Flight from Dulles to Beijing forced to return due to attempted kidnapping


September 5 , 2014

Source: Myfox / ABC News

An international flight, an apparent kidnapping and an unknowing plane full of passengers made for a bizarre scenario Thursday that unfolded 35,000 feet above the ground.

It should have been a routine flight for 180 passengers bound for Beijing Thursday; little did they know they were in the middle of a custody dispute.

The United Airlines flight departed Virginia’s Dulles International Airport at 12:39 p.m. When it reached Canadian air space, the FBI ordered the Boeing 777 back to Virginia after learning a kidnapping suspect was on board.

Flight 897 landed back at Dulles five hours after its departure.

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Once at the gate, passenger Lane Bailey says the pilot made an announcement; the incident stemmed from a child custody investigation. According to law enforcement sources, a child was traveling with his mother.

The child’s father, an American citizen, alerted the FBI fearing the mother was taking the child to China with no plans of returning.

At the airport, the mother was taken into police custody on attempted kidnapping charges. The child was returned safely to his father.

The ordeal soon started to make sense to the passengers onboard.

“The pilot came on board and said we were experiencing mechanical problems,” Bailey said. “After they left, the pilot came back on and said that he deliberately mislead us, he thought that, in his judgment that it was the best thing to do, given the circumstances of potential abduction that that’s the reason we had diverted.”

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The child’s mother, who was arrested on Thursday at Dulles, is expected in court later today.

Had the plane landed in Canada or China and had the FBI, not intervened, the incident may have turned into a protracted international custody battle.

In 2009, David Goldman’s case drew worldwide attention after his son Sean was taken by his then-wife to Brazil.

After a five year legal battle, Goldman gained custody of his then nine-year-old.

Updates from CNN:

The Federal Bureau of Investigation had received an alert that a mother on that flight was allegedly taking her child out of the country illegally, an FBI spokesman told CNN.

Upon the flight’s return “the flight was met by law enforcement including FBI agents and three individuals were removed from the plane to include a grandmother, mother and child,” FBI spokesman Andrew Ames confirmed, via email.

“The mother was taken into custody on suspicion of committing an international parental kidnapping and the child was reunited with the father. The grandmother was not detained.”

The criminal complaint charges that Wenjing Liu, also known as Linda Liu, unlawfully attempted “to remove a child from the United States with intent to obstruct the lawful exercise of parental rights.”

After separating and starting divorce proceedings in 2013, Liu and William J. Ruifrok III were awarded joint custody of their 4-year-old son, who was born in China and is a dual U.S.-Chinese citizen, the complaint stated. The 2014 custody agreement doesn’t allow either party to travel outside of the United States without “express written and notarized consent of the other party, provided in advance of the trip,” according to the complaint.

In an interview with law enforcement after being removed from the flight, Liu admitted violating the custody order by removing her son from the United States without his father’s consent, according to the complaint.

She made her first appearance in federal court in the Eastern District of Virginia on Friday and has a bond hearing scheduled for Monday.

After the aircraft returned to Dulles, United assigned a new crew due to crew flight time limits, and the flight departed again for Beijing at 7:47 pm ET, the United spokesperson said.

CNN’s initial attempts to reach a representative for Liu were not successful.

It’s a federal crime in the United States for parents to take or attempt to take their children out of the United States or keep them out of the country to obstruct another parent’s custodial rights. But while federal authorities may prosecute one parent, they can’t necessarily return a child who is already outside the country to the other parent.

About one quarter of the 1,800 to 2,000 annual missing children reports received by the National Center for Missing and Exploited Children are for international parental abductions, according to Maureen Heads, a supervisor in the center’s missing children division.

The U.S. Department of State tries to return kidnapped children through negotiation, sometimes made easier if the other country is also a signatory to the Hague Convention on the Civil Aspects of International Parental Child Abduction. The United States and more than 70 other countries have signed the convention, but it only applies if both countries involved are signatories.

“That leaves many countries where there is no partner” for the United States to negotiate with, said Heads. “It can be a real challenge at times for parents.”

China is not a signatory to the convention, which Heads said could have made it harder for the father in the United Airlines case to get his child back.

 

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Thailand/UK The Abducted Children Are Brought Back To their British Father


August 22 , 2014

Source: Pattaya Smart

The two British-Thai Children who were abducted a while ago are now returned to their british father Robert Day.

We will update this article soon

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Read the full update here: Phuketgazzette

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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.

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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.

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“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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Goldman Act bolsters fight for return of abducted children


August 5, 2014

Source: The Hub

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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.

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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.

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“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?

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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.

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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:

• Executive protection
• Close protection high or low profile
• Surveillance
• Investigation
• Security consulting
• Medical services
• Anti kidnap logistics and planning
• Abducted and missing children recovery
• Missing person investigations
• Panic room / Safe room construction
• Risk Management

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


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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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Parental Child Abduction – Every other day a child is abducted in any of the Nordic countries.


March 11 , 2014

ABP World Group Child Recovery Services

Every other day a child is abducted in any of the Nordic countries. We read about it in the newspapers,
on social media and all too often the criticism of our government agencies is hard.

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Frequently the authorities takes a position of a “guarding species”, referring to the police,  prosecutor and international agreements such as  the Hague Convention. If the country, to which the child has been abducted, has signed international agreements there is at least a chance to get the child back, but at a considerable cost.

Significant sums are spent on attorneys’ fees , travels and time. It’s not uncommon that two or three years goes by before you get a result which unfortunately, after all this time, can go in either way.

If there is no signed agreements with the country to which the child has been abducted, the probability of bringing  the child back home with the authorities’ help is nonexistent.

In these cases there are private operators who specializes in assisting the parent, who by court has been awarded custody and from whom the child has been abducted, in actively helping him/her to find a solution. It means that they for example can step in and mediate, coerce or simply locate the child and actively assist the parent in a retraction. What you must always try to achieve is to have the rightful parent physically present in such an action.

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In all cases when it needs to go to this level, preparation and groundwork is extremely important.

The risk of  an intervention to get violent is not an option, all actions must be carried out in a safe and secure manner.

We at ABP World Group is one of several companies in the industry offering such services and with more than 10 years of experience we are the first to lament that there is a market for this. What we can do is to offer an active solution to a problem that unfortunately has a potential to be lifelong.

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Missing Mother, Daughter Found in Virginia; Mother Charged with Parental Child Abduction


February 20, 2014

Source: daggerpress.com

Harford County Sheriff’s detectives have now located the mother and 5 year-old daughter, the subject of an earlier news release, who left their home together on or about January 10, 2014 without telling anyone where they were going causing family members to report the disappearance to police describing the mother’s behavior as “out of character”.

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Amanda Deeann Mitchell, 29, of the 2900 block of Siwanoy Drive in Edgewood, was taken into custody without incident by the Fairfax County (VA) Police Department who advised Harford County Sheriff’s detectives they had also located the child at a local elementary school. Sanaa Bailey, 5, was evaluated and found to be in good health. There were no signs of abuse or neglect. The child will be returned to her biological father. Mitchell has been charged with one count of parental child abduction. She is currently incarcerated in Fairfax County pending an extradition hearing.

Detectives say Mitchell failed to drop the child off for scheduled visitation with the father on January 17th. Family members told police that Amanda has been known to stay in homeless shelters from time to time but her failure to allow visitation with the child’s biological father was atypical behavior. Mitchell has shared custody with the child’s father, Aaron Chester Bailey of Baltimore.

Sheriff’s Detective Tom Walsh said, “She [Amanda] had left the family home with the bare essentials and had taken the child with her”. He further explained that while police fully understood she is a custodial parent, her behavior was out of the norm for how people described her. Walsh would not go into detail as to how Fairfax County PD came to locate Mitchell suffice it to say detectives ran down numerous leads and shared information about Mitchell throughout the region.

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