If you are an NRI married to a woman whose permanent home is not in the country you reside in, have children, and you are seeing any signs whatsoever of issues in your marriage, YOU NEED TO ACT FAST to prevent the international parental abduction of your children.
What do i mean by need to act fast? Get a court order to prevent the abduction, have the court rule that passports should be kept in a safe place and accessible only by both parents consent, and once you have the court order ensure that the immigration authorities enter the likely kidnapper’s name in a database so that if the kidnapper tries to leave the country they are apprehended immediately
Remember, prevention is better than cure
There are zillions of cases where parents did not do this and now are suffering. Once a child leaves the jurisdiction of the country you are in, the arms of law become very weak. If the child is kidnapped to a country that is not a signatory to the Hague convention treaty (e.g. India), you’re screwed.
It is not easy to convince the courts but do not give up, get a good lawyer and push the court hard to ensure the order is given
READ THIS ARTICLE WHICH TALKS ABOUT TEXAS AND GETTING THE ORDER PASSED
A mom who kidnapped her son away from father was ordered by the SC to return the child to the father. See the difference in the mom and dad and determine for yourself who is likely to be the better parent
MOM–“It is so easy for the court to talk about the importance of parental relations, but then they go and kick the mother out of his life,” she said, adding that with no course of action left for her in Israel, she plans to take her case to both the United Nations and the European Union.
DAD–“I hope his mother comes back with him, too,” he concluded. “A child needs both parents.”
READ FULL STORY HERE
Officers of the Costa Rican National Police and agents assigned to the FBI’s legal attache office arrested 28-year-old Nicole Elise Kater near Sabalito De Tierra Morena De Canas, in the Province of Guanacaste, Costa Rica on April 22, 2008. Kater is charged with international parental abduction in connection with fleeing the United States with her daughter in violation of a court order.
(Media-Newswire.com) – Officers of the Costa Rican National Police and agents assigned to the FBI’s legal attaché office arrested 28-year-old Nicole Elise Kater near Sabalito De Tierra Morena De Canas, in the Province of Guanacaste, Costa Rica on April 22, 2008. Kater is charged with international parental abduction in connection with fleeing the United States with her daughter in violation of a court order.
In early August 2005, during the course of a custody dispute with the child’s father, Humboldt County Superior Court ordered Kater to appear for a custody hearing and prohibited her from taking her daughter outside of Humboldt County, California. Shortly before the hearing, Kater flew to Costa Rica with her daughter. The Court subsequently awarded custody to the girl’s father.
In December 2005, Nicole Kater was charged with international parental kidnapping and a federal warrant was issued for her arrest.
The FBI attributes the successful resolution of this three year investigation to extensive cooperation between law enforcement agencies in the United States and Costa Rica. Kater will remain incarcerated in Costa Rica until she is extradited back to the United States in early 2009. The child was reunited with her father, and both are expected to return to the United States this weekend.
Media inquiries may be directed to FBI Special Agent Joseph Schadler at 415 553 7450 or by email at firstname.lastname@example.org
This is for those whose children have been kidnapped from the US by a parent to Hague or non-hague countries. Many of us may not realize this but parental abduction is a crime in the US and governed by IPKCA.
There are at least 19-20 cases under IPKCA where parents have been convicted for taking children away. I have undertaken a project to research these cases and build further knowledge and will post my findings here.
The first case I am posting details on today is UNITED STATES OF AMERICA,Appellee,v.FAZAL-UR-RAHEMAN-FAZALa/k/a Fazal Raheman
Dr. Fazal Raheman, who was convicted of the crime in the following circumstances: He had married his wife in India and moved with her to Massachusetts. They had two children. After a few years he apparently became concerned that his wife was becoming too “independent” and he “made threats” against her. He then took the children without her consent to his former home in Nagpur, India and refused to return them. His wife obtained an emergency custody order from a court in Massachusetts while the husband obtained a custody order in his favor from the Nagpur Family Court. The mother traveled to India to try to find her children and bring them home but her husband filed criminal charges against her in India and she fled to the United States without her children. Dr. Raheman was then charged with the crime of international parental kidnapping. He was also charged with wire tapping since he had illegally tapped his wife’s telephone and videotaped her. He was captured during a return trip to the United States and after trial he was convicted of both charges and was sentenced to three years’ imprisonment, followed by three years of supervised release. He was ultimately released from prison on condition that he effect the return of his two children – then 12 and 8 years of age – to their mother in the United States. However, Dr. Raheman then proceeded to provide false information to the Nagpur Family Court, which was found to have inhibited the likelihood that the children would be returned to the United States. As a result he was sentenced to a further year and a day in prison. The Nagpur court transferred custody of the children to Raheman’s elderly mother in Nagpur and the mother had no contact with them except for sporadic visits. Imposing the second sentence, Judge Patti B. Saris harshly criticized Raheman for stealing the children from their home in the U.S., and noted that Raheman had betrayed the trust of the country which had given him great benefits while he lived here. Dr. Raheman appealed but a federal appellate court held that the International Parental Kidnapping Act was applicable to a father who took his children from the United States to India even though the pre-decree abduction was not illegal under state law. United States v. Fazal-Ur-Raheman-Fazal, 355 F.3d 40 (1st Cir. 2004).
The 2002 order The 2004 opinion
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