Parental Abduction

1
Parental Abduction

• By Carrie Becker and
• Natalie Kowalczyk

2
Child Abduction

• Each year approximately 400 children in Canada
  are reported missing due to parental abduction.
• If a child is abducted by a parent before a court
  order is in place there is no legal complaint.
• If a parent is still legally married he or she
  has the right to take the child whenever they
  want.

3
Gender of the Abductor

• Abductors can be either male or female.
• Fathers tend to abduct before an order is made
  while mothers tend to abduct after the custody
  order.
• This usually occurs when there is dissatisfaction
  in the custody order and the father is granted
  custody.

4
Age of the Child

• Younger children between the ages of three and
  five are those most likely to be abducted.
• Both females and males are likely for abduction
  in approximately equal proportions

5
Time and Location of Abduction

• Children are most frequently taken from their own
  home.
• Parental abductions increase during school
  vacations and at the end of an authorized weekend
  visit.
• Most abductions last two to ten days with some
  exciding a month.
• Most abduction occur before a relationship ends
  or two or more years following divorce.
• In almost half reported cases there was some sort
  of communication between the parents.

6
Effects of Abduction on the Child

• Abducted children suffer emotionally and
  sometimes physically
• Children usually exhibit a number of problems
  including
• Depression
• Loss of community
• Loss of stability, security and trust
• Excessive fearfulness
• Loneliness
• Anger
• Helplessness
• Disruption in identity formation
• Fear of abandonment

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Effects of Abduction on Child (continue)

• Children are at highest risk of developing
  attachment problems during the first few years of
  life. Some causes of attachment problems include
• Sudden or traumatic separation from the primary
  caregiver
• Physical, emotional or sexual abuse
• Neglect
• Frequent moves and or placement
• Inconsistent or inadequate care at home or in
  daycare
• Chronic depression of caretaker

8
Effects on the Parents

• Little research done
• Emotional trauma
• loss, anguish, despair, anger, confusion
  uncertainty
• Financial strain

California Man Being Held in Regional Jail for
Fleeing to Athens with his Three Children
9
Psychological and Sociological Factors five
consistent patterns

• Power struggle
• The chase me theme
• Abducting parent is emotionally disturbed
• Courts failing to award custody
• Legitimate concerns about the safety of the child

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Psychological and Sociological factors (continue)

• Child-Focused
• Believe they are better care providers for the
  child.
• Self-Focused
• Have a strong desire for revenge or
  reconciliation.
• No attention is paid to the child

He Will Go to Jail for Six Years Then Return My
Kids.
11
Best Interest of the Child

• At the present time judges award custody and
  visitation rights based on the best interest of
  the child the divorce act of 1985.
• Unfortunately the best interest-of-the-child
  neglects an elaborate list of factors that should
  be taken into consideration when awarding
  custody.

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Recommendations of the Special Joint Committee

• 16.2 The relative strength, nature and stability
  of the relationship between the child and other
  members of the childs family who reside with the
  child, and persons involved in the care and
  upbringing of the child
• 16.4 The ability and willingness of each
  applicant to provide the child with guidance and
  education, the necessaries of life, and any
  special needs of the child
• 16.10 The willingness and ability of each of the
  parties to facilitate and encourage a close and
  continuing relationship between the child and the
  other parent
• 16.11 Any proven history of family violence
  perpetrated by any party applying for a parenting
  order
• 16.12 There shall be no preference in favour of
  either parent solely on the basis of that
  parents gender
• 16.14 Any other factor considered by the court to
  be relevant to a particular shared parenting
  dispute.173

13
International Child Abduction

• Removing or holding a child outside home country
• Travel, tourism, global economy, bi-national
  marriages, dual citizenships, multiple passports
• Unfamiliar languages and laws
• Children rarely returned

14
The Hague Convention

• October 25, 1980
• Prevent international parental child abduction
  and to return children quickly
• Harm to child by removing from home country
• gt65 countries

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Problems

• Both countries must be signatories
• No binding authority
• Children may want to stay
• Assess harm and situation of return

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Battered Woman and Children

• Policy to return children without looking at the
  case
• Still assess intolerable situation or harm
• Expected to use other resources
• Domestic abuse is significant in many cases

Woman Acquitted of Kidnapping Own Child
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Criminal Charges

• No criminal charges
• International Parental Kidnapping Crime Act of
  1993 United States
• Fine or up to three years imprisonment
• Stop parents from returning?

Father Charged with Kidnapping 3-Year-Old
Daughter
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Handling Speed
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The Convention and Canada

• December 1, 1983
• Missing Childrens Registry
• Poor, insufficient training
• No specialized courts
• Efficiency problems

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Abductions and Theories

• Demonic Theories
• Classical Theories
• Freudian Theories
• Functionalist Theories
• Social Control Theories
• Labelling Theories
• Conflict Theories