There were 64 cases of children being abducted from Ireland last year


September 12 , 2014

Source: thejournal.ie

THE DEPARTMENT OF JUSTICE dealt with 109 new cases of child abduction last year, 45 relating to children entering the country and 64 leaving.

Little_Irish_Girl

The department acts as the Central Authority for International Child Abduction and its annual report says that, in total, they dealt with 208 new cases last year.

This total also includes cases of  care orders and access applications as well as international child placements.

Including ongoing cases, the authority dealt with a total of 346 cases in 2013.

The abductions related primarily to suspected parental child abductions according to Minister for Justice Frances Fitzgerald.

“Parental child abduction is a growing problem globally reflecting the greater mobility of people around the world and all the consequences of this,” she said today.

Ireland is no different and it is important that we are proactive in working with central authorities in other states in resolving complaints regarding international parental child abductions where they arise.

About half of the cases dealt with last year related to abductions to or from the United Kingdom.

Of the 138 ongoing cases of child abduction, 51 were incoming and 87 were outgoing.

Upon the publication of the report, Fitzgerald said that she hoped many cases could be resolved by families themselves but added that, in most cases, legal remedies are required.

“The resolution of issues around parental child abduction is usually by international law,” she said. “But I would encourage any family to try to resolve their differences before such situations arise and avail of the services available to mediate solutions in the best interest of the children and all those involved.”

Fitzgerald advised families that the Family Mediation Service in the Legal Aid Board can help families reach agreement without having to resort to court.

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US Congress acts to prevent international child abductions


29 August , 2014

Source: nation.com 

WASHINGTON : Congress gave its final approval Friday to legislation that compels US authorities to assist American mothers and fathers whose children are victims of international parental abductions.

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More than 1,000 international child abductions each year are reported to the State Department, with children often taken illegally from the United States by a foreign parent to countries like Brazil, England, India, Japan and Russia. Most of them are not returned.
By simple voice vote, the House of Representatives approved the Sean and David Goldman International Child Abduction Prevention and Return Act, named after son Sean who, through an intense US diplomatic intervention, was returned to his New Jersey home years after being taken to Brazil by his mother.
The bill passed the House last December, but the Senate tweaked it and approved its version last week. The House on Friday passed the final legislation and it now goes to President Barack Obama for his signature.
The international Hague Convention on child abductions provides a civil framework for speeding the return of children, but the rules are not consistently enforced.
The Goldman act, first drafted in 2009, “ensures that (American parents) will now receive significant help from the US government in their fights to recover their children,” said House Republican Chris Smith, who wrote the original legislation.
“With this bill, for the first time ever, parents with children held in non-Hague countries can work with the State Department. They won’t be on their own, far from the United States, desperately trying to get their children back.”
The law, once signed, would call for increasingly severe steps taken by US authorities if a foreign government does not cooperate in helping resolve abduction cases, beginning with diplomatic demarches and escalating to cancellations of official visits, suspension of economic aid, and formal requests for extradition of individuals engaged in abductions.
It would also urge the administration to forge bilateral agreements with Hague Convention and non-Hague Convention countries to help locate and return abducted children and protect access rights for the “left-behind” parent. “These abductions are a form of child abuse and a human rights violation,” Smith said.

 

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Court-appointed visitation supervisor charged in parental abduction case


August 29, 2013

Source: The Republic.com

AUGUSTA, Maine — A Maine woman appointed by a court to supervise a visit between a mother and children has been charged with two counts of endangering the welfare of a child after the mother and kids fled the state.

teacher_child

Jennifer Dore of Benton was the court-appointed visitation supervisor for Bethmarie Retamozzo. Authorities say she allowed Retamozzo to drive away with her children on Aug. 15 from Waterville.

Police say the 37-year-old Dore didn’t disclose the information to police until over five hours after Retamozzo left. Police said she placed the children at risk.

Retamozzo is being held without bail at the Kennebec County Jail on two felony counts of criminal restraint by a parent. She and the children were found Aug. 18 in South Carolina. She is expected in court Wednesday.

 

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Lawmaker looks to reduce risk of child abductions in divorce cases


July 13 , 2013

Source: wincountry

LANSING, MI- State Senator John Proos is backing new legislation that would give divorce judges the power to order a change of custody for children when they perceive a risk of parental abduction. 

Senator John Proos

Proos says that, sometimes, a parent will kidnap a child when the divorce isn’t going smoothly. This plan would let judges evaluate possible risk factors and respond accordingly.

Risk factors for parental abduction might include previous threats to do so, or recent actions to get a passport. The new law would let a judge order prevention measures like imposing travel restrictions or placing the child’s name in the US Department of State’s Child Passport Issuance Alert Program, in addition to the possible custody changes.

 

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Parental Kidnapping: Be On The Lookout For These Red Flags


February 22, 2013

Source: Schneider & Stone

Parental kidnapping accounts for the vast majority of missing children cases in this country, and often there are both warning signs and some preventative tips parents may wish to take.

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Of course, sometimes it happens without warning and by parents that others would not have thought capable of such a crime. Divorcing parents should be on the lookout for the following red flags for parental kidnapping:

  • Threats of kidnapping (they must be taken seriously)
  • Mixed religion, mixed cultural marriages
  • Parent has ties, connections or family out-of-state or abroad
  • Parent lacks ties in the current place of residency, is unemployed, self-employed, and/or does not own real estate
  • Parents are in the midst of a contested custody battle (orders of protection may be issued)
  • History of domestic abuse, violence or mental illness

Upon filing a divorce petition, Illinois institutes an automatic stay that prevents either parent from taking the child across state lines without prior approval. However, if you believe your spouse may take your child, there are a few steps to try to prevent such an action:

  • Tell your attorney. He or she can give you advice and bring up the matter before the judge, who should take the allegations seriously.
  • If you have court-ordered child custody and visitation, follow the order exactly. Most parental kidnappings occur out of a parent’s extreme frustration and desperation from not seeing a child.
  • Keep the child’s passport if you can, or if the other parent has it, the court can demand it be held at one of the attorney’s offices while the divorce is pending to prevent the child from leaving the country.
  • Keep a copy of a custody or visitation order with you in the event you need police assistance when exchanging the child in a volatile situation.

Windy City Law Group– Skokie divorce attorneys

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Child Abduction: Cases Rise By 88%, Foreign Office Warn Parents ‘May Never Have Child Returned’


February 21, 2013

Source: Huffington Post

British families whose children are abducted abroad by one parent or other family members are being warned they may never get their child back, with the number of children going missing having almost doubled

New figures reveal that the number of parental child abduction cases dealt with by the Foreign Office has risen by 88% in just under a decade.

adam jones

Adam Jones and his mother Rebecca, who says he has been held in Qatar since 2009

Many of the cases have been high-profile stories, including British 13-year-old Adam Jones, apparently held in Qatar by his late father’s family. His mother Rebecca Jones said she had been trying to bring him home since 2009.

Another mother, Leila Sabra has organised protests in Westminster to raise awareness of the case of her five-year-old daughter A’ishah, who is in Egypt after her dad allegedly failed to return her after a routine custody visit in 2009.

An investigation into the trend by The Huffington Post UK, found that in the UK it is estimated more than 140,000 children go missing every year, one every three minutes.

The statistic was calculated by the Child Exploitation and Online Protection centre, which includes teenage runaways, parental abductions and kidnappings.

In the new stats released on Wednesday, last year alone the Foreign Office’s Child Abduction Section fielded an average of four calls per day to its specialist advice line, more than half of which were new cases.

Cases were worked on in 84 different countries, showing just how widespread the problem has become.

The Foreign Office also warned that they often have little power to intervene in foreign cases.

child abduction

Estelle Clayton, who went missing for six weeks after she was taken abroad by her father, back home with her mother, Aneta, is one of thousands who go missing each year

In the report, it states: “The research we commissioned shows that half the UK population believes the government can intervene to order the return of a child to the UK if he or she has been abducted by a parent.

“The reality is that whilst help is available, parental child abduction cases can take years to resolve. This has significant impact on those concerned and there is the strong possibility that the child may never be returned.

“It is also much harder to return a child from a country that has not signed the 1980 Hague Convention, an international agreement between certain countries which aims to ensure the return of a child who has been abducted by a parent.”

The research also shows that 24% of those polled said they did not think it was a crime for a parent to take their child overseas, and three-quarters believed it was fathers who were more likely to abduct a child. In reality, 70% of the time, it is mothers who take their children.

SEE ALSO

Why British Law Means Parents May Be Powerless To Get Their Children Back

Adam Jones, 13, ‘Kidnapped In Qatar’ And Desperate To Come Home, Says Mother Rebecca

The UK’s Missing Children Conundrum (BLOG)

Children in a Legal Vacuum: International Child Abduction (BLOG)

The UK government also warned that the parents, not the state, would bear the costs of fighting the case in foreign courts.

Daisy Organ, head of the Foreign Office Child Abduction Section said: “The increase in parental child abduction cases is a major cause for concern, particularly in the lead up to the school holidays; we know that before or during school holidays is one of the most common times for a child to be abducted.”

Alison Shalaby, Chief Executive of child abduction charity Reunite, said in response to the report: “It is important to remember that parental child abduction is not faith or country specific. 71% of the UK public thought that parents most commonly abduct their children to the Middle East, India and Pakistan but it can happen to anyone, from any background.

“Countries where children are abducted to can range from Australia, to France, to Thailand.”

Shalaby, whose own daughter was abducted by her father and taken to Egypt, said: “We have seen a 20% increase in calls made to our helpline in the first half of 2012 compared to 2011 and a 67% increase in the number of children who have been abducted by a parent to a non-Hague country between 2001 and 2011.

“This issue is not going away and with a 47% increase in the number of child abduction cases Reunite has worked on between 2001 and 2011, we are urging parents to think twice before they abduct their child or seek help if they think their child is at risk.”

She told The Huffington Post UK in August: “There is a misconception that the government can do something about it. But they have no power to dictate to a foreign country, to tell them to adopt the Hague Convention.”

Tanya Roberts, partner in family law at Charles Russell LLP, told The Huffington Post UK the statistics were not “much of a surprise. Firstly, that abductions are on the increase – this may well be due to the level of international marriages in more recent years.

“Secondly, that some people are unaware that what they are doing constitutes an abduction, like mothers taking their children back to the mother’s “home”; and thirdly that mothers are more likely to be the abducting parent than fathers.

“The press on the whole concentrates on the extreme abduction cases, often by fathers but they are much rarer than the perception.

“The statistics support that, with 70% of abductions by mothers, again this is often the “going home” scenario.”

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What is Parental Child Abduction?


December 31, 2012

Parental child abduction occurs when a person who is connected to a child takes them away from their country of habitual residence, that is the country they normally reside in, without the permission of either those with parental responsibility or the courts.

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Most commonly, this takes place following a separation or divorce and is carried out by the parent who has not been awarded custody of the child.

Once a relatively rare phenomenon, an increase in cross-cultural marriages, higher divorce rates, changes in immigration laws and cheaper foreign travel have prompted a rise in international child custody disputes, some of which have resulted in parental child abduction as parents seek to take their children out of the country without permission.

Is It A Criminal Offence For A Parent To Abduct A Child?

Under the Child Abduction Act of 1984, it is a criminal offence for anyone connected with a child to take them out of the UK for more than 28 days without the consent of any other person who has parental responsibility for that child or a consenting order from the courts. A person is connected with the child if they are parent of the child, guardian or special guardian, anyone who has a residence order for the child or who has the child living with them.

Those required to give their consent would be the mother, the father (if he has parental responsibility), guardian, special guardian or anyone who has the child living with them or has permission from the court.

Also read: Expert: Parental abduction never in child’s best interest , Parental abduction

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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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Parental Child Abduction – Lesson 1


ABP World Group Child Recovery Services 


Imagine…

You are in the kitchen cooking dinner while your children are playing in your front yard. When you go outside to call them in, they are gone.

Imagine…

You drop off your child at school before work. When you arrive to pick her up in the afternoon you are told that someone else has already taken her.

Imagine…

You wait for your former spouse to return your son following a schedule weekend visit. When your child isn’t returned, you go to the other parent’s home only to discover that the apartment has been vacated.
The physiological response in each of these situations is the same. Your heart begins to pound and your adrenaline starts to surge through your veins as the realization dawns that your children are gone. In an instant your brain considers possible explanations, but they each defy logic. Your brain already knows what your heart is desperately trying to deny. Your children have been kidnapped.
There are few horrors that can rival the experience of having one’s child kidnapped. Movies and television shows sensationalize child abduction. The nightly news further distorts correct understanding of child abduction by only reporting on the most dramatic of cases, for example, the kidnapping of Elizabeth Smart. There exists, however, a less-glamorous form of child abduction which is perpetrated by the child’s own parent.
Parental Kidnappings
Each year there are more than 350,000 child abductions in America. The vast majority of these kidnappings are perpetrated by one of the child’s parents. The official term for this type of crime is “parental child abduction”, but it is also referred to as a “child kidnapping” or “child snatching”. Regardless of the terminology, the fact that the child is taken by the other parent does not diminish or negate the raw emotional trauma inflicted upon the other parent.

Parental kidnapping is the unlawful abduction of a child by one parent which deprives the other parent of their lawful custody of the child.  In divorce situations, the abductor may be the custodial or the non-custodial parent. This means that even if the abductor is the custodial parent or primary caregiver, if the abduction deprives the other parent of his or her court ordered visitation time then the custodial parent is guilty of parental child abduction.

The US Department of Justice (DOJ), Office of Juvenile Justice and Delinquency Prevention conducted an intensive and thorough research study on child abduction in America. The project is called the National Incidence Studies of Missing, Abducted, Runaway, and Thrownaway Children (NISMART). The section that focused specifically on children abducted by family members is called NISMART-2. This article extensively references the NISMART-2. The original study may be found at: http://ojjdp.ncjrs.org

Defining Parental Child Abduction

“For the purposes of NISMART-2, family abduction was defined as the taking or keeping of a child by a family member in violation of a custody order, a decree, or other legitimate custodial rights, where the taking or keeping involved some element of concealment, flight, or intent to deprive a lawful custodian indefinitely of custodial privileges.”
The NISMART-2 elaborates on the definition above by further defining the following terms:
  • Taking: Child was taken by a family member in violation of a custody order or decree or other legitimate custodial right.
  • Keeping: Child was not returned or given over by a family member in violation of a custody order or decree or other legitimate custodial right.
  • Concealment: Family member attempted to conceal the taking or whereabouts of the child with the intent to prevent return, contact or visitation.
  • Flight: Family member transported or had the intent to transport the child from the State for the purpose of making recovery more difficult.
  • Intent to deprive indefinitely: Family member indicated intent to prevent contact with the child on an indefinite basis or to affect custodial privileges indefinitely.

Conceptualizing the Problem

Of the 203,900 parental child abduction cases studied, 57% were labeled as “caretaker missing”, meaning that the victimized parent did not know where the child was for at least 1 hour, became alarmed and searched for the missing child. However, the NISMART-2 reveals:
“It is possible for a child to have been unlawfully removed from custody by a family member, but for that child’s whereabouts to be fully known. Thus, a child can be abducted but not necessarily missing.”
In fact, the study found that 43% of the children kidnapped were not thought of as “missing” by the victimized parent because the child’s whereabouts were known to the victim parent.
“Although the family abductions described in this study typically had certain disturbing elements such as attempts to prevent contact or alter custodial arrangements permanently, they did not generally involve the most serious sorts of features associated with the types of family abductions likely to be reported in the news. Actual concealment of the child occurred in a minority of episodes. Use of force, threats to harm the child and flight from the State were uncommon. In contrast to the image created by the word ‘abduction,’ most of the children abducted by a family member were already in the lawful custody of the perpetrator when the episode started. In addition, nearly half of the family abducted children were returned in 1 week or less.”
Even if the child is not considered missing, the abduction is still considered child abuse because of the damage that it inflicts upon the child. The NISMART-1 found that, “family abduction can result in psychological harm to the child” and the NISMART-2 states that “family abductions constitute an important peril in the lives of children it is important to remember that the potential harm to family abducted children exists whether or not they are classified as missing”.

Characteristics of Parental Abductions

Location and Season. 73% of parental abductions took place in the child’s own home or yard, or in the home or yard of a relative or friend. Children were removed from schools or day care centers in only 7% of the cases. In 63% of the cases, the children were already with the abductor in lawful circumstances immediately prior to the abduction.

Police Contact. In 40% of all cases, the aggrieved parent did not contact the police to report the abduction. The study found a number of reasons for this, but the majority of responses indicated that the parent did not believe that the police would intervene in the matter because the child’s whereabouts were known, they were in the care of a legal guardian, and it did not appear that the child was being harmed. The highest percentage of abductions took place during the summer.

Ages. 45% of abductors were in their 30’s. 44% of abducted children were younger than age 6.
Indicators of serious episodes. “The use of threats, physical force, or weapons was relatively uncommon in family abductions.” 17% were moved out of State with the intent to make recovery more difficult. 44% were concealed, at least temporarily, from the victimized parent-+. 76% included attempts to prevent contact. 82% included intent to permanently affect the custodial privileges of the aggrieved parent.

Conclusion

Parental child abduction is the unlawful kidnapping of a child by one parent which deprives the other parent of his or her lawful custodial rights. This kind of child snatching not only victimizes the other parent, but it is also a serious form of child abuse.
When the abducting parent chooses to go underground or flees the state or country, recovery of the child becomes exceptionally difficult – and sometimes impossible. Because of this, if you suspect that your child is at risk of abduction you must act now. There are steps you can take to reduce the risk of abduction, as well as actions designed to make the recovery of your child far more likely.

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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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