A Very Special Perspective Of Father’s Day: The Day The Storms Almost Took My Life

by Peter Thomas Senese on Sunday, June 19, 2011

In deciding to share a small section of my upcoming novel ‘Chasing The Cyclone’, it is my desire to provide a bit of my own personal insight on the importance of father’s in their children’s lives.

The brief excerpt below occurs in Wellington, New Zealand. The protagonist is in the eye of a severe and deadly cyclone.  He is desperately searching for his own son, who had been criminally internationally abducted.   

Chapter 14

The storm appeared to have just stopped, if only briefly, as my eyes gaze into the peculiar dark night. Curious and awake, I quickly put on an old pair of jeans and a black sweater, grab my cell phone and heavy coat, and then race out the door of my hotel room.

The distinct British Colonial city of Wellington is as silent as a prayer.  Except it seems like I’ve traveled back in time to the 1950’s and everything around me is painted in granular shades of black and white.

As I wander through the deserted deluged streets, I aimlessly drift toward the harbor until I arrive at Queens Wharf.  But for a few of the swaying streetlights that remain on – their lights all stuck on red, and the sound of the racing water running to the overflowing sewer drains, there is an eerie, almost mocking feeling about this little barren city tucked on the southern tip of the northern island.

I soon come to a creaking security gate that leads onto one of the container piers that line the harbor. Walking past it, I am surrounded by abandoned forklifts and trucks, containers and cranes, and scattered remnants of people who fled the storm that furiously rolled in from the Pacific.

I continue making my way onto the pier.

The cold wind cuts through my body, causing me to shiver. I’m not sure why I am compelled to walk all the way toward the dangerous edge, but I am. The menacing ocean’s grasp of me to come closer – to look into its black depths – is unbreakable.

I am scared, but I continue moving toward the ominous edge.

Looking down at the cresting waves as they surge threateningly to overtake the concrete pier, I wonder what is to become of my life. The swells are failing for the moment, but I know this storm is far from finished.

Looking toward what I believe is the Antarctic sky, I unexpectedly see a sliver of gray and a faint streak of violet try to slash through the ringing, mountainous thunderstorms of the cyclone’s foreboding eye-wall. The ray of light reminds me that after the chaos of the most destructive of storms, life will find its way.

A flicker of orange speckles the darkness before it suddenly disappears. I take a deep breath as my mind takes me back home, where I envision Alex sleeping content in his bed, his arms peacefully tucked underneath his head without a worry in the world.

Turning my eyes inward, and away from the vanishing light, I reach inside my jacket for my cell phone as the escalating howling wind pummels my body backward. I eye the ominous eye wall moving closer toward me as cold rain begins to slap my face.

Standing with frozen feet alone on this concrete island pier in the middle of nowhere, the storm brutally lashes out at me. I know the cyclone’s treacherous eye-wall is purposefully following me like a messenger from hell – tormenting my mind – waiting for just the right moment to unleash its full fury and rage. A lightning bolt suddenly illuminates the sky as I dial a number I have known for a long, long time.

Clutching the phone in my hand, I hear it ring once before it’s answered. “Dad?” I painfully scream into the howling storm converging on me.

Chasing The Cyclone , Peter Thomas Senese

Published by: ABP World Group International Child Recovery Services

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It Shouldn`t Hurt To Be A Child

Source: Victims Of Violence 

INTRODUCTION

It is estimated that a child goes missing every 9 minutes in Canada. When we think of child abduction, we often picture a stranger snatching our child as they walk home from school. However, the majority of child abductions are committed by someone the child knows and, in many cases, the abductor is a parent. There were 237 parental abductions in 2009, compared to 50 stranger abductions. Parental Abduction is defined as, “the wilful taking of a child with the intent of depriving the other parent, guardian or any other person having lawful care and charge of that child of the possession of that child.”(RCMP). This may at first seem like a benign form of abduction, but it is important to realize that parental abduction is a crime and can have a serious impact on the left-behind parent, the family, and the abducted child.

MOTIVES FOR PARENTAL ABDUCTION

Parents may abduct their children for several different reasons. A common motive is for revenge and as a power play. These parents believe that they have not been treated fairly in a custody battle and may feel misrepresented in court. They will take their child both to hurt the other parent, and simply to assert that they are capable of doing so. Some parents abduct their child out of fear for the child’s safety. This is common in cases where a spouse, usually the wife, is abused by her partner. She will usually take her child to protect him or her from abuse. Shares custody parents may fear that their child is subject to neglect and endangerment when with the other parent.

PROFILE OF ABDUCTORS

There are a number of factors that may contribute to parental abduction including; socioeconomic status, psychological and sociological issues, the relationship between the parent and the child, and the child’s age. The following is a list of characteristics that theRCMP have complied in an attempt to create a general overview of the common parent abductor:

• Both mother and father are equally likely to abduct their child. Mothers tend to do so after a court order while fathers tend to abduct the child before the court order is made.
• Mothers tend to keep their abducted child longer than fathers. But most parental abductions are short and are resolved in about 7 days.
• Parent abductors tend to be between the ages of 28 and 40.
• Although socio-economic factors vary from case to case, fathers tend to be employed and mothers tend not to be.
• Most abducted children are young, between the ages of 3 and 7. Children who are taken out of the country are usually older, over 8 years of age.
• Male and female children are equally likely to be abducted.
• Children are usually abducted from the home, and abductions usually take place during weekends or holidays (summer, Christmas break, March break.).
• Various modes of transportation are used and accomplices (commonly other family members or a current partner) are used in about 50% of the cases.
• Physical or sexual abuse is not common and only occurs in a very small percentage of these abductions.
• Most ‘left-behind’ parents report the abduction immediately; however some will delay reporting the incident.

Although each case has different circumstances, this general profile provides police with information that will help them to locate and recover the missing child.

ABDUCTION LAWS

Parental Abduction is a criminal offence, and can be found under section 283(1) in the Criminal Code which states:

Everyone who, being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, takes, entices away, conceals, detains, receives or harbours that person, whether or not there is a custody order in relation to that person made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of the possession of that person, is guilty of

1. an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
2. an offence punishable on summary conviction.

There are two exceptions to this section:

1. No one can be found guilty of the abduction offence (under sections 281 to 283) if they are able to establish that there was consent by the parent, guardian or other person having lawful possession, care or charge of that young person.
2. No one can be found guilty of an offence under sections 280 to 283 if the court is satisfied that the abduction of the young person was “… necessary to protect the young person from danger of imminent harm or if the person charged with the offence was escaping from danger of imminent harm.”

Importantly, a parent who abducts their child cannot make a defence by claiming that the child consented to or suggested the abduction.

Section 282(2) pertains to abduction in contravention of the custody provisions set out in a custody order and is essentially the same as what has been set out in section 283(1). However, if an individual is not proven guilty under Section 282, they can still be found guilty under Section 283(1).

INTERNATIONAL CHILD ABDUCTIONS

International child abductions involve either a parent abducting their child and taking them out of the country, or a parent in another country who prevents the child from returning home to the other parent. Revenge is often a strong motive behind this type of abduction, and the abducting parent will often try to turn the child against the other parent by convincing him/her that the other parent does not care for or love them. If you are worried that your child’s other parent may take him/her out of the country, you may notify a local passport office to have your child’s name placed on the passport control list which will put officials on alert (you need to provide certain documentation to do this). If your child is a dual-citizen, however, this may not be sufficient. The media can have either a mixed influence in abduction cases. Media attention may assist in fuelling the international search for a missing child, or it may cause the abducting parent to go into hiding.

THE HAGUE CONVENTION

Over 30 years ago, the international community recognized the need for a program to ensure cooperation between countries as a way to resolve and prevent international parental abduction cases. Canada was the second country to ratify this Convention which came into effect on December 1, 1983. The Hague convention has two objectives. The first is to ensure the prompt return of an abducted child to his/her home country and the second objective is to ensure that the rights of custody/ access to the child under the law of one contracting state are respected in the other contracting states.

The Hague convention may be applicable if:

1. The child was a of resident to Canada immediately before the abduction
2. The wrongful abduction was in breach of rights of custody/access to the child
3. At the time of the abduction, the convention applied between Canada and the country to which the abducted child was taken.
4. The child is under 16 years of age.

If the convention applies to the country (or area of the country) to which a child has been taken, authorities can provide a parent with the appropriate paperwork. The Canadian central authority will forward the documents to the foreign central authority that will then pass them along to the local judicial authority. If the child will not be returned voluntarily, a court hearing may take place. If all conditions are met and no exceptions apply, the foreign court will order the return of the child.

There are some exceptions to the Hague convention:

• The accused parent is able to prove that the other parent consented to the child’s removal/ later acquiesced to it or was not exercising custody rights when the child was abducted/ retained.
• The child may be at risk of physical or psychological harm or be placed in an intolerable situation if returned.
• The child objects to being returned and is old enough and mature enough to have his/her opinion taken into account.

There are no costs associated with The Hague Convention application process; however there may be costs associated with the legal proceedings and travel costs.

There are currently 80 countries who have signed the Hague convention: Albania, Argentina, Armenia, Australia, Austria, Bahamas, Belarus, Belgium, Belize, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Canada, Chile, China (Hong Kong), China (Macao), Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Estonia, Fiji, Finland, France, FYR of Macedonia, Georgia, Germany, Greece, Guatemala, Honduras, Hungary, Iceland, Ireland, Israel, Italy, Latvia, Lithuania, Luxembourg, Malta, Mauritius, Mexico, Moldova, Monaco, Netherlands, New Zealand, Nicaragua, Norway, Panama, Paraguay, Peru, Poland, Portugal, Romania, Saint Kitts and Nevis, San Marino, Serbia, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Thailand, Trinidad and Tobago, Turkey, Turkmenistan, Ukraine, United Kingdom, Uruguay, USA, Uzbekistan, Venezuela, and Zimbabwe.

Note: In some countries, the Hague Convention pertains to only certain provinces, states, or territories of the country.

EFFECTS ON THE VICTIMS

The Left-Behind Family

The first thing that the left-behind family experiences is shock and disbelief. They cannot believe that their loved one has been taken away by a fellow family member. Panic as to the whereabouts of the child and how to get proper assistance will cause both the left-behind parent and any left-behind siblings to experience serious emotional distress.

The left-behind parent often has an incredibly difficult time maintaining work commitments while searching for their child. Feelings of anger, resentment, fear, anxiety, despair, loneliness, and guilt are common emotions. Most left-behind parents also suffer from disturbances in sleep patterns, loss of appetite, and severe depression. The emotional turmoil might also manifest in physical symptoms such as re-occurring headaches and nausea. And in some situations, the parent may turn to drugs or alcohol to handle the pain.

Any left-behind siblings also experience the pain of the loss of their brother/sister. Like the left-behind parents, the siblings also experience a variety of emotions and physical ailments. Since their parent is so focused on the return of the kidnapped child, the other children may feel neglected and develop hostile feelings towards the kidnapped child for taking all of the attention.

The Abducted Child

Despite the fact that the abducted child is with their parent or guardian, the experience can be terrifying and cause long-term damage. Often these children will live the life of a fugitive; dragged around by their parent from place to place in an effort to avoid authorities. The distress of suddenly losing friends and family and having to deal with constantly changing environments is an incredibly stressful experience. Even when the child is safely returned he/she will still be affected by the experience. A fear of abandonment and loss of trust are common issues for children who have been kidnapped by a parent. They may also suffer from depression, loneliness, excessive fearfulness, helplessness and anger. There are a number of mental disorders that are commonly associated with parental child abductions such as separation anxiety disorder, ADHD, PTSD, eating disorders, learning disabilities and conduct disorder. As the experience of abduction can have such a traumatic effect on the child, it is important that the parent or guardian get the child proper help as soon as he or she is returned.

HELPFUL TIPS

One of the most important things a parent can do to help avoid parental abduction is to remain on good terms with the other parent and try to remain on good terms with the child’s other grandparents. If you expect that your child is at risk of abduction, make sure to talk to him or her. Explain how the custody situation works, teach them how to use the phone (especially 911 and long distance), make sure that your children know that you love them, and listen to them – information they provide may be your first clue. Keep track of what they wear on a daily basis. Keep records of all important information and store it in a safe place that is unknown or inaccessible to the other parent. As indicated earlier, it is also possible to add your child to the passport control list.

If your child is abducted by the other parent, get in touch with local authorities immediately. Provide them with any information you have and limit access to your home until law enforcement has collected any possible evidence. Contact the birth certificate office to block any application for a birth certificate by the abducting parent (you will need specific documentation to do this). Contact any search organizations such as Child Find and register your child as missing. If you plan to go to the media, ask the police for help and advice on the best way to do so. Most importantly, take care of yourself and your family, you need to be strong for your child and any other children left behind.

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Japan close to joining Hague Convention

Source: Dadsdivorce.com

Japan close to joining Hague Convention to address parental kidnappings

Because of the difference between Japanese and American laws regarding custody and kidnapping, Japan has become a safe refuge for parents who abduct their own children and want to keep them away from their American fathers.

That may no longer be the case, though, as Japan has endorsed plans to bring itself in line with the international child custody convention commonly referred to as the Hague Convention, according to an Associated Press report.

The Hague Convention is a treaty between roughly 80 countries that agree to cooperate and abide by one set of laws for the return of children removed from their home country over custody disputes. (For more information, read the article “Hague Convention – International Child Abduction Help.”)

International kidnapping of children of divorce is exacerbated when the kidnapping parent retreats to countries such as Japan, who have not signed the Hague Convention.

Japan has been seen as a safe harbor for kidnapper parents, though increased attention and foreign pressure was put on the country following the 2009 case of Christopher Savoie.

Savoie was imprisoned in Japan for trying to rescue his kidnapped children after his ex-wife broke Tennessee state law by illegally removing the children from the United States. (Watch our interview with Savoie’s lawyer shortly after his client was arrested.)

Current Japanese law allows only one parent to have custody of children in divorce cases — nearly always the mother, according to the AP story. That has kept foreign, and even Japanese fathers, from having access to their children.

The AP said the new law would allow foreign parents more access to their children. While it is expected that the Cabinet will approve the change in custody laws, the proposal must also by approved by parliament, according to the AP story.

Published by: ABP World Group International Child Recovery Services

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International child abductions up sharply: US official

25 MAY 2011, France24

AFP – International child abductions are “sharply on the rise,” the US State Department’s official in charge of children’s issues said Wednesday as Americans marked Missing Children’s Day.

Family members abduct more than 200,000 children every year in the United States, and last year nearly 2,000 children were kidnapped by one of their parents and illegally brought into or taken out of the United States, Susan Jacobs, the State Department special adviser on children’s issues said.

In US fiscal year 2006, 642 children were abducted from the United States by one of their parents, a report released two years ago by the State Department found.

That rose to 794 children for the same 12 months in 2007 and to 1,082 in 2008, according to the report.

In 2008, 484 children were abducted to the United States, and only 361 children who were illegally taken out of the United States by a parent were returned, the report said.

The rise in international child abductions by parents was “a disturbing trend,” Jacobs said.

Children who are kidnapped and taken out of their country of usual residence are “at risk of serious emotional and psychological problems,” while left-behind parents have to deal with numerous obstacles as they battle to get their children back or even just for the right to see them again, she said.

“They confront unfamiliar legal, cultural and linguistic barriers, suffer emotional trauma and face significant and long-term financial costs,” said Jacobs, who was appointed last year to head the State Department’s Office of Children’s Issues (OCI).

The OCI is the central authority in the United States for the 1980 Hague Convention, an international agreement that requires kidnapped children to be returned promptly to their country of habitual residence.

Published by: ABP World Group International Child Recovery Services

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Signs Of Abduction

Source: Chasingthecyclone.com

There are no fool-proof warning signs that your spouse or ex-spouse is thinking of taking your child across international borders, with or without your permission and knowledge.

However, there are in fact many signs and signals that can provide you with insight that your spouse or former spouse is intending to abduct with your child. Most of all, trust your instincts. If you have reason to believe that your spouse is in the process or is contemplating the abduction of your child, you must not wait: contact your local police and a lawyer familiar with family law and custody matters. You may need to file an ex parte (an Emergency without notice filing) motion to the court of jurisdiction where the child lives, seeking court intervention prior to when the abduction or wrongful retention occurs.  Under most laws, the judge will have to hear your application so long as you present enough strong and credible evidence that your spouse or ex spouse is planning to take your child across state or international borders.

The most obvious warning sign is if the other parent communicates in any way that they have intent or a desire to remove the child of the relationship out of the country. In most instances, if the other parent threatens you with the idea that they are going to abduct your child, the fact is that in most cases, the abduction is already planned and may be in progress.

1.       Be aware of the possibility of any abduction. Although there are no foolproof warning signs for abduction risk, some indicators should not be ignored. Do not stick your head in the sand and pretend that your child is not at risk.

2.       The vast majority of international child abductions occur by a parent who is determined to cause hardship and harm to the other parent. The instrument that they use in order to cause this harm is the child or children of the marriage. A significant number of leading therapist from around the world have stated in numerous reports that revenge is the primary and leading reason why one parent will try to end the other parent’s relationship with their own child. Therefore, if you are involved with a person who has jealous or revengeful tendencies, you must be aware that these characteristics are common in the vast majority of would-be parental child abductors.

3.       If the issues raised in Section 2 are true in your situation and your spouse or former spouse has in the past used the child of your marriage or relationship to cause you harm, pain, and suffering, or, has tried to control and manipulate your actions, then your concern should be magnified ten-fold. If the same individual has family members in another country or has lived in another country and has expressed a desire or threat to move there with your child, your concern should be magnified one-hundred fold.

4.       If there is evidence of previous abductions, disappearances, or threats to abduct the child by your spouse or ex-spouse, these indicators demonstrate that any new abduction threat is real and in more likelihood already planned.

5.       If your spouse or ex-spouse has citizenship in another country and strong emotional or cultural ties to their country of origin.

6.     Unexplainable removal of cash deposits and diminished assets, or unexplainable increases in credit card or bank debt.

7.       Concealment of new credit cards or bank debt.

8.    Concealed, hidden, and abrupt communication with individuals or family members living in a foreign country.

9.     Concealed, hidden, and abrupt communication with a lawyer.

10.    Frequent previous trips with child to a foreign country without other parent.

11.    Family and friends living in a foreign country.

12.    No strong ties to a child’s home state.

13.    Strong foreign support network.

14.    No financial reason to stay.

15.    Possible use of the child as a pawn in order to gain access to non-joint assets.

16.    Engaged in planning activities such as quitting job; selling home; terminating lease; closing bank accounts or liquidating assets; hiding or destroying documents; or securing a passport, a birth certificate, or school medical records.

17.    A history of marital instability, lack of cooperation with the other parent, domestic violence, or child abuse.

18.    An announcement of an unexpected trip to another country with the child.

19.    The taking of easily transportable high-valued items such as jewelry upon departing to another country.

20.    Adamant unwillingness to leave the child behind with you while spouse travels to a foreign country.

21.    Shipping of personal items to a foreign country.

22.    A past tendency of your spouse or ex-spouse to relocate and live abroad.

23.    In certain jurisdictions – whereas both parents have a joint-right to custody – it is conceivable that a parent possessing a right of custodial authority over the child (this can be joint or sole custody) can legally remove the child of the marriage/partnership to another country for an undetermined period of time (claiming a holiday or short-term trip) without needing permission or actually informing the other parent if a pre-existing travel agreement is not in place already with the court. Essentially, a parent exercising their right of custody over their child can legally remove the child of the marriage/partnership without permission from the other parent if a court order is not issued previously. Not surprisingly, many international parental child abductions occur when one parent takes the child of the marriage to another country for an alleged short ‘family visit’ – however, in reality that person has no intention of ever returning with the child to the place of habitual residency. What typically happens next in these scenarios is that the abducting parent, unknown to the left behind parent, files for a divorce in the country they have abducted to. The divorce motion and affidavit filed makes claim to all sorts of cruel and dangerous behavior against the spouse (thus the reason why they are able to file under an ex parte [without notice] motion). Once the divorce law suit is filed, the abducting parent usually will go underground with the assistance of family and/or friends who usually assisted in the planning of this act. It is critical to note that deception is a critical element in these typical scenarios: the left behind parent is left to believe that their partner and child are on a short vacation (typically to visit family of the partner) at the time of their departure. A few days or weeks later, reality sets in with either a phone call or a letter saying that the partner and child/children are not returning, and that a divorce action has been filed. So, even if you think you are happily married, it is greatly advised to have a legally binding and court registered travel agreement in place prior to either parent exercising a right of custody is granted permission to leave the country with your child.

24.    Trust your instincts: if something feels wrong, it probably is. And remember that most international parental child abductions are carefully planned and typically involve the help of others. 

Published by: ABP World Group International Child Recovery Services

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