Girl in overseas parental tug-of-war ordered to stay in Bay Area


August 29, 2014

Source: sfgate.com 

A 9-year-old girl who has been the subject of an overseas parental tug-of-war should stay with her father in Mill Valley, where she was born, rather than in Ireland, where her mother sent her to school after the marriage broke up, a federal appeals court ruled Monday.

ireland_map

Under an international treaty designed to prevent kidnappings of children by their estranged parents, children should remain in their nation of “habitual residence,” said the Ninth U.S. Circuit Court of Appeals in San Francisco.

While that can be difficult to determine, the court said, the key question is in which country both parents intended their child to live, the last time they agreed on the subject. That should be overruled only when the child has become so attached to living elsewhere that relocation would clearly be harmful, the court said.

The child’s parents split up in 2009. The next spring her mother, Elaine Murphy, proposed moving back to her native Ireland to attend graduate school and take her daughter along.

Both parents described the move as a “trial period,” the court said, but it continued for three years. The girl went to kindergarten and first and second grades in Ireland but returned to California five times a year, including all summer, to visit her father, David Sloan, who visited her and her mother in Ireland each Christmas.

ireland_lrg1

The arrangement broke down after Murphy took her daughter out of school for several weeks in spring 2013 while visiting Murphy’s boyfriend.

Sloan went to Ireland and brought the girl back to Mill Valley to live permanently. Murphy did not object at first, and discussed moving back to California to be near her daughter, but filed suit in September 2013 to return the girl to Ireland. The couple’s divorce became final a month later.

Upholding a ruling by U.S. District Judge Jon Tigar in the father’s favor, the appeals court said the parents had evidently agreed in 2010 that their daughter’s “habitual residence” was the United States, after a temporary “trial period” in Ireland. They never reached a contrary agreement after that, the court said.

Although the girl “developed strong ties to Ireland” during her first three years of school, she also maintained family and cultural connections to the U.S. during visits with her father and while in Ireland, Judge Margaret McKeown said in the 3-0 ruling.

Children often adjust to new surroundings, McKeown said, and courts should look for strong evidence of an emotional attachment before overriding the parents’ last mutual agreement on where their child should live.

Thomas Wolfrum, the mother’s lawyer, said she would appeal the ruling. He said most nations that have signed the treaty against parental kidnapping, and at least one other federal court, have given greater weight to the child’s conception of her homeland than to the parents’ onetime agreement.

After the girl attended her first three years of school, made friends, and took lessons in Irish dancing and Gaelic, Wolfrum said, “the place she called home was Ireland.”

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State Park Ranger Rescues Child in Parental Abduction


February 7 , 2014

Source: cslea.com

“Sovereign Citizen” Father Found With Drugs & Bogus $100 Bills

When California Statewide Law Enforcement Association (CSLEA) Member and California State Parks Ranger Dan Perata checked on a broken down vehicle January 10, 2014, it was standard operating procedure.  What happened next, makes him a hero in the eyes of many parents.

CA_-_State_Park_Ranger_Logo

 

“There’s no question in my mind, Ranger Perata’s attentiveness and actions saved this child from harm,” said CSLEA President Alan Barcelona.  “After inspecting one vehicle parked under the interstate, he moved on to a second one and discovered a man and a child sleeping inside.  He didn’t know it immediately, but the child was a victim in a parental abduction.”

Ranger Perata discovered the vehicle and its occupants on Quail Canyon Road under Interstate 5 south of the Gorman area.  Instead of disturbing the sleeping man and child, Ranger Perata ran the vehicle’s license plate.  Information attached to the license plate revealed the vehicle was involved in the  parental abduction of a child.  Ranger Perata called for back-up and subsequently arrested the man.  He then discovered the suspect in possession of 10 grams of methamphetamine, drug paraphernalia and counterfeit $50 and $100 bills.  In addition to kidnapping charges, the suspect was arrested on drug and counterfeit money charges and resisting a peace officer.   The child appeared to be in good health.

The suspect was identified  as a “sovereign citizen,” someone who believes that federal, state and local governments operate illegally.   The FBI identifies sovereign citizens as a growing domestic threat to law enforcement.   Some of the actions of sovereign citizens include making false license plates, driver’s licenses and counterfeit currency.  The more extreme “sovereign citizens” become involved in more severe crimes and violent behavior, impersonating and or threatening law enforcement officers.   It is a movement fueled by the internet and seminars that spread this ideology.

“This arrest demonstrates how quickly an ordinary call or investigation can turn into something more dangerous,” said Barcelona.  “I’m am relieved that it ended as peacefully as it did, none of the rangers was hurt and the child is safe from harm.  Ranger Dan Perata did an exceptional job.”

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Daughter’s abductions haunt writer


October 15, 2013

Source: wkcurrent.com

For the average parent, it would be unfathomable for their child to be kidnapped. West Kerr County resident Rosalie Hollingsworth underwent such a nightmare, not just once — but twice.
Now she tells about the saga of her losses and recovery in a poignant, honest and riveting book, “Destruction of Innocence, A True Story of Child Abduction.”
The book is intended to convey not only a message and a warning, but also rays of hope. Written in the style of a memoir, the chapters do not always follow the sequence of events in chronological order, but the unraveling of details takes on the feeling of a complex James Bond thriller.
Rosalie.Hollingsworth
West Kerr County resident Rosalie Hollingsworth lovingly holds a photograph of her daughter Triana, then 7 years old, who was kidnapped twice. Triana’s first abduction by Hollingsworth’s estranged husband lasted eight months; the second, four agonizing years. The ordeal of her return each time is documented in the new book written by Hollingsworth, “Destruction of Innocence, A True Story of Child Abduction.” Photo by Irene Van Winkle.
Writing the book was an ordeal in itself for her, Hollingsworth said, and she has laid out the story bluntly.
In addition to her daughter’s abductions, Rosalie reveals her own sad childhood, of betrayal and abuse that left her both vulnerable and determined.
As an adult, Hollingsworth suddenly found herself trying to cope with the twisted manipulations of her first husband, Franco. He swept her off her feet like a prince in a fairy tale, only to snatch away the one thing she loved the most.
In the book’s introduction, Hollingsworth details the cold and frightening statistics about child abduction:
“One child is reported missing every 40 seconds. … Of millions of children, an appalling 80 percent are parental kidnapping victims. Angry, jealous, fearful and, in some cases, deranged parents defy the law, stealing their children and disappearing. In the wake of each kidnapping are untold stories of despair and agony. After one year, over 50 percent of these cases will remain forever unsolved. This is the story of my daughter, Triana, who was twice taken from me. In the first abduction, my estranged Italian husband took our one year old baby and fled to Italy … Six years later, he kidnapped her again, disappearing with her into the remote jungles of South America.”
south_america
The book is filled with details of how Triana was dragged from one country to another, as her father changed identities like a chameleon, and the dangers she endured from predators of every ilk and shape.
Retelling her story still hits a raw nerve with Hollingsworth, even though Triana’s second abduction ended more than 25 years ago. It may be that some of her emotions will never be totally resolved, but perhaps become less jagged.
Asked why she finally decided to write the book, Hollingsworth said, “I was angry at myself for being naive, for having trusted this man who took my child. I was angry at Franco, Carmen (his mother), Kitty (his second wife) and the government — at every person who had not helped me locate my child or stood in my way of finding her. I needed to deal with this anger and writing helped me deal with most of it. I don’t know if I can ever forgive Franco for what he subjected my daughter to — it is just too painful to this day.”
Hollingsworth wrote at night when the house was quiet, but often found herself walking away from it when the thoughts and memories became too painful.
When she first met her husband, Franco, he appeared seemingly out of the blue, Hollingsworth said, and “I was dazzled by his devotion. He was diabolically charming and proposed to me after just six weeks.”
Franco, who came of age during WWII in war-torn Italy, was spoiled by his old-world Italian mother, who had tolerated his father’s debauchery. But he was also polished and well-educated, and to someone of his practiced cunning, Hollingsworth was easy prey.
What Hollingsworth found out only too late was that he had a temper that raged often and unexpectedly with jealousy, creating a constant firestorm in their relationship.
When Triana was only a year old, she was spirited away from their home in California by her conniving father and taken to Italy.
After eight agonizing months, using her own ruses and subterfuge, Hollingsworth was able to bring Triana back. For years, Hollingsworth parried with Franco over custody, and then, when she least expected it, the nightmare that had haunted her once again repeated itself.
The second time around, her ordeal took four years, scouring through the wilds of South America, as authorities and even church figures were not only ineffective, but also blocked her path.
Every time Hollingsworth tried to enlist the help of others, it seemed to fall mostly on deaf ears. It was only through her own courageous perseverence, and the help of several “guardian angels,” that Triana was eventually brought home.
During the intervening years, Hollingsworth met and married another man, Stan. He brought his own sons into the picture, adding a layer of complication. The couple then had another child. It was while she was pregnant with Tisha that the final drama unfolded, making it even more precarious and volatile.
The debris left behind in the wake of traumatic events to Triana, Hollingsworth and other members of the family is immeasurable and will never be completely tidied up.
Triana is left coping with low self-esteem. Over time and with counseling, she has made progress, Hollingsworth said, but she is still left with difficult challenges.
However, Triana has brought her mother a wonderful gift in the form of a son, on whom Hollingsworth dotes, as she does all her grandchildren.
Younger sister, Tisha, has three of her own boys and stays in touch, as do some of Stan’s sons.
Reflecting on the aftermath, Hollingsworth said, “Someone asked me out of all the things that happened, what did I learn? All I can say is that none of it was worth the loss of my child and what she went through. To me, true knowledge comes from good things, and this wasn’t a good thing.”
For children who are rescued, her advice is for them not to blame themselves for trusting the parent who abducted them.
Today, Hollingsworth’s greatest consolation are the children and grandchildren who beam back at her from the many photographs she has placed around her home. They are her next generation of treasures, and she joyfully basks in their glow.
Hollingsworth said she wrote the book to bring greater attention to the issue of child abduction. In the 1970s, the government was of little help, but, she added, “Today we have the government getting involved, along with all kind of alerts and publicity to kidnappings and child abductions.”
The other, and more important part of her message, she said, was to parents of abducted children.
“Do not give up the search. Do what you have to do to locate your child. Use every resource you can possibly find. Contact every person you know who could help. Don’t give up.”
For more information about Hollingsworth’s book and child stealing, visit http://www.destructionofinnocence.com. Reviews can be found at amazon.com and at barnesandnoble.com.

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Bioengineering professor charged with felony parent abduction


May 24, 2013

Source: Stanford Daily

Annelise Barron, associate professor of bioengineering, has been charged with felony parent abduction after being arrested in Hawaii on Dec. 24, 2012, and extradited to California about two weeks later. She is currently out on bail.

Annelise_Barron

According to authorities, Barron, her three children and their nanny left for the Hawaiian island of Kauai on Dec. 17 without notifying the children’s fathers. Due to the trip, Barron missed a court date with Judson Butler, the father of their infant son, on Dec. 17 and a family court appearance on Dec. 18 with Theodore Jardetzky ’82, professor of structural biology and Barron’s estranged husband.

“Given that [Barron]… completely stopped using [her] cellphone… we strongly believed that Barron’s intention was to flee with the kids and shut off all possible contact with Jardetzky and Butler,” wrote Detective Anjanette Holler of the Palo Alto Police Department in a report.

Barron’s live-in nanny, Sonia Audino, faces three counts of depriving a lawful custodian of right to custody and one count of child abduction. Bail was originally set at $500,000 but Barron’s was dropped to $100,000 and Audino’s to $55,000.

“I’m a tenured professor– I love my job, and I find it amazing that anyone would think I’d run away and not think I’d be detected,” Barron told the Palo Alto Weekly.

Barron has yet to enter a plea.

Authorities believe Barron intended to flee to Kauai in part because of alleged moving activity out of her Palo Alto apartment on Dec. 17. At an All Aboard Mini Storage site, an employee reported seeing a woman matching Barron’s description acting “frantic and hurried.”

University spokeswoman Lisa Lapin declined to comment on specific personnel matters.

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DA Child Abduction Unit Recovers Autistic Boy from Mexico


October 26, 2012

Source: scoopsandiego.com

San Diego County District Attorney Bonnie M. Dumanis announced today that her office’s Child Abduction Unit successfully located a 7-year-old autistic boy in Mexico and reunited him with his mother in San Diego.

An arrest warrant has been issued for 37-year-old Julio Rocha, who in 2007 took his then 2-year-old son, Keoni Rocha, to Mexico after the boy’s mother requested full custody. Julio Rocha has been charged with one felony count of child abduction.

“Locating missing children and returning them home to San Diego isn’t easy within the United States, let alone across an international border,” DA Dumanis said. “The dedicated investigators in our Child Abduction Unit routinely overcome difficulties in dealing with foreign governments to recover children from around the world.”

The DA’s Child Abduction Unit is contacted when a child is taken form his or her parent or rightful guardian in violation of that person’s right to custody. Investigators in the unit work with Mexico and other countries to track down children and get them home safely.

In this case, a young woman doing online research for a school project in Mexico came across a poster from the National Center for Missing and Exploited Children with information about Keoni Rocha and his father. The girl recognized the boy as a neighbor and contacted authorities.

Thanks to help from the neighbor, District Attorney Investigators were able to negotiate a voluntary return of Keoni Rocha’s with his grandparents at the Mexico City airport last week.

“It was the most heart-wrenching return I have ever seen,” said DA Investigator Carole Snyder who works in the Child Abduction Unit. “The grandmother and the aunt knew this would be the last time they saw Keoni. The boy’s mother, Leilani Masumoto, who had not seen her son in five years, bonded like they were meant to be as soon as they were reunited at the airport.”

Last year, the DA’s Child Abduction Unit conducted 150 investigations and recovered 75 abducted children from around the U.S. In addition, the unit worked 30 cases involving children being abducted from, or taken to other countries, including, Mexico, Germany, Argentina, Columbia, and Dominica. In 2011, the Child Abduction Unit’s ‘Visitation Reporting System’ which is accessible via the DA’s website, logged 2,096 violations.

“Over the years, we’ve successfully located children and returned them from several countries including France, the Philippines, Sweden, Germany and Mexico,” DA Dumanis said. “Given San Diego’s location, a number of child abductions involve children who are taken across the border to Mexico.”

The DA’s Child Abduction Unit assists parents in both countries. The number of cross-border cases involving Mexico handled by the DA’s Office has grown from 10 cases in 2006, to 21 cases in 2011. So far this year, the unit has opened 15 such cases. The District Attorney’s Office Child Abduction unit is only involved when a parent or other family member abducts a child involving a violation of Family Court, Juvenile Court and/or Probate Court orders.

If anyone has information on the whereabouts of Julio Rocha, who is believed to be living in the United States, please call 619-531-4345

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Father sentenced to prison for kidnapping son


August 7, 2012

Source: utsandiego.com

LOS ANGELES — A judge has sentenced a California man to 27 months in prison for abducting his son and taking him out of the United States in 2008 without his ex-wife’s consent.

John Silah was sentenced Monday in federal court.

His brother George Silah received the same 27-month sentence last May for abducting his two sons and taking them out of the country, also without their mother’s consent.

The brothers were extradited to the U.S. after they were found in the Netherlands with their sons in November 2010.

Authorities say the international flight began after the Silah brothers picked up their sons for visits. They traveled through Mexico, Central America and Europe before getting caught.

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Girl Kidnapped by Mother in 2001 Found After In Dulles Airport from Madrid


July 22, 2012

Source: hispanicallyspeakingnews.com

Girl Kidnapped by Mother in 2001 Found After In Dulles Airport from MadridPhoto: Mother Accused of Kidnapping Daughter in 2001 Captured Arriving on Plane from Madrid

Customs and Border Protection officers at Washington Dulles International Airport arrested a woman Saturday who has been wanted since 2001 by Los Angeles Police and the FBI for parental kidnapping.

Robin Katherine Resovich, 53, of Penn Valley, Calif. arrived on a flight from Madrid, Spain with a connecting flight to San Francisco, Ca. Travelling with Resovich was her daughter, Katiana Rose Resovich, 18. CBP officers determined Resovich to be the subject of the Los Angeles and FBI arrest warrants for parental kidnapping. The officers verified the validity of the warrant and confirmed extradition. Resovich was arrested by CBP and turned over to Metropolitan Washington Airport Authority Police for extradition.

Imageallegedly had permission to take her then seven-year-old daughter Katiana out of the U.S. for the summer of 2001; however, they never returned. Their whereabouts were unknown until they arrived at Dulles on July 14.

“Parental kidnapping is a serious offense that deprives a person of their parental rights. Regardless of the circumstances in this arrest warrant, Mrs. Resovich is a wanted person and Customs and Border Protection officers are duty bound to return fugitives to justice when we encounter them at our nation’s ports of entry,” said Christopher Hess, CBP Port Director for the Port of Washington.

No word on what will happen to the daughter since she is now legally an adult.

 

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Parental Abduction: Man pleads guilty to parental kidnapping after taking son on world tour


Source: CNN

A 51-year-old man has pleaded guilty to international parental kidnapping weeks after his brother did the same, for the same charge, for illicitly taking their juvenile sons on a worldwide trek, a federal prosecutor’s office announced Friday.

John Silah, a citizen of Syria, pleaded guilty on Tuesday in a federal court in California for taking his son, Greg, out of the United States for two years without the consent of the boy’s custodial mother, the U.S. Attorney’s Office for Central California said in a press release. He is set to be sentenced August 6 by U.S. District Judge Otis D. Wright.

His brother George Silah, who pleaded guilty February 21 for the parental kidnapping of two of his own sons, will be sentenced on May 29. The maximum sentence for a conviction on the charge is three years.

George and John Silah were both divorced from their respective wives in July 2008 and had partial custody of their sons, who were then between the ages of 11 and 14 and lived in the Los Angeles area.

The boys were supposed to take a Disney cruise with their fathers at that time, but they never made it, the boys’ families said on websites dedicated to their return.

Those websites contained messages of love and hope for their safe return directed almost every month at the then-missing children. Greg’s mother, Christine Stackhouse, wrote her last post on gregsilah.com on October 16, 2010, titled “Missing you this Halloween.”

“Greg, we will be missing you this Halloween and we hope that next year you will be with us so we can all go trick-or-treating and collect lots of candy just like the old times!”

A November 5, 2010, post on silahboys.blogspot.com announced that the boys had been found and their fathers taken into custody in the Netherlands.

It was the last stop on a two-year journey in which the Silah brothers and their sons traveled through Mexico, Central America and Europe, where investigators eventually caught up with them.

The boys’ mothers flew to the Netherlands in 2010 to reunite with them, while the Silah brothers were detained at the request of U.S. authorities. George Silah — a naturalized citizen of the United States — returned to the United States in October 2011, while John Silah was extradited in March of this year.

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Parental Move Away/Abduction: Entrepreneur Wins Custody Of Missing Child


Source: Fathersrights.com

Big Jake won contracts for his trucking company by the force of his many contacts flowing from his Southern California roots. But his self marketing talents were eclipsed by his self maintenance skills aided by his baseball glove sized hands that, creased by wrench grip scars from the multitude of in flight maintenance diesel repairs this gentle giant of German English ancestry managed through his 50 year company history — hauling newsprint for his California based publishing company clientele — equipped his Kenworth fleeted tractors well for dependable, on-time reliability. And given his wide set baby blue eyes and shock of blond brown beach boy surfer hair, our six foot four two hundred thirty pound client not surprisingly fathered the most delightfully pert seven year old Goldilocks like girl in the county.

How she adored her daddy

!home content img1 150x150 Parental Move Away/Abduction: Entrepreneur Wins Custody Of Missing Child

So much so that jealously framed mother’s agenda to rip into the heart of our latter day Paul Bunyan by stealing away in the night with little Rebecca in tow of her Berkeley- Doctored new mate to the Greek Islands for his post doctoral research project enveloping the demise at the hands of Scipio Africans, his hero and his target of historical focus — Hannibal of Carthage.

But we cut off our bespectacled wasp with his anxious entourage at the boarding gate with the Vista Family Court’s restraining order recorded with the US Department Of Justice tagging Rebecca’s passport!

And Mother’s Mr Peepers bolted with Rebecca and Mother into darkness somewhere east of Raleigh and north of Savannah.

That is, until or gentle giant landed an overland cross-country consignment bound for Philadelphia with restraining orders in his glove box.

Soon afterward, and southbound for Tallahassee, our law firm’s investigator spotted Rebecca’s caravan in Southern Georgia, eight months to the day of Rebecca’s disappearance from her Oceanside California home. The hunt was on.

Our Midwest connections with the Chicago Tribune’s law firm led to legal connections in Tallassee where our new co-counsel having the local banking industry in legal lockstep identified Mr. Peeper’s newly opened Tallahassee bank account and his local motel address, where sharply early the following morning over-nighted orders were served requiring court surrender that very day.

Big Jake had meantime been storming his lighted rig, freed of it’s delivered cargo’s weight, south east to Florida. Contemporaneously or firm’s on sight PI kept watch at a respectful distance as the flushed prey efforted an escape west bound towards the Panhandle across north Florida – Mississippi Bound, our glue foot racing to the rear in chase.

But our over-educated, mental Mensa-man and his maul chose both the wrong weekend and the wrong Mississippi town for cover. For it was the very Saturday in December that Florida defeated arch rival Alabama, and Mississippi State beat Oklahoma!

Meridian, Mississippi and Tallassee were all in sleepless celebration mode.
Rebecca’s Tallahassee court issued restraining order was delivered by wire to a hoop hollering Meridian judge who alerted his wide eyed police chief early Sunday morning and the itinerant band and their Mercedes and RV fleet were seized and placed in the local caboose.

Rebecca, herself, spent that Sunday at the Mayor’s plantation home in honor of his alumni status with the Florida judge issuing the over-nighted Florida arrest citation — Florida State had been their mutual Alma Mater!

Meantime Big Jake had swung his broiling hot, diesel powered behemoth West from Tallahassee towards the Deep South, escorted by two Florida State Trooper squads by-passing the required checkpoints towards his beloved Rebecca.

Come Sunday Noon, yours truly was conference calling from my La Costa kitchen phone with Peeper’s newly retained Florida counsel arranging with the stern encouragement of two reunited alums of Florida State School Of Law, the assignment of Our Mr Big Hands of Sandy Hair as special deputy to personally escort Rebecca and her felon former parens patriae back to Tallahassee for arraignment with Rebecca delightedly reunified sitting shotgun aboard Big Jakes smokin big rig enroute for a Tuesday afternoon court Hearing.

Early Wednesday morning beaming Rebecca was released into her daddy’s care for her return to Oceanside while her former travel companions remained behind pending a preliminary hearing and trial.

Following further California proceedings Rebecca was returned full time into her father’s care and 15 years later earned her psychology degree — from UC Cal, where else!

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Child abduction by parents among Indian diaspora raises concern


Source: Inewsone.com , New Delhi, June 19

(IANS) Increasing number of child abductions by parents among the Indian diaspora has become a cause of concern as India is yet to join the internationalconvention on the issue, a British minister has said.

‘The cases where a parent abducts their child and takes it away to India are problematic because India does not have laws to deal with parental child abduction,’ British Minister for Equalities Lynne Featherstone said here.

The minister urged the Indian government to accede to the UN Convention on the Civil Aspects of International Child Abduction.

The British minister was here on a three-day visit to India June 15-17 to seek greater collaboration between the two countries on the issue of violence against women and gender equality issues.

According to Featherstone, the UK government receives at least one complaint per month of alleged abduction of a child by a parent of Indian origin. There are about eight such cases currently being investigated, the minister said.

The children were abducted by one of the parents and brought to India in order to gain the advantage in matrimonial and child custody disputes.

Child abduction cases by parents are high in countries which have a large population of people of Indian origin such as the UK, the US and Canada.

About 70 children were abducted by parents of Indian origin in the UK in the past eight years, according to a report.

The US State Department’s Office of Child Issues, which helps in child abduction cases, is currently working on more than 100 cases of children taken to India without the consent of the parent left behind. The State Department has said that there are few remedies if a child is abducted to India.

There are more unresolved cases of parental child abduction from the US to India than any other country with the exception of Mexico.

About 85 countries have ratified the 1980 Hague Convention on Parental Child Abduction. Under the convention, member countries undertake to return children abducted by a parent to their homes under the jurisdiction of the courts in the home country.

Parental child abduction has become one of the many issues that have been added to the agenda for inter-governmental discussions with visiting delegations from the US, Britain and Canada.

Several NGOs and activists in India and abroad have urged the government to accede to the Hague Convention.

On the occasion of Father’s Day (June 20), a Bangalore-based non-governmental organisation, Children’s Rights Initiative for Shared Parenting (CRISP), has demanded that India ratify the Hague Convention and reform family law in India.

California-based Rakshak Foundation has also appealed to the union government to safeguard children’s rights and make parental abduction a cognizable, non-bailable crime.

Abduction of a child by one parent violates the child’s right to live in the security of the familiar home and prevents access to both parents. More and more child custody and abduction cases are landing in Indian courts relating to foreign citizens as well as non resident Indians (NRIs).

The Supreme Court has ruled recently that Indian courts have jurisprudence on child custody cases even if the child is a citizen of a foreign country. The courts apply the principle of best interest of the child, taking a foreign court decree as only one of the factors for deciding on the custodial dispute.

There have been occasions when the father had taken away the child from the country of residence, gone to India and left the child with his grandparents while he flew to work in a third country.

At other times, it is the woman who took the child on the pretext of visiting India.

Many abducted children are told that the other parent is dead or has gone away. Often one parent tries to poison the child’s mind to the other parent, which often causes psychological and emotional problems for the child.

‘Children in such cases are voiceless victims and their right to be connected to both biological parents needs to be protected,’ according to the Rakshak Foundation.

Often child custody cases lead to the child being deprived of the love, affection and care of one parent.

‘Joint custody and shared parenting are the best solutions for normal development of the child,’ the foundation said.

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