Parental Abduction Research Articles

The Hague Convention and Its Impact on Women’s Rights and Children’s Rights: An Indian Perspective

The aim of this article is to critically examine the universalisation of treaties such as the Hague Convention to highlight the tension it brings out between women’s rights and children’s rights by blindsiding gender-related issues and cultural realities. Written in the context of Ariha Shah in Germany and the Bhattacharya case in Norway, this article aims to map the landscape of international child abduction and repatriation attempts by parents in India, as well as the Indian legislative attempt to tackle the issue of abduction through the draft of the Civil Aspects of International Parental Abduction Bill, 2016 . Viewed critically through a child rights perspective, the article considers whether the positioning of the Abduction Bill from a feminist viewpoint does justice to the agency of children involved, and makes recommendations on how their position can be strengthened further.

Women's rights and child abductions under the Hague Convention

AbstractThe Hague Convention on Civil Aspects of International Child Abduction is a multinational treaty designed to protect children internationally from the harmful effects of parental abduction. The Convention requires a mandatory return of a child who was wrongfully removed or retained outside the country of her habitual residence unless a narrow defense preventing return can be proven. When drafted, it was assumed that most abductors would be non‐custodial parents disappointed by an adverse custody decision in the home country. It is now clear that women have been disproportionately affected because in many, if not most, U.S. cases, the respondents, that is, the parents accused of the abduction, are the children's primary caregivers. When the child's home country is not willing or capable of protecting the mother and the child, they are forced to flee from often near‐lethal danger. Therefore, many cases brought under the Hague Convention involve severe domestic violence. The Hague Convention allows courts to deny the return if it would expose the child to a “grave risk of physical or psychological harm.” Nonetheless, a limited judicial understanding of domestic violence, coupled with societal gender biases, has impeded the application of this defense. Several recent developments discussed in this essay reflect a growing understanding of the lasting traumatic impact of domestic violence on these child victims.

Protecting the child’s best interest in international parental abduction of children: mediation in the 1980 Hague Convention cases

The 1980 Hague Convention on the Civil Aspects of International Child Abduction was the first binding international instrument to address the phenomenon of cross-border child abduction, which appeared as a side-effect of ongoing globalisation in the second half of the 20th century. The 1980 Hague Convention is undoubtedly the most successful and widespread instrument of direct cross-border cooperation between states to deal with the international child abduction. Nonetheless, the practical significance of this 40-year-old instrument is diminished by the fact that it allows only for a limited consideration of the specific situation of an individual child, whose careful consideration the present-day children’s rights approach, in particular the principle of the best interest of the child, otherwise dictates. International family mediation, carried out by a qualified cross-border family mediator, can nevertheless address some of the major downsides of the mandatory return mechanism. The paper explores how in the 1980 Hague Convention cases the child’s best interest can be secured through international family mediation.

Children and Law in the Shadows: Legal Ideologies and Personal Strategies in Response to Parental Abductions in Japan

AbstractIn contemporary Japan, police and law enforcement are often reluctant to assist in family conflicts. In practice, law enforcement and the family law system offer little assistance for people struggling with family conflicts in particular, following the logic that “law does not belong in families.” This article examines the informal, familial, financial, and social means people use to solve what might be called “family problems” when formal legal assistance is foreclosed. Operating as alternatives to the legal system, these strategies nevertheless are structured directly in response to the formal legal system, what it supports and allows. The article uses theorizations of legal consciousness, law's “shadows,” and “order without law” to compare strategies and reactions of Japanese citizens and foreigners engaging the legal system in Japan. It argues that the written and unwritten rules surrounding Japanese family law reward those who seek solutions outside of formal channels, thereby co-constructing the legal system as unable to solve family conflicts. Linking individual strategies with outcomes, it concludes that family members who expect less assistance from the formal legal system often end up winning more.

Left behind parents: A qualitative study on the experience of parental abduction of a child in Portugal.

Parental abduction of a child occurs when the child is removed, by one parent, from the custody of the other parent or legally appointed guardians. The absence of the child has a profound impact on family members and significantly affects their lives. Also, parental abduction of a child is a relevant social problem which calls for further understanding. The aim of this research was to characterize the experiences of left behind parents in the context of parental abduction of a child. The data for this exploratory qualitative study were analyzed through thematic analysis of the semi-structured interviews carried out with eight male participants in Portugal. Participants' perceptions were organized around three main themes: the impact of this adverse event on different areas of their lives, recovery strategies, and perspectives regarding the future. Findings and their implications for professionals working with these families are discussed in light of the ambiguous loss and ambiguous boundaries frameworks.

International Parental Abduction, A Study of Foreign & Domestic Laws with Judicial Decisions on Cross Border Child Disputes.

This research focuses on complex questions of law relating to family disputes furthermore specifically the complex problem of custody of children, which nowadays have increased due to the transnational migration and transnational families . Such disputes raise a large range of questions of laws in different jurisdictions having different criteria's and interpretations which results in prolonged custody disputes which may lead to child abduction. The paper further looks into the foremost convention on the said subject being The Hague Convention on The Civil Aspects of International Child Abduction and the paper emphasizes on the jurisdictional related questions and their enforcement. In the next part of the paper, we look into the principles propounded by the Indian judiciary, the present laws and the legislative steps taken to tackle the problem.

International Parental Child Abduction In United States Of America And India

Intentional community concerns the issue of child parental abduction through its conventions. Total 100 countries across the world have recognized the Hague abduction convention in 2019. India is not a part of Hague Abduction Convention although Indian judiciary applying domestic personal laws and best interest principle in wrongful removal dispute in custody cases. This article gives analytical and explorative view on the issue of child abduction by parents from their habitual residence. Child abduction involves where one parent unilaterally takes the child back to his or her country in disturbed marital relationship. This article examines legal issue and problems in international parental child abduction and also throws light on International Abduction Bill. The Bill has been studied critically and analytically to suggest the recommendation. This article attempts to explain the existing statutory and judicial laws in India regarding parental abduction.

Call the police immediately: Factors influencing perpetrator arrest time in child abduction cases in South Korea.

Considering the devastating long-term effects on victims caused by child abduction, a thorough examination of child abduction cases as well as the identification of specific factors determining offender arrest times are required. The current study aims to better understand the characteristics of child abduction and contribute to improving efficient investigation and rapid offender apprehension. The study uses data from investigation and trial records of abduction cases in South Korea from 1997 to 2008. A total of 144 cases of child abductions were analyzed. We investigated the characteristics of victims and offenders and incident characteristics including crime planning, the use of violence, and the time taken to realize that a child was missing, reporting it to the police, and arresting perpetrators. We examined the data by using logistic regression analysis and the gamma generalized linear model. It took significantly less time to arrest offenders if they had criminal records. The higher the age of the victim, the longer it took for the offender to be arrested. It took longer for the offender to be arrested in parental abduction cases than in non-parental abduction cases, and it took longer to arrest the perpetrator with delayed recognition that a child was missing and delayed police reporting. The current findings emphasize the importance of rapid responses following abductions. The study provides strategies to assist with accurate decision making by investigators and fast case resolution through the early arrest of child abductors.

Victims of Parental Kidnappings in Light of Polish Criminal Law (Based on the Results of Case Law Research)

[full article, abstract in English; abstract in Lithuanian]
 This paper concerns the victims of parental abductions in Poland. The aim of the article is to present the victims of parental abductions in the light of the Polish criminal case law. The study has an empirical character because it presents the results of research carried out using a criminal case law analysis. The study included 59 criminal cases concerning the parental kidnapping of a child. The research revealed that the Polish law treats the person from whom the child was kidnapped as a victim of parental kidnapping. Interestingly, the child is not considered a victim. Based on the research, a conclusion was formulated that parental abductions are not only the result of disputes between the parents of a child, but that children can also be abducted from the care of other people, for example, the directors of orphanages or grandparents who look after the children. This article argues that parental abductions are not only a problem for families but also for institutions professionally involved in childcare.

Child abductions and parental kidnappings. Selected contexts of family crises and attempts of their solutions

The subject of the article refers to parental kidnappings and abductions as a phenomenon which constitutes a family efficiency crisis. The chosen subject implies the necessity to analyse the described problem from two perspectives: violation of a legal norm and disturbance in functioning of a family seen as an educational environment. The second aspect is followed by a need to indicate the possibilities of overcoming the crisis, ways of help, persons and organizations capable of providing such help, as well as the chances of eliminating the effects of the difficult situation for the future. As a special form of reparative actions taken in the described situation, the family mediation was indicated, which may constitute a way to a profound analysis and understanding of the conflict by the parties – the fact that may influence the efficacy of preventing repetitiveness of the phenomenon.

Nezakonito prekogranično odvođenje/zadržavanje dece od strane jednog roditelja sa aspekta prakse Evropskog suda za ljudska prava

The Hague Convention on the Civil Aspects of International Child Abduction does not mention the protection of the right to respect for family life. And despite the fact that the right to respect for family life is not precisely defined, that there is no clear meaning, content, coverage or that its borders are not clearly set up, it exists and is effectively protected even when it comes to cases of 'parental abduction', which is a problem that is very present and current everywhere in the world, even on the European ground. More specifically, the right to respect for family life proclaimed by the European Convention on Human Rights must be protected, when it comes to the 'sensitive' issue of international child abductions. Two aspects of this phenomenon were considered through the practice of the European Court of Human Rights. In one aspect, the protection of the right to respect for family life of a parent whose child had been abducted by the other parent, and, on the other hand, the protection of this right of the abducting parent. Although the key criterion in making a decision about this issue is the best interest of the child, that what is always taken into account is whether the Contracting states has taken all necessary measures according to the circumstances of each case individually in order to carry out its obligation under Article 8 of the European Convention on Human Rights, because otherwise it will be responsible for violating the right to respect for family life.

Domestic violence and the Hague Abduction Convention: the Indian perspective

This note seeks to point out India’s objections for acceding to the 1980 Hague Convention on International Child Abduction. It highlights the drawbacks in the now recommended draft of The Protection of Children (Inter-country Removal and Retention) Bill, 2016. Domestic violence is one of the major causes of parental abductions as seen from the approach of the Indian judiciary. Indeed, the principle of the paramount welfare of child overrides the personal rights of either parent for custody of child. The note rejects the Indian Law Commission’s recommendation of sending the mother to jail if the mother had justifiable grounds to leave the husband and the foreign country. India’s sovereign rights under Section 13 CPC/44 A CPC is not subject to foreign custody/ return orders. India’s accession to The Hague Convention acts as an estoppel to its sovereign rights under the above mentioned provisions of the CPC.

International Parental Child Abduction: An Explorative Analysis of Legal Standards and Judicial Interpretation in India

This article gives an explorative analysis of legal landscapes of international child abduction by parents in India. The international child abduction cases typically involve couples in failed matrimonial relationships, where one parent unilaterally takes the child back to his or her native country. The article examines the principles propounded by the Indian judiciary in these cases and the latest Indian legislative initiative to tackle the problem, the draft Civil Aspects of International Parental Abduction Bill, 2016, which was open for public comments. The article considers whether the Bill is in conformity with Hague Convention on the Civil Aspects of International Child Abduction 1980 and whether it provides a strong mechanism to tackle international parental child abduction.

International Parenting and Child Protection Matters Beyond the Specific Issue of Parental Child Abduction: The 1996 Hague Convention on the International Protection of Children

The globalisation of the economy and the increasing ease of travel have led to the internationalisation of families. Bi-national couples and families relocating from one country to another are now commonplace. The international element of family life often leads to complex legal situations – such as international parental abduction – when these families are facing a crisis. However, the scope of legal issues arising from the internationalisation of families and affecting children is wider than the abduction problem and can relate to relocation, access rights, urgent protection measures or transborder placement, to name only a few. This paper aims to present the 1996 Hague Convention on the International Protection of Children which establishes a comprehensive framework ensuring the effectiveness of the rights of children involved in a crossborder situation.

The Consequences of Parental Abduction

This descriptive pilot study examined parental abductions through a retrospective view from the abductee. The purpose of this pilot study was to help mental health professionals better understand the psychological consequences that result from a parental abduction in order to help the victims when they return home. A multiple choice and short answer questionnaire was developed for this pilot study and administered through phone interviews. A total of 13 people participated in the study. Effects identified in this study by the abductees included loss of trust with the opposite sex, trouble making and keeping friends, feeling like they were in a dream-like world, trouble recalling important aspects of the abduction, and trouble sleeping and concentrating after the abduction.

Extension of the Hague Convention to non-signatory nations: a possible solution to parental child abduction

Non-signatories to the Hague Convention on Civil Aspects of International Child Abduction can roughly be divided into two categories, those with a principled objection to the convention such as Islamic nations and those that have not yet ratified the convention but do not have a principled objection to it such as India. In this paper, the researchers seek to study the utility and feasibility of the extension of the Hague Convention to both these types of nations. The idea that the researchers seek to uphold is that parental abduction of the child in order to obtain a favourable forum of adjudication is essentially antithetical to the best interests of the child and therefore must not be permitted, regardless of whether it is justified by cultural relativism.

Section One: International Parental Abduction: New York Law and the Convention on the Rights of the Child

Section One: International Parental Abduction: New York Law and the Convention on the Rights of the Child

Interpreting the Hague Abduction Convention: In Search of a Global Jurisprudence

This Article is an expansion of the Brigitte M. Bodenheimer Memorial Lecture on the Family I delivered on February 19, 2004 at the University of California at Davis School of Law. Notwithstanding the reference to in its title, the Convention covers violations of custody rights more generally, encompassing wrongful removals or wrongful retentions of children up to the age of 16. The Convention takes a somewhat unique approach to the problem of international parental abduction. Rather than address the issue through jurisdictional rules and the recognition of judgments - which is the approach of the Uniform Child Custody Jurisdiction Act (UCCJA) and the more recent Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), as well as that of the new 1996 Protection of Children Convention - the Abduction Convention simply requires the of a child who has been wrongfully removed or retained in another Contracting State. If a child (up to the age of 16) habitually resident in a Convention country is wrongfully taken or retained in another Convention country, the authorities of the country to which the child is taken are required to return the child to the country of their habitual residence. With respect to a child who is brought to the United States, this is done by filing a Hague application for return in the state or federal court of the State where the child is located.

Adult Domestic Violence in Cases of International Parental Child Abduction

This article discusses the Hague Convention on the Civil Aspects of International Child Abduction and its impact on battered mothers and their children seeking safety in the United States. We discuss relevant articles of the convention, the extent to which adult domestic violence is present in cases of international parental abduction, and cases in which battered mothers have contested the forced return of their children to an abusive partner. We conclude with recommended steps needed in research, training, and legislation that may increase the likelihood of safe outcomes for battered mothers and their children.

Reconsidering the Leading Myths of Stranger Child Abduction

This paper addresses the two foremost myths of child abduction: (1) that it is generally committed by strangers; and (2) that the phenomenon is a growing problem. These commonly held views are considered in light of the extant empirical knowledge base, including the recently released NISMART‐2 study. Research indicates that stranger abduction occurs less frequently than family abduction or acquaintance abduction; stereotypical stranger abductions are rarer still, and stereotypical stranger abductions resulting in homicide are extraordinarily rare. There is no evidence of a stranger‐abduction epidemic, and there is no clear evidence for a child abduction epidemic overall. There is, however, strong evidence that parental abduction is widespread. Assessment of the extant knowledge base suggests the need for: (1) national longitudinal studies with consistent typologies and methodologies which could determine the scope and trend of child abduction; (2) increased efforts to verify interview data to avoid overestimation; (3) theoretical construction to predict/explain abduction behaviors; and (4) migration of new elaborated typologies into NIBRS and especially UCR data collection.