NSU Law Professor Recognized by U.S. Department of State

August 29 , 2014

Source: PRnewswire.com

Tim Arcaro recognized for his efforts in assisting parents of abducted children.

FORT LAUDERDALE–DAVIE, Fla., Aug. 25, 2014 /PRNewswire/ — NSU Shepard Broad Law Center Professor and Associate Dean Tim Arcaro, J.D., has been formally recognized by the U.S. Department of State for his work on the Hague Convention Attorney Network. Arcaro’s work involved representing parents attempting to recover children who have been internationally parentally abducted from South Florida, or who may be targets of international parental abduction.

Beth Payne, director, Office of Children’s Issues, United States Central Authority for the Hague Convention on Civil Aspects of International Child Abduction issued a certificate of appreciation thanking Dean Arcaro for generously donating his legal services in assisting parents and for contributing to the effective operation of the Hague Convention in the United States. Arcaro also received commendations from Patricia Hoff, legal assistance coordinator for the U.S. State Department, Bureau of Consular Affairs, U.S. Central Authority for the Hague Convention on Civil Aspects of International Child Abduction.

“Dean Arcaro’s participation in the Hague Convention Attorney Network underscores his commitment to addressing this fundamental human rights issue and to the South Florida community,” said Jon Garon, JD., dean of NSU’s Law Center. “Parental abduction is a growing issue in the U.S. and there is a tremendous need for attorneys with training and commitment similar to Tim’s. I applaud him and each of our faculty members here at the Law Center who give of themselves in service to our community. Tim’s work reflects the fundamental values our faculty, student, and staff embrace at NSU and the Shepard Broad Law Center.”

The Department of State’s Office of Children’s Issues actively seeks lawyers who are willing to participate and assist parents involved in international family law and child abduction cases. By joining the Department of State’s Hague Convention Attorney Network, attorneys provide the critical assistance necessary to navigate through the legal system with a view toward obtaining the return of the child and, in a proper case, to make arrangements for organizing or securing the effective exercise of rights of access. More information on the program can be obtained by visiting http://bit.ly/1wmRwjJ .

Arcaro is a graduate of the Thomas M. Cooley Law School. He has been admitted to the Florida and Pennsylvania bars, as well as the United States District Court for the Middle District of Pennsylvania.

Arcaro has been a member of the Law Center’s faculty since 1994. After serving as a clinical instructor in the Civil Law Clinic, he was appointed Director of the Children and Family Law Clinic in 1998. He became director of the Master of Science in Health Law Program in 2003, and served in that capacity until being appointed director of the Master of Science in Education Law Program in 2005. Professor Arcaro teaches both online and on-site courses, including Administrative Law, Professional Responsibility, International Human Rights, and Immigration Law.

Arcaro has lectured extensively on professional responsibility, domestic violence, child advocacy, and developing clinical legal education programs. In addition to memberships in local, state and national bar associations, Arcaro also maintains professional memberships in numerous legal, clinical and educational associations, such as the Education Law Association, International Society for Technology in Education, National Institute of Trial Advocacy, and the Association of American Law Schools Clinical Legal Education section. He has served on the Florida Legal Aid Corporation’s Executive Board of Directors, the [Florida] Governor’s Task Force on Domestic Violence, and the Florida Coalition against Domestic Violence Legal Clearinghouse. Arcaro has received many awards in recognition of his service to both colleagues and the community, among them: the 2007 Faculty Professionalism Award from the Florida Bar Standing Committee on Professionalism; Pro Bono Lawyer of the Year, from the Broward County Guardian Ad Litem Program; Pro Bono Law Firm of the Year, from the Broward Legal Aid Service, Inc.; and Pro Bono Recognition from the Broward Lawyers Care (Broward County Bar Association).

About the Shepard Broad Law Center: Nova Southeastern University’s Law Center offers a rigorous traditional academic program in three-year day and four-year evening versions, as well as dual-degree programs. Additionally, NSU Law offers three online Master of Science degrees in law in the areas of education, employment, and health. NSU Law prides itself on preparing graduates to make a smooth transition from the classroom to the courtroom or boardroom. Lawyering Skills and Values (LSV)-Every student completes a four-semester LSV sequence that combines traditional legal reasoning, writing, and research with an introduction to lawyer interviewing, counseling, negotiating, mediating, advocating, and other critical skills in a simulated law firm experience. For more information please visit http://www.nsulaw.nova.edu/

About Nova Southeastern University: Situated on 314 beautiful acres in Ft. Lauderdale, Florida, Nova Southeastern University (NSU) is a dynamic fully accredited research institution dedicated to providing high-quality educational programs at all levels.  NSU is a not-for-profit independent institution with 27,000 students. NSU awards associate’s, bachelor’s, master’s, specialist, doctoral and first-professional degrees in a wide range of fields. NSU is classified as a research university with “high research activity” by the Carnegie Foundation for the Advancement of Teaching, and it is one of only 37 universities nationwide to also be awarded Carnegie’s Community Engagement Classification. For more information, please visit www.nova.edu.  Celebrating 50 years

 

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Long Valley father struggles to bring son home to the U.S.

August 29 , 2014

Source: dailyrecord.com

With a new school year just around the corner, Long Valley resident Paul Eksteen would like to be wishes he were looking forward to attending his 9-year-old son’s football games or greeting him when he gets off the bus in the afternoon.

Instead, Eksteen the Long Valley resident can only look forward to a continuing battle to bring his son, Keanu Eksteen, an American a U.S. citizen, back to America. the U.S. so he can resume his education at the Cuchinella School in Washington Township and start playing sports again.

Keanu was taken to Paraguay by his mother, Rosita Berdichevsky, a citizen of that country, on Nov. 2, against the wishes of his father and in defiance of an civil court Oct. 31 order issued on Oct. 31 by Morris County state Superior Court family division Judge Maryann L. Nergaard in Morristown.

The custody battle between the two has many complicating factors, including a domestic violence complaint against the 51-year-old Berdichevsky filed after over an incident involving Eksteen, her ex-husband, at his home in 2013.

Morris County has been the locale scene of several high-profile international child custody disputes, including one involving a Mendham Township man whose wife spirited their children to Uzbekistan and another involving a Nigerian man who hid his two daughters in that African republic nation while his wife, a Dover resident, obtained court orders for return of the girls.

Before Berdichevsky left the country, the judge issued a court order that stated the mother was ordered her to appear on Nov. 13 to explain why her ex-husband should not be given full custody of their son. The judge also barred her from taking Keanu out of the country.

The order stated, “Defendant is ordered to surrender passport of the parties’ child Keanu Eksteen (born Jan. 23, 2005) to her attorney, John Brady, Esq. at 689 Washington St., third floor, Hackettstown, NJ, no later than 9 a.m. on Nov. 1, 2013.”

In addition, the order stated, “Defendant is restrained from removing Keanu Eksteen from the United States until further order of the court.”

Eksteen delivered the order to the Hackettstown office of Berdichevsky’s lawyer, John Brady office, and Brady who said he relayed the information to Berdichevsky on Nov. 1 and scheduled a meeting with her for the following week. Brady said he ad

vised her that she was not to leave the country under any circumstances and that a warrant would be issued for her arrest if she traveled outside the state and did not appear for her court hearing which was scheduled for the following week.

Berdichevsky did not make that meeting; she had left the country with Keanu. and did not make the meeting that had been scheduled with Brady.

In addition, because she missed a court appearance in connection with the domestic violence charges, Washington Township police issued a warrant for her Berdichevsky’s arrest was issued by Washington Township police.

Berdichevsky, is a citizen of Paraguay who had been living in Long Valley on a visa for the last three years, She said in a telephone interview from Paraguay that she will not return with the threat of arrest hanging over her head.

Eksteen was born in South Africa and became a U.S. citizen earlier this year. He and Berdichevsky were married in Paraguay in 2002 and moved to the United States, where their son was born. In 2008, the couple divorced in Paraguay. At that time, no formal custody arrangements were assigned, according to Eksteen.

Eksteen said the boy remained with his mother, who lived in Paraguay and Florida and denied Eksteen access to his son at various times before she returned to New Jersey to live in Long Valley, where she remained was for the last three years, according to Eksteen.

He said his ex-wife’s visa was close to expiring and he had a feeling that she would try to return to Paraguay with their son. so He filed a motion in Morris County Family Court to prevent her from doing so.

Hoping to watch his son play football the morning of Nov. 2, Eksteen said he experienced had a sinking feeling on the morning of Nov. 2 when his son did not show up for a football game.

“I had a feeling that something was very wrong, even the night before when I spoke with my son over the phone. He said he had hurt his leg and might not be playing football the next day — but his voice didn’t sound right,” Eksteen said.

After returning to his home to look for his son that morning, Eksteen contacted the Washington Township Police Department and reported that his son had been kidnapped. The local police then contacted the Morris County Prosecutor’s Office.

According to the a Washington Township police report dated Nov. 3, Sgt. Brian Szymanski contacted Brady’s law firm and was advised that the firm said it had been in contact with Berdichevsky on Nov. 1 but she refused on Nov. 1 to surrender her son’s passport.

Szymanski also stated in the report that Cpl. David Marut was sent went to Berdichevsky’s residence home at 35 Squire Hill Road in Long Valley and determined that the contents of the apartment had been packed up and she was not there, according to the report.

Szymanski said he was then advised by an assistant prosecutor to report the child as a missing person which he did.

He said An all-points bulletin was issued with for Berdichevsky, ‘s personal and vehicle information and New Jersey registration. In addition and the Port Authority Police Department was contacted and given details about the case and possible destinations.

Szymanski said in the report that he received a return phone call from Port Authority police informed m Szymanski that Berdichevsky and her son had boarded TAM AIR Flight number 8083, to Brazil, which was scheduled to arrive in Sao Paulo, Brazil, at 7:20 p.m. ET on Nov. 2, Port Authority police told Szymanski.

According to Eksteen said he has done everything he has been asked to do, including retaining an attorney and supplying the U.S. State Department with every piece of all the information it has requested.

“All I want is to hold my son again. He is my life,” Eksteen said.

Eksteen said he has been able to talk to Keanu his son via videoconference on his phone, but he is worried that worries his son is not getting adequate care and is living in a dangerous environment.

His ex-wife said the boy eats well and is attending a private school. According to Eksteen, A relative of Rosita’s Berdichevsky’s is paying the tuition, Eksteen said.

Eksteen contacted the U.S. State Department of State In early November, the State Department advised Eksteen and was informed that he could apply to seek a remedy under the Hague Convention on the Civil Aspects of International Child Abduction, which he did.

The U.S. and Paraguay in 2008 entered into a partnership under the treaty, which provides an avenue of recourse when a child has been wrongfully taken to Paraguay. – which establishes a legal framework that is an avenue of recourse when a child has been wrongfully retained in Paraguay.

In a communication dated Nov. 5, 2013, from Jeff Dawkins, Office of Children’s Issues, U.S. State Department, A foreign court reviewing a Hague application is likely to look at the custodial rights as they existed at the time of removal, a State Department official told Eksteen.

Eksteen said that during the three years before Berdichevsky’s departure, when living in Long Valley for the last three years, his son spent half his time with his mother and half of the time with him.

Berdichevsky said that while living in Long Valley, Berdichevsky said she worked as a housekeeper and cook.

Eksteen owns Long Valley Auto Works, a repair shop.

“His mother put him on the bus in the morning, and every day after school we spent time together and during football season – at his games. He also spent every weekend with me,” Eksteen said.

In an e-mail dated Aug. 11, Elizabeth Finan, a spokesperson for the Bureau of Consular Affairs Press Office, stated that it is the bureau’s policy not to said the bureau doesn’t discuss the specifics of individual cases with members of the media but they are it is aware of the case and providing all possible assistance.

In general, Finan said that international parental child abduction is a crime under the laws of the United States and many foreign countries. In some cases, an abducting parent may be charged with a federal crime under the International Parental Kidnapping Crime Act, she said.

In an email to Eksteen, Michael A. Goldschmidt, country officer for with the Office of Children’s Issues for the State Department, said that Keanu’s case file is at the office of the judge presiding over the matter in is awaiting action from a judge in Paraguay and awaiting his judgment on what should happen next.

Parsippany-based family law expert Bari Weinberger, who is not connected to the Eksteen case but has experience in international child custody disputes, said Paraguay could honor a New Jersey court order requiring the boy be returned to the United States but it also could determine that the boy now is domiciled in that country and that it they have has jurisdiction over the matter.

“If Paraguay is honorable to the Hague pact, the reality is they need to give full faith and credit to (the New Jersey) court order and surrender that child,” Weinberger said.

In the Morris County case involving the Mendham Township man whose wife took their children to Uzbekistan, a judge made multiple rulings ruled repeatedly that New Jersey had jurisdiction and ordered the wife to return the children. But the court orders were ignored until the ex-couple made private arrangements for the children to visit with their father in America.

In the Nigerian case, the husband, Longy Anyanwu, ignored a judicial order to produce his daughters and was kept in the Morris County Jail for nearly five years on a contempt of court charge.

A judge ultimately appointed a special master of Nigerian ethnicity, who promptly traveled overseas and found one daughter living with her uncle in Lagos. The second daughter had died of an intestinal disorder in the country. The Morris County judge had a teleconference with the daughter, who clarified said that she wished to remain living in Nigeria with her father’s relatives.

Eksteen said that during the last 10 months his case has been passed along, and his frustration is mounting.

“I would do anything for my son,” Eksteen he said. “I just miss him so much. I look at all of his toys, and they just sit there idle. I wish I could make breakfast for him and spend time with him. This is just killing me.”

 

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N.J. mom step closer to reunion after Obama signs law about international child abduction

August 9 , 2014

Source: nj.com

The last time Bindu Philips saw her twin boys was in 2012 when she traveled to India for a mediation hearing — but only for a few minutes. For nearly six years, she has been embroiled in an international custody battle with her now ex-husband over their boys, now 13.

Her ordeal could come to an end soon after President Obama signed into law Friday legislation that authorizes the State Department to take increasingly forceful measures against any country that does not help return an American child illegally held there.

“I’m longing to see my children,” the Plainsboro mom, 43, said today. “I really hope I will be reunited with them soon.”

The Sean and David Goldman International Child Abduction Prevention and Return Act is inspired by a Tinton Falls father whose son was kept in Brazil by his wife and her parents for more than five years.

“The Goldman Act works to right the terrible wrong of international child abduction, end the enormous pain and suffering endured by separated children and parents and force the federal government to act to bring abducted children home,” said U.S. Rep. Chris Smith (R-4th Dist.), who sponsored the bill. “Left-behind parents will now have tangible support and backing from their federal government.”

Philips’ ex-husband, Sunil Jacob, took the family on a sudden vacation to India in December 2008. He separated the children from her and kept them from seeing her parents. After three weeks, he enrolled them in a school without her knowledge. The principal let her talk with them twice a week, but when Jacob learned of this, he transferred them to another school.

She returned home to the U.S. after a few months and has continued to fight for them ever since. He denies her all contact; efforts to send them messages and motherly advice via a website were shut down by an Indian court order.

“The abductor plans everything so well that the left-behind parent really gets taken by surprise,” Philips said, who fears that Jacob has brainwashed her sons into thinking that she abandoned them. “They make the children turn against a parent who really loves them.”

The thought that she could finally be reunited with them gives her a renewed energy to face each day.

 

 

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

August 9 , 2014

Source: Leicester-mercury

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

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

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

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

 

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

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

All three have UK passports.

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

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

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

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

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

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

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

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

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

 

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Goldman Act bolsters fight for return of abducted children

August 5, 2014

Source: The Hub

Capt. Paul Toland (from left), whose daughter was kidnapped in Japan; Bindu Philips, of Plainsboro, whose two sons were abducted to India; and David Goldman, whose son was abducted to Brazil and returned after a five-year ordeal, joined Rep. Chris Smith in calling for passage of the Goldman Act to help families who have been victimized by international abductions.

A bill empowering the U.S. State Department to aggressively pursue the return of internationally abducted children is headed to the president’s desk after being approved by Congress.

The Sean and David Goldman International Child Abduction Prevention and Return Act, the fourth bill of its kind introduced by U.S. Rep. Chris Smith (R-4), was drafted after Smith became involved with David Goldman’s fight to be reunited with his son, Sean.

According to Jeff Sagnip, the congressman’s press secretary, Goldman’s wife absconded with Sean from the family’s Tinton Falls home in June 2004, bringing him to Brazil when he was 4 years old without seeking custody of Sean or legally divorcing Goldman in a U.S. court.

She subsequently died in childbirth, Sagnip said, and the Brazilian government held that her partner at the time of her death should maintain custody of Sean.

Brazil is a signatory of the Hague Convention on the Civil Aspects of International Child Abduction, but chose to ignore the policies outlined by the international agreement, Sagnip said.

“Previously, the State Department would say ‘… There’s nothing that we can do,” Sagnip said. “[For a parent] trying to get a foreign court to award custody, it’s very difficult and returns are rare.”

The Sean and David Goldman Act (H.R. 3212) would allow U.S. embassies to apply pressure in incremental phases to dissuade governments from ignoring international law and sheltering abductors.

“[This bill] provides a series of tools which vary in their severity, from mild to strong,” Sagnip said. “The State Department is able to start with a little pressure and then build the pressure [on foreign governments refusing to return abducted American children to their homes.]”

Those tools include a private diplomatic protest called a demarche, a public condemnation of the foreign government, the withholding of economic aid and, eventually, demands for the extradition of the abductor.

Goldman, who was reunited with his son after five years of heavy investment both financial and emotional, said the passage of the bill provides hope for parents facing the same struggle he did.

“It was a long road, nearly five years, thanks to a tremendous effort of Congressman Smith and his staff,” Goldman said. “It was a great thing to do. It was the right thing to do. It’s another step closer to reuniting families. Next step: the White House.”

For victims of international child abduction and their parents, Smith said the Sean and David Goldman Act represents a shift in U.S. policy that will benefit separated family members.

“Many children and parents have tragically lost years separated from each other in violation of U.S. and international law,” Smith said. “They have missed birthdays, holidays, and family time that they can never get back. H.R. 3212 ensures that they will now receive significant help from the U.S. government in their fight to recover their children.”

According to Sagnip, the bill allows the State Department to use the leverage already at its disposal in international abduction cases — leverage that is invaluable to an individual parent who only has so many resources to expend.

“How can a parent in Rutherford, New Jersey … fight a battle that’s halfway across the world? How do they pay for it?” Sagnip said. “It’s a tremendous expense, it’s a tremendous undertaking, and this [bill] puts the State Department in their corner.”

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When Your Ex Emigrates With Your Children

August 4 , 2014

Source: separated dads

The modern world is getting smaller, with more and more people living and working abroad.

It’s no surprise that the number of international families is on the increase but what happens to the kids when these relationships break down and the mother wishes to return to their home country with the child? What rights does the father have?

Your Rights

If both parents have parental responsibility for a child it is a criminal offence in the UK to emigrate with a child without the permission of the other parent or without an order of the Court. Parents have Parental Responsibility for children in the following circumstances:

1. The Mother – always has PR
2. The Father – if he was married to the Mother, or if he was named on the birth certificate and the child was born after 1st December 2003 or if there is a PR agreement stamped by the Court

Outcomes

There are 4 outcomes if one parent wants to take the child abroad to live permanently:-

1. Permission refused by the Court and the Mother abandons her plans or the child moves to live with the Father
2. The Mother and child emigrate with the Father’sagreement
3. Lawful removal of the child by the Mother
4. Unlawful removal of the child by the Mother

Outcome 1 is self-explanatory but let’s looks at the other 3 outcomes in more detail:

Outcome 2 – Emigrate with Father’s Agreement

Where the parents reach an agreement which permits one parent to move abroad with the child whist ensuring that they maintain a good relationship with the other parent. International travel is much cheaper and often parents agree a schedule of annual contact involving return trips to the UK in the school holidays and weekends and visits by the non-resident parent to the child’s new home. Other forms of contact can be agreed upon such as Skype, telephone, email and Face time.

 

In these circumstances it is always wise to apply to the Court to request an order in the agreed terms to prevent any problems further down the line. A court order may also be required by the immigration authorities if the proposed move is by a non-national who requires a Visa. Depending upon the Country where the child is going to be residing, it may be necessary to obtain a mirror order in the new state reflecting the terms of the English Court order. You cannot assume that Court Orders made here are enforceable abroad. If the move is to an EU country the order would be directly enforceable but unless the English court order expressly retains jurisdiction, it will pass to the new state after 3 months and in theory an application could be made in the new state to vary the agreed terms. If the new home is a signatory to the Hague Convention, the Central Authority in London can assist in enforcing a contact order abroad. If the new home is outside the EU and is not a signatory to the Hague Convention, for example Arab States and the Far East, retaining jurisdiction here or obtaining a mirror order is the best form of protection.

Outcome 3 – Lawful Removal of Child

Where parents cannot agree it is necessary for the parent wishing to remove the child to apply to the Court for permission to do so. If permission is granted, contact will also be ordered. This will then result in the lawful removal of the child. Depending on the child’s destination and whether that country would enforce the English Court order (as in EU Countries) it may be necessary to obtain a mirror order in the new home country to ensure contact is maintained. See above ” 2 .Agreement”

Outcome 4 – Unlawful Removal of Child

Where parents cannot agree and the parent wishing to leave simply takes the child without permission, this is parental child abduction. It is a criminal offence to remove a child from the UK without the permission of the other parent or order of the court (save for where the parent has a residence order and removal is for less than 28 days). If you suspect that your child has been taken abroad you will need to access specialist legal advice immediately. In some cases it is possible to stop a child leaving the country by notifying the ports and airports who will place the child’s details on a watch list. If the child has already left the UK, a lot will depend upon where they have gone and whether that country has an agreement with the UK to return wrongfully removed children. There are unfortunately circumstances where children are not returned which could result in the child losing its relationship with the other parent.

If you are separated from your child’s mother and these issues arise for you it is important that you obtain specialist advice from a family lawyer with an international background which will enable you to consider the best way forward for you and for your child to ensure your relationship is maintained.

About the Author

This was a guest post written by Louise Halford, a family law Partner at Pannone LLP who specialises in child abduction.

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Parental Child Abduction – International Child Recovery Services

ABP World Group International Child Recovery Service

The goal of ABP World Group international child recovery services is to locate, negotiate and recover your missing child. We can dispatch personnel to most locations in the world; we specialize in locating missing children up to ages 18. Areas of expertise: Parental abduction, Missing children, Kidnappings, Runaway children and Counseling.

Unfortunately in this day and time parental kidnapping happens and we are here to help you trough this difficult period. We are aware parental child abduction can be difficult to resolve, but we use professional operatives with the skills and expertise to help find a resolution.

We also provide:

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UK-Russia child abduction still a problem but new law may help

August 1 , 2014

Source: spearswms.com

 

 

With more and more Russians heading to the UK, it’s important to take into account the newly amended Hague Convention on international child abduction. But the UK government still fails to do enough for aggrieved parents

 

 The wheels of international law turn slowly. On 1 October 2011, Russia became the 86th signatory of the Hague Convention of October 1980 on the Civil Aspects of International Child Abduction. However, it was only in June last year that the UK recognised Russia’s accession under its own domestic legislation.

With a significant Russian presence in the UK and with an increasing trend of Russian parents placing their children in UK schools, it is important for Russians either coming to the UK or returning to Russia to understand the effect of this recent development.

Research conducted by the Foreign Office suggests that half the UK population think that when a child is abducted it is the responsibility of the government of the country where the child lived to seek and return the child. The stark reality is that little government help is provided and it is up to the parent, at a time of great emotional distress, to instruct a lawyer and pursue recourse via a private application through the court system.

Pictured above: Gentlemen about to discuss the first Hague Convention in 1899, which regulated conduct during warfare.

The convention harmonises the resources from country to country to ensure that children who have been removed from one signatory country to another can be located, apprehended and returned to their parent or guardian in their country of habitual residence, to minimise distress and harm to the child.

Without the convention and the reciprocal legal framework it provides between countries, the return of children can prove more time consuming, costly and ultimately distressing for the child.

Article 3 of the convention states that a child is abducted where:

A) The child habitually resides a country that is a signatory to the convention. The actual nationality of the child or parents is unlikely to be significant in most abduction cases.

B) The child is removed abroad or is being detained there without the permission of their legal guardian in breach of that person’s custody rights.

C) The child is under sixteen years old.

The reality is that harmonising international law is seldom straightforward and the convention is no different. One such difficulty is that the implementation of the convention from state to state can differ in significant ways. Indeed, Hague can conflict with domestic laws.

For example, in Russia, children can be taken abroad by one parent without written permission from the other but that would be considered a crime in many signatory countries of the convention.

Thus a paradox may be created where a child could be taken from Russia to England by one parent without the consent of the other, but as Russia is now a signatory to the convention, a child who is habitually resident in England but who is taken without consent to Russia would be required to be returned by the Russian authorities to the UK.

It is uncontroversial to say that some signatories are more willing to deploy resources to a child abduction incident that others. Russia, has not fared particularly well in this regard historically.

Last year the European Court of Human Rights decreed that Russia had breached a mother’s human rights under Article 8 (which includes a right for a parent to have measures taken by national authorities to reunite them with their children from whom they have been separated) because it took the authorities three years to reunite the boy with his mother.

Conversely, the first British/Russian convention case was settled in November last year; the Russian courts ordered the return of five- and seven-year old boys to their habitual residence in England after they were taken on holiday to Russia by their Russian father, who then failed to return with them.

The complexities that can arise in child abduction cases, combined with public ignorance of the law regarding the removal of children from a country, and the increasing international demography of the UK, particularly London, makes for a combustible mix of factors.

It is stating the obvious to say that foresight is preferable to an international child abduction battle which can and probably will be emotionally distressing and possibly damaging for the child or children involved. Communication between parents, possibly with legal assistance to clarify parental rights, will be effective to prevent a situation arising where the convention needs to be invoked.

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MALAYSIA Minister backs IGP’s decision to ignore Seremban child abduction

KUALA LUMPUR, April 14 — Datuk Seri Ahmad Zahid Hamidi defended today the police’s decision to ignore the alleged abduction of a boy by his Muslim convert father in Seremban, saying it was the Home Ministry’s “official stand” not to intervene.

“What has been mentioned by the IGP… that is the official stand by KDN,” he said at a press conference after speaking at the Putrajaya Forum 2014 here, referring to his ministry by its Malay initials.

Ahmad Zahid was asked to comment on criticisms against Inspector-General of Police (IGP) Tan Sri Khalid Abu Bakar who had last week said the police would not act on an abduction complaint against Izwan Abdullah because the latter was granted custody rights over his child by the Shariah Court.

Izwan, a Muslim convert previously known as N. Viran, had reportedly made off with his six-year-old son last Wednesday, two days after the Seremban High Court granted full custody of the boy and his nine-year-old sister to his estranged Hindu wife.

The court had awarded custody to S. Deepa, 30, as her marriage to Izwan, 31, in 2004 was a civil union and did not come under shariah law.

Despite a 2009 Cabinet prohibition of unilateral child conversions, Izwan made both his children embrace Islam last year, and later used their conversions as grounds to seek their custody in the Shariah Court.

It is understood that Izwan, a former lorry driver who currently works for an Islamic NGO called Yayasan Kasih Sayang, had converted both their children in April last year without Deepa’s consent.

Deepa, who filed for divorce and custody of the children in December last year, has been estranged from her husband since 2011.

The case is another in a series of inter-faith custody battles that highlight the complexities of Malaysia’s parallel civil and Shariah legal systems.

Legal experts have insisted that despite the conflicting decisions by the civil and shariah courts, the police’s refusal to act against Izwan’s alleged abduction of his son would only encourage more such cases in the future.

Source: http://www.themalaymailonline.com/malaysia/article/minister-backs-igps-decision-to-ignore-seremban-child-abduction

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