Custody Agreement and Visitation Violations – Warnings of Parental Kidnapping?


Source: child custody

This is the third time this month that your ex-spouse shows up late to return your child after visitation.

-Maybe it is the second time he or she asks your permission for the child to spend the night over, three hours after the child was supposed to be returned. While some of these behaviors are typical of a normal parent child relationship, they could also be signs of an imminent child abduction attempt by your ex-spouse.

The study “Issues in Resolving Cases of International Child Abduction by Parents” conducted by the United States Department of Justice’s Office of Juvenile Justice and Delinquency Prevention (OJJDP) in 1998, revealed many interesting findings regarding the wrongful practice of parents kidnapping their children after losing a custody fight. Parental kidnapping – also known as parental or child abduction- is the act of removing and retaining a child in violation of a custody and visitation order.

The child can be removed from his or her habitual residence to another state or even another country. In any case, it is a serious issue. Child abductions are penalized by civil and criminal laws. In the civil context, the abductor’s parental rights will almost certainly be terminated. He or she might also face criminal charges leading to incarceration.

Nearly one half of the reported abductions in this study revealed that the kidnapping occurred during a court-ordered visitation in which the child was never returned.

Parental kidnapping is not very often the case of a sudden or spur of the moment decision. A long and methodic planning usually precedes every kidnapping. You might be able to tell that your ex-spouse is planning something devious if you see some of these signs:

Visitations are regularly prolonged by the non-custodial parent.

The non-custodial parent fails to follow up with the visitation order.

The non-custodial parent starts to show a deep and constant need to be closer to the child.

The relationship with the child becomes the center of the non-custodial parent’s life.

The non-custodial parent starts putting money away for his or her plan.

The non-custodial parent shows up at school and doctors’ offices to request copies of your child’s records.

The non-custodial parent starts studying a foreign language, or travels to another state or country, in which he or she had family or used to live years ago.

You start to notice that your child is withdrawing from you.

The study conducted by the OJJDP showed that younger children were the preferred victims of abductor parents, perhaps because they can offer less resistance. Another interesting finding of this study was that in the cases in which the child was recovered, the period of separation lasted less than one year. Thus, the sooner you report the abduction to local enforcement agencies, the more likely your child will return home promptly. After more than 5 years, recovery is highly improbable and not favored by the courts.

You can prevent your child’s abduction. You must be tough with your ex-spouse when he or she shows up regularly late to return your child. One thing you must do is to warn him or her that the violations of the visitation plan will not be tolerated, and that next time you are going to notify the courts. If you won your child’s custody over a high conflict divorce proceeding, you should always keep records of your ex-spouse’s employment, driver’s license, auto tag number, address and some of his or her friends‘ names and phone numbers, if possible. This will help authorities as they attempt to search and locate your child.

Get more information about custody agreements and find how how to create your perfect child visitation schedule.

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

International child abduction to Mexico


Mexico is amongst the world’s most popular sources and destinations for international child abduction while also being widely regarded as having one of the least effective systems of protecting and returning internationally abducted children within its borders.

To help protect abducted children Mexico signed on to the United Nations Convention on the Rights of the Child in 1990, the Hague Convention on the Civil Aspects of International Child Abduction in 1991,[1] and the Inter-American Convention on the International Return of Children

Since adhering to the Hague Abduction Convention, the world’s most recognized and utilized instrument for addressing international child abduction, Mexico has been repeatedly criticized for enjoying the benefit of having its treaty partners protect Mexico’s own internationally abducted children, while being consistently non-compliant in fulfilling its reciprocal obligations to protect and return children abducted to Mexico. To date its procedures for enforcing its treaty obligations are unpredictable and entirely ineffective. The Centre for International Family Law Studies in Cardiff, Wales compared seven jurisdictions, including Mexico. The conclusion was that Mexico was by far the worst offender in its failure to return abducted children.

Merely because a country is a party to the Hague Convention does not mean that it will effectively enforce its treaty obligations. For example, the U.S. State Department has asserted that Mexico is “non-compliant” with the terms of the Convention. U.S State Department Report on Compliance with the Hague Convention on the Civil Aspects of International Child Abduction, 2004. Mexico’s noncompliance results from the following problems:

  • Mexico has not enacted any legislation to implement the Hague Convention, which has not been integrated into the Mexican legal system.
  • The Mexican Central Authority has no law enforcement powers and Mexican law enforcement agencies make no serious efforts to locate parentally abducted children.
  • The burden of finding an abducted child in Mexico is left entirely to the left-behind parent. Mexican authorities provide no effective help and if the child cannot be located, nothing happens.
  • There is an apparent lack of understanding of the Convention among the judiciary in Mexico.
  • The Mexican Central Authority does not have adequate resources to perform its functions under the Convention.
  • The “amparo” (a special appeal in Mexico claiming a violation of constitutional rights) is used by taking parents to block Hague proceedings indefinitely.
  • Mexican courts are able to reconsider the facts of a Hague at any stage of the proceeding, which allows proceedings to be prolonged substantially.

Accordingly, custody orders concerning parents with strong ties to Mexico must be drafted so as to minimize the risk that the child will be taken to that country. It would be reckless to permit a Mexican parent who has expressed a desire to move to Mexico, and who has strong family or business ties to Mexico, to take a child into that country for a visit, regardless of the conditions that may be imposed to encourage the parent to bring the child back to this country.

The State Department’s 2004 report establishes that similar concerns exist with respect to Austria, Colombia, Ecuador, Honduras, Mauritius, Turkey and Romania and, to a somewhat lesser extent, several other countries.

Follow our updates on Twitter and Facebook

Testimonials from our clients

profile pic.jpgdroppedImage_7TM

download (2)

ABP World Group™ Risk Management

Contact us here: Mail 

Skype: abpworld

NOTE: We are always available 24/7