Emergency Help Me App For Child Abduction – Hero

July 21, 2012

Source: Smarterapps

Good Morning American contributor and child abduction victim Elisabeth Smart is helping to publicize a new app to help children in danger.  The free app is called Hero, and is available at http://www.apptooth.com/Hero   There are versions for iOS and Android.

When in an emergency situation, the user presses the “Help Me” button.  The smartphone then streams audio, video, and GPS location to not only preselected numbers, but everyone within a five-mile radius.  A parent can also use this app to send a picture of a child to everyone within a five-mile radius.

According to Smart, “I can’t say for sure it would have prevented me fromp being kidnapped, but if I did have the app with me, it has a location device that drops a pin exactly where you were at.  Every single person can be a hero.  Every person can make a difference.”

High Country Apps, located in Bozeman, Montana, has developed an app called “Flora of the Yellowstone.”  The app helps users identify flowers, bushes, trees, and grasses native to Yellowstone National Park.  The app costs from $7.99 to $9.99, and has versions for Kindle Fire, Android Tablet, iPad, and iPhone.  It is available at http://www.highcountryapps.com, and in the app stores of Google Play, Amazon, or Apple.

The app was created by software developer Katie Gibson and conservationist consultant and author Whitney Tilt.  It is based on Tilt’s book, “Flora of Montana’s Gallatin Region.”  High Country Apps also plans to release a similar app for Glacier National Park.

Apple just released a podcast app which allows users to subscribe to podcasts of their favorite shows and have them downloaded automatically.  This replaces Apple’s Music app, and has solved many of the problems that generated complaints on the Music app.  The app has been described as allowing users the same level of convenience on their iPhones that they previously had with iTunes on their desktops.

The app is free, and is expected to be included with the next operating system, iOS 6.  The advantage of the podcasts app is that many other apps are streaming only, which consume lager amounts of 3G time and battery power.  The app also returns podcasts to the iPad, whose version of the Music app no longer had a category for them.

Apple also announced that the new Google Chrome app is the most-downloaded free app for both the iPhone and iPad.  Both devices have dedicated versions of the app, designed to maximize the advantages of each format.  The apps have many of the same features of the computer browser, including tabbed browsing, and an integrated search and address box.  It also has an incognito setting which allows the user to browse without being tracked.

Users can also use the mobile Google Chrome app to view their bookmarks, passwords, and open tabs from other devices running Chrome, including computers.  The app also allows the user to send web pages from a PC to an iOS device for remote reading.  As of this writing, out of 3,574 users who have rated the app, 2,855 have given it the highest rating of five stars.

A new app called Wickr has been created for all iOS devices.  The app encrypts all communications, including email and text messages.  It makes them “uncrackable” and untraceable.  Users can destroy communications after receiving them, and no trace of them are left on the devices.  Wickr plans on having a version of the app for Android smartphones and tablets on the market soon.

The app was created by a cadre of hackers and security specialists, including computer crime investigator Christopher Howell, former military network security officer Kara Coppa, security technology engineering professor Robert Statica, and Nico Sell of Def Con hacker gathering fame.

Wickr will soon have versions for laptop and desktop computers and popular email programs.
The app is free, and users will be given the option to purchase an enhanced version.

Simultaneous with the release of the movie, “The Amazing Spider-Man,” Gameloft has released a game app called “The Amazing Spider-Man.”  The app is $6.99, and is out in versions for both Android and iOS devices.  The app takes full advantage of Apple’s new graphics, and the game reportedly looks a lot like the user is “inside the movie.”

The mechanics of playing the game are simple, and allows the user to control Spider-Man on a total of 25 missions, with maneuvers such as wall-climbing, web-shooting, and swinging through the air from building to building.  The game also has a combat mode, and the user can “purchase” new skills and moves by amassing “points,” or can actually purchase them with money.

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Mediation No Help in Child Abduction Case

Source: Fathersandfamilies.org

November 9th, 2011 by Robert Franklin, Esq.

I’ve said many times that mediation in custody matters is no better than the underlying law and practice of the court.  After all, mediators have little power over litigants.  Mediators just try to get the parties to make a deal rather than have a judge decide the matter for them.

There are a lot of reasons why mediated settlements can be a good thing.  For one thing, the parties tend to be more satisfied with them than they are with the winner-take-all judgment the court issues.  That’s in part because they feel like they have input in the mediation that they don’t have in court.  They can also make agreements on matters that the court is powerless to rule on.  So, on balance, mediation has a lot to offer.

But what parties agree to is necessarily a product of what they think their chances are in court.  So if one party thinks a judge or jury will award him a large monetary verdict in a civil case, he’s not going to be very motivated to settle for less.

And so it is in custody matters.  A husband and wife can mediate till the cows come home, but if the wife knows to a certainty that the judge will give her the kids and him every-other-weekend visitation, why would she settle for less?  Oh, she might do so out of the goodness of her heart, and sometimes that happens.  But a system that depends on the good will of one of the parties to a notoriously acrimonious dispute – i.e. divorce and custody – is bound to fail more often than it succeeds.

So the concept of mediation as the cure-all for what ails custody cases is misplaced.  If laws and judge’s biases don’t change, there’s little mediation can do to help.

This case is a perfect example (Seattle Times, 11/7/11).

Solomon Metalwala, originally from Pakistan and Julia Biryukova, originally from Ukraine, were married in the United States in 2003.  They have two children, Maile, 4 and Sky, 2.  The couple had debt problems, but more than anything they suffered from Biryukova’s mental illness.  Between March of 2010 and the present, she’s been committed three times to mental institutions and diagnosed with a severe form of obsessive-compulsive disorder, that one psychologist said did not rise to the level of psychosis.

During the bitter divorce, Biryukova leveled child abuse allegations at Metalwala, investigations which were ruled to be unfounded.

So, on the one hand there’s the mentally impaired mother with a history of making false allegations of child abuse against the husband, who on the other hand, seems to be a perfectly capable, loving father.  In a sensible family justice system, he’d get custody and Biryukova would get visitation, probably supervised by social workers.

But our family justice system isn’t sensible; it’s Mom-centric, and, as I said above, no amount of mediation will change that.  So when the two went to mediation, what they agreed to looks like pretty much what they and their lawyers figured they’d get from the judge if he/she was required to rule.  Biryukova got primary custody and Metalwala got visitation.

But even that turned out to be too much for Biryukova.

[Attorney Leslie Clay] Terry said the mandatory mediation in which the couple participated last week was intended to bring a close to the bitter divorce. Both parties had compromised, he said, and an agreement that granted custody to Biryukova but allowed visitation with Metalwala was signed by both.

“On Friday, she called and said she’d felt pressured and wanted to void it,” Terry said.

Two days later, 2-year-old Sky disappeared while in Biryukova’s care.  Here’s what she told police happened:  she and the two children were driving in her car when she ran out of gas.  She and Maile walked a mile to the gas station, got gas, called a friend to come pick them up and, when they returned to her car, Sky was gone.

Police said there was no sign of forced entry into the car nor was there a gas can or any indication of car trouble. Police said the car started right up.

The police and the FBI are now searching for Sky.  He’s not with either parent, but the chances Biryukova is telling the truth are slim-to-none.  Someone has the child and that someone is conspiring to hide the boy from his father.  Such, at any rate, is my take on the situation.

No arrests have been made at this time,” [police officer Carla Iafrate] said. “All possibilities of what may have happened to the child are being investigated.”

She said there are still “many unanswered questions.”

You bet there are.  But however they’re answered, we all hope that little Sky is unharmed.  My money says he’s in the care of Biryukova’s co-conspirator.

With any luck, Biryukova will come clean about what she’s done with the little boy.  My guess is that will happen soon.  If so, it’ll be interesting to see what the family court judge does with the new information.  After all, if my take on the case is correct, we can now add an attempt to deprive Metalwala of his son forever to Biryukova’s previous maternal shortcomings.  Into the bargain, she’s needlessly involved the police and the FBI in her charade.

Will that be enough to convince the judge that Biryukova’s not fit to be a parent?  The fact that the local child welfare agency has taken Maile into care suggests caseworkers there think she’s not.  But of course they’ve also refused to give the girl to her father for reasons no one has yet explained.

So, despite everything, Solomon Metalwala is still being treated like a second-class citizen when it comes to his children.  Do we really expect a court to behave differently?

Maybe they should let a mediator decide.

Published by: ABP World Group International Child Recovery Services

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Attorney advise non-custodial parents to request the children’s passports be held by the Court

A TIP FOR PREVENTING PARENTAL ABDUCTION OF A CHILD TO A FOREIGN COUNTRY

CNN posted an article in October of 2009 that raised the question about what a parent can do to prevent child abduction. According to the article, Christopher Savoie, an American father, was granted full custody of his children by a Tennessee Court after learning that they were removed to Japan without his consent by their mother. He went to Japan to retrieve the children and was put in jail for his attempt to abduct his own children.

Japan is not a signator to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

Mr. Savoie was arrested by Japanese police officers called by the children’s mother when he attempted to take the children to the American consulate to obtain their passports to return to the U.S.

In cases involving worries of abduction, I advise non-custodial parents to request the children’s passports be held by the Court. A passport may be issued to a parent with sole custody, and any parent with worry that the other may abduct the child is encouraged to push for a joint legal custody order, to prevent the unconsented-to issuance of a passport. Additionally, when parties settle, I include language indicating that Minnesota shall have sole exclusive jurisdiction over custody and parenting time disputes. However, I also advise my clients that I cannot guarantee a foreign Court will feel bound by that language.

The U.S. State Department’s web site for obtaining a passport for a minor child can be reached at http://travel.state.gov/passport/get/minors/minors_834.html.

The passport application form specifies the document requirements to obtain a passport, which include:

To submit an application for a child under age 16 both parents or the child’s legal guardian(s) must appear and present the following:

• Evidence of the child’s U.S. citizenship,
• Evidence of the child’s relationship to parents/guardian(s), AND
• Parental/guardian identification.

 

IF ONLY ONE PARENT APPEARS YOU MUST ALSO SUBMIT ONE OF THE FOLLOWING:

• Second parent’s notarized written statement consenting to passport issuance for the child,
• Primary evidence of sole authority to apply, OR
• A written statement (made under penalty of perjury) explaining the second parent’s unavailability.

Cooper & Reid, LLC is a Minnesota law firm focusing on family law and social security disability matters for clients of modest means. Our community-focused practice brings many years of experience and high-quality legal representation to those who might not otherwise be able to afford it. We offer sliding scale fees to low-income clients and innovative representation arrangements for pro se litigants. Find out more about Cooper & Reid, LLC at www.cooperandreid.com 

Published by: ABP World Group International Child Recovery Services

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Six warning signs of possible child abduction

The incidence of international child abductions is greater than official figures reveal.

Some of the warning signs of impending abduction include:

1. The other parent is planning a trip out of the country with your child;
2. Your ex-spouse is coming from overseas, and you are worried they plan to abduct your child;
3. Your ex-spouse wants you to co-sign your child’s passport without good reason;
4. Your  child is a citizen of a country which allows one parent alone to apply for the child’s passport and you have a fear of child abduction;
5. The other parent has a home, a family or other connections overseas and you are concerned that there is no reason for them to stay in your country;
6. The other parent has no substantial property or employment in your country, and nothing keeping them here.

In addition, you should obtain urgent legal advice if:

1. The other parent has already left the country with your child;
2. You are not sure if they plan to return or if you believe they will not return;
3. There is a link to overseas family or property;
4. There is no other significant link to your country.

If any of the above applies to you, you should make an urgent appointment to see a family lawyer for further advice specific to your situation.

How to search for an abducted child

What steps can you take if you want to know the location of a child who you believe has been abducted? Under the Family Law Act, certain people can apply for a location order in relation to a child. A location order is an order made by a court that requires a person to provide information about a child’s location to the court.

The following people can apply for a location order: (Australia)

• a person who a child is to live with in accordance with a parenting order;
• a person who a child is to spend time with in accordance with a parenting order;
• a person who a child is to communicate with under a parenting order;
• a person who has parental responsibility for a child under a parenting order;
• a grandparent of a child;
• any other person concerned with the care, welfare or development of a child;
• For the purposes of the Child Protection Convention, a person (including the Commonwealth Central Authority) may apply to a court for a location order.

If you suspect a child is about to be abducted and taken out of the country you need to act quickly.

Source: Armstrong Legal

 

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International Parental Child Abduction – Re-Kidnap / Re-Abduction

This is what The U.S Department of State recommend parents of abducted children. We disagree. Recover your child as quick as possible, before they get alienated or worse.

Source: U.S Department of State

We strongly discourage taking desperate and possibly illegal measures to return your child to the United States.  Attempts to re-abduct your child back into the United States may:

• Endanger your child and others;
• Prejudice any future judicial efforts you might wish to make in that country to stabilize the situation; and
• Result in your arrest and imprisonment in that country — If you are arrested, the foreign court will not necessarily give weight to the fact that you might have custody of your child in the United States, nor will the United States Embassy be able to secure your release.

If you do succeed in leaving the foreign country with your child, you and anyone who assisted you may be the target of arrest warrants and extradition requests in the U.S. or any other country where you are found.

Finally, there is no guarantee that the chain of abductions would end with the one committed by you.  A parent who has re-abducted a child may have to go to extraordinary lengths to conceal his or her whereabouts, living in permanent fear that the child may be re-abducted again.

IMPORTANT NOTE: United States Consular officers cannot take possession of a child abducted by a parent or aid parents attempting to act in violation of the laws of a foreign country. Consular officers must act in accordance with the laws of the country to which they are assigned.

Emotional Consequences for Your Child:

If you are contemplating such desperate measures, we advise you to consider the emotional trauma inflicted on a child who is a victim of abduction and re-abduction. We discourage re-abduction not only because it is illegal, but also because of possible psychological harm to the child.

ABP World Group Ltd. can help you if your children are abducted or kidnapped. Our skilled operators can locate and recover your child from any country or region in the world.

Published by: ABP World Group International Child Recovery Services

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Abducted Children – We can bring them back

ABP International Child Recovery Service

The goal of Abp World Group international child recovery services 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.

Areas of expertise: Parental abduction, Missing children, Kidnappings,
Runaway children and Counselling.

Unfortunately in this day and time parental kidnapping happens and we are here to help you trough this difficult period.
We are aware parental child abduction can be difficult to resolve, but we use professional operatives with the skills and expertise to help find a resolution.

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

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Parental Child Abduction – A Mother`s story

Published by: Bortført.no

My story

Foto: Marie von Krogh

ABDUCTED TO NORWAY

During a visit to Jersey UK where I lived with my three children for whom I had custody, I made the fatal mistake of letting my Norwegian ex husband take them to school on day. They never arrived. Instead they were abducted by him and his father and smuggled off the Island by private boat to France some 10 miles away by sea, where the grandfather had cunningly placed his Norwegian registered car ready to travel through Europe up to Denmark where they would all take the ferry to Norway the next evening. The children had no passports or ID, and my ex husband admitted that he had planned it all. He had also forged my signature to register the children in the Folk register in Norway. He did not submit the Court Order or the true documents.

The Jersey Court immediately issued an Order for the return of the children with an attached Arrest Warrant, which was faxed to the Police after Kristiansand Port Authority had confirmed they had arrived in Norway.

A false petition made by his Norwegian lawyer was also submitted to the Court prior to their arrival in Norway, and this petition was completely untrue, false in everyway, made with the sole intention to deceive the Court. Attached to it were the illegal registration forms from the Folk register and a forged letter that he claimed I had signed to give him custody of my children. Again, he did not mention or submit the valid Court Order or the Agreement he signed. He knew he would not have been able to register the children if he had.

The British Embassy in Oslo, UK Foreign Affairs Office and the Jersey Royal Court requested Norway to respect my Court Order and return the children. Norway dismissed this. The Attorney General in Jersey contacted the Justice Department in Norway requesting it take into account that the Hague Convention on child abduction in Jersey was about to be ratified, again all requests were rejected. When his next letter asked for the case to be resolved through “Judicial comity”, an action between countries to try to resolve disputes in diplomatic ways, this request did not even receive a reply.

During a hearing in the District Court, the judge concluded that there was no reason to return the children to Jersey, and no evidence or documents suggesting they should be. It was clear the judge failed to read the requests, Court Order and all other evidence, but it is my view that this was all deliberately ignored.

During a hearing in the Court some months later, his Norwegian lawyer stated that she knew of my ex husband’s intention to abduct the children and had drawn up the petition with him prior to him leaving Norway. He himself also stated that he had planned it all for a long period with the help of his lawyer and the Norwegian Consul in Jersey, and he had also had taken advice from the Norwegian Ministry, whom he stated all advised him that the best way to get custody of the children was to ensure he got them to Norway as quick as possible and applied for custody there as he would be favored.

Evidence of the statements they made were submitted to another Court later, which further showed the extent of the Norwegian Consul’s involvement, and proved that my ex and his father had kept the Consul fully informed of the progress of the abduction as they headed to Norway after abducting, and further to inform him they arrived in Norway, and again months later, to inform him of the progress.

The Consul, who was fully aware that there was an existing High Court Order in Jersey for which my ex husband had no rights of custody and no right to remove the children from my care, did nothing. He alerted no police and no authorities Instead, he chose state to my lawyers that although he was informed during many meetings with my ex husband that he wanted to abduct them, and he said he was in Jersey to help Norwegians, not Jersey people. Even after being told of the abduction and knowing my ex husband’s whereabouts, he failed to advise the Police who could have detained him and my children at that point, and prevented them traveling further.

In Court he also lied at first stating quite strongly that he was annoyed his name had been mentioned as he did not know who my ex husband or his father were. He said he had ever had any contact with either of them and had actually never heard of them…. Until however, when confronted with transcripts of his own written evidence by way of letter to me, and also in documents submitted by my Jersey lawyers, his memory returned very quickly and precise.

The judge however, even being aware of all the lies told in Court from my ex’s side, against all the extensive evidence proving my case, against the Court Orders, and also after hearing my ex husband’s own statement of how he had carefully planned the abduction with the help of his lawyer and the Norwegian Consul, took my children and dismissed me as the children’s Mother.

He gave me only 4 hours a week visitation under strict supervision, stating that the FATHER had to be safeguarded against me taking my children home!

And so began a 6 year battle in the Norwegian Courts at all levels, judges who persistently refused to take into account any evidence or background of my children’s lives before Norway. Judges who continuously deprived not only me but my children of their Mother, and made it impossible for me and my children to have any real relationship like we once had or any decent contact for that matter, against all the evidence of what my ex husband did. They did not care he forged my signature, prevented my access, or how he used the children for his own gain, the law was “irrelevant” to him.

My children were happy children. There has never been any history of abuse, alcoholism, drugs or anything untoward in our family. My children had a nice home, a close family, many friends, they were settled in school and most of all, they had a Mother who loved them but all of this accounted for nothing in the Norwegian Courts.

In Norway, it’s okay to abduct children – as long as you are Norwegian”. You can forge documents and give them to authorities because its “irrelevant” or “not valid for the question”. There is no law for Norwegians. The Norwegian authorities actually help their citizens abduct children from abroad, regardless of circumstances or other countries Court Orders.

For 6 years I have been treated like a criminal and subjected to horrific injustice. Many Christmas’s and birthdays with gifts only exchanged in front of impersonal visitors and mostly behind a locked door, never alone. No cuddling or talking with my children as this was seen as me manipulating my children with love. The emotional stress of hearing your child whisper in your ear “take me home Mummy”.

The Court said this was how it had to be as there was a risk I would take my children home to Jersey. Yet I never abducted my children to Norway. He did. But as I was not Norwegian, I was put under strict and extreme conditions, the type of interaction I was allowed with my children is the same given to parents in severe child welfare cases, incest, molestation, family violence, alcoholism and drug addicts, murderers. And all because I had legal custody of my children and we lived in Jersey, but the father wanted them to live in Norway.

I was convicted on assumptions and presumptions by the Courts, penalized by so called “experts” named psychologists and child welfare services who did not have a clue about the situation at all, all who said my children’s lives were “irrelevant” before they got to Norway, and all  who sided with my ex husband and his lies. They all wiped out my children’s previous life. All that mattered was Norway. Their background was unimportant, not relevant they all said. Anything and everything was used against me, yet nothing was said about him or what he did or how he was manipulating the children to his advantage with extreme Parental Alienation… Nothing was either mentioned about his lies. The Court said he did nothing wrong in abducting my children against a Court Order. They looked for ways to praise him instead of seeing him for the calculating lying manipulative abductor that he was.

Legal witnesses were dismissed as irrelevant with judges stating that I had been given too much advice, was focused on the law instead of the fact my children were in Norway, referring to me being the abductor for taking my children home after my marriage failed, having spent only some 200 days in Norway during a temporary reconciliation of marriage period, all despite the fact that I had rights of custody and legal agreements in place.

I moved to Norway to be near my children after they were abducted. Even then I never got a fair hearing. There has been no equality in the law for me.

What is very clear however is that if you’re Norwegian it’s accepted by the Courts, the Norwegian Ministry, the authorities, the psychologists, everywhere you look, it’s accepted for you to go to other countries and abduct your children against your spouse’s custody rights and Court Orders without any fear of repercussion in the Norwegian Courts for doing it. And we only have to look at the Skah case to see this.

Sadly for me, there were no Jersey Elite Soldiers with ties to the UK Intelligence Service to smuggle my children out of Norway back to Jersey on a sailboat. I took the legal route and abided by the law… did it help me?… NO!

Norway took my children regardless of the law. They ripped a Mother out of the lives of three small children whom they had lived with all their life, a happy life full of love and security. They gave them to their abductor on a silver plate after a well planned and calculated abduction by their Norwegian father and grandfather!

This is how Norway treats foreign parents.

Published by: ABP World Group International Child Recovery Services

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Er det greit å bortføre egne barn til Norge?

Kilde: Bortført.no

Britiske Christines tre barn, 10, 9 and 5 år gamle, ble bortført fra Jersey til Norge i 2005 av sin norske far. Christines ublide møte med norske myndigheter skildres i A-magasinets artikkel ”Dømt til å tape” 11.03.11.

Etter borføringen valgte Christine å flytte til Norge for å være nær barna. Henne ubeskjedne ønske om 50 % omsorg for barna ble avslått av norsk rettsvesen, og domstolen valgte i stedet å gi henne noen usle timers samvær under rigid tilsyn av farens venner, av frykt for at moren skulle ta med seg barna tilbake til Jersey. Barnebortføreren fikk altså rettens beskyttelse, mens moren som ble frarøvet barna ble straffet. Gerard Baudains, tidligere parlamentariker i House of Lords, sier til Aftenposten: ”Det norske rettsystemet er like korrupt som et hvilket som helst land i den tredje verden.” Foto: Marie Von Krogh

I norske domstoler blir familiesaker hemmeligholdt som om rikets sikkerhet skulle stå på spill. Angivelig er årsaken at individet skal skjermes, men når man ser hvilke represalier mennesker som prøver å eksponere domstolene blir utsatt for,synes det som om det egentlige målet er å beskytte domstolene.

Når britiske parlamentarikere sammenligner det norske rettsystemet med tilstander man finner i Uganda, maner det til ettertanke. For eksempel er det uforståelig for briter at norske domstoler ikke benytter stenografer eller lydopptak. Like ubegripelig er det at sakkyndige psykologer skriver lange rapporter med bombastiske konklusjoner etter kun å ha snakket med et menneske i 45 minutter. Der er også problematisk at den samme gjengen sakkyndige begår liknende overgrep i sak etter sak. I Storbritannia og andre vestlige land finnes det standardiserte rutiner for bruk av sakkyndige, men altså ikke i annerledeslandet Norge.

Christine flyttet etter de bortførte barna sine, og norsk rett straffet henne med en samværsordning som ikke kan kalle noe annet enn nedverdigende og en belastende for både mor og barn. Aftenpostens journalist Karine Østtveit beskriver det slik: “Det er denne typen samvær foreldre i tunge barnevernssaker får; de samme smulene av familieliv som rusmissbrukere og voldsdømte kan bli tilkjent. I Christines tilfelle var det aldri snakk om rus eller vold. Dommerens frykt for at hun skulle ta med barna ut av landet, førte til at hun mistet både foreldreansvaret og normalt helgesamvær. – En vanlig ressurssterk norsk mor ville aldri fått så lite samvær . Det er ingen tvil om det, mener advokat Tone  Linn Thingvold.”

Norsk rettsvesen like korrupt som i Uganda?

Jersey er en kronbesittelse av Storbritannia, og innbyggerne har britiske pass. Selv om Jersey har sitt eget innenriksstyre, styres utenrikspolitikken fra London. Jersey er en av De Britiske Øyer og Storbritannia har tiltrådt Haagkonvensjonen, slik at det ville være naturlig om norske myndigheter betraktet disse tre barna som britiske statsborgere (hvilket de er) og returnere dem i samsvar konvensjonen. I stedet har Justisdepartementet og domstolen drevet juridisk flisespikkeri og definert Jersey utenfor britisk konvensjonsområde, uten å begrunne hvorfor – et trekk som gjerne deles med land vi helst ikke liker å sammenlikne oss med.

Christine forteller at barnas farfar, som foretok selve bortføringen sammen med sønnen, er en innflytelsesrik mann pensjonert fra ledende stilling i Statoil. Det er også påfallende at farens prosesskriv var forfattet, og at barna var registrert i Folkeregisteret, med morens forfalskede underskrift, i god tid før bortføringen fant sted. Barnebortførerne hadde også drevet lobbyvirksomhet hos Justisdepartementet.

Den britiske parlamentarikeren Gerard Baudains (bildet) sendte en diplomatisk note til Justisdepartementet hvor han anmodet om at departementet anerkjente kjennelsen fra britisk rett som slår fast at Christines er tilkjent daglig omsorg, og at barna derfor ble ulovlig bortført fra britisk territorium. Justisdepartementet avslo anmodningen. Og som det ikke det var nok ble Baudains nektet å vitne da saken ble behandlet i domstolen!

Justisdepartementets stassekretær Astri Aas-Hansen understreker ovenfor Aftenposten at Christines sak ikke er en konvensjonssak, og at det derfor er opp til norske domstoler å avgjøre saken.  Slik unngår hun selve kardinalspørsmålet, nemlig hvordan Justisdepartementet makter å definere barn med fullt britisk statsborgerskap som ikke tilhørende Haagkonvensjonen.

Tradisjonen tro begrunner ikke Aas-Hansen sin tolkning, men andre gjør: Statsadvokaten på Jersey informerte Justisdepartementet allerede i 2005 at ”Jersey er en av De Britiske Øyer og at Hennes Majestets Regjering i Storbritannia representerer Jersey i utenriksspørsmål”.  Heller ikke finner norsk Høyesterett eller Justisdepartementet det interessant at morens signatur til Folkeregisteret var forfalsket, igjen et trekk som gjerne assosieres med U-land, og ikke siviliserte rettsstater.

Kjell Schevig

Les også Christines egen beskrivelse: “ABDUCTED TO NORWAY”

Les også Aftenpostens artikkel: Fortvilte foreldre ber om hjelp

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Barn bortføres til Norge – Aftenposten 13 Mars

Fortvilte foreldre ber om hjelp

Av: Roald Ramsdal, Aftenposten.no

Norske ekspartnere bortfører barn fra blant annet USA og Sverige – til Norge. fortvilte foreldre i utlandet ber sikkerhetseksperter om råd for å få barna tilbake. 30 barn ble bortført til Norge ifjor. i 2009 og 2008 var tallet henholdsvis 28 barn og 15 barn viser tall fra Justisdepartementet og Utenriksdepartementet. antallet barnebortføringssaker til Norge i 2010 er det høyeste siden JD og UD startet å føre felles statistikk i 2004.

A-Magasinet skrev Fredag om Christine fra Jersey, som opplevde at hennes to barn ble bortført til Norge av hennes norske eksmann. Til tross for at britisk rett har gitt henne foreldreansvaret for barna, støtter flere norske rettsinnstanser den norske faren.

Vi har fått flere forespørsler fra foreldre i utlandet som har opplevd at barna deres har blitt bortført til Norge av den andre forelderen, sier Martin Waage. Han er  Europasjef  for det internasjonelle sikkerhetsselskapet ABP World Group Ltd., som blant annet har spesialisert seg på å hente hjem bortførte barn. Pr. dags dato er det ikke blitt noen oppdrag etter henvendelsene. Når det eventuelt blir aktuell, vil vi nok behandle disse sakene på lik linje med saker der barn er bortført fra Norge til utlandet forteller Waage.

Dårlig rettssikkerhet

Han forteller om henvendelser både fra Europe, land i midtøsten og Nord Afrika. De fortvilede foreldrene spør Waage hva de kan gjøre for å vinne frem med sakene sine i det norske rettssystemet. Det er vanskelig å gi gode råd. Jeg råder dem til å skaffe seg en så god advokat som mulig. Advokaten må ha kompetanse på barnebortføringssaker, og helst være profilert sier Waage. Han mener rettssikkerheten til utenlandske statsborgere ikke er god i barnebortføringssaker der den som har bortført barnet er norsk statsborger, – Utenlanddske statsborgere får ofte ingen rettferdig behandling i det norske rettssystemet i disse sakene. De har egentlig ikke så mye annet valg enn å skaffe seg en veldig bra norsk advokat  – eller å få hentet ut ungene fra Norge. Sjansen for å vinne gjennom i rettssystemet er veldig liten sier Waage.

Han mener selv om både Norge og eventuelt det landet barnet er bortført fra har signert Haagkonvensjonen, så hjelper det lite. Han forteller at ABP World Group forholder seg til internasjonelle lover, konvensjoner og rettskraftige dommer når de vurderer om de skal takke ja til et oppdrag. Ifølge Waage ville det ha vært uaktuellt for ABP å hjelpe faren med å hente Christines to barn til Norge. – Vi er nødt til å forholde oss til gjeldende rettsavgjørelser. Det hadde være mer aktuelt for oss å hjelpe moren med å få barna tilbake til Jersey sier Waage.

Les hele historien i Aftenpostens papirutgave idag.

Les mer om Christines sak her: Det Norske rettssystemet er korrupt

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Det Norske rettssystemet er korrupt

Kilde: A-Magasinet, Karine Østtveit 11.3.2011

Opprørte politikere: “Jeg kan nesten ikke tro det. Dette er ting man forventer av land som Uganda – ikke fra Norge”

På telefon fra Jersey er tidligere parlamentsmedlem Gerard Baudains opprørt.

Tidligere samme dag har han sendt en e-post: “Det norske rettsystemet er like korrupt som hvilket som helst land i den tredje verden.. Ring meg.”

Jeg tror jeg har brukt flere hundre timer på denne saken. Vi har forøkt alt. Reiser, møter, brev, telefoner –  ingenting har nyttet. norske myndigheter vil ikke høre. Hvem har ellers engasjert seg på Jersey? – Mange, svært mange. Lederen for parlamentet på Jersey og jeg har flere ganger diskutert denne saken spesifikt. Jeg tror de fleste parlaments-medlemmene er klar over den sier Baudains.

På ett tidspunkt var han også innkalt som vitne, for å redegjøre for Jerseys holdning i saken. Politikeren reiste til Norge for å foklare Jerseys standpunkt – men da han kom hit, ville ikke dommeren tillate vitnesbyrdet hans. Også ved den britiske ambassaden har man jobbet mye med Christines sak. – I denne saken ble det faktisk vurdert å sende en formell note til det norske justisdepartementet for å klage på behandlingen Christine fikk.

Les hele historien i A-Magasinet sin reportasje i dag.

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