B.C. mom ordered to return three kids to their dad in Ireland


December 16, 2015

Source: The Province / Keith Fraser

A B.C. judge has found that three young children were wrongly brought to Canada by their mom and ordered they be returned to their father in Ireland.

Parental kidnapping Ireland Abducted Child

The parental abduction case heard that the father, identified only as C.M. in a court ruling, and the mom, identified as J.M., had a tumultous relationship featuring heavy drinking by both parents.

C.M., a 43-year-old Irishman employed as a commercial director of a software business based in Ireland, married J.M., 40, a Canadian citizen, in August 2000.

The couple and their three children, ages 11, eight and five, lived in a number of countries before settling in Ireland, from 2009 to 2014.

J.M., unhappy in Ireland, wanted to move to Canada to be near her parents, who lived in West Vancouver.

Court heard that through a series of “unfortunate disputes” and drinking in December 2013, the couple agreed to move to Canada and bought plane tickets for July 2014.

But in mid-June 2014, J.M. was arrested and convicted of impaired driving and paid a fine. Two of her children were in her care at the time.

C.M. agreed in a letter to J.M. to the kids coming to Canada, and the mom and their three children left Dublin for Canada to live with her parents.

When she arrived in Canada, she advised C.M. that she wanted to separate from him.

Abducted Canada

The desire of J.M. to separate from him caught C.M. by surprise. He felt he’d been unduly pressured to allow his three children to come to Canada and applied to have the children returned to him.

After C.M. and the kids came to Canada, the mom came to the attention of child protection authorities, who reported that she’d been seen drinking to excess and failing to properly care for the kids.

The children were removed from her care at one point and placed in the care of their grandparents.

The messy dispute saw allegations of abusing the children levelled at the dad. The mom had a report filed that found the children wanted to remain with their mom.

At issue in the case was the question of what was the “habitual” residence of the children and whether the father had consented to the children coming to Canada.

The judge also looked at whether the children’s views should be taken into account and whether there was a “grave risk” to the children being returned to Ireland.

In siding with the dad, B.C. Supreme Court Justice Grace Choi found that the children had been influenced either overtly or subtly.

“I have concluded that the children have been wrongfully retained in British Columbia by Ms. M. I have found that she has also failed to prove that Mr. M acquiesced to the children’s removal or retention.

“Furthermore, I have found that Ms. M has not proved that the children’s return to Ireland would expose them to a grave risk of harm or place them in an intolerable situation.”

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Child kidnappings 4 times what UK officials admit


February 23, 2015

Source: presstv.ir 

British charities are warning that child abductions are on the increase in the country, and that they are four times higher than official figures.

Parental Child Abduction

Figures show almost 900 cases were reported in the past year alone.

The data gathered from police forces by the charity Parents and Abducted Children Together (Pact), and seen exclusively by The Independent on Sunday, reveal that kidnappings and abductions of children under 18 rose by 13 percent between 2012-13 and 2013-14 across England, Wales and Northern Ireland.

Kidnappings alone increased faster still, with a rise of 18 percent over the same period.

The abduction of children by people other than their parents – which could include a stranger luring a child into a car with sweets or a teenage girl being taken willingly by an older man – rose twice as fast as parental abductions (14 percent, compared with 6 per cent).

Since the Rotherham scandal, where widespread child sexual abuse took place against girls as young as 12 between 1997 and 2013, councils and police forces have come under greater scrutiny about the way in which they handle child abductions and kidnappings.

Now Peter Saunders, founder of National Association for People Abused in Childhood (NAPAC) says, “The figures are very, very worrying,” but “it seems the authorities have not been taking these cases seriously enough.”

During 2013-14, 158 children were abducted by parents, 401 children were abducted by people other than their parents, and 321 children were kidnapped. Kidnappings, which are defined by the use of force or fraud to remove a child, include cases such as children taken in return for a ransom or young gang members held by rival factions. One-fifth of all kidnappings recorded by police involve a child victim.

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Ireland – Unmarried fathers to be given more rights under new laws


February 18 , 2015

Source: www.independent.ie

UNMARRIED fathers who have lived with the mother of their child for more than a year will have automatic guardianship rights under sweeping changes to family law.

Frances Fitzgerald

The legislation is being brought forward by Justice Minister Frances Fitzgerald

The landmark legislation will, for the first time, give unmarried fathers legal rights to access to their children despite being separated from their children’s mother.

Only mothers currently have guaranteed guardianship of a child born outside marriage and fathers can be forced to engage in lengthy legal battles to get access to their child.

The new rules, which are contained in the Government’s Children and Family Relationships Bill, have been welcomed by children’s charity Barnardos, which described the legislation as a “hugely significant development”.

If the bill proposed by Justice Minister Frances Fitzgerald is passed, unmarried fathers who lived with a partner for 12 consecutive months – including at least three months after their child is born – will automatically become a guardian.

Currently, fathers can only secure rights to their child if they obtain a statutory declaration signed by the mother allowing access.

ireland

They can also apply for guardianship through the district court, but neither route guarantees becoming a guardian to their child.

Barnardos said the new provision “recognises and values the commitment of fathers to their children, and by applying a cohabitation clause, ensures that fathers who do not wish or intend to be involved in their child’s life are not automatic guardians”.

“It also ensures that fathers of children conceived as a result of rape or incest are not automatic guardians.”

Step-parents and a parent’s cohabiting partner will be able to apply for guardianship if they have shared caring responsibilities for a child for more than two years.

In these cases, guardianship will be limited to ‘day-to-day’ decisions while major issues regarding residence, religion and education will be the sole responsibility of a biological parent.

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