February 26, 2013
Source: TheStar.com

Stephen Watkins and sons, Alexander and Christopher. Police believe the boys are in Poland.
When a grandfather was found guilty last year of helping his daughter abduct her two boys to Poland, history was made. It was Canada’s first criminal conviction involving international child abduction by a parent.
Outside the Newmarket court where 78-year-old Tadeusz Ustaszewski’s sentencing was taking place, a group of Canadian parents held up signs and photos of their missing children, hoping to draw public attention to the issue of cross-border child abductions by estranged spouses.
Frustrated by legal bureaucracy, countries indifferent to Canadian court orders, and what they say is scant support from the Canadian government, left-behind parents have launched their own advocacy group. They plan to campaign for changes in the law to better detect and prevent child abduction.
“People paint it as a custody matter, but really, these countries have signed the international treaties and do not comply with these treaties.”
STEPHEN WATKINS – FOUNDING MEMBER OF ICHAPEAU
So far, the group involves 13 families and 16 “lost” children. It is part of a growing movement in North America for stronger enforcement of the Hague Child Abduction Convention — a 32-year-old international treaty that deals with the return of children abducted by a non-custodial parent and transferred from one country to another.
“The fact is you have this melting pot of different nationalities. You date people of different nationalities, get married, have children — and they decide to go home,” said Stephen Watkins, a founding member of iCHAPEAU (International Child Harbouring & Abduction Prevention Enforcement Act Under-law).
“People paint it as a custody matter, but really, these countries have signed the international treaties and do not comply with these treaties.”
With the ease of global travel and explosion of Internet romances, the world has become smaller. Romantic relationships — and breakups — that span national borders have become more common.
These relationship breakdowns, often nasty for adults in the same locale, can be even more complicated when children and multiple government jurisdictions are involved.
A 2012 study by Nigel Lowe and Victoria Stephens at the Cardiff Law School in the United Kingdom found that the global number of Hague Convention applications to retrieve an abducted child had risen by 45 per cent since 2003.
According to a U.S. State Department report, the number of new international parental child abduction cases in the United States alone has doubled since 2006, from 642 to 1,135, with the majority of cases involving children taken to one of the convention’s 89 signatory countries.
But the child return rate is far from satisfactory. In 2009, the report said, only 436 children abducted to or wrongfully retained in other countries were returned to the U.S. Of these children, 324, or 74 per cent, were from a convention country.
“The goal of the convention is to establish clearly defined procedures for the prompt return of children . . . to provide an effective deterrent to parents who contemplate abducting their children,” said the Report on Compliance with the Hague Convention.
“Unfortunately, current trends reflect a steady increase in the number of international parental child abduction cases and highlight the urgency of redoubling efforts to promote compliance with convention obligation and encourage additional nations to join it.”
A left-behind parent can apply through what’s known as the central authority of his or her country to have a wrongfully removed child returned to the place of “habitual residence.”
The parent must provide details of the case in the Hague Convention application, which will then be sent by the central authority to the foreign state to which the child was taken.
Once the application is received, the court in the receiving country must determine if the conditions set out for the child’s return are met and if any exceptions to the return of the child exist.
Canada does not maintain national statistics on the number of Hague Convention applications and number of child returns to the country, said Carole Saindon, a spokesperson for the Department of Justice, which oversees the central authority administration in Canada.
“It is important to note that a decision by a court not to order the return of a child does not mean that the convention is not being properly applied in that state,” Saindon said in an email.
“While a left-behind parent may not agree with the child leaving Canada, the situation does not necessarily constitute a wrongful removal or retention for the purposes of the Hague Convention.”
In instances where a left-behind parent is dissatisfied with the result, she said, the parent or the Canadian central authority can raise their concerns with the foreign central authority and attempt to resolve any issues.
However, “where a left-behind parent disagrees with the decision of a foreign court not to return his or her child, he or she needs to evaluate the matter in consultation with private legal counsel,” Saindon said.
The issue of international child abduction is not new, but it received global attention in 2008 with the case of Sean Goldman, the child at the centre of an international legal battle between his American father, David Goldman, and the family of his deceased Brazilian ex-wife, Bruna Bianchi Carneiro Ribeiro.
After winning his son back in 2009 with a favourable decision by the Brazilian Supreme Court, Sean’s father and his supporters, in the same year, established the Bring Sean Home Foundation, run by volunteers for the campaign to return internationally abducted children.
Most significantly, the foundation has been pushing for the Sean and David Goldman International Child Abduction, Prevention and Return Act (HR1940) — an inspiration for Watkins, whose sons, Christopher and Alexander, were taken to Poland in 2009 by their mother, Ustaszewski’s daughter, Edyta.
“The biggest reason the convention is largely inefficient is there are no penalties for non-compliance. There are no repercussions for not complying,” said Mark DeAngelis, the foundation’s executive director.
The bill, expected to be introduced to the U.S. Congress in 2013, proposes establishing an Office on International Child Abductions to promote measures to prevent abductions from the U.S., advocate for abducted children and assist left-behind parents in resolving their cases.
Watkins, of iCHAPEAU, said Canada should adopt a similar approach and penalize convention non-compliant nations by delaying or cancelling official visits and scientific and cultural exchanges; withdrawing Canadian development assistance; and restricting travel by their nationals.
“We need to impose sanctions against non-compliant countries,” said Watkins, adding that educating Canadian officials in child welfare and courts to flag at-risk cases is also key to abduction prevention.
Jeffery Morehouse of Bring Abducted Children Home, an advocacy group for American left-behind parents, agrees.
“We need to have an open public discussion of what’s going on,” he said from Washington. “We must step up and be vocal. Enough is enough. We are not going to condone the trafficking of children to a foreign country without recourse.”
More: The tales of four left-behind Canadian parents
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