Bortførte eget barn – pågrepet på Gardermoen


Desember 18 , 2014

Kilde: Romerikets blad

Kvinnen ble pågrepet på Oslo lufthavn på tirsdag. Norske myndigheter hadde da mottatt etterlysning og arrestordre fra nederlandsk politi. Kvinnen er siktet for å ha bortført sitt to år gamle barn, sier politiadvokat Haris Hrenovica i Romerike politidistrikt.

Holland Child Abduction Kidnapping Amsterdam Uterecht

Barnet ivaretas nå av barnevernet i Norge.

– Vi avventer nå en utleveringsbegjæring fra nederlandske myndigheter, så vil barnet bli utlevert. Straffesaken etterforskes av nederlandsk politi, så det eneste domstolen i Norge tok stilling til, er om kvinnen skal varetektsfengsles i påvente av utleveringsbegjæringen, sier Hrenovica.

Onsdag ble kvinnen framstilt for varetektsfengsling i Nedre Romerike tingrett. Påtalemyndigheten ba om fire ukers varetekt og fikk rettens medhold.

– Når en person er etterlyst i Schengen-systemet, så prøver ikke norsk domstol det. De la til grunn at det var et grunnlag for fengsling, sier kvinnens forsvarer Jørund Lægland.

Kvinnen skal ha vært i en konflikt med barnevernet i sitt eget hjemland.

– Hun var urolig for hva som skulle skje, og reiste til Norge egentlig uten mål og mening med det. Det hele framstår som planløst, sier Lægland.

Han er ikke kjent med om kvinnen er inoen konflikt med barnefaren.

– Det er vanskelig å si hva som egentlig ligger under, men det er heller ikke slik at det ligger noen stor dramatikk i dette. Kvinnen har gitt uttrykk for at hun helst vil reise tilbake til Nederland allerede i dag, sier advokaten.

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Nordmann (35) arrestert for barnekidnapping i Holland


April 17, 2013

Source: VG

(VG Nett) En 35 år gammel nordmann ble fredag arrestert da han prøvde å ta med sine to barn ut av Nederland

 Mandag ble 35-åringen varetektsfengslet i seks dager, mens myndighetene vurderer en utlevering til Norge.

Child-Abducted_Holland

– Nordmannen ble arrestert på Schiphol-flyplassen fredag kveld, da han prøvde å ta med de to barna sine ut av landet. Det hadde han ikke lov til, sier Alfred Ellwanger, talsmann for det nederlandske grensepolitiet, til VG.Hvor nordmannen kom fra – og hvor han hadde planlagt å ta med de to barna – vil ikke Ellwanger si.

– Det er opplysninger vi ikke kan gå ut med nå, av hensyn til etterforskningen, sier talsmannen.

Ifølge politiet skal de to barna være en jente på snart to år og en gutt på fem.

– De er plassert i fosterhjem, sier Ellwanger.

UD opplyser til VG at de ikke kan kommentere saken onsdag kveld.

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Dutch TV to air international parental child abduction show


December 7, 2012

Source: International-Family-Law.EU

Dutch television is to air a show about international parental child abduction. Starting on December 16, commercial television network RTL4 is to air “Ontvoerd”, a series in which crime journalist John van den Heuvel tries to locate and reunite children with their legal custodial parents.

JOHN-VAN-DEN-HEUVEL-445x250

Van den Heuvel is known in the Netherlands as a reporter about high-profile crime cases, working for, among others, De Telegraaf and commercial television. It is the first time in the Netherlands a Dutch network is broadcasting a show entirely about international parental child abduction.

In a press release, RTL4 states that Van den Heuvel has made the “best interest of the child” has his top priority in the show. Therefore, in some cases, the actual reunion between parent and child will not be broadcast.

The first broadcast focuses on an 8-year old boy taken from his mother, the boy’s legal guardian, in the Netherlands. Van den Heuvel tracks him down in Bosnia, where he was taken to by his Bosnian father. The boy apparently lives in deplorable conditions. Van den Heuvel does not succeed in reuniting the boy with his mother.

However, following Dutch media reports about the boy, pressure has increased on Dutch politicians, including the minister of foreign affairs, to look into the matter.

Even before the first show in the series has been aired on Dutch tv, television network RTL4 has commissioned a second series on the same subject from Van den Heuvel, to be broadcast in the 2012-2013 season.

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Parental Abduction: Thailand Child Abduction Law


July 14, 2012

Source: Thailand Family Law Center

Child abduction or “child kidnapping” cases typically occur during a child custody dispute, when one parent flees a legal jurisdiction with a child to avoid the jurisdiction of a particular court. International law and Thailand family law may come into play when a child is abducted from a foreign country and taken to Thailand or when a child is taken from Thailand to a foreign country, or when a child is abducted by a parent within Thailand.

Q: What should I do if my child is abducted and taken to Thailand?

A: The first thing a parent must do if a child has been abducted is to contact a qualified Thailand family law attorney and make a police report. A qualified attorney will assist with filing the necessary complaints with legal authorities. Based on the circumstances of each case, a family attorney may file a police report with the relevant embassy in Thailand, or file a formal request pursuant to the Hague Treaty. A Thai Family Law Attorney can file a court complaint with the Thailand family court. If criminal charges are involved, a criminal complaint may also be required.

Q: Can the Hague Convention on Child Abduction be used in Thailand?

A: The Hague Convention on the Civil Aspects of International Child Abduction provides a procedure for parents who have had their children abducted by the other parent. The Hague Treaty on Child Abduction is executed through the governments of treaty member countries, but normally requires an attorney to file the appropriate documents with the government authority responsible for the retrieval of the child.

Thailand has formally acceded to the convention; however, at this time the proper procedures for acting upon the convention have not been codified into Thai law. This means that the convention, falls into an ambiguous area of Thailand law. In certain cases of child abduction originating in Thailand, wherein the child has been taken to a different that is a Hague connection signatory, a Hague Convention action may be filed through the relevant government authorities of the country. However, in cases where a child has been abducted and taken to Thailand, the aggrieved parents’ remedy may be through obtaining a court order from the Thai family court. Cases need to be examined individually.

Q: What is the procedure for retrieving a child who has been taken to Thailand?

A: In order to retrieve a child that has been abducted by a parent in Thailand, the parent who is seeking the return of the child must established custody rights of the child in Thailand Family Courts. A court order of sole custody can then be used by the aggrieved parent to obtain the return of the child. Such action can be enforced by Thailand court and police officials. Depending on the circumstances, a police complaint may also be necessary.

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Expert: Parental abduction never in child’s best interest


An Ontario expert familiar with parental abduction cases speaks about how children are emotionally damaged by these incidents and relates two stories of children who were found in Toronto.

Terry Smith, Program Administration for Child Find Ontario, discussed the last side effects on children who have been abducted by a parent during a phone interview. She stressed first and foremost that parental abduction is a crime. “In almost all cases a child is not abducted for the good of the child.
Those cases are extremely rare. We have systems in place for when a child is in danger from another parent. Taking the law into your own hands is never the right way to go.” Smith said that for the most part parents who may not get along still do a wonderful job of co-parenting because they put the best interest of their children above all else.
Sometimes there are issues that need to be addressed which are by use of the systems that are in place. There may be reasons that the courts limit visitations for instance that a parent wants to change. By using the court system parents can work to give their children their best. “Parents may not always like the answers but the systems are managed by people who are without an emotional stake allowing them to work for what is in the best interest of the child.
The system works. In the rare cases that it doesn’t work parents need to challenge the system. Instead of abducting a child a good parent will come up with an idea to make the system work better. By and large co-parenting even without liking the former spouse is being done wonderfully every day.” It’s when a parent oversteps those systems, taking off with their child that everything falls apart.
Abducting ones own child is a crime. Still the public, media and even some law authorities view parental abduction as a ‘soft crime’ placing the bigger fears with stranger abductions. It is not often stressed the seriousness of parental abduction. The scars left on the child in these cases are not visible so they tend to be overlooked. “When found kids can do wonderfully when they are helped.
The children need to have support though in order to thrive and realize that they are not at fault.” While most parental abductions do not end violently some do.
Changing the public’s perspective of parental abduction is needed in order for more of these children to be found more quickly. The longer a child is on the run the more emotional damage there is and the longer it takes for the child to become a ‘real kid’ again when they are found. “When one person jumps out of line is when it goes wrong. When they feel that they are above the law their kids will suffer.
Parental abduction has serious side effects on the children. Trust, identity, living a lie, everything they knew of their life is gone, having to choose one parent over another-these add up on the overall toll to the child.” When a parent makes the decision to abduct their child they tend to not be considering their child’s best interest but rather their own. Being pulled away from the world a child knows has lasting effects. Kids who have been found and reunited with their other parent have said that they felt alone and isolated, betrayed by their parents and most damaging of all felt that they were in some way responsible for their parents actions.
The Victims of Violence website states that the child victim is often depressed, has a loss of community and stability, anger, loneliness, helplessness and a fear of abandonment. Some of the children have experienced Reactive Attachment Disorder, Separation Anxiety Disorder, Overanxious Disorder, Attention-Deficit/Hyperactivity Disorder, Conduct Disorder, Disruptive Behaviour Disorder, Oppositional Defiant Disorder, eating disorders, learning disorders, regression and elimination disorders, and Post Traumatic Stress Syndrome as a result of their time on the run. Smith said that these children have to deal with a huge internal tug of war. While there are few cases in Canada where children taken in parental abductions have been murdered there are a few.
One case that Smith related dealt with a man who was angry at his ex and took their daughter in Toronto. He had threatened to kill both himself and the child. The man threw the girl off an overpass and then jumped. The child survived, the father did not. Regardless when a parent is abducting their child they are “not running on all cylinders” Smith said. Smith said that when children are found they can thrive. She related two stories about children who were found that live in the Greater Toronto Area. “One little boy that has been taken when he was four spent four years on the run. He had never been to school or a doctor.
Parental-Kidnapping
Today he is thriving. His father made sure that he had the help and support he needed to go on.” Smith continued, “Another girl had been found after thirteen years. When a child has been missing for such a long period of time they are really strangers to their parents and visa versa. While there were many adjustments that had to be made she is doing okay today.” There is one time that it is wise to take your child and ‘run.’ If you are in an abusive relationship going to a shelter is the safe thing to do. This is legal and in the best interest of both you and your child. This is not parental abduction.
This is a safety issue. Go through the proper legal systems. If you are in danger then get help. Go to a shelter or contact the police. If you don’t think the police will be of help then tell someone like your doctor, your child’s teacher or a school employee about your situation. Above all learn your legal rights.”

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INTERNATIONAL MARRIAGE: Changing Japan as a safe haven for parental abductions


June 10, 2012

Source: Asahi.com

In February, 61-year-old Masahiro Yoshida was arrested for “abducting” his 7-year-old daughter from her elementary school in Ehime Prefecture the month before.

It marked the second time that Yoshida, a former professional jazz drummer, was driven to desperation and snatched his daughter, since his ex-wife has parental custody over his daughter, and he is not allowed to have any contact with her.

In Japan, courts do not recognize shared custody, and mothers retain custody in about 90 percent of court-mediated divorces involving minors.

In response to mounting criticism that Japan is a safe haven for parental abductions, the government finally submitted a bill to ratify the 1980 Hague Convention on the Civil Aspects of International Child Abduction, which provides for the return of unlawfully abducted children.

The legislation is unlikely to pass in the current Diet session, as deliberations of controversial bills to hike the consumption tax are taking center stage. But if enacted, the convention, which has 87 signatory countries, will mandate that Japan return children whom its nationals took from other countries in a divorce, unless it harms the child’s welfare.

The public’s perception in Japan is that such post-divorce disputes are taking place only between Japanese mothers and fathers from Western countries. But many Japanese parents now claim that the justice system here is equally tormenting those who lost custody over their children following a divorce.

The case involving Yoshida has much in common with the well-publicized arrest of an American man in 2009 after attempting to abduct his son and daughter and flee to the U.S. Consulate in Fukuoka.

According to Yoshida’s mother, Michiko, an 87-year-old former liquor store operator in Yokohama, it was her daughter-in-law who “abducted” her grandchild five years ago in an attempt to gain parental custody.

Michiko’s son is currently on trial at the Matsuyama District Court.

As Masahiro is likely to be given a prison sentence this time, Michiko said there must be fundamental flaws in the country’s justice system, which made her son a “criminal for just wanting to see his daughter.”

IS “GAIATSU” LAST RESORT?

In a nearly identical case, former family court judge Masanori Watanabe, 53, was arrested for abducting his daughter, then an elementary school third-grader, from a train station in Fukuoka in October 2005.

Watanabe, then a Yokohama-based lawyer, was subsequently given a suspended three-year prison sentence, dismissed from the bar association and cannot practice law.

“I certainly knew the consequences, but I thought it was my last opportunity to persuade her to come back to me when she becomes old enough to make her own judgments,” Watanabe said.

While waging court battles to gain custody of or visitation rights to their children, Yoshida and Watanabe campaigned for the Hague Convention, which they thought would help their causes.

“The convention means Japan’s last chance to review its cruel tradition to completely dismiss one parent’s right over children after divorce,” Watanabe said. “It is also my last resort to clear my name as a kidnapper.”

While the convention does not directly affect Japan-based families, Japanese and foreign parents here who lost custody pin hopes on their hopeful “gaiatsu,” or foreign pressure, scenario.

Lawyer Mikiko Otani, a member of the Legislative Council of the Ministry of Justice on the Hague Convention, said ratification will bring positive changes to the family courts here, which will examine and rule whether to return a child in accordance with the convention.

The family courts will need to examine and rule on what types of child-taking are unlawful and what serves as the best interest of children in ways that are convincing to foreign authorities.

If the expatriation of children becomes a common practice, courts need to break free from traditional reluctance in using force in family conflict cases. It will discourage parents from simply taking away their children, even by force, as is widely occurring today, she added.

“Ultimately, Japan will need to approve a form of shared custody, which is the norm in most of the countries that are signatory to the convention,” Otani said.

But gaiatsu inevitably draws a backlash. To the relief of Japanese parents who flee with their children from overseas, the proposed domestic legislation to set court procedures for a child’s repatriation sets strict criteria for judges to do so.

The vaguest and most potentially controversial clause among the six requirements is that courts need to ensure there will be no possibility that the concerned child suffers “physical or psychological” abuse once returned.

“Can courts expatriate its nationals, minors, over public opinion? I don’t think that can happen,” said a Japanese mother who fought a lengthy, exhausting court battle in Australia with her ex-husband over custody of their two children.

BACKLASH FOR CHANGE

Interestingly, parties opposing the convention, and moves that can lead to the idea of shared custody, include both those from conservative and liberal camps.

Conservatives say that the single custody system is vital to maintaining the integrity of “koseki,” or Japan’s family registry system.

Kensuke Onuki, a lawyer who has represented Japanese mothers who have brought their children to Japan, agrees that one of the divorced parents must back away, in order to make a child’s new environment more stable.

“I don’t think many Japanese can stand the Western way of communication between children and their divorced parents, in which both parents participate in their children’s growing-up process,” Onuki said.

A head of a parents’ group seeking visitation rights said that even many of its group members, mostly fathers, will find it too burdening to fulfill shared custody, given the limited roles they played in child-rearing before their divorce.

Recalling his days on a family court bench in the mid-1990s, ex-judge Watanabe expressed regret that he and his colleagues had no doubts that it serves the interests of children to grant custody to their mothers.

He added that judges believe that courts must respect women’s parental rights, because it was historically denied to them and they had to gain them through postwar feminism.

“I also remember my boss telling me that the court should give men a ‘free hand’ to start a new life by eliminating responsibility to raise their children, and I really did not find much wrong with it,” Watanabe said.

“Now I know how painful, how cruel it is for a parent, regardless of the mother or father, to have their access denied.”

Watanabe added that he knows that the signing of the Hague Convention may be just the beginning of change for Japanese society.

“But I won’t give up, because this is the only way left for me to show my love for my daughter,” he said.

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Child abduction by a parent – it happens more often than one might think


Source: GMW Advocaten

Marjet van Yperen-Groenleer

Child abduction by a parent: it happens more often than one might think

From a legal point of view, child abduction happens when the child is removed from his or her habitual place of residence by one of the parents – or any adult, for that matter, acting on behalf of the other parent – without the consent and agreement of the (other) custodian or parent. 

Although it might not be immediately obvious, not returning the child on time, as agreed, after a holiday abroad or a family visit in the country of origin also counts as child abduction. The same holds good for expat families living in The Netherlands for short periods of time or for families that actually live apart most of the time. However, in these cases  establishing the habitual place of residence of a child is more difficult than it may seem at first sight.

Recent case law indicates an increase in the number of child abduction cases. Although each case has its unique circumstances, the increased dynamics of the global work force may be one reason for this development.

The Hague Convention on Child Abduction is a legal tool that is meant to help a/the custodial parent to regain access to the abducted child, facilitating the return of the minor to his or her habitual place of residence. By appointing a Central Authority in each country, the signatory parties have all agreed to co-operate towards the immediate return of the abducted child to his or her habitual place of residence.

At present, the custodial parent may ask for the assistance of the Central Authority in his or her country of residence, within one year from the date when the child has not been returned. Upon this request, the Central Authority in the country of the child’s habitual residence will contact the Central Authority in the country where the child has been removed to, in order to quickly return the child to its habitual place of residence. It is advisable, however, that the parent also notifies the police, filing an official complaint for abduction.

Sadly, abductions also happen into countries that are not signatory parties to the Convention. As awareness on such cases grows internationally, case law catches up with reality: even when a child has been held against the will of the custodian parent in a country that is not a signatory to the Convention, quite often the Central Authority manages to negotiate the return of the child via diplomatic channels. Needless to say, but good to reiterate: countries that are not signatories to the Convention are under no obligation to co-operate.

The Eerste Kamer ( Dutch Senate) has received a draft law asking to end the monopoly position of the Central Authority in cases of international child abduction. The custodial parent whose child has been abducted might soon be able to take action by ways of hiring a lawyer specialised in such cases, should the draft law be passed. This would hopefully speed up proceedings, also widening the spectrum of available legal tools.

The mere thought of having to deal with child abduction is harrowing and prevention is always better than having to resort to cure. It might be possible to prevent abduction by hiding the children’s passports, keeping the channels of communication with the inlaws open or informing the police. It is essential that the parents’ problems remain negotiable; cross-border mediation has prooved to be succesful. GMW Advocaten has extensive expertise in dealing with cases of international child abduction and is happy to assist the wronged parent.
Don’t hesitate to contact me if your child has been abducted, if you are contemplating the abduction of your child or if you are aware of a situation where child abduction might occur.

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Jakobs far er glad og lettet over, at sønnen nu er fundet i god behold.


Source: Extra Bladet

Uvisheden har været hård. Men den bortførte Jakobs far er glad og lettet over, at sønnen nu er fundet i god behold. Det siger en genbo, der udtaler sig på faderens vegne

– Anders er utrolig lettet og meget glad. Det har været fire måneder med venten og usikkerhed.

Det siger René Pedersen, Bryrup, der udtaler sig på vegne af Anders Jensen, far til den syv-årige Jakob Hashi Jensen, som nu er fundet i god behold i en flygtningelejr i Holland.

René Pedersen har haft tæt kontakt med Anders Jensen under bortførelsessagen, og startede indsamlingen til en dusør, der skulle bringe Jakob hjem.

Genkendte sønnen på foto
Først i dag ved middagstid fik Anders Jensen endelig vished for, at det varsønnen, som sent fredag blev fundet i en flygtningelejr sammen med sin mor Kawsar Kamilla Hashi, 32, og sin fire-årige halvbror.

– Politiet kom ud og viste ham billeder, der var taget i Holland, og det var 100 procent sikkert, at det var dem, siger René Pedersen.

Læs også: Skjulte bortført dreng under falsk identitet

Lørdag fik Anders Jensen besked på, at moderen formentlig var anholdt i Holland, men hun opgav falsk identitet, så politiet kunne ikke være helt sikre.

Anders Jensen er nu ‘gået i flyverskjul’ og vil først selv tale med pressen om et par dage. – Det er på foranledning af politiet, der har rådet ham til først at udtale sig, når han ved, hvordan Jakob har det, siger genboen René Pedersen.

Skal måske selv hente sønnen
– Anders vil gerne rejse til Holland for at hente Jakob. Jeg tror, han er parat til at ‘hoppe’ derned, men der skal først ordnes nogle formalia, og han ved ikke, om han selv kan hente Jakob, siger René Pedersen.

– Det har været uvisheden, der ikke har været til at holde ud, siger René Pedersen, hvis syv-årige datter går i første klasse med Jakob – selvom han aldrig nåede at starte i skolen efter sommerferien, fordi moderen bortførte ham den 4. juni.

Nu håber alle, at Jakob kan starte i klassen efter efterårsferien.

Læs også: Jakob fundet i flygtningelejr

– Skolen har håndteret det godt. Sagen er tonet lidt ned, så børnene har forstået, at Jakob ikke var i fare, fordi han var sammen med sin mor og bror, siger René Pedersen.

Ind til for få timer siden havde Anders Jensen endnu ikke været i kontakt med sin genfundne søn: – Jeg håber da, at han får mulighed for at snakke med ham i telefonen snart, siger René Pedersen.

Han nåede at samle 7500 kr. ind til dusøren, men nu bliver pengene ikke udbetalt. I stedet går de til foreningen ‘Bortført’, oplyser René Pedersen.

Da Kawsar Kamilla Hashi bortførte Jakob var hun iført slør og traditionel somalisk klædedragt. Via Aarhus og København rejste hun til Amsterdam med toget og meldte sig i en flygtningelejr på grænsen til Belgien, hvor hun søgte asyl med sine to sønner.

Hun opgav falske identiteter, og hævdede at hun kom direkte fra Somalia som flygtning.

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Police seek Holland-area mother, Wendi Carpenter, on parental kidnapping charge


By Staff reports
Holland police are looking for a local woman they say left the state with her two children after she failed to show up on Tuesday for a scheduled transfer of the children to their father.
Wendi Carpenter had the two young children for visitation during the summer but had to transfer the children to their father because of a court order, according to a news release from Holland police. After she didn’t show up to the Holland Department of Public Safety for the transfer, police started an investigation.Based on that investigation, police now believe Carpenter has fled the state with the two children, Luke Carpenter and Cambria Carpenter. Wendi Carpenter is wanted on a warrant for custodial interference authorized by the Ottawa County Prosecutor.She is listed as a practicing psychologist with two different nonprofit counseling groups, Healing Waters and Lakeshore Pure Freedom, both in Zeeland. Police did not release the father’s name.

The mother and children were last known to be in Holland, in the 300 block of Pine Avenue,  around 8 a.m. on Tuesday, police said. The mother and children left in her vehicle, a 2006 Toyota Highlander, police said, but that vehicle has since been located in western Missouri. They might have left that area in a dark-colored SUV.

The Holland Department of Public Safety is asking anyone with information as to the possible location of the mother or children to call the Holland Department of Public Safety Detective Bureau at (616) 355-1150 or Silent Observer at (888) 88-SILENT.

Published by: ABP World Group  Executive Protection
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International Child Abduction / Parental Kidnapping – Recovery Services


International Child Abduction is tragically a global epidemic.

Leading experts believe that due to the rapid growth in multi-national marriages and relationships, the number of children born from parents of different countries will continue to expand. Similar to all relationships, a significant portion of these marriages or partnerships will end in divorce. All too often, one of the separating parents of the child of the relationship will seek to abduct the child to a country other than where the child has lived.

This is called ‘International Parental Child Abduction’, and though there are various civil remedies available to targeted parents who have had their child abducted, the challenges they face are grave, and include first and foremost, locating where the child is located. Unfortunately for the majority of targeted parents, the financial burden for recovery and litigation falls on their shoulders. With tens of thousands of children parentally abducted each year, the reality is too many of these children never come home. ABP World Group is dedicated to assisting parents in need of assistance in locating, rescuing, and safely bringing home your abducted child.

Our intelligence and investigation abilities combined with our ability to dispatch personnel to most locations in the world offer a safe and strategic solution to protecting your most important asset: your child.

Areas of expertise:

Parental abduction

Missing children

Kidnappings

Counter Kidnapping

Anti Kidnapping

Runaway children

Reunification Counseling

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 including, but not limited to:

Electronic Forensic Foot printing Investigations

Intelligence Gathering

Information Specialists/Skip Tracing

Evidence Procurement

Interview/Evaluation

Surveillance Special Ops

Non-Combatant Evacuation Ops

Domestic Support

International Operations

Maritime/Land/Air transport

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