International Parental Child Abduction

INTERNATIONAL PARENTALCHILD ABDUCTION

A Holistic Approach

Ann WollnerRosa Saladino

WHAT IS INTERNATIONAL PARENTAL CHILD ABDUCTION?

Parent taking or keeping child overseas without other parent’s permission, or court order

father comes to pick up the child for the weekend and mother and child have vanished

father takes child to visit sick grandfather in England and never comes back

WHAT IS INTERNATIONAL PARENTAL CHILD ABDUCTION?

Other namesParental kidnapping Child snatchingChild stealing IPCA It’s NOT

Child SlaveryChild Trafficking

COMMON SITUATIONS◦One parent comes from overseas

(44.2%-2011) Escaping from family violence Revenge Parents separating and family and

support overseas New born baby and family and support

overseas Separating and father thinks Australian

family law gives the mother too many rights

IS IT A REAL PROBLEM?

Stats

Effects

IS IT A REAL PROBLEM?Australian Statistics-150 p.a.(min)

IS IT A REAL PROBLEM?

United States 1,700 p.a.

IS IT A REAL PROBLEM? EFFECTS

IS IT A REAL PROBLEM? EFFECTS

Pre abducti

onAbducti

onPost

Decision

Harms the child Loss of love and contact with half his family Loss of friends and community Loss of stability and consistency Loss of language, culture, name and nationality Causes psychological and emotional trauma Problems with anger, trust, abandonment, identity,

helplessness and fearfulness

IS IT A REAL PROBLEM? Child Abuse

IS IT A REAL PROBLEM? Left behind parent

Pre abducti

onAbducti

onPost

Decision

Stress fromRelationship breakdown

Devastation Depression Legal minefield

Parenting Fear Ange

rRelation-

ships

IS IT A REAL PROBLEM? Abducting parent

Pre abducti

onAbducti

onPost

Decision

Revenge

Insecure Depressionguilt Relief

Parenting

Isolated

Anger

Relation-ships

Post natal depressio

nFear

Paul’s abduction

SERVICES REQUIRED

LEGAL SOCIAL WORK

EDUCATION MEDIATION

SERVICES

SERVICES PROVIDEDISS Australia- www.iss.org.au

LEGAL SOCIAL WORK

EDUCATION MEDIATION

SERVICES PROVIDED ISS LEGAL

Pre abducti

onAbducti

onPost

Decision

• FAMILY LAW• RELOCATION

ADVICE

• PACE ALERT

ADVICE

• HAGUE CONVENTION

• NON HAGUE CONVENTION

ADVICE

• HAGUE CONVENTION

• NON HAGUE CONVENTION

ADVICE

• HAGUE CONVENTIONAPPLICATION

• MEDIATIONREFERRAL

• PACE ALERTADVICE

• LAWYERS• MEDIATIO

NREFERR

AL

SERVICES PROVIDEDISS SOCIAL WORK

Pre abducti

onAbducti

onPost

Decision• FAMILY LAW

• FAMILY VIOLENCE

• PACE ALERT

REFERRAL

•HAGUE CONVENTION

•NON HAGUE CONVENTION

INFORMATION

•COUNSELLINGSUPPORT

• CHILD PROTECTION

SOCIAL WORK

• MEDIATION• LAWYERS• NETWORK

PARTNERS

REFERRAL

• COUNSELLINGSUPPORT

• LAWYERS• MEDIATION• GROUPS

REFERRAL

SERVICES PROVIDED ISS INTERNATIONAL MEDIATION

Pre abducti

onAbducti

onPost

Decision

• RETURN• VOLUNTARY• COURT ORDERED

• ACCESS• INTERIM• FINAL

MEDIATION

IPCA ISSUESDelays in return

◦Non contact/ alienationUnenforceability of conditions in return

orders “ toilet paper”

Increased conflictOngoing traumaNumber of non Hague countriesUnevenness in Hague Jurisdictions

Questions ????