Judge blocks Leicester woman’s holiday in India over child abduction fear


August 9 , 2014

Source: Leicester-mercury

India_Abducted_Child

A mother has been forbidden from going on holiday by a judge after her ex-husband and father of her six-year-old son objected, saying he feared he might never see them again.

The woman, who is in her 30s, insisted she had absolutely no intention of abducting her British-born son and keeping him in India, where she was born.

However, Judge Clifford Bellamy has come down in favour of the father and banned the mother’s trip.

The father, also in his 30s, was born in Leicester and the mother has lived in the city for nine years since their arranged marriage.

 India Political Maps

However, the mother is now living alone with her son.

The Family Court heard the father was engaged in a running battle with his ex-wife over contact with their little boy.

All three have UK passports.

The mother told Judge Bellamy she was desperate to take her son to India to meet his wider family and “explore his cultural roots”.

Denying any intention not to return to Britain, she said she no longer viewed India as her home.

The judge was told her son was doing well in an English school and that, for 18 months, she had been in a new relationship with a man who had a steady job in the UK.

He was also told that divorced single mothers were disapproved of in India.

However, Judge Bellamy said India had not signed up to the Hague Convention – which enshrines the international ban on child abduction.

If the mother failed to return to Britain with his son, the father would face a formidable challenge fighting his case through the Indian courts, the court heard.

Experts had reported that it was in the boy’s best interests, culturally and emotionally, to form a strong relationship with his father.

Despite her new relationship and her British citizenship, the mother had no family ties in the UK and spoke only broken English, the court was told.

Blocking her holiday plans, the judge said there was “a risk” that she might try to keep her son in India.

 

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Parental Abduction – Documentary Special: Anatomy of a kidnapping


January 3, 2013

Source: abc.net

An agreement between countries drawn up in The Hague is meant to prevent kids from being bounced around the world. Japan, though, stands out from the pack and for all the wrong reasons.

Japan-Flag

The government there is accused of being too slow to stop its citizens from taking their own children, without the approval of one parent, back to Japan.

For the first time, Sarah Dingle’s investigation takes us inside the mind of an abductor in the anatomy of a kidnapping.SARAH DINGLE: Eric Kalmus says it’s time to let go.

Listen to the whole interview here: http://mpegmedia.abc.net.au/news/audio/pm/201212/20121224-rcaffdocos-kidnapping.mp3

eric-kalmus

ERIC KALMUS: I’m in a very good spot. I have a wonderful family. I need to give them the amount of energy that I was giving Amy. I’m still here, she’s still in my heart, I still love her. Any day that she picks up the phone and calls me, I’ll gladly go meet her wherever she is.

But yeah, I think I’ve allowed it to not be in my hands any more.

I’m better now. It doesn’t hurt like it used to. It doesn’t hurt like it used to.

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

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Only 5-10% of abducted children are annually recovered because of the Hague Convention


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 we don’t agree.

Only 5-10% of abducted children are annually recovered because of the Hague Convention

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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