1. International Parental Child Abduction
A Holistic Approach
Ann Wollner
Rosa Saladino

2. WHAT IS INTERNATIONAL PARENTAL CHILD ABDUCTION?
Parent taking or keeping child overseas without
other parent’s permission, or
court order
parents separated, 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

3. WHAT IS INTERNATIONAL PARENTAL CHILD ABDUCTION?
Other names
Parental kidnapping
Child snatching
Child stealing
IPCA
It’s NOT
Child Slavery
Child Trafficking

4. 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

5. IS IT A REAL PROBLEM?
Stats
Effects

6. IS IT A REAL PROBLEM? Australian Statistics-150 p.a.(min)
1.Around 150 Hague applications to and from Australia filed each year. About double not filed or to countries not covered by the Hague Convention.
2. About 350 inquiries at ISS per annum
3. No stats collected on non Hague countries since 2003

7. IS IT A REAL PROBLEM? United States 1,700 p.a.
US Stats include abductions worldwide not just Hague Countries

8. IS IT A REAL PROBLEM? EFFECTS
Many people affected
CHILD-“I was scared whenever there was a knock at the door. I am still scared now.”
LEFT BEHIND PARENT- “Everything hurt me. It was as if I had no skin on my body.”
ABDUCTING PARENT- “The return order felt like a guillotine.”
LEFT BEHIND RELATIVES-”I felt loss and outrage. A thread of our family had been snapped.”

9. IS IT A REAL PROBLEM? EFFECTS
Pre abduction
Abduction
Post Decision
Vary according to stage
Short and long term effects- absolute torture you never get over

10. IS IT A REAL PROBLEM? Child Abuse
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
Long lasting effects
Children are egotistical and often assume responsibility for abduction
Problems with school, depression, violence, drinking, self hate, loneliness
Childhood stolen
In many cases already dealing with conflict associated with family breakdown. Often continuing conflict on return

11. IS IT A REAL PROBLEM? Left behind parent
Parenting
Fear
Anger
Relationships
Stress from
Relationship breakdown
Pre abduction
Abduction
Post Decision
Pre Abduction- Often dealing with anxiety and depression from relationship breakdown
Abduction- inability to continue with life; unable to function, physical symptons of stress (loss of hair, illness, unable to concentrate), loss of job and consequent economic and social difficulties.
Post Abduction- Fear of re-abduction, caring for children (feeling depleted, children angry); pressure and expense of further litigation, powerlessness; new relationships impeded (fear of reoccurrence; increased suspicion, redirected revenge)
Devastation
Depression
Despair
legal

12. IS IT A REAL PROBLEM? Abducting parent
Revenge
Post natal depression
Fear
Parenting
Isolated
Anger
Relationships
Pre abduction
Abduction
Post Decision
Further litigation- relocation or not- Futility, isolation, impoverishment, fear of violence, impact on health, impotence
Insecure
Depression
guilt
Relief

13. Paul is aged 6. Paul and his parents, Carmen and Roberto are nationals of Spain, but came to live permanently in Melbourne in They have relatives, including Paul’s maternal grandmother in Melbourne
Paul and Carmen separated in June 2012 and Carmen repartnered in January During the period leading to separation, Roberto threatened to kill himself if the separation went ahead.
Carmen and Roberto managed to agree on parenting arrangements, whereby Paul lived with Carmen and spent weekends with Roberto.
Carmen had a nagging feeling that Robert might try to take Paul back to Spain, so she sought legal advice. The legal advice was to secure his passport in a safety deposit box. This she did. Unbeknownst to Carmen, Roberto went to the Spanish consulate and secured another passport for Paul claiming that his passport had been lost.
During one of Paul’s weekend visits with Roberto in February 2013, Roberto took him and flew back to Spain. Carmen discovered this when Paul wasn’t returned as scheduled at the end of the weekend. When Paul hadn’t come home by 9.30 pm, she went to Roberto’s house and tried texting him. His house was dark. She called around to the hospitals. She texted that if she didn’t hear from him within 30 mins she would go to the police.
Around midnight the frantic Carmen went to the police to report Paul and Roberto missing. While she was there she got a call. Her caller id indicated that the call was from Roberto’s sister Susan who lives in Spain. When Carmen answered the call, Roberto was on the line and told her that he and Paul were in Spain and if she tried to get Paul back, he would take Paul and disappear.
While Paul has been in Spain, Roberto has allowed him to speak to Carmen every second day. These calls are always monitored on loud speaker.
Roberto has allowed Paul one contact with his uncle who lives in Spain. He has told them that his father has threatened him that if his mother tries to get him back to Australia, his father would take him away and he would never see his mother again. Roberto told the uncle that the removal was an act of revenge, to destroy Carmen’s happiness
Paul’s abduction

14. SERVICES REQUIRED
SERVICES
LEGAL
SOCIAL WORK
EDUCATION
MEDIATION
Situation- Desperate, distraught mother, an unstable father and a child wrenched from his mother, family friends and community. Terrified that he may never see his mother again.

15. SERVICES PROVIDED ISS Australia- www.iss.org.au
LEGAL
SOCIAL WORK
EDUCATION
MEDIATION
International Social Service is a not for profit organisation which operates through a network of branches in about 140 countries.
It is guided by international conventions focussing on children and families.
UN Convention on the Rights of the Child
Hague Convention on International Child Abduction
Hague Convention on Intercountry Adoptions
Hague Convention on Protection of Children
In Australia, it operates nationally from offices in Melbourne and Sydney.
It offers a broad set of IPCA Services (brochures available at conclusion)
The legal and social work services are funded by the Federal Attorney General’s department and are provided free to clients. The documentation preparation relates to children like Paul removed from Australia to one of the 89 Hague Convention Countries
The mediation service is endorsed by the Federal Attorney General’s department and Family Law Courts. It is provided to clients at an affordable price.
The education and training services are provided at reasonable rates.
We have experienced practitioners who provide professional, non threatening, non judgmental, non discriminatory and ongoing services.

16. SERVICES PROVIDED ISS LEGAL
Pre abduction
Abduction
Post Decision
ADVICE
HAGUE CONVENTION
NON HAGUE CONVENTION
APPLICATION
REFERRAL
MEDIATION
LAWYERS
ADVICE
PACE ALERT
REFERRAL
LAWYERS
MEDIATION
ADVICE
FAMILY LAW
RELOCATION
PACE ALERT
HAGUE CONVENTION
NON HAGUE CONVENTION
Refer to Paul’s Case
Preabduction- Prevent abduction
Mother and father needed advice about Australian family Law (especially relocation) and the application of the Hague Convention on the Civil Aspects of International Child Abduction.
Mother needed advice about the PACE Alert and need to place Paul’s name on the Airport watch list.
Lawyer needed advice about the PACE Alert and need to place Paul’s name on the Airport watch list.
Abduction
Advice about Hague Convention process (adversarial and conflictual) and mediation
Advice re abduction to non Hague Convention countries ( Egypt and Lebanese agreements)
Referral to mediation
Preparation of Application, involves instructions
Post Decision and return
Advice about PACE Alert
Referral to lawyers and mediation (Parenting arrangements). Return under Hague Convention does not determine merits of the case. It determines jurisdiction

17. SERVICES PROVIDED ISS SOCIAL WORK
Pre abduction
Abduction
Post Decision
SUPPORT
COUNSELLING
SOCIAL WORK
CHILD PROTECTION
REFERRAL
MEDIATION
LAWYERS
NETWORK PARTNERS
SUPPORT
COUNSELLING
REFERRAL
LAWYERS
MEDIATION
GROUPS
REFERRAL
FAMILY LAW
FAMILY VIOLENCE
PACE ALERT
ADVICE
HAGUE CONVENTION
NON HAGUE CONVENTION
In Paul’s
Pre Abduction- Prevention/ Deterrent
Mother and father advice about Hague Convention
Referral to lawyers regarding PACE Alert, Family Law, Hague Convention
Abduction
Mother – counselling support during Hague process, referral to mediation, lawyers, support groups, liaised with lawyers
Child – Protective concerns- liaise with ISS Network in Spain, connection with Child Protection Services
Family members- counselling
Post Decision (Return or not)
Economically and emotional depleted
Mother/ father/ child-refer to counselling, lawyers and support groups (ongoing trauma and response)
Mother- plan for conditions on return, reintegration of child, ongoing support

18. SERVICES PROVIDED ISS INTERNATIONAL MEDIATION
Pre abduction
Abduction
Post Decision
MEDIATION
RETURN
VOLUNTARY
COURT ORDERED
ACCESS
INTERIM
FINAL
Mediation preferable to all involved because
facilitates improved ongoing relations
More satisfactory resolution than court imposed decision
Child’s wishes given more consideration
Can be attempted
Prior to start of court proceedings
During court proceedings
Can deal with
Overall resolution
Interim resolutions
Offered to Carmen and Roberto but declined. Court in Spain ordered mediation prior to considering the case.

19. IPCA ISSUES Delays in return
Non contact/ alienation
Unenforceability of conditions in return orders
“ toilet paper”
Increased conflict
Ongoing trauma
Number of non Hague countries
Unevenness in Hague Jurisdictions
Delays
Hague Convention-
Meant to be hot pursuit process (6 weeks). Not meant to be merits based. Orders child back so country of Habitual residence can decide on the best interests of the child.
Delays in outcome because of inability to locate child, overloaded government central authorities and courts, use of delaying tactics by abducting parents (including appeals)
Delays provide opportunity to denigrate parent, deterioration in relationship between child and left behind parent, increased difficulties on return.
Conflict
Difficulties of process, lack of trust, Court involvement and associated ongoing lack of trust increases conflict and compromises the development and wellbeing of the child.
Number of non Hague countries
89 Countries have signed convention.
Main omissions- China (except Hong Kong and Macau); Muslim countries (Lebanon and Egypt agreements); India; Japan
Unevenness of Hague Jurisdictions
New Zealand, United Kingdom and Unites States responsive
Non compliant- South American Countries-Argentina, Brazil, Ecuador, Panama, the Bahamas
Non enforcement- Argentina, Brazil, France. Mexico, Poland and Romania.

20. Questions ????