“My husband stole my kids – it could happen to you”

August 11, 2015

Source: closeronline.co.uk

Having your child taken is every mother’s worst nightmare.

But, for Lisa it became a reality when her estranged husband took their two children 4,000 miles away to Kansas, America and refused to bring them home.

Lisa, 42, fought to get them back and, eight months later, they were reunited after an American court order forced their dad, Luke*, 36, an American citizen, to return them to the UK.

In February this year Lisa also won full parental rights – meaning her children would never again be able to leave the country with their father.

Now, Lisa’s children, Abigail, 11, and Matthew, eight, live with her in Batley, West Yorkshire, while their dad has moved back to the states and is allowed two Skype calls with them a week.

KIDNAPPED GIRL FOUND ALIVE IN MEXICO 12 YEARS AFTER ABDUCTION

Lisa says: “I didn’t know if I was ever going to see my children again. I felt so helpless.

“We were having some marriage problems and Luke suggested taking the children to the States for a holiday to see family.

“I was a bit worried about being apart from them for a while, but I never imagined he’d try to keep them there.

“The pain of not knowing when I was going to see them again was indescribable.

“At first I was in shock, then I panicked, but I knew I had to keep it together to get them back, so I put every scrap of my energy into doing that.

Thankfully they’re home now, but it’s been a nightmare and I will never forgive Luke.”

Worryingly, Lisa isn’t alone in her struggle.

In the UK a child is kidnapped by a parent or family member every 12 hours.

A spokesperson from Reunite – a charity that helps with parental child abduction – explains: “We’re seeing more and more children abducted by parents because of mixed nationality relationships.

“When these relationships break down, parents want to take their child back to their home country.

“It can be difficult to bring a child home because a parent has to deal with two different countries and legal systems. A further complication is that the abducting parent has rights over the child too.”

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Warning – High Risk of Terror Attacks in Turkey and Tunisia

July 26 , 2015

Turkey:

US – There have been violent attacks in Turkey, and the possibility of terrorist attacks against U.S. citizens and interests, from both transnational and indigenous groups, remains high.

UK – The Foreign and Commonwealth Office (FCO) advise against all travel to within 10 km of the border with Syria.

The FCO advise against all but essential travel to:

the remaining areas of Sirnak, Mardin, Sanliurfa, Gaziantep, Kilis and Hatay provinces
Siirt, Tunceli and Hakkari provinces.

-Vi advarer mot å reise til Tyrkia om du absolutt ikke er nødt. Forhøyet terrorfare.

Tunisia:

UK – The Foreign and Commonwealth Office (FCO) advise against all travel to:

• the Chaambi Mountain National Park area
• the Tunisia-Algeria border crossing points at Ghardimaou, Hazoua and Sakiet Sidi Youssef
• the militarized zone south of, but not including, the towns of El Borma and Dhehiba
• within 5km of the Libya border area from north of Dhehiba up to but not including the Ras Ajdir border crossing

The FCO advise against all but essential travel to the rest of Tunisia.

US:

The U.S. Embassy recommends that U.S. citizens in Tunisia maintain a high level of vigilance, as terrorism remains a significant concern.

U.S. citizens should exercise caution when frequenting public venues that are visited by large numbers of foreigners, such as hotels, shopping centers, tourist sites and restaurants. Two recent attacks targeted foreign tourists: March 18, 2015, at the Bardo Museum in Tunis; and June 26, 2015 near Sousse at the Riu Imperial Marhaba and Riu Bellevue Park hotels.  The Islamic State of Iraq and the Levant (ISIL) claimed responsibility for both attacks.  U.S. citizens should also be alert to the possibility of kidnapping.

Terrorist organizations have also targeted Tunisian security forces and government installations.  The Tunisian government officially designated the group Ansar As-Sharia in Tunisia (AAS-T), a group with known anti-U.S. and anti-Western sentiments, as a terrorist organization on August 27, 2013.  The Tunisian government continues security force operations against AAS-T, ISIL and al Qaida in the Islamic Maghreb (AQIM).  The Tunisian President declared a state of emergency throughout the country on July 4, 2015, giving the Tunisian government greater powers to control public order.

NO- Følgende reiseråd er nå utstedt for Tunisia: Utenriksdepartementet fraråder alle reiser til Tunisia som ikke er nødvendige. Norske borgere som planlegger reise til eller opphold i Tunisia oppfordres til å holde seg oppdatert på ambassaden i Alger sin hjemmeside samt registrere sin reise på e-post til s-kons@mfa.no (Seksjon for konsulære saker og utlendingsfeltet i Utenriksdepartementet.)

Read: What to do if you are kidnapped -Kidnapping and Hostage Survival Guidelines

Published by ABP World Group Ltd. Special Operations Division.

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Parental Kidnapping – Rise in abductions of Boston’s migrant children

October 23 , 2014

Source: bostontarget.co.uk

Law firms have reported a rise in the number of abduction cases involving Boston’s migrant children.

Both Sills and Betteridge and Ringrose Law say they have noticed an increase in the number of children being taken to another country by one parent without the other’s consent following family breakdowns.

They have also seen a number of parents deliberately take their child abroad, often under the premise of a holiday, then fail to return.

Yvonne Clarke, a solicitor and partner at Sills and Betteridge and based in Boston, said cases have increased along with Boston’s population over the last three to four years.

 

“I don’t think before then we had any,” she said.

“Abduction is a very emotive word, but if you are taking a child without the other parent’s consent, particularly if they have parental responsibility and equal rights to you, you are abducting them.

“You are taking the child away from another parent. Anybody should think twice before doing that and should take legal advice before leaving the country.”

Both Yvonne and Lincoln-based Sills and Betteridge colleague Chrystal Theofanous have earned resolution accreditation for international child abduction cases.

It means they will deal with cases handed down by the International Child Abduction Unit at the Ministry of Justice.

“If a child has been abducted inside of the UK then any cases dealt with through the unit which are nearest to Lincoln will come through our firm and be dealt with by either Yvonne or myself,” Ms Theofanous said.

Most cases don’t become criminal investigations, as the parent can apply for their child to be returned using the Hague Convention and get help from solicitors.

However Nichola Skayman, children’s legal adviser for Ringrose Law, said the firm wanted to work with police to help prevent abductions happening in the first place.

“I am trying to organise a conference as this is happening more and more,” she said.

“If they are aware of the implications, they may be able to assist us and say don’t leave, go and get separate legal advice.

“It is really trying to get the word out. We probably get one a month where this is happening. I have never had one that is not from the migrant community. It ranges from babies to 10 and 11-year-olds.

“You are taking the child from everything they know.

“They might have been brought up in a Polish family in England where they have lived and went to an English speaking school and that is where their friends are, so it is very alien for a child.”

She added: “The main thing is that we don’t want the child out of the country. As soon as the child is gone it is harder.”

Joanne Orton, advice line co-ordinator for child abduction charity Reunite, said preventative measures could help.

“It is so cheap now to get flights into and out of the country,” she said.

“Where possible, if there is a real imminent threat of a child being taken, speak to the police and see if they can put an alert in place.

“If you know where it is, hide the child’s passport. If not, it is down to a lawyer to get in court orders in place.”

Legal help is automatic for child abduction cases in countries which are part of the Hague Convention, using civil action to help the parent who has applied for their child to be brought back.

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Parental Abduction – Changes to Travel Rules for Families Visiting South Africa

September 21 , 2014

Source: expatriatehealthcare.com

South Africa has long been a popular destination for Brits seeking winter sunshine. Each year over 300,000 of us fly out to the Cape in search of better weather, sandy beaches and breath-taking scenery. Unfortunately though, British expats and holiday makers visiting South Africa from October 1st onwards could be in for a nasty surprise.

In an attempt to tackle problems of child abduction and trafficking, new rules are to be introduced for minors entering the country. Anyone entering the country with children will be required to produce a full birth certificate for each child as evidence of legal parentage.

This is likely to put additional strain on governments around the world to issue – or reissue – birth certificates and thus enable travel. In the UK alone it can take several weeks to receive a birth certificate and this lead time is likely to worsen as demand rises later in the year.

For children who are accompanied by just one parent the rules will be even more draconian. The sole parent will not only require a birth certificate for each child under their supervision but also an affidavit. This must be signed by the other parent authorizing international travel and entry specifically into South Africa.

In cases where neither parent is present – such as school trips – further paperwork will be required. Once again, guardians will need to produce birth certificates and affidavits from the parents of all children. However in addition the guardian must present passports from both parents.

While the new rules have been put in place with the best of intentions by the South African government they are being called a “tourism, PR, economic and political disaster”. The additional paperwork required to visit South Africa in the future will not only frustrate potential visitors but also add to the costs of travel.

In addition the increased demand for such paperwork may cause delays and even holiday cancellations as most airlines are unlikely to allow travel to South Africa before production of the required documentation.

Families considering a future visit to South Africa are strongly encouraged to check the latest travel requirements with their airline in case of changes.

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Disturbing figures reveal Greater Manchester had almost twice the national rate of child abductions and kidnappings

September 10, 2014

Source: manchestereveningnews.co.uk

Police investigated 46 abductions and 20 kidnappings of children across the region between April 2013 and March this year.

GMP investigated 46 abductions and 20 kidnappings of children across the region between April 2013 and March this year.

Greater Manchester had nearly twice the national average rate of child abductions and kidnappings last year, the M.E.N. can reveal.

Police investigated 46 abductions and 20 kidnappings of children across the region between April 2013 and March this year.

The figures, released under the Freedom of Information Act by charity Parents and Abducted Children Together (PACT), show that in 2013/14, GMP recorded 2.4 incidents of the crimes for every 100,000 people. The national average is 1.3.

There were seven incidents where parents abducted their children. Parental abduction often happens when the couples separate or begin divorce proceedings.

Figures show that more than two children, on average, were abducted or kidnapped every day in England in 2013/14.

The statistics – from 36 out of 39 police forces – show that there were 504 child abductions and 302 child kidnappings between April 2013 and March 2014. In 30 per cent of child abduction cases, the child was abducted by a parent.

Further figures from the Office for National Statistics show that the number of child abductions across England and Wales rose in 2013/14 for the first time since 2004/05; from 513 to 569 – an 11pc increase.

Child abduction is the act of taking a child away from their family, carer or person who has lawful control of the child without consent or lawful justification. Kidnap is similar, but the child is usually imprisoned.

Stockport MP Ann Coffey, chair of the All-Party Parliamentary Group on Runaway and Missing Children and Adults, said: “These figures for Greater Manchester are very disturbing. It must be terrifying for a child to experience abduction or kidnapping. Everything possible must be done to return missing children as quickly as possible.

 

“We clearly need to find out the reason why Greater Manchester appears to have a higher number of abductions and kidnappings than some other areas, because it’s not clear to me why that is.”

Geoff Newiss, director of research at PACT said the figures only paint half the picture, with many abductions, particularly by parents, going unreported.

He added: “These new figures illustrate that Greater Manchester is not immune from the problem of abduction. Abduction covers a broad range of offences, including custody disputes, grooming offences, stranger sexual abuse and revenge attacks.

“A number – of all types – of abduction are not reported to the police.”

Commenting on the findings, Detective Superintendent Jon Chadwick, from GMP, said: “Although the figures are higher the national average, the number is still very small within a county that holds a population of just under three million people.

“However, protecting the children of Greater Manchester is one of the Force’s priorities and we take all reports of child abduction seriously, thoroughly investigating each case.”

Charity’s schemes will help protect children

Charity bosses are raising awareness of abduction and kidnap figures to highlight two new resources to protect children – the UK Child Abduction Hub and Child Rescue Alert.

Parents and Abducted Children Together (PACT) and Missing People are urging people to make use of the services, with abduction rates rising for the first time since 2004/5.

The UK Abduction Hub, set up with cash from the People’s Postcode Lottery, gives information and advice on child abduction.

Child Rescue Alert allows anyone to sign up to receive free alerts – by text, email or via social media – if a child is taken in their area.

Kate McCann, mother of missing Madeleine, launched the new Child Rescue Alert on International Missing Children’s Day earlier this year.

Kate McCann (left), mother of Madeleine McCann, and Coral Jones, mother of April Jones, at the launch of the new Child Rescue Alert earlier this year

Bosses say abduction comes in many different forms, of varying severity, and that government statistics do not provide the level of detail required to fully illustrate the risks.

The new services, they say, could save a vulnerable child’s life and are aimed at making sure every family across the fact knows the facts about abduction and kidnap.

 

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

August 22 , 2014

Source: Pattaya Smart

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

We will update this article soon

 

Read the full update here: Phuketgazzette

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Mother wanted for abducting own British-Thai children believed to be in Phuket

August 9 , 2014

Source: phuketgazette

PHUKET: The mother wanted for abducting her two British-Thai daughters from their natural father in Pattaya is believed to be heading to Phuket.

On Tuesday, Pattaya Police were issued an arrest warrant for 36-year-old Onwarat Gamlem, who is the non-custodial mother of the children. The warrant orders police officers around the country to arrest Ms Onwarat on charges of child abduction.

Ms Onwarat, also known by her nicknames “Nok Lek” and “On”, is to be handed over to the Pattaya City Police once arrested.

The children’s father, Robert Day, believes Ms Onwarat may have brought the children to Phuket, Mr Day’s sister, Charlotte Dillow, told the Phuket Gazette. Ms Onwarat once lived in Phuket.

“She met her current husband there, too,” Ms Dillow said.

Ms Onwarat and Mr Day are divorced. A Thai court four years ago gave full custody of the girls, Annie and Aleena, to Mr Day, with no access to Ms Onwarat, reported Pattaya103.com (story here), which broke the story.

Ms Onwarat deserted the children for 18 months when they were very young, said the report.

Mr Day took the children to the UK and has been raising them alone, but allowing them to communicate with their mother online.

At the end of May, he brought the girls, aged six and 10, to Thailand to see their mother. He allowed Ms Onwarat to take them for several days.

When Ms Onwarat did not return them on June 1 as agreed, Mr Day contacted the police, who searched her home and found it empty.

Ms Onwarat is now married to a Norwegian man who left Thailand for work on April 27. The couple have a three-year-old son, Marvin.

Also known by her previous married name Wiganda Day and her maiden name Onwarat Suphikunphong, Ms Onwarat is believed to be in hiding with her three children.

She was seen driving a white Toyota Vios, red plate registration 2995, issued in Chon Buri.

The Gazette notes that the registered address on the arrest warrant marks a residence in Pathum Thani, on the outskirts of Bangkok.

Alternatively, Ms Onwarat may be hiding out in her home province of Ayutthaya, Ms Dillow noted.

Anyone with information about the group’s whereabouts are urged to notify nearest police station or call the police hotline 191.

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Judge blocks Leicester woman’s holiday in India over child abduction fear

August 9 , 2014

Source: Leicester-mercury

A mother has been forbidden from going on holiday by a judge after her ex-husband and father of her six-year-old son objected, saying he feared he might never see them again.

The woman, who is in her 30s, insisted she had absolutely no intention of abducting her British-born son and keeping him in India, where she was born.

However, Judge Clifford Bellamy has come down in favour of the father and banned the mother’s trip.

The father, also in his 30s, was born in Leicester and the mother has lived in the city for nine years since their arranged marriage.

 

However, the mother is now living alone with her son.

The Family Court heard the father was engaged in a running battle with his ex-wife over contact with their little boy.

All three have UK passports.

The mother told Judge Bellamy she was desperate to take her son to India to meet his wider family and “explore his cultural roots”.

Denying any intention not to return to Britain, she said she no longer viewed India as her home.

The judge was told her son was doing well in an English school and that, for 18 months, she had been in a new relationship with a man who had a steady job in the UK.

He was also told that divorced single mothers were disapproved of in India.

However, Judge Bellamy said India had not signed up to the Hague Convention – which enshrines the international ban on child abduction.

If the mother failed to return to Britain with his son, the father would face a formidable challenge fighting his case through the Indian courts, the court heard.

Experts had reported that it was in the boy’s best interests, culturally and emotionally, to form a strong relationship with his father.

Despite her new relationship and her British citizenship, the mother had no family ties in the UK and spoke only broken English, the court was told.

Blocking her holiday plans, the judge said there was “a risk” that she might try to keep her son in India.

 

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When Your Ex Emigrates With Your Children

August 4 , 2014

Source: separated dads

The modern world is getting smaller, with more and more people living and working abroad.

It’s no surprise that the number of international families is on the increase but what happens to the kids when these relationships break down and the mother wishes to return to their home country with the child? What rights does the father have?

Your Rights

If both parents have parental responsibility for a child it is a criminal offence in the UK to emigrate with a child without the permission of the other parent or without an order of the Court. Parents have Parental Responsibility for children in the following circumstances:

1. The Mother – always has PR
2. The Father – if he was married to the Mother, or if he was named on the birth certificate and the child was born after 1st December 2003 or if there is a PR agreement stamped by the Court

Outcomes

There are 4 outcomes if one parent wants to take the child abroad to live permanently:-

1. Permission refused by the Court and the Mother abandons her plans or the child moves to live with the Father
2. The Mother and child emigrate with the Father’sagreement
3. Lawful removal of the child by the Mother
4. Unlawful removal of the child by the Mother

Outcome 1 is self-explanatory but let’s looks at the other 3 outcomes in more detail:

Outcome 2 – Emigrate with Father’s Agreement

Where the parents reach an agreement which permits one parent to move abroad with the child whist ensuring that they maintain a good relationship with the other parent. International travel is much cheaper and often parents agree a schedule of annual contact involving return trips to the UK in the school holidays and weekends and visits by the non-resident parent to the child’s new home. Other forms of contact can be agreed upon such as Skype, telephone, email and Face time.

 

In these circumstances it is always wise to apply to the Court to request an order in the agreed terms to prevent any problems further down the line. A court order may also be required by the immigration authorities if the proposed move is by a non-national who requires a Visa. Depending upon the Country where the child is going to be residing, it may be necessary to obtain a mirror order in the new state reflecting the terms of the English Court order. You cannot assume that Court Orders made here are enforceable abroad. If the move is to an EU country the order would be directly enforceable but unless the English court order expressly retains jurisdiction, it will pass to the new state after 3 months and in theory an application could be made in the new state to vary the agreed terms. If the new home is a signatory to the Hague Convention, the Central Authority in London can assist in enforcing a contact order abroad. If the new home is outside the EU and is not a signatory to the Hague Convention, for example Arab States and the Far East, retaining jurisdiction here or obtaining a mirror order is the best form of protection.

Outcome 3 – Lawful Removal of Child

Where parents cannot agree it is necessary for the parent wishing to remove the child to apply to the Court for permission to do so. If permission is granted, contact will also be ordered. This will then result in the lawful removal of the child. Depending on the child’s destination and whether that country would enforce the English Court order (as in EU Countries) it may be necessary to obtain a mirror order in the new home country to ensure contact is maintained. See above ” 2 .Agreement”

Outcome 4 – Unlawful Removal of Child

Where parents cannot agree and the parent wishing to leave simply takes the child without permission, this is parental child abduction. It is a criminal offence to remove a child from the UK without the permission of the other parent or order of the court (save for where the parent has a residence order and removal is for less than 28 days). If you suspect that your child has been taken abroad you will need to access specialist legal advice immediately. In some cases it is possible to stop a child leaving the country by notifying the ports and airports who will place the child’s details on a watch list. If the child has already left the UK, a lot will depend upon where they have gone and whether that country has an agreement with the UK to return wrongfully removed children. There are unfortunately circumstances where children are not returned which could result in the child losing its relationship with the other parent.

If you are separated from your child’s mother and these issues arise for you it is important that you obtain specialist advice from a family lawyer with an international background which will enable you to consider the best way forward for you and for your child to ensure your relationship is maintained.

About the Author

This was a guest post written by Louise Halford, a family law Partner at Pannone LLP who specialises in child abduction.

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UK-Russia child abduction still a problem but new law may help

August 1 , 2014

Source: spearswms.com

 

 

With more and more Russians heading to the UK, it’s important to take into account the newly amended Hague Convention on international child abduction. But the UK government still fails to do enough for aggrieved parents

 

 The wheels of international law turn slowly. On 1 October 2011, Russia became the 86th signatory of the Hague Convention of October 1980 on the Civil Aspects of International Child Abduction. However, it was only in June last year that the UK recognised Russia’s accession under its own domestic legislation.

With a significant Russian presence in the UK and with an increasing trend of Russian parents placing their children in UK schools, it is important for Russians either coming to the UK or returning to Russia to understand the effect of this recent development.

Research conducted by the Foreign Office suggests that half the UK population think that when a child is abducted it is the responsibility of the government of the country where the child lived to seek and return the child. The stark reality is that little government help is provided and it is up to the parent, at a time of great emotional distress, to instruct a lawyer and pursue recourse via a private application through the court system.

Pictured above: Gentlemen about to discuss the first Hague Convention in 1899, which regulated conduct during warfare.

The convention harmonises the resources from country to country to ensure that children who have been removed from one signatory country to another can be located, apprehended and returned to their parent or guardian in their country of habitual residence, to minimise distress and harm to the child.

Without the convention and the reciprocal legal framework it provides between countries, the return of children can prove more time consuming, costly and ultimately distressing for the child.

Article 3 of the convention states that a child is abducted where:

A) The child habitually resides a country that is a signatory to the convention. The actual nationality of the child or parents is unlikely to be significant in most abduction cases.

B) The child is removed abroad or is being detained there without the permission of their legal guardian in breach of that person’s custody rights.

C) The child is under sixteen years old.

The reality is that harmonising international law is seldom straightforward and the convention is no different. One such difficulty is that the implementation of the convention from state to state can differ in significant ways. Indeed, Hague can conflict with domestic laws.

For example, in Russia, children can be taken abroad by one parent without written permission from the other but that would be considered a crime in many signatory countries of the convention.

Thus a paradox may be created where a child could be taken from Russia to England by one parent without the consent of the other, but as Russia is now a signatory to the convention, a child who is habitually resident in England but who is taken without consent to Russia would be required to be returned by the Russian authorities to the UK.

It is uncontroversial to say that some signatories are more willing to deploy resources to a child abduction incident that others. Russia, has not fared particularly well in this regard historically.

Last year the European Court of Human Rights decreed that Russia had breached a mother’s human rights under Article 8 (which includes a right for a parent to have measures taken by national authorities to reunite them with their children from whom they have been separated) because it took the authorities three years to reunite the boy with his mother.

Conversely, the first British/Russian convention case was settled in November last year; the Russian courts ordered the return of five- and seven-year old boys to their habitual residence in England after they were taken on holiday to Russia by their Russian father, who then failed to return with them.

The complexities that can arise in child abduction cases, combined with public ignorance of the law regarding the removal of children from a country, and the increasing international demography of the UK, particularly London, makes for a combustible mix of factors.

It is stating the obvious to say that foresight is preferable to an international child abduction battle which can and probably will be emotionally distressing and possibly damaging for the child or children involved. Communication between parents, possibly with legal assistance to clarify parental rights, will be effective to prevent a situation arising where the convention needs to be invoked.

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