Judges in International Parental Child Abduction

A topic that is never disgust in International Child Abduction, but needs serious attention, are the judges….

As we look forward and create changes to help protect the hundreds of thousands of children each year who are targeted for international abduction, CARI sees the critical need to create training for all judges dealing with Hague Convention cases.

The fact is that the vast majority of judges who oversee international child abduction cases have not been trained in the very complex legal, psychological, political, financial and logistical matters that impact all cases of international abduction. We face a reality that has untrained judges and courts contributing too many failures, including properly and expeditiously overseeing legal proceedings that seek the return of abducted children to their country of habitual residency. Having judges trained in the complex legal issues, would have a dramatic impact on reducing the global abduction rate, but also increasing diplomatic relationships among countries. As well, it is highly conceivable that the issues that exist today regarding the lack of judicial compliance would be greatly reduced as more judges become trained on Hague matters.

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The reality is that today many targeted parents who have experienced abduction and who have been abused by the abducting parent remain targets of their child’s kidnapper. Courts are hesitant to hold parental child abductors accountable for their act. Part of the problem lies heavily in an untrained judiciary – judges who are not trained in the deep understanding of parental abduction matters. Tragically, the result of untrained judiciary and actors involved in abduction matters is that the targeted parent will believe that the courts will not hold the abductor accountable and equally alarming – by failing to hold the abductor accountable – the courts in essence empower the abductor who has returned with the child after the kidnapping – to attempt to abduct again or to continue making allegations against the targeted parent.

Governments need to step up to the plate and make this, not just a family issue as the majority does see it as, but a crime and enforce harsh penalties on any parent or family member abducting a child.

Judges and courts need to order authorities to enforce what the courts have decided, without this important key in The Hague Convention rulings, what is the point of parents going through the system year after year spending all their savings and more, to be told at the end no one can enforce the courts rulings! This is 95% of CARI’s work, enforcing The Hague Convention rulings.
Tragically, when a targeted parent of abduction receives little or no support or protection from the court while they are working to protect their child from abuse (including but not limited to abduction), then that parent can become disenchanted with the legal system they once believed would protect them and their child. They lose hope.

Sometimes claims of abuse are real, and CARI acknowledge this reality, seeing it first-hand. In such cases we urge all parents to seek all intervention and assistance available to them under the rules of law in their country of residence. Conversely, we have also seen in a great number of international child abduction cases when both men and women make false claims against one another. This is a reality and a topic we have raised in the past.
As always we encourage all parents to be familiar with CARI’s RISKS AND WARNING SIGNS of international parental child abduction, which we have posted in the past. Being aware of these warning signs is critical in preventing an international abduction from occurring. Never think that you or your child(ren) could not become a victim of this inhumane crime. Be proactive and protect yourself… and your child(ren).

CARI has seen some unbelievable decisions being made by very inexperienced Judges in many countries around the world, whether it is in a Hague or None Hague signatory country. Honestly, some judges are on the same ‘who gives a crap’ level as many social services and need a good kick up the arse to give them a wake up or even better, send the Judges with CARI and see exactly what their decisions are doing to the children who are stuck like prisoners.

Really parents……get yourself an experienced lawyer who has dealt with Parental Abduction before. Don’t use a first timer……Don’t be scared to ask lawyers, which cases they have worked or how many International Parental Child Abduction cases they have worked, because we know, and have seen very good lawyers even advise the inexperienced judge on matters!
But, in saying this please also be careful of the many rouge lawyers out there who see one thing when a victim parent rings them for the first time $$$$$$. Do not trust a lawyer or law firm solely, on the basis that their name is on a list of lawyers on any government or government funded charity website. As in any field including child recovery, there are people who do and will, take advantage of vulnerable left behind parents. (something we will be discussing shortly)

You really need to be proactive and protect yourself and your children because the bottom line and reality is, most cases you will not get any help from your government, most embassies will do nothing, you will look to Facebook to the many pages for others to help you often giving incorrect advise, government funded charities will tell you only what the governments want and brainwash you into you trying very unrealistic options like mediation or writing a letter, you will be approached by people often through Facebook who see your story and promise you to return your child(ren) only to be scammed, and Judges will often ignore other rulings and make a judgment on what they feel is best often with the Judge being very inexperienced with International Parental Child Abduction……

Why don’t governments spend their time and money on conducting training courses for all Judges, who are to touch an International Parental Child Abduction case, instead of the rubbish and unrealistic methods they preach today? If the Judge is not trained, they don’t touch a case of IPCA. Like in any job, you’re not trained to cook the hamburgers at McDonald’s, then you stick to something else you are trained in.

Why should Judges be put in charge of cases where they have no idea what to do, except look through a couple of case studies, even if that is available to them.

It’s not some local shoplifter we are dealing with now is it…..it’s the well-being and life of the most precious thing we have, our children.

Child Abduction Recovery International, places the highest priority on the welfare of children, and is deeply committed to assisting and reuniting children and parents involved in International Parental Child Abduction cases around the world.

If we don’t tell the truth and help who will……


Follow this link to our Warning Signs; Warning Signs Parental Child Abduction



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