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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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.

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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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Woman who abducted sons from Ireland now in road accident, passenger dead


October27, 2013

Source: zambianwatchdog.com

The true nature of a child abducting parent

Elizabeth Daka, the Zambian woman who is facing criminal charges in Ireland for allegedly abducting her Irish-born sons to Zambia has been involved in a road accident.

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The accident happened near Manda Hill at 14 hours today and the passenger who was with Elizabeth died on the spot.
Elizabeth is said to have been drunk when she was driving the vehicle. She survived with only minor bruises but her friend, a ZESCO employee, had her skull opened by the crash and died instantly.
According to information received, both Elizabeth and her friend-passenger were not wearing seat belts.
‘Elizabeth was drunk and speeding and tried to make a turn but crashed into a drain,’ said a source.
Elizabeth Daka had two sons, Ethan Quarry, 6, and Troy Daka-Beary, one-year-11 months, with two different Irish men while in Ireland but decided to move back to Zambia three months ago without informing the children’s fathers.

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When he came to look for his children, Richard Quarry, who is still married to Elizabeth, claimed his wife had a history of alcohol abuse, child neglect and depression, adding that she might put the children in danger.
Now Elizabeth faces a possible charge of causing dearth by dangerous driving.

 

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Girlfriend held hostage during tiger kidnapping sues bank


October 22, 2013

Source: Irish independent

THE ex-girlfriend of a bank official forced to hand over €7.6m during a tiger kidnapping is suing the bank for alleged negligence.

Stephanie_Smith

 

Stephanie Smith (24) was in a relationship with Bank of Irelandemployee Shane Travers, who on February 26, 2006, was forced, while armed, masked robbers held her and two of her family members hostage, to hand over the money taken from BoI’s premises at College Green, Dublin.

She claims she suffers from post-traumatic stress disorder and depression as a result of her ordeal.

In her action against the Governor and Company of the Bank of Ireland, Ms Smith, from Stonebridge House, Badger Hill, Kill, Co Kildare, says the bank failed to have any regard for the health and safety of its employee’s cohabitants.

It is also claimed BoI exposed her to a foreseeable security-related injury and to danger and injury, which it ought to have known. BoI failed in its duty of care to her, it is further alleged. BoI denies all the claims against it. In its defence, BoI denies it owes Ms Smith any duty of care.

Yesterday, when the matter came before High Court President Mr Justice Nicholas Kearns, he directed trial of a preliminary issue before the main case.

The issue is whether, on the facts pleaded, BoI owed a duty of care to Ms Smith at common law or had a statutory duty in the terms pleaded in her personal injuries summons.

In his ruling, the judge said while what had happened to Ms Smith was “horrific”, he agreed with lawyers for the bank that what was “a novel” claim should be tried on a preliminary issue.

In her statement of claim, Ms Smith says she and her mother were approached by an armed gang of masked men outside Ms Smith’s home.

CAPTIVE

Mr Travers, who was her cohabitant at the time, and her young nephew were present in the house. All four were taken captive. Mr Travers was warned he would be kneecapped, while one of the gang threatened “to blow her head off”. She claims they were told nothing would happen to them if Mr Travers “did what he was told”. Mr Travers was eventually taken away, while Ms Smith, her mother and nephew were bundled into the back of a van.

After the gang members left the van, Ms Smith managed to free herself and the others. They were picked up in Ashbourne, Co Meath, and were taken to a garda station.

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Ireland – RIRA gang kidnap then shoot man


May 21, 2013

Source: Irish Herald

THE Real IRA abducted and shot a man in a brutal punishment attack in Dublin.

THE Real IRA abducted and shot a man in a brutal punishment attack in Dublin.

Ronan Connolly (28) was kidnapped at gunpoint by a gang and then bundled into a van.

When he attempted to escape, his captors opened fire. Sources say the incident was a “punishment beating” which spiralled out of control.

Connolly is the younger brother of a leading RIRA member who is behind bars facing murder charges. Detectives in the capital are now on high alert after the incident in Inchicore on Tuesday night.

RIRA-The-Real-IRA

Panicked

Connolly escaped serious injury when his captors apparently panicked and fled.

The abduction is linked to a campaign by dissident terrorists who are targeting former associates as part of a “clean-up” of the illegal organisation. “This incident falls very much into the narrative of the so-called revamp of the Real IRA,” a senior source explained.

“They are carrying out kidnappings, beatings and shootings in an attempt to get rid of those who they no longer trust.”

Connolly, who has numerous convictions and is from Bluebell, Dublin, was abducted in Inchicore at around 10.30pm on Tuesday. The gang tied his hands together with wire and brought him around 12km to the Slade Road in Saggart.

After attempting to escape, Connolly was shot. The gang then fled the scene, allowing Connolly to raise the alarm. Paramedics arrived on the scene and he was treated for gunshot wounds to his hand. Sources say the abduction of Ronan Connolly was orchestrated to send a firm message to his older brother, Sean.

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The 34-year-old is the chief suspect in the murder of gang boss Eamon Kelly, who was gunned down near his home on Furry Park Road, Killester, in December. He is being held in Portlaoise Prison awaiting trial.

Sean Connolly attempted to take control of the Real IRA in Dublin following the death of notorious gangster Alan Ryan last October. However, his attempt to rise to the top of the organisation alarmed senior figures in the North.

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England: Parental child abduction arrest


A man has been arrested in London on suspicion of parental child abduction.

 

A 45-year-old man was yesterday arrested in London on suspicion of parental child abduction.

The man is believed to have taken three children from the Banbridge area, on Thursday, 29 March, to Dublin airport where he was intercepted by An Garda Siochana.

The three children were taken into protective custody before the man boarded a flight to London. The man was later arrested when he re-entered the UK jurisdiction in Heathrow airport yesterday. PSNI officers accompanied him back to Northern Ireland this morning and he is currently assisting them with their enquiries.

The operation involved E District CID and Response Police as well as mutual assistance from authorities including An Garda Siochana.

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Ireland / Malaysia – Mother’s fears over custody battle


Source: UTV News

A Co Tyrone mother whose child is trapped in an in international custody battle has told UTV she fears she will never see her son again.

Tracey McCay’s six-year-old son Sean was taken to Singapore last week by his father David.

The couple split acrimoniously while holidaying in Indonesia, but when Tracey returned to Singapore she realised the terms under which she had entered the country meant she had little or no parental rights.

See the Video here: UTV News

“I was in a foreign country. I had no friends, no family. I was really scared and I just felt I should have done my research,” she said.

“What people don’t realise is that obviously although you’re residents of a foreign country you’re not entitled to the same laws as what you’re used to back home.”

After a month battling her former partner, Tracey saw her son and she said her little boy was “confused and excited” at the same time.

“Once he saw me he just went ‘Mummy!’. He was just so excited to see me and I was so excited to see him and I just had to hold back tears,” she explained, “but it was just really nice and we just cuddled and kissed and just stuff like that, and he said ‘Mummy, I really miss you and where have you been?'”

“I’ve never been away from him for that long. I’ve always been with him and then Sean left and not knowing when I would see him again.”

Tracey began custody proceedings in Northern Ireland when she returned home and although Sean was in the region for Christmas he was taken away again by two police officers on Christmas Eve after the Lord Chief Justice ruled against Tracey because of the ongoing legal issues in Singapore.

She said it “broke [her] heart” when she had to give him back before Christmas Day.

“We kissed and we cuddled. It was just really, really nice. But when the police came I had to make it nice for Sean. I didn’t want him to be scared and when he was getting into the police car I was just saying goodbye to him and cuddling him.”

Although Sean has been taken back to Singapore by his father, Tracey said she will fight on for her rights as a mother.

“I have to go back to Singapore and fight in Singapore. And then I’ve been told by my lawyer in Singapore that I have to fight over here. So I’m left with no options at all where to fight.”

She told UTV her greatest fear is “that I’ll never see Sean again”.

The solicitor acting for Sean’s father, David McCay, issued a statement which reads:

“The Lord Chief Justice of Northern Ireland returned the child to our client’s care and custody on Christmas Eve.

“As arranged our client and the child returned to Singapore on the 28th December. As the parents and child reside in Singapore, all issues we understand are being dealt with there.

“Our client strongly refutes any suggestion he has acted improperly.”

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International Parental Child Abduction : Fathers pay price when mothers take children


Source: Irish Times – Irishtimes.com

JOHN WATERS

DESPITE ONE-THIRD of births occurring in non-marital relationships, unmarried Irish fathers remain deeply ignorant of their legal situation.

Under Irish law, such fathers have no automatic right to the day-to-day care of their children (“custody”) or to a say in the upbringing of their children (“guardianship”). What they have is the right to apply to a court, which may then extend rights of guardianship and custody according to the nature of the relationship between the child and the father, a matter almost invariably dictated by the attitude and behaviour of the gatekeeper-mother.

Although mischievous agents propose that the high numbers of Irish unmarried fathers neglecting to apply for guardianship is evidence of indifference, the fact is that many fathers, reluctant to initiate legal proceedings that might create a conflict where none exists, tend to leave well alone.

This leads to extreme difficulties when mothers abduct children to other jurisdictions and fathers find themselves bereft of legal standing.

Almost all European countries now make legal provision for the concept of the “de facto family” – which extends legal recognition in situations in which unmarried parents and their children have lived together in quasi-marital situations. This can enable an unmarried father who has no formal guardianship order to invoke the Hague Convention in the event that his child is abducted. Irish law is noticeably out of step in the recognition of such “inchoate rights”.

The man in the street may attribute this circumstance to oversight. Alas, it arises from the ideological outlook of the Irish State, which is determined to withhold from unmarried fathers anything but the most minimal recognition forced upon it by international law.

The lay person, too, might surmise that, all things being equal, the objective of the Irish State will always be to strive towards just and equitable resolutions, subject only to whatever legal impediments may arise.

Alas, in abduction situations where the abductor is the mother, such an assumption would be mistaken.

In fact, the pattern of behaviour by the Irish central authority in these matters – ie the Department of Justice – is to turn its back on fathers whose children have been abducted, even when the destination country is reluctant to accept jurisdiction.

This policy became clear over the past 18 months, in a case arising from the refusal of a mother to bring her two children back to Ireland after a summer holiday in New York. For six years the father had lived in Ireland with his children, in virtually every respect as though married to the mother. In August 2010, the mother told him she and their two children would remain in New York, where she was moving in with a man she had met on Facebook.

The children had been born in New York, which meant that the father was their legal guardian under US law. He had the right to apply to a New York court, but felt that to do so would be to acquiesce in what had happened.

He wished to have the matter adjudicated in Ireland, where his children had lived almost all their lives. He approached the Department of Justice but was told that, since he did not have guardianship here, there was no legal recourse under the Hague Convention.

Proceedings were initiated in New York by the mother, while the father began seeking guardianship under Irish law. In November 2010, he was granted a guardianship order. Because this application was initiated within a statutory six-month period stipulated by New York law – in effect confirming the children were for legal purposes still habitually resident in Ireland – and since the father continued to reside here, the New York court ruled that the case should be determined by the Irish courts.

All that was required was for an Irish court to issue a temporary custody order in favour of the father, and the New York court could have ordered the return of the children here.

The next step was to persuade the Irish court to do the decent thing. Three hearings, in August, October and November 2011, were adjourned in turn because the judge was away. Although it was implicit in the New York decision that, by issuing a guardianship order, the Irish court had already accepted jurisdiction, the Irish judge refused to communicate with his counterpart in New York.

Instead, in the end, he wrote to the New York court handing over jurisdiction, unwittingly confirming that, contrary to the assertions of the Department of Justice, the Irish court already had jurisdiction. Thus, in December, this Irish father was forced to surrender to the jurisdiction of an American court.

These Irish proceedings, involving 12 court appearances and nine different judges over 15 months, cost this father more than €20,000.

For years I have been meeting men like this, trying to help them deal with the inscrutable processes that “legal advice” forbids me from describing in the only terms I can adequately and reasonably describe them.

I observe with dismay that things are growing worse, not just in the treatment of such men and their children, but even more ominously in the studied avoidance of these matters by other journalists who make much of calling authority to account except here, where the sleep of justice is more implacable than anywhere else.

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Ireland: Slight fall in child abduction cases


By: JAMIE SMYTH, Irishtimes.com

Irish authorities received 136 new cases of child abduction in 2009, a slight drop on the number of cases notified a year earlier.

In 75 of these cases a child or children were taken from the Republic against the wishes of a parent or guardian. The remaining 61 cases involve a child or children brought into the State by a parent or guardian, who may not have the legal right to custody.

Some 183 children are caught up in these abduction cases, which have been referred to the Central Authority for Child Abduction within the Department of Justice.

New figures released by Minister for Justice Dermot Ahern today show 53 cases involve children being abducted from or to England and Wales. Poland (16), Northern Ireland (9) and Latvia (8) are the other countries with a large number of abduction cases.

The Central Authority for Child Abduction also carried over 86 abduction cases from 2008, which had not been dealt with. This meant it processed 222 cases last year, which were dealt with under various international legal conventions aimed at returning children who have been removed from one state to another without consent.

Half of the 222 cases dealt with children brought to the Republic. In seven cases the High Court ordered the return of the children to the country from where they were taken. In five cases the High Court refused the return of the children and in 16 cases the children were voluntarily returned or the parties reached an agreement.

There were 52 cases awaiting resolution at the end of 2009.

In 10 of the 111 outgoing cases, where children were taken from Ireland without consent, foreign courts ordered their return. In three cases the foreign court refused the return of the child and in six cases the children were either voluntarily returned or an agreement was reached. At the end of 2009 some 39 cases were still awaiting resolution.

More than half of the 222 applications dealt by the Central Authority for Child Abduction in 2009 were made under the Hague Convention, which is designed to ensure the immediate return of children who have been removed from one contracting state to another. This usually occurs when a parent defies the wishes of the other parent.

The convention is based on the principle that the custody of a child should be decided by courts in the state in which the child habitually resides.

Published by: ABP World Group International Child Recovery Service

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Wo ist Marvin?


By:ZDF

Vater verschwindet mit sechsjährigem Sohn

Die 43-jährige Sabine Engl ist verzweifelt. Ihr Sohn Marvin ist seit fünf Monaten verschwunden. Ihr Ex-Mann hat Marvin nach einer gemeinsamen Ferienwoche mit seinem Sohn nicht nach Hause zurückgebracht.

Vier Jahre war Sabine Engl mit ihrem Mann verheiratet, 2007 kam die Trennung. Das gemeinsame Sorgerecht für ihren damals vierjährigen Sohn regelten beide mit einem rechtsverbindlichen Vertrag. Darin wurde festgelegt, dass Marvin bei seiner Mutter wohnt. Der Vater sollte den Jungen am Wochenende von Freitag bis Samstag bei sich haben. In den Ferien lebte Marvin die Hälfte der Zeit bei der Mutter, die andere Hälfte beim Vater. Doch nach den letzten Herbstferien bringt der Vater Marvin einfach nicht zurück. Er schickt nur eine SMS mit den zwei Worten: “Wird später.”

Sabine Engl. Quelle: ZDF 

ZDF
SMS an Marvins Mutter

Vater und Sohn in Norwegen?

Sabine Engl versucht immer wieder, ihren Ex-Mann zu erreichen. Sie alarmiert die Polizei, meldet ihren Sohn als vermisst. Und sie stellt Strafanzeige. Schließlich beauftragt sie eine Privatdetektei, die Vater und Sohn tatsächlich in Norwegen aufspürt. “Die sind in Norwegen unterwegs gewesen und haben dann ein Foto geschossen, worauf ich den Marvin und meinen Ex-Mann erkennen kann”, sagt Sabine Engl. Doch die Spur verliert sich.

Die Polizei vernimmt unterdessen Verwandte und Freunde des Mannes. Dabei finden die Beamten heraus, dass die neue Lebensgefährtin Vater und Sohn am 16. Oktober 2009 zum Düsseldorfer Flughafen gebracht hat. Auch die Flugtickets im Wert von rund 1.600 Euro sind von ihrer Kreditkarte abgebucht worden. Doch die Lebensgefährtin besteht darauf, nicht zu wissen, wohin beide geflogen sind und nicht mehr mit ihnen in Kontakt zu stehen.

Marvin. Quelle: ZDF 

ZDF
Foto der Detektei

Europaweite Fahndung ausgeschrieben

Nun bleibt Sabine Engl als letzte Hoffnung die deutsche Justiz. Das alleinige Sorgerecht hat sie bereits erwirkt. Im Januar, drei Monate nach dem Verschwinden Marvins, gibt die Staatsanwaltschaft Kaiserslautern eine europaweite Fahndung nach dem Vater raus. Doch das bedeutet nicht, dass eine Verhaftung vorgenommen werden soll. Christian Schröder, Staatsanwalt in Kaiserslautern, erklärt: “Es ist eine Fahndung, die sich darauf richtet, den Aufenthalt des Beschuldigten festzustellen. Es ist keine Fahndung, die auch dem Ziel dient, ihn festzunehmen.”

Sabine Engl. Quelle: ZDF 

ZDF
Sabine Engl vermisst ihren Sohn

Denn eine Festnahme mit Haftbefehl setzt voraus, dass Marvins Vater für seine Straftat eine Freiheitsstrafe erwartet. Aber das ist hier nicht der Fall. Ihm drohe lediglich eine Geldstrafe, so Schröder.

Zitat

„Ich träume jede Nacht irgendwelche schlimmen Sachen, manchmal auch gute, dass ich ihn wiederhabe. “

Sabine Engl

Mutter hat schlaflose Nächte

Sabine Engl bemüht sich mit ihrer Tochter Jennifer aus erster Ehe, den Alltag zu meistern. Doch seit dem Verschwinden ihres Sohnes fehlt ihr die Kraft. “Ich träume jede Nacht irgendwelche schlimmen Sachen, manchmal auch gute, dass ich ihn wiederhabe. Ich hab einfach auch schlaflose Nächte, unzählige.” Zurzeit bleiben ihr nur die Erinnerungen an glückliche Zeiten. Doch Sabine gibt die Hoffnung nicht auf, Marvin bald wieder bei sich zu haben.

Wo ist Marvin?

Wenn Sie Informationen zu dem Fall haben oder Marvin und seinen Vater gesehen haben, wenden Sie sich bitte an die Staatsanwaltschaft Kaiserslautern unter der Telefonnummer 0631-3721200 (ortsüblicher Tarif). Weitere Kontaktinformationen finden Sie auf der Website(Externer Link – Öffnet in neuem Fenster) der Staatsanwaltschaft.

Published by: ABP World Group International Child Recovery Service

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