Parental Abduction is Child Abuse

Entries from January 2008

Plea to the Indian Government for parental child abduction

January 13, 2008 · No Comments

Our children are our only hope for the future and we are duty bound to provide them hope for their present and for their future, I request the Indian Government to take the issue of parental abduction seriously and take the following steps immediately and concurrently:

A) Treat issues relating to parental child abduction with urgency and resolve expeditiously in Judiciary

  • When children are used as PAWNS in marital disputes, SEPARATE custody issue from other matters, give it PRECEDENCE over other matters, and FAST TRACK it – maximum 6 MOS. to resolution
  • Apply COMMONSENSE principles to define JURISDICTION based on “habitual and natural residence” and prevent FORUM SHOPPING

B) Ensure Judiciary Prevents Child Abuse and Maintains Contact

  • At FIRST hearing pass orders to ensure that child maintains CONTACT with left behind PARENTS and GRANDPARENTS
  • ENFORCE orders and PREVENT ABUSE by assigning licensed child psychologist and counselor to case and order BI-WEEKLY welfare visits and MANDATORY child counseling

C) Safeguard Child Rights

  • NCPCR should set up a SPECIAL INDEPENDENT COMMISSION immediately to investigate the VIOLATION of children’s rights under UNCRC in cases of parental child abduction
  • Submit REPORT & RECOMMENDATIONS within the next 6 MOS.

D) Make Parental Abduction a Crime

  • Parental abduction is a heinous CRIME and is tantamount to CHILD ABUSE of the worst kind
  • DETER abductions by treating it as a cognizable, non-bailable, non-compoundable CRIME

E) Sign the Hague Convention

  • Ensure prompt RETURN of children wrongfully removed to and retained in India
  • Ensure that rights of custody and of access under the LAW of NRI’s country are RESPECTED in India

NATIONAL CONFERENCE ON LEGAL AND JUDICIAL REFORMS IN INDIA

Categories: Hague convention · child abuse · child custody · child rights · divorce · parental child abduction
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