Henter sine bortførte børn på Færøerne


Kilde: Aalborgnyt

Jesper Dahlin kom i juli 2010 hjem til et tomt hus. Moderen havde taget børnene med til Færøerne. Nu glæder han sig bare til at få sine to drenge hjem igen. 

Jesper Dahlin drager til Færøerne i håb om at få sine børn med hjem.

Om godt en uge skal det vise sig, om Jesper Dahlins to drenge på fire og 12 år kommer hjem til Danmark igen. For halvandet år siden tog deres mor dem med til Færøerne uden faderens samtykke, og først næste fredag får Jesper Dahlin svar på, om børnene kan komme med ham tilbage til Aalborg.

– Jeg er langt om længe blevet indkaldt til den forældreegnethedsundersøgelse, som de færøske myndigheder kræver, jeg skal gennemgå. Nu er det bare at tage derop og gøre mit bedste, siger Jesper Dahlin.

Han er gået med til undersøgelsen, selvom det i realiteten ikke burde være nødvendigt.

Har forældremyndigheden

I august sidste år fik Jesper Dahlin tilkendt fuld forældremyndighed over begge sine børn. Men en regelkollision mellem de færøske og danske lovgivninger har gjort, at sagen er trukket i langdrag.

– Vi aftalte i første omgang, at undersøgelsen skulle være foretaget i september, men så er det bare blevet udsat og udsat flere gange, siger Jesper Dahlin.

Senest var han blevet lovet, at han kunne tage til Færøerne sidst i januar. Men det blev udsat.

Moderen tog drengene

Sagen begyndte helt tilbage i sommeren 2010, da Jesper Dahlins tidligere kone tog børnene med til Færøerne. Fire måneder efter blev de tvangsfjernet fra hende og anbragt hos den plejefamilie, de bor hos den dag i dag. Et forløb, som Jesper Dahlin har klaget over, men ikke kunne gøre noget for at dæmme op for.

– Når først børnene er tvangsfjernet, går et helt apparat i gang for at sikre, at børnenes tarv er tilgodeset. Det er også fint nok. Det har bare taget de færøske myndigheder alt for lang tid, siger Jesper Dahlin.

Hele næste uge skal han og børnene undersøges af en psykolog, og hans samvær med børnene skal overvåges og derefter evalueres.

Fredag ved han, om han kan tage børnene med tilbage til Danmark.

Hvis han ikke får børnene med hjem i denne omgang, skal de blive hos plejefamilien i yderligere tre måneder. Hvad der så skal ske, er endnu uklart.

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NOTE: We are always available 24/7

U.S Phone Number: (646) 502-7443

UK Phone Number: 020 3239 0013 –

Or you can call our 24h Emergency phone number: +47 45504271

Bortförda Barn: Fler barn förs bort från Sverige


Source: SvD

Fler barn förs bort utomlands av en förälder. Och UD tror att utvecklingen kommer att fortsätta.

Fler barn förs bort utomlands av en förälder. För fem år sedan var antalet ärenden där barn förts bort 72, i fjol var motsvarande siffra 108 och hittills i år ligger den redan på 110, rapporterar Sveriges Radios Ekot.

Just nu arbetar utrikesdepartementet (UD) med 120 öppna ärenden gällande bortförda barn de senaste åren.

Den uppåtgående trenden beror enligt UD till stor del på att vi reser och flyttar allt mer mellan olika länder och bildar familj över gränserna.

UD bedömer att utvecklingen med fler bortförda barn kommer att fortsätta.

– Antalet bortförda barn har ökat ganska tydligt sedan 2004. Det är i dag vanligare med familjebildningar över gränserna och vi ser tydligt att det slår igenom i utvecklingen över ärendena, säger Anders Jörle, presschef på utrikesdepartementet.

Det finns också ett mörkertal.

– Hur stort det är vågar vi inte ha någon uppfattning om, säger Jörle.

Oftast är det mamman som för bort sitt barn – det gäller i sex av tio fall, enligt UD.

Det är mycket vanligare att fall klaras upp om barnet förts till ett land som tillämpar Haagkonventionen. Då brukar 85 procent av barnen kunna återföras. För länder som inte är bundna av konventionen är siffran 30 procent.

– Då gäller det landets lagstiftning och vi får söka diplomatiska vägar att gå fram. Det kan vara komplicerat i länder med en mer patriarkal lagstiftning som ger mannen all rätt, säger Anders Jörle.

Han framhåller också att alla uppklarade fall inte är lyckliga.

– Att det blir uppklarat betyder att fallet får en juridisk lösning i enlighet med konventionen, som tar sin utgångspunkt i hur barnet mår. Det är ett betydande problem att utredningarna drar ut på tiden. Då kan bedömningen av barnets väl ändras under tidens gång.

Oftast försvinner barn då den ena föräldern tagit med dem på semester till hemlandet. Men barn kan också rövas bort från skolan eller helt enkelt inte återlämnas efter umgänge. Det säger Ia Sweger, advokat som företräder många föräldrar som har fått sina barn bortförda.

– Ofta sker det i ett läge där föräldern känner på sig att den ska förlora vårdnadstvisten och tar lagen i egna händer, säger Ia Sweger.

Bortförandet vittnar om en stark misstro mellan föräldrarna.

– Många gånger är det en djupgående konflikt med anklagelser om både det ena och det andra. Folk förlorar helt omdömet om vad som är bäst för barnet.

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INTERNATIONAL PARENTAL ABDUCTIONS A GROWING PROBLEM


Source:Weinman & Associates

Of the 1,500 children who were victims of international parental abductions in 2010, less than 600 were recovered and brought back to the United States. The State Department estimates one-third of those children were taken to Mexico by way of border states like Texas.

The government reports a startling number of children abducted by their parents in the last decade – nearly 7,000 between 2000 and 2009. Many of the children are taken during scheduled non-custodial parent visitations and whisked away to a foreign-born parent’s native homeland.

On September 1, Texas will enact a new law making child abductions a state felony, but lawmakers and watchdog groups say it is still too easy for absconding parents with children to get away. Border officials have no nationwide child custody database and airlines are too time-crunched to check passengers carefully.

One former criminal prosecutor and judge said if a child is not intercepted before leaving the country, the chances for the child’s return to the U.S. become slim.

Mexico is one of more than 70 countries that have agreed to abide by Hague Convention’s child abduction rules, insisting that children who are illegally relocated out of a country be returned to their homes. However, legal professionals say international courts get bogged down or distracted by internal conflicts, like the drug war in Mexico, and put child custody matters aside.

Parents caught running with children to a foreign land in violation of custody rules can be imprisoned for three years. Congressional leaders have introduced the International Child Abduction Prevention and Return Act, which could potentially threaten various forms of U.S. assistance to countries that have poor records of helping to retrieve abducted children. Hopefully the government will be able to come up with an effective way to locate and return abducted children to the United States.

We can bring them home

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What happens if your ex abducts your child?


By STEWART M. POWELL HOUSTON CHRONICLE  – July 4, 2011, 7:19AM

International parental abductions are on the rise, and many of the children never return

WASHINGTON — For nine gut-wrenching years, Texan Greg Allen has been trying to track down his daughter after her mother absconded to Mexico with the 4-year-old during a rare unsupervised visit after the couple’s contentious divorce.

“When it first happened, I was unable to function,” recalls Allen, 42, an electrical engineer and sonar expert doing doctoral research at the University of Texas’ applied research laboratories in Austin. “I went from being a single parent whose whole life revolved around raising my daughter to being a left-behind parent whose purpose in life was gone.”

Last year, at least 1,500 children were unlawfully taken to foreign countries by a parent who had been living in the United States, including children who were taken even while a parent was serving in the U.S. armed forces in Iraq or Afghanistan. Only 578 abducted children were returned to the United States.

Many of the children – roughly one-third – ended up in Mexico because of the parent’s ties to extended family or Mexico’s proximity.

International parental abductions are “sharply on the rise,” cautions the State Department’s top official on the issue, Ambassador Susan Jacobs. “When an international border is involved, an already tragic situation for the children and left-behind parents is infinitely compounded.”

Congress’ investigative Government Accountability Office has documented at least 6,966 cases of international parental abduction over the decade ending in 2009, most by foreign-born parents returning to their country of birth.

Yet, as Allen learned only too late, chronic ambiguities routinely enable parents to abduct their children and get away with it. Local police rarely take missing child reports arising from custody disputes. Customs and Border Protection agents do not check departing parents or children at airports or border crossings. Fully half of left-behind parents surveyed by the American Bar Association, for example, said ex-partners abducted their children during routine court-approved visits.

No national database

Federal authorities do not maintain a national database of child custody orders from local courts that might help suspicious immigration officers determine the status of a departing child.

Even if the paperwork were available, international airlines routinely have no more than 30 minutes to match a passenger manifest against a missing child report or a court order barring departure.

Abducting parents can face up to three years in prison for taking their child to a foreign country “with the intent to obstruct a parent’s custodial rights.”

A Texas law taking effect Sept. 1 makes the abduction a state felony, as well.

“The reality is, once an abducting parent gets a kid to the departure gate, they’re gone,” says Rep. Ted Poe, R-Humble, a former criminal court judge and prosecutor who has been working for more than five years to help Houston resident Marty Pate recover his daughter Nicole from Brazil. “Once a child leaves the United States, it’s very, very difficult to get them back.”

Allen miraculously spied his daughter Sabrina in Mexico City in 2003 and subsequently visited her school to talk with her teacher. But the girl and her mother, Dara Marie Llorens, fled and have not been seen since.

Even in the 71 nations such as Mexico that have signed the 1980 Hague Convention on child abduction, local court proceedings can drag on. The accord is designed to speed repatriation of abducted children under the age of 16 to their “country of habitual residence” to resume court-ordered child custody arrangements.

But court proceedings often get sidetracked, particularly in Mexican states engulfed by the drug wars such as San Luis Potosí and Tamaulipas.

“We have judges who are afraid to do anything,” says attorney Pamela Brown of Texas Rio Grande Legal Aid in Weslaco, who handles about 20 international child abduction cases a year to and from Mexico. “Judges are terrified that the taking parent might have ties to the cartels so they won’t step in.”

Adds Allen: “With a civil war going on down there, child abduction is just not a high priority.”

Read the rest of the article here: http://www.chron.com/disp/story.mpl/chronicle/7638140.html#ixzz1R96U7CM5

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Dads warned to look out for signs of parental child abduction


30 JUNE 2011 – Fatherhoodinstitute.org

Dads are being advised on how to prevent their children’s mothers abducting them and taking them abroad.

According to a new Government campaign,  every other day a British child is abducted by a parent to a country which has not signed the 1980 Hague Convention on international parental child abduction*.

The latest figures represent a ten per cent increase in new cases handled by the Foreign and Commonwealth Office in 2010/2011 and have been released to mark the launch of the FCO’s child abduction prevention campaign.

Evidence shows that many cases occur around school holidays when a parent refuses to return a child following a visit to the parent’s home country. In most cases these abductions are perpetrated by mothers.

Last year the FCO handled cases in 97 ‘non Hague’ countries ranging from Afghanistan to Zimbabwe. These are countries which have not signed up to the 1980 Hague convention on international parental child abduction and with whom negotiating the return of children to the UK can be extremely complex as there are no international agreements on returning children.

Foreign and Commonwealth Office Minister Jeremy Browne said the campaign will help people become more aware of what they could do if they think their child may be at risk.

“We are very concerned that we continue to see an increase in the number of cases of international parental child abduction. The latest figures suggest the problem affects people from all walks of life and not just certain types of families or particular countries. Finding a solution can be especially difficult if a child has been taken to a non-Hague country as there are no international systems in place to help you. This is why prevention is so important. The FCO will do whatever we can to provide advice and support but our role is limited, not least because we cannot interfere in the laws of another country.”

Sharon Cooke, Advice Line Manager for Reunite International Child Abduction Centre, welcomed the latest advice and said while sometimes there were no warning signs, there are things people could look for which may indicate their child was at risk.

“The most obvious warning sign is a break down in a relationship but other signs may include a sudden interest in getting a passport or copy birth certificate for the child; a parent expressing a wish to holiday alone with the child; a change in circumstances such as leaving employment or redundancy, selling a house or giving up tenancy. There may also be a sudden change in contact arrangements or constant difficulty in being able to see the child,” she said.

“For many people the issue of parental child abduction is something with which they may not have had direct personal contact. There’s often a perception – fuelled by a number of high profile cases – that it’s about fathers abducting their children, however statistics show it is mainly mothers – either intentionally or unintentionally.

Sharon says, “The latest figures show just how widespread this problem has become. Our statistics for January to May 2011 show a 21% increase in the number of abductions to non-Hague States states compared to the same period last year. We have also seen a 21% per cent increase in the number of parents requesting advice on prevention of abduction. This demonstrates there is a need for information on preventative steps that a parent can take and it is essential that we continue to raise awareness of parental child abduction, after all it could happen to anyone.”

“The psychological impact on children can be traumatic and for the left-behind parent, the shock and loss are unbearable, particularly if they don’t know where their child is. Even after they have been found, the fear and pain of not knowing if they will return home is unimaginable.”

“If you are worried your child might be at risk, or if your child has been abducted you can call the Child Abduction Section at the Foreign Office on 0207 008 0878 or http://www.fco.gov.uk or reunite on 0116 2556 234.

*”The 1980 Hague Convention on the Civil Aspects of International Child Abduction is a multi-lateral international treaty the aim of which is the return of a child who has been wrongfully removed or wrongfully retained away from the country where he or she normally lives, so that issues of residence (which parent a child should live with), relocation (which country a child should live in) and contact (access) can be decided by the courts of that country. “All cases that come under the Hague Convention are dealt with by one of the three Central Authorities in the UK (the International Child Abduction and Contact Unit covers England and Wales and there are two separate bodies for Scotland and Northern Ireland). To find out which countries are part of this Convention, visit http://www.hcch.net/index_en.php?act=conventions.status&cid=24

**Top 5 non-Hague countries with the largest number of new parental child abductions in 2010/11

Country 2009/2010 2010/2011

All non-Hague countries 146 161

Pakistan 24 21

Thailand 13 13

India 14 9

Algeria 0 9

Malaysia 6 7

Further information on parental child abduction can be found at: www.fco.gov.uk/en/travel-and-living-abroad/when-things-go-wrong/child-abduction.

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Increase In Parental Child Abduction From UK


8:26am UK, Wednesday June 29, 2011

The numer of abductions of British children by parents who then take them abroad has risen by 10% in the past year – prompting a campaign to combat the problem.

The Foreign and Commonwealth Office (FCO) said the latest figures show one British child is taken every two days – a total of 161 in 2010/11.

The number taken to countries that have not signed up to an international treaty designed to ensure the return of minors who are wrongfully removed from the UK was up from 146 and 105 in the previous two years.

And it is feared the numbers may be even higher because of those that go unreported.

Countries that have not signed up to the 1980 Hague Convention are not compelled to abide by a UK court order.

The most obvious warning sign is a break down in a relationship but other signs may include a sudden interest in getting a passport or copy birth certificate for the child; a parent expressing a wish to holiday alone with the child.

FCO minister Jeremy Browne hopes the campaign will help people understand what they can do if they think their child may be at risk.

“The latest figures suggest the problem affects people from all walks of life and not just certain types of families or particular countries,” Mr Browne said.

“Finding a solution can be especially difficult if a child has been taken to a non-Hague country as there are no international systems in place to help you.

“This is why prevention is so important. The FCO will do whatever we can to provide advice and support but our role is limited, not least because we cannot interfere in the laws of another country.”

A child's bike

Evidence shows many abductions happen around school holidays when a parent refuses to return a child following a visit to the parent’s home country.

The problem has become widespread, with figures last year showing the FCO handled cases in 97 “non-Hague” countries ranging from Afghanistan to Zimbabwe.

The message will be passed through websites Mumsnet and the Fatherhood Institute to spread the prevention message and make people aware of the support it can provide.

Sharon Cooke, from Reunite International Child Abduction Centre, said while sometimes there were no warning signs, there were things people could look for which might indicate their child was at risk.

“The most obvious warning sign is a breakdown in a relationship,” she said.

Jeremy Browne MP

FCO minister Jeremy Browne is backing the scheme

“Other signs may include a sudden interest in getting a passport or copy birth certificate for the child; a parent expressing a wish to holiday alone with the child; a change in circumstances such as leaving employment or redundancy, selling a house or giving up tenancy.

“There may also be a sudden change in contact arrangements or constant difficulty in being able to see the child.”

She added: “There’s often a perception – fuelled by a number of high profile cases – that it’s about fathers abducting their children.

“However, statistics show it is mainly mothers – either intentionally or unintentionally.

“The psychological impact on children can be traumatic and for the left-behind parent, the shock and loss are unbearable, particularly if they don’t know where their child is.”

:: Anyone worried their child might be at risk, or whose child has been abducted, can call the Child Abduction Section at the Foreign Office on 0207 008 0878.

People can also log on to the FCO’s website or contact Reunite on 0116 2556 234.

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Lesbians’ Child Custody Battle Turns Into International Manhunt


Monday, June 27, 2011
By JOHN CURRAN and FILADELFO ALEMAN, Associated Press

MONTPELIER, Vt. (AP) – Lisa Miller’s path from lesbian in committed relationship to international fugitive started in 2003.

She broke up with her partner, Janet Jenkins, renounced homosexuality and became an evangelical Christian before disappearing in 2009 with the daughter she had with Jenkins.

Now, what started as a custody battle over little Isabella Miller-Jenkins has turned into a global manhunt, with indications that Mennonite pastors and other faith-based supporters may have helped hide the two in Nicaragua and are now coming to the aid of one who the FBI says helped Miller.

Eager to keep the girl away from Jenkins and what they consider a dangerous and immoral lifestyle, they liken their roles to that of underground helpers aiding runaway slaves.

“God’s Holy Law never recognizes a gay marriage,” said Pablo Yoder, a Mennonite pastor in Nicaragua, in an email message to The Associated Press. “Thus, the Nicaraguan Brotherhood felt it right and good to help Lisa not only free herself from the so called civil marriage and lesbian lifestyle, but especially to protect her nine year old daughter from being abducted and handed over to an active lesbian and a whole-hearted activist.”

As the gay marriage movement gains momentum in the U.S. with impending legal recognition of the relationships in New York state, the case is a reminder of the obstacles and opposition that same-sex couples and their families can face.

The saga began in 2000, when Miller and Jenkins were joined in a civil union in Vermont. Two years later, Miller gave birth to the girl, through artificial insemination. The couple split in 2003, with Miller renouncing her homosexuality and becoming a Baptist, then a Mennonite.

Miller was originally granted custody of the girl, but her defiance of visitation schedules led courts in Vermont and Virginia to rule in favor of Jenkins, culminating in a judge’s 2009 decision to award custody to Jenkins.

After Miller and the girl failed to show for a court-ordered custody swap on Jan. 1, 2010, to hand the girl over to Jenkins, the hunt was on. A federal arrest warrant was issued for Miller, and her daughter’s name was added to the missing by the National Center for Missing and Exploited Children.

But they were long gone: In 2009, two months before the judge ordered the custody change, Miller and the girl flew to Central America and took up residence for an unknown amount of time in Nicaragua before vanishing again.

So says the FBI, which revealed in April that it had arrested Nicaraguan missionary Timothy David “Timo” Miller and charged him with abetting an international kidnapping by helping arrange travel and lodging for the two. He is awaiting trial.

According to the FBI, Timo Miller — no relation to Lisa Miller — arranged to fly Miller and her daughter from Canada to Augusto C. Sandino International Airport in Managua.

He’d never met her until they arrived at the airport, according to Loyal Martin, a friend of Timo Miller’s.

Timo Miller has pleaded not guilty and is free on $25,000 bail, awaiting trial. His attorney, federal public defender Steven Barth, won’t discuss the case. Another lawyer for Timo Miller, Jeffrey Conrad, of Lancaster, Pa., didn’t respond to a request for comment.

“Tim believes there is a higher law than the laws of any country that all people, including himself, are accountable to,” said Martin, 40, of Philadelphia, N.Y., who attended Miller’s first court appearance.

In an April 1 affidavit outlining the charge against Timo Miller, FBI agent Dana Kaegel noted the involvement of various religious groups and people involved — in some fashion — with Miller.

At a minimum, she appears to have had the support in the Mennonite community outside the capital of Managua.

Yoder, who works the remote village of Waslala, 161 miles from Managua, told The Associated Press she celebrated her daughter’s birthday in his house last year. He wouldn’t say more.

“She came here to have a good time, and we allowed her to celebrate her daughter’s birthday in my house because of the love we have for the girl,” Pablo Yoder said.

Yoder, who is mentioned in the FBI’s affidavit over an email exchange with Timo Miller planning the party, told the AP in an interview he couldn’t remember how long she stayed. She slept at the house of another pastor, according to Yoder, who would not name that person for fear it would lead to questioning by police.

Members of the church made a pact not to reveal any details to protect Timothy David Miller.

“We want to remain silent because we do not know whether it would cause him problems,” Yoder said. “The moment may arrive when we are going to want to talk, when we deem it necessary to tell Nicaragua the true story.”

Nicaraguan police haven’t questioned Yoder and other members of his church, he said in an interview last month.

“They know we are not involved in this matter,” said Yoder, who likens the help given to Lisa Miller to aid given by Mennonites and Quakers to the aid abolitionists gave runaway slaves.

Richard Huber, of Myerstown, Pa., a friend of Timo Miller’s who agreed to assume custody of him after his first court appearance, sees Timo Miller’s actions as faith-based.

“Choosing to heed God’s law over man’s would be an accurate way of putting it,” he said in an email message.

Miller may have gotten help from others drawn to her predicament for religious reasons.

The lawyer for Miller’s ex-partner, Janet Jenkins, told the FBI she got a call in June 2010 from someone — she won’t say who — who told her that Lisa Miller and the girl had stayed in a beach house in coastal San Juan del Sur, about 68 miles south of Managua.

The house is owned by Philip Zodhiates, the father of Liberty University law school administrative assistant Victoria Hyden, according to the FBI. Jenkins’ attorney, Sarah Star, told the FBI that the caller told her Zodhiates had asked his daughter to put out a request for supplies for Lisa Miller.

Located in Lynchburg, Va., Liberty University was founded by the late Rev. Jerry Falwell. An affiliate of the university, conservative Christian law firm Liberty Counsel, formerly represented Miller in her court case in Vermont over custody of the girl.

Law school dean Mathew Staver — who leads Liberty Counsel — has said Zodhiates isn’t affiliated with either.

“From our perspective, she just dropped off the face of the Earth. We haven’t heard from her or from anyone who said they’ve heard from her,” Staver said of Lisa Miller.

Miller, 42, is wanted by the FBI and Interpol, which recently requested the help of Nicaraguan police in the search. U.S. Embassy officials in Nicaragua said they don’t know where she is.

“We have clues, but we do not want to reveal them so as not to hinder our investigation,” Fernando Borge, spokesman for the Nicaraguan national police, told the AP last month. “We can’t say either, at the moment, whether she is or is not in the country.”

A security guard at the hotel Royal Chateau in San Juan del Sur, Juan Garcia, told the AP last month he remembered seeing Miller and her daughter seated along the waterfront.

Back in Vermont, Jenkins waits for word on their whereabouts, a break in the case — or both.

“It is hard to understand how anyone could consider a childhood on the run better and more stable than one surrounded by family, with two parents and two sets of grandparents who can provide love and support,” Jenkins, who declined to be interviewed for this story, said in an email.

Timo Miller, meanwhile, awaits trial on the abetting count, which could send him to prison for three years. For now, he and his wife and their four children are staying in Pennsylvania, with Huber.

Supporters have rallied to Timo Miller’s his side. At his April 25 court appearance in federal court in Burlington, Vt., dozens of supporters turned out.

More than $30,000 has been raised for his legal defense fund, and donors have provided he and his family with a minivan and an apartment, according to http://www.timomiller.org, the Timothy Miller Family Support Network’s website.

“When Isabella was about 18 months old, Lisa Miller realized the emptiness of her lesbian lifestyle, and her mother’s instinct alerted her to the danger that lifestyle posed for her young daughter. She chose to leave that lifestyle, repented of her immoral ways, and began a new life,” according to the website.

Star calls Miller’s actions kidnapping. She doesn’t buy the idea of civil disobedience.

“My understanding is that civil disobedience is an act of defiance against a government. Janet Jenkins is not the government, she is a mother who is worried sick about her daughter.”

——

Associated Press correspondent Filadelfo Aleman reported from Nicaragua.

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Parental Kidnapping – What to Do When the Other Parent Will Not Return the Child


I hope you never need this article. Very rarely does it happen, but there are times that one parent goes off the deep end and decides that the Orders of the Court are not meant for them.

Children are taken out of school, hidden at relatives’ homes, and secreted from the “custodial” parent. (In this context custodial means the parent who should have that child during that time frame or the parent with the majority contact time.)

The first step is to make sure that the current Order is clear and specific enough to be enforceable. Whether law enforcement will assist when one parent violates a court ordered contact schedule has a lot to do with how clearly written it is. Even with the most clearly written order there are times that law enforcement will not want to get involved. This is when the Court needs to be contacted. Emergency Motions are some of the most overused motions around.

Judges hate them because 1) everyone wants to call every bad situation an emergency and domestic cases are nothing but bad situations and 2) because they are being asked to make decisions without letting the other side tell their story. If there is a remedy for the violation (if that parent should not have had this two weeks of summer, but the judge could take other time away from the offender without harm to the child) short of asking the Judge to take the child via police, that is the road to go down. Judges can punish violations with Orders for attorneys fees, extra time for the other parent, moving to supervised or having other parameters or limitations…without having to traumatize a child with a ride in a police car.

If there is no remedy that will truly keep the child safe, in the event of escalating obvious mental health issues and increasingly bold violations..the Court can enter a Pick Up Order. This court order will describe the child and the parent who has them wrongfully, and it will authorize the police to pick the child up. The Order should be drafted to include all the places the child could reasonably be, with the most obvious listed first.

The Order may indicate that law enforcement is authorized to enter a home in order to find the child, and that they can do this at any hour. Without this provision, most law enforcement agencies are going to “stake out” a home only. If the person has taken the child to other locations, it may be necessary to hire a PI to attempt to find them and then call in law enforcement to pick up the child..many police agencies are just too overworked to spend days or even hours trying to hunt up parents who have stolen their children.

Ultimately, there are remedies in these situations, but the process can take a while and can be scary in the meantime. It is important to understand that long term, the parents who follow court orders, who show respect to the Judge’s determinations and work within the system will long term get much better results. Once a parent pushes things to the point of requiring this type of action, they have usually lost the Judge’s trust and are working against themselves.

Article Source: http://EzineArticles.com/3651962

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Abducted to The Philippines – Parental Child Abduction


The Philippines is not a party to the Hague Convention on the Civil Aspects of International Child Abduction
Hundreds of American parents face a similar plight, fighting from within the United States to bring home children they say were kidnapped and taken abroad by the other parent. The U.S. State Department is handling roughly 1,000 international parental kidnapping cases, including seven that involve children taken to the Philippines.

Many parents left behind face linguistic, cultural, geographical and legal barriers. Often, the spouse is a citizen, or can become a citizen, of the country to which he or she has fled and is entitled to that country’s protection.

The Philippines sees parental kidnapping as a custody dispute, not a crime. And the country isn’t party to the international treaty that created a process for resolving such disputes.

The Philippine government says it cooperates with U.S. law enforcement and consular officials to locate children alleged to have been abducted and check on their welfare. The officials also can help negotiate a return. But in many cases, the decision on whether the children should be sent back to the parent in the United States falls to the courts.


You should contact your local police station if your child has been taken overseas without your consent or if you fear your child will be abducted

There are 3 broad categories of child abduction:

  • Abduction – where a child is taken overseas without the other parent’s consent – this may be a criminal offense.
  • Wrongful retention – where a child has been retained in a foreign country following an overseas trip
  • Threat of abduction – where there is a risk that a child will be taken overseas
Note:
The Philippines is not a party to the Hague Convention on the Civil Aspects of International Child Abduction, nor are there any international or bilateral treaties in force between the Philippines and the United States dealing with international parental child abduction. Therefore, there is no treaty remedy by which the left behind parent would be able to pursue recovery of the child/ren should they be abducted to or wrongfully retained in the Philippines. Once in the Philippines, the child/ren would be completely subject to Philippine law for all matters including custody.
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Plan to sign Hague Convention welcome but children’s best interests should come first


Source: The Mainichi Daily News
Japan’s new policy of signing the Hague Convention that stipulates the treatment of children from failed international marriages in custody disputes has been approved by Cabinet ministers, with Prime Minister Naoto Kan planning to announce the decision at a G8 Summit set to take place in France on May 26 and 27.

Officially called the Hague Convention on the Civil Aspects of International Child Abduction or the Hague Abduction Convention, the treaty went into effect in 1983, and counts 84 countries, primarily in the West, as its signatories.

According to the Hague Convention, if a child is removed from their country of habitual residence and a parent petitions for the child’s return to that country, the government of the country to where the child has been taken has the responsibility of cooperating with the child’s return and in negotiations for talks between the respective parents’ parties.

Japan has been facing increasing pressure from Western nations to sign the treaty because of a significant number of cases in which Japanese mothers removed their children from other countries and returned to Japan. The Japanese Foreign Ministry has set up opportunities for periodic consultation with parties from both the U.S. and France — citizens of which Japan nationals have shown to have a great number of custody disputes — and have consulted on a total of 130 individual cross-border custody cases.

In some cases, bringing a child back to Japan without consent from the other parent has resulted in parents facing charges of abduction. That many such parents claim to be victims of domestic violence complicates these cases even further, and such allegations of abuse make the argument that joining the convention raises concerns for the protection of Japanese citizens and goes against the child’s interests understandable.

Meanwhile, Japanese partners whose children have been removed from Japan have pushed for Japan to sign the treaty, with hopes that it would help resolve their own custody disputes.

The Hague Convention includes special exemptions, including one that states that a child does not have to be returned to their country of habitual residence in cases where doing so would pose a great risk of physical or emotional pain for them. This exemption is key.

According to the Japanese Foreign Ministry, of the approximately 800 cases of child custody suits around the world in which a parent is seeking the child’s return, the abovementioned exemption has been permitted in 30 percent of cases — ruling that the children did not have to be returned.

These special cases include those in which there remain the chances of a mother becoming a victim of domestic violence if she and her child were to return to their country of habitual residence; or if the child were to return on their own but would suffer if separated from the mother; or in cases in which the child cannot be expected to receive sufficient care upon return. From these cases, it is apparent that courts of various countries around the world are taking a relatively flexible approach to the convention.

Signing the convention and searching for solutions based on internationally-recognized rules is an unavoidable path for Japan. Yet, we must protect our citizens based on the actual nature of each case in a way that adheres with the treaty.

Whether or not a child brought to Japan should be returned to their previous country of residence will be decided by Japanese courts based on the law. The government is set to add a provision to its Hague-Convention bill indicating that in cases that involve allegations of child abuse or of domestic violence by one partner against another, the child can be stopped from being returned to their country of habitual residence.

One of the major factors at the base of cross-border custody disputes is the difference in how custody is perceived. Joint custody is common in many of the convention’s signatory nations, with children often going back and forth between their divorced parents. In Japan, however, sole custody is more common, and is often granted to the mother.

As the number of international marriages continues to rise, we must think about what really constitutes our children’s best interests.

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