Judge blocks Leicester woman’s holiday in India over child abduction fear


August 9 , 2014

Source: Leicester-mercury

India_Abducted_Child

A mother has been forbidden from going on holiday by a judge after her ex-husband and father of her six-year-old son objected, saying he feared he might never see them again.

The woman, who is in her 30s, insisted she had absolutely no intention of abducting her British-born son and keeping him in India, where she was born.

However, Judge Clifford Bellamy has come down in favour of the father and banned the mother’s trip.

The father, also in his 30s, was born in Leicester and the mother has lived in the city for nine years since their arranged marriage.

 India Political Maps

However, the mother is now living alone with her son.

The Family Court heard the father was engaged in a running battle with his ex-wife over contact with their little boy.

All three have UK passports.

The mother told Judge Bellamy she was desperate to take her son to India to meet his wider family and “explore his cultural roots”.

Denying any intention not to return to Britain, she said she no longer viewed India as her home.

The judge was told her son was doing well in an English school and that, for 18 months, she had been in a new relationship with a man who had a steady job in the UK.

He was also told that divorced single mothers were disapproved of in India.

However, Judge Bellamy said India had not signed up to the Hague Convention – which enshrines the international ban on child abduction.

If the mother failed to return to Britain with his son, the father would face a formidable challenge fighting his case through the Indian courts, the court heard.

Experts had reported that it was in the boy’s best interests, culturally and emotionally, to form a strong relationship with his father.

Despite her new relationship and her British citizenship, the mother had no family ties in the UK and spoke only broken English, the court was told.

Blocking her holiday plans, the judge said there was “a risk” that she might try to keep her son in India.

 

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Parents on alert: Child abductions rarely committed by strangers


October 13, 2012

Source:KDVR

According to the Department of Justice, 800,000 children are reported missing every year in the united states.  Out of that number, 69,000 were kidnapped. “I think anytime a child is missing it’s a big number.  Whether it’s one or 69,000, but yes, 69,000 sounds like a large number,” says criminal justice professor Stacey Hervey from Metro State College in Denver.

Our children are taught to beware of stranger-danger. “If someone you don’t know approaches you, that you yell and scream that this is not my mom or dad,” says Hervey.

But the likely danger is closer to home.  Of the 69,000 children kidnapped every year, 82 percent, eight out of ten, are abducted by a family member.  “In the case of Jessica Ridgeway the media picks up on it very quickly and of course it puts the fear in every parent’s heart.  But in reality they are a very miniscule  number as far as stranger abductions.  The likelihood  is someone that you know is going to take your kid.”

When it comes to anyone having regular contact with your child, don’t be paranoid, be prudent.  “Child predators are very manipulative, and do want to work themselves into your life and make you trust them.”

And the odds of your child being abducted by anybody?  That would be .02 percent.  Perspective is everything.

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Torn apart: silent victims of parental child abduction


July 12, 2012

Source: Radioaustralia.net

Each year thousands of children around the world are victims of parental child abduction. They’re innocent victims caught up in a very adult world where disputes between parents have gone from bad to worse.

There is an international legal treaty in place to try to deter the practice, but many nations in the Asia Pacific are not signatories and now the Australian Government is being asked to try to change that. Catherine Graue reports.

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Child abduction by parents among Indian diaspora raises concern


Source: Inewsone.com , New Delhi, June 19

(IANS) Increasing number of child abductions by parents among the Indian diaspora has become a cause of concern as India is yet to join the internationalconvention on the issue, a British minister has said.

‘The cases where a parent abducts their child and takes it away to India are problematic because India does not have laws to deal with parental child abduction,’ British Minister for Equalities Lynne Featherstone said here.

The minister urged the Indian government to accede to the UN Convention on the Civil Aspects of International Child Abduction.

The British minister was here on a three-day visit to India June 15-17 to seek greater collaboration between the two countries on the issue of violence against women and gender equality issues.

According to Featherstone, the UK government receives at least one complaint per month of alleged abduction of a child by a parent of Indian origin. There are about eight such cases currently being investigated, the minister said.

The children were abducted by one of the parents and brought to India in order to gain the advantage in matrimonial and child custody disputes.

Child abduction cases by parents are high in countries which have a large population of people of Indian origin such as the UK, the US and Canada.

About 70 children were abducted by parents of Indian origin in the UK in the past eight years, according to a report.

The US State Department’s Office of Child Issues, which helps in child abduction cases, is currently working on more than 100 cases of children taken to India without the consent of the parent left behind. The State Department has said that there are few remedies if a child is abducted to India.

There are more unresolved cases of parental child abduction from the US to India than any other country with the exception of Mexico.

About 85 countries have ratified the 1980 Hague Convention on Parental Child Abduction. Under the convention, member countries undertake to return children abducted by a parent to their homes under the jurisdiction of the courts in the home country.

Parental child abduction has become one of the many issues that have been added to the agenda for inter-governmental discussions with visiting delegations from the US, Britain and Canada.

Several NGOs and activists in India and abroad have urged the government to accede to the Hague Convention.

On the occasion of Father’s Day (June 20), a Bangalore-based non-governmental organisation, Children’s Rights Initiative for Shared Parenting (CRISP), has demanded that India ratify the Hague Convention and reform family law in India.

California-based Rakshak Foundation has also appealed to the union government to safeguard children’s rights and make parental abduction a cognizable, non-bailable crime.

Abduction of a child by one parent violates the child’s right to live in the security of the familiar home and prevents access to both parents. More and more child custody and abduction cases are landing in Indian courts relating to foreign citizens as well as non resident Indians (NRIs).

The Supreme Court has ruled recently that Indian courts have jurisprudence on child custody cases even if the child is a citizen of a foreign country. The courts apply the principle of best interest of the child, taking a foreign court decree as only one of the factors for deciding on the custodial dispute.

There have been occasions when the father had taken away the child from the country of residence, gone to India and left the child with his grandparents while he flew to work in a third country.

At other times, it is the woman who took the child on the pretext of visiting India.

Many abducted children are told that the other parent is dead or has gone away. Often one parent tries to poison the child’s mind to the other parent, which often causes psychological and emotional problems for the child.

‘Children in such cases are voiceless victims and their right to be connected to both biological parents needs to be protected,’ according to the Rakshak Foundation.

Often child custody cases lead to the child being deprived of the love, affection and care of one parent.

‘Joint custody and shared parenting are the best solutions for normal development of the child,’ the foundation said.

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Top judge says mothers should have children taken away if they don’t let fathers see them


Source: Daily Mail

Mothers who refuse to let separated fathers see their children should have them taken away, a senior family court judge said yesterday. The children should be handed over to the full time care of the father if the mother persistently defies court orders, Mr Justice Coleridge said.

He called for a ‘three strikes and you’re out rule’ by which children would be taken away if mothers ignored three court orders. The judge said that family courts are losing their authority because so many people take no notice of their judgments. Around 5,000 new cases a year come before the family courts in which parents – almost always mothers – defy orders to let the other parent have contact.

Judges are extremely reluctant to jail such mothers because of the damaging effects on the children, so many continue to get away with it. Mr Justice Coleridge, 61, said: ‘If I were to call it three strikes and you’re out it sounds insensitive but something like it perhaps should be the norm.’ He added that occasionally it might be necessary to send a mother to jail.

Read more: http://www.dailymail.co.uk/news/article-1333549/Top-judge-says-mothers-children-taken-away-dont-let-fathers-them.html#ixzz19hZkaJDX

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