Custody Agreement and Visitation Violations – Warnings of Parental Kidnapping?


Source: child custody

This is the third time this month that your ex-spouse shows up late to return your child after visitation.

-Maybe it is the second time he or she asks your permission for the child to spend the night over, three hours after the child was supposed to be returned. While some of these behaviors are typical of a normal parent child relationship, they could also be signs of an imminent child abduction attempt by your ex-spouse.

The study “Issues in Resolving Cases of International Child Abduction by Parents” conducted by the United States Department of Justice’s Office of Juvenile Justice and Delinquency Prevention (OJJDP) in 1998, revealed many interesting findings regarding the wrongful practice of parents kidnapping their children after losing a custody fight. Parental kidnapping – also known as parental or child abduction- is the act of removing and retaining a child in violation of a custody and visitation order.

The child can be removed from his or her habitual residence to another state or even another country. In any case, it is a serious issue. Child abductions are penalized by civil and criminal laws. In the civil context, the abductor’s parental rights will almost certainly be terminated. He or she might also face criminal charges leading to incarceration.

Nearly one half of the reported abductions in this study revealed that the kidnapping occurred during a court-ordered visitation in which the child was never returned.

Parental kidnapping is not very often the case of a sudden or spur of the moment decision. A long and methodic planning usually precedes every kidnapping. You might be able to tell that your ex-spouse is planning something devious if you see some of these signs:

Visitations are regularly prolonged by the non-custodial parent.

The non-custodial parent fails to follow up with the visitation order.

The non-custodial parent starts to show a deep and constant need to be closer to the child.

The relationship with the child becomes the center of the non-custodial parent’s life.

The non-custodial parent starts putting money away for his or her plan.

The non-custodial parent shows up at school and doctors’ offices to request copies of your child’s records.

The non-custodial parent starts studying a foreign language, or travels to another state or country, in which he or she had family or used to live years ago.

You start to notice that your child is withdrawing from you.

The study conducted by the OJJDP showed that younger children were the preferred victims of abductor parents, perhaps because they can offer less resistance. Another interesting finding of this study was that in the cases in which the child was recovered, the period of separation lasted less than one year. Thus, the sooner you report the abduction to local enforcement agencies, the more likely your child will return home promptly. After more than 5 years, recovery is highly improbable and not favored by the courts.

You can prevent your child’s abduction. You must be tough with your ex-spouse when he or she shows up regularly late to return your child. One thing you must do is to warn him or her that the violations of the visitation plan will not be tolerated, and that next time you are going to notify the courts. If you won your child’s custody over a high conflict divorce proceeding, you should always keep records of your ex-spouse’s employment, driver’s license, auto tag number, address and some of his or her friends‘ names and phone numbers, if possible. This will help authorities as they attempt to search and locate your child.

Get more information about custody agreements and find how how to create your perfect child visitation schedule.

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


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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International child abduction to Mexico


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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Parental Abduction – When Parents Kidnap Their Own


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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