The important to recognize the risk of international parental kidnapping
Date: 9:32 am | Placed in Parental Guide |
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There are two reasons why parents should be alert to the possibility of abduction and take steps to prevent it. The most important reason is to protect your child from the potentially harmful effects of international kidnapping. These are described later (see “Potential harm to the child” on page 7 and “What myths hinder criminal prosecution and investigation, and how can they be dispelled?” on page 87). The sec-ond reason is to avoid the legal complications and unpredictable outcomes associated with recovery efforts in another country.
Once a child is abducted from this country to another, the laws, policies, and procedures of the foreign country determine whether and how the child will be returned. U.S. domestic law, which is favorable to recovering children who are ab-ducted to this country, is not the controlling law once a child is in another country. This is true even if the abducted child is a U.S. citizen. The U.S. Government may be able to help with your case, but it does not control the outcome.
Many countries send children back to the Unit-ed States under the Hague Convention on the Civil Aspects of International Child Abduction, but others have a poor record of compliance with the treaty. Some countries enforce U.S. custody and visitation orders, but many do not. Many countries allow their courts to make cus-tody decisions concerning the child, irrespective of custody orders made in this country. These custody decisions may be based on gender or nationality rather than the child’s best inter-ests, often to the detriment of the child and the American parent. In many countries, there is a probability that return will never occur. Some countries provide for visitation for the left-behind parent but may restrict those visits to the foreign country, and such overseas visitation is not effectively enforceable except in the country that orders it. Other countries may not provide visitation at all. Many countries will not extradite their citizens for any offense, includ-ing international parental kidnapping, and several have even refused to extradite American abductors back to the United States.
You can see from the possible complications surrounding child recovery from another country why prevention efforts in this country are so important. Read on to find out when safeguards are needed and which ones may work.
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