Federal Parental Kidnapping Prevention Act – PKPA


Kidnapping by parents encompasses the taking, retention or concealment of a child by a parent, other family member, or their agent, in derogation of the custody rights, including visitation rights, of another parent or family member.  Because of the harmful effects on children, parental kidnapping has been characterized as a form of child abuse.

Congress has enacted civil and criminal laws to address parental kidnapping and interstate and international child custody and visitation disputes.  In 1980, Congress enacted the Federal Parental Kidnapping Prevention Act (PKPA) to resolve persistent problems in interstate child custody practice, and to address the growing problem of parental kidnapping.

The PKPA governs the interstate effect that must be given to child custody determinations made by state courts that exercise jurisdiction consistently with its terms.  Specifically, such custody determinations are entitled to full faith and credit in all states. Under the PKPA, once a ‘home state’ court enters a custody order, that state retains exclusive continuing jurisdiction to modify its order even if the custodial parent and child no longer live in the state, provided there is a basis under state law for custody jurisdiction.  The PKPA does not apply in international cases.

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THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION


Source: HCCH

The States signatory to the present Convention,

Firmly convinced that the interests of children are of paramount importance in matters relating to their custody,

Desiring to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure protection for rights of access,

Have resolved to conclude a Convention to this effect, and have agreed upon the following provisions –

 

chapter i – scope of the convention

Article 1

The objects of the present Convention are –

a)   to secure the prompt return of children wrongfully removed to or retained in any Contracting State; and
b)   to ensure that rights of custody and of access under the law of one Contracting State are effectively respected in the other Contracting States.

Article 2

Contracting States shall take all appropriate measures to secure within their territories the implementation of the objects of the Convention. For this purpose they shall use the most expeditious procedures available.

Article 3

The removal or the retention of a child is to be considered wrongful where –

a)   it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and
b)   at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.

The rights of custody mentioned in sub-paragraph a) above, may arise in particular by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.

Article 4

The Convention shall apply to any child who was habitually resident in a Contracting State immediately before any breach of custody or access rights. The Convention shall cease to apply when the child attains the age of 16 years.

Article 5

For the purposes of this Convention –

a)   “rights of custody” shall include rights relating to the care of the person of the child and, in particular, the right to determine the child’s place of residence;
b)   “rights of access” shall include the right to take a child for a limited period of time to a place other than the child’s habitual residence.

 

chapter ii – central authorities

Article 6

A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention upon such authorities.

Federal States, States with more than one system of law or States having autonomous territorial organisations shall be free to appoint more than one Central Authority and to specify the territorial extent of their powers. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which applications may be addressed for transmission to the appropriate Central Authority within that State.

Article 7

Central Authorities shall co-operate with each other and promote co-operation amongst the competent authorities in their respective States to secure the prompt return of children and to achieve the other objects of this Convention.

In particular, either directly or through any intermediary, they shall take all appropriate measures –

a)   to discover the whereabouts of a child who has been wrongfully removed or retained;
b)   to prevent further harm to the child or prejudice to interested parties by taking or causing to be taken provisional measures;
c)   to secure the voluntary return of the child or to bring about an amicable resolution of the issues;
d)   to exchange, where desirable, information relating to the social background of the child;
e)   to provide information of a general character as to the law of their State in connection with the application of the Convention;
f)    to initiate or facilitate the institution of judicial or administrative proceedings with a view to obtaining the return of the child and, in a proper case, to make arrangements for organising or securing the effective exercise of rights of access;
g)   where the circumstances so require, to provide or facilitate the provision of legal aid and advice, including the participation of legal counsel and advisers;
h)   to provide such administrative arrangements as may be necessary and appropriate to secure the safe return of the child;
i)     to keep each other informed with respect to the operation of this Convention and, as far as possible, to eliminate any obstacles to its application.

 

chapter iii – return of children

Article 8

Any person, institution or other body claiming that a child has been removed or retained in breach of custody rights may apply either to the Central Authority of the child’s habitual residence or to the Central Authority of any other Contracting State for assistance in securing the return of the child.

The application shall contain –

a)   information concerning the identity of the applicant, of the child and of the person alleged to have removed or retained the child;
b)   where available, the date of birth of the child;
c)   the grounds on which the applicant’s claim for return of the child is based;
d)   all available information relating to the whereabouts of the child and the identity of the person with whom the child is presumed to be.

The application may be accompanied or supplemented by –

e)   an authenticated copy of any relevant decision or agreement;
f)    a certificate or an affidavit emanating from a Central Authority, or other competent authority of the State of the child’s habitual residence, or from a qualified person, concerning the relevant law of that State;
g)   any other relevant document.

Article 9

If the Central Authority which receives an application referred to in Article 8 has reason to believe that the child is in another Contracting State, it shall directly and without delay transmit the application to the Central Authority of that Contracting State and inform the requesting Central Authority, or the applicant, as the case may be.

Article 10

The Central Authority of the State where the child is shall take or cause to be taken all appropriate measures in order to obtain the voluntary return of the child.

Article 11

The judicial or administrative authorities of Contracting States shall act expeditiously in proceedings for the return of children.

If the judicial or administrative authority concerned has not reached a decision within six weeks from the date of commencement of the proceedings, the applicant or the Central Authority of the requested State, on its own initiative or if asked by the Central Authority of the requesting State, shall have the right to request a statement of the reasons for the delay. If a reply is received by the Central Authority of the requested State, that Authority shall transmit the reply to the Central Authority of the requesting State, or to the applicant, as the case may be.

Article 12

Where a child has been wrongfully removed or retained in terms of Article 3 and, at the date of the commencement of the proceedings before the judicial or administrative authority of the Contracting State where the child is, a period of less than one year has elapsed from the date of the wrongful removal or retention, the authority concerned shall order the return of the child forthwith.

The judicial or administrative authority, even where the proceedings have been commenced after the expiration of the period of one year referred to in the preceding paragraph, shall also order the return of the child, unless it is demonstrated that the child is now settled in its new environment.

Where the judicial or administrative authority in the requested State has reason to believe that the child has been taken to another State, it may stay the proceedings or dismiss the application for the return of the child.

Article 13

Notwithstanding the provisions of the preceding Article, the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution or other body which opposes its return establishes that –

a)   the person, institution or other body having the care of the person of the child was not actually exercising the custody rights at the time of removal or retention, or had consented to or subsequently acquiesced in the removal or retention; or
b)   there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.

The judicial or administrative authority may also refuse to order the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views.

In considering the circumstances referred to in this Article, the judicial and administrative authorities shall take into account the information relating to the social background of the child provided by the Central Authority or other competent authority of the child’s habitual residence.

Article 14

In ascertaining whether there has been a wrongful removal or retention within the meaning of Article 3, the judicial or administrative authorities of the requested State may take notice directly of the law of, and of judicial or administrative decisions, formally recognised or not in the State of the habitual residence of the child, without recourse to the specific procedures for the proof of that law or for the recognition of foreign decisions which would otherwise be applicable.

Article 15

The judicial or administrative authorities of a Contracting State may, prior to the making of an order for the return of the child, request that the applicant obtain from the authorities of the State of the habitual residence of the child a decision or other determination that the removal or retention was wrongful within the meaning of Article 3 of the Convention, where such a decision or determination may be obtained in that State. The Central Authorities of the Contracting States shall so far as practicable assist applicants to obtain such a decision or determination.

Article 16

After receiving notice of a wrongful removal or retention of a child in the sense of Article 3, the judicial or administrative authorities of the Contracting State to which the child has been removed or in which it has been retained shall not decide on the merits of rights of custody until it has been determined that the child is not to be returned under this Convention or unless an application under this Convention is not lodged within a reasonable time following receipt of the notice.

Article 17

The sole fact that a decision relating to custody has been given in or is entitled to recognition in the requested State shall not be a ground for refusing to return a child under this Convention, but the judicial or administrative authorities of the requested State may take account of the reasons for that decision in applying this Convention.

Article 18

The provisions of this Chapter do not limit the power of a judicial or administrative authority to order the return of the child at any time.

Article 19

A decision under this Convention concerning the return of the child shall not be taken to be a determination on the merits of any custody issue.

Article 20

The return of the child under the provisions of Article 12 may be refused if this would not be permitted by the fundamental principles of the requested State relating to the protection of human rights and fundamental freedoms.

 

chapter iv – rights of access

Article 21

An application to make arrangements for organising or securing the effective exercise of rights of access may be presented to the Central Authorities of the Contracting States in the same way as an application for the return of a child.

The Central Authorities are bound by the obligations of co-operation which are set forth in Article 7 to promote the peaceful enjoyment of access rights and the fulfilment of any conditions to which the exercise of those rights may be subject. The Central Authorities shall take steps to remove, as far as possible, all obstacles to the exercise of such rights.

The Central Authorities, either directly or through intermediaries, may initiate or assist in the institution of proceedings with a view to organising or protecting these rights and securing respect for the conditions to which the exercise of these rights may be subject.

 

chapter v – general provisions

Article 22

No security, bond or deposit, however described, shall be required to guarantee the payment of costs and expenses in the judicial or administrative proceedings falling within the scope of this Convention.

Article 23

No legalisation or similar formality may be required in the context of this Convention.

Article 24

Any application, communication or other document sent to the Central Authority of the requested State shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the requested State or, where that is not feasible, a translation into French or English.

However, a Contracting State may, by making a reservation in accordance with Article 42, object to the use of either French or English, but not both, in any application, communication or other document sent to its Central Authority.

Article 25

Nationals of the Contracting States and persons who are habitually resident within those States shall be entitled in matters concerned with the application of this Convention to legal aid and advice in any other Contracting State on the same conditions as if they themselves were nationals of and habitually resident in that State.

Article 26

Each Central Authority shall bear its own costs in applying this Convention.

Central Authorities and other public services of Contracting States shall not impose any charges in relation to applications submitted under this Convention. In particular, they may not require any payment from the applicant towards the costs and expenses of the proceedings or, where applicable, those arising from the participation of legal counsel or advisers. However, they may require the payment of the expenses incurred or to be incurred in implementing the return of the child.

However, a Contracting State may, by making a reservation in accordance with Article 42, declare that it shall not be bound to assume any costs referred to in the preceding paragraph resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.

Upon ordering the return of a child or issuing an order concerning rights of access under this Convention, the judicial or administrative authorities may, where appropriate, direct the person who removed or retained the child, or who prevented the exercise of rights of access, to pay necessary expenses incurred by or on behalf of the applicant, including travel expenses, any costs incurred or payments made for locating the child, the costs of legal representation of the applicant, and those of returning the child.

Article 27

When it is manifest that the requirements of this Convention are not fulfilled or that the application is otherwise not well founded, a Central Authority is not bound to accept the application. In that case, the Central Authority shall forthwith inform the applicant or the Central Authority through which the application was submitted, as the case may be, of its reasons.

Article 28

A Central Authority may require that the application be accompanied by a written authorisation empowering it to act on behalf of the applicant, or to designate a representative so to act.

Article 29

This Convention shall not preclude any person, institution or body who claims that there has been a breach of custody or access rights within the meaning of Article 3 or 21 from applying directly to the judicial or administrative authorities of a Contracting State, whether or not under the provisions of this Convention.

Article 30

Any application submitted to the Central Authorities or directly to the judicial or administrative authorities of a Contracting State in accordance with the terms of this Convention, together with documents and any other information appended thereto or provided by a Central Authority, shall be admissible in the courts or administrative authorities of the Contracting States.

Article 31

In relation to a State which in matters of custody of children has two or more systems of law applicable in different territorial units –

a)      any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit of that State;
b)      any reference to the law of the State of habitual residence shall be construed as referring to the law of the territorial unit in that State where the child habitually resides.

Article 32

In relation to a State which in matters of custody of children has two or more systems of law applicable to different categories of persons, any reference to the law of that State shall be construed as referring to the legal system specified by the law of that State.

Article 33

A State within which different territorial units have their own rules of law in respect of custody of children shall not be bound to apply this Convention where a State with a unified system of law would not be bound to do so.

Article 34

This Convention shall take priority in matters within its scope over the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors, as between Parties to both Conventions. Otherwise the present Convention shall not restrict the application of an international instrument in force between the State of origin and the State addressed or other law of the State addressed for the purposes of obtaining the return of a child who has been wrongfully removed or retained or of organising access rights.

Article 35

This Convention shall apply as between Contracting States only to wrongful removals or retentions occurring after its entry into force in those States.

Where a declaration has been made under Article 39 or 40, the reference in the preceding paragraph to a Contracting State shall be taken to refer to the territorial unit or units in relation to which this Convention applies.

Article 36

Nothing in this Convention shall prevent two or more Contracting States, in order to limit the restrictions to which the return of the child may be subject, from agreeing among themselves to derogate from any provisions of this Convention which may imply such a restriction.

 

chapter vi – final clauses

Article 37

The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Fourteenth Session.

It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands.

Article 38

Any other State may accede to the Convention.

The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands.

The Convention shall enter into force for a State acceding to it on the first day of the third calendar month after the deposit of its instrument of accession.

The accession will have effect only as regards the relations between the acceding State and such Contracting States as will have declared their acceptance of the accession. Such a declaration will also have to be made by any Member State ratifying, accepting or approving the Convention after an accession. Such declaration shall be deposited at the Ministry of Foreign Affairs of the Kingdom of the Netherlands; this Ministry shall forward, through diplomatic channels, a certified copy to each of the Contracting States.

The Convention will enter into force as between the acceding State and the State that has declared its acceptance of the accession on the first day of the third calendar month after the deposit of the declaration of acceptance.

Article 39

Any State may, at the time of signature, ratification, acceptance, approval or accession, declare that the Convention shall extend to all the territories for the international relations of which it is responsible, or to one or more of them. Such a declaration shall take effect at the time the Convention enters into force for that State.

Such declaration, as well as any subsequent extension, shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands.

Article 40

If a Contracting State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.

Any such declaration shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and shall state expressly the territorial units to which the Convention applies.

Article 41

Where a Contracting State has a system of government under which executive, judicial and legislative powers are distributed between central and other authorities within that State, its signature or ratification, acceptance or approval of, or accession to this Convention, or its making of any declaration in terms of Article 40 shall carry no implication as to the internal distribution of powers within that State.

Article 42

Any State may, not later than the time of ratification, acceptance, approval or accession, or at the time of making a declaration in terms of Article 39 or 40, make one or both of the reservations provided for in Article 24 and Article 26, third paragraph. No other reservation shall be permitted.

Any State may at any time withdraw a reservation it has made. The withdrawal shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands.

The reservation shall cease to have effect on the first day of the third calendar month after the notification referred to in the preceding paragraph.

Article 43

The Convention shall enter into force on the first day of the third calendar month after the deposit of the third instrument of ratification, acceptance, approval or accession referred to in Articles 37 and 38.

Thereafter the Convention shall enter into force –

(1)  for each State ratifying, accepting, approving or acceding to it subsequently, on the first day of the third calendar month after the deposit of its instrument of ratification, acceptance, approval or accession;
(2)  for any territory or territorial unit to which the Convention has been extended in conformity with Article 39 or 40, on the first day of the third calendar month after the notification referred to in that Article.

Article 44

The Convention shall remain in force for five years from the date of its entry into force in accordance with the first paragraph of Article 43 even for States which subsequently have ratified, accepted, approved it or acceded to it.

If there has been no denunciation, it shall be renewed tacitly every five years.

Any denunciation shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands at least six months before the expiry of the five year period. It may be limited to certain of the territories or territorial units to which the Convention applies.

The denunciation shall have effect only as regards the State which has notified it. The Convention shall remain in force for the other Contracting States.

Article 45

The Ministry of Foreign Affairs of the Kingdom of the Netherlands shall notify the States Members of the Conference, and the States which have acceded in accordance with Article 38, of the following –

(1)  the signatures and ratifications, acceptances and approvals referred to in Article 37;
(2)  the accessions referred to in Article 38;
(3)  the date on which the Convention enters into force in accordance with Article 43;
(4)  the extensions referred to in Article 39;
(5)  the declarations referred to in Articles 38 and 40;
(6)  the reservations referred to in Article 24 and Article 26, third paragraph, and the withdrawals referred to in Article 42;
(7)  the denunciations referred to in Article 44.

 

In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.

Done at The Hague, on the 25th day of October, 1980, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States Members of the Hague Conference on Private International Law at the date of its Fourteenth Session.

Follow our updates on Twitter and Facebook

One key to ABP World Group`s successful recovery and re-unification of your loved one is to use all necessary means available

Contact us here: Mail

Join the Facebook Group: International Parental Child Abduction

NOTE: We are always available 24/7

U.S Phone Number: (646) 502-7443

UK Phone Number: 020 3239 0013 –

Or you can call our 24h Emergency phone number: +47 45504271

Parental child abduction still far too easy, officials say


Sherri Zickefoose, Calgary Herald

Published: Friday, June 03, 2011

Stricter travel regulations should be in place to hamper schemes of parents abducting their children and escaping to foreign countries, according to investigators charged with chasing them.

“When our children are going out of the country, there’s no bar. Some of the airlines do their due diligence, but do all of them do their due diligence? It would be better to have a binding legal document that’s notarized prior to travelling with a child,” said Missing Children Society Canada investigator Wendy Christensen.

“The issue is coming to light and more people are being affected.”

Earlier this week, the plight of a Calgary mother made headlines after police made a public plea for help in solving her year-old case.

Mona Gill hasn’t seen her toddler since he was abducted by his father and taken to India in May 2010.

Canada-wide abduction without consent warrants have been issued for Harpreet Singh Arora, 44, for whisking the estranged couple’s 21/2-year-old son Shael abroad without warning.

Their current location is unknown.

Gill is one of hundreds of Canadian parents who suffer every year from having their children abducted by the other parent.

Children taken to another country against one parent’s will unravel into costly emotional, financial and legal nightmares that sometimes never get resolved.

According to 2009 statistics from the RCMP’s National Missing Children Services, there were 237 cases of children being snatched by a parent.

Five cases in the past five years have come to Calgary investigators.

Only two cases have been resolved.

Some parents have been forced to take matters into their own hands.

The case of Calgary mother Melissa Hawach made global headlines when she hired two mercenaries and secretly travelled to Lebanon during Hezbollah’s war with Israel at the end of 2006 to take back her daughters Cedar and Hannah from their father.

But without stronger checks in Canada, more children will be lost, said Christensen.

“Airlines follow Transport Canada guidelines, but there’s no exit control in our country,” she said.

“I don’t think there’s consistency with other countries. If we were more proactive in what we do, we may be an example to other countries to show how to do it right.”

The day Gill was to pick father and son up from the airport, a note was left on her front door informing her that Arora was taking his son away to spend time with him.

Gill reported the abduction to police before she travelled overseas from June to September.

Unless Arora hands the child over himself, police say the investigation may rely on family and friends rethinking their roles in helping him.

After exhausting all other leads for the past year, the RCMP’s National Missing Children Services launched an international alert protocol. Interpol in Hong Kong and Singapore have also been alerted.

The estranged couple, who were married for four years, did not have a custody agreement in place, but there was no acknowledged dispute.

Airlines generally recommend that parents who travel solo with children carry a parental consent letter authorizing travel. The letter must be signed and dated by the other parent.

But without a warning of a custody dispute, airlines say they are helpless to stop travellers.

“Unless we have been notified in advance by the authorities that a specific parent should not be travelling with their child, assuming all the appropriate paperwork was in order, we would have no reason to suspect anything was wrong,” said WestJet spokesman Robert Palmer.

“Parents travel solo with their children all the time.”

Air Canada spokeswoman Angela Mah said, “We are obliged by law to ensure that all passengers have government-issued ID before boarding the aircraft, with no lawful obligation for additional documentation checks before boarding an aircraft.

“All other documentation checks fall under the responsibility of government immigration authorities on entry into those countries.”

The Canada Border Services Agency is responsible for checking people entering Canada, not leaving.

One saving grace is the international treaty designed to help parents whose children have been taken illegally to another country.

The Hague Convention on the Civil Aspects of International Child Abduction has been in force in Alberta for 20 years. About 75 countries are signatories to the treaty and more than 400 Canadian children have been returned over the years, thanks to the agreement.

Some countries do not recognize parental abduction as a crime.

“A custody order issued by a Canadian court has no automatic binding legal force beyond the borders of Canada,” according to the Foreign Affairs guide.

Investigators say all countries should require parents travelling solo with children to have permission from both parents, even though that means adding another level of bureaucracy.

“‘We have to make it difficult. We have to have something similar for international travel with our children,” said Christensen.

“It would be a start, everybody having to take onus and everybody being part of the solution.”

“People don’t look at it as a crime, but it is. We have to take steps working with Transport Canada, the airlines, border services, everyone, to have something in place so we can have confidence that if that child is leaving the country, they’re coming back.

“We need to treat our children as precious, because they’re a precious commodity.”

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Norwegian/Maltese Child Abduction -Maltese father wins child ‘abduction’ case


Friday, 4th February 2011

Toddler to stay with dad after mum claims abduction

The young son of a couple who met on the internet will remain in Malta with his Maltese father after a court dismissed his Norwegian mother’s claim he had been abducted.

Madam Justice Anna Felice ruled the island was the child’s habitual residence after the couple had travelled to Malta intending to establish their residence here.

The child’s parents met over the internet in 2008 and the mother travelled to Malta and remained here until January the following year. On her return to Norway she discovered she was pregnant and the father moved to Norway to be with her.

Following the birth of the child in September 2009, the father found out the mother had another child from a previous marriage. This child had been removed from her care and placed in a foster home, the court heard.

The second child was born suffering from withdrawals from the medication the mother used to take and the Norwegian Social Services intervened. This led to both parents fearing the child would be taken away from them and they decided to leave Norway and come to Malta when the child was only a few days old.

They immediately had the child registered as a Maltese national and established a home together. However, their relationship ended last year and the father was awarded care and custody of the child in January 2010. The mother returned to Norway.

Claiming the father had abducted the child, she submitted a request to the Department for Standards in Social Protection for the child to be returned to Norway.

The father argued that, as he and the mother had come to Malta when their son was only a few days old intending to establish their residence here, this was not a case of child abduction.

The Family Court heard that, in terms of the Hague Convention on child abduction, no court was obliged to order the return of a child if the contesting parent had consented to the child travelling. Nor was the court obliged to order the return if this could expose the child to physical or psychological danger.

Madam Justice Felice noted it resulted from the evidence the couple had intended to establish their residence here and that this country constituted the child’s habitual residence. It also resulted that the mother suffered from mental illness and that her state of health was poor.

The court, therefore, refused the mother’s request to order the return of the child to Norway.

Source: Times Of Malta

Published by: ABP World Group International Child Recovery Services

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More Norwegian children snatched


The number of children taken illegally out of Norway by one of their separated parents has more than doubled in the past year.

Nearly 400 Norwegian children have disappeared overseas in the past decade, and authorities fear economic motives are behind several of the abductions.


Under Norwegian law, a parent who loses his or her child to their former partner must still continue to pay child support. As long as the child lives with one of the parents, the other must pay child support, even if a Norwegian court has ruled that the child was illegally abducted.

‘Good business’

Child support payments often amount to around NOK 5,000 (USD 900), a lot of money in many countries. ”Rumors are beginning to fly overseas that it’s good business to abduct Norwegian children,” Martin Waage of security firm ABP World Group Ltd. told newspaper Aftenposten. “I know of some cases where the abductions were probably planned even before the children were conceived.” Most of the children abducted between 2004 and 2010 were taken to Sweden, followed by Great Britain and the US. total of 64 children disappeared last year, compared to 31 in 2009, according to figures from the ministries of justice and foreign affairs.

Martin Waage specializes in child abductions and dealt with around 50 cases last year alone. In the most difficult cases, he has found children and brought them home to Norway after armed counter-abductions. Government officials agree that child support laws can be a motivating factor in some cases, and state secretary Astri Aas-Hansen in the Justice Ministry told Aftenposten that they’re reviewing current regulations: “We see that (the child support) can contribute towards the child being abducted and held abroad.”

‘High priority’

She said the ministry is making child abductions a high priority. Police have received special instructions in how to handle abductions, Norway has hosted seminars for judges and others in the Baltic countries, for example, and efforts are being made to urge other countries to adopt international rules against child abductions. The problem is that many countries like Slovakia haven’t followed up on the rules.

“We have put this on the agenda in international circles,” Aas-Hansen told Aftenposten. The ministry also has compiled a website, in English, with information and tips for parents involved in abduction cases.

The efforts haven’t yet helped fathers like Tommy Hoholm, who has been trying to retrieve his two sons from their mother, who took them to Slovakia. He hasn’t seen them for four years, despite court rulings in both Norway and Slovakia that he has custody of the boys. He told Aftenposten their mother is keeping them hidden, something she denies.

Published by: ABP World Group International Child Recovery Service

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THE LEFT-BEHIND PARENT


Your Experience of Missing-Child Trauma

Source:www.lilaclane.com/missing-children/left-behind/

Your child has been kidnapped or is missing, and here on the internet you’ll find a lot of valuable support, legal information, and contacts. However, there will be many difficult hours where you will feel very much alone — and this page is meant to help you get through those times.
THE INITIAL CRISIS
The first few days are incredibly confusing. You’ll receive a lot of advice. Here’s a little more. 

ENLIST A GUARDIAN
You need a cool head to guide you. As the left-behind parent, you’re going to be in shock, so your intellectual capabilities will be compromised. Enlist a relative or friend to be your crisis Guardian — you will need them to stay with you and accompany you to all appointments. Ideally, they should take a week off from work to be by your side.

If you have a current spouse living with you, they should not try to fill this role. They can’t — they’re in shock too. You need a third person, someone with enough emotional distance to stay calm.

KEEP TRACK OF YOUR PROGRESS
Start an activity log and keep it up every day. This will be difficult because the world’s going to be pulling you in ten directions at once, but as the hours and days pass, everything’s going to become a big blur — so you absolutely have to keep track. Get a blank book, notebook or ledger; and every day, record the important points of each meeting with police, phone calls with organizations, etc.  If you don’t have an answering machine, pick one up so that you won’t miss any incoming assistance.

TAKE CARE OF YOURSELF
Sleep when you’re able to sleep. Eat when you’re able to eat.

Your body is going to go haywire. Eating will be difficult. Your stomach will often be churning. Carry Tums with you at all times, and nibble them when necessary. Your ability to digest food will disappear, so you’ll need to adapt your eating habits. Keep a wide selection of snacks available, and try to eat at every opportunity. For meals, you’ll have better luck if you try lighter fare than usual. A chicken salad will stay down better than a heavy steak. Drink constantly — dehydration causes disorientation.

Often, you’ll be awake all night, then exhausted the whole next day, so grab your Z’s whenever you can. If it’s 3 pm and you have a gap before a 4 pm meeting, grab the opportunity and lie down. If necessary, take a sleeping pill at bedtime (particularly if nightmares are waking you repeatedly). Sleep deprivation leads to slowed mental processes and, later, paranoia — so you absolutely must get sleep, whenever and however possible.

Since your body and mind are going to be stretched to the limits of endurance, it’s strongly recommended that you go to a 24-hour clinic (or emergency room) and have them prescribe something to stabilize your emotions. A doctor will know what kind of medication can help you get through this trauma. It’s very important that you maintain your sanity no matter how nightmarish the experience becomes.

THE SECOND PHASE
Your emotions will change after the first few days of the crisis. The initial agony is from not knowing from minute to minute. Later, the agony is not knowing day after day.

Most of the time, you’ll find yourself in one of three coping states:

1. INTELLECTUAL STATE. This is the state you need to be in when you’re talking with police, touching base with your lawyer, researching information on what to do, etc. You have to be mentally focused, which usually means that at times you have to push your emotions underneath and try not to think too much about your child except in abstract terms. This state is sometimes forced on you (due to appointments) even when you don’t feel ready. Other times this state will come to you naturally, and you’ll find yourself actively digging through documents and reading information paks.

2. EMOTIONAL STATE. In this state of mind it’s very difficult to focus on anything mentally. Your thoughts are with your child, where they might be, how they might be doing, you miss them and want to comfort them. Crying relieves physical stress, and you’re under tremendous stress, so don’t cut your tears short. If you start to cry, try to sob it out of your system without holding back. Don’t restrict your crying. Enlist your guardian to comfort you — and if you feel the need, hug one of your child’s stuffed animals.

There will be times when you are caught in your reeling emotions, unable to respond to intellectual challenges around you. At these times it will be important for your crisis Guardian to be with you, so they can answer authorities’ questions, help make decisions, etc.

Seeing the child’s photos or toys around the house may become too painful. Don’t feel guilty if you decide to put away these toys, move the photos, or close the door to the child’s room. You are not abandoning their memory. After all, your thoughts are with them constantly. But you do need some control over your emotional cycles, especially when it’s time to gather information or make decisions — at times like that, a photo within sight may be unnecessary torment. Make adjustments in your home if you feel the need, and don’t feel bad about it. You need to keep your head together, in order to fight for your child’s well-being.

3. DRIFTING STATE. There will be times that you’re so exhausted or in such shock that you don’t feel anything at all. You’ll find yourself staring blankly at a wall, or drifting with no thought as you look right through the book or screen in front of you. This is a natural result of the trauma. It’s a time when your system can regroup — recharging your batteries, so to speak. Your intellectual and emotional states burn extraordinary amounts of energy out of your body, so if and when you enter a listless state, don’t fight it. Drift and let your thoughts remain unfocused. Your body and mind can use this time to recover.

All three of these states will be useful to you, and should occur as a natural cycle. If you find yourself stuck in a counterproductive state for longer than one day, go to a 24-hour clinic and have a doctor prescribe medication to help you cope.

DISTRACTIONS
There will be times when you can do nothing — times when you’re supposed to wait for a callback or the next step in the proceedings. Such times are painful as you wait for the world to acknowledge the urgency of this situation… and the wheels of justice grind so slow they’ll seem to have stopped. If you’re at a waiting point, it’s important not to work yourself into hysteria over these empty minutes. You need to seek distraction, or you’re just going to overstress yourself. You’ll particularly need distraction on Saturdays and Sundays, when cases are often placed on hold.

Television is usually a great relaxer, but at this time it won’t be. As you flip the channels you’ll see cartoons, children’s shows, commercials with children — everywhere you look there will be children, including children who look like or remind you of your own child. So don’t channel-surf. Get a TV guide and select a specific show to watch, then turn directly to that program. Choose shows that won’t assail you with family-focus commercials. Good bets are CNN, Animal Planet, nature shows, or non-family movies. Even better, pick videotapes to watch.

GOING OUT
Much of the work of regaining your child will have to do with your phone. You’ll be calling people and waiting for return calls, checking in with lawyers and detectives, and giving updates to family members. Consequently you will frequently find yourself trapped at home. Over time this will make you feel like a freak in a cave. You need to get outside once in a while.

When you go into public with the intention of re-charging your emotional batteries, try not to put yourself into stressful situations. Don’t go to fast-food restaurants; you’ll see many children that remind you of your missing child. Money is an issue now due to the costs of the search, but don’t discount your need to reduce stress. Two visits to McDonalds can be traded for one visit to a nice restaurant, late in the evening, when there won’t be any children dining there.

Shopping is a major source of stress. Malls and supermarkets are full of child-reminders. Ask your Guardian to do the shopping for you. Alternatively, shop at 7-Eleven late in the evening.

Lest this sound like we’re discounting natural emotion:  there’s nothing wrong with allowing your emotions full expression. But it’s much more comforting to let those feelings flow when you want to (instead of when the world forces it on you), in the security of your home, where your loved ones can comfort you and you can express yourself fully.

Good luck with your search.  May you soon be happily reunited with your beloved child.

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National Center for Missing and Exploited Children – This is the ONLY website at which you need to register your child as missing.  NCMEC is a non-profit system with federal affiliation; they work with the law enforcement divisions on your case.  Most other “list your missing child here” websites are hosted by people who’ll contact you and promise to find your child in exchange for large amounts of money.  If you need that kind of help, look for legitimate private-investigator listings, or recovery sites that don’t ask you to “register” your missing child in their database — don’t get duped by people who risk children’s lives for money.

Missing (tv show) – If your child has been classified ‘missing endangered’, see if this show will present your case

Federal Parent Locator Service – 18 USC 55318 USC 663

Missing Children Search Aids – List of contacts

Divorcenet.com – Legal information

Hague Convention Agreement – A means for requesting the return of internationally kidnapped children

Hague Participating Countries – Country by country

Child Abduction Resources – U.S. Department of State

Canada – International Kidnapping Information

International Parental Kidnapping Crime Act, 18 U.S.Code §1204

Parental Kidnapping Prevention Act (1980), 28 U.S.C. §1738A

Federal Law / Missing Children Title 42, Chapter 72, Subchapter IV, 5771+

International Child Abduction Remedies Act, 42 U.S.C. §11601

Missing Children Record-Flagging Act – Not in force in all areas yet

Bring Tessie Home page – Our personal struggle with parental kidnapping

Emotional AbuseStalking – Traumas that foreshadow impending parental kidnapping

Laurie’s Webpage Theme Sets – Thank you, Laurie, for the design of this page

Lost links (I’m trying to track them down):
Uniform Child Custody Jurisdiction Act (1979), 43 U.S.C. §458A
National Child Search Assistance Act (1990), 42 U.S.C. § 5780)
Homepage of Maureen and Missing Child Nadia

Search Google for more webpages about Parental Abduction

Gift From Within – for those with Post Traumatic Stress Disorder

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The Recovery of Internationally Abducted Children – A Comprehensive Guide (excellent)

When Parents Kidnap

Not Without my Daughter

For the Love of a Child

Torn From my Heart: A Mother’s Search for her Stolen Children

Kidnapped: Child Abduction in America (focuses mostly on non-parental kidnappings)

Obstacles to the Recovery and Return of Parentally Kidnapped Children and many other excellent references at OJJDP

If you need to raise money for your child-abduction case,
it’s possible for you to receive donations from people
via the internet.  Click these links to see how it works.
Sample donation link – Amazon.com
Sample donation link – PayPal.com

Most child kidnappings involve a parent or relative as kidnapper, and that is the experience of our family. However, if your situation is different — the child has been kidnapped by a stranger, or is missing due to other circumstances (such as a runaway) — this page will speak to your experiences too, so please read on….


Published by: ABP World Group International Child Recovery Service

Visit our web site at: www.abpworld.com

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Top judge says mothers should have children taken away if they don’t let fathers see them


Source: Daily Mail

Mothers who refuse to let separated fathers see their children should have them taken away, a senior family court judge said yesterday. The children should be handed over to the full time care of the father if the mother persistently defies court orders, Mr Justice Coleridge said.

He called for a ‘three strikes and you’re out rule’ by which children would be taken away if mothers ignored three court orders. The judge said that family courts are losing their authority because so many people take no notice of their judgments. Around 5,000 new cases a year come before the family courts in which parents – almost always mothers – defy orders to let the other parent have contact.

Judges are extremely reluctant to jail such mothers because of the damaging effects on the children, so many continue to get away with it. Mr Justice Coleridge, 61, said: ‘If I were to call it three strikes and you’re out it sounds insensitive but something like it perhaps should be the norm.’ He added that occasionally it might be necessary to send a mother to jail.

Read more: http://www.dailymail.co.uk/news/article-1333549/Top-judge-says-mothers-children-taken-away-dont-let-fathers-them.html#ixzz19hZkaJDX

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CHILD ABDUCTION PREVENTION


CHILD ABDUCTION PREVENTION

The following information is excerpted from The National Center for Missing & Exploited Children and the U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention

In light of the high profile abductions of several children, the National Center for Missing & Exploited Children (NCMEC) encourages families not to panic. Instead, parents need to empower themselves with information that can help protect their children.

CHILD ABDUCTION: STATISTICS

  • Parental abductions and runaway cases make up the majority of missing children in the United States. In 2002 there were about 797,500 children reported missing, or nearly 2,185 per day. The vast majority of these cases were recovered quickly; however, the parent or guardian was concerned enough to contact law enforcement and they placed the child into the FBI’s National Crime Information Center – a computerized national database of criminal justice information. It is available to Federal, state and local law enforcement and other criminal justice agencies.
  • Each year there are about 3,000 to 5,000 non-family abductions reported to police, most of which are short term sexually-motivated cases. About 200 to 300 of these cases, or 6 percent, make up the most serious cases where the child was murdered, ransomed or taken with the intent to keep.
  • The NCMEC analyzed more than 4200 attempted abductions from February 2005 to March 2010 and found that 38% of attempted abductions occur while a child is walking alone to or from school, riding the school bus or riding a bicycle; 37% of attempted abductions occur between the hours of 2:00pm through 7:00pm on a weekday; 43% of attempted abductions involve children between the ages of 10 and 14; 72% of attempted abduction victims are female; 68% of attempted abductions involve the suspect driving a vehicle.
  • Research shows that of the 58,000 non-family abductions each year 63% involved a friend, long-term acquaintance, neighbor, caretaker, baby sitter or person of authority; only 37% involved a stranger.

SAFETY TIPS FOR PARENTS:

  • Be sure to go over the rules with your children about whose homes they can visit when you’re not there and discuss the boundaries of where they can and can’t go in the neighborhood.
  • Always listen to your children and keep the lines of communication open. Teach your children to get out of dangerous or uncomfortable situations right away, and practice role-playing and basic safety skills with them.
  • Teach your children in whose car they may ride. Children should be cautioned never to approach any vehicle, occupied or not, unless accompanied by a parent or trusted adult.
  • Make sure children know their names, address, telephone numbers and how to use the telephone.
  • Choose babysitters with care. Obtain references from family, friends and neighbors.

SAFETY TIPS FOR CHILDREN:

  • Always check first with your parents or the person in charge before you go anywhere or do anything.
  • Always take a friend when you play or go somewhere.
  • Don’t be tricked by adults who offer you special treats or gifts or ask you for help.
  • Don’t be afraid to say no and get away from any situation that makes you feel uncomfortable or confused. Trust your feelings.
  • Don’t get into a car or go near a car with someone in it unless you are with your parents or a trusted adult.
  • Never take a ride from someone without checking first with your parents.
  • Never go into a public restroom by yourself.
  • Never go alone to the mall, movies, video arcades or parks.
  • Stay safe when you’re home alone by keeping the door locked. Do not open the door for or talk to anyone who stops by unless the person is a trusted family friend or relative.

INTERNATIONAL PARENTAL ABDUCTION

In situations where parents have not resolved the issue of child custody, and one of the parents has ties to another country, there is the risk that that parent might take the child with them to a foreign country. Parents who are in this situation can find useful information about international parental abduction in “A Family Resource Guide on International Parental Kidnapping” published by the U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention.

For emergency assistance contact:

ABP World Group International Child Recovery Service

The goal of ABP World Group Ltd. 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.

Follow our updates on Twitter and Facebook

Parental Child Abduction and Abducted Children Recovery


Christmas holidays – A time for parental child abductions

The holiday season sees a sharp rise in the number of parental abductions in Australia.  With emotions running high between separated and divorced parents during the Christmas/New Year period, a small number of parents will take the drastic step of abducting their own children.  Most of these children are eventually recovered, but a small number of parents will experience the agony of never seeing their children again. Read more below.

The number of British children abducted by one of their parents and taken abroad is set to double as the holidays start, the Foreign Office has warned.

Read more here: The Telegraph

Airlines Sued for Their Role in Parental Child Abduction

Read more here:Lawdiva’s Blog

Steps You can Take To Prevent Parental Child Abduction

Read the article here: ABP World Group Ltd`s Blog

Parental Child Abduction – Lesson 1

Parental Child Abduction – Lesson 2

For Help and assistance: ABP World Group international recovery services

Follow our updates on Twitter and FacebookOur website: http://www.abpworld.com