How To Spot Signs Of Potential Parental Kidnapping

Source: Garett Law Group

As indicated by the Department of Justice, around 200,000 kids are subjects of parental kidnapping year after year. Six percent of such parental kidnapping incidents are open for six months or longer. Regrettably, some never have been closed at all.

This is a incredible, albeit sobering, fact. The individual who a parent should be able to trust with their children, the other parent, their spouse, can also grow to be so cold and callous as to betray the trust of not only their significant other, but the trust of their own child!

Parental kidnapping does not just up and happen out of the blue. Certainly, the crime itself may come as a shock to most, however you can always find issues that produce the parent’s feeling of desperation and those examples are most always the effect of a recent divorce, as well as loss of the child as a result of a child custody hearing.

What is Parental Kidnapping, Exactly?

To determine parental kidnapping, the parental right of child custody must be discussed first. The reason being is the parent that is determined by the judge as the child’s legal guardian and/or granted child custody, can by law take that child anywhere they desire within reason.

Child custody starts and ends with the true biological parents of a child. Void of any unique mitigating factors, parents can make almost all decisions involving how, and in addition where, they opt to rear their child. The parent has the legal standing to choose the child’s education, their healthcare, religion and the topic at hand, location of the child’s home. The laws are quite clear and parents do not need to petition the court for legal right to make one of these selections regarding their child.

The issues that reflect back regarding parental kidnapping and which parent is the victim surrounds those particular mitigating issues. Of which, there are several. Although these factors could be a parent’s ability to make these selections, both legally and rationally, has come under question due to their mental capacity, or even their physical capacity. For example if one parent was experiencing dementia, or was in the penitentiary, stationed in a foreign country, etc. In this sort of situation, attorneys would ask the family court for a child custody hearing. The complexities could be limitless, however it typically involves just one – divorce.

Parental Kidnapping and The Role Divorce Plays;

Divorces concerning child custody are as challenging and complex as any suit which has. In cases pertaining to custody of the children, lives are held in the balance. The destiny of a child, as well as the absolute heartbreaking loss of one of the two parents taking part lies directly at the feet of the judge. Custody is a significant hearing in the lives of families concerned.

When a divorce has been filed, the divorce attorneys for both parties will talk about child custody, may it be joint custody or sole custody, visitation rights, financial obligations, health care insurance coverage for the child, child support and numerous additional details still to be haggled over in family court. Unfortunately, when there is no common agreements made regarding joint custody between the mother and father, one will certainly walk out of court having lost their entire family with one stroke of a pen.

Having lost legal custody of the child, the parent has a diminished legal right to make selections in connection with the rearing of that child. From that moment on, any right of that parent is permitted primarily depending on any stipulations decided on by the parties, divorce lawyers and ordered by the court. This may often be more emotional distress than a person might tolerate. It is this experience which could very well stimulate this usually reasonable and rational person to commit a totally illogical and non-rational offense – parental kidnapping.

When, one parent, voluntarily and knowingly takes a child with the aim to deny the custodial parent of their legal rights specified under the judge’s order of child custody, has committed the crime of parental kidnapping. It matters in no way what county, what city, nor what state somebody suspected of parental kidnapping might go. Under the federal laws that oversee such cases, the Parental Kidnapping Prevention Act rigorously enforces the child custody decision made by the judge of any and all states. Every state will value, uphold and honor the child custody decision of another state.

What to Watch For;

If you, or somebody you know or cherish has recently, is presently suffering through a divorce which entail child custody, there are particular warning signs you, or they, have to be on the lookout for to possibly avoid being, and the child being, the victim of parental kidnapping. Through the procedure, if a parent starts to reveal the appearance of not being emotionally, or mentally intact as they once were, advise your divorce lawyer of this and let it be known and documented. The person might indeed be in need of mental help or counseling to be able to better manage the events unfolding beyond their control. It is logical, though having said that, be on guard.

An additional signal to look out for is after the proceedings have all happened and things have to some degree calmed down, the parent begins returning the child from visitation later than arranged. It is wise to have your divorce lawyer make the periods of visitation recorded in the court papers. Each party should recognize and agree on these times and they should be respected and enforced. If the time of return begins to be an issue, politely remind them of the order of the court and call your divorce attorney and ask his or her guidance on the problem at once.

Anytime the parent says or does something that remotely implies there may be a concern, or if they ever threaten in anyway the possibility of not returning the child, or “taking the child away and you never see them again”, without delay end all contact with the parent and promptly call your divorce attorney and the police. Never take this sort of threat as a joke and never allow your child go away with the parent unsupervised again. Have your divorce attorney ask the judge for the visitation rights to be suspended and/or supervised.

In The Event Of Parental Kidnapping;

Should the parent has left with your child without any reason that you weren’t made previously aware of, there might be an issue and you need to start calling the other parent immediately. After a couple of phone calls and no reply and no return phone call, call law enforcement and have them go to the parent’s house to check things out. Don’t go by yourself! Anything might happen when dealing with someone perhaps volatile. At the first indication of parental kidnapping, call the police. The faster the authorities can start working on the case, the better the likelihood of a speedy reunion with you and your child.

Typically, the wronged parent does not want to believe their ex might be capable of parental kidnapping. It is this refusal that allows critical minutes and hours tick away and the child to get further and further away from home. Again, parental kidnapping occurs 200,000 times each year, according to the Dept. of Justice. Take notice, be on guard, do not tolerate threats and your child won’t become 200,001.

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Songs help musician cope with child abduction

Source: soundernews.com

As a 20-year music veteran, Lee Ellefson’s seven previous CDs have always been connected with business. His latest compilation, Galamae, is purely personal though, the result of a difficult time in Lee’s life – the abduction of his young daughter by her mother one-and-a-half years ago.
Named after his daughter, the CD is a collection of work the Gabriola-based musician has compiled over the last two years.
“Writing [the songs] was part of me processing the emotions,” Lee said. “The processing I think was healthy.”
The record is mostly jazz instrumental, Lee’s musical focus over the years, with some Latin influences. He recorded the album at Vancouver Island University where he is a guitar instructor in the music department.

“The writing just came – that wasn’t something I had to force,” Lee said of the process. “It wasn’t something I’d ever planned to do.”
Galamae is now over two years old and Lee has not seen her, nor even a picture of her, since she was taken. He continues to fight his ex-wife in court for custody. Galamae is living in Thailand with her mother who is married to another Canadian man.
“I was a father that was totally psyched about being a father,” said Lee. “My ex removed my child from a healthy situation; there was nothing abusive or dangerous about the life she had…. Her motivations, whatever they were, were selfish.” 
A concert is scheduled for April 12, 7 p.m., at the VIU theatre (building 310) where Lee will take the opportunity to discuss fathers’ rights and the court system. Tickets are available at Gabriola Artworks, Fascinating Rhythm and at the VIU music department for $12 ($10 for students). CDs will be on sale for $10.
“I’m hoping it helps me move forward a bit.”

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One key to ABP World Group`s successful recovery and re-unification of your loved one is to use all necessary means available

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Join the Facebook Group: International Parental Child Abduction

NOTE: We are always available 24/7

U.S Phone Number: (646) 502-7443

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El 53% de llamadas a número de niños desaparecidos es por secuestro parental

El 53 por ciento de las llamadas recibidas entre septiembre de 2010 y marzo de 2011 al número 116000 para casos de niños desaparecidos que gestiona la Fundación Anar hacen referencia al secuestro parental de un menor. 

Así lo asegura en un comunicado la Fundación Anar, con motivo de la conmemoración mañana del Día Internacional de Niños Desaparecidos, jornada que tiene su origen en un hecho ocurrido el 25 de mayo de 1979 cuando un menor fue raptado en Nueva York (Estados Unidos) y posteriormente se le dio por desaparecido.

La Fundación puso en marcha en España el pasado 15 de septiembre el número único de la UE 116000 para casos de niños desaparecidos tras adjudicarle la gestión de este servicio el Ministerio de Industria, Turismo y Comercio.

Anar asegura que los familiares amigos y educadores de los niños desaparecidos viven una situación “inimaginable para todos”, por lo que es necesario “brindarles el apoyo psicológico, técnico y jurídico que pueda aliviar la angustia de estos momentos”. La UE respondió a este problema precisamente con la implantación del teléfono único 116000 para todo el continente, que en el futuro apunta el comunicado, será de ámbito mundial.

Actualmente, este número está activo en 13 países europeos y para ofrecer este servicio en España y actuar de “forma coordinada” con el resto de los países europeos, la Fundación Anar forma parte de la plataforma internacional “Missing Children Europe” (Niños Perdidos Europa). El total de llamadas atendidas desde que se puso en marcha el teléfono el 15 de septiembre de 2010 hasta el 31 de marzo de 2011, asciende a 1.775 llamadas procedentes de toda España y muchas de ellas son para informarse sobre las características del servicio y qué ayudas puede ofrecer.

Hasta el 31 de Marzo de 2011, estas llamadas han dado origen a la apertura de 117 casos por desaparición de un menor.
Según explica la Fundación Anar, un niño desaparecido puede haberse fugado de su domicilio, ser un menor de edad inmigrante no acompañado, puede ser objeto de un secuestro parental, puede estar perdido o herido, o bien puede ser víctima de un secuestro.

En este sentido, indica que en el periodo de tiempo mencionado, el 53 por ciento de los casos atendidos hacen referencia al secuestro parental de un menor, es decir, cuando uno o ambos padres, o la persona que ostenta la guarda del menor se lo lleva a otro lugar dentro del país, o al extranjero, contra la voluntad del otro progenitor.

El 33 por ciento de los casos se deben a fugas de menores de su domicilio: aquellas en las que el menor voluntariamente se va o abandona su casa, la institución donde está acogido o la compañía de las personas que son responsables de su cuidado.

Publicado por : ABP World Group Ltd. internacional de menores por Servicios de Recuperación

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Attorney advise non-custodial parents to request the children’s passports be held by the Court

A TIP FOR PREVENTING PARENTAL ABDUCTION OF A CHILD TO A FOREIGN COUNTRY

CNN posted an article in October of 2009 that raised the question about what a parent can do to prevent child abduction. According to the article, Christopher Savoie, an American father, was granted full custody of his children by a Tennessee Court after learning that they were removed to Japan without his consent by their mother. He went to Japan to retrieve the children and was put in jail for his attempt to abduct his own children.

Japan is not a signator to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

Mr. Savoie was arrested by Japanese police officers called by the children’s mother when he attempted to take the children to the American consulate to obtain their passports to return to the U.S.

In cases involving worries of abduction, I advise non-custodial parents to request the children’s passports be held by the Court. A passport may be issued to a parent with sole custody, and any parent with worry that the other may abduct the child is encouraged to push for a joint legal custody order, to prevent the unconsented-to issuance of a passport. Additionally, when parties settle, I include language indicating that Minnesota shall have sole exclusive jurisdiction over custody and parenting time disputes. However, I also advise my clients that I cannot guarantee a foreign Court will feel bound by that language.

The U.S. State Department’s web site for obtaining a passport for a minor child can be reached at http://travel.state.gov/passport/get/minors/minors_834.html.

The passport application form specifies the document requirements to obtain a passport, which include:

To submit an application for a child under age 16 both parents or the child’s legal guardian(s) must appear and present the following:

• Evidence of the child’s U.S. citizenship,
• Evidence of the child’s relationship to parents/guardian(s), AND
• Parental/guardian identification.

 

IF ONLY ONE PARENT APPEARS YOU MUST ALSO SUBMIT ONE OF THE FOLLOWING:

• Second parent’s notarized written statement consenting to passport issuance for the child,
• Primary evidence of sole authority to apply, OR
• A written statement (made under penalty of perjury) explaining the second parent’s unavailability.

Cooper & Reid, LLC is a Minnesota law firm focusing on family law and social security disability matters for clients of modest means. Our community-focused practice brings many years of experience and high-quality legal representation to those who might not otherwise be able to afford it. We offer sliding scale fees to low-income clients and innovative representation arrangements for pro se litigants. Find out more about Cooper & Reid, LLC at www.cooperandreid.com 

Published by: ABP World Group International Child Recovery Services

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Parental Abduction – The Philippines

Parental child abduction is not a crime under Philippine law.

Custody disputes are considered civil legal matters that must be resolved between the concerned parties or through the courts in the Philippines. Philippine authorities advise the American Embassy that generally the Philippine courts will give custody of children under the age of seven to the mother, provided there is no evidence that would indicate that the mother is unfit to raise the child. Although there is no treaty in force between the United States and the Philippines on enforcement of judgments, the Philippine courts will also take into consideration child custody decrees issued by foreign courts in deciding disputes regarding children residing in the Philippines.

General Information: The Philippines is not a party to the Hague Convention on the Civil Aspects of International Child Abduction, nor are there any international or bilateral treaties in force between the Philippines and the United States dealing with international parental child abduction. Therefore, there is no treaty remedy by which the left behind parent would be able to pursue recovery of the child/ren should they be abducted to or wrongfully retained in the Philippines. Once in the Philippines, the child/ren would be completely subject to Philippine law for all matters including custody.

Note: If your child is abducted to The Philippines, you will have very small chances to win the legal dispute there. The Philippines never returns abducted children. The only way is to re-kidnap the child or to make a deal with your ex spouse. It`s all about money in The Philippines.

 

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Six warning signs of possible child abduction

The incidence of international child abductions is greater than official figures reveal.

Some of the warning signs of impending abduction include:

1. The other parent is planning a trip out of the country with your child;
2. Your ex-spouse is coming from overseas, and you are worried they plan to abduct your child;
3. Your ex-spouse wants you to co-sign your child’s passport without good reason;
4. Your  child is a citizen of a country which allows one parent alone to apply for the child’s passport and you have a fear of child abduction;
5. The other parent has a home, a family or other connections overseas and you are concerned that there is no reason for them to stay in your country;
6. The other parent has no substantial property or employment in your country, and nothing keeping them here.

In addition, you should obtain urgent legal advice if:

1. The other parent has already left the country with your child;
2. You are not sure if they plan to return or if you believe they will not return;
3. There is a link to overseas family or property;
4. There is no other significant link to your country.

If any of the above applies to you, you should make an urgent appointment to see a family lawyer for further advice specific to your situation.

How to search for an abducted child

What steps can you take if you want to know the location of a child who you believe has been abducted? Under the Family Law Act, certain people can apply for a location order in relation to a child. A location order is an order made by a court that requires a person to provide information about a child’s location to the court.

The following people can apply for a location order: (Australia)

• a person who a child is to live with in accordance with a parenting order;
• a person who a child is to spend time with in accordance with a parenting order;
• a person who a child is to communicate with under a parenting order;
• a person who has parental responsibility for a child under a parenting order;
• a grandparent of a child;
• any other person concerned with the care, welfare or development of a child;
• For the purposes of the Child Protection Convention, a person (including the Commonwealth Central Authority) may apply to a court for a location order.

If you suspect a child is about to be abducted and taken out of the country you need to act quickly.

Source: Armstrong Legal

 

Published by: ABP World Group International Child Recovery Services

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International Parental Child Abduction – Re-Kidnap / Re-Abduction

This is what The U.S Department of State recommend parents of abducted children. We disagree. Recover your child as quick as possible, before they get alienated or worse.

Source: U.S Department of State

We strongly discourage taking desperate and possibly illegal measures to return your child to the United States.  Attempts to re-abduct your child back into the United States may:

• Endanger your child and others;
• Prejudice any future judicial efforts you might wish to make in that country to stabilize the situation; and
• Result in your arrest and imprisonment in that country — If you are arrested, the foreign court will not necessarily give weight to the fact that you might have custody of your child in the United States, nor will the United States Embassy be able to secure your release.

If you do succeed in leaving the foreign country with your child, you and anyone who assisted you may be the target of arrest warrants and extradition requests in the U.S. or any other country where you are found.

Finally, there is no guarantee that the chain of abductions would end with the one committed by you.  A parent who has re-abducted a child may have to go to extraordinary lengths to conceal his or her whereabouts, living in permanent fear that the child may be re-abducted again.

IMPORTANT NOTE: United States Consular officers cannot take possession of a child abducted by a parent or aid parents attempting to act in violation of the laws of a foreign country. Consular officers must act in accordance with the laws of the country to which they are assigned.

Emotional Consequences for Your Child:

If you are contemplating such desperate measures, we advise you to consider the emotional trauma inflicted on a child who is a victim of abduction and re-abduction. We discourage re-abduction not only because it is illegal, but also because of possible psychological harm to the child.

ABP World Group Ltd. can help you if your children are abducted or kidnapped. Our skilled operators can locate and recover your child from any country or region in the world.

Published by: ABP World Group International Child Recovery Services

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Abducted Children – We can bring them back

ABP International Child Recovery Service

The goal of Abp World Group international child recovery services is to locate, negotiate and recover your missing child.

We can dispatch personnel to most locations in the world; we specialize in locating missing children up to ages 18.

Areas of expertise: Parental abduction, Missing children, Kidnappings,
Runaway children and Counselling.

Unfortunately in this day and time parental kidnapping happens and we are here to help you trough this difficult period.
We are aware parental child abduction can be difficult to resolve, but we use professional operatives with the skills and expertise to help find a resolution.

One key to Abp World Group`s successful recovery and re-unification of your loved one is to use all necessary means available

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Parental Child Abduction – A Mother`s story

Published by: Bortført.no

My story

Foto: Marie von Krogh

ABDUCTED TO NORWAY

During a visit to Jersey UK where I lived with my three children for whom I had custody, I made the fatal mistake of letting my Norwegian ex husband take them to school on day. They never arrived. Instead they were abducted by him and his father and smuggled off the Island by private boat to France some 10 miles away by sea, where the grandfather had cunningly placed his Norwegian registered car ready to travel through Europe up to Denmark where they would all take the ferry to Norway the next evening. The children had no passports or ID, and my ex husband admitted that he had planned it all. He had also forged my signature to register the children in the Folk register in Norway. He did not submit the Court Order or the true documents.

The Jersey Court immediately issued an Order for the return of the children with an attached Arrest Warrant, which was faxed to the Police after Kristiansand Port Authority had confirmed they had arrived in Norway.

A false petition made by his Norwegian lawyer was also submitted to the Court prior to their arrival in Norway, and this petition was completely untrue, false in everyway, made with the sole intention to deceive the Court. Attached to it were the illegal registration forms from the Folk register and a forged letter that he claimed I had signed to give him custody of my children. Again, he did not mention or submit the valid Court Order or the Agreement he signed. He knew he would not have been able to register the children if he had.

The British Embassy in Oslo, UK Foreign Affairs Office and the Jersey Royal Court requested Norway to respect my Court Order and return the children. Norway dismissed this. The Attorney General in Jersey contacted the Justice Department in Norway requesting it take into account that the Hague Convention on child abduction in Jersey was about to be ratified, again all requests were rejected. When his next letter asked for the case to be resolved through “Judicial comity”, an action between countries to try to resolve disputes in diplomatic ways, this request did not even receive a reply.

During a hearing in the District Court, the judge concluded that there was no reason to return the children to Jersey, and no evidence or documents suggesting they should be. It was clear the judge failed to read the requests, Court Order and all other evidence, but it is my view that this was all deliberately ignored.

During a hearing in the Court some months later, his Norwegian lawyer stated that she knew of my ex husband’s intention to abduct the children and had drawn up the petition with him prior to him leaving Norway. He himself also stated that he had planned it all for a long period with the help of his lawyer and the Norwegian Consul in Jersey, and he had also had taken advice from the Norwegian Ministry, whom he stated all advised him that the best way to get custody of the children was to ensure he got them to Norway as quick as possible and applied for custody there as he would be favored.

Evidence of the statements they made were submitted to another Court later, which further showed the extent of the Norwegian Consul’s involvement, and proved that my ex and his father had kept the Consul fully informed of the progress of the abduction as they headed to Norway after abducting, and further to inform him they arrived in Norway, and again months later, to inform him of the progress.

The Consul, who was fully aware that there was an existing High Court Order in Jersey for which my ex husband had no rights of custody and no right to remove the children from my care, did nothing. He alerted no police and no authorities Instead, he chose state to my lawyers that although he was informed during many meetings with my ex husband that he wanted to abduct them, and he said he was in Jersey to help Norwegians, not Jersey people. Even after being told of the abduction and knowing my ex husband’s whereabouts, he failed to advise the Police who could have detained him and my children at that point, and prevented them traveling further.

In Court he also lied at first stating quite strongly that he was annoyed his name had been mentioned as he did not know who my ex husband or his father were. He said he had ever had any contact with either of them and had actually never heard of them…. Until however, when confronted with transcripts of his own written evidence by way of letter to me, and also in documents submitted by my Jersey lawyers, his memory returned very quickly and precise.

The judge however, even being aware of all the lies told in Court from my ex’s side, against all the extensive evidence proving my case, against the Court Orders, and also after hearing my ex husband’s own statement of how he had carefully planned the abduction with the help of his lawyer and the Norwegian Consul, took my children and dismissed me as the children’s Mother.

He gave me only 4 hours a week visitation under strict supervision, stating that the FATHER had to be safeguarded against me taking my children home!

And so began a 6 year battle in the Norwegian Courts at all levels, judges who persistently refused to take into account any evidence or background of my children’s lives before Norway. Judges who continuously deprived not only me but my children of their Mother, and made it impossible for me and my children to have any real relationship like we once had or any decent contact for that matter, against all the evidence of what my ex husband did. They did not care he forged my signature, prevented my access, or how he used the children for his own gain, the law was “irrelevant” to him.

My children were happy children. There has never been any history of abuse, alcoholism, drugs or anything untoward in our family. My children had a nice home, a close family, many friends, they were settled in school and most of all, they had a Mother who loved them but all of this accounted for nothing in the Norwegian Courts.

In Norway, it’s okay to abduct children – as long as you are Norwegian”. You can forge documents and give them to authorities because its “irrelevant” or “not valid for the question”. There is no law for Norwegians. The Norwegian authorities actually help their citizens abduct children from abroad, regardless of circumstances or other countries Court Orders.

For 6 years I have been treated like a criminal and subjected to horrific injustice. Many Christmas’s and birthdays with gifts only exchanged in front of impersonal visitors and mostly behind a locked door, never alone. No cuddling or talking with my children as this was seen as me manipulating my children with love. The emotional stress of hearing your child whisper in your ear “take me home Mummy”.

The Court said this was how it had to be as there was a risk I would take my children home to Jersey. Yet I never abducted my children to Norway. He did. But as I was not Norwegian, I was put under strict and extreme conditions, the type of interaction I was allowed with my children is the same given to parents in severe child welfare cases, incest, molestation, family violence, alcoholism and drug addicts, murderers. And all because I had legal custody of my children and we lived in Jersey, but the father wanted them to live in Norway.

I was convicted on assumptions and presumptions by the Courts, penalized by so called “experts” named psychologists and child welfare services who did not have a clue about the situation at all, all who said my children’s lives were “irrelevant” before they got to Norway, and all  who sided with my ex husband and his lies. They all wiped out my children’s previous life. All that mattered was Norway. Their background was unimportant, not relevant they all said. Anything and everything was used against me, yet nothing was said about him or what he did or how he was manipulating the children to his advantage with extreme Parental Alienation… Nothing was either mentioned about his lies. The Court said he did nothing wrong in abducting my children against a Court Order. They looked for ways to praise him instead of seeing him for the calculating lying manipulative abductor that he was.

Legal witnesses were dismissed as irrelevant with judges stating that I had been given too much advice, was focused on the law instead of the fact my children were in Norway, referring to me being the abductor for taking my children home after my marriage failed, having spent only some 200 days in Norway during a temporary reconciliation of marriage period, all despite the fact that I had rights of custody and legal agreements in place.

I moved to Norway to be near my children after they were abducted. Even then I never got a fair hearing. There has been no equality in the law for me.

What is very clear however is that if you’re Norwegian it’s accepted by the Courts, the Norwegian Ministry, the authorities, the psychologists, everywhere you look, it’s accepted for you to go to other countries and abduct your children against your spouse’s custody rights and Court Orders without any fear of repercussion in the Norwegian Courts for doing it. And we only have to look at the Skah case to see this.

Sadly for me, there were no Jersey Elite Soldiers with ties to the UK Intelligence Service to smuggle my children out of Norway back to Jersey on a sailboat. I took the legal route and abided by the law… did it help me?… NO!

Norway took my children regardless of the law. They ripped a Mother out of the lives of three small children whom they had lived with all their life, a happy life full of love and security. They gave them to their abductor on a silver plate after a well planned and calculated abduction by their Norwegian father and grandfather!

This is how Norway treats foreign parents.

Published by: ABP World Group International Child Recovery Services

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Er det greit å bortføre egne barn til Norge?

Kilde: Bortført.no

Britiske Christines tre barn, 10, 9 and 5 år gamle, ble bortført fra Jersey til Norge i 2005 av sin norske far. Christines ublide møte med norske myndigheter skildres i A-magasinets artikkel ”Dømt til å tape” 11.03.11.

Etter borføringen valgte Christine å flytte til Norge for å være nær barna. Henne ubeskjedne ønske om 50 % omsorg for barna ble avslått av norsk rettsvesen, og domstolen valgte i stedet å gi henne noen usle timers samvær under rigid tilsyn av farens venner, av frykt for at moren skulle ta med seg barna tilbake til Jersey. Barnebortføreren fikk altså rettens beskyttelse, mens moren som ble frarøvet barna ble straffet. Gerard Baudains, tidligere parlamentariker i House of Lords, sier til Aftenposten: ”Det norske rettsystemet er like korrupt som et hvilket som helst land i den tredje verden.” Foto: Marie Von Krogh

I norske domstoler blir familiesaker hemmeligholdt som om rikets sikkerhet skulle stå på spill. Angivelig er årsaken at individet skal skjermes, men når man ser hvilke represalier mennesker som prøver å eksponere domstolene blir utsatt for,synes det som om det egentlige målet er å beskytte domstolene.

Når britiske parlamentarikere sammenligner det norske rettsystemet med tilstander man finner i Uganda, maner det til ettertanke. For eksempel er det uforståelig for briter at norske domstoler ikke benytter stenografer eller lydopptak. Like ubegripelig er det at sakkyndige psykologer skriver lange rapporter med bombastiske konklusjoner etter kun å ha snakket med et menneske i 45 minutter. Der er også problematisk at den samme gjengen sakkyndige begår liknende overgrep i sak etter sak. I Storbritannia og andre vestlige land finnes det standardiserte rutiner for bruk av sakkyndige, men altså ikke i annerledeslandet Norge.

Christine flyttet etter de bortførte barna sine, og norsk rett straffet henne med en samværsordning som ikke kan kalle noe annet enn nedverdigende og en belastende for både mor og barn. Aftenpostens journalist Karine Østtveit beskriver det slik: “Det er denne typen samvær foreldre i tunge barnevernssaker får; de samme smulene av familieliv som rusmissbrukere og voldsdømte kan bli tilkjent. I Christines tilfelle var det aldri snakk om rus eller vold. Dommerens frykt for at hun skulle ta med barna ut av landet, førte til at hun mistet både foreldreansvaret og normalt helgesamvær. – En vanlig ressurssterk norsk mor ville aldri fått så lite samvær . Det er ingen tvil om det, mener advokat Tone  Linn Thingvold.”

Norsk rettsvesen like korrupt som i Uganda?

Jersey er en kronbesittelse av Storbritannia, og innbyggerne har britiske pass. Selv om Jersey har sitt eget innenriksstyre, styres utenrikspolitikken fra London. Jersey er en av De Britiske Øyer og Storbritannia har tiltrådt Haagkonvensjonen, slik at det ville være naturlig om norske myndigheter betraktet disse tre barna som britiske statsborgere (hvilket de er) og returnere dem i samsvar konvensjonen. I stedet har Justisdepartementet og domstolen drevet juridisk flisespikkeri og definert Jersey utenfor britisk konvensjonsområde, uten å begrunne hvorfor – et trekk som gjerne deles med land vi helst ikke liker å sammenlikne oss med.

Christine forteller at barnas farfar, som foretok selve bortføringen sammen med sønnen, er en innflytelsesrik mann pensjonert fra ledende stilling i Statoil. Det er også påfallende at farens prosesskriv var forfattet, og at barna var registrert i Folkeregisteret, med morens forfalskede underskrift, i god tid før bortføringen fant sted. Barnebortførerne hadde også drevet lobbyvirksomhet hos Justisdepartementet.

Den britiske parlamentarikeren Gerard Baudains (bildet) sendte en diplomatisk note til Justisdepartementet hvor han anmodet om at departementet anerkjente kjennelsen fra britisk rett som slår fast at Christines er tilkjent daglig omsorg, og at barna derfor ble ulovlig bortført fra britisk territorium. Justisdepartementet avslo anmodningen. Og som det ikke det var nok ble Baudains nektet å vitne da saken ble behandlet i domstolen!

Justisdepartementets stassekretær Astri Aas-Hansen understreker ovenfor Aftenposten at Christines sak ikke er en konvensjonssak, og at det derfor er opp til norske domstoler å avgjøre saken.  Slik unngår hun selve kardinalspørsmålet, nemlig hvordan Justisdepartementet makter å definere barn med fullt britisk statsborgerskap som ikke tilhørende Haagkonvensjonen.

Tradisjonen tro begrunner ikke Aas-Hansen sin tolkning, men andre gjør: Statsadvokaten på Jersey informerte Justisdepartementet allerede i 2005 at ”Jersey er en av De Britiske Øyer og at Hennes Majestets Regjering i Storbritannia representerer Jersey i utenriksspørsmål”.  Heller ikke finner norsk Høyesterett eller Justisdepartementet det interessant at morens signatur til Folkeregisteret var forfalsket, igjen et trekk som gjerne assosieres med U-land, og ikke siviliserte rettsstater.

Kjell Schevig

Les også Christines egen beskrivelse: “ABDUCTED TO NORWAY”

Les også Aftenpostens artikkel: Fortvilte foreldre ber om hjelp

Published by: ABP World Group International Child Recovery Services

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