Complaint to President of the European Parliament about office of international child abductions


February 11, 2016

Source: familiefamilienrecht.wordpress.com

Subject: Parents complaint about the mediator’s office for cases of international child abductions

Dear President Martin Schulz,

Dear President Pittella,

Dear President Weber,

Dear Vice-Presidents,

I am a European citizen and a parent, among the many others signatories of this letter, whom requested assistance to the Office of the Mediator for cases of international child abductions.

The_Hague_Convention_Help

I appeal to your political consciousness and I rely on your authority in order to take adequate action toward the scandalous conduct of the current Mediator for cases of International Child Abduction, Mairead McGuinness, who is abusing the delicate Role she has been delegated to, for the sole purpose of her personal political propaganda but who has proven not to have any interest in our children and not and not up to perform conscientiously and with competences her role.

Mairead-McGuinness

In particular, as EU citizens and parents whom dealt directly with the Office, We would like to point out that the only person who showed competence and dedication to the cause and who served with the utmost professionalism and humanity all our cases, is Simona Mangiante, who assisted us egregiously. She proved to be very competent in the field, being beyond an official of the European Palriament a qualified international lawyer and lastly legal Advisor of ‘Ombudsman’s office.

Ms Simona Mangiante, who was dedicated to our cases for a long time (she is aware of all of the intricate details of international legal cases that affect us), has recently informed us that she can no longer take care of our cases because MsGuinness removed her from the function !!!

Let me say that it is outrageous !!! The only person working with competence and dedication is removed from the function? How is it explained?

As parents we are lost now, as we keep receiving “formal” and empty” answers from the same Office and we lost our reference, Simona Mangiante, because of an arbitrarious decision of Ms McGuinness?

Are you aware of the impact of depriving us of the assistance of the person who is following us with great competence and dedication since years? Which is the contribute of Ms McGuinness, other then using this role as an “honor” to exhibit?

Ms McGuinness evidently has no substantial interest in the office, otherwise she would be aware of the essentiality of Ms Mangiante for all of us and that without Ms Mangiante the service apparently does not exist at all!!

At the light of the above, we would like to stress the following:

Why the European Parliament advertise on the internet a service as sensitive as the one offered by the Office of the Mediator for cases of international child abductions, without then being capable of ensuring the continuity in this service? This is criminal Why the European Parliament leaves to the discretionally of the political representative the power to remove essential qualified people of the administration, as Simona Mangiante, to replace them with unqualified people, such as the woman who is now replacing Ms Mangiante? Why you would remove a qualified professional already working on our cases since years? Therefore We urgently ask: – to reintegrate Simona Mangiante in this service to remove Ms McGuinness from the role of Mediator. We are sure there are many better politicians, among you to represent the Office of the Mediator.

 

Best regards,

Marco Di Marco

Richard M.Holmes

Roberto Nocciolini

Andrea Tonello

Alessandro Avenati

Luigi Renato Zardo

Salvatore Basile

Volpe Liberato

Andrea Cavalcanti

Leonardo Rassu

Hartmut Buchholz

Thomas Karzelek

Anatol Jung

Uwe Mertens

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Cries of despair over abducted children


January 19, 2016

Source: in-Cyprus.com

Members of the Human Rights House Committee have heard the distraught stories of Cypriot mothers, as well as fathers, whose children have been abducted by their estranged foreign ex-spouses.

summer-blues

The parliamentary committee heard that the Foreign Ministry, in collaboration with other relevant ministries and departments, is currently focusing on 17 cases of international child abductions by a parent from non-EU countries.

International child abductions occur when a parent, relative or acquaintance of a child leaves the country with the child or children in violation of a custody decree or visitation order.  Another related situation is retention, where children are taken on an alleged vacation to a foreign country and are not returned.

Diko MP and Human Rights Committee chairman Sofoklis Fyttis told state radio on Monday that things get more complicated when the country the child is taken to is one in which the culture, religion, mentality and judicial system is quite different.

One of the mothers who appeared before the Committee is still looking for her two children, ages four and seven that were kidnapped by their Syrian father three years ago.

A second mother, whose child, now ten, was abducted four years ago, told the Committee that the child is still in Syria. The child can only speak to her secretly and is losing the ability to speak Greek. Her ex-husband has threatened to kill her if she dares to go and claim the child.

Family abductions

At the same time, a despairing father told the Committee that all he knows is that his baby was taken to China by his mother, but has no way of tracking it down.

All parents expressed bitter complaints about the inadequate support of the state and lack of co-ordination between the various departments.

Parental child abduction is a pan-European problem, with 30% of the 300,000 abduction cases reported every year involving one of the parents. Many European countries are facing problems with cases of children taken to Lebanon and Syria, as well as other Muslim countries which have not signed the Hague Convention.

The Hague Convention on the Civil Aspects of International Child Abduction is an international human rights treaty and legal mechanism to recover children abducted to another country. The Convention does not provide relief in many cases, resulting in some parents hiring private parties to recover their children.

International child abduction is not new. However, the incidence of international child abduction continues to increase due to the ease of international travel, an increase in bi-cultural marriages and a high divorce rate. Parental abduction has been defined as child abuse.

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Rep. Chris Smith implores John Kerry to help Bindu Philips recover her abducted children from India


March 3 , 2015

Source: americanbazaaronline

WASHINGTON, DC: Bindu Philips, a resident of Plainsboro, New Jersey, has spent the past seven years battling overwhelming odds in an effort to be reunited with her children, who were effectively kidnapped by then-husband Sunil Jacob and “brainwashed” into ceasing all contact with her mother while on a trip to India.

Bindu Philips

The last contact Philips had with her twin sons in any way, shape, or form was three years ago.

“I’m longing to see my children,” Philips, 44, said in an interview to The Times of Trenton. “I really hope I will be reunited with them soon.”

Read the earlier story done by The American Bazaar:

Mother in New Jersey, father, twin boys in India: US, India could be headed for another diplomatic tussle

Congressman Chris Smith took the fight directly to Secretary of State John Kerry, who has been sharply questioned regarding childhood abduction cases in India by lawmakers on Capitol Hill this week.

“Did you raise child abduction with an emphasis on specific cases, like Bindu Philips, when you met with Modi in early January? What was Mr. Modi’s response,” Republican Congressman Chris Smith of New Jersey pointedly inquired.

“Bindu won full custody of the children in our American courts,” Smith stated, noting that Indian authorities have simply chosen to ignore that fact. “She testified before my subcommittee two years ago, and this past Monday I met with her again and she pleaded that you, Mr. Secretary, help her get her kids back.”

John Kerry US

Kerry failed to comment directly on the Philips case when responding: “We have a caseload of about a thousand international parental abduction cases, and we are trying to expand the Hague abduction convention to efforts throughout the world.”

“We have approximately 75 professionals who are full-time, assisting parents with respect to this horrendous plight that they face,” he added.

International child abductions re-emerged in the public consciousness a few months ago when President Barack Obama signed the Sean and David Goldman International Child Abduction Prevention and Return Act. The legislation authorizes the State Department to take a series of acute measures against India or any other country that does not facilitate the expeditious return of an American child held there.

A few years ago Rep. Smith described India as “a source of immense frustration and grief for American parents.” He also stated individuals who tried to utilize India’s judicial system for the return of abducted children reported “corruption and incessant delays.”

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U.S. Secretary of State John Kerry quizzed on child abductions to India


March 1, 2015

Source: Thehindu.com

U.S. Secretary of State John Kerry faced sharp questions on Capitol Hill this week on international child abductions to India, with lawmakers asking him whether he had brought up the subject with Prime Minister Narendra Modi during his recent visit to New Delhi.

U.S. Secretary of State Kerry speaks about the Ukraine crisis after his meetings with other foreign ministers in Paris

“Did you raise child abduction with an emphasis on specific cases, like Bindu Philips, when you met with [Mr.] Modi in early January? What was Mr. Modi’s response,” Republican Congressman Chris Smith of New Jersey asked, referring to a long-running abduction case here involving an Indian-American family.

An account of the hearing on Capitol Hill on Wednesday noted that Mr. Kerry replied that as a matter of course, he regularly raised cases of “missing Americans,” although he reportedly did not directly comment on the Philips case.

However, Mr. Kerry said: “We have a caseload of about a thousand international parental abduction cases, and we are trying to expand the Hague abduction convention to efforts throughout the world.” “We have approximately 75 professionals who are full-time, assisting parents with respect to this horrendous plight that they face,” he added.

International child abductions re-entered the spotlight a few months ago when President Barack Obama signed the Sean and David Goldman International Child Abduction Prevention and Return Act. The law authorises the State Department to take a series of calibrated measures against India or any other country that does not facilitate the prompt return of an American child held there. The focus of this debate on India was spurred on by cases such as that of Ms. Philips, who has won custody of her twin sons in U.S. courts, though the Indian justice system has not seen fit to send them back to the U.S. from the custody of her father, Sunil Jacob, who allegedly took them to India in 2008 during a bitter divorce.

In July last, another major case involving India was in the spotlight, when U.S. authorities arrested Padmashini Devi Drees as soon as she landed in the country after allegedly fleeing the U.S. in 2006 with her son, Drew Drees, after divorcing his father Dean Drees.

A few years ago, Congressman Smith had described India as “a source of immense frustration and grief for American parents” and said “Although Indian courts make Hague-like decisions to return some children, returns are at best uneven,” and parents attempting to utilise India’s courts for the return of abducted children reported corruption and incessant delays.

The State Department’s website highlights the fact that India is not party to the 1983 Hague Convention on the Civil Aspects of International Child Abduction and also not a U.S. Treaty Partner under the convention.

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Abducted Children – We can bring them back


Time is a very important factor if a child is missing. Immediate access to current information about the missing child is critical. Although nobody hopes to be in such a situation where this information is needed, parents have to keep in mind that child abduction can occur anytime, anywhere, to any child. Therefore, parents must have the resources and knowledge about their children ready, so they can take action if their children become missing.

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 time.
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

Published by: ABP World Group International Child Recovery Services

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ITALY – Italian Child Abduction Alert System (ICAAS)


Source: formez.eu

The project aims at realizing a “quick alert” system in the case of child abduction.
 
Actions:

  • Definition of the protocol to ensure that once the case of child abduction has been communicated to the police, the alert mechanism is promptly launched through a study of the procedures already in force in other EU countries, the analysis of the resources available to all Bodies involved and the evaluation of their competences.
  • Definition of a central authority at national level with the clear responsibility for directing and coordinating available techniques and human resources.
  • Management of a joint web portal including two main areas: a public area for memorizing the alarm information and an area limited to the bodies responsible for starting up the procedure on transmission via radio (TV / Radio / mobile telephone companies and others).
  • Coordination between all security forces and the competent authorities, the national network of the Public Administration, civil society and NGOs.
  • Judicial and security system which deals with child disappearance.
  • Definition of the Protocol and Bodies involved in the alert procedures.
  • Memoranda with media and Bodies involved in the communication phase.
  • Realization of the portal.
On 8 March 2011 in Rome the ceremony to undersign the Agreement as regards the establishment of an Italian “Child Abduction Alert” system will take place, which shall allow for the utmost diffusion, among the population, of the information useful for localizing abducted children in the very short term.
The event will open with the welcome address by the Vice Director General for Public Security – Central Head of the Criminal Police, Prefect Francesco Cirillo, and will continue with the presentation of the project by the Head of the Service for Police Force International Cooperation, Gen. B. Guardia di Finanza, Francesco Lisi. The event will be closed with a press conference to be held after the undersigning of the Agreement.
The Project funded by the European Commission, has been the result of a profitable partnership between Police Forces, institutions and private bodies, of which the Central Direction of the Italian Criminal Police has been the leading structure.

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Law Firms Sued For Aiding Parental Abduction


Source: Lawdiva`s Blog

Two New Jersey law firms are fighting lawsuits brought by Peter Innes, the father of Victoria Innes who was abducted by her mother Marie Carrascosa and spirited off to Spain in 2005.

Innes and Carrascosa were married in 1999 in Spain but lived in the US. Victoria was born in 2000 and the marriage ended in 2004. Victoria held dual Spanish/American citizenship.

Ms. Carrascosa, a Spanish national and a lawyer in Spain, ignored the parties’ parenting agreement that Victoria remain in the US and brought Victoria to her maternal grandparents in Spain. Ms. Carrascosa later returned to New Jersey. Mr. Innes then obtained a court order from a New Jersey judge who ordered her to return the abducted child to New Jersey. Mr. Innes was also granted custody of Victoria by the US court.

Ms. Carrascosa went into hiding for a time but eventually was tried for contempt of a court order and interfering with custody and sentenced to 14 years in prison.

Yes, you read that right! In British Columbia abducting parents get a mild slap on the wrist. I can only remember a small handful of cases where any incarceration was ordered, which can only speak to the degree of seriousness our courts ascribe to this heinous offence.

Meanwhile, back in Spain, the Spanish court awarded Ms. Carrascosa custody of her daughter and refused to order Victoria’s return to America. Judges from Spain and New Jersey met at the Hague Court in Holland to try to resolve this now high-profile international dispute, but to no avail.

So why have the lawyers been sued? Ms. Carrascosa’s first lawyer was ordered by the court to hold Victoria’s passport to impede her ability to travel with her mother. When Ms. Carrascosa discharged her first lawyer, she couriered the passport to the new lawyer, who apparently had no idea that the passport was not to be given to her client.

Mr. Innes determined that when his wife absconded with their daughter, they left using Victoria’s passport.

The lawyers are, of course, blaming each other for the debacle and a trial is scheduled for 2010.

I can understand why Peter Innes is taking these actions against his wife’s lawyers. If Ms. Carrascosa travelled with her daughter’s passport in hand, someone has to be held accountable. In my experience, the only way Mr. Innes will see his child again is if Ms. Carrascosa finds jail unpleasant enough.

Lawdiva aka Georgialee Lang

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Abducted to Poland


THEIR marriage had become marred by arguments, but when his wife wanted to travel overseas after her grandmother died, Dimitrios Laskos did not object.

Neither did he oppose her taking their 11-month-old son Panagiotis to her native Poland for a few weeks. But when she did not return for his first birthday, Mr Laskos became concerned. Two years later, he is still waiting.

This week, a Polish court is to decide whether Panagiotis, an Australian citizen, should be returned to Sydney.

Since he was taken by his mother, Panagiotis has been renamed Piotr and been baptised a Catholic even though the couple had agreed on a Greek-Orthodox baptism. Mr Laskos has only seen him for a few minutes. ”For Greeks always the first son of the family is very important,” he explains.

Imagine the outrage, says Mr Laskos, if a Greek or Lebanese father abducted his child and changed his name and religion. ”Always the fathers are the victims. They give too much power to the woman in this country. Why don’t they make [it] a crime, this situation?”

Under the Hague Convention on child abduction, which Australia and Poland have signed, the removal of a child is wrong if it breaches custody orders or parenting was exercised jointly. But it is no crime in Australia to remove your child where no orders exist.

When the convention was drawn up in 1980, 70 per cent of child abductions were committed by fathers, said Waldemar Drexler, the lawyer for Mr Laskos’s wife, Malgorzata Muchowska.

Now 87 per cent of abducted children are taken by mothers, says the federal Attorney-General’s Department, which helps parents enforce the convention. A spokesman said there was no plan to make child abduction a crime.

In the first 11 months of this year 88 children were abducted from Australia, and 77 were taken from their usual residence to Australia.

Mr Drexler, who thinks the convention is outdated, says: ”The mothers are taking the children overseas to the country where they lived before. We can’t say the child suffers harm because the child is more in touch with the mother who spends much more time with the child.”

The battle over Panagiotis has been nasty with both sides accusing each other of lying to the Polish court. Mr Laskos says his wife made false accusations that he had mistreated her. He says his only criminal record is for driving matters.

Mr Drexler says Mr Laskos has lied in court about owning a property, and has been forced to admit it belonged to his aunt. ”My client says the child’s father does not have any resources to support the child,” he said. ”It’s not fair for her to take a child from a good environment … the family [in Poland] is well-to-do … then to bring him back to Australia where everything is foreign to him, language, culture, father. He won’t recognise anything.”

But a family centre in Catholic Poland concluded after a psychological assessment: ”A solution favourable for the child would be the mother’s return with him to Australia.”

Mr Laskos says he would financially support his wife and child if they returned. Then they could sort out divorce and custody arrangements ”here in Australia where we started our lives together”.

”Slowly, slowly I want him to get to know me. After six to seven years I will take him full time. He does not know English. He does not know Greek,” Mr Laskos says.

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‘A very disturbing trend’: Parents kidnap their children, flee country


Washington (CNN) — More children are being abducted by a parent who then takes them out of the country, and more needs to be done to bring the children back to their legal homes, the U.S. official who oversees the issue said Wednesday.

The number of such abductions reported is “sharply on the rise — a very disturbing trend,” said Susan Jacobs, the special advisor for children’s issues at the State Department.

Jacobs also said her department is one of the fastest growing offices at the State Department because of the increasing rate of international abductions involving children with American parents.

The National Center for Missing and Exploited children said that in 2010 there were nearly 2,000 parental abductions in which the child was taken out of the United States.

“International parental abduction is a federal crime with long-term, damaging consequences for both parents and children, even when the cases are resolved,” Jacobs said. “Parents seeking the return of their children or permission to visit them confront unfamiliar legal, cultural, and linguistic barriers; they suffer emotional trauma, and they face significant and long-term financial costs.”

The United States is encouraging other countries to sign onto The Hague Convention on international child abductions, a treaty signed by more than 60 countries that provides a civil mechanism to return children wrongfully removed from the country where they live.

Jacobs said decisions under the convention are commonly based on where the child usually resides. When properly implemented, “the convention works,” she said.

The issue grabbed headlines a few years ago with the case of Sean Goldman, whose American father, David, was engaged in an international custody battle after the boy’s Brazilian mother refused to let the child return to his father following a vacation in Brazil. The boy was eventually returned to his father after a ruling by the Brazilian supreme court.

Jacobs, incidentally, met with Brazilian authorities last week to discuss ways to speed up the reunification of children with their families. From their discussions, Jacobs said, Brazil and the United States are to hold the first meeting of a children’s working group later this year.

Jacobs and others traveled to the Department of Justice Wednesday afternoon for an observance of National Missing Children’s Day to honor the work of those in law enforcement who recover missing children and combat child exploitation.

Secretary of State Hillary Clinton has weighed in on the issue as well. In videotaped remarks to mark the day, Clinton asked for to people to continue to speak out on the issue to “help children around the world come home.”

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The Hague Convention (On The Civil Aspects of International Child Abduction)


Source: www.sfla.co.uk

Introduction

UK residents making over 40 million visits abroad in one year and over 10 million British nationals living overseas, the continuing increase in international child custody disputes is not surprising. Matters of this nature will always be agonisingly difficult for the parents as well as the children involved.

Before the Children’s Act of 1989, few courts have given importance to children having continuous contact with the parent who was forced to leave home due to marital separation. There are instances where a parent had to go to prison for obstructing contact or resorting to parental abduction. The gravity of the negative effect of circumstances such as these on the children and their relationship with the other parent cannot be underestimated.

The residence order replaces the custody order and offers flexibility in accommodating various shared case arrangements. It ensures that both parents know and feel that they have a continuing role to play in the lives of their children despite the separation. A shared residence order is more advantageous to all concerned, as it does not deprive any parent or the children the right to spend time together.

There is no intention to take away parental responsibility from any parent by granting a residence order in favour of the other. In fact, it can be made in favour of more than one person at the same time in spite of them not living together. It can just specify the periods the child will spend on each household concerned.

The Hague Convention

The Hague Convention is a treaty that was concluded with the firm conviction that the children’s interest is of paramount importance in matters affecting their custody. It aims to protect the children internationally from the harmful effects of wrongful removal and retention in any contracting state, ensure their prompt return to the state of habitual residence and to secure protection for rights of access. The Hague Convention seeks to lessen international abductions by judicial remedies.

The Convention is applicable to any child who is a habitual resident in a contracting state immediately before custody or access rights have been breached. It however, ceases to apply when the child reaches the age of 16 years.

Central Authorities

All contracting states shall designate their own Central Authority, which shall cooperate with each other in achieving the objectives of the Convention. They are to take all appropriate actions towards the main aim of ensuring the safe and speedy return of children wrongfully removed or retained. The Central Authority for England and Wales is the Child Abduction Unit.

The United Kingdom is part of two international conventions concerning the return of a child who has been abducted. One is the above mentioned Hague Convention on the Civil Aspects of International Child Abduction and the European Convention on the Recognition and Enforcement of Decisions Concerning Custody of Children and on Restoration of Custody of Children.

Either one or both conventions are in force between the United Kingdom and the countries of: Argentina, Australia, Austria, Bahamas, Belgium, Belize, Bosnia Herzegovina, Burkina Faso Israel; Canada, Chile, Croatia, Cyprus, Denmark, Ecuador, Finland, France, Germany, Greece, Honduras, Hungary, Italy, Luxembourg, Macedonia, Mauritius, Mexico, Monaco, Netherlands, New Zealand, Norway, Panama, Poland Portugal, Republic of Ireland, Romania, St. Kitts and Nevis, Slovenia, Spain, Sweden, Switzerland, United States of America and Zimbabwe.

Child Abduction

It is a criminal offense in England and Wales under the Child Abduction Act of 1984 for a parent or guardian of a child, or any person who has a custody/residence order relating to the child to take or send the child out of the United Kingdom without the consent of any other person or persons having rights to the child. There are several possible scenarios in child abduction.

When your child has been taken to a convention country, you should contact the Child Abduction Unit. The questionnaire that shall be sent to you should be accomplished and sent back with photographs of the missing child and the person who has taken the child. Any relevant information explaining the circumstances would be of great help in locating the child. However, the case must fall within the requirements of the convention.

If your child has been taken to a non-convention country, the Foreign and Commonwealth Offices will be able to advise you on what to do. Establish as soon as possible what your parental rights are and the childcare and control practices prevailing in the country concerned. The Consular Division of the Foreign and Commonwealth Offices can provide a list of local lawyers but can neither give legal advice nor act as legal representative.

If you do not know where your child has been taken, it is best to alert the local police station so a Port Alert can be initiated to circulate your child’s name to all UK points of departure. After which, you should also contact the Lord Chancellor’s Department Child Abduction Unit. If your child has been abducted but is still within the United Kingdom, you should know that court orders made in one part of UK is recognised and enforced in all parts.

Being Ready

If you feel that the threat of removal is real and imminent, you must keep the following information ready:

    • the child’s full name, place and date of birth, passport number, date and place of issue and physical description
    • the full name, aliases, place and date of birth, passport details, occupation, departure details and ties to foreign countries of the person who has taken the child
  • the copies of all pertinent documents such as agreements and court orders, child’s birth certificate, photographs of the child and the person who has taken the child.

Always in circumstances like these, one or both parents involved in the dispute actually believe they have more right than the other over the child. But almost always, it is the children who suffer, while the two persons who supposedly care so much for them eventually end up hurting them instead.

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