BLOG NUMBER 73; MARCH 29; IT SHOULD WORK, BUT.....

‘THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION.’ IT WAS SIGNED BY CANADA IN1980 AT THE HAGUE CONVENTION.

Findings The Congress makes the following findings: (1) The international abduction or wrongful retention of children is harmful to their well-being. (2) Persons should not be permitted to obtain custody of children by virtue of their wrongful removal or retention. (3) International abductions and retentions of children are increasing, and only concerted cooperation pursuant to an international agreement can effectively combat this problem. (4) The Convention on the Civil Aspects of International Child Abduction, done at The Hague on October 25, 1980, establishes legal rights and procedures for the prompt return of children who have been wrongfully removed or retained, as well as for securing the exercise of visitation rights. Children who are wrongfully removed or retained within the meaning of the Convention are to be promptly returned unless one of the narrow exceptions set forth in the Convention applies. The Convention provides a sound treaty framework to help resolve the problem of international abduction and retention of children and will deter such wrongful removals and retentions 

The Aims of the present Convention 



·  It is designed to secure the prompt return of children, wrongfully removed to or retained in, any Contracting State.

·  It ensures that the rights of custody and access, under the law of one Contracting State, are effectively respected in the other Contracting States.

·  It states that the Convention shall apply to any child who was habitually resident in a Contracting State immediately before any breach of custody or access rights. The Convention shall cease to apply when the child attains the age of 16 years.

The Convention has a total of 45 articles and is worth reading.

A Huge Problem

Some see the Convention as a means of reunifying families; and indeed, it can be. However, in practice, it often has a dark side. In many cases children and custodial mothers are being sent back to a dangerous or abusive father from whom they fled. Data from signatory countries show that the majority of abductors are mothers with primary or joint custody, and a majority of them report fleeing abuse. 

Many abductions are actually flights to safety, necessitated by the HOME STATES’ failure to protect victims from domestic violence and child abuse. In these cases, rather than returning children to loving and safe parents, the convention actually reunifies children and mothers with their abusers.

Investigation Must prevail

It is important to note that the Convention provides:

·    Return is not required when the left-behind parent does not have a “right of custody,”

·    Or where there is grave psychological or physical risk to the child,

·    Or where the child will be returned to an “intolerable situation.”

Willful Distractions

Some member states are lax in investigating such situations; while other states are more concerned with political implications and international status.   

 Prevailing Attitude 

Courts understandably look unfavourably at abductors, regardless of their professed motives, and often punish them, and unfortunately also the child, with loss of custody. Sometimes they do not take seriously the need for protection from abusive husbands and fathers when child custody is at issue. 



QUOTE OF THE WEEK:

"Yeah I hit her, but I didn't hit her more than the average guy beats his wife." 

SERIOUSLY?

SOURCE: AL JAZEERA 2013-02-10 14:07:00


LEMONS TO:

Every nation, every male, every husband, every honour-killing-father who subjugates or brutalizes or does not accord women their equal rights to societal freedom, education, free speech and dignity.

CLIP OF THE WEEK: