Showing posts with label Dublin. Show all posts
Showing posts with label Dublin. Show all posts

Tuesday, June 14, 2011

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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Tuesday, June 7, 2011

Child abduction cases reached 233 last year


THE AUTHORITIES here dealt with 233 cases of child abduction last year, according to the latest figures from the Department of Justice. Some of the cases concerned more than one child.
The department is the central authority for child abduction in Ireland. It processes requests for the return of children taken into Ireland by one parent or other relative without the permission of the other parent or, in some cases, the public institution with custody of the child.

The cases are heard in the High Court in camera. The authority also sends requests abroad where Irish children are taken out of the jurisdiction by a parent or other relative without permission.
Most cases, 140 involving 193 children, were new, with 93 still active from 2009. Of the 140, 64 concerned children who were brought to Ireland from other countries and 76 were children brought to other countries.
The country most likely to be involved was the United Kingdom, which accounted for 54 of the 140 new cases in 2010. The next highest number of cases involved Latvia, which accounted for 15 cases, and Poland, with 13, while 34 cases involved other EU states.
Under the child abduction international conventions to which Ireland is a party, the return of the child may only be refused if it is likely to cause serious risk to the child or if the child strongly objects and has reached an age where it is appropriate to take account of his or her views.
Of the 117 cases heard, the High Court ordered the return of the children in 10, refused it in four and in 14 the children were either returned voluntarily or the parties reached an agreement. Foreign courts ordered the return of children to Ireland in 15 of 116 cases, refused it in six and in nine cases there was an agreed outcome. Fifty cases were still being processed at the end of 2010.
Minister for Justice Alan Shatter said the figures illustrated the importance of estranged parents seeking to resolve differences by agreement, through mediation or as a last resort by way of court proceedings, rather than unilaterally removing children.
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Sunday, February 20, 2011

ABP World Group international child recovery service


ABP World Group 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 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.
We also provide:
• Executive protection
• Close protection high or low profile
• Surveillance
• Investigation
• Security consulting
• Medical services
• Anti kidnap logistics and planning
• Abducted and missing children recovery
• Missing person investigations
• Panic room / Safe room construction
• Risk Management
For more information, visit our web site: www.abpworld.com
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Sunday, January 30, 2011

IRELAND AND CHILD ABDUCTION: A Haven for Love-Tug Abductors

Figures obtained by the Irish Independent show there were 46 new Hague Convention cases in the High Court in 2007.

This compares with 31 in 2005, and just 27 cases three years ago.
The figures have raised further fears that Ireland, whose written Constitution affords greater protection to married parents -- particularly birth mothers -- is becoming the international child-abduction centre of choice for warring couples.

Earlier this year, the Irish Independent reported that the High Court refused to repatriate several children in high-profile abduction cases, even though they were habitually resident elsewhere.
Ireland is a signatory to the Hague Convention, an international child abduction law which requires the immediate return of children wrongfully removed from signatory countries, including Britain and America.
But experts are concerned that the Government is not tracking the extent of child abduction to and from non-Hague countries, including Muslim countries.

Parental abduction of Irish-born children, and children of Muslim immigrants, is a growing phenomenon in Ireland, and is endemic throughout Europe.
But recovering children from Islamic countries is an almost impossible task, as fathers' rights take precedence over the wishes of mothers and children in almost all circumstances.
"The fact that Hague Convention cases are on the rise is hugely worrying," said a Government adviser.
"Because of the convention, there is now a huge incentive to abduct children to countries where the laws do not apply."

Last year, 46 of the cases which started in the High Court concerned 63 children, of whom 22 were aged under five years, 26 were aged between five and 10 years and 15 children were 10 years or older.
Of the 46 cases, final orders were made for the return of children in 25 cases.
Judges also ruled that children should stay in Ireland in 15 cases, and interim orders were made in the remaining six cases.
Some 2,000 children have been embroiled in abduction proceedings here in the past 15 years, which last year reached a record high involving 160 children.
Early indications from those familiar with the work of the Central Authority for Child Abduction say those figures are set to rise.

Almost twice as many children are abducted into Ireland as are removed from the country.
And 70 per cent of new cases involve children who have been abducted outside the State and brought here.
But Ireland's apparent reluctance to repatriate abducted children has led some legal experts to privately complain that Ireland has become a safe haven for abductor parents.


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Commencement of the Protection of Children (Hague Convention) Act 2000

The Minister for Justice and Law Reform, Mr Dermot Ahern, T.D., today announced that he has signed the commencement order for the Protection of Children (Hague Convention) Act 2000. The Act will come into operation on 1 January 2011.


The Act gives the force of law to the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children. The Minister said “I welcome the coming into force of this, the third of the Hague Children’s Conventions. It will bring enhanced protection to children in transnational families in relation to a wide range of civil measures of protection concerning children, including orders concerning parental responsibility and contact, public measures of protection or care, and matters relating to the protection of children’s property.”



A Central Authority for the International Protection of Children in the Department of Justice and Law Reform will perform the functions arising from the Convention. The functions of the central authority are of an administrative nature involving co-operation with the central authorities of other contracting states and providing information to authorities in other jurisdictions on the law and services in the State relating to the protection of children.

Areas of co-operation include providing assistance in locating a child who may be in need of protection, providing a social report on the situation of the child, facilitating agreed solutions for the protection of the child or the property of the child on the request of another contracting state.
Ireland was among the first states to legislate for the Convention but ratification of it by EU states was delayed pending resolution of issues of EU competence and authorisation.



Passport applications and child abductions

Child abduction is a rare but serious crime. It happens when a child is taken out of the country without consent (often by one parent against the wishes of the other). If your child is at risk, the Identity and Passport Service (IPS) may be able to help.

The law on taking a child out of the country

It is a crime for anyone connected with a child under 16 to take or send that child out of the UK without appropriate consent. This is set out in the Child Abduction Act 1984.
To explain:
  • the people ‘connected with a child’ are the child’s parents, guardians and people with a residence order or who have parental responsibility
  • ‘appropriate consent’ is the consent of the mother, the father (if he has parental responsibility), the guardian and anyone with a residence order or parental responsibility, or the leave (permission) of the court

Fathers and parental responsibility

You can find more detailed information on parental responsibility and what it means in ‘Parental rights and responsibilities’.
In general, a child's father has automatic parental responsibility only if he is or has been married to the child's mother. However, since
  • 15 April 2002 in Northern Ireland
  • 1 December 2003 in England and Wales
  • 4 May 2006 in Scotland
a father also has parental responsibility if he jointly registers the birth with the child’s mother. He may also be granted parental responsibility by the court or by written agreement with the child’s mother.

Residence orders

Someone with a residence order may take or send the child out of the UK without consent for up to a month at a time.
A residence order is issued under Section 8 of the Children’s Act 1989. It confirms who a child is to live with. The person named in the order automatically gets parental responsibility if they did not already have it, but not sole parental responsibility. This means they cannot:
  • take the child out of the country for more than one month
  • change the child’s name without the consent of everyone with parental responsibility, as explained above, or a court order

How the Identity and Passport Service (IPS) can help prevent child abduction

Normally IPS will issue a passport for a child if the application is made by:
  • either parent (provided the parent making the application has parental responsibility, as explained above)
  • another person with parental responsibility
If you have a court order that forbids the issue of a passport without your consent or the consent of the court, you should let IPS know. In these cases IPS will not issue a passport for the child if the application comes from anyone else claiming to have parental responsibility.
The following types of court order can be used:
  • a prohibited steps order made under the Children (Northern Ireland) Order 1995 or the Children Act 1989
  • an interdict made under the Children (Scotland) Act 1995
  • an order confirming that the child's removal from the country is against the wishes of the court
  • a residence order under any of the three Acts above, which has been made in your favour
  • an order awarding you custody of the child or care and control over the child
  • an order stating that you must give your consent before the child can be removed from the country
  • an order upholding your objections to the child having a passport or leaving the country
If you don't have a court order you can still ask IPS not to issue a passport for your child, provided you are the child’s mother and both of the following are true:
  • you have not been married to the child's father
  • the father has not acquired parental responsibility
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