Christmas and Divorce: Tis' The Season For International Parental Child Abduction

     Christmas Is High-Season For International Parental Child Abduction

 
It is a known fact that many children around the world are internationally abducted by one parent from another during the Christmas Holiday Season.   Unfortunately, it is also a known fact that many targeted parents of abduction have never heard of international parental child abduction and are not aware of the warning signs of abduction and what to do if abduction is imminent. 

Families that are considered high-risk for international abduction include those where there a strained relationship between individual participants from a cross-cultural marriage (parents born in two different countries) whereas one of the parents has strong ties to another country, and have limited ties (such as financial assets) to the country where they are presently living in with the child and the child's other parent (or in existing divorce or separation cases, when the other parent is actively involved in the child's life). 

How It Works

In many instances of cross-border parental child abduction that occurs during the holiday season, generally the largest number of incidents takes place when one parent travels to another country with their child or children of a relationship accompanied by, or with the initial consent of the other parent. 

Generally, the travel takes place under a guise of a holiday trip abroad to visit family members of the parent intending to abduct. Of course, the targeted parent is clueless as to what is really going on.

The World Turned Upside Down

So for example, Father X was born and raised in the Middle East but married Woman Y, who is an American citizen. The couple lives in the United States, where their child was born and raised.

Unknown to the woman in the relationship, the husband wants to end the relationship and relocate back to his country of origin back in the Middle East. However, he has one problem: he knows that his wife will never allow for him to legally take the child with him.

So instead of announcing his true intent to separate, the husband will create critically important misdirection. Meaning, he will do everything possible to make his wife believe that he is happy and committed in the relationship.

I did say everything possible.

Why?

Because it is critical that she put her guard down and not suspect any foul play or scheme.

In the meantime, little things - that are really big things - may be taking place visibly or without knowledge of the targeted parent. There are many warning signs to look for, but if the subtleties are not carefully considered, then the would-be abductor will get away with their plan.

So the husband who is intending to abduct the child by wrongfully detaining the child abroad will continue to create a facade of being happily married and committed to the relationship while carefully laying out a plan to get the child abroad.

Eventually, and right about this time of the year, the would-be abductor makes the suggestion that it would be 'great' or 'nice' or 'meaningful' to travel abroad together or without the other parent (depending on reasonable circumstances) in order to see his parents, siblings, and extended family. And of course, all of this is in the best interest of the child of the partnership.

Now, since the wife may believe the husband is committed to their relationship and does not even consider that he may have intent to not return to their marital home, she more than likely is willing to consent to the holiday vacation.

Unfortunately for the mother and child, the trip takes place.

Unknown to both, the parent intending to abduct has already hatched a well-thought out plan, including what may be necessary to keep the child abroad while removing the other parent's rights to the child abroad.

Everything is deception - and everything must be considered.

For example: the husband may ship certain belongings like a crib or a stroller and other items of the child that may create the appearance the other parent knew he was relocating - and gave consent! Or, he may have begun to move his assets abroad.

Once abroad with his wife and child, the would-be abductor may make false accusations of child or spousal abuse (men and women both claim abuse in cases of of planned abduction), claims of drug use, or any other claim that may indicate that the child is at risk.

By stating the child is at risk, this could potentially allow a local court in the foreign country to grant him immediate custody of the child - even though the child's original jurisdiction is in the country they were born and raised. In addition, in cases where a Hague Application may be filed, the abductor has laid ground for an Article 13 Defense (which revolves around the best interest of the child and is also known as the 'Slander Defense'). In nearly every case of abduction, the parent intending to abduct has cleverly orchestrated a public defamation campaign against the other parent - one that is typically concealed under the veil of anonymity.  Additionally, there are malicious and untruthful claims of spousal or child abuse made (by both men and women, equally).

If it sounds complicated, it is.

It is important for individuals married or in a relationship with partners who originate from non-Hague countries such as those located in Asia, Africa, and the Middle East to understand that if you are traveling to nations located in these areas and the other parent intends to not return to the child to the country of original jurisdiction, there is a very good chance they will be successful in keeping the child abroad . . . and your contact will be limited or absolved completely. Additionally, it is important to pay careful attention to Hague-Convention non-complying countries such as Germany, Brazil, Mexico, and Poland.

Of course, if you ever plan to travel abroad and have been involved in a suspicious or strained relationship, please contact an attorney who is familiar with international parental child abduction prevention.

Additionally, I strongly advise you consider obtaining a court order prior to travel that the child is to be returned. However, remember - in countries that are not members of international treaties regarding abduction or do not comply to such said treaties - if a child is taken - it will be very costly and difficult to bring your child home.

So - if you have any suspicion that abduction might be planned - and this time of year is the planning period for the high number of Christmas Holiday Abductions that occur - seek the advice of a qualified lawyer - and do not let your child travel abroad under any circumstance. Pay attention to the warning signs and act now!

Peter Senese: Child Advocates Honesty and Integrity In Child Custody Issues Offers Solutions

As the rapidly expanding malignant tentacles known as international parental child abduction cruelly grasp at defenseless innocent children in countries around the world it is imperative that governments everywhere defend against this malice by passing and upholding local and national child abduction prevention laws. Critically, lawmakers must create abduction prevention laws while law enforcement and the judiciary must carefully uphold these laws that were created to protect innocence: our children.

As the vast majority of individuals around the world who advocate for targeted children will testify to, the most crucial component needed to fight the global war of international parental child abduction – and make no mistake: it is a war – is for child abduction prevention laws to be created and fully enforced.

Unfortunately, one of the heartbreaking issues that targeted parents face today is the great challenge and difficulties of having a court actually uphold new laws pertaining to risk factors associated with a potential child abduction. Judicial ignorance can no longer be an unspoken acceptable truth, and Lady Justice must remove her blindfold in the name of defending a child at risk of the horrific crime of parental kidnapping.

Lady Justice, hundreds of thousands of children each year targeted for cross-border criminal abduction need you to see. Today.

Before I go further, I will share an opinion many other targeted parents of abduction I have spoken to share with me: If a court handling a potential child abduction case establishes a zero tolerance policy toward any form of perjury, then the chicanery and intended fraudulent actions of a parent intending to mislead the court and abduct a child may actually be re-considered. A pretty simple policy: if you lie to the court, particularly when it comes to a child’s welfare, then you better be prepared to pay the consequences for your action: sitting in a cell for a period of time and losing your access privileges to your child that you previously may have been entitled to.

Presently, I am voluntarily assisting in several potential abduction cases, including a few cases that are located in the State of Florida. For those of you who may not be aware, on January 1st, 2011 Florida’s ‘Child Abduction Prevention Act’ that was drafted by child abduction prevention advocate and my good friend, Carolyn Vlk, became law. The law mandates judges to assess risk factors associated with a potential international child abduction and issue orders that will protect the targeted child and parent from a possible abduction.

However, in certain cases to which I am familiar with, there have been notable failures by the courts to fully utilize the new child abduction prevention law and carefully consider risk factors associated with a potential abduction as has been mandated under the new law.

Tragically, when a judge fails to uphold any child abduction prevention law, they have broken their fiduciary responsibility to protect a child. Equally, when a court fails to consider the criteria established under the new law, they are sending the worst type of message possible: that child abduction prevention laws mean nothing and would-be abductors will not be held accountable for their conspiracy to criminally abduct a child. And this – particularly when it comes to our children – is unthinkable.

The bottom line in weighing risk factors for a court is that a judge must ask this rather simple questions to themselves: ‘What if I am wrong and the child disappears? What true recourse does the targeted parent have to recover the child?”

Well, any knowledgeable judge will know that once a child is removed from their local jurisdiction and taken to another country, the jurisdiction of their court ceases to exist for all intensive purposes. Now jurisdiction belongs to the international courts, so long as the arriving country (the country where the child was illegally taken to) participates in an international treaty such as the 'Hague Convention on the Civil Aspects of International Child Abduction'. Regrettably, too many nations, including most Asian and Middle Eastern countries are not members of the Hague Convention, while other countries such as Mexico and Brazil are known to not uphold the international treaty they freely signed.

Truly, attempting to navigate an international parental child abduction is like ‘Chasing The Cyclone’.

Consider this: presently there are approximately 230 American children criminally detained in Japan due to a parental kidnapping. Japan is not a member of the Hague Convention. No American child-citizen abducted to Japan has ever been returned. Ever.

Or perhaps a judge should consider the difficulties that a targeted mother would face if her child were kidnapped to Saudi Arabia or any other Middle Eastern country. The prospect of mom safely bringing their child home is near non-existent.

So what exactly is it that a judge must do?

Act prudently at all times and in all circumstances while carefully investigating every aspect of each unique case. Additionally, the court must realize that for many, the international courts are extraordinarily difficult to navigate, that is, if a venue really even exists for a targeted parent to attempt to seek judicial intervention.

One component not often spoken about when considering risk factors is when a parent who may abduct files a (false) police report against the other parent. In scenarios such as this, the court must be mindful that international parental child abduction is a premeditated and well-planned act against both the abducted child and the left behind targeted parent, and that the parent planning an abduction is more than likely familiar with the international laws available to them that they may use to sanction their disobedience before the court.

Specifically, Article 13 of the Hague Convention reads:

Notwithstanding the provisions of the preceding Article, the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution or other body which opposes its return establishes that –

a) the person, institution or other body having the care of the person of the child was not actually exercising the custody rights at the time of removal or retention, or had consented to or subsequently acquiesced in the removal or retention; or

b) 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 judicial or administrative authority may also refuse to order the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views.

In considering the circumstances referred to in this Article, the judicial and administrative authorities shall take into account the information relating to the social background of the child provided by the Central Authority or other competent authority of the child's habitual residence.

When a parent who is believed to be a potential abductor files a police report against the other parent the court must consider the validity of the complaint and move with great caution because the potential abductor may have now created a plausible but misleading defense under Article 13 of the Hague Convention that a return of the child back to the child’s country of origin may not be in the best interest of the child.

Thus, court’s must be especially mindful that if a parent is able to illegally depart the country of origin with the child, the difficulties of the targeted parent being able to legally return the child has grown exponentially. This said, the court’s must also consider if a complaint may be valid and act accordingly in the name of the best interest of the child.

The bottom line is this: we’re living in a multi-cultural society where individuals from around the world meet and have a child. At times, like in any other relationship, couples will separate or divorce. Unfortunately, too often the child of the partnership is used as a pawn in order to cause great hardship and pain to the targeted parent. International child abduction occurs, and is growing at substantial rates as shared in the report Carolyn Ann Vlk and I have published titled ‘Crisis In America: International Parental Child Abduction Today’. And most concerning is the fact that certain government policies such as the Western Hemisphere Travel Initiative have created loopholes for abduction (Click Here to read Peter Senese and Carolyn Vlk's report)

Therefore in lieu of the rapidly growing epidemic now at hand, it is the courts and their sitting judges who offer children with their best defense so long as these judges do not put their head in the sand and mistreat the issues of a potential threat of abduction with an uneducated view of the seriousness of the matters at hand. In order for a court to fulfill its duty to the child-citizens they are obligated to protect, a judge must consider all the risk factors of a potential abduction and act swiftly, boldly, and with action that will secure the safety and welfare of both targeted child and targeted parent.

Perhaps the best overall indicator of an abduction threat is when a parent with strong ties to another country is found to be dishonest to or mislead the court during any matters when it comes to the welfare of a child. Perhaps if the courts upheld the integrity of the procedures before them, including holding a parent accountable for perjury or contempt, judges may be able to prevent the cruelty of storms from descending on a child. Perhaps each court hearing involving a child’s welfare should begin with a judge saying, “Welcome to my courtroom. I want both parties to know that if either of you act in any dishonest way or fail to obey my direction in any capacity, I will hold you in contempt of court. Now let’s proceed.”

For more information on international parental child abduction please visit Chasing The Cyclone. To visit Peter Thomas Senese's official website, please Click Here. To view Peter Senese's 'Chasing Parents: Racing Into the Storms Of International Parental Child Abduction' educational documentary film series please visit 'Chasing The Cyclone'.

PETER THOMAS SENESE NARRATES FILM SERIES ON INTERNATIONAL PARENTAL CHILD ABDUCTION

PETER THOMAS SENESE NARRATES FILM SERIES ON INTERNATIONAL PARENTAL CHILD ABDUCTION: RELEASES TENTH FILM SEGMENT IN 'CHASING PARENTS: RACING INTO THE STORMS OF INTERNATIONAL PARENTAL CHILD ABDUCTION.

In a recently released educational video segment concerning 'The Western Hemisphere Travel Initiative', Peter Thomas Senese discusses how the policies established under WHTI substantially minimizes travel document requirements for children traveling abroad via land or sea, presenting significant opportunity for child abductors and human traffickers the means to criminally remove defenseless children from one nation's borders to another.

In the now completed new video segment, Senese presents how the detrimental issues concerning WHTI policy are outlined and offers solutions that must be implemented in order to help prevent this grave and growing problem.

'Challenges Connected To The Western Hemisphere Travel Initiative' is the newest release in the now completed ten-segment educational documentary film series titled 'Chasing Parents: Racing Into The Storms Of International Parental Child Abduction' produced and narrated by best-selling author Peter Thomas Senese.

Mr. Senese, a child abduction prevention advocate and author of the critically acclaimed novel 'Chasing The Cyclone' stated, "It is inconceivable that in the severe and escalating environment of international child abduction and child stealing that exists today, the WHTI policy marginalizes children's safety by not requiring all individuals traveling abroad to use a passport regardless of their age. Harmonization of a passport mandate for all international travel will dramatically reduce the number of cross-border abductions immediately."

To view 'Challenges Connected To The Western Hemisphere Travel Initiative' and the 'Chasing Parents: Racing Into The Storms Of International Parental Child Abduction' film series, please visit http://www.chasingthecyclone.com or http://www.internationalparentalchildabduction.info.

Pacifica TWST is a media and entertainment company. Our feature film, television, documentary, and publishing efforts focus on current issues that effect the global community at large.

Landmark Report By Peter Thomas Senese and Carolyn Vlk Exposes Policy Loophole In International Child Abduction Border-Crossing Prevention

Carolyn Ann Vlk and I worked dilegently in trying to find the answer to the question, How Are Our Children Being Internationally Abducted And Illegally Removed From Our Country?

We believe we have found a significant part of the answer, and on behalf of Carolyn and myself, we urge you to read the titled report: "International Parental Child Abduction and Human Trafficking In The Western Hemisphere".

To download a PDF copy of the report, Please Click Here.

To download a Word copy of the report, Please Click Here.

In advance, thank you for taking the time to read this report - it very well may one day help you protect a defenseless child.

Sincerely,
Peter Thomas Senese
www.peterthomassenese.com