We Recover Internationally Abducted Children


We can bring your child back !

International Child Abduction is tragically a global epidemic.

Leading experts believe that due to the rapid growth in multi-national marriages and relationships, the number of children born from parents of different countries will continue to expand. Similar to all relationships, a significant portion of these marriages or partnerships will end in divorce. All too often, one of the separating parents of the child of the relationship will seek to abduct the child to a country other than where the child has lived. This is called ‘International Parental Child Abduction’, and though there are various civil remedies available to targeted parents who have had their child abducted, the challenges they face are grave, and include first and foremost, locating where the child is located.

Unfortunately for the majority of targeted parents, the financial burden for recovery and litigation falls on their shoulders. With tens of thousands of children parentally abducted each year, the reality is too many of these children never come home. ABP World Group is dedicated to assisting parents in need of assistance in locating, rescuing, and safely bringing home your abducted child.

Our intelligence and investigation abilities combined with our ability to dispatch personnel to most locations in the world offer a safe and strategic solution to protecting your most important asset: your child.

Areas of expertise:

Parental abduction.

Missing children.

Kidnappings.

Runaway children.

Reunification Counseling.

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 including, but not limited to:

Electronic Forensic Foot printing Investigations

Intelligence Gathering

Information Specialists/Skip Tracing

Evidence Procurement

Interview/Evaluation

Surveillance Special Ops

Non-Combatant Evacuation Ops

Domestic Support

International Operations

Maritime/Land/Air transport

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International Child Abduction / Parental Kidnapping – Recovery Services


International Child Abduction is tragically a global epidemic.

Leading experts believe that due to the rapid growth in multi-national marriages and relationships, the number of children born from parents of different countries will continue to expand. Similar to all relationships, a significant portion of these marriages or partnerships will end in divorce. All too often, one of the separating parents of the child of the relationship will seek to abduct the child to a country other than where the child has lived.

This is called ‘International Parental Child Abduction’, and though there are various civil remedies available to targeted parents who have had their child abducted, the challenges they face are grave, and include first and foremost, locating where the child is located. Unfortunately for the majority of targeted parents, the financial burden for recovery and litigation falls on their shoulders. With tens of thousands of children parentally abducted each year, the reality is too many of these children never come home. ABP World Group is dedicated to assisting parents in need of assistance in locating, rescuing, and safely bringing home your abducted child.

Our intelligence and investigation abilities combined with our ability to dispatch personnel to most locations in the world offer a safe and strategic solution to protecting your most important asset: your child.

Areas of expertise:

Parental abduction

Missing children

Kidnappings

Counter Kidnapping

Anti Kidnapping

Runaway children

Reunification Counseling

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 including, but not limited to:

Electronic Forensic Foot printing Investigations

Intelligence Gathering

Information Specialists/Skip Tracing

Evidence Procurement

Interview/Evaluation

Surveillance Special Ops

Non-Combatant Evacuation Ops

Domestic Support

International Operations

Maritime/Land/Air transport

Visit our website here: www.abpworld.com

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Child abduction by parents among Indian diaspora raises concern


Source: Inewsone.com , New Delhi, June 19

(IANS) Increasing number of child abductions by parents among the Indian diaspora has become a cause of concern as India is yet to join the internationalconvention on the issue, a British minister has said.

‘The cases where a parent abducts their child and takes it away to India are problematic because India does not have laws to deal with parental child abduction,’ British Minister for Equalities Lynne Featherstone said here.

The minister urged the Indian government to accede to the UN Convention on the Civil Aspects of International Child Abduction.

The British minister was here on a three-day visit to India June 15-17 to seek greater collaboration between the two countries on the issue of violence against women and gender equality issues.

According to Featherstone, the UK government receives at least one complaint per month of alleged abduction of a child by a parent of Indian origin. There are about eight such cases currently being investigated, the minister said.

The children were abducted by one of the parents and brought to India in order to gain the advantage in matrimonial and child custody disputes.

Child abduction cases by parents are high in countries which have a large population of people of Indian origin such as the UK, the US and Canada.

About 70 children were abducted by parents of Indian origin in the UK in the past eight years, according to a report.

The US State Department’s Office of Child Issues, which helps in child abduction cases, is currently working on more than 100 cases of children taken to India without the consent of the parent left behind. The State Department has said that there are few remedies if a child is abducted to India.

There are more unresolved cases of parental child abduction from the US to India than any other country with the exception of Mexico.

About 85 countries have ratified the 1980 Hague Convention on Parental Child Abduction. Under the convention, member countries undertake to return children abducted by a parent to their homes under the jurisdiction of the courts in the home country.

Parental child abduction has become one of the many issues that have been added to the agenda for inter-governmental discussions with visiting delegations from the US, Britain and Canada.

Several NGOs and activists in India and abroad have urged the government to accede to the Hague Convention.

On the occasion of Father’s Day (June 20), a Bangalore-based non-governmental organisation, Children’s Rights Initiative for Shared Parenting (CRISP), has demanded that India ratify the Hague Convention and reform family law in India.

California-based Rakshak Foundation has also appealed to the union government to safeguard children’s rights and make parental abduction a cognizable, non-bailable crime.

Abduction of a child by one parent violates the child’s right to live in the security of the familiar home and prevents access to both parents. More and more child custody and abduction cases are landing in Indian courts relating to foreign citizens as well as non resident Indians (NRIs).

The Supreme Court has ruled recently that Indian courts have jurisprudence on child custody cases even if the child is a citizen of a foreign country. The courts apply the principle of best interest of the child, taking a foreign court decree as only one of the factors for deciding on the custodial dispute.

There have been occasions when the father had taken away the child from the country of residence, gone to India and left the child with his grandparents while he flew to work in a third country.

At other times, it is the woman who took the child on the pretext of visiting India.

Many abducted children are told that the other parent is dead or has gone away. Often one parent tries to poison the child’s mind to the other parent, which often causes psychological and emotional problems for the child.

‘Children in such cases are voiceless victims and their right to be connected to both biological parents needs to be protected,’ according to the Rakshak Foundation.

Often child custody cases lead to the child being deprived of the love, affection and care of one parent.

‘Joint custody and shared parenting are the best solutions for normal development of the child,’ the foundation said.

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Only 5-10% of abducted children are annually recovered because of the Hague Convention


Many left-behind parents are told that the Hague Convention will bring about the return of their abducted children. Some authorities say that if your child is abducted, you should follow procedures outlined by the Hague, but we don’t agree.

Only 5-10% of abducted children are annually recovered because of the Hague Convention

Until 1980, there was no international system in place to help parents recover abducted children who had been taken to other nations. The Hague Convention attempted to create one, but it doesn’t work. If you take the time to read the well-intentioned text of the Hague, you’ll see its many flaws.

In our opinion, it’s not worth the large amounts of money, time and trouble to hire an attorney to try using the Hague Convention to get your child back. You aren’t likely to get him or her back — and even worse, the abducting parent could be “legitimized” by the courts in another nation.

Under the Hague Convention, a case must be filed in the country where the abductor has taken the child. The courts of that country tend to render their decisions in favor of their countrymen, as the Hague Convention focuses on residency, not citizenship. There is little concern for the fact that the child is a citizen of the country from which he or she was abducted, or for the possible detrimental effect on the child.

Even if the child was born in your country, if that child is found to be a “habitual resident” by the courts in another country, the child may be ordered to be returned to that country.

This underscores the need to act quickly.

Few, if any, of the Hague signatory countries are going to send anyone out to physically recover your child for you. Embassy officials will check on the child’s welfare, if it is known where the child is and if the abducting parent lets them.

As soon as abducting parents are aware that that they’ve been located, they’ll usually disappear with the children again.

And about hiring lawyers

You need to be aware that a great amount of money has been spent on lawyers in foreign abduction cases. The unfortunate fact is that they, most often, can’t practice in the foreign courts and are required to hire associate lawyers in the foreign country.

Note: they often have no qualifications or experience working with child abduction cases.

More money…

Educate yourself

Many resources are available to help you learn about parental child abduction. If you’re dealing with an abduction, the better informed you are, the better equipped you’ll be to cope.

Recover your child

Time is of the essence. Parentally abducted children are helpless on their own and confused by the irrational and sometimes abusive acts of non-custodial parents who are supposed to have their best interests in mind. ABP World Group Ltd. has the manpower and the know-how to rigorously cover all avenues, and bring your child home.

 

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Visit our website here: www.abpworld.com

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Court orders return of children abducted from father in Norway


June 10, 2011 by Rosalind English, UK Human Rights Blog

In the matter of E (Children) [2011] UKSC – read judgment 

The Supreme Court has ruled that two girls, aged seven and four respectively, be returned with their mother to Norway, after she had removed them without the father’s consent. The decision was made largely under the Hague Convention on the Rights of the Child which gives more specific direction to the courts in abduction cases than the European Convention on Human Rights, although, as the Supreme Court observed, a little more reassurance that the necessary safeguards can be enforced in the destination country would make it easier for the courts in the requesting country to make orders protecting the interests of the child.

The following summary is based on the UK Supreme Court’s press release. The numerals in bold refer to paragraph numbers in the judgment.

The case

The children had lived all of their lives in Norway until September last year when their mother brought them to England with a view to staying here permanently. The father was not asked and did not consent to their removal from Norway. The mother had an older daughter, Tyler, who is nearly 17 and also lived with the family in Norway, but left Norway for England shortly before her mother.

The father applied to the Norwegian central authority under the Hague Convention on the Civil Aspects of Child Abduction 1980 for the children to be returned to Norway. Article 12 of the Hague Convention requires a requested state to return a child forthwith to her country of habitual residence if she has been wrongfully removed in breach of rights of custody. But Article 13 provides three exceptions, one of which is that the child should not be returned if

there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation

The mother, with Tyler’s support, argued that this exception applies. She made allegations against the father which, if true, amount to a classic case of serious psychological abuse. She recounted incidents of physical violence towards other people, property and the ill-treatment of the family pets. There was also psychiatric evidence that the mother is suffering from a mental disorder which would deteriorate if she had to return with the children to Norway.

Although the father denied some of these allegations, he did admit to bouts of anger, and to killing two of the family pets, a cat and a rabbit. But he undertook to vacate the family home and not go within 500 metres of it; and he said would pay household costs and provide money for child support. He also promised that he would not remove the children from the mother’s care.

The judgment

The Supreme Court, like the Family Court and the Court of Appeal before it, unanimously dismissed the mother’s appeal.

Reasons for the judgment

The case law of the European Court of Human Rights indicates that the right to respect for family life in article 8 of the European Convention must be interpreted in the light of the Hague Convention and the UN Convention on the Rights of the Child. The best interests of children have two aspects:

1) to be reunited with their parents as soon as possible so that one parent does not gain an unfair advantage over the other through the passage of time; and

2) to be brought up in a “sound environment” in which they are not at risk of harm[52].

The President of the Strasbourg court has recently acknowledged extra-judicially that

the logic of the Hague Convention is that a child who has been abducted should be returned to the jurisdiction best-placed to protect his interests and welfare, and it is only there that his situation should be reviewed in full [25].

Violence and abuse between parents may constitute a grave risk to the children. But where there are disputed allegations which can neither be tried nor objectively verified, the focus of the inquiry is bound to be on the sufficiency of any protective measures which can be put in place to reduce the risk.

In this case, the trial judge was satisfied that medical treatment would be available for the mother and that there were legal remedies to protect the children should they be needed. It is not the task of an appellate court to disagree with the trial judge’s assessment [49].

A full analysis of this case will follow shortly.

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It’s parental kidnapping season


Holiday season signals an increase in cases of child abduction

Incidents of international parental child abduction – where a child is taken overseas without the other parent’s consent or contrary to a court order – are expected to peak over the summer, according to the FCO’s Child Abduction Section.

In many cases, parents pretend they are going on holiday with their child to their country of origin and then fail to return.

Worryingly, it is also common for parents not to realise that they have committed a child abduction offence. Research recently commissioned by the FCO* showed that a third of people didn’t know that if you take your child abroad without the permission of the other parent, this may be considered abduction under UK law.

“International parental child abduction, whether intentional or not, can cause huge distress to families.

“If a parent wishes to take their child to live in a new country they will normally need either the permission of the other parent or the British courts. Cases of parental child abduction increase in the summer holiday period. We urge parents who are worried to get specialist legal advice and contact our Child Abduction Section and the charity Reunite which can provide them with information to try to prevent an abduction from happening in the first place, or to try to resolve disputes if a child has already been taken overseas.

“We also see cases where British nationals simply return to the UK with their child after their relationship breaks down whilst living abroad – this is still likely to be considered abduction. A parent will normally require the consent of the other parent and possibly permission from the courts of the country concerned. It is important that a parent obtains legal advice before taking any action.”

If you are worried that your child may be abducted overseas you should:

  • Seek advice from a  family lawyer and  request a Prohibited Steps Order (or equivalent depending on where you  live in the UK) prohibiting your child from being taken out of the UK
  • In the event of an imminent abduction (in the next 24-48 hours), contact the police who may be able to issue an All Ports Alert to try to prevent a child from leaving the UK.  The police in England and Wales do not need a court order before instituting a port alert.  Police in Scotland do need a court order.
  • Ensure that you keep their child’s passport in a safe place and contact the Identity and Passport Service (and relevant local embassy if your child has dual nationality) to request that another passport is not issued without your permission
  • Contact the Child Abduction Section at the Foreign Office on 0207 008 0878
  • Contact the Reunite International Child Abduction Centre on 0116 2556 234
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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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Parental child abduction still far too easy, officials say


Sherri Zickefoose, Calgary Herald

Published: Friday, June 03, 2011

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

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

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

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

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

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

Their current location is unknown.

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

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

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

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

Only two cases have been resolved.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Some countries do not recognize parental abduction as a crime.

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

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

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

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

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

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

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The Impact of Parental Child Abduction


An abducting parent views the child’s needs as secondary to the parental agenda which is to provoke, agitate, control, attack or psychologically torture the other parent.

It is generally accepted that children are emotionally impacted by divorce. Children of troubled abductor parents bear an even greater burden. “The needs of the troubled parent override the developmental needs of the child, with the result that the child becomes psychologically depleted and their own emotional and social progress is crippled”

 

In custody disputes and abductions, the extended support systems of the parents can become part of the dispute scenario, — leading to a type of “tribal warfare” (Johnston & Campbell, 1988). Believing primarily one side of the abduction story, — family, friends, and professionals may lose their objectivity. As a result, protective concerns expressed by the abandoned parent may be viewed as undue criticism, interference, and histrionics. Thus, the abandoned parent may be ineffectual in relieving the trauma imposed on an innocent child by the parental abduction.

Generally the abductor does not even speak of the abandoned parent and waits patiently for time to erase probing questions, like “When can we see mom (dad) again?”. “These children become hostages … it remains beyond their comprehension that a parent who really cares and loves them cannot discover their whereabouts” (Clawar & Rivlin, p. 115).

Impact of Parental Child Abduction

Children who have been psychologically violated and maltreated through the act of abduction, are more likely to exhibit a variety of psychological and social handicaps. These handicaps make them vulnerable to detrimental outside influences (Rand, 1997). Huntington (1982) lists some of the deleterious effects of parental child abduction on the child victim:

  1. Depression;
  2. Loss of community;
  3. Loss of stability, security, and trust;
  4. Excessive fearfulness, even of ordinary occurrences;
  5. Loneliness;
  6. Anger;
  7. Helplessness;
  8. Disruption in identity formation; and
  9. Fear of abandonment.

Many of these untoward effects can be subsumed under the problems relevant to Reactive Attachment Disorder, the diagnostic categories in the following section, and the sections on fear, of abandonment, learned helplessness, and guilt, that follow.

Reactive Attachment Disorder.

Attachment is the deep and enduring connection established between a child and caregiver in the first few years of life. It profoundly influences every component of the human condition, — mind, body, emotions, relationships, and values. Children lacking secure attachments with caregivers often become angry, oppositional, antisocial, and may grow up to be parents who are incapable of establishing this crucial foundation with their own children (Levy & Orlans, 1999).

Children who lack permanence in their lives often develop a “one-day-at-a-time” perspective of life, which effects appropriate development of the cognitive-behavioral chain — thoughts, feelings, actions, choices, and outcomes. “They think, ‘I’ve been moved so many times, I’ll just be moved again. So why should I care?’” (ACE, 1999).

Stringer (1999) and other experts on attachment disorder concur that the highest risk occurs during the first few years of life. This disorder is classified in the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV) as Reactive Attachment Disorder. According to Stringer, common causes of attachment problems are:

  1. Sudden or traumatic separation from primary caretaker
    (through death, illness hospitalization of caretaker, or removal of child);
  2. Physical, emotional, or sexual abuse;
  3. Neglect (of physical or emotional needs);
  4. Frequent moves and/or placements;
  5. Inconsistent or inadequate care at home or in day care
    (care must include holding, talking, nurturing, as well as meeting basic physical needs); and
  6. Chronic depression of primary caretaker.

It is evident that these causality factors would place at high risk children who are subjected to similar conditions in the circumstances of parental kidnapping.

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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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