, and that just isn’t true,” said Tracy Morse, co-founder of American Parental Abductions Resource & Support Organization — APART for short. “These children are separated from everything they know and love, they are forced to live a life of a fugitive, constantly on the run, separated from their identity and their schooling interrupted and often told their left behind parents don’t care about them.

“When my husband’s children were kidnapped by his ex-wife, she pulled up at school and made a big scene at school and everything,” Morse continued. “People who saw her take the children, they just thought, ‘Oh, it’s a domestic thing. We shouldn’t interfere.’”

Tracy and Robert Morse spent more than more than two years trying to find their children and only got a break in their search when the children’s mother remarried and sparked the suspicion of her new in-laws and their relatives. One of her new husband’s relatives went on the Web site for the National Center for Missing and Exploited Children, saw the faces of the three children and contacted NCMEC officials. The children were recovered and reunited with the Morses in March 1999.

“The kids were a mess, in really bad shape,” said Tracy Morse. “But we were very, very lucky.”

Following their children’s recovery, the Morses founded APART to give parents a resource to both prepare themselves and their children for family abductions and give them guidance as to what to do during those situations. “Left Behind” parents spent so much time trying to figure out what to do when their children are abducted by an ex-spouse or family member, valuable time is wasted. Abductor parents easily flee amid the confusion and shock.

A Mother’s Desperate 28-Year Quest

One woman who wishes she had the Morses’ good luck and perhaps could have benefited from APART when her son was abducted is Marianne Malky.

Malky, founder of Voice for the Children, a Florida-based organization that helps locate and recover missing children, has been searching for her son David for 28 years. Malky said David, then 7 years old, was taken by his non-custodial father, Stephan Shipenberg, during a court-ordered weekend visit in 1974. Shipenberg, she said, called her and told her that she would never see David again.

Malky, who lived in New Jersey at the time, went to Shipenberg’s job at American Airlines in New York City and was told he had quit. She found out he had moved from his Manhattan apartment and ultimately tracked him and David at a new address as they drove away in a station wagon. As she pounded on the car window, that was the last time she saw her son.

Since then, Malky has had little progress in finding David, and she said she has received little help from law enforcement. She was so anxious to get her son back and track him down that she did not file a missing person’s report in New Jersey when he was first abducted. When she tried to file one year later, she was told too much time had passed.

“There isn’t any finding your kids unless you do everything yourself. You basically have to do everything,” Malky said. “No one [from law enforcement] really wants to get involved. ‘It’s too complicated,’ they say. ‘It’s a domestic problem.’ You’re told you need custody papers or you need to go to an attorney to get custodial papers, but what you need are [private] investigators. Custody papers don’t find missing children; investigators do.”

At one time, she said, she received a tip that David was attending grammar school under another last name “Kaplan” and contacted officials. However, by the time she made it to the school, administrators had contacted Shipenberg and he had retrieved David. She has learned that her son attended middle school and high school in Oyster Bay, N.Y., but she says the schools refused to give her access to his records. She also learned that he was in the Navy, but officials would not release any records because of privacy laws.

“In the United States, it’s very difficult to find them [abducted children and abductor parents] because they change their name,” Malky said. “It’s very difficult if you don’t know what their name is.”

Frustration of ‘Left Behind’ Parents

Malky said she has received tips and help from people who believe they have spotted Shipenberg and David over the years. However, she said her quest has cost her hundreds of thousands of dollars and frustrated — experiences commonly shared “left behind” parents.

“You end up broke and physically and emotionally drained,” Malky said. “But I was — am still — determined.”

And lack of resources is an obstacle for parents in family abduction cases. Not everyone has the money to hire private investigators and communication firms to print fliers for their missing children. Often, as time passes and money dwindles, parents are forced to accept that they may never see their children again.

“Unless you really keep the pressure on police, really harass them, you won’t get the updates that you want on your case, and it’ll fall on the bottom of the pile,” said Morse. “You have to turn to private investigators but not everyone has those kind of resources.”

Malky said she never saw David’s abduction coming. His father never made any previous threats, and they had civil discussions about the custody and visitation arrangements.

“I didn’t see this coming. Usually they tell you that they’re going to take your child. I was never told,” said Malky. “But I tell you, all these cases are premeditated. They know where they’re going to go, where they’re going to hide.”

• Family Abduction Safeguards and Warning Signs? Read Below

AMBER Needed for Parental Abductions

New wireless child safety tracking devices have been developed that enable parents to trace the whereabouts of their children. The lightweight devices integrate digital technology from the Department of Defense’s Global Positioning System satellites to pinpoint children’s locations, and many child advocates believe they could prevent child abductions or at least help recover kidnapped children.

Still, more needs to be done. Experts say parental abduction victims need a program similar to the AMBER alert system, which was credited with helping law enforcement officials to rescue two California teenagers approximately 12 hours after they were abducted at gunpoint, and save an infant abducted from an Abilene, Texas, parking lot last week. Parental abductees have little, if any chance, of being considered for the AMBER alert system because the children’s lives are not considered endangered in most cases.

“The AMBER alert system is great, and they need to develop one for family abductions,” said Morse.

More may also need to be done in the courts when parents are trying to reach an agreement on visitation and custodial rights. Sometimes the early signs of a family abduction manifest during legal negotiations.

“The first instance or signs that people may abduct their children are likely seen in court,” said Hammer. “Maybe if more court officials are trained to pay more attention to certain risk factors, they can identify which child may be at risk and take action and fully inform parents what they face, what will happen if they do abduct their child.”

Child advocates also argue that there should be more severe punishment for parental child abductors — or at least they should be prosecuted to the law’s fullest extent. Stephen Fagan pleaded guilty in 1999 to kidnapping his two daughters, telling them their mother was dead and living under an assumed name for 20 years. He avoided jail time by agreeing to a deal that gave him five years’ probation, a $100,000 fine and 2,000 hours of community service.

Barry and Judith Smiley kidnapped a baby after an attempted adoption of the infant was ruled invalid, and they lived for 22 years under an assumed name, raising the boy they called Matthew Propp as their own son. They avoided trial and possibly 25 years by agreeing to plead guilty to second-degree kidnapping in June. Barry Smiley received a two-to-six-year sentence while his wife Judith was sentenced to a six-month prison term and five years’ probation.

These plea deals, child advocates argue, make would-be parental abductors believe that they would not be risking anything if they kidnapped their children.

White House Weighing In

Many left-behind parents have complained that custody orders have not been readily enforceable when they locate a missing child. Often, they have had to hire two attorneys — one for each state — if the abducting parent has traveled to another state. As the filings go through the court system, the abducting parent may flee the state again without a trace, leaving the wronged parent back where they started, not knowing the whereabouts of a missing child.

According to the Department of Justice, California is the only state that requires district attorneys to take whatever civil remedies and criminal prosecutorial measures necessary to locate and recover children abducted by family members and to enforce child custody orders. In July 1997, the National Council of Commissioners of Uniform State Laws approved the Uniform Child-Custody Jurisdiction and Enforcement Act, which contains a similar mandate. As of February 2001, 21 states had enacted UCCJEA, and it had been introduced to the legislatures in 10 other states.

Some change may begin with attention from the White House. President Bush has announced the White House would hold a first-ever conference on missing, exploited and runaway children in September. Held in conjunction with the Department of Justice’s Office of Juvenile and Delinquency Prevention, the conference will focus on the prevention of child victimization, improving law enforcement policies for handling crimes against children, stranger abductions, and domestic and international parental kidnapping, among other topics.

‘Never an End’

Despite the time that has passed, and the fact that her son is now approaching his mid-30s, Marianne Malky is willing to do whatever it takes to find him. She said she plans to file lawsuits against the schools she suspects David has attended to force them to release his records.

If Malky finds her son, there is a possibility that he will not accept her. It happened to Barbara Kurth, the ex-wife of Stephen Fagan, when authorities tracked him down and prosecuted him for kidnapping. Even after learning that that their mother was not dead and that their father had lied to them for 20 years, Kurth’s daughters stayed by Fagan’s side. Afterwards, Fagan said he abducted the daughters because Kurth was neglecting them and abused alcohol, a claim she denied.

Still, knowing this, Malky remains determined.

“I know he has been told that I don’t care about him, that I don’t love him, but I’m not giving up,” Malky said. “Hopefully, I will win. … The feeling that I and many parents of children who have been abducted is not unlike those whose children have been killed, except that we never have an end. There’s never an end until you find your child.”

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United States – Parental Child Abduction Statistics 2012

January 25, 2013

Source: U.S State Dept.

Unreported cases of abduction are forecasted to be between 100% and 125% of reported cases. These cases continue to increase due to a flux of immigration migration and both documented (legal) and undocumented (illegal) residents not being aware that they can turn to their government for assistance.

2012 Outgoing case statistics

2012 Incoming case statistics

2011 Outgoing case statistics

2011 Incoming case statistics 

2010 Outgoing case statistics

2010 Incoming case statistics

2012 report on compliance with the 1980 Hague convention on the civil aspects of international child abduction

United Kingdom: 

New figures reveal that the number of parental child abduction cases dealt with by the Foreign Office has risen by 88% in under a decade.

In the last year alone the Foreign Office’s Child Abduction Section fielded an average of four calls per day to its specialist advice line, more than half of which were new cases .

The Foreign Office says that that the statistics could be just the tip of the iceberg because many cases go unreported as parents seek custody of their children through foreign courts.

Research commissioned by the Foreign Office shows that half the UK population believes the government can intervene to order the return of a child to the UK if he or she has been abducted by a parent. However, the reality is that whilst help is available, parental child abduction cases can take years to resolve.

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