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.

UK-geo-stub

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.

Katie_Taft_Solicitor
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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Canadian Dad in Poland Trying for Return of Abducted Sons


Source: Fathers and Families

December 12th, 2011 by Robert Franklin, Esq.

The more we see of international child abduction by parents, the less effective the Hague Convention on the Civil Aspects of International Child Abduction seems. 

The Convention is supposed to require signatory countries to return children to their non-abducting parent within 60 days of apprehension.  But the simple fact is that it seldom seems to work.

This may well be another example (Toronto Star, 12/10/11).

Stephen Watkins of Ontario lost his two sons – Alexander, 10 and Christopher, 7 – back in March of 2009.  They were abducted by their non-custodial mother, Edyta Watkins.  Stephen and Edyta were divorced and he had gained primary custody.

Stephen Watkins contends his ex-wife was suffering from post-partum depression and became abusive toward him six months after giving birth to their first child. After a court battle, a judge granted him custody of the children with his ex-wife having access to the boys on weekends.

Then, one Monday morning, his sons’ school called to say the boys hadn’t shown up for class.

A Canada-wide arrest warrant for abduction was issued for their mother, and her name appeared on the RCMP’s most wanted list. York Regional Police allege the mother and children drove into the U.S. and then flew to Germany.

After that, the trail went cold.

So, his first child is now 10 years old.  He was abducted by the mother at age eight.  Her emotional/psychological abuse of Stephen began six months after Alexander was born.

After over two years, he’s finally located them in his ex-wife’s native Poland.  He traveled to Warsaw and visited briefly with his two boys who looked much the same, but behaved very differently than before.

The short encounter was bittersweet.

“When I see my kids, they don’t call me daddy,” said Watkins. “They call me by my first name.” He accused his ex of brainwashing them.

Another article reports it this way (CTV, 12/10/11).

“They looked the same after two-and-a-half years,” Watkins told CTV News Saturday in an interview from Poland. “But they looked very stressed out and they seemed very angry…I can understand it would be very confusing for children.”

In short, the mother, who emotionally abused Watkins badly enough to lose custody and then abducted the children, seems now to be alienating them as well.

Canadian authorities issued an arrest warrant for Edyta Watkins when she first abducted the boys, but Canada and Poland have no extradition treaty, so her criminal wrongdoing will go unpunished as long as she remains in Poland.

That leaves the Hague Convention as Stephen’s only recourse to get his children back and away from their mother who appears to be willing to abuse anyone in her family in order to deprive her ex-husband of his children.  Mental health professionals long ago identified parental child abduction as child abuse, and so it seems here.  After only a few minutes with his boys, Watkins could tell their abduction, separation from him and possible alienation were causing the boys emotional/psychological harm.

But the more we see of the Hague Convention, the more frail a reed it appears on which to rely to protect children from exactly the type of abuse the Watkins boys have experienced.  The Watkins case is a perfect example of one in which the Polish court should immediately order the children returned to their father.  He’s the parent with primary custody and there’s evidence that the mother is less than fit.  Into the bargain, she obviously wants to deny the children a father.

So the case is a slam-dunk win for Stephen Watkins, right?  After all, his is exactly the type of case the Convention is supposed to address.

Not so fast.  In the first place, even if the court issues the right order this Thursday when it hears the case, it’s so far taken no action to prevent the mother from absconding with the children again.  You’d think that would be an obvious thing to do given the known facts of the case, but so far no order has been issued.

And when the court does hear the case, it can always decide that the children have gotten used to their new surroundings and it would therefore not be in their best interests to re-place them in their father’s care.  We’ve seen British courts do that more than once recently under circumstances that made clear that the words “best interests of the child” were just a proxy for pro-mother bias.

What’s to prevent that in the Watkins case?  Nothing that I can see.  Maybe that’s why the title of the CTV article says the children are “in legal limbo.”  Face it, the Convention is clear and Stephen Watkins’ rights are clear; so are his children’s.  The only “legal limbo” is whether the Polish court will enforce those rights.  Or will it fall back on the excuse that the boys have been in Poland for two of their 10 and 7 years and so, in some way, they need to remain there rather than returning to the country in which they’ve spent almost their entire lives?

You wouldn’t think a court could ignore all the obvious reasons to return the children to their father and to their home country, but we’ve seen it done too many times to hold out a lot of hope for Stephen Watkins and his boys.

We’ll see.  So far, the Hague Convention on the Civil Aspects of International Child Abduction seems to be violated by judges almost as often as by parents.

Published by: ABP World Group International Child Recovery Services

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Police seek Holland-area mother, Wendi Carpenter, on parental kidnapping charge


By Staff reports
Holland police are looking for a local woman they say left the state with her two children after she failed to show up on Tuesday for a scheduled transfer of the children to their father.
Wendi Carpenter had the two young children for visitation during the summer but had to transfer the children to their father because of a court order, according to a news release from Holland police. After she didn’t show up to the Holland Department of Public Safety for the transfer, police started an investigation.Based on that investigation, police now believe Carpenter has fled the state with the two children, Luke Carpenter and Cambria Carpenter. Wendi Carpenter is wanted on a warrant for custodial interference authorized by the Ottawa County Prosecutor.She is listed as a practicing psychologist with two different nonprofit counseling groups, Healing Waters and Lakeshore Pure Freedom, both in Zeeland. Police did not release the father’s name.

The mother and children were last known to be in Holland, in the 300 block of Pine Avenue,  around 8 a.m. on Tuesday, police said. The mother and children left in her vehicle, a 2006 Toyota Highlander, police said, but that vehicle has since been located in western Missouri. They might have left that area in a dark-colored SUV.

The Holland Department of Public Safety is asking anyone with information as to the possible location of the mother or children to call the Holland Department of Public Safety Detective Bureau at (616) 355-1150 or Silent Observer at (888) 88-SILENT.

Published by: ABP World Group  Executive Protection
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INTERNATIONAL PARENTAL ABDUCTIONS A GROWING PROBLEM


Source:Weinman & Associates

Of the 1,500 children who were victims of international parental abductions in 2010, less than 600 were recovered and brought back to the United States. The State Department estimates one-third of those children were taken to Mexico by way of border states like Texas.

The government reports a startling number of children abducted by their parents in the last decade – nearly 7,000 between 2000 and 2009. Many of the children are taken during scheduled non-custodial parent visitations and whisked away to a foreign-born parent’s native homeland.

On September 1, Texas will enact a new law making child abductions a state felony, but lawmakers and watchdog groups say it is still too easy for absconding parents with children to get away. Border officials have no nationwide child custody database and airlines are too time-crunched to check passengers carefully.

One former criminal prosecutor and judge said if a child is not intercepted before leaving the country, the chances for the child’s return to the U.S. become slim.

Mexico is one of more than 70 countries that have agreed to abide by Hague Convention’s child abduction rules, insisting that children who are illegally relocated out of a country be returned to their homes. However, legal professionals say international courts get bogged down or distracted by internal conflicts, like the drug war in Mexico, and put child custody matters aside.

Parents caught running with children to a foreign land in violation of custody rules can be imprisoned for three years. Congressional leaders have introduced the International Child Abduction Prevention and Return Act, which could potentially threaten various forms of U.S. assistance to countries that have poor records of helping to retrieve abducted children. Hopefully the government will be able to come up with an effective way to locate and return abducted children to the United States.

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What happens if your ex abducts your child?


By STEWART M. POWELL HOUSTON CHRONICLE  – July 4, 2011, 7:19AM

International parental abductions are on the rise, and many of the children never return

WASHINGTON — For nine gut-wrenching years, Texan Greg Allen has been trying to track down his daughter after her mother absconded to Mexico with the 4-year-old during a rare unsupervised visit after the couple’s contentious divorce.

“When it first happened, I was unable to function,” recalls Allen, 42, an electrical engineer and sonar expert doing doctoral research at the University of Texas’ applied research laboratories in Austin. “I went from being a single parent whose whole life revolved around raising my daughter to being a left-behind parent whose purpose in life was gone.”

Last year, at least 1,500 children were unlawfully taken to foreign countries by a parent who had been living in the United States, including children who were taken even while a parent was serving in the U.S. armed forces in Iraq or Afghanistan. Only 578 abducted children were returned to the United States.

Many of the children – roughly one-third – ended up in Mexico because of the parent’s ties to extended family or Mexico’s proximity.

International parental abductions are “sharply on the rise,” cautions the State Department’s top official on the issue, Ambassador Susan Jacobs. “When an international border is involved, an already tragic situation for the children and left-behind parents is infinitely compounded.”

Congress’ investigative Government Accountability Office has documented at least 6,966 cases of international parental abduction over the decade ending in 2009, most by foreign-born parents returning to their country of birth.

Yet, as Allen learned only too late, chronic ambiguities routinely enable parents to abduct their children and get away with it. Local police rarely take missing child reports arising from custody disputes. Customs and Border Protection agents do not check departing parents or children at airports or border crossings. Fully half of left-behind parents surveyed by the American Bar Association, for example, said ex-partners abducted their children during routine court-approved visits.

No national database

Federal authorities do not maintain a national database of child custody orders from local courts that might help suspicious immigration officers determine the status of a departing child.

Even if the paperwork were available, international airlines routinely have no more than 30 minutes to match a passenger manifest against a missing child report or a court order barring departure.

Abducting parents can face up to three years in prison for taking their child to a foreign country “with the intent to obstruct a parent’s custodial rights.”

A Texas law taking effect Sept. 1 makes the abduction a state felony, as well.

“The reality is, once an abducting parent gets a kid to the departure gate, they’re gone,” says Rep. Ted Poe, R-Humble, a former criminal court judge and prosecutor who has been working for more than five years to help Houston resident Marty Pate recover his daughter Nicole from Brazil. “Once a child leaves the United States, it’s very, very difficult to get them back.”

Allen miraculously spied his daughter Sabrina in Mexico City in 2003 and subsequently visited her school to talk with her teacher. But the girl and her mother, Dara Marie Llorens, fled and have not been seen since.

Even in the 71 nations such as Mexico that have signed the 1980 Hague Convention on child abduction, local court proceedings can drag on. The accord is designed to speed repatriation of abducted children under the age of 16 to their “country of habitual residence” to resume court-ordered child custody arrangements.

But court proceedings often get sidetracked, particularly in Mexican states engulfed by the drug wars such as San Luis Potosí and Tamaulipas.

“We have judges who are afraid to do anything,” says attorney Pamela Brown of Texas Rio Grande Legal Aid in Weslaco, who handles about 20 international child abduction cases a year to and from Mexico. “Judges are terrified that the taking parent might have ties to the cartels so they won’t step in.”

Adds Allen: “With a civil war going on down there, child abduction is just not a high priority.”

Read the rest of the article here: http://www.chron.com/disp/story.mpl/chronicle/7638140.html#ixzz1R96U7CM5

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Dads warned to look out for signs of parental child abduction


30 JUNE 2011 – Fatherhoodinstitute.org

Dads are being advised on how to prevent their children’s mothers abducting them and taking them abroad.

According to a new Government campaign,  every other day a British child is abducted by a parent to a country which has not signed the 1980 Hague Convention on international parental child abduction*.

The latest figures represent a ten per cent increase in new cases handled by the Foreign and Commonwealth Office in 2010/2011 and have been released to mark the launch of the FCO’s child abduction prevention campaign.

Evidence shows that many cases occur around school holidays when a parent refuses to return a child following a visit to the parent’s home country. In most cases these abductions are perpetrated by mothers.

Last year the FCO handled cases in 97 ‘non Hague’ countries ranging from Afghanistan to Zimbabwe. These are countries which have not signed up to the 1980 Hague convention on international parental child abduction and with whom negotiating the return of children to the UK can be extremely complex as there are no international agreements on returning children.

Foreign and Commonwealth Office Minister Jeremy Browne said the campaign will help people become more aware of what they could do if they think their child may be at risk.

“We are very concerned that we continue to see an increase in the number of cases of international parental child abduction. The latest figures suggest the problem affects people from all walks of life and not just certain types of families or particular countries. Finding a solution can be especially difficult if a child has been taken to a non-Hague country as there are no international systems in place to help you. This is why prevention is so important. The FCO will do whatever we can to provide advice and support but our role is limited, not least because we cannot interfere in the laws of another country.”

Sharon Cooke, Advice Line Manager for Reunite International Child Abduction Centre, welcomed the latest advice and said while sometimes there were no warning signs, there are things people could look for which may indicate their child was at risk.

“The most obvious warning sign is a break down in a relationship but other signs may include a sudden interest in getting a passport or copy birth certificate for the child; a parent expressing a wish to holiday alone with the child; a change in circumstances such as leaving employment or redundancy, selling a house or giving up tenancy. There may also be a sudden change in contact arrangements or constant difficulty in being able to see the child,” she said.

“For many people the issue of parental child abduction is something with which they may not have had direct personal contact. There’s often a perception – fuelled by a number of high profile cases – that it’s about fathers abducting their children, however statistics show it is mainly mothers – either intentionally or unintentionally.

Sharon says, “The latest figures show just how widespread this problem has become. Our statistics for January to May 2011 show a 21% increase in the number of abductions to non-Hague States states compared to the same period last year. We have also seen a 21% per cent increase in the number of parents requesting advice on prevention of abduction. This demonstrates there is a need for information on preventative steps that a parent can take and it is essential that we continue to raise awareness of parental child abduction, after all it could happen to anyone.”

“The psychological impact on children can be traumatic and for the left-behind parent, the shock and loss are unbearable, particularly if they don’t know where their child is. Even after they have been found, the fear and pain of not knowing if they will return home is unimaginable.”

“If you are worried your child might be at risk, or if your child has been abducted you can call the Child Abduction Section at the Foreign Office on 0207 008 0878 or http://www.fco.gov.uk or reunite on 0116 2556 234.

*”The 1980 Hague Convention on the Civil Aspects of International Child Abduction is a multi-lateral international treaty the aim of which is the return of a child who has been wrongfully removed or wrongfully retained away from the country where he or she normally lives, so that issues of residence (which parent a child should live with), relocation (which country a child should live in) and contact (access) can be decided by the courts of that country. “All cases that come under the Hague Convention are dealt with by one of the three Central Authorities in the UK (the International Child Abduction and Contact Unit covers England and Wales and there are two separate bodies for Scotland and Northern Ireland). To find out which countries are part of this Convention, visit http://www.hcch.net/index_en.php?act=conventions.status&cid=24

**Top 5 non-Hague countries with the largest number of new parental child abductions in 2010/11

Country 2009/2010 2010/2011

All non-Hague countries 146 161

Pakistan 24 21

Thailand 13 13

India 14 9

Algeria 0 9

Malaysia 6 7

Further information on parental child abduction can be found at: www.fco.gov.uk/en/travel-and-living-abroad/when-things-go-wrong/child-abduction.

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