Gun violence against women is a serious problem- Amazon: Remove “The Ex” shooting target


May 8, 2013

Source: weareultraviolet.org

A shooting target mannequin named the “The Ex,” a large-breasted woman who bleeds when shot, is being sold on Amazon.com. It’s manufactured by Zombie Industries, a company that was featured at the NRA convention last weekend.

THE-EX-ZOMBIE-INDUSTRIES

Gun violence against women is a serious problem. But “The Ex” shooting target turns violence against women into a joke and promotes the idea that men should want to kill their ex-wives or ex-girlfriends. Zombie Industries has already had to pull a mannequin target that resembled President Obama, so they are definitely attracting media attention right now–and it’s just the kind of bad press Amazon doesn’t want.

If we all speak up about this horrible “Ex” target we can get Amazon to do the right thing and stop carrying this dangerous product. Can you sign the petition?

Sign it here

The EX

Your message to Amazon.com:

“Zombie Industries ‘The Ex’ shooting target–a large-breasted woman who bleeds when shot–promotes domestic violence and partner homicide and should not be sold on your website. Please remove this horrible product immediately.”

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Officers use stun gun on parent at Fayetteville middle school


November 7, 2012

Source: www.wral.com

FAYETTEVILLE, N.C. — Cumberland County deputies had to use a stun gun on a woman who they say assaulted school resource officers while trying to pick up her son Tuesday at a Fayetteville middle school.

A spokeswoman for the Cumberland County Sheriff’s Office said Allyison Alicia Mims-Whitner went to Lewis Chapel Middle School shortly before 2 p.m. to try to check her son out of classes for the day, but that the boy was afraid of her and did not want to go with her.

Mims-Whitner, according to authorities, is not the boy’s custodial parent.

As school resource officers questioned her, she became irate and combative and refused to leave without the child, authorities said.

That’s when she allegedly assaulted the officers, which prompted them to use a stun gun.

Mims-Whitner was arrested and charged with one count of trespassing, two counts of resist, delay and obstruction of justice and two counts of assault on a government official.

One key to ABP World Group`s successful recovery and re-unification of your loved one is to use all necessary means available

Contact us here: Mail

NOTE: We are always available 24/7

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

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Norway Phone Number: +47 45504271

Or you can call our 24h Emergency phone number: +370 610 44 447

The Hague Convention is not enough to recover your child


July 8, 2012

Many left-behind parents are told that the Hague Convention will bring about the return of their abducted children. Some authorities say that if your child is abducted, you should follow procedures outlined by the Hague, but this is a flawed system that does not work.

Until 1980, there was no international system in place to help parents recover abducted children who had been taken to other nations. The Hague Convention attempted to create one, but it doesn’t work. If you take the time to read the well-intentioned text of the Hague, you’ll see its many flaws.

In our opinion, it’s not worth the large amounts of money, time and trouble to hire an attorney to try using the Hague Convention to get your child back. You aren’t likely to get him or her back — and even worse, the abducting parent could be “legitimized” by the courts in another nation.

Under the Hague Convention, a case must be filed in the country where the abductor has taken the child. The courts of that country tend to render their decisions in favor of their countrymen, as the Hague Convention focuses on residency, not citizenship. There is little concern for the fact that the child is a citizen of the country from which he or she was abducted, or for the possible detrimental effect on the child.

Even if the child was born in your country, if that child is found to be a “habitual resident” by the courts in another country, the child may be ordered to be returned to that country.

This underscores the need to act quickly.

Few, if any, of the Hague signatory countries are going to send anyone out to physically recover your child for you. Embassy officials will check on the child’s welfare, if it is known where the child is and if the abducting parent lets them.

As soon as abducting parents are aware that that they’ve been located, they’ll usually disappear with the children again.

And about hiring lawyers

You need to be aware that a great amount of money has been spent on lawyers in foreign abduction cases. The unfortunate fact is that they, most often, can’t practice in the foreign courts and are required to hire associate lawyers in the foreign country.

Note: they often have no qualifications or experience working with child abduction cases.

More money…

Educate yourself

Many resources are available to help you learn about parental child abduction. If you’re dealing with an abduction, the better informed you are, the better equipped you’ll be to cope.

Recover your child

Time is of the essence. Parentally abducted children are helpless on their own and confused by the irrational and sometimes abusive acts of non-custodial parents who are supposed to have their best interests in mind. ABP World Group Ltd. has the manpower and the know-how to rigorously cover all avenues, and bring your child home.

Follow our updates on Twitter and Facebook

One key to ABP World Group`s successful recovery and re-unification of your loved one is to use all necessary means available

Contact us here: Mail

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

Contact with your child who lives in another country


July 7, 2012

Source: Bregmans

What are your rights if you live on one continent and your ex wife (or girlfriend) and your child live on another? In certain circumstanceswhat follows applies equally to fathers of children born out of wedlock.

As is spelt out in the Children’s Act 0f 2005 (the Act) ‘…in all matters concerning the care, protection and well-being of a child the standard that the child’s best interest is of paramount importance, must be applied…’

The father of a child whose son lives in another country enjoys what are called ‘full parental responsibilities and rights’ in respect of the child. These include the right to be involved in his day to day upbringing, his care and to maintain contact with him.

The Act contemplates the situation where the parents of a child live on different continents. It prescribes what factors must be taken into account in these circumstances so that the best interests of the child standard is applied. These include:

o        The capacity of the parents to provide for the needs of the child, including emotional and intellectual needs;

o        The likely effect on the child of any change in the child’s circumstances, including the likely effect on the child of any separation from a parent;

o        The practical difficulty and expense of a child having contact with a parent and whether that difficulty or expense will substantially affect the child’s right to maintain personal relations and direct contact with the parent on a regular basis;

o        The child’s physical and emotional security and his intellectual, emotional, social and cultural development;

o        The need for a child to be brought up within a stable family environment;

o        Guiding, directing and securing the child’s education and upbringing, including religious and cultural education and upbringing, in a manner appropriate to the child’s age, maturity and stage of development;

o        Guiding, advising and assisting the child in decisions to be taken by the child in a manner appropriate to the child’s age, maturity and stage of development;

o        Maintaining a sound relationship with the child.

The reality may be that you live and work in (say) Australia and your ex lives and works in South Africa. On that basis you are likely to see your son only three weeks per year. The result is that you miss out on his development (that new tooth, haircut and soccer kit). Applying the best interests test it is essential that you speak to your son over the phone regularly and that your ex keeps you up to date with all significant events in your son’s life. There is, of course, no substitute for real visits but these chats and updates could sustain father and child in between their face-to-face visits.

On that basis (and in an ideal world), you should try to get your ex to co-operate in the following respects:

o        As you live in Oz it is in the best interests of your son to supplement periodic in-person visits with you through contact with your son via telephone, fax and web-based communication by means of camera-computer technology and regular emails;

o        You should have liberal telephone privileges and Internet access to your son during reasonable hours. Depending on his age your ex should assist your son when you and the child participate in video conferencing, telephone calls or the exchange of emails;

o        Until he can read and write, your ex should undertake to send regular emails to you on behalf of your son and to print all emails and faxes sent by you to the child. You ex should shall keep these in an appropriately marked folder and read them to your son whenever received and when asked to do so thereafter;

o        Your ex should encourage communication between father and son on your son and your respective birthdays, on Fathers’ Day and Christmas day (unless any of these days coincide with your contact time with the child);

o        You should have all reasonable contact with your son provided that such contact shall be exercised in his best interests and shall create the minimum degree of disturbance to his routine, educational and necessary extramural activities. The dates and times of personal visits shall be agreed upon by the parties to suit both parent’s work schedules;

o        The parties must agree to any changes in schooling, extracurricular activities, or religious instruction and to any non-emergency medical care;

o        Your ex should keep you informed of the identity of the child’s teachers, day care providers, medical providers, psychiatrists, psychologists or mental health counsellors;

o        Your ex should inform you of any of your son’s school, church or extracurricular activities to which parents are invited. If you cannot attend your ex should take digital photographs of the event and email them to you. This shall apply to your son’s birthday parties as well;

o        Your ex should inform you in advance of any extraordinary medical and other treatment necessary for your son and keep you fully up to date with all developments concerning the child’s well being;

o        Your ex should  inform you of any changes in her physical address or of any changes in your son’s living environment (such as your ex’s getting re-married or setting up home with a partner);

o        Failing agreement between them the parties accept that court proceedings are detrimental to the best interests of the child, are destructive of the relationship between the parties and the child and litigation and threats of litigation should, where possible, be avoided.  Accordingly the parties shall use their best endeavours and shall seek to resolve any differences and/or disputes between them in relation to the child, in a friendly and civil manner and if necessary, the parties shall have meetings with a view to resolving such disputes. If the parties cannot agree upon an area of dispute (such as a modification of the child’s schooling, extracurricular activities, or religious instruction or to any non-emergency medical care) they agree to mediate the dispute and to share the mediator’s fee equally;

o        Obviously, the arrangement between the parents may change from time to time. To ensure that the best interests of the child is the paramount concern in all matters affecting the child, the parties will remain entirely flexible regarding parental responsibilities and rights and care of the child and contact with him.

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One key to ABP World Group`s successful recovery and re-unification of your loved one is to use all necessary means available

Contact us here: Mail

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

FBI: Amarillo man kidnapped daughter, left her in Algeria


Source: amarillo.com

The child custody case of an Amarillo woman and her Algerian ex-husband has led federal authorities on an international hunt to track down the couple’s child, according to federal court records.

Federal authorities arrested Badr Djelti, 35, on May 5 on one count of parental kidnapping. According to federal immigration officials, Djelti was born in Algeria and is legally residing in the U.S. as a permanent resident alien.

After nearly a year of marriage, Crystal Armstrong and the defendant separated in August 2010, two months after Armstrong gave birth to the couple’s daughter, the affidavit said. The family traveled to Algeria in December 2010, “in hopes that Armstrong and (Djelti) could mend their marriage, but it did not work out and they remained separated after they returned to the United States,” the document said.

A year later, Armstrong allowed Djelti to take their child to Algeria again to visit Djelti’s parents.

“Armstrong felt that even though they were separated, she wanted (the child) to continue to spend time with (Djelti) and his side of the family,” the affidavit said.

Armstrong, who worried Djelti would not bring the child back, made her ex-husband sign a document promising he would. But the day Djelti was supposed to get the agreement notarized, he picked up the child from a day care facility in Amarillo.

The mother called the police after she confronted Djelti at his apartment, where he was with the child. Amarillo authorities told Armstrong they could not help her because there was no effective court order regarding custody at the time, a federal affidavit said.

On Dec. 13, Djelti left the United States with the child and returned about a month later without her.

“(Djelti) told Armstrong that he left (the child) in the care of his parents in Algeria,” the affidvait said.

A Potter County judge in April ordered Djelti to return the child to the U.S. later that month, but Djelti received an extension to finish his exams at Amarillo College. The parties agreed to give Djelti until May 13 to travel to Algeria and bring the child back, federal records show.

He is expected to return on May 29, according to flight records he provided the court. But Armstrong told her attorney that one of Djelti’s coworkers said he did not intend to return to the U.S. once he left.

Djelti is currently in federal custody at the Randall County jail. If convicted, Djelti faces a maximum prison sentence of three years in prison and a $250,000 fine.

Published by: ABP World Group International Child Recovery Services
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Parental Alienation Syndrome


Source: Earthlink.net

Prolog

Parental Alienation Syndrome (PAS) is a collection of behaviors where one parent turns a child against the other parent. So when one parent deprives their  child of a healthy relationship with the other parent, the child may experience chronic psychological distress leading to the deterioration of the parental relationship. Since distress can affect physical health, health care professionals must not overlook the possibility that the child has been subjected to abuse by the custodial parent.

The Details

Blocking or inhibiting contact with the children – The custodial parent blocks or discourages contact between children and the other parent. The most heinous word in family law is ‘visitation’. With this word, the non custodial parent and his (or her) children become mutual guests under the oversight of the custodial parent and the courts.

Only a father can imbue certain intangible qualities to his children that a mother cannot. The corollary that a mother can imbue intangible qualities is also true. Children benefit most when their parents work and act together for their children, rather than two biological parents in conflict acting separately. This is the well-known phenomenon of synergism where the sum of the efforts of persons working together is greater than the sum of each person working alone. This is also called teamwork.

Berating the other parent in the presence of children – Comments such as ‘your mother is no-good’ or ‘your father has abandoned us’ are degrading to the child who respect the parent. What the controlling parent is saying to the child is that their feelings toward the other parent are wrong. The controlling parent’s intent is to berate and change the child’s view of the other parent. This conflict between the controlling parent’s demands and what the child knows and believes can lead to later conflicts in the child’s life.

Threatening children with withdrawal of home, love, and support – J. Michael Bone and Michael R. Walsh came up with a simple statement. “My way or the highway.” That says it all. What the controlling parent is saying is that the child must think the way I do, believe as I do, and feel as I do or else! The ‘else’ word is a threat.

Teaching or forcing the child to fear or reject the other parent – The most prevalent tactic is coercion. Through repetition, the controlling parent relates false accounts of abuse by the other parent. When repeated, this deception can become accepted fact that replaces the child’s own true experiences – my way or no way. This tactic is not acceptable.  A similar tactic is that the instigator tells a child that they cannot have contact with the innocent parent unless the child admits that he or she abused them. This is a guaranteed losing strategy for the child and the innocent parents. When the child is forced to admit that abuse occurred then the child cannot have further contact. This is called Catch-22, or my way or no way.

False Allegations of Abuse

The problem is that many courts ignore false allegations against fathers and men. False allegations of domestic violence and child abuse are common in family law proceedings and the person making the allegation (predominately female) far too often succeeds. This is a low risk tactic because the courts rarely hold false accusers accountable for their conduct.

I have found that mediators, social workers, police and probation officers extensively quote the accuser and ignore the facts given by the falsely accused person. Worse, they deliberately fabricate statements and then attribute these fabricated statements to the falsely accused party. I have seen sixty-three (63) separate occurrences where such persons used the same text and just filled in the blanks, changing only the name. Many judges fail to act in good faith and sometimes courts alter signed documents and testimony given under an oath of truthfulness.

The core of this issue is that one spouse wants to control the other through child custody and the money and the property they gain to receive. A key factor in false allegations of spousal abuse and in Parental Alienation Syndrome is that the controlling party is incapable of civility and truthfulness about their partner. These abusers are selfish and do not care what their spouse or children feel.

A false accusation can give an abusive woman exclusive control of the children and the property.  This gives them a nearly insurmountable advantage in the legal system. Our misandrious courts often treat innocent males as the guilty party and do not require proof that an accusation is true.  The problem is that false allegations of abuse, even when recanted or proven false, can devastatingly affect the victim and their children.  This can bring about permanent physical, emotional, and economic effects.  The problem is that those who lie or abet such conduct are rarely punished.

So with a stroke of a pen, a female can get her spouse out of her life and assure herself of control of the children. That power extends to her control of her husband, his earnings, and his property. Our support laws are structured to account for household income rather than the ex-husband’s income alone. Child support is taxable to the payer and not the recipient. With those so easily made signatures. The ex-wife can increase her tax-free income from combined incomes of her former husband and his current spouse or a live-in partner.

The problem is exacerbated in states having high child support guidelines, high wages, and high cost of living. Higher wages bring higher tax rates yet most payers of child support cannot claim children as dependents. Moving to other states that have a lower cost of living is not an option for non custodial parents because court ordered child support payments remain unchanged. Worse, moving to another region with a lower cost of living may trigger a court review that increases child support payments.

Custodial parents can often improve their living standard by moving to states or regions that have a lower cost of living and still collect the same court ordered tax-free child support payments. Child support payments are often based on the extent of contact that the non custodial parent has with their child (or children). Moving away and false accusations are tactics that have exacted larger child support payments.

Read more about PAS here: Link

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THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION


Source: HCCH

The States signatory to the present Convention,

Firmly convinced that the interests of children are of paramount importance in matters relating to their custody,

Desiring to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure protection for rights of access,

Have resolved to conclude a Convention to this effect, and have agreed upon the following provisions –

 

chapter i – scope of the convention

Article 1

The objects of the present Convention are –

a)   to secure the prompt return of children wrongfully removed to or retained in any Contracting State; and
b)   to ensure that rights of custody and of access under the law of one Contracting State are effectively respected in the other Contracting States.

Article 2

Contracting States shall take all appropriate measures to secure within their territories the implementation of the objects of the Convention. For this purpose they shall use the most expeditious procedures available.

Article 3

The removal or the retention of a child is to be considered wrongful where –

a)   it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and
b)   at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.

The rights of custody mentioned in sub-paragraph a) above, may arise in particular by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.

Article 4

The Convention shall apply to any child who was habitually resident in a Contracting State immediately before any breach of custody or access rights. The Convention shall cease to apply when the child attains the age of 16 years.

Article 5

For the purposes of this Convention –

a)   “rights of custody” shall include rights relating to the care of the person of the child and, in particular, the right to determine the child’s place of residence;
b)   “rights of access” shall include the right to take a child for a limited period of time to a place other than the child’s habitual residence.

 

chapter ii – central authorities

Article 6

A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention upon such authorities.

Federal States, States with more than one system of law or States having autonomous territorial organisations shall be free to appoint more than one Central Authority and to specify the territorial extent of their powers. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which applications may be addressed for transmission to the appropriate Central Authority within that State.

Article 7

Central Authorities shall co-operate with each other and promote co-operation amongst the competent authorities in their respective States to secure the prompt return of children and to achieve the other objects of this Convention.

In particular, either directly or through any intermediary, they shall take all appropriate measures –

a)   to discover the whereabouts of a child who has been wrongfully removed or retained;
b)   to prevent further harm to the child or prejudice to interested parties by taking or causing to be taken provisional measures;
c)   to secure the voluntary return of the child or to bring about an amicable resolution of the issues;
d)   to exchange, where desirable, information relating to the social background of the child;
e)   to provide information of a general character as to the law of their State in connection with the application of the Convention;
f)    to initiate or facilitate the institution of judicial or administrative proceedings with a view to obtaining the return of the child and, in a proper case, to make arrangements for organising or securing the effective exercise of rights of access;
g)   where the circumstances so require, to provide or facilitate the provision of legal aid and advice, including the participation of legal counsel and advisers;
h)   to provide such administrative arrangements as may be necessary and appropriate to secure the safe return of the child;
i)     to keep each other informed with respect to the operation of this Convention and, as far as possible, to eliminate any obstacles to its application.

 

chapter iii – return of children

Article 8

Any person, institution or other body claiming that a child has been removed or retained in breach of custody rights may apply either to the Central Authority of the child’s habitual residence or to the Central Authority of any other Contracting State for assistance in securing the return of the child.

The application shall contain –

a)   information concerning the identity of the applicant, of the child and of the person alleged to have removed or retained the child;
b)   where available, the date of birth of the child;
c)   the grounds on which the applicant’s claim for return of the child is based;
d)   all available information relating to the whereabouts of the child and the identity of the person with whom the child is presumed to be.

The application may be accompanied or supplemented by –

e)   an authenticated copy of any relevant decision or agreement;
f)    a certificate or an affidavit emanating from a Central Authority, or other competent authority of the State of the child’s habitual residence, or from a qualified person, concerning the relevant law of that State;
g)   any other relevant document.

Article 9

If the Central Authority which receives an application referred to in Article 8 has reason to believe that the child is in another Contracting State, it shall directly and without delay transmit the application to the Central Authority of that Contracting State and inform the requesting Central Authority, or the applicant, as the case may be.

Article 10

The Central Authority of the State where the child is shall take or cause to be taken all appropriate measures in order to obtain the voluntary return of the child.

Article 11

The judicial or administrative authorities of Contracting States shall act expeditiously in proceedings for the return of children.

If the judicial or administrative authority concerned has not reached a decision within six weeks from the date of commencement of the proceedings, the applicant or the Central Authority of the requested State, on its own initiative or if asked by the Central Authority of the requesting State, shall have the right to request a statement of the reasons for the delay. If a reply is received by the Central Authority of the requested State, that Authority shall transmit the reply to the Central Authority of the requesting State, or to the applicant, as the case may be.

Article 12

Where a child has been wrongfully removed or retained in terms of Article 3 and, at the date of the commencement of the proceedings before the judicial or administrative authority of the Contracting State where the child is, a period of less than one year has elapsed from the date of the wrongful removal or retention, the authority concerned shall order the return of the child forthwith.

The judicial or administrative authority, even where the proceedings have been commenced after the expiration of the period of one year referred to in the preceding paragraph, shall also order the return of the child, unless it is demonstrated that the child is now settled in its new environment.

Where the judicial or administrative authority in the requested State has reason to believe that the child has been taken to another State, it may stay the proceedings or dismiss the application for the return of the child.

Article 13

Notwithstanding the provisions of the preceding Article, the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution or other body which opposes its return establishes that –

a)   the person, institution or other body having the care of the person of the child was not actually exercising the custody rights at the time of removal or retention, or had consented to or subsequently acquiesced in the removal or retention; or
b)   there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.

The judicial or administrative authority may also refuse to order the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views.

In considering the circumstances referred to in this Article, the judicial and administrative authorities shall take into account the information relating to the social background of the child provided by the Central Authority or other competent authority of the child’s habitual residence.

Article 14

In ascertaining whether there has been a wrongful removal or retention within the meaning of Article 3, the judicial or administrative authorities of the requested State may take notice directly of the law of, and of judicial or administrative decisions, formally recognised or not in the State of the habitual residence of the child, without recourse to the specific procedures for the proof of that law or for the recognition of foreign decisions which would otherwise be applicable.

Article 15

The judicial or administrative authorities of a Contracting State may, prior to the making of an order for the return of the child, request that the applicant obtain from the authorities of the State of the habitual residence of the child a decision or other determination that the removal or retention was wrongful within the meaning of Article 3 of the Convention, where such a decision or determination may be obtained in that State. The Central Authorities of the Contracting States shall so far as practicable assist applicants to obtain such a decision or determination.

Article 16

After receiving notice of a wrongful removal or retention of a child in the sense of Article 3, the judicial or administrative authorities of the Contracting State to which the child has been removed or in which it has been retained shall not decide on the merits of rights of custody until it has been determined that the child is not to be returned under this Convention or unless an application under this Convention is not lodged within a reasonable time following receipt of the notice.

Article 17

The sole fact that a decision relating to custody has been given in or is entitled to recognition in the requested State shall not be a ground for refusing to return a child under this Convention, but the judicial or administrative authorities of the requested State may take account of the reasons for that decision in applying this Convention.

Article 18

The provisions of this Chapter do not limit the power of a judicial or administrative authority to order the return of the child at any time.

Article 19

A decision under this Convention concerning the return of the child shall not be taken to be a determination on the merits of any custody issue.

Article 20

The return of the child under the provisions of Article 12 may be refused if this would not be permitted by the fundamental principles of the requested State relating to the protection of human rights and fundamental freedoms.

 

chapter iv – rights of access

Article 21

An application to make arrangements for organising or securing the effective exercise of rights of access may be presented to the Central Authorities of the Contracting States in the same way as an application for the return of a child.

The Central Authorities are bound by the obligations of co-operation which are set forth in Article 7 to promote the peaceful enjoyment of access rights and the fulfilment of any conditions to which the exercise of those rights may be subject. The Central Authorities shall take steps to remove, as far as possible, all obstacles to the exercise of such rights.

The Central Authorities, either directly or through intermediaries, may initiate or assist in the institution of proceedings with a view to organising or protecting these rights and securing respect for the conditions to which the exercise of these rights may be subject.

 

chapter v – general provisions

Article 22

No security, bond or deposit, however described, shall be required to guarantee the payment of costs and expenses in the judicial or administrative proceedings falling within the scope of this Convention.

Article 23

No legalisation or similar formality may be required in the context of this Convention.

Article 24

Any application, communication or other document sent to the Central Authority of the requested State shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the requested State or, where that is not feasible, a translation into French or English.

However, a Contracting State may, by making a reservation in accordance with Article 42, object to the use of either French or English, but not both, in any application, communication or other document sent to its Central Authority.

Article 25

Nationals of the Contracting States and persons who are habitually resident within those States shall be entitled in matters concerned with the application of this Convention to legal aid and advice in any other Contracting State on the same conditions as if they themselves were nationals of and habitually resident in that State.

Article 26

Each Central Authority shall bear its own costs in applying this Convention.

Central Authorities and other public services of Contracting States shall not impose any charges in relation to applications submitted under this Convention. In particular, they may not require any payment from the applicant towards the costs and expenses of the proceedings or, where applicable, those arising from the participation of legal counsel or advisers. However, they may require the payment of the expenses incurred or to be incurred in implementing the return of the child.

However, a Contracting State may, by making a reservation in accordance with Article 42, declare that it shall not be bound to assume any costs referred to in the preceding paragraph resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.

Upon ordering the return of a child or issuing an order concerning rights of access under this Convention, the judicial or administrative authorities may, where appropriate, direct the person who removed or retained the child, or who prevented the exercise of rights of access, to pay necessary expenses incurred by or on behalf of the applicant, including travel expenses, any costs incurred or payments made for locating the child, the costs of legal representation of the applicant, and those of returning the child.

Article 27

When it is manifest that the requirements of this Convention are not fulfilled or that the application is otherwise not well founded, a Central Authority is not bound to accept the application. In that case, the Central Authority shall forthwith inform the applicant or the Central Authority through which the application was submitted, as the case may be, of its reasons.

Article 28

A Central Authority may require that the application be accompanied by a written authorisation empowering it to act on behalf of the applicant, or to designate a representative so to act.

Article 29

This Convention shall not preclude any person, institution or body who claims that there has been a breach of custody or access rights within the meaning of Article 3 or 21 from applying directly to the judicial or administrative authorities of a Contracting State, whether or not under the provisions of this Convention.

Article 30

Any application submitted to the Central Authorities or directly to the judicial or administrative authorities of a Contracting State in accordance with the terms of this Convention, together with documents and any other information appended thereto or provided by a Central Authority, shall be admissible in the courts or administrative authorities of the Contracting States.

Article 31

In relation to a State which in matters of custody of children has two or more systems of law applicable in different territorial units –

a)      any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit of that State;
b)      any reference to the law of the State of habitual residence shall be construed as referring to the law of the territorial unit in that State where the child habitually resides.

Article 32

In relation to a State which in matters of custody of children has two or more systems of law applicable to different categories of persons, any reference to the law of that State shall be construed as referring to the legal system specified by the law of that State.

Article 33

A State within which different territorial units have their own rules of law in respect of custody of children shall not be bound to apply this Convention where a State with a unified system of law would not be bound to do so.

Article 34

This Convention shall take priority in matters within its scope over the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors, as between Parties to both Conventions. Otherwise the present Convention shall not restrict the application of an international instrument in force between the State of origin and the State addressed or other law of the State addressed for the purposes of obtaining the return of a child who has been wrongfully removed or retained or of organising access rights.

Article 35

This Convention shall apply as between Contracting States only to wrongful removals or retentions occurring after its entry into force in those States.

Where a declaration has been made under Article 39 or 40, the reference in the preceding paragraph to a Contracting State shall be taken to refer to the territorial unit or units in relation to which this Convention applies.

Article 36

Nothing in this Convention shall prevent two or more Contracting States, in order to limit the restrictions to which the return of the child may be subject, from agreeing among themselves to derogate from any provisions of this Convention which may imply such a restriction.

 

chapter vi – final clauses

Article 37

The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Fourteenth Session.

It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands.

Article 38

Any other State may accede to the Convention.

The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands.

The Convention shall enter into force for a State acceding to it on the first day of the third calendar month after the deposit of its instrument of accession.

The accession will have effect only as regards the relations between the acceding State and such Contracting States as will have declared their acceptance of the accession. Such a declaration will also have to be made by any Member State ratifying, accepting or approving the Convention after an accession. Such declaration shall be deposited at the Ministry of Foreign Affairs of the Kingdom of the Netherlands; this Ministry shall forward, through diplomatic channels, a certified copy to each of the Contracting States.

The Convention will enter into force as between the acceding State and the State that has declared its acceptance of the accession on the first day of the third calendar month after the deposit of the declaration of acceptance.

Article 39

Any State may, at the time of signature, ratification, acceptance, approval or accession, declare that the Convention shall extend to all the territories for the international relations of which it is responsible, or to one or more of them. Such a declaration shall take effect at the time the Convention enters into force for that State.

Such declaration, as well as any subsequent extension, shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands.

Article 40

If a Contracting State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.

Any such declaration shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and shall state expressly the territorial units to which the Convention applies.

Article 41

Where a Contracting State has a system of government under which executive, judicial and legislative powers are distributed between central and other authorities within that State, its signature or ratification, acceptance or approval of, or accession to this Convention, or its making of any declaration in terms of Article 40 shall carry no implication as to the internal distribution of powers within that State.

Article 42

Any State may, not later than the time of ratification, acceptance, approval or accession, or at the time of making a declaration in terms of Article 39 or 40, make one or both of the reservations provided for in Article 24 and Article 26, third paragraph. No other reservation shall be permitted.

Any State may at any time withdraw a reservation it has made. The withdrawal shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands.

The reservation shall cease to have effect on the first day of the third calendar month after the notification referred to in the preceding paragraph.

Article 43

The Convention shall enter into force on the first day of the third calendar month after the deposit of the third instrument of ratification, acceptance, approval or accession referred to in Articles 37 and 38.

Thereafter the Convention shall enter into force –

(1)  for each State ratifying, accepting, approving or acceding to it subsequently, on the first day of the third calendar month after the deposit of its instrument of ratification, acceptance, approval or accession;
(2)  for any territory or territorial unit to which the Convention has been extended in conformity with Article 39 or 40, on the first day of the third calendar month after the notification referred to in that Article.

Article 44

The Convention shall remain in force for five years from the date of its entry into force in accordance with the first paragraph of Article 43 even for States which subsequently have ratified, accepted, approved it or acceded to it.

If there has been no denunciation, it shall be renewed tacitly every five years.

Any denunciation shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands at least six months before the expiry of the five year period. It may be limited to certain of the territories or territorial units to which the Convention applies.

The denunciation shall have effect only as regards the State which has notified it. The Convention shall remain in force for the other Contracting States.

Article 45

The Ministry of Foreign Affairs of the Kingdom of the Netherlands shall notify the States Members of the Conference, and the States which have acceded in accordance with Article 38, of the following –

(1)  the signatures and ratifications, acceptances and approvals referred to in Article 37;
(2)  the accessions referred to in Article 38;
(3)  the date on which the Convention enters into force in accordance with Article 43;
(4)  the extensions referred to in Article 39;
(5)  the declarations referred to in Articles 38 and 40;
(6)  the reservations referred to in Article 24 and Article 26, third paragraph, and the withdrawals referred to in Article 42;
(7)  the denunciations referred to in Article 44.

 

In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.

Done at The Hague, on the 25th day of October, 1980, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States Members of the Hague Conference on Private International Law at the date of its Fourteenth Session.

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One key to ABP World Group`s successful recovery and re-unification of your loved one is to use all necessary means available

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Join the Facebook Group: International Parental Child Abduction

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

Arabisk vår fører med seg barnebortføring


Kilde: Bortført.no

Den arabiske våren har ført til regimeskifte i Tunisia, Egypt og Libya. Demokratiseringen brer seg også over de andre arabiske landene i Nord-Afrika og Vest-Asia. Noen statsledere har vært villige til å støtte demokratiseringsprosessene i frykt for å miste alt.

Kong Mohammed VI av Marokko har støttet endringer grunnloven, som har ført til at regjering og parlament har fått betydelig mer makt. Den arabiske demokratiseringen innebærer at mange politiske flyktninger bosatt vesten nå vender tilbake; en uheldig konsekvens er flere barnebortføringer.

6 år gamle Lucas fra Narvik ble i desember bortført av sin libyske far, og moren frykter at gutten befinner seg i byen Misrata. Martin Waage (bildet), sjef i sikkerhetsselskapet ABP World Group, sier til Nettavisen 06.01.12 at vi vil se en økning med langt flere barnebortføringer til disse landene. Waage, som har spesialisert seg på hjemhenting av bortførte barn, påpeker også at det i disse landene er vanskelig å oppnå resultater ved bruk av de vanlige juridiske prosessene.

I dag er det flest kvinner som bortfører barn fra Norge, og i hovedsak til europeiske land. Årsaken til at kvinner dominerer statistikken ligger at myndighetene pålegger norsk fedre å betale bidrag til barnebortføreren, mens mødre slipper den økonomiske belastningen. Bortføringene til arabiske land blir i hovedsak utført av fedre. Mennene oppnår altså ingen økonomisk gevinst, slik kvinnelige bortførere gjør, men fedre fra denne delen av verden er svært kulturelt og religiøst motivert til å styre barnas oppvekst.

I Norge bor det 329 innvandrere fra Libya, 1 097 fra Tunisia, 882 fra Egypt og 8 305 fra Marokko.

Les mer om barnebortføring på: Bortført.no

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One key to ABP World Group`s successful recovery and re-unification of your loved one is to use all necessary means available

Contact us here: Mail

Join the Facebook Group: International Parental Child Abduction

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

Raising Awareness of Parental Alienation and Hostile Aggressive Parenting


Source: Parental alienation Awareness Organization (PAAO)

This is Parental Alienation ( PAS)

Did You Know That…
Parental Alienation is a form of Child Abuse? 

Parental alienation (or Hostile Aggressive Parenting) is a group of behaviors that are damaging to children’s mental and emotional well-being, and can interfere with a relationship of a child and either parent. These behaviors most often accompany high conflict marriages, separation or divorce.

These behaviors whether verbal or non-verbal, cause a child to be mentally manipulated or bullied into believing a loving parent is the cause of all their problems, and/or the enemy, to be feared, hated, disrespected and/or avoided.

Parental alienation and hostile aggressive parenting deprive children of their right to be loved by and showing love for both of their parents. The destructive actions by an alienating parent or other third person (like another family member, or even a well meaning mental health care worker) can become abusive to the child – as the alienating behaviors are disturbing, confusing and often frightening, to the child, and can rob the child of their sense of security and safety leading to maladaptive emotional or psychiatric reactions.

Most people do not know about Parental Alienation and Hostile Aggressive Parenting until they experience it. Parental Alienation Awareness is put forth to help raise awareness about the growth in the problem of targeting children and their relationship in healthy and loving parent/child bond.

You can also find more information about parental alienation here: A Family`s Heartbreak

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One key to ABP World Group`s successful recovery and re-unification of your loved one is to use all necessary means available

Contact us here: Mail

Join the Facebook Group: International Parental Child Abduction

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

Father waits to hear from daughter in 1993 parental abduction case


Source: Alberni Valley Times

Published: Tuesday, December 06, 2011

Joe Chisholm has been told that the daughter he has not seen since May 13, 1993, wants to contact him.

Counsellors with the Canadian Centre for Child Protection told Chisholm that his daughter, Sigourney Teresa Chisholm, who grew up in Victoria under the assumed identity of Thea Whelan, is doing okay, but is still in shock.

On Thursday, her mother, Patricia Joan O’Byrne, 54, was arrested at home by Victoria police, who were working with the Toronto Police Service to solve an 18-year-old parental abduction case. O’Byrne was known to neighbours and colleagues as Pamela Whelan, a public information officer for the provincial government at several ministries.

On Thursday, Toronto police and counsellors sat down with Thea, who was valedictorian of her 2009 graduating class from Victoria High School. She was told her father had been looking for her for 18 years. Her mother and father had married and lived in Toronto. They separated and had joint custody of her when the mother is accused of disappearing with her, violating a custody order. Thea was 20 months old. At the time, Chisholm had a fouryear-old son, Jesse, from a previous relationship.

A September tip to Calgarybased Missing Children Society of Canada eventually led to O’Byrne’s arrest. She is to appear Monday in Toronto’s College Park courthouse for a bail hearing.

Reached at home Saturday, Chisholm said the child protection counsellors have been doing a great job keeping him in touch with his daughter.

“We’ve been sending little notes and messages to her along the way,” Chisholm said. “They said she was in shock. I mean, we’re still in shock, even though we were prepared for this. Jesse and I are walking on eggshells. She didn’t know everything about her past and more is being revealed, and that’s shocking.”

Chisholm sent Thea a note telling her he was looking forward to meeting her. He also told her he cannot imagine what she’s going through. Chisholm’s parents, Don and Joan, have sent her family photographs and a note.

“She hasn’t responded yet. I’ve heard she wants to. It’s just a matter of time,” Chisholm said. “Everything is indicating she’s just getting ready for that day, whether it’s the weekend or a couple of weeks from now.”

Chisholm said his whole family is beside themselves.

“Every family gathering in the last 18 years has been like a funeral. It’s hard to get all excited and huggy and happy when someone’s missing.”

He hopes his daughter has good friends to help her through her extraordinary situation. Counsellors are continuing to support her, he said.

“They made sure she was talked down and not left to her own devices. She hasn’t done anything wrong. She hasn’t committed a crime. She’s the victim,” said Chisholm. “My biggest concern is that she has all the time she needs.”

Chisholm expressed empathy for his ex-wife and hopes the circumstances will not ruin his daughter’s relationship with her mother. “I mean, she’s a good kid – you’ve got to give her mom credit.”

Chisholm does not plan to attend O’Byrne’s court appearance Monday. He has sent her a message.

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