Ireland – 2 children abducted by parents each week

September 13 , 2014

Source: Irishexaminer

At least two children a week were abducted by parents taking them in or out of Ireland last year.

Some 109 new abductions were logged with the Irish Central Authority for International Child Abduction during the year, involving 64 children taken out of Ireland and 45 brought here.

There were also 99 new applications involving access and other legal proceedings relating to children at the centre of transnational custody disputes, meaning the total number of new files received rose by 42%.

In addition, there were 138 cases on hand from previous years, meaning a total of 346 cases — the highest-ever handled by the Central Authority which is part of the Department of Justice.

Justice Minister Frances Fitzgerald said parental child abduction was a growing problem globally. “Ireland is no different and it is important that we are proactive in working with central authorities in other states in resolving complaints regarding international parental child abductions where they arise,” said Ms Fitzgerald.

As with previous years, a large proportion (49%) of the new applications related to children taken to or from Britain and the North; while 9% involved Germany; 7% Poland; 18% other European countries; and 16% the US.

The remaining 9% involved countries further afield, including Australia, New Zealand, South Africa, Colombia, Thailand, and Sri Lanka.

However, that may not reflect the full scale of child abduction as the Central Authority can only work to resolve cases involving countries that are signatories to the Hague Convention on International Child Abduction. Even where both parents are based in signatory countries, the large number of abduction cases carried over from previous years illustrates the difficulty in resolving them.

Ms Fitzgerald urged estranged parents not to let personal differences become transnational legal battles.

“I would encourage any family to try to resolve their differences before such situations arise and avail of the services available to mediate solutions in the best interest of the children and all those involved,” she said. “The Family Mediation Service is part of the Legal Aid Board and can help families reach agreement without having to resort to court.”

Of the 346 cases processed, 194 related to children taken out of Ireland and in 29 of those it was decided that the children should return to where they had been living.

In 14 of those cases, foreign courts ordered their return and in 15 cases, they were returned voluntarily or an alternative arrangement was agreed by the parents. A further 21 applications were withdrawn and 82 were awaiting resolution by the end of the year.

Of the 152 cases involving children abducted into this country, 74 were unresolved by the end of the year. In 23 cases, it was decided the children should return to where they were living and in 13 of those cases, the return was carried out by consent or voluntarily. A further 21 cases were withdrawn.

See www.legalaid.ie or call the Central Authority for Child Abduction on 01 4790200.

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International Parental Child Abduction – Child Recovery Services, a necessary evil?

January 23, 2014

“We agree with some of the systems governments have in place to prevent and fight these family disputes, they do work on many different levels and in some cases have great results.

We only exist to help those who have been effected by the failures within the system, mainly due to a conflict in laws or procedures from other governments. These flaws can prevent a parent from any access to their children and even lock them out of pursuing a court case.

Desperate parents turn to us only because they have no where else to turn. We find that it is our responsibility to help those who have no one else to turn to. We do our best in helping these families but we are not miracle workers, sometimes we fail due to difficult circumstances but no one can match the numbers of abducted children that we have achieved to bring home safely during the last 12 years.
«After all my years of experience as Worldwide Medical Director for the worlds largest medical assistance company, I found only ABP World Group capable of providing the unique service of non-violent recovery of an abducted child»
It is very difficult to find a company like ABP World that can provide the experience, honesty, integrity, and assets to actually recover an abducted child safely and at a reasonable cost. I hold ABP World in highest regard and recommend them wholeheartedly. The world is simply a better place because of the work they do. – R. Weston

It is understandable that some concerns are raised about parents using a private security firm, the majority of these parents have no other options left except give up their children and be at risk to never seeing them again. In the last 5 years parental abductions have risen dramaticly, the success of Hague applications is only 3-5%, and the actual success of courts enforcing the Hague applications is less.

The tools that are in place are dated and need to be modernized to ensure a fair return of children to their place of origin so parents can mediate and do whats best for the actual victim, the children.

“It is a great misconception that a child abducted by a parentis a safe child” – Martin Waage, ABP World Group

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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.

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 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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International Parental Child Abduction (IPCA) Awareness Month

May 23, 2013

Source: blogs.usembassy

Did you know that May is International Parental Child Abduction (IPCA) Awareness Month?

The Department of State’s Bureau of Consular Affairs is committed to preventing international child abductions. The State Department places the highest priority on the welfare of children who have been abducted across an international border and is encouraging foreign governments to join the U.S. as parties to The Hague Convention on the Civil Aspects of International Child Abduction.

The Hague Abduction Convention is the primary civil law mechanism for parents seeking the return of the children from other treaty partner countries. The Convention does not address who should have custody of the child; it addresses where the custody case should be heard. Today the U.S. is a treaty partner with 70 countries (Hague Abduction countries).

May is also an important month for children because May 25, 2013 is the 30^th annual Missing Children’s Day. The first annual Missing Children’s Day was proclaimed by President Reagan in 1983. Although we remember the plight of missing children particularly on this day, it is important to remember that all year long organizations in the U.S., like the National Center for Missing and Exploited Children (NCMEC), are working to promote children’s rights and protect them. The National Center for Missing & Exploited Childrenopened in 1984 to serve as the nation’s clearinghouse on issues related to missing and sexually exploited children. Today NCMEC is authorized by Congress to perform 19 programs and services to assist law enforcement, families and the professionals who serve them. Organizations like NCMEC and the Department of State’s Bureau of Consular Affairs are both working hard to prevent child abductions and serve the needs of children.

Special Advisor to Children’s Issues Ambassador Susan Jacobs spoke to the US Congress on May 9, 2013 about International Parental Child Abduction (IPCA) Issues. Here is a link to her testimony, as well as the testimony of members of Congress and parents who have been victims of IPCA.

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Parental kidnapping up 50 percent last year

April 13, 2013

Source: The Portugal News

The president of the Portuguese Association for Missing Children (APCD) has revealed that the number of cases of parental kidnapping in Portugal increased last year by 50 percent and described the situation as “worrying” due to a lack of mechanisms that are quick enough to tackle the problem.

 

Speaking to Lusa News Agency Patrícia Cipriano explained that statistics regarding missing children in Portugal and in Europe are “unreliable and not even close to reality” as figures often include several disappearances of the same child.
Because of this situation the APCD began counting the number of disappearances in Portugal.

“We discovered that, in 2012, there was an increase of around 50 percent in the number of cases, for example, of parental abduction (cases where one parent keeps a child from the other)”, Ms. Cipriano said during the inauguration of the association’s new Lisbon headquarters.

This is a matter that “rather worries” the association, because “Portugal does not have mechanisms that are quick enough to deal with this situation”, she stressed.
“We have very serious situations that have nothing to do with the economic crisis, or with the fact there is a marriage then a divorce between people of different nationalities”,

Patrícia Cipriano explained, adding: “what is happening is that people have a feeling of impunity with regard to this type of behaviour.”
Many times, when a father or a mother wants to hurt the other, they will do so by “using their children as instruments”: “We have witnessed situations that are very problematic and sad” and which have had “very serious” consequences for the child, she recalled.

In some cases children had been ‘missing’ from the age of five until 15, and developed “serious symptoms of being very emotionally affected; they have panic attacks, sleep poorly and wet their beds late on.”
“It is sad, essentially, that there are no authorities in Portugal that clearly understand these phenomena”, the head of the APCD lamented.
She further added that there are situations in which “the courts have come to a complete standstill, they can’t resolve it and they don’t act in the child’s best interest, I don’t know if that is because of a lack of training or in some cases just a lack of common sense.”
The new headquarters aim to serve a region in which a growing number of disappearances is registered year-on-year; Lisbon and Vale do Tejo.
It is also open for members of the public to report cases of children being abused or sexually exploited.
Quoting figures from the GNR police, Patrícia Cipriano recalled that in 2012, 251 children under the age of 18 were reported missing in Lisbon and 114 reports of sexual abuse involving minors under the age of 16 were also taken.
On top of that, every year between 1,500 and 2,000 cases of missing children are investigated by the PJ police.
“Evidently, in many cases these incidents are not real disappearances, but occurrences”, Ms. Cirpriano explained, elaborating that if one child runs away from an institution ten times, that counts as ten separate incidents.

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United States – Parental Child Abduction Statistics 2012

January 25, 2013

Source: U.S State Dept.

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 .

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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20 Years Later, Man Wanted in Parental Abduction is Back in St.Thomas

January 22, 2013

Source: AM980

A 51-year-old man is now in custody of St.Thomas Police, 20 years after a warrant was issued for his arrest in connection with an alleged case of parental abduction.

A warrant was issued for Benham Slim back in 1993 after Police say he fled to Beirut, Lebanon with his three little girls – aged 2, 6, and 7 – and had no plans on returning to Canada.

Four years later, in 1997, Slim was arrested at Toronto’s Pearson International Airport, but was released on bail after promising to return the children, and appear before the courts the following year.

Slim did neither, and an additional warrant was issued for his arrest.

In early 2003, 10 years after they disappeared, all three girls were re-united with their mother who had since moved to Texas.

Slim, however, remained at large.

He wasn’t picked up until late October of last year by Police in Detroit where he’s remained in custody while Police in St.Thomas and the Crown Attorney’s office began the extradition process.

Just recently, the 51-year-old waived extradition to Canada and has now arrived back in St.Thomas to face parental abduction charges from 1993, as well as charges related to skipping the country back in 1998.

 

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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.

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.

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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Parental child abductions have ‘risen by 88% in a decade’

December 12, 2012

Source: ITV

• Cases of parental child abduction have risen 88% in just under a decade (2003-2012), the FCO have said.
• 24% of Britons are unaware parental child abduction is a crime.
• The FCO’s child abduction section received an average of four calls a day between October 2011 and September 2012.

• The FCO also pointed out that parents may suffer severe financial difficulties as they fight for custody of their child through foreign courts.
• Further illustrating public misunderstanding, nearly three quarters of those surveyed (74%) thought fathers were more likely to abduct children.

• But, according to statistics from the Reunite International Child Abduction Centre, 70% of the charity’s cases concern mothers taking the child.
• There are skewed opinions over where children were taken – 71% thought parents most commonly abduct their children to the Middle East, India or Pakistan.

A worldwide problem

Parental child abduction – where a parent takes a child without the permission of those with parental responsibility – is now a worldwide issue. In 2003/04 we worked on cases in 51 countries; now cases relate to 84 different countries, showing just how widespread the problem has become.

We also fear that these statistics are just the tip of the iceberg; many cases go unreported as parents seek custody of their children through foreign courts.

Raising awareness

Public understanding of parental child abduction is alarmingly low.

The research we commissioned 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.

The reality is that whilst help is available, parental child abduction cases can take years to resolve. This has significant impact on those concerned and there is the strong possibility that the child may never be returned.

It is also much harder to return a child from a country that has not signed the 1980 Hague Convention, an international agreement between certain countries which aims to ensure the return of a child who has been abducted by a parent.

Legal and financial reality

Despite parental child abduction being against the law, a quarter (24%) of people do not think, or are unaware, that it’s a crime for a parent to take their child overseas without the consent of others with parental responsibility.

When asked which parent they thought was more likely to abduct a child, three quarters (74%) of people thought it was fathers.  Yet according to statistics from the Reunite International Child Abduction Centre, 70% of the charity’s cases concern mothers taking the child.

As well as this emotional distress, both parents may often face severe financial difficulties as they fight for custody of their child through foreign courts. The statistics show that people tend to underestimate just how much getting a child back costs, including legal fees overseas and in the UK which may continue to mount up even after  the child is returned to this country.

There also seems to be a lack of awareness about who pays the costs of resolving a parental child abduction case involving a non-Hague country. Sixty-two per cent either didn’t know or responded with the wrong answer, and only 38% answered correctly by saying it was the parents who would pay, not the UK Government.

The expert view

Daisy Organ, head of the Foreign Offfice Child Abduction Section said:

“The increase in parental child abduction cases is a major cause for concern, particularly in the lead up to the school holidays; we know that before or during school holidays is one of the most common times for a child to be abducted. We hope that this campaign will help inform and educate the UK public and encourage parents thinking of abducting their child to think twice before they cause significant distress to themselves and their family. “

Alison Shalaby, Chief Executive of Reunite, said:

“It is important to remember that parental child abduction is not faith or country specific. 71% of the UK public thought that parents most commonly abduct their children to the Middle East, India and Pakistan but it can happen to anyone, from any background. Countries where children are abducted to can range from Australia, to France, to Thailand.

“We have seen a 20% increase in calls made to our helpline in the first half of 2012 compared to 2011  and a 67% increase in the number of children who have been abducted by a parent to a non-Hague country between 2001 and 2011.

“This issue is not going away and with a 47% increase in the number of child abduction cases Reunite has worked on between 2001 and 2011, we are urging parents to think twice before they abduct their child or seek help if they think their child is at risk.”

Contact information

If you are concerned, or if your child has been abducted, you can call the FCO’s Child Abduction Section on 0207 008 0878 or visithttp://www.fco.gov.uk/childabduction, or Reunite on 0116 2556 234.

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Turkey: 736 files regarding international child abduction cases seen in 11 years

July 22, 2012

Source: todayszaman.com

A total of 736 files regarding international parental child abduction cases were processed between 2000 and 2011 in Turkey, according to recent data from the Justice Ministry.

The data provides detailed information about the procedure followed in international parental child abduction incidents in Turkey. Firstly, requests for legal assistance made from other countries by individuals claiming that their children have been abducted and brought into Turkey or have been wrongfully detained in the country are thoroughly examined by the Justice Ministry, and following the examination, the relevant files are sent to the chief public prosecutor’s office in the location where the child is believed to be residing.

In these cases of parental abduction, if the parent who has taken the child without the other parent’s consent refuses to return the child to their country of habitual residence, an official lawsuit is launched against them.

Turkey is party to the Hague Convention on the Civil Aspects of International Child Abduction. It signed the Hague convention on Jan. 21, 1998, and the convention entered the Turkish domestic code on Feb. 15, 2000, when it was published in Turkey’s Official Gazette. From the time it was published to the end of 2011, 128 requests for legal assistance regarding child abduction cases in Turkey were made to other countries, while 618 requests for legal assistance were made to Turkey.

The data also showed that the return of foreign criminals to their home countries is being carried out in line with the European Convention on Mutual Assistance in Criminal Matters. Criminals are sent to their home countries after a thorough examination of the relevant documents by the Justice Ministry. The data noted that 53 criminals from 16 countries were returned to Turkey in 2011. Of these 53 criminals, 17 were sent back from Germany, while eight were sent back from the Turkish Republic of Northern Cyprus (KKTC). Furthermore, the number of criminals caught in Turkey and subsequently deported in 2011 was eight. Most were deported to Germany and the US.

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