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

 

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.

PhotosView gallery

  • Patricia O'Byrne leaves the courthouse at 361 University Ave. in Toronto in January 2012.zoom
  • Patricia O'Byrne arrives at College Park court in Toronto for sentencing on April 2, 2013.zoom
  • Patricia O'Byrne leaves College Park court after sentencing for abducting her child and keeping her away from the father for 18 years.zoom

“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.

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Judge says girl abducted to Japan by mother deserves crime victim compensation


March 5, 2013

Source: jsonline.com

Remember the young Fox Point girl whose mother kidnapped her to Japan in violation of a Wisconsin court order, and her father’s long, expensive, international legal battle to get her back?

A few weeks after his daughter’s return, Moses Garcia applied on her behalf to the Crime Victim Compensation Program. The Department of Justice denied payment, saying it wasn’t intended for situations involving divorce.

But a state administrative law judge disagreed.

“While I understand the floodgates nature of this argument, it does not apply here,”  Rachel Pings wrote in a Feb. 20 order. Rather than parents merely speaking ill of each other in front of their children, which is common in many divorces, the girl was abducted to a foreign country for four years, with virtually no contact with her father’s side of her family or her prior life in Wisconsin, Pings wrote.

Japan-Flag

Pings found that Garcia met his burden of proof in showing that his ex-wife Emiko Inoue had committed the compensable crime of  “Causing mental harm to a child,” and that it was irrelevant that she was neither charged nor convicted of that specific offense.

Pings cited records and testimony Garcia introduced at a Jan. 31 hearing that showed the mental harm the experience caused his daughter, including those of a therapist who worked extensively with the girl for months following her return to Wisconsin.

“The record contained no credible evidence” that Inoue took her daughter for the girl’s best interests, Pings found. “Rather, it appears that Ms. Inoue completely disregarded (her daughter’s) interests and mental well-being.”

The girl was 5 when she was taken to Japan and was largely raised by her grandparents there while Garcia fought for her return. Inoue was arrested in Hawaii, where she had gone to renew her U.S. residency permit,

She later pleaded no contest to interfering with child custody, a felony,  under an agreement that she would ultimately be convicted of only a misdemeanor if her daughter was returned to Garcia, who had legal custody.

The case drew international attention in 2011. An advocacy group for parents whose children have been kidnapped and taken to other countries, usually by their other parent, said it was the first return of such a child from Japan. Not only does Japan not return children of Japanese citizens to the U.S., it does not extradite accused abductors to the U.S. either, according to the group Global Future.

Ping’s order reversed the DOJ decision to deny compensation, and sent the claim back for a determine how much the girl should receive from the fund.

Garcia said his application never got to the stage when any amount was discussed. He said he would like payment for the girl’s psychological treatment and “recognition that these kinds of crimes are child abuse and must be treated as such.”

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Senate Resolution Condemning International Child Abduction


December 5, 2012

Source: internationalfamilylawfirm.com

The U.S. Senate has today passed a “Bipartisan Resolution Calls on Countries to Do More to Prevent and Resolve Cases of Children Abducted by Parents Across International Borders.”

us-senate

The Resolution should be useful when seeking to prevent potential abduction to Japan, India, and Egypt, since those countries are specifically “reprimanded.”

The Resolution also reinforces claims that international child abduction is a form of child abuse.

http://politicalnews.me/?id=19341&pg=2&keys=

Dec 05,2012 – Boxer Praises Senate Passage of Resolution Condemning International Parental Child Abduction

Bipartisan Resolution Calls on Countries to Do More to Prevent and Resolve Cases of Children Abducted by Parents Across International Borders

Washington, D.C. – Senator Barbara Boxer (D-CA) praised the passage of her bipartisan resolution condemning the international abduction of all children. The resolution garnered 28 cosponsors and passed the Senate by voice vote.

“I am so proud that today the Senate took a stand to condemn the tragic and devastating crime of child abduction,” Senator Boxer said. “This resolution is a resounding call to the international community to join together to prevent and resolve abduction cases.”

According to the U.S. Department of State, last year 1,367 American children were reported abducted by a parent from the United States to a foreign country.

The 1980 Hague Convention on the Civil Aspects of International Child Abduction is the principal tool for a parent seeking the return of a child abducted across international borders. The Convention provides a legal framework for securing the return of an abducted child so that judicial authorities can make decisions on issues of custody and the best interests of the child. However, many countries do not participate in the Hague Abduction Convention and the Convention does not apply to abductions that occur before a country joins.

The resolution calls on all countries to join and fully comply with the Hague Abduction Convention and to take other steps to prevent and resolve cases of international parental child abduction.

The full text of the resolution is below.

RESOLUTION

Whereas international parental child abduction is a tragic and common occurrence;

Whereas the abduction of a child by one parent is a heartbreaking loss for the left-behind parent and deprives the child of a relationship with 2 loving parents;

Whereas, according to the Report on Compliance with the Hague Convention on the Civil Aspects of International Child Abduction of the United States Department of State from April 2010, research shows that abducted children are at risk of significant short- and long-term problems, including “anxiety, eating problems, nightmares, mood swings, sleep disturbances, [and] aggressive behavior”;

Whereas, according to that report, left-behind parents may also experience substantial psychological and emotional issues, including feelings of “betrayal, sadness over the loss of their children or the end of their marriage, anger toward the other parent, anxiety, sleeplessness, and severe depression”, as well as financial strain while fighting for the return of a child;

Whereas, since 1988, the United States, which has a treaty relationship under the Convention on the Civil Aspects of International Child Abduction, done at The Hague October 25, 1980 (TIAS 11670) (referred to in this preamble as the “Hague Abduction Convention’’) with 69 other countries, has agreed with its treaty partners to follow the terms of the Hague Abduction Convention;

Whereas the Hague Abduction Convention provides a legal framework for securing the prompt return of wrongfully removed or retained children to the countries of their habitual residence where competent courts can make decisions on issues of custody and the best interests of the children;

Whereas, according to the United States Department of State, the number of new cases of international child abduction from the United States increased from 579 in 2006 to 941 in 2011;

Whereas, in 2011, those 941 cases involved 1,367 children who were reported abducted from the United States by a parent and taken to a foreign country;

Whereas, in 2011, more than 660 children who were abducted from the United States and taken to a foreign country were returned to the United States;

Whereas 7 of the top 10 countries to which children from the United States were most frequently abducted in 2011 are parties to the Hague Abduction Convention, including Mexico, Canada, the United Kingdom, Germany, Ecuador, Brazil, and Colombia;

Whereas Japan, India, and Egypt are not parties to the Hague Abduction Convention and were also among the top 10 countries to which children in the United States were most frequently abducted in 2011;

Whereas, in many countries, such as Japan and India, international parental child abduction is not considered a crime, and custody rulings made by courts in the United States are not typically recognized by courts in those countries; and

Whereas Japan is the only member of the Group of 7 major industrialized countries that has not yet become a party to the Hague Abduction Convention: Now, therefore, be it

Resolved, That—
(1) the Senate—

(A) condemns the international abduction of all children;

(B) urges countries identified by the United States Department of State as noncompliant or demonstrating patterns of noncompliance with the Convention on the Civil Aspects of International Child Abduction, done at The Hague October 25, 1980 (TIAS 11670) (referred to in this resolution as the “Hague Abduction Convention”) to fulfill their commitment under international law to expeditiously implement the provisions of the Hague Abduction Convention;

(C) calls on all countries to become a party to the Hague Abduction Convention and to promptly institute measures to equitably and transparently address cases of international parental child abduction; and

(D) calls on all countries that have not become a party to the Hague Abduction Convention to develop a mechanism for the resolution of current and future cases of international parental child abduction that occur before those countries become a party to the Hague Abduction Convention in order to facilitate the prompt return of children abducted to those countries to the children’s countries of habitual residence; and

(2) it is the sense of the Senate that the United States should—

(A) vigorously pursue the return of each child abducted by a parent from the United States to another country through all appropriate means, facilitate access by the left-behind parent if the child is not returned, and, where appropriate, seek the extradition of the parent that abducted the child;

(B) take all appropriate measures to ensure that a child abducted to a country that is a party to the Hague Abduction Convention is returned to the country of habitual residence of the child in compliance with the provisions of the Hague Abduction Convention;

(C) continue to use diplomacy to encourage other countries to become a party to the Hague Abduction Convention and to take the necessary steps to effectively fulfill their responsibilities under the Hague Abduction Convention;

(D) use diplomacy to encourage countries that have not become a party to the Hague Abduction Convention to develop an institutionalized mechanism to transparently and expeditiously resolve current and future cases of international child abduction that occur before those countries become a party to the Hague Abduction Convention; and

(E) review the advisory services made available to United States citizens by the United States Department of State, the United States Department of Justice, and other United States Government agencies—

(i) to improve the prevention of international parental child abduction from the United States; and

(ii) to ensure that effective and timely assistance is provided to United States citizens who are parents of children abducted from the United States and taken to foreign countries.

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Barn blir bortført fra Norge: Norske barnebortførere i Spania


September 3, 2012

Kilde: Bortført.no

Vi ser en økende trend der norske foreldre bortfører barn til Spania. Hensikten er som regel å sabotere samvær. Bortførerne livnærer seg som oftest på trygd, samt underholdningsbidrag dersom de er kvinner.

Spania er medlem i Haag-samarbeidet for retur av bortførte barn, men rettsprosessene er treige. Derfor benytter mange seg av av private operatørers hjelp for å få barna hurtig tilbake til omsorgsforeldrene i Norge. Geirs sønn ble bortført til Spania….. ( Kommer på TV2`s Dokument2 Onsdag 5 September klokken 21.40)

Geir gikk gjennom en konfliktfull barnefordelingssak, som endte med at han fikk daglig omsorg for sin 10 år gamle sønn. Moren har tatt i bruk alle slags skitne triks for å sverte faren, med påstander om vold, overgrep og drapstrusler. Men politietterforskning og rettsbehandling avdekket at morens påstander ikke hadde noen forankring i virkeligheten.

Etter å ha tapt i retten, satte moren i gang en kampanje på nettsiden ”Olivers Verden” hvor hun hevder at hun og sønnen er sviktet av systemet, og at sønnen ikke har blitt hørt av retten. Dette på tross av at det er grundig dokumentert at gutten ønsker å bo hos sin far. Som “bevis” la hun frem timevis med selvproduserte videoavhør, hvor sønnen forklarte detaljert om de angivelige overgrepene.

I dommeravhør, og i samtaler med rettsoppnevnte psykologer, fortalte gutten imidlertid at moren hadde instruert ham til å fortelle alle disse løgnene om faren. Les Geirs historie her.

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Mother kidnapper send back to US for prosecution by UK


July 5, 2012

Source:Kidnapped2Poland.org

It seems that US mother, Eileen Clark (I wrote about her earlier), who abducted her children to UK lost her fight with US government and was sent back home to stand the trial in front of the American judge.  

As the Brithish Independet reports,  the appeal court in London did by the argument that Mrs. Clark lived “openly” in UK, and US government neglected to pursue the case for many years , hence should be denied the extradition request.

The judge said that, while she may have retained her own name, “she did not tell anyone in the US where she was.

“She did not tell the US authorities where she was, or indeed – for a while – her own parents.”

This story was reported in April of this year, so I am going to assume that this lady is already facing the music here in US. I couldn’t find any recent updates since.

For those who are going to lament the “unjust” American and British extradition system, PHHHLEEZE take a moment and read how “just” the same system (i.e. the leftist UK media) and Ms. Clark herself, have been to the father of the his three children. I found his story written by his brother in 2010 in response to one of the UK “hit” pieces. You be the judge who the  real victim in this story is. And…. I don’t want to hear the politically correct “we don’t really know, the truth is usually in the middle” garbage. Many times, the truth is very one sided indeed.

To read the entire story you can visit the pages of  reporting newspaper.

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Parental Abduction: Sheriff’s department make three arrests in parental kidnapping case


June 4, 2012

Three people are in custody and one remains at large in connection with a parental kidnapping case reported Thursday just outside Tulare.

 

Kailean McGarrah, Rebecca McGarrah, and Sandro Lopez, ages unknown, were arrested on suspicion of kidnapping, child endangerment, assault and conspiracy. A man wanted in connection with the case remains at large.

According to the sheriff’s department, deputies responded to the 1100 block of South Pratt Street, just outside of Tulare, for reports of an unnamed 2-year-old child being taken by force.

Responding officer developed information and arrested the women and Lopez, the sheriff’s department said. The child, whose name was withheld, was also located unharmed.

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U.S. MARSHALS UPDATE: Mother Arrested In Parental Abduction, Attempting To Cross Border


Source: michellesigona.com

UPDATE DIRECTLY FROM U.S. MARSHALS: Concerning the Parental Kidnapping case against twenty-nine year old Laney Smith (AKA: Laney Wyble) who kidnapped her seven-year-old child, Macey;

the two were located and arrested in Sweetwater, Montana attempting to cross into Canada.  Initial reports suggest that they did in-fact make it into Canada, but the Canada Border Services Agency (CBSA) was able to detect Laney’s fugitive status and escort her back into the custody of US Customs and Border Protection (CBP).  Laney has been arrested pursuant to Simple Kidnapping charges brought by the St. Landry Parish Sheriff’s Office and Macey will be placed in Montana’s Child and Family Services Division.

—————————————–

Older updates in the case:

U.S. Marshals in Louisiana need your help locating a woman wanted for kidnapping. Authorities say Laney Smith abducted her daughter, Macey, and fled the state of Louisiana on February 5, 2012. This was the date Macey’s father, Shane, was granted full custody.

There is urgency to locate Macey in this case because Marshals say she has a serious medical condition that needs to be treated and if it goes untreated, Macey could die.

Marshals believe Laney Smith is traveling with her boyfriend, Cody Wyble and they were tracked to Little Rock, Arkansas a few weeks ago. Smith used a U-haul to take her things and her vehicle to Little Rock. That is where investigators say she dropped off the truck and drove away in her 2004 red Nissan Sentra (Louisiana tags: NXK 118).

A warrant was issued for Smith’s arrest on February 28, 2012. She stands 5’4” and weighs about 125 pounds. Smith has brown eyes and blonde hair.

If you have any information, please contact: (337) 251-6921

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Irish mother faces International battle


Source: Strabane Chronicle

A STRABANE woman locked in a bitter international custody battle says she fears she may never see her son again.

Tracey McCay’s incredible story came to a head on Christmas Eve when a Belfast Court ordered her to hand her six-year-old son Sean over to her husband.
Husband David has since returned to their adopted home of Singapore with Sean, leaving Tracey practically penniless and homeless.
The 37-year-old told the Strabane Chronicle this week that she now fears she may never see her son again.
Tracey says her nightmare began ten weeks ago while she and her accountant husband David were holidaying in Indonesia.
Following a bust-up on the island of Batam, Tracey claims she awoke to find her husband had fled with her son, taking with him her passport and travel documents.

After contacting the immigration authorities, Tracey eventually managed to get back to Singapore where she contacted her solicitor.
Because she has only lived in Asia since May and her Visa rights depend heavily on her husband’s job, she was advised to return to Northern Ireland and fight for custody here.
On December 22 the estranged couple came face to face for a custody hearing in Belfast.
Tracey won her battle only to have it over-turned on appeal two days later.
On Christmas Eve she broke down in tears in court as Sean was taken from her and handed over to her husband. The father and son have since returned to Singapore.
Speaking from a women’s refuge in Belfast, Tracey appealed for help from anyone with knowledge of international law.

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Top Farc rebel leader Alfonso Cano killed in Colombia


Source: BBC

The leader of Colombia’s left wing Farc rebel group, Alfonso Cano, has been killed in a military raid, President Juan Manuel Santos has confirmed.

He called it the most devastating blow to the group in its decades-long insurgency and urged it to disband.

Defence Minister Juan Carlos Pinzon said Cano was killed in an operation in mountains in Colombia’s south-west.

Security forces have killed a number of Farc commanders and arrested many others in recent years. Giving details of the operation, Mr Pinzon said government forces first bombed a Farc jungle camp in Cauca state. Troops were then lowered from helicopters to search the area and killed Cano and several other Farc (Revolutionary Armed Forces of Colombia) members in a gun battle.

‘Prison or a tomb’

Pictures of the dead leader, with his trademark bushy beard shaved off, were broadcast on Colombian television.

“It is the most devastating blow that this group has suffered in its history,” President Santos said in a televised address.

“I want to send a message to each and every member of that organization: demobilise… or otherwise you will end up in a prison or in a tomb. We will achieve peace.”

Cano, 63, was reportedly tracked down to the jungle camp with the aid of telephone intercepts. Colombia had offered a reward of nearly $4m (£2.5m) for information leading to his capture.

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Analysts say Cano’s death deals a further blow to the rebel group’s ability to co-ordinate attacks on security forces and other targets.

The Marxist-inspired Farc has already been weakened by a military offensive which began 10 years ago. Mr Cano, a former academic from Bogota, became the Farc’s leader in 2008 after his predecessor, Manuel Marulanda died of a heart attack. His real name was Guillermo Leon Saenz.

In July, he narrowly escaped a raid on his camp, Colombian officials said.

Continue reading the main story

Alfonso Cano

  • Born 1948
  • Real name Guillermo Leon Saenz
  • Former academic from Bogota
  • Became Farc leader in 2008
  • Had been Colombian army’s main target in recent months

In September 2010, Mono Jojoy, another top Farc commander, was killed in a bombing raid.

The Colombian army also said earlier this year that it had killed Mr Cano’s head of security, Alirio Rojas Bocanegra.

The military has been able to expand its operations against the rebels with the help of the US, which has provided billions of dollars in funding, training and intelligence-sharing.

However, the Farc – the oldest and largest among Colombia’s left-wing rebel groups – retains the ability to mount hit-and-run attacks, partly owing to cash raised through its involvement in the illegal drugs trade and partly thanks to the country’s thick jungles.

The Farc is on US and European lists of terrorist organisations.

Colombia’s civil conflict has lasted more than four decades, drawing in left-wing rebels and right-wing paramilitaries.

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Jenter strømmer til selvforsvarskurs i Oslo etter den siste tids økning av overfallsvoldtekter


Kilde: VG

Oslos mange kampsportsklubber merker stor pågang etter hendelsene i hovedstaden den siste tiden.

Mandag skrev VG Nett om at flere butikker var utsolgt for forsvarssprayer og overfallsalarmer på grunn av voldtektsbølgen som slår innover Oslo.

VGTV:Se innslaget fra kampsportsenteret her

Hendelsene har også fått langt flere enn normalt til å søke hjelp og trening i byens mange kampsportsklubber.

VGTV:Lær selvforsvarsteknikker her!

Krav Maga Academy annonserte via Facebook at de ville arrangere et gratis selvforsvarskurs for jenter denne måneden. På kun få dager var kapasiteten sprengt, og i skrivende stund har nesten 1000 jenter meldt sin interesse.

Da VG Nett besøker klubben er treninge godt i gang, og flere titalls jenter og gutter hamrer løs på hverandre.

– Vi har opplevd en veldig økende interesse i høst. Det er vel 15 ganger så mange nå enn sist vi arrangerte et tilsvarende selvforsvarskurs, sier sjefinstruktør Ole Boe til VG Nett.

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