Parental Abduction: Mother wins bid not to return with her child to Germany

September 24

Source: The Sydney morning herald 

A woman who unlawfully took custody of her daughter from her German husband has successfully argued in court that she and the child should remain in Australia because returning to Germany would expose her to “psychological harm”.

The 35-year-old Australian woman travelled to Melbourne from Germany with her 61-year-old husband and five-year-old daughter in December last year to visit her family.

But when it was time to return to Germany, she told her husband she wanted a separation and refused to leave the country.

When the father refused to leave, the woman and her family called the police and obtained an interim intervention order against him.

Soon after arriving back in Germany, the father formally sought return of the child to Germany and launched proceedings for custody, armed with expert evidence that he had “a close and loving relationship with the child”.

However, the mother presented evidence that she had been anxious and depressed since 2007 and this was so severely exacerbated by returning to Germany there was a grave risk her daughter would be “exposed to an intolerable situation”.

“[I] had frequent anxiety attacks, was experiencing feelings of intense fear and worry, my heart would race,” the woman told a psychiatrist of her experience of being in Germany.

She said her husband was “unsympathetic and dismissive” of her illness and, as a result, she had to abandon taking medication or seeking therapy and her condition began to deteriorate.

The woman said she had been a victim of violence and emotional abuse by the father, who drank heavily and tightly controlled her access to the family’s finances.

He also allegedly isolated her from her family and made it difficult for her to make friends in Germany.

The husband strenuously denied these allegations and argued that mental health treatment was available in Germany, which would at least enable her to return to take part in a custody hearing.

But Justice Kirsty Macmillan of the Family Court of Australia disagreed.

“I am satisfied … it is not possible to fashion safeguards which would adequately protect the mother from a major depressive episode and ultimately from the effects of a major deterioration in her mental health,” Justice Macmillan found.

This was “likely to impact on the mother’s parenting capacity”.

Her honour rejected demands that the mother returned to Germany, allowing her and the child to remain in Australia.

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MALAYSIA Minister backs IGP’s decision to ignore Seremban child abduction

KUALA LUMPUR, April 14 — Datuk Seri Ahmad Zahid Hamidi defended today the police’s decision to ignore the alleged abduction of a boy by his Muslim convert father in Seremban, saying it was the Home Ministry’s “official stand” not to intervene.

“What has been mentioned by the IGP… that is the official stand by KDN,” he said at a press conference after speaking at the Putrajaya Forum 2014 here, referring to his ministry by its Malay initials.

Ahmad Zahid was asked to comment on criticisms against Inspector-General of Police (IGP) Tan Sri Khalid Abu Bakar who had last week said the police would not act on an abduction complaint against Izwan Abdullah because the latter was granted custody rights over his child by the Shariah Court.

Izwan, a Muslim convert previously known as N. Viran, had reportedly made off with his six-year-old son last Wednesday, two days after the Seremban High Court granted full custody of the boy and his nine-year-old sister to his estranged Hindu wife.

The court had awarded custody to S. Deepa, 30, as her marriage to Izwan, 31, in 2004 was a civil union and did not come under shariah law.

Despite a 2009 Cabinet prohibition of unilateral child conversions, Izwan made both his children embrace Islam last year, and later used their conversions as grounds to seek their custody in the Shariah Court.

It is understood that Izwan, a former lorry driver who currently works for an Islamic NGO called Yayasan Kasih Sayang, had converted both their children in April last year without Deepa’s consent.

Deepa, who filed for divorce and custody of the children in December last year, has been estranged from her husband since 2011.

The case is another in a series of inter-faith custody battles that highlight the complexities of Malaysia’s parallel civil and Shariah legal systems.

Legal experts have insisted that despite the conflicting decisions by the civil and shariah courts, the police’s refusal to act against Izwan’s alleged abduction of his son would only encourage more such cases in the future.

Source: http://www.themalaymailonline.com/malaysia/article/minister-backs-igps-decision-to-ignore-seremban-child-abduction

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Parental Child Abduction – Every other day a child is abducted in any of the Nordic countries.

March 11 , 2014

ABP World Group Child Recovery Services

Every other day a child is abducted in any of the Nordic countries. We read about it in the newspapers,
on social media and all too often the criticism of our government agencies is hard.

 

Frequently the authorities takes a position of a “guarding species”, referring to the police,  prosecutor and international agreements such as  the Hague Convention. If the country, to which the child has been abducted, has signed international agreements there is at least a chance to get the child back, but at a considerable cost.

Significant sums are spent on attorneys’ fees , travels and time. It’s not uncommon that two or three years goes by before you get a result which unfortunately, after all this time, can go in either way.

If there is no signed agreements with the country to which the child has been abducted, the probability of bringing  the child back home with the authorities’ help is nonexistent.

In these cases there are private operators who specializes in assisting the parent, who by court has been awarded custody and from whom the child has been abducted, in actively helping him/her to find a solution. It means that they for example can step in and mediate, coerce or simply locate the child and actively assist the parent in a retraction. What you must always try to achieve is to have the rightful parent physically present in such an action.

In all cases when it needs to go to this level, preparation and groundwork is extremely important.

The risk of  an intervention to get violent is not an option, all actions must be carried out in a safe and secure manner.

We at ABP World Group is one of several companies in the industry offering such services and with more than 10 years of experience we are the first to lament that there is a market for this. What we can do is to offer an active solution to a problem that unfortunately has a potential to be lifelong.

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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.

 

“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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Prevent International Parental Child Abduction: Letter of Parental Authorization for Minors Traveling

January 30 , 2014

Source: gomexico

In order to prevent international child abductions, many countries require children who are traveling without their parents to present documentation that proves that the parents authorize the child to travel.

In the past, it was an official requirement of the Mexican government that any child entering or exiting the country should carry a letter of permission from their parents, or of the absent parent in the case of a child traveling with only one parent.

In many cases the documentation was not asked for, but it could be requested by immigration officials.

Since January 2014, new regulations for children traveling to Mexico stipulate that foreign children who travel to Mexico as tourists or visitors for up to 180 days only need to present a valid passport, and are not required to present other documentation. However, Mexican children, including those holding dual citizenship with another country, or foreign children residing in Mexico who travel unaccompanied by either parent are required to show proof of their parents permission to travel. They must carry a letter from the parents authorizing travel into Mexico. The letter must be translated into Spanish and legalized by the Mexican embassy or consulate in the country where the document was issued. A letter is not required in the case of a child traveling with only one parent.

Note that these are the requirements of the Mexican immigration authorities. Travelers must also meet the requirements of their home country for exit and return.

Here is an example of a letter of authorization for travel:

 (Date)

I (parent’s name), authorize my child/children, (child/children’s name) to travel to (destination) on (date of travel) aboard Airline/Flight # (flight information) with (accompanying adults), returning on (date of return).

Signed by parent or parents
Address:
Telephone/Contact:

Signature/Seal of Mexican embassy or consulate

The same letter in Spanish would read:

(Date)

Yo (parent’s name), autorizo a mi hijo/a (child’s name) a viajar a (destination) el (date of travel) en la aerolinea (flight information) con (name of accompanying adult), regresando el (date of return).

Firmado por los padres
Direccion:
Telefono:

(Signature / Seal of Mexican embassy) Sello de la embajada Mexicana

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LEPCA -Lawyers in Europe on Parental Child Abduction

January 21 , 2014

Source : LEPCA 

European conference 7-8-9-(10*) May 2014

The International Child Abduction Center in the Netherlands (Center IKO) is organising the first European conference for family lawyers who represent parents in international parental child abduction cases, called LEPCA.

The conference takes place on 8 & 9 May 2014 in the Peace Palace in The Hague, the Netherlands. Here you will find the program.

Register now

Our partner in this project is Mediation bei internationalen Kindschaftskonflikten (MiKK) in Berlin, Germany. Associate Partner organisations are law firms in Belgium, France, Italy, Spain and the United Kingdom, and Non-Governmental Organisations in Bulgaria, Poland and Romania. In addition, Center IKO has established a network of specialised law firms and NGO’s in many countries within the European Union.
The LEPCA Conference addresses on legal professionals who deal with the subject of international parental child abduction cases under the 1980 Hague Abduction Convention, the Brussels II bis Regulation and the 1996 Hague Child Protection Convention.

The objective of the project is to learn from best practices, exchange ideas and create a platform of specialised parental child abduction lawyers within Europe.

About LEPCA 

 

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New FCO figures show parental child abduction cases on the rise

December 17 , 2013

Source: www.gov.uk

The number of parental child abduction and custody cases has more than doubled over the last decade *, with almost two children being abducted abroad each day, according to new figures released today by the Foreign & Commonwealth Office (FCO) and charity, Reunite.

The FCO has launched a hard-hitting film, Caught in the middle, to highlight the issues and encourage parents to think of the consequences before doing something that could do lasting damage to the children and families involved.

In 2003/04 the FCO was involved in 272 new parental child abduction and international custody cases. In 2012/13 that figure rose to 580, the second highest figure ever recorded.

This year alone**, Reunite – a charity that provides advice and support to parents involved in parental child abduction cases – has dealt with 447 new cases involving 616 children. It reported a particular spike in cases after Christmas 2012 and again in September this year following the summer holidays.

Mark Simmonds, Minister for Consular Affairs, said:

I was very concerned to see an increase in child abduction cases. Parental child abduction has a devastating emotional impact on the child as well as the taking parent and the parent left behind. It can do lasting damage to a child’s relationship with both parents and their happiness. These are often distressing cases for everyone involved and there are no easy fixes, but our staff around the world work hard to assist those parents left behind.

We are launching this awareness campaign in the lead up to Christmas to try to prevent parents from doing something that would cause significant distress to themselves, their family and most importantly to the child. We also encourage parents to look for warning signs that their partner may be considering this. Once children are taken overseas it can be extremely difficult to secure their return to the UK. Many parents are not aware that by abducting their child, they may be committing a crime.

Alison Shalaby, Chief Executive of Reunite, said:

Parental child abduction is not faith or country specific – we see cases involving a range of countries from France and Poland to Thailand, Pakistan and Australia. The holidays can be a particularly stressful time for families, especially if the relationship between parents has broken down. However, there is help available if you think that your partner may be considering abducting your children. Last year we helped to prevent 412 cases involving 586 children which demonstrates something can be done to prevent it from happening to you.

Parental child abduction cases can take years to resolve, with significant impact on the child or children involved. There is a very real possibility that the child may never be returned. Even when cases are resolved it can take up to 10 years, with a devastating impact on the child, parents and families involved.

There is no typical ‘abducting parent’ – although abductions are more likely to take place where families have links to more than one country and, contrary to popular opinion, it is more likely to be the mother who abducts than the father (approximately 70% of abducting parents are mothers).

It is also much harder to return a child from a country that has not signed the 1980 Hague Convention, an international agreement between certain countries which aims to ensure the return of a child who has been abducted by a parent. The table below illustrates the most common Hague and non-Hague countries that children are abducted to.

As well as emotional distress, both parents may often face severe financial difficulties as they fight for custody of their child through foreign courts. Legal costs overseas and in the UK may continue to mount up for parents, who must bear responsibility for the cost of any legal action taken, even after the child is returned to this country.

The FCO is working with Mumsnet and the charity, Families Need Fathers (FNF) to answer questions parents might have about this issue via their web pages Families Need Fathers and Mumsnet.

Top 10 Hague countries children have been abducted to***	Number of cases 2012/13	Top 10 countries children have been abducted to where Hague returns aren’t available	Number of cases 2012/13
USA	32	Pakistan	35
Poland	29	Thailand	17
Ireland	28	India	16
Germany	18	Japan	11
France	12	Morocco	10
Canada	11	Egypt	8
South Africa	10	United Arab Emirates	8
Spain	10	Philippines	7
Australia	9	Oman	5
Turkey	8	Afghanistan	5

Where to go for help

There are lots of free sources of advice and support to help parents through difficult periods, including if you think your child is at risk of being abducted or has already been taken. You can call the Reunite helpline on 01162 556 234. You can also call social services and speak to a specialist solicitor. Counselling and support is available through Relate and the Samaritans.

Alternatively, you can contact the Foreign & Commonwealth Office on 020 7008 1500, 24 hours a day, seven days a week, visit our Child Abduction page for more information or read our advice leaflet.

You can also email childabduction@fco.gov.uk

Further information

For further information or to arrange media interviews please contact: 0207 478 7840

The 1980 Hague Convention on the Civil Aspects of International Child Abduction is a multi-lateral international treaty, the aim of which is the return of a child who has been wrongfully removed or wrongfully retained away from the country where he or she normally lives, so that issues of residence (which parent a child should live with), relocation (which country a child should live in) and contact (access) can be decided by the courts of that country. All cases that come under the Hague Convention are dealt with by one of the three Central Authorities in the UK (the International Child Abduction and Contact Unit covers England and Wales and there are two separate bodies for Scotland and Northern Ireland). To find out which countries are part of this Convention, visit the HccH website

Visit our Child Abduction page for further information on parental child abduction, or the Reunite website

*Taken from 2003-2013 data held by the FCO. The FCO dealt with 580 new child abduction and custody cases in 2012/13, a 113% increase on the 272 new child abduction and custody cases it dealt with in 2003/04

**Reunite figures, January 2013 – October 2013

***Based on figures provided by the 1980 Hague Central Authority for England and Wales, Scottish 1980 Hague Central Authority and the 1980 Hague Central Authority in Northern Ireland.

Also read: Christmas holiday is the high season for International parental child kidnapping

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Parental Child Kidnapping – Already a Common Occurrence by 1856

The following article is noteworthy for offering evidence, in its comment on the case of a Mr. Thompson, “which has all too many parallels in California,” suggesting that parental kidnapping was already, by the 1850s quite a common ocurrance in the United States

***

FULL TEXT (Article 1 of 2): We would call attention to an advertisement in another column, under the caption of “Information Wanted.”  Mr. Thompson has called on us, and told us his story. It is one which has all too many parallels in California, yet he is entitled to heartfelt sympathy. It seems that about five months ago, he sailed for China, leaving his wife and two children in San Francisco. Before leaving he gave his wife $375, with which to pay her passage by the steamer to New York, he expecting to return to China by Cape Horn. The vessel, however, took passengers for San Francisco, and returned to New York, but was living at Vallejo with a man named John Forman, as his mistress.

Thither Thompson went, but found the parties had come to this city, some two weeks previous. He followed here, learned their arrival about that time, but could obtain no further certain clue to them. Partial information leads him to the belief that they went from here to Sonora. Mr. Thompson merely desires to recover the possession of his two children (girls), respectively six and eight years of age. John Forman, the despoiler of his happiness, is represented as being a ship caulker by trade; is a stout built man, about five feet six inches in height, with red whiskers.

The eldest child, Eliza, is of light complexion, blue eyes and has lost two of the lower front teeth. The youngest is of dark complexion and has a scar on the forehead. Any information of the parties will be thankfully received by Ananias Thompson (who appears to be as highly respectable man) at the Globe Hotel, corner of Davis and Chambers street, San Francisco.

NOTE: The comment “all too many parallels” indicates that parental kidnapping was already recognized as a “social problem” by 1856 in California.

November 18, 2013

Source:unknownmsandry

[“A Recreant Wife,” Weekly San Juan Republican (Stockton, Ca.), Jul. 5, 1856, p. 3]

Paragraph breaks not in original

***

FULL TEXT (Article 2 of 2): We published the other day a case of seduction and desertion, the aggravated party being Mr. Ananias Thompson. In the account we published, it was stated that the seducer was a person named John Forman. From the Bay papers it would seem that the recreant parties had separated, Mrs. Thompson, alias Mrs. Forman, having left her last paramour, a married man at San Francisco named Dougherty. Mr. Thompson learned the fact, applied at the police office for a warrant for her arrest for the purpose of recovering possession of his two little girls, but the papers state, [sic] he was informed that he could not testify against his wife, except in a case of assault and battery. He then obtained a friend, cognizant of the facts, to make the complaint, and the warrant was issued.

[“Charge Of Bigamy,” Weekly San Juan Republican (Stockton, Ca.), Jul. 12, 1856, p. 2]

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Real-life Rambo, mercenary Joseph Manuel Hunter, arrested over assassination plot, drug smuggling

September 29, 2013

Source: ABC News

A former soldier nicknamed Rambo has been arrested after leading a team of highly trained mercenaries across exotic locations in a plot to kill a US drug enforcement agent.

A legal document lodged by the US attorney’s office in New York alleges Joseph Manuel Hunter, also known as Frank Robinson, Jim Riker and Rambo, plotted to carry out the contract killing for $US850,000, and also attempted to import cocaine into the US.

His fellow accused are nicknamed Tay, Nico, Paul and Gerald, the Grand Jury indictment reads.

Two of the team were arrested on Wednesday entering Liberia to allegedly carry out the contract hit, which was given to them by undercover sources for the US Drug Enforcement Agency (DEA).

Simultaneously, Hunter was also taken into custody at the Phuket Country Club by heavily armed Thai police and is expected to arrive in the United States tonight (AEST).

The US attorney’s office alleges he planned the hit and led the team of mercenaries.

Hunter made requests to the undercover sources for silenced weapons, a scoped rifle and the team was also provided with highly specialised latex masks to hide their identities.

Read the full Grand Jury indictment for Joseph ‘Rambo’ Hunter

Hunter – the central figure of the conspiracy – is a 21-year veteran of the US military who led air assault and airborne infantry squads, as well as trained snipers.

Since leaving the military in 2004 he has arranged for the “murders of multiple people”, the US attorney’s office alleges.

Nico and Paul had served in the armed forces of Germany, while Gerald was a member of Poland’s elite counter-terrorism unit. All three were snipers. Tay, whose real name is Timothy Vamvakias, is a former US Army sergeant and a military police officer who served with Hunter.

The indictment explains that this conspiracy began late last year when Hunter began recruiting members of his team. In January this year Hunter met two people in Thailand who portrayed themselves as Colombian drug dealers to whom Hunter gave his team’s resumes.

They were in fact sources for the US Drug Enforcement Agency and all their conversations on that day and at future meetings were secretly recorded.

Undercover agents offer Hunter ‘bonus jobs’

In March, Hunter met the fake drug dealers again. He was told that apart from being security for a drug running-organisation he could expect “bonus jobs”, or contract kills.

Hunter told the DEA sources he had undertaken that sort of work before.

Authorities recorded Hunter’s conversation with his team later on the same day. He told the team what their new employers were expecting of them and that they would see “tons of cocaine and millions of dollars”.

He also said they would be doing “assassinations” and that most of the bonus work would be up-close killings because in the cities you do not get long-range shots. Hunter also divulged that he had arranged for two female real estate agents to be killed.

In April, the conspiracy moved to Mauritius where the team provided security for a real eastern European drug-trafficking organisation that had shipped over 200 kilograms of cocaine.

They also provided counter-surveillance on a weapons deal for the fake Colombian drug dealers.

In June they went to the Bahamas to provide surveillance of a massive cocaine haul being loaded onto a plane bound for the US. It was after this job they were offered a contract to kill a DEA agent and a boat captain in Liberia. He replied in an email: “They (the mercenary team) will handle both jobs they just need good tools”.

Items needed: Submachine guns, silenced pistols, latex masks

In July he sent a list of items he would need – two submachine guns with silencers, pistols with silencers, a .308 rifle with a scope and two concealment vests.

Later they would be provided with highly specialised latex masks, which can make the wearer appear from another race.

Finally, in August, Hunter and teammate Vamvakias met up with the fake Colombian dealers to discuss the details of the assassinations, which were again recorded.

Vamvakias told them the team would “have to get up close” and that if his primary weapon malfunctioned he would need the pistols to “hit it hard, hit it fast, make sure it gets done and get the f*** out of there”.

They also asked about how to get into the country without having their passports stamped and they were told they would be flown out in a private plane.

Hunter said the extraction would be “the biggest headache” rather than the “job”.

In all it would take two weeks: one week for surveillance and one week to “make it happen”, he allegedly said.

By this stage two of the team – Paul and Gerald – had backed out of the job.

Hunter said he would arrange for Vamvakias and Nico to do the job together.

Nico is recorded as saying about the “bonus jobs” that “actually for me that’s fun, I love this work”.

On Wednesday this week they arrived in Liberia to allegedly commit the planned murders for hire and were arrested and sent to the US, where they have now been charged.

Paul and Gerald, who had pulled out of the mission, were arrested in Estonia.

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