Rallies across France for four Frenchmen held hostage for 1000 days in Niger


June 16 , 2013

Source: krmagazine

The families of four Frenchmen who were taken hostage in the North African republic of Niger in 2010, are planning rallies across France next week. Today, Thursday, June 13, marks the 1000th day of their loved ones being held captive by insurgents linked to al-Qaida in North Africa

Rallies across France for four Frenchmen held hostage for 1000 days in Niger

The families of four Frenchmen who were taken hostage in the North African republic of Niger in 2010, are planning rallies across France next week. Today, Thursday, June 13, marks the 1000th day of their loved ones being held captive by insurgents linked to al-Qaida in North Africa.

four-Frenchmen-held-hostage-for-1000-days-in-Niger

The four French hostages were variously employed by French companies Areva, Vinci and Sogea Satom when they were taken hostage on Sept. 16, 2010, in the town of Arlit, north Niger, by a group claiming to be part of al-Qaida in the Islamic Maghreb (AQIM), reports 20 Minutes. Areva employee Daniel Larribe and his wife Françoise were among seven people originally kidnapped by AQIM along with five employees of Satom, a subsidiary of the Vinci construction group. Although Françoise Larribe and two of the Satom employees were released in February 2011, Daniel Larribe and three Satom workers, Pierre Legrand, Thierry Dol and Marc Ferret have remained in captivity.

Now, the families of the four remaining Niger hostages plan to hold rallies across France in the cities of Nantes, Nimes, Aix-en-Provence, Orleans and Valence, as well as the French capital, Paris, on June 22, as a reminder of the plight of the four whose whereabouts and safety remain unknown. In a statement released Wednesday, representatives of the four families said, “A thousand days in the wilderness, away from everything and everyone. A thousand days: two and a half years, almost three. A thousand days is intolerable. They need to come back now.”

Understandably, all the families are concerned at what they see as the intolerable delay in any move to have the hostages released. During almost three years of uncertainty, the families have received only bits and pieces of information about their loved ones. When asked recently about the hostages, a spokesman for Quai d’Orsay — the French Foreign Office — had declined to comment “for security reasons and out of respect for the families,” 20 Minutes reported.

A video of the four French nationals held hostage was released by AQIM in September 2012 although it was impossible to verify when the video was filmed, (see accompanying Euronews video). The video showed the hostages in apparent good health. AQIM blamed the French government for delaying negotiations which might lead to the hostages’ release.

For the French government, French Foreign Minister Laurent Fabius met with hostages’ families in January 2013, telling them that “their loved ones were alive and healthy,” even though they were being held in “very difficult” conditions, reports World Nuclear News. Foreign Minister Fabius said at the time, “As frustrating as it may be, the treatment of cases of kidnapping in fact requires the utmost discretion, in the interests of efficiency and in the interest of the hostages.”

The minister confirmed to hostages’ relatives that those held captive were being properly fed and had access to medical treatment. He also said letters written to the hostages by their families had been delivered to them, adding, “Like all of us, I share the anxiety and impatience of the families in these difficult times.” Fabius concluded that the French president, government and businesses were “determined to secure the release of the hostages and their return to France as quickly as possible.”

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But for the hostages’ families, another six months have slipped by since Fabius’ encouraging statement and there is concern at the apparent inaction on the part of the French government. In mid-April this year, French President Françoise Hollande had put down the lack of progress to lack of response on the part of the kidnappers saying, “We have wanted (contact) for weeks, if not months.”

Despite matters being compounded by the French intervention in Mali, there was some comfort for relatives of hostages this week. Philippe Hugon, director of research at the Institute of International and Strategic Relations (IRIS), in charge of Africa told 20 Minutes, “The various intermediate networks between the kidnappers and the negotiators are moving, they are recovering.”

Referring to the release of a French family, taken hostage in Cameroon in February and released, relatively quickly, in April, Mr. Hugon said, “The situation of the French family taken captive in Cameroon was less complex. In this [Arlit, Niger] case, the release of the hostages is more difficult because the war in Mali, where France is at the forefront, is not finished and because these hostages represent financial and strategic issues important to jihadist groups.”

Encouraging words perhaps, but as 20 Minutes reports, the families of the hostages are tiring of what they see as the “lack of explanations” from the French authorities. As René Robert, grandfather of hostage Pierre Legrand put it, “Since the French military intervention in Mali, [the hostage situation] has become a total unknown. There’s been no explanation as to why matters are taking so long. We expect deeds as well as words. We just want our guys back.”

Few in France will disagree with that sentiment.

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The Faroe Islands, a nightmare of Parental Child Abduction – Miriam bortført til Færøerne


June 2 , 2013

Source: ABP World Group and udeoghjemme.dk

The Faroe Islands, a black hole of parental child abduction

Children were considered “treasures” in some peaceful, primitive societies where parents would not punish them physically and would strive to keep the child sheltered from all threats. This natural instinct of protecting one’s child seems to have been weakened by the transformation in human societies like the Faroe Islands. The Faroe Islands refuse to respect any international laws, or to take any legal steps to stop the rapid growing child abduction wave to the islands.

faroe_islands

The Faroe Islands, is one of the black holes of Parental Child Abduction, a real nightmare and a society that don`t respect anyone outside their community. We recommend people to not do any business with Faroe companies, or to go there on holidays until they stop breaking the human rights. Ban the islands until they start sending the abducted children back to their legal but devastated parents.

This is the latest Danish article about a child abducted from Denmark to The Faroe Islands:

Les også : Færøerne, et pedo paradis

Miriam bortført til Færøerne

Forældrenes skilsmisse var hård for lille Miriam. Men i det mindste boede både hendes mor og far i Hvide Sande, så hun kunne være tæt på dem begge. Men så tog ekskonen loven i egen hånd og flyttede med den toårige pige til Færøerne. Det har ændret alt.

 Faroe-Islands-Warning

I en by på Færøerne sidder en lille pige på nu fire år og savner en af de vigtigste personer i sit liv. Men der kan gå lang tid, inden Miriam igen ser sin far. 

Da hendes mor tog loven i egen hånd og bortførte hende til Færøerne, mistede datteren mere, end hun aner. Drypvis er hendes far ved at forsvinde ud af hendes liv. Ude og Hjemme har set nærmere på den ulyksalige skilsmisse. Flemming fulgte reglerne – og tabte. Greta brød dem – og vandt. Sådan føles det i hvert fald for Flemming Olesen, 32-årig elektriker fra Vestjylland.

– Det er håbløst. Jeg er i færd med at miste min datter, siger han. 

Fyldt med legetøj

Ude og Hjemme besøger ham i hans hus. Over fjernsynet hænger et stort foto af en smilende Miriam. En lyserød klapstol med dukke står klar ved siden af et velassorteret dukkehus. I et hjørne har Flemming parkeret det smarte trehjulede løbehjul Miriam fik i julegave. Ovenpå finder vi børneværelset, der er fyldt med legetøj, sirligt placeret på borde og hylder.

– Det er jo også hendes hjem, selv om hun ikke er her så tit, lyder det fra Flemming, der også har pakket gaver til sin datters fem års fødselsdag her i maj. De står på bordet klar til at blive sendt til Færøerne.

Løber tør for penge

– Jeg kæmper for at holde kontakten til Miriam. Men jeg kan godt se, hvilken vej, det går. Jeg tror min ekskone bevidst venter på, at jeg løber tør for penge, så jeg ikke længere har mulighed for at se Miriam, siger Flemming.

FAROE ISLANDS

Han havde sidst sin datter på besøg i påsken. Og før det i julen. Besøg som Rigsombuddet på Færøerne har bevilget ham. Men afstanden til Færøerne og prisen for at flyve er blevet et enormt problem. Hver tur derop og retur med datteren koster hver gang mellem 9.000 og 13.000 kroner. På et halvt år har Flemming brugt 50.000 kroner på at hente og bringe Miriam retur til sin mor. Og nu er kassen næsten tom.

LÆS OGSÅ: Gør plads til far i børnenes liv

– Jeg synes, det er forkert, at Miriam på den måde skal miste sin far. At jeg skal miste kontakten til min datter. Jeg har ikke mulighed for at blive ved med at hente hende. Jeg har ikke råd, siger Flemming, der står uforstående over for retssystemets adfærd.

Rejste til Færøerne

Sagen er nemlig, at hans eks-kone efter separationen i september 2011 i al hemmelighed besluttede at bortføre datteren til Færøerne. På det tidspunkt havde Flemming og Greta fælles forældremyndighed efter de danske regler. Greta havde flyttet adressen til et andet hus, så Miriam kunne vokse op med god kontakt til både mor og far. På trods af skilsmissen, så det ud til, at de to voksne havde fundet en holdbar vej for fremtiden.

Men Greta iværksatte nu en hemmelig plan. Den 17. september 2011 rejste hun med Mariam til Færøerne.  Tre dage senere fik Flemming et telefonopkald.

– Jeg har tænkt mig at blive heroppe sammen med Miriam, lød det fra Greta.

Allerede to dage efter – den 23. september – anlagde hun retssag på Færøerne for at få den fulde forældremyndighed over Miriam. Samtidig blev Miriams cpr-nummer lavet om til et færøsk cpr-nummer og hendes adresse registreret på Færøerne.

Belønnet for at bryde loven

Flemming var nu tvunget til at rejse frem og tilbage til Færørene for at hente og være sammen med sin datter. Flemmings advokat, Allan B. Møller fra Holstebro, kalder sagen en klar sag om børnebortførelse – en forbrydelse, der under normale omstændigheder kan give op til flere års fængsel.

– Hvis man bryder loven, skal det det have en konsekvens. Her får man i stedet en belønning. Det er højest udsædvanligt, lyder det fra advokaten.

Flemming reagerede dog som en rigtig vestjyde. Roligt og afbalanceret.

– Jeg ville ikke gøre noget, der kunne ødelægge mine muligheder for at få forældremyndigheden, siger han.

Tilsyneladende var det en god strategi. Dommen faldt den 2. juli 2012. Retten på Færørene vurderede nemlig, at Flemming skulle have den fulde forældremyndighed og at Miriam fremover skulle bo hos sin far.

Tabte ankesag

– Jeg var selvfølgelig lykkelig den dag. Jeg troede, at også Greta ville flytte med tilbage, så Miriam ville have både sin mor og far, fortæller Flemming. Men her forregnede han sig.

Greta ankede nemlig sagen, og kunne dermed beholde datteren på Færøerne indtil ankesagen. Og den gik anderledes. Her vurderede Østre Landsret, at Miriam nu havde boet så længe hos sin mor på Færøerne, at Greta skulle have forældremyndigheden.

– Jeg synes, det er grotesk. Hun bortfører vores datter til Færøerne. Og bliver belønnet for det.  Men vores datter bliver ramt. Hun mister kontakten til sin far, siger Flemming.

Greta har ikke ønsket at kommentere sagen.  Hun har dog mailet følgende:

”Jeg håber stadig, at Flemming holder kontakt til Miriam i fremtiden og jeg vil gøre mit bedste for, at det kan lade sig gøre.”

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International Parental Child Abduction in Italy


June 1, 2013

Source: legalsl.com

The parental child abduction under the Italian Criminal Law

The child abduction is a crime under the Italian Criminal Law, even when it is committed by one of the parents.

Intent Look

Pursuant  to Article 570 of the Italian Penal Code, the person who subtracts to the parent or other guardian, a child under fourteen years of age or an unsound mind, or holds them against the will of the parent or other guardian, shall be punished with imprisonment from one to three years.

A complaint of the parent (or other guardians) is required in order to start a lawsuit against the abductor.

About the international parental child abduction, pursuant to Article 570-bis of Italian Penal Code, unless the fact constitutes a more serious offense, the person who subtracts a child to the parent or other guardian, leading or holding him abroad against the will of that parent or guardian, shall be punished with imprisonment from one to four years.

n_international-parental-child-abduction-in-italy

If the offense is committed against a child who has reached the age of fourteen and with his consent, the penalty of imprisonment will be from six months to three years.

If the crimes are committed by a parent, the sentence involves the suspension of the exercise of parental authority.

Italy is a member State of the 1980 Hague Convention on the civil aspects of international child abduction.

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Who to call in case of parental kidnapping


ABP World Group Child Recovery Services

Tragically International Child Abduction has reached global epidemic proportions.  According to leading experts the increase in inter-racial marriages and relationships  will, in the future, lead to a significant rise in the number of children born to parents of different nationalities.

 

As is true for all relationships, a statistically significant number of these marriages or partnerships will also end in divorce.       All too often, following the breakup of a marriage, one of the parents will abduct a child of that relationship against the wishes of the other parent,  frequently removing them to a country where the child has probably never lived.     This is called “International Parental Child Abduction”.

Although there are various civil remedies available to  parents of abducted children , the challenges they face are enormous, including first and foremost, locating  the child .

Unfortunately for the majority of targeted parents, the financial burden involved in recovery and litigation falls upon their shoulders. With tens of thousands of children abducted by parents each year, the reality is that too many of these children never come home.  ABP World Group is dedicated to assisting those parents who need help in locating, rescuing, and returning  their abducted child home safely.


Our intelligence and investigative capabilities combined with our ability to dispatch personnel to most locations in the world offer a safe and strategic solution to protecting what is most important to you : your child.

Unfortunately in this present climate parental kidnapping  occurs all too frequently and we are here to help you through this extremely traumatic  period.

We are aware that parental child abduction can be difficult to resolve, but through the use of professional operatives with the skills and expertise necessary to find a resolution. we are here to help you

ABP World Group’s successful recovery and re-unification strategy relies on the use of all the 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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UK Phone Number: 020 3239 0013 –

Or you can call our 24h Emergency phone number: +47 45504271

What can I do if my child is abducted?


June 30, 2012 – ABP World Group Child Recovery Services

Source: takelegaladvice.com

International child abduction is on the increase, according to family lawyers.
This fact is highlighted by the latest case to hit the newspapers – a seven year old child living abducted by her father Clark Rockefeller, during a supervised visit to him in America.
Reigh Boss, who lives in London with her mother, has not yet been found and, according to the press,  it seems that her father planned to take her, with  Reigh bundled into an accomplice’s waiting car, despite the attempts of a supervising social worker to stop him.
As family lawyers point out, marriages between couples of different nationalities have become more common over the last few decades – and international child abuction is consequently on the increase. Travel is now between countries and continents, which makes it  easier to abduct children.
Since it is usually the mother with whom young children are living, fathers are more often the abductors. (This is not correct. Red.) Mothers stands for approx.70% of all the abduction cases.
The problem has become so acute that the majority of civilised countries have signed international agreements to ensure that their courts will order the return of a snatched child to the parent from whom he or she was removed.
Sadly, there are some countries which are not signatories to these agreements.   When a child is removed to one of these, it may be difficult or even impossible to recover the child.
If you are afraid that your child might be abducted and taken abroad  by the other parent, you can alert your local police station.
If the threat of removal is ‘real’ and ‘imminent’ and you have evidence  to support your fear, police will circulate details of the possible abductor and child to all UK points of departure via the Police National Computer.
You can also write to your regional office of the UK Passport Service requesting them not to grant a passport to your child.
The International Child Abduction and Contact Unit [ICACU] is the authority responsible for  dealing with child abduction in England and Wales.
If you believe that your child is in danger of being abducted, ICACU advise that you keep the following information, or as much as is possible, ready:
On the Child:  – full name
-date and place of birth
– passport number, date and place of issue
-photographs or a physical description
– any entitlement to a passport other than a British passport
On the Person Who has Taken the Child:
– full name [including prior or maiden name and any aliases if applicable]
– date and place of birth
– passport number, date and place of issue
– photograph or a physical description
-occupation
– probable date of departure
– departure information [eg flight, train, ferry]
–  details of ties to a foreign country – eg names, addresses and telephone
– numbers of relatives, friends or business contacts.
 
Copies of Documents:
–  any agreements or court orders which relate to the child
– child’s birth certificate
– marriage certificate or divorce decree
– name and address of solicitor [if you have one]

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

UK Phone Number: 020 3239 0013 –

Or you can call our 24h Emergency phone number: +47 45504271

Parental Child Abduction – Lesson 1


ABP World Group Child Recovery Services 


Imagine…

You are in the kitchen cooking dinner while your children are playing in your front yard. When you go outside to call them in, they are gone.

Imagine…

You drop off your child at school before work. When you arrive to pick her up in the afternoon you are told that someone else has already taken her.

Imagine…

You wait for your former spouse to return your son following a schedule weekend visit. When your child isn’t returned, you go to the other parent’s home only to discover that the apartment has been vacated.
The physiological response in each of these situations is the same. Your heart begins to pound and your adrenaline starts to surge through your veins as the realization dawns that your children are gone. In an instant your brain considers possible explanations, but they each defy logic. Your brain already knows what your heart is desperately trying to deny. Your children have been kidnapped.
There are few horrors that can rival the experience of having one’s child kidnapped. Movies and television shows sensationalize child abduction. The nightly news further distorts correct understanding of child abduction by only reporting on the most dramatic of cases, for example, the kidnapping of Elizabeth Smart. There exists, however, a less-glamorous form of child abduction which is perpetrated by the child’s own parent.
Parental Kidnappings
Each year there are more than 350,000 child abductions in America. The vast majority of these kidnappings are perpetrated by one of the child’s parents. The official term for this type of crime is “parental child abduction”, but it is also referred to as a “child kidnapping” or “child snatching”. Regardless of the terminology, the fact that the child is taken by the other parent does not diminish or negate the raw emotional trauma inflicted upon the other parent.

Parental kidnapping is the unlawful abduction of a child by one parent which deprives the other parent of their lawful custody of the child.  In divorce situations, the abductor may be the custodial or the non-custodial parent. This means that even if the abductor is the custodial parent or primary caregiver, if the abduction deprives the other parent of his or her court ordered visitation time then the custodial parent is guilty of parental child abduction.

The US Department of Justice (DOJ), Office of Juvenile Justice and Delinquency Prevention conducted an intensive and thorough research study on child abduction in America. The project is called the National Incidence Studies of Missing, Abducted, Runaway, and Thrownaway Children (NISMART). The section that focused specifically on children abducted by family members is called NISMART-2. This article extensively references the NISMART-2. The original study may be found at: http://ojjdp.ncjrs.org

Defining Parental Child Abduction

“For the purposes of NISMART-2, family abduction was defined as the taking or keeping of a child by a family member in violation of a custody order, a decree, or other legitimate custodial rights, where the taking or keeping involved some element of concealment, flight, or intent to deprive a lawful custodian indefinitely of custodial privileges.”
The NISMART-2 elaborates on the definition above by further defining the following terms:
  • Taking: Child was taken by a family member in violation of a custody order or decree or other legitimate custodial right.
  • Keeping: Child was not returned or given over by a family member in violation of a custody order or decree or other legitimate custodial right.
  • Concealment: Family member attempted to conceal the taking or whereabouts of the child with the intent to prevent return, contact or visitation.
  • Flight: Family member transported or had the intent to transport the child from the State for the purpose of making recovery more difficult.
  • Intent to deprive indefinitely: Family member indicated intent to prevent contact with the child on an indefinite basis or to affect custodial privileges indefinitely.

Conceptualizing the Problem

Of the 203,900 parental child abduction cases studied, 57% were labeled as “caretaker missing”, meaning that the victimized parent did not know where the child was for at least 1 hour, became alarmed and searched for the missing child. However, the NISMART-2 reveals:
“It is possible for a child to have been unlawfully removed from custody by a family member, but for that child’s whereabouts to be fully known. Thus, a child can be abducted but not necessarily missing.”
In fact, the study found that 43% of the children kidnapped were not thought of as “missing” by the victimized parent because the child’s whereabouts were known to the victim parent.
“Although the family abductions described in this study typically had certain disturbing elements such as attempts to prevent contact or alter custodial arrangements permanently, they did not generally involve the most serious sorts of features associated with the types of family abductions likely to be reported in the news. Actual concealment of the child occurred in a minority of episodes. Use of force, threats to harm the child and flight from the State were uncommon. In contrast to the image created by the word ‘abduction,’ most of the children abducted by a family member were already in the lawful custody of the perpetrator when the episode started. In addition, nearly half of the family abducted children were returned in 1 week or less.”
Even if the child is not considered missing, the abduction is still considered child abuse because of the damage that it inflicts upon the child. The NISMART-1 found that, “family abduction can result in psychological harm to the child” and the NISMART-2 states that “family abductions constitute an important peril in the lives of children it is important to remember that the potential harm to family abducted children exists whether or not they are classified as missing”.

Characteristics of Parental Abductions

Location and Season. 73% of parental abductions took place in the child’s own home or yard, or in the home or yard of a relative or friend. Children were removed from schools or day care centers in only 7% of the cases. In 63% of the cases, the children were already with the abductor in lawful circumstances immediately prior to the abduction.

Police Contact. In 40% of all cases, the aggrieved parent did not contact the police to report the abduction. The study found a number of reasons for this, but the majority of responses indicated that the parent did not believe that the police would intervene in the matter because the child’s whereabouts were known, they were in the care of a legal guardian, and it did not appear that the child was being harmed. The highest percentage of abductions took place during the summer.

Ages. 45% of abductors were in their 30’s. 44% of abducted children were younger than age 6.
Indicators of serious episodes. “The use of threats, physical force, or weapons was relatively uncommon in family abductions.” 17% were moved out of State with the intent to make recovery more difficult. 44% were concealed, at least temporarily, from the victimized parent-+. 76% included attempts to prevent contact. 82% included intent to permanently affect the custodial privileges of the aggrieved parent.

Conclusion

Parental child abduction is the unlawful kidnapping of a child by one parent which deprives the other parent of his or her lawful custodial rights. This kind of child snatching not only victimizes the other parent, but it is also a serious form of child abuse.
When the abducting parent chooses to go underground or flees the state or country, recovery of the child becomes exceptionally difficult – and sometimes impossible. Because of this, if you suspect that your child is at risk of abduction you must act now. There are steps you can take to reduce the risk of abduction, as well as actions designed to make the recovery of your child far more likely.

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Cyprus/Italy -Abducted child returned by airline


June 28, 2012

Source: CyprusMail

POLICE yesterday confirmed that on Tuesday a Ryanair flight from Paphos bound for Bergamo airport in Italy was forced to return an hour after take off, following information that one of the passengers had been kidnapped.

Police informed the pilot that the mother of a 10-year-old girl of Pontian origin had reported that her daughter had boarded the flight, with her father, against her will.

Once the complaint had been filed, police sought to prevent the flight from taking off by informing the control tower of the situation, but the flight had already left the runway.

The control tower informed the aircraft’s pilot of the situation, as according to International regulations, the pilot is solely responsible for any decisions taken during the flight.

The pilot confirmed that the named passengers were on board by checking the flight list and subsequently returned to Paphos airport.

On landing, the girl’s father was taken to the offices of Paphos airport police, while the girl was handed back to her mother.

Hermes airport spokesman Adam Aspris declined to comment on the matter only saying, “This is a security matter but I can confirm that the Ryanair flight in question had to return to Paphos airport, taking off again later.”

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UK Phone Number: 020 3239 0013 –

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Criminal prosecution can play a significant role in international child abduction cases


Source: voltaantonio.com

Criminal prosecution can play a significant role in international child abduction cases. However, it can be a double-edged sword. Some courts use the possibility of criminal prosecution against an abducting parent as a reason not to order a child’s return.

Interpol Notices

One of Interpol’s most important functions is to help police in member countries share critical crime-related information using the organization’s system of international notices.

Notices can be issued in cases of international child kidnapping.

The notices include:

Extradition Treaties Interpretation Act of 1998

18 USC § 3181

SEC. 202. FINDINGS.

Congress finds that—

(1) each year, several hundred children are kidnapped by a parent in violation of law, court order, or legally binding agreement and brought to, or taken from, the United States;

(2) until the mid-1970’s, parental abduction generally was not considered a criminal offense in the United States;

(3) since the mid-1970’s, United States criminal law has evolved such that parental abduction is now a criminal offense in each of the 50 States and the District of Columbia;

(4) in enacting the International Parental Kidnapping Crime Act of 1993 (Public Law 103–173; 107 Stat. 1998; 18 U.S.C. 1204), Congress recognized the need to combat parental abduction by making the act of international parental kidnapping a Federal criminal offense;

(5) many of the extradition treaties to which the United States is a party specifically list the offenses that are extraditable and use the word ‘kidnapping’, but it has been the practice of the United States not to consider the term to include parental abduction because these treaties were negotiated by the United States prior to the development in United States criminal law described in paragraphs (3) and (4);

(6) the more modern extradition treaties to which the United States is a party contain dual criminality provisions, which provide for extradition where both parties make the offense a felony, and therefore it is the practice of the United States to consider such treaties to include parental abduction if the other foreign state party also considers the act of parental abduction to be a criminal offense; and

(7) this circumstance has resulted in a disparity in United States extradition law which should be rectified to better protect the interests of children and their parents.

SEC. 203. INTERPRETATION OF EXTRADITION TREATIES.

For purposes of any extradition treaty to which the United States is a party, Congress authorizes the interpretation of the terms ‘kidnaping’ and ‘kidnapping’ to include parental kidnapping.

Office of Children’s Issues, U.S. Department of State:

The Possibility of Extradition

The United States Department of Justice, not the United States Department of State, is responsible for pursuing extradition of wanted persons. Through INTERPOL and other international links, national law enforcement authorities in many countries regularly cooperate in the location and apprehension of international fugitives.

Extradition, the surrender of a fugitive or prisoner by one jurisdiction for criminal prosecution or service of a sentence in another jurisdiction, is rarely a viable approach in international child abduction cases. Extradition is utilized only for criminal justice purposes in cases that prosecutors believe can be successfully prosecuted due to the sufficiency of the evidence. Prosecutors may decide not to proceed with a request for extradition for a number of different reasons. Moreover, it must be remembered that extradition does not apply to the abducted or wrongfully retained child, but only to the abductor. There is no guarantee that the child will be returned by foreign authorities in connection with extradition of the alleged wrongdoer. Threatened with impending extradition, abducting parents may hide the child or children with a friend or relative in the foreign country.

Another reason that extradition may not be useful in a given case is that the offenses of parental child abduction or custodial interference are sometimes not included in the U.S. Government’s extradition relationships with some foreign countries. The United States now has extradition treaties now in force at this point with over 120 foreign countries. Some of these are “dual criminality” treaties while others are “list” treaties. In each case, in order for conduct to be an extraditable offense under a particular treaty, the conduct in question must be (1) be extraditable under a given treaty, the conduct in question must be considered a crime in both countries, and (2) and also included as an extraditable offense under the treaty. In this respect, the United States Government has two kinds of extradition treaties, “dual criminality” and “list” treaties.

Dual Criminality Treaties: U.S. Government’s Most modern extradition treaties (i.e., generally those concluded after 1980) usually include a “dual criminality” provision. This means that persons generally may be extradited under the treaty if their conduct is a crime punishable by more than one year imprisonment in both countries.

As a result, if the illegal conduct involved in a particular parental child abduction or custodial interference case is a crime punishable by more than one year imprisonment in both the United States and the foreign jurisdiction country concerned, then that conduct would be considered an extraditable offense under most extradition treaties that are based on “dual criminality” extradition treaties. (A small number of the U.S. Government’s dual criminality treaties use periods other than one year as the measure for extraditable offenses.)

If the conduct is not criminalized a crime in either the United States or the foreign country, then it will not be an extraditable offense.even if our treaty with that country is a modern “dual criminality” treaty.

List Treaties: The U.S. Government’s older extradition treaties (generally those concluded before 1980) typically contain a list of covered offenses that are extraditable under the treaty. In this respect, nearly all of these older treaties include the word “kidnapping” in their list of covered extraditable offenses. The Extradition Treaties Interpretation Act of 1998 (Pub. L. 105-323) makes clear that the word “kidnapping” as used in these older treaties can encompass parental kidnapping. If, however, the conduct is not a crime criminalized in the United States or the foreign country, then it will not be an extraditable offense even if the word “kidnapping” is included in the relevant list treaty.

Despite the fact that parental child abduction may be covered by certain extradition treaties, you should be aware of potential difficulties in utilizing them. Apart from the possible counterproductive effects already discussed, specifically, most all civil law countries (in contrast with common law countries like the United States, United Kingdom, Canada, and Australia) refuse to extradite their own nationals. Nearly all the nations of Latin America and Europe are civil law countries. Whatever the terms of any applicable extradition treaty, experience has also shown that foreign governments are generally reluctant (and often simply unwilling) to extradite anyone (their own citizens, United States citizens, or third country nationals) for parental child abduction.

For extradition to be possible, therefore:

· The local and/or federal prosecutor must decide to file charges and pursue the case, and you should be prepared to testify in any criminal trial;

· There must be an extradition treaty in force between the United States and the country in question;

· The treaty must cover parental child abduction or custodial interference;

· If the person sought is a national of the country in question, that country must be willing to extradite its own nationals; and,

· The country in question must be willing to extradite persons for parental child abduction /custodial interference (i.e., not refuse to do so for “humanitarian” or other policy reasons).

International Parental Kidnapping Act

The International Parental Kidnapping Act (18 USCA 1204), enacted in 1993, is an important component of the international family lawyer’s arsenal.

It makes it an offense to remove or attempt to remove a child who has been in the United States from the United States , or retain a child outside the United States, with the intent to obstruct the lawful exercise of parental rights. The offense is punishable by a fine under Title 18, imprisonment for not more than three years, or both.

The statutory language is as follows:

18 U.S.C. § 1204. International parental kidnapping

(a) Whoever removes a child from the United States, or attempts to do so, or retains a child (who has been in the United States) outside the United States with intent to obstruct the lawful exercise of parental rights shall be fined under this title or imprisoned not more than 3 years, or both.

(b) As used in this section—

(1) the term “child” means a person who has not attained the age of 16 years; and

(2) the term “parental rights”, with respect to a child, means the right to physical custody of the child—

(A) whether joint or sole (and includes visiting rights); and

(B) whether arising by operation of law, court order, or legally binding agreement of the parties.

(c) It shall be an affirmative defense under this section that—

(1) the defendant acted within the provisions of a valid court order granting the defendant legal custody or visitation rights and that order was obtained pursuant to the Uniform Child Custody Jurisdiction Act or the Uniform Child Custody Jurisdiction and Enforcement Act and was in effect at the time of the offense;

(2) the defendant was fleeing an incidence or pattern of domestic violence; or

(3) the defendant had physical custody of the child pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond the defendant’s control, and the defendant notified or made reasonable attempts to notify the other parent or lawful custodian of the child of such circumstances within 24 hours after the visitation period had expired and returned the child as soon as possible.

(d) This section does not detract from The Hague Convention on the Civil Aspects of International Parental Child Abduction, done at The Hague on October 25, 1980.

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International Parental Child Abduction – Canada Fighting to Get Kidnapped Kids Back from Poland


Source: Youtube

CHARLES ADLER (Sun News Media) Interview with Stephen Watkins – International Parental Child Abduction – The non-custodial mother of Stephen Watkins’ children kidnapped the two boys from Canada and fled to Poland without custody. He’s now fighting to get them back from Poland. The Polish Courts have refused to return the Canadian Children back to Canada using a loop hole of the Hague Convention Treaty.

After being Missing and searching for two and a half years, the two little boys were located in Warsaw, Poland as a result of a Polish School taking the abducting mother, Edyta Ustaszewska (Watkins) to Court to limit her parental rights due to child protection concerns and sending a court summons to the father to appear in Polish court but delayed telling the father by 11-months.

The Polish Court taking this action had NO idea that another Polish Court Ordered Polish Police to search Poland-wide in January 2010 for these Missing / Abducted children known through social media as the “Watkins Missing Children” and that the two boys were already flagged by the Polish Police, the recognized Polish National Missing Children organization “ITAKA”, Europe’s INTERPOL and the Canadian National Police (RCMP) as internationally abducted children.

The RCMP as issued a Canada-wide alert for Edyta Watkins (Ustaszewka) and her profile appears on the RCMP’s Canada’s Most Wanted online. Canada has also issued a world-wide INTERPOL “Red Notice” for her apprehension and “Yellow Notices” for the abducted boys.

In December 2011, the Polish Hague Convention court denied returning the Canadian boys back to Canada. Stephen Watkins appealed this case and on May 29, 2012 another Polish Court dismissed the appeal and denied the return of two Missing / Abducted Canadian children back to Canada from Poland.

Even the Prime Minister of Canada, Stephen Harper and the Prime Minister of Poland, Donald Tusk were asked a questions by the media on this high profile International Child Abduction case while both in Ottawa.
(See the RAW VIDEO of the two Prime Ministers Quotes on the Main YouTube Channel)

The father had already been granted sole custody of Alexander and Christopher Watkins, in January 2009 by the Canadian Courts prior to their kidnapping due to child protection concerns reported by a Canadian School as they realized that Edyta Ustaszewska (Watkins) was physically and mentally abusing the boys while in her care. The boys were apprehended by the Canadian Courts and by the Catholic Children’s Aid Society of Toronto and taken away from the mother and the two boys had already been living with the father since 2007.

The two Canadian boys which were 4 years and 7 years old when abducted from Canada in March 2009 by their non-custodial mother, Edyta Ustaszewska ( Watkins ), using a Canceled Canadian Passport and the children’s Canadian Passports which were repeatedly Ordered by the Ontario Courts to be handed over in what Canada’s National Police ( RCMP ) stated in 2010 as one of Canada’s worst International Child Abduction from Canada.

The father of the abducting mother has been arrested and charged for assisting in the abduction which is still before the criminal courts in Ontario, Canada.

The father plans to appeal this case in the European Union Courts.

FIGHTING TO GET KIDNAPPED KIDS BACK
SUN NEWS NETWORK with CHARLES ADLER: Parental Kidnapping
Reported by CHARLES ADLER on June 4, 2012 21:11
“Watkins Missing Children” – International Child Abduction case

YouTube VIDEO LINK:
http://www.youtube.com/watch?v=ThiO3PVO_fM

ORIGINAL VIDEO LINK:
http://www.sunnewsnetwork.ca/video/search/stephen%20watkins/fighting-to-get-k…

Follow the “Watkins Missing Children” case and more info can be found here:
FACEBOOK: http://www.facebook.com/Watkins.Missing.Children
WEBSITE: http://www.Watkins-Missing-Children.com
TWITTER: https://twitter.com/Child_Abduction

Thank you for SHARING this news interview so more people are aware of the injustice the Polish Courts are continuing to pursue which are breaking not only multiple treaties between Canada and Poland but also infringing on the Human Rights and the Rights of the Child as outlined in the UNITED NATIONS rights of the Child (CRC) which both Canada and Poland are signatories.

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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

Contact us here: Mail

NOTE: We are always available 24/7

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

UK Phone Number: 020 3239 0013 –

Or you can call our 24h Emergency phone number: +47 45504271

Snatched: Non-Custodial Parent Abductions Rise During Summer Visits


Source: yougotkids.com

Split by divorce, millions of parents around the world share custody of their kids, delivering them back and forth on weekends and holidays. In rare but devastating cases, some parents refuse to give them back.

 

According to Child Find of America, Inc., more than three-fourths of all child abductions – more than 200,000 kids in 1999 alone — involve a non-custodial parent, and two-thirds of these kids were taken by their dad or another male relative. Eighty-two percent of the perpetrators said they intended to permanently affect custody because they were unhappy with the court decision, angry at the break-up or resentful of their ex-spouse’s new partner or lifestyle. Others reported that they had been denied visitation rights for not paying child support, or that they were protecting their kids from abuse.

The truth is these children are in for a world of hurt.

Yanked from family, school, the comforts of home and friends, many are forced to live life on the run, moving from place to place – and even to other countries – to avert authorities. Many are told that the parent they left behind doesn’t love or want them anymore, and many are exposed to emotional, physical and sexual abuse.

While these cases are very rare, if you’re ever involved in a separation or divorce and you suspect your ex-partner is becoming unstable, don’t hesitate to take action. If your ex is impulsive, easily angered, hostile, revengeful or abusive, with a spotty employment record and few responsibilities, he fits the typical profile.

First, strengthen the line of communication between you and your child.

While you don’t need to divulge details of your divorce, make sure your child knows you love him and will always want him, no matter what anyone else says. Help him feel comfortable coming to you with any worries.

Make sure he knows his full name, address and phone number, and matter-of-factly teach him how to approach trusted family members or friends, or even police or emergency crews, if he ever needs help. Explain how to make a long-distance or collect call, and let him know he has the right to call you no matter who says he can’t.

Meanwhile, stash as much up-to-date information as you can on your ex-spouse, including his social security number, driver’s license number, vehicle registration number, bank account and credit card numbers, passport and medical insurance information. Keep a list of addresses, phone numbers and birthdays of all of his relatives and close friends.

You should also keep a current photo and important data about your child so that you can share it with authorities in an emergency. To help, Kidproof has designed a new iPhone app, called YouGotKids™ that allows you to easily store your child’s photo, nickname, birthdate, descriptors and medical information. The app stores info on your child’s school, sports coaches, club leaders, child care providers, family doctor, dentist and medical insurance company, and offers one-touch dial-out to police and other emergency-response agencies. The clever app even reminds you every six months to update your child’s photo. The full version is available for $1.99 at the Apple Store. In addition, you’ll want to keep a paper file of your child’s birth certificate, custody orders, dental records and passport.

When dealing with your ex, avoid confrontations and encourage cooperation and compromise. Opt for mediation, if possible, over a court order. If your ex is threatening to take your child, have someone else witness or tape the threats, and keep a log for the authorities. Don’t hesitate to request a restraining order, supervised visits or bond posting before visits.

Once custody has been determined, make sure all papers specify the days and times of visits, where your child will live, and that he should not be removed from your state or country without a judge’s consent. Provide a certified copy of the custody order, along with a photo of the non-custodial parent, to your child’s school, daycare facility, camp or sitter and specify in writing who is allowed to pick up your child.  Keep two copies for yourself, in two separate, safe places, and consider filing copies with the counties where you and your ex live.

Get a passport for your child, specify in writing that your child may not be taken out of the country without your written permission, and have the passport office mail the document to you with a return-receipt requested.

Finally, don’t use child support as a condition for allowing your ex to see your child; this fans the flames and gives your ex a “reason” to flee. Follow the court’s orders to the letter, and get emergency help if you need it by calling the police right away.

Follow our updates on Twitter and Facebook

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

Contact us here: Mail

NOTE: We are always available 24/7

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

UK Phone Number: 020 3239 0013 –

Or you can call our 24h Emergency phone number: +47 45504271