In International Child Abduction Cases – quiet diplomacy is not working


December 29, 2013

Source:  Washington Post

SEAN GOLDMAN was 4 years old when his Brazilian-born mother took him from their New Jersey home for what Sean’s father, David Goldman, thought would be a two-week vacation. Five years passed before the father again laid eyes on his son.

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“It was very painful,’’ David Goldman recalled. “The first time I saw him after nearly five years, he looked at me and asked me where have I been all this time. . . . He was told that I didn’t love him, that I abandoned him, that I never wanted him.”

The only unusual feature of this story is that David Goldman eventually regained custody, though even after the boy’s mother died in 2008 her Brazilian family continued to resist his efforts. He succeeded in part because Rep. Christopher H. Smith (R-N.J.)relentlessly focused attention and pressure on the case. Now a bill written by Mr. Smith, the Sean and David Goldman International Child Abduction Prevention and Return Act, has been approved by the House, 398 to 0, and is set for consideration in the Senate. But the State Department doesn’t want the additional diplomatic tools the bill would provide.

According to State, 1,144 children were reported abducted from the United States in 2012. There were 1,367 in 2011 and 1,492 in 2010. State Department officials say they work hard to get those children back — or at least to get the cases fairly adjudicated — but they can’t or won’t say how many of those abducted children remain overseas. That raises questions about their claims for success for “quiet diplomacy.”

In a letter to Mr. Smith, Robert E. Wallace, executive director of the Veterans of Foreign Wars of the United States (VFW), said the abduction of children by a separated spouse is a particular problem for service members, especially in Japan. Mr. Wallace said the service members’ appeals for help “are too often met with bad legal advice, misinformation or indifference. . . . It is time for the U.S. government to take concrete action.” An organization of victimized parents said that the result of quiet diplomacy is “that the Government of Japan has not once assisted in returning a single abducted child.” Japan at least is in the process of acceding to an international treaty on the subject; most countries have not done so.

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The House bill provides for a series of graduated sanctions against countries that demonstrate a pattern of non-cooperation; it also would encourage the United States to negotiate agreements with countries that have not ratified the treaty. In both cases, the executive branch would act only if it chose to do so; the bill provides for a presidential waiver. Nonetheless, a State Department official told us putting tools in the tool kit would be counterproductive because U.S. officials would face pressure to use them and other countries would resent the implied threat.

Given the administration’s inability to quantify its success, or to report any results at all, the argument for the status quo is not persuasive. An aide to Sen. Robert Menendez (D-N.J.), chairman of the Foreign Affairs Committee, told us that the committee will take the measure up soon. We hope soon means soon. For thousands of parents deprived of the chance even to communicate with their children, quiet diplomacy isn’t getting the job done.

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Japan remains a nightmare when it comes to parental child abductions


December 29, 2013

Source: Vancouver Sun

There are few more heart-wrenching stories than those of parental child abductions. Forget the emotional dynamics that drive ex-wives and ex-husbands to use their children as weapons in an ongoing war. The greatest damage inflicted is on little kids, which is why for the past 35 years all but Japan among the developed countries in the world and dozens of others have signed on to the Hague Convention of Child Abduction.

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The convention requires signatory countries to honour the court orders of other member states. The goal is to protect children’s right to have access to both of their parents.  And while the Hague Convention’s application isn’t always perfect, it’s the best we’ve got so far. Of course, it would be better if more countries signed on and then lived up to both the convention’s letter and spirit.

I’ve written a number of stories, most recently an update on five-year-old Max Kawabata-Morness, who was abducted July 26 by his mother Chie Kawabata. In the column, which follows below, I mentioned that as far as I knew Canada has never put pressure on Japan to either ratify or enforce the Hague Convention.

It turns out I was wrong. Strangely, the correction didn’t come from Prime Minister Stephen Harper or anyone in the Canadian government. The mistake was pointed out by  — Capt. Paul Toland, executive assistant to the deputy surgeon general of the U.S. Navy. Toland’s daughter, Erika, was less than a year old when she was abducted by her Japanese mother in August 2003. His last contact with her was in July 2004.

(Toland’s story is one of five in a documentary of parental child abductions called From the Shadows.)

Toland provided me a link to a 2006 Kyodo News International report on Prime Minister Stephen Harper’s first meeting with Japan’s then-prime minister Junichiro Koizumi. Here’s part of what that report says: “Harper, who took office in February, was meeting Koizumi for the first time, took the Japanese delegation by surprise when he brought up the issue of parental child abductions and called on Japan to accede to the Hague Convention.”

Toland also gave me a link to a Japanese government press release from the June 17, 2013 meeting between Harper and Prime Minister Shinzo Abe that referenced Harper’s 2006 comments about the Hague Convention and updated him on Japan’s intention to become a signatory.

Of  course, as I noted in my Nov. 1 column, Japan’s enabling legislation appears to have a massive loophole that would allow Japanese judges to reject any foreign court orders regarding children that run contrary to Japanese “custom.”

Here’s the column.

Kris Morness and his son, Max Kawabata-Morness, in Vancouver a few weeks before the five-year-old was abducted by his Japanese-American and taken to Japan.

Kris Morness and his son, Max Kawabata-Morness, in Vancouver a few weeks before the five-year-old was abducted by his Japanese-American and taken to Japan.

Kris Morness spent thousands of dollars in legal fees trying to ensure that his worst fear wouldn’t come true. It was a waste of the Vancouver father’s time, money and effort.

On July 26, his ex-wife Chie Kawabata abducted their fiveyear-old son, Max. A Washington court had previously denied Kawabata’s request to move with Max to Japan, ordering her to remain in Kirkland, Wash., and comply with the court-approved parental order, which included Max having regular visits with Morness in Vancouver and frequent Skype calls.

After Max missed a scheduled Skype call, Morness contacted Kirkland police, who determined that Kawabata had flown on a one-way ticket and had arranged to ship “500 pounds of household goods and personal effects” to Tokyo.

On Sept. 15, King County Superior Court issued a warrant for Kawabata’s arrest on the charge of custodial interference in the first degree, with bail set at $100,000. The prosecutor’s report noted that “the State has serious concerns about the well-being and whereabouts of the five-year-old child as well as the defendant’s unwillingness to follow court orders.”

But Morness’s court orders and even the arrest warrant aren’t worth the paper they’re written on as long as Kawabata stays in Japan.

The arrest warrant is only valid in the United States and there’s no way that a Japanese

court will honour the court orders. Simply put, from a stolen child’s point of view or that of a left-behind parent, Japan is one of the worst places in the world.

There’s no firm estimate of how many Canadian children have been abducted to Japan and not returned, but I know of at least six including Max.

And while Canadian politicians don’t appear to have ever raised this abuse of both human rights and children’s rights with their Japanese counterparts, Secretary of State Hillary Clinton and President Barack Obama spoke of the more than 120 abducted American kids often enough that Japan’s parliament agreed this Spring that it would ratify the Hague Convention on child abduction. Japan has yet to implement the legislation. And even if it had, while it may meet the Hague Convention requirements, it doesn’t appear to reflect its spirit.

The convention has been in place for nearly 35 years and requires that signatory countries respect and implement each other’s Family Court orders. The goal is to protect children from the trauma of abduction and ensure that children don’t end up stateless without any legal rights.

Before any foreign order would be enforced, a Japanese judge would have to agree to allow it. And that’s no easy thing.

According to information provided to me by the Japanese Embassy in Ottawa, the foreign court where the judgment was made would have to have international trial jurisdiction over the case “based on Japanese standards.”

Additionally, the legislation would only require a Japanese court to enforce a foreign judgment if it and the legal procedures of the foreign court are “not against the manners and customs or public order in Japan.”

So, what is Japanese custom? A year ago, a reporter for the Australian Broadcasting Corporation asked Japanese legislator Masao Ido about parental abductions.

“While Westerners call it abduction, it’s common among the Japanese that a mother and child return to the mother’s parents after a divorce,” said Ido, a member of the judicial affairs committee. “If anything, (the Japanese) think it is not a bad thing. It’s really a custom.”

Ido snatched her own three children after her marriage ended. “Like other parents, I left a note so the other parent knew where the children were and understood that they were in a safe place.”

Morness holds out hope that Kawabata may change her mind and bring Max back. That would seem to be the best outcome for everyone.

But that rarely seems to happen. Like Morness, Richmond teacher Murray Wood spent thousands of dollars trying to get his son and daughter back. His son, who is now an adult, returned to Canada earlier this year after spending nine years in Japan. His daughter remains in Japan.

(Wood’s story is one of five documented in a film called From The Shadows, which is being screened Sunday at 2 p.m. at the Roundhouse at 1181 Seymour Street in Vancouver.) Morness worries every day about Max. But since September and around the time of the arrest warrant being issued, Kawabata agreed to resume Max’s Skype calls with his father.

Morness says the calls seem to be made at Starbucks and the connection isn’t great. The calls are often brief, ending abruptly when he asks questions like whether Max wants to come home.

Morness also isn’t certain whether his son is in school.

Even though Max has only been gone for three months, Morness has noticed that his little boy’s English is more heavily accented than before and the phrasing is a bit off. That’s another huge concern, he says, because English is the only language Morness speaks.

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Parental Kidnapping – Now a Global Issue


May 27, 2013

Source: Boston Herald

On International Missing Children’s Day, marked May 25th, we remembered the thousands of missing children and the parents who grieve and plead for help. Since 2008, more than 7,000 American children have been abducted to a foreign country — not by a stranger, but by their other parent.

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Such children are at risk of serious emotional and psychological problems and may experience anxiety, eating problems, nightmares, mood swings, sleep disturbances, aggressive behavior, resentment, guilt and fearfulness.

Members of Congress have seen the lopsided battles our constituents face to bring their children home from a foreign jurisdiction. Michael Elias, a combat-injured Iraqi veteran from New Jersey, has not held his children since 2008, when his ex-wife used her Japanese consulate connections to abduct Jade and Michael Jr. in violation of New Jersey court orders. Japan has refused to return the children or prosecute the abductor.

Elias told Congress, “All my hopes and dreams for their future now lie in the hands of others. … I am begging our government to help not only my family, but hundreds of other heartbroken families as well, to demand the return of our American children who are being held in Japan.”

Colin Bower’s children, Noor and Ramsay, were abducted from their home in Boston to Egypt nearly four years ago by their mother — who had lost custody because of her drug use and psychological problems. The Egyptian government facilitated the abduction by issuing fraudulent Egyptian passports, providing passage on the government-owned airline, and by shielding the mother, who comes from a well-connected family, from any accountability or responsibility.

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At a recent hearing Bower noted the billions of dollars in U.S. assistance to Egypt and observed, “Regardless of whatever moral, fiscal, or political balance you use, providing uninterrupted aid to a partner that acts this way is quite simply wrong. If this is American foreign policy, it’s flawed and it isn’t working. We aren’t getting what we pay for.”

Tragically, the Obama administration has limited itself to diplomatic requests for the return of the children. In the words of Bernard Aronson, former assistant secretary of state of inter-American affairs, “a diplomatic request for which there is no real consequence for refusal is simply a sophisticated form of begging.”

It is time for a new approach. That is why we have introduced H.R. 1951, the Sean and David Goldman Child Abduction Prevention and Return Act of 2013, which will give the president powerful tools to motivate a country’s quick response for the return of abducted children.

If a country has 10 or more cases not being resolved in a timely manner, or the judiciary, or law enforcement, or other responsible entity is persistently failing to fulfill their obligations, the president can take action to aggressively advocate for our children’s return — such as denying certain assistance, canceling cultural exchanges, opposing international loans, or extraditing the abductor.

This bill creates the expectation of action — not just words — to bring every American child home. In the words of then-Senator and now Secretary of State John Kerry at the 2012 passage of a Senate resolution calling for the return of the Bower children, we must “remain focused like a laser beam until this father is reunited with his two boys,” and every other abducted American child comes home. We can, and must, do more than talk.

U.S. Rep. Chris Smith (R) represents New Jersey’s 4th District.

 

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Countries around the world honor International Missing Children’s Day on May 25


May 25 , 2013

International Missing Children’s Day on May 25

To commemorate International Missing Children’s Day, law enforcement and non-governmental organisations across four continents are holding events to raise awareness about the need for collaboration and a coordinated response to help protect children from abduction and going missing.

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They are part of the Global Missing Children’s Network – a program of the International Centre for Missing & Exploited Children (ICMEC) – which helps bring attention to the vulnerability of children who are missing and abducted.

It’s a problem facing every country and it needs the attention of law enforcement and government officials around the world.  It is estimated that at least 8 million children worldwide go missing each year or 22,000 a day. Unfortunately, many countries do not view it as a priority and thus don’t have appropriate mechanisms in place to recover missing children who are at high risk of being exploited into trafficking and prostitution. Every country should implement policies and legislation to tackle the issue and protect children’s right to grow up in a safe environment. This will require coordinated efforts between all sectors from law enforcement agencies, government, and non-governmental agencies to private industry.

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It is also important to teach children how to stay safe and inform them of risks they may encounter. To achieve this, adults should take the time to provide children with the tools they need to recognise danger and to talk with them about specific ways to stay safe. ICMEC, through the Global Network, has developed prevention tips to help parents, guardians and other adults discuss safety with children. These tips are available in 10 different languages.

Each year, since 1983, May 25 has been commemorated to remember children who are still missing, children who have been reunited with their families, and to help bring this global issue to the attention of government and society.

 

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‘My daughter was abducted’


April 13, 2013

Source: The Guardian , Kate Hilpern

Two fathers talk about what happened when their daughters were abducted by their mothers and taken abroad

Gary Mulgrew

Gary Mulgrew, whose daughter was abducted by her mother: ‘What if she’s waiting for me and I haven’t come?’ Photograph: Martin Godwin for the Guardian

Aamina Khan’s bedroom is much like any seven-year-old’s. Her wardrobe is filled with clothes, her school uniform is laid out on her bed and her toys sit in a pile in the corner. The only thing that is missing is Aamina. Her father, Safraz, 44, who was awarded custody of her in 2008, has not seen his daughter since September 2011, when her mother fled the country with her.

“It’s the worst thing ever. Aamina was this happy, bubbly, talkative, active, little girl and our bond was so close. Now I just go home to an empty house day after day, not knowing where she is, or if she’s even safe,” says her father, a senior research scientist, who lives in South Croydon.

The number of children abducted and taken abroad by a parent has risen by 88% in just under a decade, according to new government figures. About 270 new cases were reported in 2003-4, while last year there were more than 500 new reported cases. But perhaps most surprising of all is that 70% of these abductors are mothers.

“This has certainly not always been the case, but it’s definitely changing,” says Joanne Orton, advice line co-ordinator for the charity Reunite. “We often see cases where the mother is a foreign national who has come to England, developed a relationship that then falls apart and she wants to go home to the comfort of her family. As Britain becomes increasingly multi-cultural, we can only see this trend increasing, and it can take months, and even years, of going through the courts for the father to see their child again, and even then, they may never succeed. It’s a major problem.”

Safraz met Aamina’s mother Humma, whose family originates from Pakistan, when they had an arranged marriage in 2004. “After we married, she spent more and more time with her own family, who lived about 10 miles away. When she became pregnant, I was overjoyed. I thought it would be our fresh start.”

But when Aamina was born in July 2005, Humma, who is a doctor, took a job 80 miles away. “Her mother went with her to look after Aamina while she worked, and I was invited to bring Aamina home at weekends. It was hard, but at least I saw her, and I became a very interactive father.”

But soon afterwards, Safraz spotted an email on the family computer, showing that Humma had applied for a job in Bermuda. “I was heartbroken and called the employer to say that I’d seek advice from a solicitor if Humma took our daughter.” The company withdrew the job offer, but Humma was angry and things went downhill. “She increasingly lived at her parents, while Aamina mostly stayed with me.”

In 2008, they separated and Safraz was given residency, while Humma got contact rights. But when, in September 2011, Safraz went to collect Aamina from a two-week stay with her mother, no one answered the door.

“The car wasn’t there and I felt sick. I called on Humma’s uncle nearby and he said they’d gone on holiday. I reported her missing to the police, and they discovered she had been taken to Abu Dhabi, then to Lahore. The penny then dropped about Humma’s recent visits to Pakistan. She had been setting up a new life for her and Aamina.”

Since then, Safraz has written more than 1,000 letters and attended countless court hearings in both England and Pakistan. “I’ve got my MEP on board and I’ve been to some horrible places in Pakistan, handing out photos and writing to schools. But still nothing. The police can’t find Aamina. It’s not that I want Aamina taken away from her mother – just that England is her home. She likes rainbows, her school and swimming lessons and she’ll be confused in a country she doesn’t know and where she must surely believe she can never trust anyone again if the main person in her life suddenly disappears from it.”

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The emotional effect of parental abduction on children can be devastating, says Orton. “The child loses trust in the people they should be able to trust the most, and from speaking to parents following a return, it seems that trust is lost not just in the abducting parent, but both parents. That can affect them for life – their self-esteem, their confidence and their expectations of others, causing them all sorts of problems further down the line.”

Unfortunately for fathers such as Safraz, locating children is particularly difficult in countries that are not signatories to the Hague convention, says Orton. “With countries that have signed up – the majority of which are in Europe, as well as Australia, Canada, America and some others – there are procedures in place that can speed things up, although it’s not always smooth even then. But with countries that aren’t signatories, such as Pakistan, Egypt and the United Arab Emirates, children can very easily disappear.”

Another major problem facing fathers is that many feel at a disadvantage within the court system.

Gary Mulgrew, 51, whose 11-year-old daughter was abducted six years ago by her mother and taken to Tunisia (also not a signatory to the Hague convention), says: “The courts are an utter nightmare for fathers. They seem to be predisposed to making things more difficult for them.”

Gary was one of the three millionaire British bankers, known as the NatWest Three or the Enron Three, who were accused of fraud against their former employer NatWest. They ended up in a US jail after losing a high-profile extradition case. Until the case started, Gary lived in Brighton with Laura, his wife of 12 years, their son Calum and daughter Cara Katrina. “But then we started appearing in the newspapers a lot. The stress would put most marriages under strain and especially ones like ours, which wasn’t strong.”

Calum, then eight, chose to live with Gary and while Cara Katrina, who was three, officially lived with her mother, she stayed with Gary most of the time.

“Laura had met this Tunisian guy Abdul, whom she married three months after I was extradited, so she spent most of her time with him. But I started to get worried about her taking the children away with him. She was American and hated living in the UK, only ever having done so because of me, so I took out a prohibitive steps order, which was supposed to prevent her taking the children out of the country without my permission, and I agreed to a large divorce settlement if she agreed to stay in the UK.”

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Then Gary found himself in Houston for four years – curfewed, tagged and eventually imprisoned. “Calum was with my family in the UK. I knew he was safe. But Cara Katrina just disappeared along with Laura. I was in this appalling situation where I was in another country, absolutely helpless and the police in Britain, when I phoned them, just ignored me. The minute you say you’re extradited, they think you’re a criminal and you can hear the change of tone of their voice when you say the abductor is the mother. They think: ‘Oh well, that’s not too bad then.'”

Calum travelled regularly to Houston to see his dad, but Gary felt at a loss when he tried to explain why his mother and sister had vanished. “Laura was always a good mother and even when we divorced she had stated that I was a good father, so it was difficult to understand her rationale. Calum had a few letters from his mother via his school, but there was never a return address.”

Even when Gary’s prison sentence came to an end, he found himself on probation in the UK, unable to travel to look for Cara Katrina. Finally, in April 2010, he got the go-ahead and boarded the first available flight to Tunisia.

“I’ve been back eight or nine times since, trying to find her, but I don’t know where to start and the authorities are useless, here and there. They say that unless I’m prepared to prosecute Laura, they won’t help, but I don’t want that. Who would that help? I’m not even saying that if I found Cara Katrina, I’d bring her home. I have to think about what’s best for her and after six years, I might have to accept that the right thing is for her to stay there. But, as it is, I don’t know if she’s safe, if she’s happy, if she’s educated. I don’t even know if she’s with her mother.”

Calum is now 17. “You can imagine what this has done to him. But we make the most of what we’ve got and have a strong relationship. We don’t talk about it much, but I always buy an extra ticket at the cinema and I encourage people to keep buying Cara Katrina birthday and Christmas presents, which I keep for her, so she knows we’re not giving up on her.”

Last year, Gary got some professional counselling. “Someone said I needed to treat it as a bereavement – not of Cara Katrina, but of the five-year-old Cara Katrina. But the thing about your children is that your love for them is intense, so this doesn’t ever get any easier. In my positive moments, I dream of her being treated well and that Abdul has this big family where she laughs and sings and goes dancing. But the nightmare moments are where I let myself think none of those things might be true and that she’s just waiting for me and I haven’t come.”

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Abducted to Greece: Mom battles to rescue son held in Greece by father


February 18 2013

Source: usatoday

Father ignores legally binding divorce decree when he doesn’t send son back to U.S. after a 2011 visit.

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Alissa Zagaris hopes an international arrest warrant filed against her ex-husband will allow her to get her son Leo, 12, back home from Greece, where he allegedly has been held against his will since August 2011.

INDIANAPOLIS — In June 2011 Alissa Zagaris drove her then-10-year-old son, Leo, from their home in Noblesville, Ind., to Chicago and put him on a plane for Greece — just as she had done four times before.

It was a long-distance visitation arrangement set forth by the couple’s divorce agreement struck in a Hamilton County, Ind., court. Leo would fly over, spend some time with his father, Nikolaos Zagaris, then fly back.

No big deal.

STORY: N.J. father, son adjusting after Brazil abduction drama

STORY: Documentation for traveling in Europe with children

But on this fifth journey, things went wrong when Leo, now 12, did not come home. His father kept him in Greece — despite the legally binding divorce decree that awarded Alissa custody.

Leo soon would become embroiled in a protracted and messy bureaucratic morass that would involve two nations, the FBI, Interpol, the State Department, international treaties, courts on two continents and one angry and heartbroken mom.

Unlike so many other incidents when one parent keeps a child away from the other, this was not a custody case. This was an international abduction. This, authorities ultimately concluded, was kidnapping.

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Nevertheless, prodding authorities in Athens, Washington and Indianapolis to take up her case has been a long, frustrating journey for Zagaris. In December, in a Greek court, Zagaris finally got the chance to tell her side of the story — and she was reunited with her son for a brief, supervised visit.

When she saw Leo for the first time in 19 months, all her fears and anxieties — stemming from his recent comments about hating America — melted away.

“My little boy jumped in my arms,” Zagaris said. “He is this tall on me now (holding a hand up to her shoulder) and he lunged at me and held my hand the whole time. “We sat together on the couch and I just rubbed his skin. His skin is fine like mine. I always rub his back. And look into his eyes.”

The Dec. 13, 2012, visit lasted for about 45 tense minutes as Nickolaos and his mother watched.

‘Left behind moms’ unite

Many of the more than 350 or so friends and followers of Zagaris’ two Facebook pages — her personal page and one she set up to publicize her son’s kidnapping — call themselves “left behind moms” or “left behind parents.”

They are the husbands and wives who fight the same battles Zagaris has fought during the past 19 months.

According to the Bring Sean Home Foundation, founded in 2009 as a support group and resource hub, more than 4,700 American children were abducted outside the United States between 2008 and 2010 by a parent or guardian,

Getting them back is rarely quick and never easy. Zagaris found that out in the fall of 2011 when it became clear to her that her ex-husband had no intention of sending Leo home.

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She contacted the U.S. State Department, office of Consular Affairs, and reported what had happened. They urged her to file an application with the Hague Convention on the Civil Aspects of International Child Abduction — a necessary step in any case that spans international borders.

The Hague Convention, designed to make the process work more smoothly, is contingent on both countries agreeing to its terms — which provide a framework for communicating the facts of a case and agreeing to abide by the laws of both countries.

In other words they need to get along, which can be a sticky situation depending on the state of world affairs.

“Sometimes they cooperate in getting a child back to the country,” said Wendy Osborne, a spokeswoman for the FBI in Indianapolis. “But some countries don’t play by the rules.”

Osborne declined to comment on Zagaris’ case — an agent in Indianapolis is heavily involved and filed the affidavit that led to charges being filed by the U.S. District Court.

But Osborne said the FBI is involved in hundreds of cases like this across the country.

“At one time I was working on six myself, involving Mexico, Syria, other countries, all at the same time,” Osborne said. “And these are very difficult cases because they are so emotional.”

According to the Bring Sean Home Foundation, children abducted abroad are often traumatized, losing contact with a parent and finding themselves in unfamiliar surroundings, forced to live in a country where they may not know the language or the culture.

Leo, does not speak Greek, Zagaris said. And despite assurances that he would be enrolled in an English-speaking school, she suspects that has never happened. Experts also say abducted children are often told lies about the other parent or guardian and the country from which they came.

Love, marriage, violence

A younger “Nick” and Alissa met in 2000 when he was a weekend waiter at a Greek restaurant, and she, a nutritionist and caterer by trade, was a manager. One thing led to another.

“It was mainly a physical relationship,” she said. “I had no intention of getting serious. But then, lo and behold, I’m pregnant.”

Attempts to reach Nickolaos Zagaris through his attorney for this story were unsuccessful.

Alissa said Nickolaos, a Greek citizen, was looking for a way to stay in America. He had come to the U.S. on a student visa and studied at the University of Indianapolis. But that visa had expired.

Not long after their wedding in July 2000, Leo was born. Zagaris said things changed once the pressures of parental responsibility set in.

“Nick changed,” she said. “Before that it was just me and him. The day Leo was born, everything changed.” As the baby grew, Zagaris said, Nick grew physically abusive toward her. In 2008, Nick was arrested and charged in Hamilton County with domestic battery and felony strangulation. Before he would stand trial on those charges, he fled to Greece.

Zagaris filed and was granted a divorce (without her husband present) in Hamilton County. The court granted custody of Leo to his mom. Despite the charges pending against him, the court allowed for a clause in the divorce decree that not only gave Nick visitation rights, but guaranteed visits to Greece.

In exchange, Nick Zagaris would maintain child support payments and put $5,000 into an account controlled by his attorney as a sort of “insurance clause” that he would have to give to his ex-wife should he ever fail to return Leo in a timely fashion.

According to the State Department, Zagaris was lucky her ex-husband had not taken their son to a non-compliant nation such as Costa Rica, Guatemala, Argentina, Brazil, Mexico, France or Poland — countries on the State Department’s “enforcement concerns” list when it comes to child issues.

Greece, however, is known as a country that works well with other countries.

She had other facts in her favor. Nick was not only a fugitive from a felony charge in Hamilton County, he was violating a court-ordered divorce agreement that specifically gave her custody.

The Greek courts set a hearing date for April 6, 2012.

During the delay, Zagaris also filed charges against Nick in Hamilton County, based on the violation of the custodial agreement. Hamilton County issued a warrant for his arrest.

She wrote a letter to Secretary of State Hillary Clinton, pleading for the White House to do something to help.

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Not much happened.

“I used to be a very clear, organized thinker,” Zagaris said. “But I’ve lost my mind.

“There is a very high suicide rate with our kind. It’s very hard. We have to fight through every obstacle, every hurdle just to get our cases taken seriously.

“It’s like our children are wrapped up in this diplomatic nightmare.”

The State Department spokesman told The Indianapolis Star on Friday that it is working as quickly as it can.

“The Department of State is aware of the Zagaris case and is providing all appropriate assistance,” the spokesman said. “We will continue to monitor the case and the welfare of the child through close coordination with the U.S. Embassy in Athens and the Greek Central Authority for the Hague Abduction Convention.”

A final dagger?

With two legal victories in Greek courts, Zagaris was counting the days when she could bring her son back.

But on Jan. 9, the State Department sent Zagaris an email saying that the Greek Central Authority told U.S. officials that because of “recent judicial strikes” in Greece a final and formal decision could take up to two years to be published.

After that, her ex-husband would have 30 days to file yet another appeal, with the Greek supreme court, the email said. Another appeal would mean another long delay.

However, the State Department told her that it was working with Greek officials who seem to be willing to move forward with returning Leo to Indiana despite any future appeal … “and will be in touch as soon as the situation is clarified.”

Zagaris was stunned.

“It’s just back and forth, back and forth,” she said. “I’m frustrated. I’ve won the right twice now from Greece. I’ve got the acknowledgments from the courts.

“It’s been 19 months.”

While all this was happening, Zagaris said she received an angry phone call from her ex-husband. According to an FBI affidavit, Nick Zagaris threatened to “take (him) to the United Arab Emirates” — a nation not part of the Hague Convention.

Not long after that call, an FBI special agent filed the paperwork and U.S. Magistrate Judge Tim Baker signed the formal federal charges against Nikolaos Zagaris for international parental kidnapping.

Those charges have been filed with Interpol, the international police community comprising 190 countries, including Greece. Greek authorities now (or soon) will have the authority to simply arrest him on those charges.

But now all Zagaris can do is wait for the words that will finally end a mother’s nightmare.

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The Most Dangerous Kidnappers: Parents


January 28, 2013

Source: Abcnews

Despite what seems to have been a rash of children abducted by strangers last year, there aren’t any more than normal, and vastly greater numbers of children are kidnapped by their own parents and relatives — and those cases rarely generate headlines.

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Stranger abductions make up the smallest percentage of children reported missing every year. The National Center for Missing and Exploited Children believes that stranger abductions are decreasing overall and projects that there will be approximately 100 of these kind of cases by the end of this year.

According to statistics cited by the NCMEC, most missing children are abducted by relatives or parents: a soon-to-be released report, the Second National Incidence Studies of Missing, Abducted, Runaway, and Thrownaway Children, referred to as NISMART-2, finds that 203,900 kids were abducted in 1999 by family members or parents. Approximately, 58,200 were “non-family” abductions — only 115 were defined as the frightening kidnappings by strangers.

Parental kidnappings do not spark media attention — and the sense of urgency from law enforcement officials — that the disappearance of 14-year-old Elizabeth Smart, the kidnapping and slaying of 5-year-old Samantha Runnion and this month’s abduction and rescue of two California teenagers attracted.

Experts say there is a perception among the public and law enforcement that children kidnapped by their parents are not endangered. After all, figures from the Department of Justice’s Office of Juvenile and Delinquency Prevention show that only 4 percent of children abducted by their parents are physically harmed.

“I think there’s a perception with people that, ‘Oh, since they’re with a parent no harm will come to the child,'” said Nancy Hammer, director of the International Division of the National Center for Missing and Exploited Children. “And also since it involves two parents and family, it seems to be a messy situation. It doesn’t seem as black and white as if a child was abducted by a stranger. It’s taken a while, but progress has been made in making these abductions crimes, felonies. But they can lack the sense of urgency in the public and law enforcement reserved for other cases.”

A Very Lucky Recovery

Tracy and Robert Morse had to fight those perceptions when their children were abducted. In December 1996, three of Robert Morse’s children from a previous marriage were kidnapped by their biological, non-custodial mother when they got off the bus at school.

Abducted_Children_USA

“There’s this perception in the public and among law enforcement, that when children are abducted by their parents that they’re safe, and that just isn’t true,” said Tracy Morse, co-founder of American Parental Abductions Resource & Support Organization — APART for short. “These children are separated from everything they know and love, they are forced to live a life of a fugitive, constantly on the run, separated from their identity and their schooling interrupted and often told their left behind parents don’t care about them.

“When my husband’s children were kidnapped by his ex-wife, she pulled up at school and made a big scene at school and everything,” Morse continued. “People who saw her take the children, they just thought, ‘Oh, it’s a domestic thing. We shouldn’t interfere.'”

Tracy and Robert Morse spent more than more than two years trying to find their children and only got a break in their search when the children’s mother remarried and sparked the suspicion of her new in-laws and their relatives. One of her new husband’s relatives went on the Web site for the National Center for Missing and Exploited Children, saw the faces of the three children and contacted NCMEC officials. The children were recovered and reunited with the Morses in March 1999.

“The kids were a mess, in really bad shape,” said Tracy Morse. “But we were very, very lucky.”

Following their children’s recovery, the Morses founded APART to give parents a resource to both prepare themselves and their children for family abductions and give them guidance as to what to do during those situations. “Left Behind” parents spent so much time trying to figure out what to do when their children are abducted by an ex-spouse or family member, valuable time is wasted. Abductor parents easily flee amid the confusion and shock.

A Mother’s Desperate 28-Year Quest

One woman who wishes she had the Morses’ good luck and perhaps could have benefited from APART when her son was abducted is Marianne Malky.

Malky, founder of Voice for the Children, a Florida-based organization that helps locate and recover missing children, has been searching for her son David for 28 years. Malky said David, then 7 years old, was taken by his non-custodial father, Stephan Shipenberg, during a court-ordered weekend visit in 1974. Shipenberg, she said, called her and told her that she would never see David again.

Malky, who lived in New Jersey at the time, went to Shipenberg’s job at American Airlines in New York City and was told he had quit. She found out he had moved from his Manhattan apartment and ultimately tracked him and David at a new address as they drove away in a station wagon. As she pounded on the car window, that was the last time she saw her son.

Recover_Abducted_Child

Since then, Malky has had little progress in finding David, and she said she has received little help from law enforcement. She was so anxious to get her son back and track him down that she did not file a missing person’s report in New Jersey when he was first abducted. When she tried to file one year later, she was told too much time had passed.

“There isn’t any finding your kids unless you do everything yourself. You basically have to do everything,” Malky said. “No one [from law enforcement] really wants to get involved. ‘It’s too complicated,’ they say. ‘It’s a domestic problem.’ You’re told you need custody papers or you need to go to an attorney to get custodial papers, but what you need are [private] investigators. Custody papers don’t find missing children; investigators do.”

At one time, she said, she received a tip that David was attending grammar school under another last name “Kaplan” and contacted officials. However, by the time she made it to the school, administrators had contacted Shipenberg and he had retrieved David. She has learned that her son attended middle school and high school in Oyster Bay, N.Y., but she says the schools refused to give her access to his records. She also learned that he was in the Navy, but officials would not release any records because of privacy laws.

“In the United States, it’s very difficult to find them [abducted children and abductor parents] because they change their name,” Malky said. “It’s very difficult if you don’t know what their name is.”

Frustration of ‘Left Behind’ Parents

Malky said she has received tips and help from people who believe they have spotted Shipenberg and David over the years. However, she said her quest has cost her hundreds of thousands of dollars and frustrated — experiences commonly shared “left behind” parents.

“You end up broke and physically and emotionally drained,” Malky said. “But I was — am still — determined.”

And lack of resources is an obstacle for parents in family abduction cases. Not everyone has the money to hire private investigators and communication firms to print fliers for their missing children. Often, as time passes and money dwindles, parents are forced to accept that they may never see their children again.

“Unless you really keep the pressure on police, really harass them, you won’t get the updates that you want on your case, and it’ll fall on the bottom of the pile,” said Morse. “You have to turn to private investigators but not everyone has those kind of resources.”

Malky said she never saw David’s abduction coming. His father never made any previous threats, and they had civil discussions about the custody and visitation arrangements.

“I didn’t see this coming. Usually they tell you that they’re going to take your child. I was never told,” said Malky. “But I tell you, all these cases are premeditated. They know where they’re going to go, where they’re going to hide.”

• Family Abduction Safeguards and Warning Signs? Read Below

AMBER Needed for Parental Abductions

New wireless child safety tracking devices have been developed that enable parents to trace the whereabouts of their children. The lightweight devices integrate digital technology from the Department of Defense’s Global Positioning System satellites to pinpoint children’s locations, and many child advocates believe they could prevent child abductions or at least help recover kidnapped children.

Abducted_Children_Mexico

Still, more needs to be done. Experts say parental abduction victims need a program similar to the AMBER alert system, which was credited with helping law enforcement officials to rescue two California teenagers approximately 12 hours after they were abducted at gunpoint, and save an infant abducted from an Abilene, Texas, parking lot last week. Parental abductees have little, if any chance, of being considered for the AMBER alert system because the children’s lives are not considered endangered in most cases.

“The AMBER alert system is great, and they need to develop one for family abductions,” said Morse.

More may also need to be done in the courts when parents are trying to reach an agreement on visitation and custodial rights. Sometimes the early signs of a family abduction manifest during legal negotiations.

“The first instance or signs that people may abduct their children are likely seen in court,” said Hammer. “Maybe if more court officials are trained to pay more attention to certain risk factors, they can identify which child may be at risk and take action and fully inform parents what they face, what will happen if they do abduct their child.”

Child advocates also argue that there should be more severe punishment for parental child abductors — or at least they should be prosecuted to the law’s fullest extent. Stephen Fagan pleaded guilty in 1999 to kidnapping his two daughters, telling them their mother was dead and living under an assumed name for 20 years. He avoided jail time by agreeing to a deal that gave him five years’ probation, a $100,000 fine and 2,000 hours of community service.

Barry and Judith Smiley kidnapped a baby after an attempted adoption of the infant was ruled invalid, and they lived for 22 years under an assumed name, raising the boy they called Matthew Propp as their own son. They avoided trial and possibly 25 years by agreeing to plead guilty to second-degree kidnapping in June. Barry Smiley received a two-to-six-year sentence while his wife Judith was sentenced to a six-month prison term and five years’ probation.

These plea deals, child advocates argue, make would-be parental abductors believe that they would not be risking anything if they kidnapped their children.

White House Weighing In

Many left-behind parents have complained that custody orders have not been readily enforceable when they locate a missing child. Often, they have had to hire two attorneys — one for each state — if the abducting parent has traveled to another state. As the filings go through the court system, the abducting parent may flee the state again without a trace, leaving the wronged parent back where they started, not knowing the whereabouts of a missing child.

According to the Department of Justice, California is the only state that requires district attorneys to take whatever civil remedies and criminal prosecutorial measures necessary to locate and recover children abducted by family members and to enforce child custody orders. In July 1997, the National Council of Commissioners of Uniform State Laws approved the Uniform Child-Custody Jurisdiction and Enforcement Act, which contains a similar mandate. As of February 2001, 21 states had enacted UCCJEA, and it had been introduced to the legislatures in 10 other states.

Some change may begin with attention from the White House. President Bush has announced the White House would hold a first-ever conference on missing, exploited and runaway children in September. Held in conjunction with the Department of Justice’s Office of Juvenile and Delinquency Prevention, the conference will focus on the prevention of child victimization, improving law enforcement policies for handling crimes against children, stranger abductions, and domestic and international parental kidnapping, among other topics.

‘Never an End’

Despite the time that has passed, and the fact that her son is now approaching his mid-30s, Marianne Malky is willing to do whatever it takes to find him. She said she plans to file lawsuits against the schools she suspects David has attended to force them to release his records.

If Malky finds her son, there is a possibility that he will not accept her. It happened to Barbara Kurth, the ex-wife of Stephen Fagan, when authorities tracked him down and prosecuted him for kidnapping. Even after learning that that their mother was not dead and that their father had lied to them for 20 years, Kurth’s daughters stayed by Fagan’s side. Afterwards, Fagan said he abducted the daughters because Kurth was neglecting them and abused alcohol, a claim she denied.

Still, knowing this, Malky remains determined.

“I know he has been told that I don’t care about him, that I don’t love him, but I’m not giving up,” Malky said. “Hopefully, I will win. … The feeling that I and many parents of children who have been abducted is not unlike those whose children have been killed, except that we never have an end. There’s never an end until you find your child.”

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United States – Parental Child Abduction Statistics 2012


January 25, 2013

Source: U.S State Dept.

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Unreported cases of abduction are forecasted to be between 100% and 125% of reported cases. These cases continue to increase due to a flux of immigration migration and both documented (legal) and undocumented (illegal) residents not being aware that they can turn to their government for assistance.

2012 Outgoing case statistics

2012 Incoming case statistics

2011 Outgoing case statistics

2011 Incoming case statistics 

2010 Outgoing case statistics

2010 Incoming case statistics

2012 report on compliance with the 1980 Hague convention on the civil aspects of international child abduction

United Kingdom: 

New figures reveal that the number of parental child abduction cases dealt with by the Foreign Office has risen by 88% in under a decade.

In the last year alone the Foreign Office’s Child Abduction Section fielded an average of four calls per day to its specialist advice line, more than half of which were new cases .

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The Foreign Office says that that the statistics could be just the tip of the iceberg because many cases go unreported as parents seek custody of their children through foreign courts.

Research commissioned by the Foreign Office shows that half the UK population believes the government can intervene to order the return of a child to the UK if he or she has been abducted by a parent. However, the reality is that whilst help is available, parental child abduction cases can take years to resolve.

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Law Firm backs new international child abduction campaign -“Latest child abduction figures come as no surprise.


January 17, 2013

Source:bournemouthchamber.org.uk

A NEW campaign highlighting a big rise in the number of children abducted and taken abroad by an estranged parent has been backed by Chamber members Ellis Jones Solicitors. A total of 512 cases involving 84 different countries were reported to British authorities in 2011/2012, according to data from the Foreign & Commonwealth Office (FCO). That compares with 272 in 51 countries in 2003/2004, an increase of 88 per cent in eight years.

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It is illegal for a parent to take a child overseas without permission from others with parental responsibility. However 24 per cent of Britons are unaware it is a crime, according to separate FCO research. The research revealed that although 74 per cent of people thought fathers were most likely to abduct their children, statistics from the charity Reunite International suggested 70 per cent of their cases concerned mothers taking a child.

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The FCO has now launched a national campaign to highlight the issue. Katie Taft, a solicitor with Ellis Jones who specialises in child abduction work, said the national increase in cases was borne out by her own experiences.
The Dorset and New Forest law firm is a member of the International Child Abduction and Contact Unit specialist panel and a recognised expert, regularly representing both mothers and fathers to secure the prompt return of their child or children.

Katie said: “We’ve seen an increased workload over the last few years which is to be expected given the rise in the number of families with parents who originate from different countries. Therefore, the latest FCO figures really come as no surprise. Currently we’re handing a number of cases of this nature across the South of England. “Child abduction causes a huge amount of distress and we welcome the FCO’s decision to launch a national campaign to highlight the issue.

“It’s important that this subject is kept in the public spotlight and that parents think twice before causing significant distress to their children, and other members of the family, by even contemplating abducting a child,” Katie added.

Parents, or those with parental responsibility, who fear their child has been or is at risk of being abducted can contact Katie or Sean McNally on 01202 636223. Alternatively the International Child Abduction and Contact Unit can be reached on 020 7911 7047/7045 from 10am to 4pm.

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Research – Parental Child Abduction


January 16, 2013

Source: Victims Of Violence 

INTRODUCTION

It is estimated that a child goes missing every 9 minutes in Canada. When we think of child abduction, we often picture a stranger snatching our child as they walk home from school. However, the majority of child abductions are committed by someone the child knows and, in many cases, the abductor is a parent. There were 237 parental abductions in 2009, compared to 50 stranger abductions. Parental Abduction is defined as, “the wilful taking of a child with the intent of depriving the other parent, guardian or any other person having lawful care and charge of that child of the possession of that child.”(RCMP). This may at first seem like a benign form of abduction, but it is important to realize that parental abduction is a crime and can have a serious impact on the left-behind parent, the family, and the abducted child.

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MOTIVES FOR PARENTAL ABDUCTION

Parents may abduct their children for several different reasons. A common motive is for revenge and as a power play. These parents believe that they have not been treated fairly in a custody battle and may feel misrepresented in court. They will take their child both to hurt the other parent, and simply to assert that they are capable of doing so. Some parents abduct their child out of fear for the child’s safety. This is common in cases where a spouse, usually the wife, is abused by her partner. She will usually take her child to protect him or her from abuse. Shares custody parents may fear that their child is subject to neglect and endangerment when with the other parent.

PROFILE OF ABDUCTORS

There are a number of factors that may contribute to parental abduction including; socioeconomic status, psychological and sociological issues, the relationship between the parent and the child, and the child’s age. The following is a list of characteristics that theRCMP have complied in an attempt to create a general overview of the common parent abductor:

  • Both mother and father are equally likely to abduct their child. Mothers tend to do so after a court order while fathers tend to abduct the child before the court order is made.
  • Mothers tend to keep their abducted child longer than fathers. But most parental abductions are short and are resolved in about 7 days.
  • Parent abductors tend to be between the ages of 28 and 40.
  • Although socio-economic factors vary from case to case, fathers tend to be employed and mothers tend not to be.
  • Most abducted children are young, between the ages of 3 and 7. Children who are taken out of the country are usually older, over 8 years of age.
  • Male and female children are equally likely to be abducted.
  • Children are usually abducted from the home, and abductions usually take place during weekends or holidays (summer, Christmas break, March break.).
  • Various modes of transportation are used and accomplices (commonly other family members or a current partner) are used in about 50% of the cases.
  • Physical or sexual abuse is not common and only occurs in a very small percentage of these abductions.
  • Most ‘left-behind’ parents report the abduction immediately; however some will delay reporting the incident.

Although each case has different circumstances, this general profile provides police with information that will help them to locate and recover the missing child.

ABDUCTION LAWS

Parental Abduction is a criminal offence, and can be found under section 283(1) in the Criminal Code which states:

Everyone who, being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, takes, entices away, conceals, detains, receives or harbours that person, whether or not there is a custody order in relation to that person made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of the possession of that person, is guilty of

  1. an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
  2. an offence punishable on summary conviction.

There are two exceptions to this section:

  1. No one can be found guilty of the abduction offence (under sections 281 to 283) if they are able to establish that there was consent by the parent, guardian or other person having lawful possession, care or charge of that young person.
  2. No one can be found guilty of an offence under sections 280 to 283 if the court is satisfied that the abduction of the young person was “… necessary to protect the young person from danger of imminent harm or if the person charged with the offence was escaping from danger of imminent harm.”

Importantly, a parent who abducts their child cannot make a defence by claiming that the child consented to or suggested the abduction.

Section 282(2) pertains to abduction in contravention of the custody provisions set out in a custody order and is essentially the same as what has been set out in section 283(1). However, if an individual is not proven guilty under Section 282, they can still be found guilty under Section 283(1).

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INTERNATIONAL CHILD ABDUCTIONS

International child abductions involve either a parent abducting their child and taking them out of the country, or a parent in another country who prevents the child from returning home to the other parent. Revenge is often a strong motive behind this type of abduction, and the abducting parent will often try to turn the child against the other parent by convincing him/her that the other parent does not care for or love them. If you are worried that your child’s other parent may take him/her out of the country, you may notify a local passport office to have your child’s name placed on the passport control list which will put officials on alert (you need to provide certain documentation to do this). If your child is a dual-citizen, however, this may not be sufficient. The media can have either a mixed influence in abduction cases. Media attention may assist in fuelling the international search for a missing child, or it may cause the abducting parent to go into hiding.

THE HAGUE CONVENTION

Over 30 years ago, the international community recognized the need for a program to ensure cooperation between countries as a way to resolve and prevent international parental abduction cases. Canada was the second country to ratify this Convention which came into effect on December 1, 1983. The Hague convention has two objectives. The first is to ensure the prompt return of an abducted child to his/her home country and the second objective is to ensure that the rights of custody/ access to the child under the law of one contracting state are respected in the other contracting states.

The Hague convention may be applicable if:

  1. The child was a resident of Canada immediately before the abduction
  2. The wrongful abduction was in breach of rights of custody/access to the child
  3. At the time of the abduction, the convention applied between Canada and the country to which the abducted child was taken.
  4. The child is under 16 years of age.

If the convention applies to the country (or area of the country) to which a child has been taken, authorities can provide a parent with the appropriate paperwork. The Canadian central authority will forward the documents to the foreign central authority that will then pass them along to the local judicial authority. If the child will not be returned voluntarily, a court hearing may take place. If all conditions are met and no exceptions apply, the foreign court will order the return of the child.

There are some exceptions to the Hague convention:

  • The accused parent is able to prove that the other parent consented to the child’s removal/ later acquiesced to it or was not exercising custody rights when the child was abducted/ retained.
  • The child may be at risk of physical or psychological harm or be placed in an intolerable situation if returned.
  • The child objects to being returned and is old enough and mature enough to have his/her opinion taken into account.

There are no costs associated with The Hague Convention application process; however there may be costs associated with the legal proceedings and travel costs.

There are currently 80 countries who have signed the Hague convention: Albania, Argentina, Armenia, Australia, Austria, Bahamas, Belarus, Belgium, Belize, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Canada, Chile, China (Hong Kong), China (Macao), Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Estonia, Fiji, Finland, France, FYR of Macedonia, Georgia, Germany, Greece, Guatemala, Honduras, Hungary, Iceland, Ireland, Israel, Italy, Latvia, Lithuania, Luxembourg, Malta, Mauritius, Mexico, Moldova, Monaco, Netherlands, New Zealand, Nicaragua, Norway, Panama, Paraguay, Peru, Poland, Portugal, Romania, Saint Kitts and Nevis, San Marino, Serbia, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Thailand, Trinidad and Tobago, Turkey, Turkmenistan, Ukraine, United Kingdom, Uruguay, USA, Uzbekistan, Venezuela, and Zimbabwe.

Note: In some countries, the Hague Convention pertains to only certain provinces, states, or territories of the country.

Trafficking-Children-Stop

EFFECTS ON THE VICTIMS

The Left-Behind Family

The first thing that the left-behind family experiences is shock and disbelief. They cannot believe that their loved one has been taken away by a fellow family member. Panic as to the whereabouts of the child and how to get proper assistance will cause both the left-behind parent and any left-behind siblings to experience serious emotional distress.

The left-behind parent often has an incredibly difficult time maintaining work commitments while searching for their child. Feelings of anger, resentment, fear, anxiety, despair, loneliness, and guilt are common emotions. Most left-behind parents also suffer from disturbances in sleep patterns, loss of appetite, and severe depression. The emotional turmoil might also manifest in physical symptoms such as re-occurring headaches and nausea. And in some situations, the parent may turn to drugs or alcohol to handle the pain.

Any left-behind siblings also experience the pain of the loss of their brother/sister. Like the left-behind parents, the siblings also experience a variety of emotions and physical ailments. Since their parent is so focused on the return of the kidnapped child, the other children may feel neglected and develop hostile feelings towards the kidnapped child for taking all of the attention.

The Abducted Child

Despite the fact that the abducted child is with their parent or guardian, the experience can be terrifying and cause long-term damage. Often these children will live the life of a fugitive; dragged around by their parent from place to place in an effort to avoid authorities. The distress of suddenly losing friends and family and having to deal with constantly changing environments is an incredibly stressful experience. Even when the child is safely returned he/she will still be affected by the experience. A fear of abandonment and loss of trust are common issues for children who have been kidnapped by a parent. They may also suffer from depression, loneliness, excessive fearfulness, helplessness and anger. There are a number of mental disorders that are commonly associated with parental child abductions such as separation anxiety disorder, ADHDPTSD, eating disorders, learning disabilities and conduct disorder. As the experience of abduction can have such a traumatic effect on the child, it is important that the parent or guardian get the child proper help as soon as he or she is returned.

HELPFUL TIPS

One of the most important things a parent can do to help avoid parental abduction is to remain on good terms with the other parent and try to remain on good terms with the child’s other grandparents. If you expect that your child is at risk of abduction, make sure to talk to him or her. Explain how the custody situation works, teach them how to use the phone (especially 911 and long distance), make sure that your children know that you love them, and listen to them – information they provide may be your first clue. Keep track of what they wear on a daily basis. Keep records of all important information and store it in a safe place that is unknown or inaccessible to the other parent. As indicated earlier, it is also possible to add your child to the passport control list.

If your child is abducted by the other parent, get in touch with local authorities immediately. Provide them with any information you have and limit access to your home until law enforcement has collected any possible evidence. Contact the birth certificate office to block any application for a birth certificate by the abducting parent (you will need specific documentation to do this). Contact any search organizations such as Child Find and register your child as missing. If you plan to go to the media, ask the police for help and advice on the best way to do so. Most importantly, take care of yourself and your family, you need to be strong for your child and any other children left behind.

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