A Montana mother got her children back after their father kidnapped to a yacht. Following a summer visit, the father wrongfully retained the children and began brainwashing them with his new wife. After eight months the Federal Bureau of Investigation was able to capture the pair and return the children to their mother.
Authorities say Angela and James Bryant loaded the children onto their 40-foot sailboat and took off for the Bahamas — outside US waters and away from the easy reach of US law enforcement.
They were caught in March when they sailed back to Miami so Angela could fly to Hawaii to visit her parents.
The FBI was tipped off and Angela was arrested at her family’s home. Thousands of miles away in Florida, James Bryant hastily loaded his children back onto the boat and fled back to the safety of Bahamian waters.
A Coast Guard cutter intercepted the yacht after a two-hour pursuit and the children were returned to their mother back in Montana.
Read more: http://www.dailymail.co.uk/news/article-2185707/Angela-Kelly-sentenced-4-years-abduction-Montana-children-yacht-Bahamas.html#ixzz24vvpQQMk
In an international case that confronts how the term “habitual residence” shall be understood under Hague Convention on the Civil Aspects of International Child Abduction in the United State of America, the U. S. Supreme Court will be reviewing a lower court’s ruling that returned a child to Scotland, when the trial court order was to keep the child in the U.S.
This case will be instrumental in lower courts understand and apply the Hague Convention on the Civil Aspects of International Child Abduction.
Kelly Rutherford whose children live in France with her ex has to travel there to see them because the Ex has no visa to America. She will know become familiar with the Hague Convention on the Civil Aspects of International Child Abduction in order for her to be prepared to enforce her custody and visitation in France. A court ruled that her flexible schedule would allow her the time to see her kids.
TMZ.com is reporting that she is “devastated” – understandable in that any large distance between parent and child makes bonding difficult.
International child custody cases like this are always difficult on the parties, and especially the children. We’ve worked with parents and lawyers multiple countries and it’s never easy, but positive outcomes can be achieved with experienced and knowledgeable attorneys.
In a sad case of delayed justice, a Canadian judge has dismissed a Petition for return of a child who was kidnapped by his mother when he was five and taken to Canada, and hidden from his father by a fake name and papers.
A decade later, he was found and his father sought his return, but because the child is doing well in school and is settled, and “vehemently” did not want to return to Zimbabwe the court dismissed the petition.
This is the Hague Convention on the Civil Aspects of International Child Abduction in action, protecting the best interests of the child, even in situations that seem filled with injustice all around.
Read the article here.
Japan, the only country in the Group of 8 industrialized nations that doesn’t abide by the Hague Convention on International Child Abduction, has returned a girl to her father in Chicago.
It was truly a matter of constant vigilance by the father, good luck, and an alert Immigration official that created enough pressure on the mother to agree to send the daughter back to her father.
In the world of International Child Custody, those cases involving Japan have been lost causes to date. This case was a fluke and should not be considered a standard practice, but it does show that constant work and hope MAY pay off sometimes.
Read the article here.
The Hague Convention on the Civil Aspects of International Child Abduction provides for a petitioner to seek return of a child that is being wrongfully withheld or was removed in violation of a parent’s custodial rights.
In countries that are signatories to the Hague Convention, there is still not complete compliance with a return request and estimates are that less than 60% of all petitions result in a return order. Some countries have higher compliance than others, and other countries are too new to the Convention to have a reliable return percentage.
For example, Singapore is a new signatory and there is simply not enough data, on the other hand Israel has been a signatory long enough to establish that a return order is highly unlikely.
Once a return order has been issued, there is still the issue of having the order enforced, and of those, only about 50% are implemented. It is dependent on the country and if they have the mechanisms in place under their local law enforcement to process and return an abducted child.
This is GREAT NEWS for custodial parents of international child custody and child support cases:
The European Union signed yesterday a new international convention making it harder for absentee parents to escape child support payments.
The Hague Maintenance Convention agreement sets up “a worldwide system for recovering child support and other family maintenance payments”, also providing for free legal aid in international child support cases, the EU said.
It extends beyond the external borders of its 27 states, home to half a billion people, the broad thrust of internal EU rules on recognising and enforcing maintenance decisions, which will apply from June 18 this year.
“The EU’s signing of this international convention will ensure that children receive the same protection if a parent moves outside the EU,” said justice commissioner Viviane Reding in a statement.
The decision has still to be ratified and will not acquire legal force until 2013.
The United States, Norway and Ukraine have already signed the convention. Others including Japan, China, Russia, Australia, Canada and Brazil are expected to do so, the EU said.
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