Parental Kidnapping – What to Do When the Other Parent Will Not Return the Child


I hope you never need this article. Very rarely does it happen, but there are times that one parent goes off the deep end and decides that the Orders of the Court are not meant for them.

Children are taken out of school, hidden at relatives’ homes, and secreted from the “custodial” parent. (In this context custodial means the parent who should have that child during that time frame or the parent with the majority contact time.)

The first step is to make sure that the current Order is clear and specific enough to be enforceable. Whether law enforcement will assist when one parent violates a court ordered contact schedule has a lot to do with how clearly written it is. Even with the most clearly written order there are times that law enforcement will not want to get involved. This is when the Court needs to be contacted. Emergency Motions are some of the most overused motions around.

Judges hate them because 1) everyone wants to call every bad situation an emergency and domestic cases are nothing but bad situations and 2) because they are being asked to make decisions without letting the other side tell their story. If there is a remedy for the violation (if that parent should not have had this two weeks of summer, but the judge could take other time away from the offender without harm to the child) short of asking the Judge to take the child via police, that is the road to go down. Judges can punish violations with Orders for attorneys fees, extra time for the other parent, moving to supervised or having other parameters or limitations…without having to traumatize a child with a ride in a police car.

If there is no remedy that will truly keep the child safe, in the event of escalating obvious mental health issues and increasingly bold violations..the Court can enter a Pick Up Order. This court order will describe the child and the parent who has them wrongfully, and it will authorize the police to pick the child up. The Order should be drafted to include all the places the child could reasonably be, with the most obvious listed first.

The Order may indicate that law enforcement is authorized to enter a home in order to find the child, and that they can do this at any hour. Without this provision, most law enforcement agencies are going to “stake out” a home only. If the person has taken the child to other locations, it may be necessary to hire a PI to attempt to find them and then call in law enforcement to pick up the child..many police agencies are just too overworked to spend days or even hours trying to hunt up parents who have stolen their children.

Ultimately, there are remedies in these situations, but the process can take a while and can be scary in the meantime. It is important to understand that long term, the parents who follow court orders, who show respect to the Judge’s determinations and work within the system will long term get much better results. Once a parent pushes things to the point of requiring this type of action, they have usually lost the Judge’s trust and are working against themselves.

Article Source: http://EzineArticles.com/3651962

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Abducted to The Philippines – Parental Child Abduction


The Philippines is not a party to the Hague Convention on the Civil Aspects of International Child Abduction
Hundreds of American parents face a similar plight, fighting from within the United States to bring home children they say were kidnapped and taken abroad by the other parent. The U.S. State Department is handling roughly 1,000 international parental kidnapping cases, including seven that involve children taken to the Philippines.

Many parents left behind face linguistic, cultural, geographical and legal barriers. Often, the spouse is a citizen, or can become a citizen, of the country to which he or she has fled and is entitled to that country’s protection.

The Philippines sees parental kidnapping as a custody dispute, not a crime. And the country isn’t party to the international treaty that created a process for resolving such disputes.

The Philippine government says it cooperates with U.S. law enforcement and consular officials to locate children alleged to have been abducted and check on their welfare. The officials also can help negotiate a return. But in many cases, the decision on whether the children should be sent back to the parent in the United States falls to the courts.


You should contact your local police station if your child has been taken overseas without your consent or if you fear your child will be abducted

There are 3 broad categories of child abduction:

  • Abduction – where a child is taken overseas without the other parent’s consent – this may be a criminal offense.
  • Wrongful retention – where a child has been retained in a foreign country following an overseas trip
  • Threat of abduction – where there is a risk that a child will be taken overseas
Note:
The Philippines is not a party to the Hague Convention on the Civil Aspects of International Child Abduction, nor are there any international or bilateral treaties in force between the Philippines and the United States dealing with international parental child abduction. Therefore, there is no treaty remedy by which the left behind parent would be able to pursue recovery of the child/ren should they be abducted to or wrongfully retained in the Philippines. Once in the Philippines, the child/ren would be completely subject to Philippine law for all matters including custody.
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Plan to sign Hague Convention welcome but children’s best interests should come first


Source: The Mainichi Daily News
Japan’s new policy of signing the Hague Convention that stipulates the treatment of children from failed international marriages in custody disputes has been approved by Cabinet ministers, with Prime Minister Naoto Kan planning to announce the decision at a G8 Summit set to take place in France on May 26 and 27.

Officially called the Hague Convention on the Civil Aspects of International Child Abduction or the Hague Abduction Convention, the treaty went into effect in 1983, and counts 84 countries, primarily in the West, as its signatories.

According to the Hague Convention, if a child is removed from their country of habitual residence and a parent petitions for the child’s return to that country, the government of the country to where the child has been taken has the responsibility of cooperating with the child’s return and in negotiations for talks between the respective parents’ parties.

Japan has been facing increasing pressure from Western nations to sign the treaty because of a significant number of cases in which Japanese mothers removed their children from other countries and returned to Japan. The Japanese Foreign Ministry has set up opportunities for periodic consultation with parties from both the U.S. and France — citizens of which Japan nationals have shown to have a great number of custody disputes — and have consulted on a total of 130 individual cross-border custody cases.

In some cases, bringing a child back to Japan without consent from the other parent has resulted in parents facing charges of abduction. That many such parents claim to be victims of domestic violence complicates these cases even further, and such allegations of abuse make the argument that joining the convention raises concerns for the protection of Japanese citizens and goes against the child’s interests understandable.

Meanwhile, Japanese partners whose children have been removed from Japan have pushed for Japan to sign the treaty, with hopes that it would help resolve their own custody disputes.

The Hague Convention includes special exemptions, including one that states that a child does not have to be returned to their country of habitual residence in cases where doing so would pose a great risk of physical or emotional pain for them. This exemption is key.

According to the Japanese Foreign Ministry, of the approximately 800 cases of child custody suits around the world in which a parent is seeking the child’s return, the abovementioned exemption has been permitted in 30 percent of cases — ruling that the children did not have to be returned.

These special cases include those in which there remain the chances of a mother becoming a victim of domestic violence if she and her child were to return to their country of habitual residence; or if the child were to return on their own but would suffer if separated from the mother; or in cases in which the child cannot be expected to receive sufficient care upon return. From these cases, it is apparent that courts of various countries around the world are taking a relatively flexible approach to the convention.

Signing the convention and searching for solutions based on internationally-recognized rules is an unavoidable path for Japan. Yet, we must protect our citizens based on the actual nature of each case in a way that adheres with the treaty.

Whether or not a child brought to Japan should be returned to their previous country of residence will be decided by Japanese courts based on the law. The government is set to add a provision to its Hague-Convention bill indicating that in cases that involve allegations of child abuse or of domestic violence by one partner against another, the child can be stopped from being returned to their country of habitual residence.

One of the major factors at the base of cross-border custody disputes is the difference in how custody is perceived. Joint custody is common in many of the convention’s signatory nations, with children often going back and forth between their divorced parents. In Japan, however, sole custody is more common, and is often granted to the mother.

As the number of international marriages continues to rise, we must think about what really constitutes our children’s best interests.

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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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