Four Sisters Abducted By Their Australian Mother From Italy Back in Court


July 10, 2012

Source: fathersforequality

four-sunshine-coast-sisters

THE four girls at the centre of an international custody dispute will be released from foster care to live with their mother pending a High Court hearing in August.

In emotional scenes in the Family Court this afternoon, Justice Peter Murphy ruled the girls be placed in their mother’s care after considering submissions, including that at least one of the sisters had made comments about self harming while in state care.

He said although he was reluctant to make the order, “on balance” returning the sisters to their mother was the better option, citing concerns for their welfare.

He added that it was not the purpose of the hearing to determine whether the mother had a role in the girls’ disappearance in May, when they breached a court order ordering that they return to Italy.

The Department of Communities had opposed the mother’s application, arguing that remaining in foster care was “the lesser of two evils” in the circumstances. The girls’s father had also argued against the release arguing the mother would further “alienate” his daughters from him.

The conditions of the release from foster care are being determined now.

The girls’ mother applied to have the children, aged 9 to 14, released from foster care pending High Court proceedings in August.

Earlier, a teenager at the centre of an international custody dispute has penned an emotional plea, begging to be allowed to live with her mother in Australia. The letter was read out in the Family Court in Brisbane on Friday, where the mother is attempting to regain custody of her four daughters, who are in foster care. It was written by the eldest girl.

“If you ask me there is nothing in the whole world I want more than just to be home with my mum and back at school with my friends again,” the teenager wrote, adding that she wished for “a miracle from God” that it could happen.

The girls have been trying to avoid a Family Court order to return to Italy with their father.

They are not attending school while they await the High Court challenge in August.

The mother’s barrister Dr Jacoba Brash said evidence provided by the girls’ own Department of Communities case workers say the sisters are feeling “nauseous, anxious and dizzy”.

She urged the judge to consider “the reality of the children’s situation” and return them to their mother.

But the Department of Communities said there was a risk the children could go back into hiding if they were placed in the care of their mother.

Earlier this year they hid for more than a week before police found them on the Sunshine Coast.

Barrister James Linklater-Steele said the mother was also poisoning the children’s relationship with their father.

The relationship between he and the girls had improved since they were placed in foster care, he said.

He argued that to return them to the “uncontrolled environment” of their mother’s care would “severely risk the advances that have been made to date”.

Earlier, the Family Court justice dismissed an application to have the girls’ great-aunt appointed legal guardian, noting the sisters had “a voice” in the submissions before him.

However, he ruled the great-aunt, as a potential carer – should the application to have them released prove successful – had the right to be legally represented as an individual at the hearing.

This morning the girls’ mother applied to have the children, aged 9 to 14, released from foster care pending High Court proceedings in August.

The hearing continues.

Miranda Forster, Andrew Macdonald

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Parents urge Clinton to press Japan to take action on child abductions


July 9, 2012

Source: Japantoday

TOKYO —

About 50 foreign and Japanese parents held a rally in Tokyo’s Ginza area on Sunday, urging visiting U.S. Secretary of State Hillary Clinton to call on Japan to ratify The Hague treaty on the issue of child abductions in child-custody disputes.

Although Clinton was not in the vicinity, the group held up signs asking her to press the Noda administration to ratify The Hague treaty and stop child abductions.

In March, the Japanese government submitted a bill to endorse the 1980 Hague Convention on International Child Abduction but there have been no deliberations in the Diet yet, nor has any schedule been set.

The issue has been a long-time source of tension between Japan and many other countries.

Western nations have voiced concern for years over citizens’ struggles to see their half-Japanese children. When international marriages break up, Japanese courts virtually never grant custody to foreign parents, especially men.

Japanese critics of The Hague treaty often charge that women and children need protection from abusive foreign men. Japanese lawmakers are considering making exceptions to the return of children if there are fears of abuse.

If Tokyo ratifies the convention, it would only apply in the future and not to any ongoing cases in which foreign parents are seeking children in Japan.

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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.

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The Financial Cost of Parental Child Abduction


June 9, 2012

Source: Bring Sean Home Foundation, by: Timothy Weinstein

Parental abduction of a child, by itself, is a traumatic event for the left-behind parent. Brazil alone has over 50 cases of abduction from the United States representing over 70 children, my own two included. In addition to the emotional costs the left-behind parent must endure, one must understand the financial costs.

Due to my personal experiences, this article will focus on Brazil.

Consider the case of David Goldman; in the 4 ½ years since his son, Sean, was abducted, he has spent over $360,000 in legal and travel expenses. He is not alone and according to a December 27, 2008 article published in the Financial Post, “[Francois Larivee] has burned through $150,000, and still there is no end in sight.”

Add to this list, Marty Pate who to date has spent over $135,000, Klaus Zensen who has spent $65,000, Alessandra Oliveira is at $30,000 and counting – and the list goes on and on. Yet not one of these parents has their child back home.

From this, it appears rather obvious that the only people winning are the attorneys.

At least one parent, Gary Reilly, whose twin sons were abducted to Brazil in April, 2004, never petitioned for the return of his children due to the perceived cost of litigation. As told in a thread on BringSeanHome.org, when he consulted an attorney, “He also told me that if I went to court, be prepared to pay a minimum of at least $100,000, before anything was decided.” A different attorney in Brazil, when asked what it would cost to present in court a Hague Convention case, quoted $30,000 plus another $20,000 if the case was won. When asked if the definition of winning meant that the child was returned, the answer was “No”. Winning simply meant that the first judge ordered the return of the child, not mentioning the likely rounds of appeals.

How tragic it is that a lack of money rather than a lack of love could keep a parent from their child.

There are however, certain legal strategies one could use to help alleviate the costs of expensive litigation related to a petition under the Hague Convention on the Civil Aspects of International Child Abduction. One such strategy is to sue the abducting parent (and any accomplices) in the United States courts. If you’re lucky enough, they may have assets you can retrieve. Related to this strategy, David Goldman reached a settlement with his child’s grandparents for $150,000 – a lot of money until one considers that he has spent over twice that so far in litigation. Another father, Marty Pate, was awarded $65,000 in U.S. courts, an amount unfortunately, he’ll likely never see. In an unprecedented 2008 ruling in Maryland, Michael Shannon (Shannon-vs-Khalifa), whose two sons were abducted to Egypt was awarded a massive $3 million jury award – upheld on appeal. Yet the sting in the tail is that there are no U.S. assets to make the judgment work; the children are gone and remain overseas with no contact with their father.

It doesn’t have to be this way.

According to Article 26 of the Hague Convention,

“Central Authorities and other public services of Contracting States [think country] 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.”

Although it allows a Contracting State to make a reservation when it accedes to the Convention, thus removing itself from this obligation, Brazil has not.

Article 26 continues by stating,

“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.”

What does all of this mean?

First, a left-behind parent may request an attorney from the AGU [think attorney general] in Brazil. In this instance, the Brazilian government itself becomes the plaintiff and assumes the legal fees. I, along with others, have used this arrangement, leaving precious financial resources available for travel and other expenses rather than legal fees. Please read Tough Decisions for a Left-Behind Parent for a discussion of the advantages and disadvantages in this arrangement.

Second, it allows the left-behind parent to sue in Brazil for all costs they incurred in the fight to have their child returned to his or her habitual residence. This however is predicated on the Brazilian court system first ordering the return of an abducted child to the United States, something the courts have, so far, loathed to do.

Where does this leave us?

Back to the first sentence of this article. While international child abduction is an inexcusable tragedy with a huge emotional bill, averting the financial cost is possible. However, it is highly problematic and there is still no help with a large part of the overall costs which are not legal related – travel, accommodation and simple living expenses – and this assumes you know where your child is to start the process in the first instance.

June, 2012 updates

David Goldman: In December 2009, Sean Goldman was returned to his father. As of the date of this update, litigation continues in both the United States and Brazil and Mr. Goldman has incurred more than $750,000 in legal and travel expenses.

Marty Pate: Having run out of money to pay his attorney, Mr. Pate was unable to file a timely appeal in Brazil. He subsequently filed for bankruptcy in the United States. Mr. Pate then filed a new petition under the Hague Convention on the Civil Aspects of International Child Abduction through the Brazilian Central Authority seeking access rather than return of his daughter, Nicole. With the assistance of the AGU, Mr. Pate successfully negotiated visitation with his daughter. In November 2011, Nicole visited the United States for the first time in more than 5 years.

Francois Larivee: Just prior to the date his case was scheduled to be presented to the Brazilian Supreme Court, Mr. Larivee and his ex-wife were provided an opportunity to attend a “conciliation hearing” to determine if they could reach a mediated agreement. During the conciliation hearing, the child’s mother agreed to return to Canada in return for Mr. Larivee’s ceding custody of the child to her and provisions for extensive financial support. In March 2011, mother and child returned to Canada and Mr. Larivee, through regular visitation, has been permitted to participate in the rearing of his child.

Klaus Zensen: In October 2010, Mr. Zensen reached an agreement with his child’s mother. Although habitual residence would remain in Brazil, his daughter would be permitted to visit him in the United States. However, the child’s mother has yet to obtain a Brazilian passport for the child and the United States has refused to issue to Mr. Zensen a passport for the child without the physical presence of both mother and child. In addition, the State Department’s Office of Children’s Issues has indicated that they are unable to assist Mr. Zensen in obtaining a new passport for his abducted daughter. While Mr. Zensen continues to search for a solution to this matter, he and his daughter participate in regular Skype visitations.

Alessandra Oliveira: In May 2011, Ms. Oliveira’s first daughter was returned to the United States. Her second daughter followed in August 2011. Prior to this, the Brazilian courts had removed the children from their father and placed them in the care of Ms. Oliveira’s brother. Despite this, she still needed to fight in court for another two years for their eventual return.

Read more at Bring Sean Home Foundation

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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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Songs help musician cope with child abduction


Source: soundernews.com

As a 20-year music veteran, Lee Ellefson’s seven previous CDs have always been connected with business. His latest compilation, Galamae, is purely personal though, the result of a difficult time in Lee’s life – the abduction of his young daughter by her mother one-and-a-half years ago.
Named after his daughter, the CD is a collection of work the Gabriola-based musician has compiled over the last two years.
“Writing [the songs] was part of me processing the emotions,” Lee said. “The processing I think was healthy.”
The record is mostly jazz instrumental, Lee’s musical focus over the years, with some Latin influences. He recorded the album at Vancouver Island University where he is a guitar instructor in the music department.


“The writing just came – that wasn’t something I had to force,” Lee said of the process. “It wasn’t something I’d ever planned to do.”
Galamae is now over two years old and Lee has not seen her, nor even a picture of her, since she was taken. He continues to fight his ex-wife in court for custody. Galamae is living in Thailand with her mother who is married to another Canadian man.
“I was a father that was totally psyched about being a father,” said Lee. “My ex removed my child from a healthy situation; there was nothing abusive or dangerous about the life she had…. Her motivations, whatever they were, were selfish.” 
A concert is scheduled for April 12, 7 p.m., at the VIU theatre (building 310) where Lee will take the opportunity to discuss fathers’ rights and the court system. Tickets are available at Gabriola Artworks, Fascinating Rhythm and at the VIU music department for $12 ($10 for students). CDs will be on sale for $10.
“I’m hoping it helps me move forward a bit.”

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Federal Parental Kidnapping Prevention Act – PKPA


Kidnapping by parents encompasses the taking, retention or concealment of a child by a parent, other family member, or their agent, in derogation of the custody rights, including visitation rights, of another parent or family member.  Because of the harmful effects on children, parental kidnapping has been characterized as a form of child abuse.

Congress has enacted civil and criminal laws to address parental kidnapping and interstate and international child custody and visitation disputes.  In 1980, Congress enacted the Federal Parental Kidnapping Prevention Act (PKPA) to resolve persistent problems in interstate child custody practice, and to address the growing problem of parental kidnapping.

The PKPA governs the interstate effect that must be given to child custody determinations made by state courts that exercise jurisdiction consistently with its terms.  Specifically, such custody determinations are entitled to full faith and credit in all states. Under the PKPA, once a ‘home state’ court enters a custody order, that state retains exclusive continuing jurisdiction to modify its order even if the custodial parent and child no longer live in the state, provided there is a basis under state law for custody jurisdiction.  The PKPA does not apply in international cases.

Read more about it here

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Father gets son back after 9-year search


Source: Royalgazette

After nearly a decade of searching, Giovanni Burrows finally has his son back.

Following a court hearing in Jacksonville, Florida, yesterday afternoon, Mr Burrows said he was confident the courts would find in his favour, but added that the financial impact of the prolonged search will cause lingering challenges.

“I just knew this was what was going to happen,” he said. “One battle is now finally over, but there’s now another struggle that has just begun.”

The court decision brought an end to a nine-year search and several hearings about the future of 14-year-old Jasai Swan-Burrows.

Mr Burrows won full custody of Jasai from his ex-wife, Kim Sakena Swan, in 2001.

Ms Swan fled the country with Jasai in 2003, when he was five years old.

Since then, Mr Burrows has dedicated himself to tracking down his son and bringing him back to Bermuda. Every time he thought the search was nearing an end, he struck another roadblock.

Mr Burrows and US authorities tracked Ms Swan down in St Petersburg, Florida last May.

However she and Jasai disappeared on May 11, just before a hearing was scheduled to take place.

According to Clearwater police Jasai asked a caretaker to go to the bathroom and instead met with his mother and fled.

“It seems like every year we would get close, but then something would happen. I would fly to Florida, and they would be gone,” Mr Burrows said.

“We knew they were still in Florida. They really couldn’t go anywhere else, but they kept getting tipped off.”

The search ended Thursday when Ms Swan was arrested in Jacksonville and charged with interference with child custody and parental abduction.

Both Jasai and his younger sister, who was born in the United States, were taken by the authorities.

Mr Burrows flew to Jacksonville for an emergency hearing on Sunday. He hoped to pick up his son and return to the Island, but that was not to be the hearing was adjourned. A second hearing was scheduled for Monday but that too was set back.

Prior to yesterday’s hearing, Mr Burrows said: “Every time I think ‘It’s happening again’. Every day my son disappears again.

“I’m wearing the same clothes I came up here in. All that’s happening now is my debt is growing bigger, but it’s all right. I would go into a million dollars in debt if it meant I would have my son back.”

He said he had no doubt the courts would return his son to him, but after years of hard work and near misses, he found it hard to get excited about the court’s impending decision.

“I have told myself that this is not over until the plane lands in Bermuda,” he said.

Mr Burrows said he has spoken to his son everyday since he arrived in Florida.

“He said he didn’t want to come back to Bermuda without his sister, or without knowing that she was coming soon, so I’ve been doing everything I can to make sure that happens,” he said. “He loves his sister, so I have to do what I can.”

Once back in Bermuda, Mr Burrows has to deal with the bills he has racked up in his nine-year search. Between the flights to and from Florida and the cost of the prolonged legal battle, he has spent about $500,000.

Even yesterday he was unsure as to how he was going afford to get back to Bermuda. His best option was to rent a car and drive with Jasai to Miami in hopes of getting less expensive airfare for his teenage son.

“I have maxed out all my credit cards; I have sold possessions,” he said. “The bank is helping me pay my lawyer, who was kind enough to offer me a reduced rate, but that’s something I will have to pay back.

“I’m renting a place that has a loft for my son, but that’s up for sale now so they could make us move out. All I want is for my son to be happy and stable.

“I’ve sent a letter to the Premier, to the Government, asking if they might be able to help me buy some sort of house, a fixer-upper, so I can have a stable home for my son.”

He hoped others might be able to learn from what happened to him, he added. Since his story has come out others in similar situations have come to him asking for advice.

“One man contacted me on Facebook in pretty much the same situation so I told him who he should contact and what he needed to do,” he said. “I felt a little jealous because he was able to get his son back a week later while I’ve been working for ten years, but it felt good to know that I helped someone.”

The long search

2001: Giovanni Burrows is granted full custody of his son, Jasai Swan-Burrows. Jasai’s mother, Kim Sakena Swan, is allowed to see their son on weekends.
January 18, 2003: Ms Swan leaves Bermuda on a flight to Atlanta, taking five-year-old Jasai with her. She lists Stone Mountain, Georgia, as her intended final destination on her departure card.
September 2006: Mr Burrows moves to the United States to search for his son, spending a year speaking with media outlets, the British Consulate and the National Center for Missing and Exploited Children. The search leads Mr Burrows to St Petersburg, Florida, but all he found was an empty residence with pictures and other paraphernalia left behind. He eventually returns to Bermuda empty-handed.
May 2011: Authorities find Ms Swan and Jasai, now 13 years old, living in a homeless hostel in St Petersburg. Mr Burrows flies to Florida and, for the first time in more than eight years, gets to spend time with his son.
May 11, 2011: A hearing is held in Clearwater to return Jasai to Bermuda. However just before the hearing, Jasai leaves his caretaker and secretly meets and leaves with his mother.
February 2, 2012: Ms Swan is arrested in Jacksonville, Florida, and charged with interference with child custody and parental abduction.
February 7, 2012:Jacksonville courts return Jasai to Mr Burrows, allowing him to return to Bermuda.

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Danmark: Børn blev bortført til Færøerne


Kilde: NordJyske.dk

Aalborgensisk far kæmper en årelang kamp med de færøske myndigheder for at få sine børn hjem til Danmark.

Jesper Dahlin kæmper en hård kamp mod de færøske sociale myndigheder, der ikke vil udlevere hans børn til ham. Selvom han har rettens ord for, at forældremyndigheden er hans alene og børnene kun tvangsfjernet fra deres mor.

En morgen i sommeren 2010 er Jesper Dahlins børn og kone pludselig væk fra rækkehuset på Skelagervej i Aalborg.

Skabene står åbne, og der er kun pakket det mest nødvendige. Det er gået hurtigt. Det viser sig, at konen har taget børnene med til Færøerne uden faderens samtykke. Moderen ville skabe sig en ny tilværelse i sin hjemby Tvøroyri sammen med børnene, men uden faderen.

Kort efter moderen tog af sted med børnene, melder Jesper Dahlin sagen som bortførelse til både Nordjyllands Politi, Statsforvaltningen i Nordjylland, Udenrigsministeriet og Aalborg Kommune.

Sag hos fogeden

Reglerne er sådan, at man ikke må tage et barn med til et andet land, hvis ikke begge forældre er enige. Men de forskellige instanser i Danmark har ikke mulighed for at hjælpe med at få børnene hjem igen. Derfor må Jesper Dahlin i stedet kontakte myndighederne på Færøerne for at oprette en fogedsag og få børnene udleveret til Danmark.

Det er kun fogeden på Færøerne, der har myndighed til at tvangsudlevere børn. Og efter et møde i fogedretten beslutter fogeden, at den yngste dreng skal blive hos moderen, da hun har delt forældremyndighed over ham.

Jesper Dahlin er ikke selv med til mødet og har derfor ikke mulighed for at gøre indsigelser. Og det viser sig at få stor betydning for det videre forløb. Fogeden beslutter nemlig også, at Jesper Dahlin skal gennemgå en børnesagkyndig undersøgelse, da moderen i fogedretten har sagt, at han har et alkoholproblem. Så i stedet for at sende den 10-årige dreng hjem til faderen, bliver beslutningen udsat. Også selvom faderen har den fulde forældremyndighed over den ældste dreng.

Moderen anlægger sag

Samtidig med, at faderens fogedsag om at få børnene udleveret går i gang, anlægger moderen en anden sag for at få fuld forældremyndighed over begge børn. Denne sag foregår i byretten og begynder september 2010.

Imens bliver børnene boende hos moderen på øen Suðuroy på Færøerne, lige indtil de sociale myndigheder i skikkelse af det lokale Børneværnet og den overordnede myndighed Hovedbørneværnet i december 2010 tvangsfjerner begge børn og anbringer dem hos en plejefamilie i Kollafjørður uden for Tórshavn. Det sker med hjemmel i den færøske Børneværnsloven, fordi det vurderes, at børnenes sjælelige eller legemlige udvikling er i fare hos moderen.

Trods talrige forsøg på at få byretten til at komme med en afgørelse, går der næsten otte måneder, før Jesper Dahlin får svar. Afgørelsen falder nemlig først i marts 2011 med det resultat, at faderen bliver tildelt fuld forældremyndighed over begge børn.

Moderen anker – børn bliver

Samtidig bliver fogedrettens sag afgjort, og den falder også ud til Jesper Dahlins fordel. Børnene skal med faderen hjem – også selvom afgørelsen bliver anket af moderen.

Og det er præcis, hvad der sker. Moderen anker efterfølgende byrettens afgørelse om forældremyndighed til landsretten. Og samtidig ophæver landsretten automatisk fogedrettens afgørelse og tillader ikke børnene at rejse med faderen hjem. De skal blive i familiepleje.

På dette tidspunkt har faderens hjemkommune, Aalborg, skriftligt bekræftet, at børnenes ve og vel vil blive varetaget i Danmark.

– Jeg kan ikke se, hvor de færøske myndigheder har hjemmel til ikke at udlevere børnene, når nu Aalborg Kommune skriver, de vil træffe foranstaltninger for Jesper og børnene, når de kommer hertil. Og jeg forstår det heller ikke, når han nu har forældremyndigheden over dem begge, siger Pia Egsgaard, der er Jesper Dahlins danske advokat.

Moderen har ved afrejsen til Færøerne stadig delt forældremyndighed over den yngste dreng på dengang to år, mens Jesper Dahlin alene har forældremyndigheden over det ældste barn, en dreng på ti år.

Børnenes tarv

Men det, at både fogedret og byret dømmer til fordel for Jesper Dahlin på alle punkter, får ikke Hovedbørneværnet til at agere anderledes og tillade, at børnene forlader deres plejefamilie og rejser med faderen hjem.

Forklaringen skal findes i den måde, Børneværnet og Hovedbørneværnet på Færøerne arbejder på. Det mener Jesper Dahlins færøske advokat Hans Trygvi Teirin.

– Hovedbørneværnet har myndighed til at tvivle på alt. Som jeg har oplevet det, så kaster Hovedbørneværnet sig over en mor eller far lige efter en domsafsigelse uanset udfaldet. De mener, de er i deres gode ret til at bestemme, hvad der er bedst for børnene, siger Hans Trygvi Teirin.

Det er en af grundene til, at Jesper Dahlin i april 2011 ikke får sine børn med hjem efter to afgørelser, der går hans vej.

Vandt også i landsretten

Hovedbørneværnet tvivler stadig. Selv efter undersøgelsen af faderen, som er blevet foretaget af en børnekyndig psykolog. Den undersøgelse konkluderer, at han er i stand til at tage vare på sine børn.

Også efter, at Aalborg Kommune har sagt, at den gerne vil hjælpe familien.

I august 2011 kommer sagen i landsretten, og igen vinder Jesper Dahlin. Men heller ikke her, vil Hovedbørneværnet tillade en udlevering af børnene. Nu skal faderen gennem en månedlang forældre-egnethedsprøve.

Hovedbørneværnet aflyser

Det indvilger Jesper Dahlin i, og aftalen bliver, at han skal installeres i en lejlighed med børnene, som Hovedbørneværnet kan overvåge.

Det bekræfter Jesper Dahlins advokat, Pia Egsgaard, der var med på Færøerne i august sidste år.

– Efter rettens afgørelse aftalte vi med Hovedbørneværnet, at Jesper Dahlin skulle komme tilbage til Færøerne i september og bo i en lejlighed sammen med børnene og samtidig få foretaget en forældre-egnethedsprøve. Noget jeg anbefalede, da det er sådan, Hovedbørneværnet i Færøerne arbejder på. Aftalen betød, at han inden jul, ville kunne få børnene med hjem igen, siger Pia Egsgaard.

Men i oktober sidste år får Jesper Dahlin et brev fra Hovedbørneværnet, som aflyser aftalen. Samtidig får han at vide, at børnenes ophold hos plejefamilien nu er forlænget til udgangen af marts 2012.

– De bliver ved med at trække sagen ud og gøre alt for, at jeg ikke får mine børn hjem igen. Jeg har været samarbejdsvillig hele vejen igennem, men hver gang har Børneværnet forhalet sagsbehandlingen, siger Jesper Dahlin.

Hovedbørneværnet har nu indkaldt Jesper Dahlin til en ny forældre-egnethedsprøve, som skal foretages i Tórshavn fra den 17.-23. januar.

Og i Danmark undrer advokaten sig.- Jeg forstår ikke, hvad der sker deroppe. Jeg opfatter det sådan, at Børneværnet bestemmer, hvordan de vil have det. Og så er de ligeglade med, at vi i Danmark siger noget andet, siger Pia Egsgaard.

Stadig tvivl

Om prøven betyder, han får børnene med hjem eller ej, ved han ikke. Men så meget ved han:

– Det har været en forfærdelig tid. Det har været umuligt at få myndighederne deroppe i tale, og jeg har bare måttet vente. Nu vil jeg bare have den prøve overstået, så jeg kan få drengene hjem, siger Jesper Dahlin.

Han frygter dog, at børnenes halvandet år lange ophold på Færøerne får betydning for, om han overhovedet får lov til at få dem hjem igen.

Uanset udfaldet af forældre-egnethedsprøven, så har Folketingets Ombudsmand nu fået en klage fra Jesper Dahlin og fem andre, der har lignende problemer med de færøske regler på socialområdet. Det gennemgående tema for klagerne er, at de færøske myndigheder kører deres eget løb og ikke retter sig efter danske afgørelser.

De færøske myndigheder har ikke ønsket at udtale sig om sagen.

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DE BORTFØRTE BØRN SET AF 1,2 MILLIONER – Tv 2 i aften


Kilde: dfi.dk

Seerne tog særdeles godt imod TV 2’s nye dokumentarserie “De bortførte børn”, der er støttet af Public Service Puljen.

Janus Nabil Bakrawi

1.224.000 seere kiggede med, da Lars Højs dokumentarserie “De bortførte børn” havde premiere mandag aften på TV 2. Det første afsnit opnåede en share på 46 og seervurdering på 4,3.

I serien går skuespilleren Janus Nabil Bakrawi sammen med TV 2 ind i fire sager om børn, der er bortført. Mandag aften gik jagten efter den syvårige pige Diana, der blev bortført af sin far. Hun havde været væk i fem måneder, da moren Nadia Larsen fik at vide, at politiet ikke havde tid til at finde hendes datter.

Også flere politikere så med og kræver nu, at der skal sættes ekstra ind for at finde børn, der bliver bortført af en forælder til udlandet. Læs de politiske reaktioner på TV 2 Nyhederne

“De bortførte børn” er tilrettelagt af Lars Høj og Nikolaj Venge for Dokumentar Kompagniet. Serien har modtaget støtte fra Public Service Puljen.

De fire næste afsnit af “De bortførte børn” bliver sendt om mandagen kl. 20.00 på TV 2.

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

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