Hague Convention No Enforcement

There is still an overwhelming lack of information out there about the reality of the Hague Convention and important aspects that most avoid or sweep under the carpet. Lets be honest, just because a country is a party to the appalling Hague Convention does not mean that it will effectively enforce its treaty obligations. In CARI Child Abduction Recovery Internationals 19 years in the recovery industry, we have assessed and observed noncompliance is due to the following problems:

  • The abducting to country has not enacted any legislation to implement the Hague Convention, which has not been integrated into the local legal system.
  • The Central Authority has no law enforcement powers. Any parent who has dealt with most Central Authorities will know what we are talking about.
  • Many abducting to countries see it as a family issue and authorities will not act or get involved.
  • Enforcement departments make half hearted (for show) or no serious efforts to locate children abducted by a parent.
  • As always the burden of finding an abducted child in the abducted too country, is left entirely to the left-behind parent including any cost involved. Local authorities provide no effective help and if the child can or can’t be located, nothing happens.
  • Corruption is a major problem in many countries throughout South America, Asia, East Europe, Africa and the Middle East. Abducting parents often pay bribes to officials to turn a blind eye or ignore the left behind parent. It happens more than you think.
  • There is a clear lack of understanding of the Convention among the judiciary.
  • The Central Authority in the abducting country are usually lazy and do not have adequate resources to perform its functions under the Convention.
  • The local courts in the abducting to country can reconsider the facts of a Hague at any stage of the proceeding, which allows proceedings to be prolonged substantially.
  • Most abducted to countries do not class Parental Child Abduction as a crime

Long March Route - ISB

We have said it countless times and advised many parents who contact us weekly if they should allow the other parent to take the children on a holiday to the other parent’s home country. Our answer is always no. Even if you have an agreement written by a lawyer and signed and stamped by your local court, which means nothing at all in a foreign country, don’t let your children travel. Abduction by retention is the number one way in which children are abducted by parents. There’s no system that will bring your child back home swiftly, unless the abducting parent changes their minds and decides to let the children return. You will spend years fighting in courts in two countries and spend tens of thousands sometimes hundreds of thousands of dollars on legal fees with a less than 3% chance of having your children returned. You have more chance of winning the lottery.

So many parents continue to be misinformed and strung along by either an inexperience lawyer or a lawyer who sees only dollar signs when you first ring and mention your children have been taken overseas. Reunite International based in the UK, which is a UK Government funded charity offering advice only, do not and will not have your children returned. Many parents come to us after being advised for some time by charities like Reunite or individuals they have met on some random ‘Parental Child Abduction’ Facebook page.

We are always shocked to hear what has been advised to some parents. Some parents have so many legal orders in their favor, we could easily assist legally in returning their children. Honest lawyers and law firms who we constantly work with, tell their clients exactly that. You can clearly see a pattern with some individuals in Facebook groups and pages, and what they advice.

Mediation we have touched on before and we will keep it short here. Mediation is the latest money making scam in Parental Child Abduction. We know of not one case where a child has returned through mediation. Kidnapping parents do not spend time on planning and money on kidnapping their children only to turn around and say, “Hey, yes you can have the children every second week.” There has been cases we have been involved in, where we negotiate with the kidnapping parent, but only after we have closed all the doors on them and they have no other option but to negotiate. Do not be fooled by those who only push mediation as you can bet your bottom dollar they will be getting paid and from what we are informed by parents, mediation is very expensive. Money down the toilet….as many parents describe mediation.

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It’s shocking to continue to be contacted by parents who tell us that the local judge ordered the other parent to travel on a holiday with the children, even if there is extensive evidence that shows the country in which they will travel to, has a history of not respecting other countries orders or enforce a foreign order. More education is needed for judges in all countries on the importance of these approved court holidays. If there is enough evidence to show the foreign countries is a noncompliance or non enforcement country, then other remedies need to be taken, before ordering children to travel overseas. We can tell you now, it’s much better and cheaper to prevent children being taken in the first place to such countries that do not fully respect their international treaty obligations than to attempt to recover the children after the fact.

There is a very simple reason why we constantly have between 8 to 13 jobs going on at one time, with a usually 2 month waiting period after we accept taking on your job, THERE IS ABSOLUTELY ZERO ENFORCEMENT in the Hague Convention. We just took on our 12th job (as of June 2019) and it’s another parent who initially contacted us 18 months ago. Now after our client has every possible legal document they could possibly have; our client still can not have the children returned through local enforcement. Their lawyer told the parent to contact us. So, we will return the clients children with our client and court documents. As simple as that. Misinformed parents are being told to continue fighting in court……FOR WHAT? It’s time to wake up if you ever want to see your children again.

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*PARENTAL CHILD ABDUCTION IS CHILD ABUSE*

If you have any questions or concerns regarding International Parental Child Abduction feel free to contact CARI Child Abduction Recovery International 24/7. We are always available at info@childabductionrecovery.com or by calling our CEO Adam Whittington directly +46 707834328 on Whatsapp

We don’t just talk, we are the only ones who actually recover children!

www.childabductionrecovery.com

 

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