Woman who abducted sons from Ireland now in road accident, passenger dead


October27, 2013

Source: zambianwatchdog.com

The true nature of a child abducting parent

Elizabeth Daka, the Zambian woman who is facing criminal charges in Ireland for allegedly abducting her Irish-born sons to Zambia has been involved in a road accident.

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The accident happened near Manda Hill at 14 hours today and the passenger who was with Elizabeth died on the spot.
Elizabeth is said to have been drunk when she was driving the vehicle. She survived with only minor bruises but her friend, a ZESCO employee, had her skull opened by the crash and died instantly.
According to information received, both Elizabeth and her friend-passenger were not wearing seat belts.
‘Elizabeth was drunk and speeding and tried to make a turn but crashed into a drain,’ said a source.
Elizabeth Daka had two sons, Ethan Quarry, 6, and Troy Daka-Beary, one-year-11 months, with two different Irish men while in Ireland but decided to move back to Zambia three months ago without informing the children’s fathers.

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When he came to look for his children, Richard Quarry, who is still married to Elizabeth, claimed his wife had a history of alcohol abuse, child neglect and depression, adding that she might put the children in danger.
Now Elizabeth faces a possible charge of causing dearth by dangerous driving.

 

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International Parental Child Abduction : Fathers pay price when mothers take children


Source: Irish Times – Irishtimes.com

JOHN WATERS

DESPITE ONE-THIRD of births occurring in non-marital relationships, unmarried Irish fathers remain deeply ignorant of their legal situation.

Under Irish law, such fathers have no automatic right to the day-to-day care of their children (“custody”) or to a say in the upbringing of their children (“guardianship”). What they have is the right to apply to a court, which may then extend rights of guardianship and custody according to the nature of the relationship between the child and the father, a matter almost invariably dictated by the attitude and behaviour of the gatekeeper-mother.

Although mischievous agents propose that the high numbers of Irish unmarried fathers neglecting to apply for guardianship is evidence of indifference, the fact is that many fathers, reluctant to initiate legal proceedings that might create a conflict where none exists, tend to leave well alone.

This leads to extreme difficulties when mothers abduct children to other jurisdictions and fathers find themselves bereft of legal standing.

Almost all European countries now make legal provision for the concept of the “de facto family” – which extends legal recognition in situations in which unmarried parents and their children have lived together in quasi-marital situations. This can enable an unmarried father who has no formal guardianship order to invoke the Hague Convention in the event that his child is abducted. Irish law is noticeably out of step in the recognition of such “inchoate rights”.

The man in the street may attribute this circumstance to oversight. Alas, it arises from the ideological outlook of the Irish State, which is determined to withhold from unmarried fathers anything but the most minimal recognition forced upon it by international law.

The lay person, too, might surmise that, all things being equal, the objective of the Irish State will always be to strive towards just and equitable resolutions, subject only to whatever legal impediments may arise.

Alas, in abduction situations where the abductor is the mother, such an assumption would be mistaken.

In fact, the pattern of behaviour by the Irish central authority in these matters – ie the Department of Justice – is to turn its back on fathers whose children have been abducted, even when the destination country is reluctant to accept jurisdiction.

This policy became clear over the past 18 months, in a case arising from the refusal of a mother to bring her two children back to Ireland after a summer holiday in New York. For six years the father had lived in Ireland with his children, in virtually every respect as though married to the mother. In August 2010, the mother told him she and their two children would remain in New York, where she was moving in with a man she had met on Facebook.

The children had been born in New York, which meant that the father was their legal guardian under US law. He had the right to apply to a New York court, but felt that to do so would be to acquiesce in what had happened.

He wished to have the matter adjudicated in Ireland, where his children had lived almost all their lives. He approached the Department of Justice but was told that, since he did not have guardianship here, there was no legal recourse under the Hague Convention.

Proceedings were initiated in New York by the mother, while the father began seeking guardianship under Irish law. In November 2010, he was granted a guardianship order. Because this application was initiated within a statutory six-month period stipulated by New York law – in effect confirming the children were for legal purposes still habitually resident in Ireland – and since the father continued to reside here, the New York court ruled that the case should be determined by the Irish courts.

All that was required was for an Irish court to issue a temporary custody order in favour of the father, and the New York court could have ordered the return of the children here.

The next step was to persuade the Irish court to do the decent thing. Three hearings, in August, October and November 2011, were adjourned in turn because the judge was away. Although it was implicit in the New York decision that, by issuing a guardianship order, the Irish court had already accepted jurisdiction, the Irish judge refused to communicate with his counterpart in New York.

Instead, in the end, he wrote to the New York court handing over jurisdiction, unwittingly confirming that, contrary to the assertions of the Department of Justice, the Irish court already had jurisdiction. Thus, in December, this Irish father was forced to surrender to the jurisdiction of an American court.

These Irish proceedings, involving 12 court appearances and nine different judges over 15 months, cost this father more than €20,000.

For years I have been meeting men like this, trying to help them deal with the inscrutable processes that “legal advice” forbids me from describing in the only terms I can adequately and reasonably describe them.

I observe with dismay that things are growing worse, not just in the treatment of such men and their children, but even more ominously in the studied avoidance of these matters by other journalists who make much of calling authority to account except here, where the sleep of justice is more implacable than anywhere else.

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Hungary accused of failing to enforce Hague Convention orders


Hungary accused of failing to enforce Hague Convention orders, writes Carol Coulter

WHEN FAMILY disputes arise, or sometimes when there is a dispute between parents and state child care authorities, it occasionally happens that a parent flees the jurisdiction with the child.

This eventuality is covered by The Hague Convention on Child Abduction, to which most countries outside the Islamic world are signatories.

The Irish authorities processed 233 cases relating to international child abduction in 2010, of which 140 were new applications.

Many were subsequently either withdrawn or settled by consent. In 25 cases the children were ordered to be returned to the state from which they had been abducted.

Usually when a child has been wrongfully removed from his or her normal place of residence by a parent and a court orders his or her return, the child is produced and the return takes place in an orderly manner. If this does not happen, the Garda have the power to arrest the parent concerned and secure the child’s return.

However, it may not happen so smoothly in all jurisdictions. An Irish father, Dr Leslie Shaw, is still seeking the return of his daughter Fiona from Hungary more than three years after she was removed from the family home in France by her mother, despite the fact that the Hungarian courts have ordered the return of the child.

He is now seeking the intervention of the European Court of Human Rights (ECHR) and of the European Commission to have the orders seeking Fiona’s return enforced.

He is also seeking to draw international attention to what he claims is the flouting by Hungary of international law.

His lawyer, Laurent Hinkler, has written to the parliamentary members of the Council of Europe, the parent body of the ECHR, drawing their attention to the “violation of the law of the European Union, of private international law and the European Convention on Human Rights”.

Fiona was abducted in December 2007 by her mother Krisztina Orosz and her father immediately took proceedings in Pest, Hungary, seeking her return under The Hague Convention. The court granted his application. This decision was unsuccessfully appealed by Ms Orosz, ultimately to the Hungarian Supreme Court, which confirmed the order in November 2008.

Meanwhile, the French courts had established Fiona’s habitual residence as that of her father in France and granted him sole parental authority in April 2008. It also authorised him to exercise his parental rights in Hungary.

In March 2009 the French courts issued a European Arrest Warrant for Ms Orosz to face child abduction charges. She was arrested on July 27th, 2009, and brought to the High Court in Budapest. However, Dr Shaw’s legal representatives were not informed and she was immediately released and then went into hiding with their daughter.

The French magistrate then issued an international letter rogatory, a request for mutual legal assistance, outlining 14 specific measures sought by the French authorities to obtain the return of the child. A representative of the French prosecutorial service went to Hungary seeking to have them implemented.

According to Mr Hinkler, this initiative was unsuccessful because the Hungarian authorities refused to execute 13 of the 14 points requested. A second European Arrest Warrant and a further international letter rogatory issued in July 2010 likewise remained without effect, he stated.

“These manifest and deliberate failings of the Hungarian authorities resulted in Fiona and her mother going into and remaining in hiding since July 2009. Furthermore, the child has not attended school since October 2008,” he said in his letter to the Council of Europe.

“The refusal of Hungary to respect the statutory objective of the Council of Europe (article 1(a) ‘to achieve a greater unity between its members’) by recognizing the decisions of the French courts is extremely perilous for Fiona, whose health, safety and education are gravely compromised.”

In response to a number of questions from The Irish Times, a spokesman for the Hungarian ministry of public administration and justice said: “On the basis of a letter rogatory issued by the High Court of Paris, further legal proceedings were enacted against Krisztina Orosz on charges of child abduction between February 2010 and September 2010. Under the supervision of the prosecution service, the Hungarian police took all possible action within its competency to ensure enforcement.”

Referring to its refusal to execute the European Arrest Warrant, it said that at the time the Hungarian authorities were also bringing a prosecution against Ms Orosz on the same charges, and this meant it could refuse the request.

The case illustrates the fact that the smooth functioning of The Hague Convention requires wholehearted commitment to the mutual enforcement of orders on the part of contracting states.

Even if the law and the culture relating to child welfare issues vary from country to country, as they do, the essence of the convention is that the child’s place of habitual residence is where that welfare should be decided, in accordance with that state’s laws.

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Children Reported Abducted in CA Usually Taken by Parents or Relatives


Written by: Holstrom, Sissung, Marks & Anderson, APLC

According to a report in the Contra Costa Times, 97 percent of child abductions reported in California are parental and family abductions. The recent discovery of a girl abducted by her mother from the San Francisco Bay area 15 years ago has given hope to other parents in similar situations.

Dean Click’s daughter, Jessica, was abducted by her mother in 1995 when the girl was 8 years old. She is now 22 and lives in another state apart from her mother. Dean Click has said he wants his daughter to know that he always wanted to see her. He hopes they can reunite, but he’s also apprehensive about what she thinks of him after all the years away.

Unfortunately, discovering children who were abducted by their parents becomes much more unlikely as time goes by. Justice Department Data cited by The National Center for Missing and Exploited Children (NCMEC) states that only 6 percent of children abducted by parents are found if they are still missing 6 months after being reported abducted. For children reported abducted by relatives and missing for over 10 years, the NCMEC reports that between 1990 and 2009, only 0.9 percent were found.

Nevertheless, the discovery of Jessica has renewed the hope of another San Francisco Bay area man whose ex-wife left town with their two children after a child-custody battle in 1997. Michael Stratton still lives in the same Walnut Creek house he lived in when his kids, Zachary and Chelsea, then 9 and 6, were taken by their mother Elizabeth Stratton. He hopes that one day the kids will try to find him. He believes his children are victims and will have suffered the negative impact of having grown up without their father.

Michael Stratton believes his ex-wife took the children because she lost primary custody to him. During the custody battle, she repeatedly accused Michael of molesting the children, which he denied. Several law enforcement agencies investigated the molestation claims, but found no evidence to support the allegations.

The National Center for Missing and Exploited Children believes the case of Dean Click’s daughter proves that children taken by relatives are still out there somewhere and there’s hope they will be found. Wendy Hill was found and arrested after a tip came in to the NCMEC. The tip was passed on to the police department of Walnut Creek who enlisted the help of the FBI.

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Abductions: The UK-Pakistan Judicial Protocol


By: FCO Child Abduction Section

If your child has been taken to Pakistan the UK-Pakistan Judicial Protocol may apply.

In January 2003, senior judges from the UK and Pakistan signed the UK-Pakistan Judicial Protocol on Children Matters.

This is an understanding between the judges of each country that the courts of a child’s home country are best placed to determine the welfare of that child.
When a child is wrongfully removed from or retained in the UK or Pakistan, the principle is that a child should be returned to his or her home country so that the courts can hear the case.

A system of liaison judges in the UK and Pakistan facilitate the working or this protocol.  The liaison judges ensure that the courts in each other’s country are aware of any pre-existing court orders from the child’s home country.

See the ‘Useful documents’ link to the right for:

  • the text of the UK-Pakistan Judicial Protocol on Children Matters (January 2003, London)
  • the Supplemental Judicial Guidelines on the UK-Pakistan Protocol (September 2003, Islamabad)
  • the agreed points from the Panel Session Meeting with the UK-Pakistan Judiciary (February 2006, London)

If you choose to pursue the return of your child to the UK under the UK-Pakistan Protocol, you’ll need to commence legal proceedings first in the UK courts and then in the Pakistani courts.  Your first step should be to consult a lawyer in the UK.

We have produced a short leaflet on the protocol available in English and Urdu.

Published by: ABP World Group International Child Recovery Service

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Children Reported Abducted in CA Usually Taken by Parents or Relatives


On behalf of Holstrom, Sissung, Marks & Anderson, APLC on March 12, 2010 12:23 PM | No TrackBacks

According to a report in the Contra Costa Times, 97 percent of child abductions reported in California are parental and family abductions. The recent discovery of a girl abducted by her mother from the San Francisco Bay area 15 years ago has given hope to other parents in similar situations.

Dean Click’s daughter, Jessica, was abducted by her mother in 1995 when the girl was 8 years old. She is now 22 and lives in another state apart from her mother. Dean Click has said he wants his daughter to know that he always wanted to see her. He hopes they can reunite, but he’s also apprehensive about what she thinks of him after all the years away.

Unfortunately, discovering children who were abducted by their parents becomes much more unlikely as time goes by. Justice Department Data cited by The National Center for Missing and Exploited Children (NCMEC) states that only 6 percent of children abducted by parents are found if they are still missing 6 months after being reported abducted. For children reported abducted by relatives and missing for over 10 years, the NCMEC reports that between 1990 and 2009, only 0.9 percent were found.

Nevertheless, the discovery of Jessica has renewed the hope of another San Francisco Bay area man whose ex-wife left town with their two children after a child-custody battle in 1997. Michael Stratton still lives in the same Walnut Creek house he lived in when his kids, Zachary and Chelsea, then 9 and 6, were taken by their mother Elizabeth Stratton. He hopes that one day the kids will try to find him. He believes his children are victims and will have suffered the negative impact of having grown up without their father.

Michael Stratton believes his ex-wife took the children because she lost primary custody to him. During the custody battle, she repeatedly accused Michael of molesting the children, which he denied. Several law enforcement agencies investigated the molestation claims, but found no evidence to support the allegations.

The National Center for Missing and Exploited Children believes the case of Dean Click’s daughter proves that children taken by relatives are still out there somewhere and there’s hope they will be found. Wendy Hill was found and arrested after a tip came in to the NCMEC. The tip was passed on to the police department of Walnut Creek who enlisted the help of the FBI.

Published by: ABP World Group International Child Recovery Service

Visit our web site at: www.abpworld.com

Warning of child abduction to sharia law states


Source:The Irish Times, Dublin

FORMER MEP Mary Banotti has called on the Government to monitor the number of reported child abduction cases involving sharia law countries which have not signed international conventions on the issue.

Figures published by the Department of Justice last week showed that a record 141 transnational child abduction cases were dealt with by the authorities last year.

The department said 141 cases involving 183 children were received by the Central Authority for Child Abduction in 2008, an increase of 42 cases on 2007 and the highest annual total since the unit was established in 1991.

However, Ms Banotti, who is president of Irish Centre for Parentally Abducted Children, said it was very difficult to retrieve children who were abducted by one parent to a state that had not signed the Hague conventions on child abduction. Cases involving countries governed by sharia law were particularly difficult to resolve.

“I think there should be a record kept of all children removed to sharia law countries,” she said.

Ms Banotti pointed to a case in which an Irish woman, originally from a north African state, was reunited in January with her four children six years after her husband took them back to their country of origin without her consent. Because the African state had not signed the Hague conventions, the woman had no legal avenue to pursue in order to retrieve her children, who were aged between two and seven when they were taken in 2002.

She was eventually reunited with them in January after her husband was arrested by gardaí on his return to Ireland.

Ms Banotti said the latest child abduction figures corroborated her organisation’s view that the problem remained significant. The centre received reports of seven abductions in the past week.

A major shift in trends in recent years was that, whereas women until recently made up the vast majority of those reporting abduction, today at least half of reports came from men.

While the overwhelming majority of transnational abduction cases investigated here once involved the United States and the UK, recent immigration patterns are reflected in the variety of central and eastern European countries that have appeared on the department’s list in recent years.

In 2008, a total of 33 cases related to states that joined the EU since 2004, including Poland, Latvia, Lithuania, Hungary, the Czech Republic and Romania.

Published by: ABP World Group International Child Recovery Service

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