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Offline SageDad

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The Two Faces of International Child Abduction
« on: March 24, 2010, 12:34:03 AM »
I often monitor news stories in Spanish related to international child abduction.  Today I came across articles from Spain about a conference in Washington on the subject involving judges from many countries including Brazil, Mexico, Spain, England and a number of others.  I thought to myself, that's odd why didn't I see anything in English about that, since I monitor English news stories on the topic much more closely.  I dug a bit deeper and realized I was searching for the wrong words...

In a press conference today Philip J. Crowley, the Assistant Secretary in the Bureau of Public Affairs at the US State Dept announced:

Quote from: Crowley
Today at the State Department, we are hosting a three-day international judicial conference on cross-border relocation. The conference is a joint effort of the International Centre for Missing Children, The Hague Conference on Private International Law, and our Bureau of Consular Affairs. And it brings together high court judges and justices from a number of countries – United Kingdom, Spain, New Zealand, Brazil, Canada, Australia, Germany, Pakistan, India and Egypt, as well as state and federal judges from here in the United States, and central authority officials from Mexico, Australia, France, Brazil, the United States, as well as academic experts from the United Kingdom, United States, and New Zealand. And it’s to review issues surrounding cases where a custodial parent wants to move with children to a new location, crossing a border and the legal implications of that.

You see, when the State Department talks about international child abductions with parents of kidnapped children's they say things like:

Quote from: State Department Compliance Report
"Parental child abduction is a tragedy. When a child is abducted across international borders, the difficulties are compounded for everyone involved. The Department of State considers international parental child abduction, as well as the welfare and protection of U.S. citizen children taken overseas, to be important, serious matters. We place the highest priority on the welfare of children who have been victimized by international abductions."

But when they talk to the press they call child abduction "cross-border relocation."  They want the parents of children to feel like they are taking the issue seriously, they just have to be careful so that the media and general public don't hear such statements and start to take it seriously too.  deadhorse
« Last Edit: March 24, 2010, 04:26:50 PM by carlos »
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Offline UD_student

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Re: The Two Faces of International Child Abduction
« Reply #1 on: March 24, 2010, 10:45:38 PM »
I have no words to adequately express my displeasure with their twisting of words...

If only it were so simple that the custodial parent, and only parent with custody, wanted to move with the children. Somehow, we all know that if there was only one parent involved in the child's life then it wouldn't be an issue, but that there is more than one parent involved in these cases...

Offline SageDad

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Re: The Two Faces of International Child Abduction
« Reply #2 on: March 24, 2010, 11:39:31 PM »
As much as it's true that State has a consistently bad habit of calling abductions "international custody cases" when they talk to anyone but LBP's I'm actually not sure anymore if that's what they're actually doing in this case.  I read a press release today from State that made this conference sound like it was really about custodial parents going before judges and requesting permission to move with the child to a foreign country (which is actually not an abduction.)  It's still not clear to me yet though so I'll keep looking for more updates on it.  As it stands though I may have been a bit unfair in my saying they were calling abductions "cross border relocations."  :)
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Offline JerseyGirl

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Re: The Two Faces of International Child Abduction
« Reply #3 on: March 25, 2010, 10:47:12 PM »
Came across this article about the conference:

www.indiablooms.com/NriDetailsPage/nriDetails240310d.php


International judicial meet on cross-border relocation

India Blooms News Service

Washington, Mar 24 (IBNS): A three-day International Judicial Conference on Cross-Border Relocation is underway since Tuesday at Loy Henderson Auditorium here.

The conference is a joint effort of the International Centre for Missing Children, the Hague Conference on Private International Law and the Bureau of Consular Affairs.

U S and international court judges, central authority officials and academic experts are studying the issues that face a family and the legal system if a custodial parent wants to move with the child(ren) to a location far from the non-custodial parent.

Generally each parent is interested in maintaining a significant presence in the child’s life.

This is a complicated issue when courts must make determinations on domestic cases.

It is further complicated by the international component, if the custodial parent wants to move to a different country.

Organizers hope that this opportunity for a multi-disciplined study of the issue will result in the recommendation of criteria for courts to consider when deciding cross-border relocation cases.

Participants include high court judges and justices from the United Kingdom, Spain, New Zealand, Brazil, Canada, Australia, Germany, Pakistan, India, and Egypt as well as state and federal judges from the United States.

Additionally, there will be central authority officials from Mexico, Australia, France, Brazil and the United States as well as academic experts from the United Kingdom, the United States, and New Zealand.  
« Last Edit: March 25, 2010, 10:53:53 PM by JerseyGirl »

Offline JerseyGirl

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Re: The Two Faces of International Child Abduction
« Reply #4 on: March 25, 2010, 10:50:16 PM »
Also, Ernie Allen's speech at the conference:

www.ncmec.org/missingkids/servlet/NewsEventServlet?LanguageCountry=en_US&PageId=4236

Opening Remarks

 

Ernie Allen
President & Chief Executive Officer
International Centre for Missing & Exploited Children
National Center for Missing & Exploited Children

International Judicial Conference on Cross-Border Family Relocation

March 23, 2010

 

In his “State of the Union” address in 1998, former U.S. President Bill Clinton said, “Quietly, but with gathering force, the ground has shifted beneath our feet as we have moved into an Information Age, a global economy, a truly new world."

He was right.  Our world has changed in fundamental ways, some positive, some not.   The world has shrunk.  The concept of global neighborhood is not as far-fetched as it once seemed.

In many areas this era of easy global travel and communications has presented endless possibilities and opportunities.  In the area of family law, it has also created some seemingly unsolvable challenges.  Over the next three days, we will grapple with an increasing phenomenon in which a custodial parent seeks to relocate with his or her child to another city, another country, even to the other side of the world.

For judges, this presents a Solomon-like dilemma.  If you approve it, you effectively deny reasonable access for the left-behind parent to his or her child.  If you don’t approve it, you effectively deny what might have been a life-changing opportunity for the other parent and the child.  This is a human challenge of the highest order, but it is also a daunting legal challenge, one that may be handled very differently depending on what judge in what court in what country actually handles the case. 

We at the International Centre for Missing & Exploited Children are pleased to have the opportunity to join with our friends at the Hague Conference on Private International Law and the U.S. State Department in hosting this important international judicial conference.  We are honored and deeply grateful that so many judges, scholars and experts from around the world would take the time to participate in the discussions of the next three days.  We look forward to your conclusions and recommendations, and to assisting in the effort to put them into practice around the world.

The International Centre is working tirelessly to address this and other challenges in law and policy.  In partnership with Interpol and Microsoft, we have trained police in 114 countries in the investigation of computer-facilitated crimes against children.  We are implementing new technology tools for law enforcement in many countries. 

We have created a global missing children’s network, now linking 17 countries.  We are working with parliamentary leaders to enact new laws regarding child sexual exploitation and child pornography.  We are helping to set up new centers addressing the problems of child abduction and sexual exploitation in many countries.

Through our new Koons Family Institute on International Law and Policy, we are attempting to create a kind of Brookings Institution for children, undertaking policy-related research and analysis in fields related to child abduction and exploitation.  Our goal is to build greater knowledge, awareness and understanding for policy makers and the general public on a range of difficult issues relating to children.  Today, the Koons Institute is a reality thanks to the kindness of world-renowned artist, Jeff Koons, himself a victim parent, whose child was abducted and taken internationally.     

I am particularly proud of the long-standing partnership between the International Centre and the Hague Conference, with whom we are collaborating on this conference.  We will work together to spread the word to the entire international community.

One year ago, some of you were with us in Cairo as the International Centre convened a forum, chaired by Her Excellency Mrs. Suzanne Mubarak, the First Lady of the Arab Republic of Egypt.  The forum examined several pressing issues facing the world’s children.  Two of those who addressed that conference are with us today:  Hague Deputy Secretary General William Duncan and the Deputy Chief Justice of the Supreme Constitutional Court of Egypt, Adel Omar Sherif.  At the close of the session, the attendees adopted what was called, “The Cairo Declaration.”  One of the key provisions read as follows:

“Family disputes can have a devastating impact on children.  Parents have the responsibility to shield their children from the negative effects of family discord.  Children must not be used as proxies for battles between parents, and both mothers and fathers should seek to mediate peacefully disagreements about their children’s futures.”

The Cairo Declaration urged global leaders to “explore bilateral and multilateral approaches to resolving family disputes, including mediation, in order to ensure that the children are not the victims.”

As judges, central authorities and practitioners in the field know all too well, there are no easy answers and sometimes no completely fair answers in cases of child relocation, particularly internationally.

Our hope and conviction is that we will seize the opportunity presented by these next three days, and that this will be more than a conference.  It will be an opportunity to share experiences and insights, learn from each other and generate real solutions.  We look forward to your findings, conclusions and recommendations.  We are committed to work with you to bring greater consistency, uniformity and humanity as we address these complex, difficult situations worldwide.

 

Offline shrogg38

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Re: The Two Faces of International Child Abduction
« Reply #5 on: March 26, 2010, 10:36:21 AM »
Hello,
I am saddened once again with the "twisting" of words re International Child Abduction!  What about a U.S. judge ordering a TEMPORARY change in a child's residence with a rotation of (2) months at a time in the U.S. and then the next (2) months in Puebla, which is deep southern Mexico? - Back and forth and back and forth and back and forth!  No U.S. judge has "jurisdiction" in any other country and this "EXPERIMENT" as this judge called it in court FAILED!  My granddaughter is NOT an "experiment".  The bonding stopped just a few weeks after arrival in Puebla.  Judge Dianne Steel had ordered the mother to report to the court via phone and advise the court of their phone#, (which was disconnected very soon). the exact address of the residence, the name of a school that Jessica would be attending and the name of a pediatrician.  Can you guess what took place after Judge Dianne Steel allowed the mother & Jessica to leave the United States with her blessings PRIOR to advising the court of all the above? - absolutely total DISRESPECT to Judge Dianne Steel's court order.  With respect to the Special Investigator in our Attorney General's Office - the investigator stated on our ABC story which aired on 3-2-2010 that our "lead was not viable" or Jessica would have been returned by now, BUT SHE ALSO FAILED TO MENTION THAT SHE WASN'T EVEN AWARE OF OUR LEAD AS SHE HASN'T CALLED OR EMAILED OR HAD ANY COMMUNICATION / NO COLLABORATION / NO ACTIVITY / NO CONVERSATION / with our family in probably 3-4 years!!!! The very day that ABC went to her office for an interview is the very day that I received her (2) emails asking for information from me - a quick status check and any pictures I may have now.  Please watch the ABC VIDEO Link - & judge for yourself!  http://www.KTNV.com/global/story.asp?s=12072507  /  I am Jessica Harrison's "nana"  - I am Jessica's voice .....
 
Lydia  (Jessica's "nana") - I am Jessica's voice .....

"I remember how my daddy loved me. I finally found my daddy. I just brought flowers to his grave. Will I forgive my mother for what she did to us? In the meantime, it's her time to look for a missing loved one. She'll find me when I'm ready"

Offline SageDad

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Re: The Two Faces of International Child Abduction
« Reply #6 on: March 26, 2010, 11:23:55 AM »
Hi shrogg, welcome to BSH.  I know all too well the pervasive problems with child abductions and Mexico... my son Sage is also there.  With all due respect to this Judge Dianne Steel, she was a damn fool to allow your granddaughter to be taken to Mexico.  I have a few contacts in Mexico and can tell you that over the past couple years Mexico has significantly changed the way they look for abducted children.  It is still a mess mind you, but it is better than before.  They no longer go through Interpol, which is a toothless and largely useless organization there, but go directly through Mexican law enforcement including AFI (their equivalent of the FBI.)  You may be interested at looking at threads in my forum:

http://bringseanhome.org/forums/index.php/board,27.0.html

I've written a lot about abductions to Mexico there and Mexico's long history of non-compliance with the Hague Convention.

I hope you will consider contacting your Congressman and asking him to co-sponsor HR 3240 the "International Child Abduction Prevention Act of 2009"

For those that may be confused we also talked about the abduction of Jessica recently in this thread:

http://bringseanhome.org/forums/index.php/topic,3011.0.html

In our "International Abduction Cases" forum.
« Last Edit: March 26, 2010, 03:09:30 PM by carlos »
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Offline shrogg38

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Re: The Two Faces of International Child Abduction
« Reply #7 on: March 26, 2010, 02:02:16 PM »
Hello Carlos,

Thank you so much for your quick reply.  As I just replied to your mom, I was saddened to learn that your son Sage is in Mexico also.  I look forward to exchanging information, ideas, etc. as that is how all of us may get some good results hopefully!  I intend to alert everyone I can think of regarding Bill H.R. 3240.  Isn't it something how negative news spreads quickly vs the good news?
My name is Lydia, my son's name is Mark (Jessica's dad) and Papa - we are sending out good thoughts and prayers to all the families in the same position as we look forward to getting our children back home....
Lydia  (Jessica's "nana") - I am Jessica's voice .....

"I remember how my daddy loved me. I finally found my daddy. I just brought flowers to his grave. Will I forgive my mother for what she did to us? In the meantime, it's her time to look for a missing loved one. She'll find me when I'm ready"

Online forthelost

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Re: The Two Faces of International Child Abduction
« Reply #8 on: March 26, 2010, 03:29:46 PM »
Hello to Jessica's grandma! I've been following your case for a while. Do you still think you know the area of Mexico she might be in?

Offline shrogg38

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Re: The Two Faces of International Child Abduction
« Reply #9 on: March 26, 2010, 11:56:45 PM »
Hello Forethelost,

Thank you for following our case.  Yes, I feel sure that we have the exact address as the family has now owned this house for approximately (50) yrs.  The uncle answered the door and gave his family name to the MCA.  He then claimed that he didn't know anyone named Martha Olivia (btw - his own sister) and that he didn't know anyone named Jessica (his niece).  He advised MCA that we had the wrong Colony. The MCA just went away or they paid him $$$. It's so difficult to interact with Mexico as they are always asking for money on a daily basis.  We personally were asked for MORDIDA on (3) different faxes & asked NOT to say anything about the request. The request was for AGENTE DEL MINISTERIO PUBLICO DE LA FEDERACION. I have forwarded these (3) MORDIDA faxes to the State Dept. and other offices as well.  This is painful and so deceitful!  Thanking you as we continue sending letters in hopes of bringing Jessica home.   Lydia (Jessica's "nana") - I am Jessica's voice .....
Lydia  (Jessica's "nana") - I am Jessica's voice .....

"I remember how my daddy loved me. I finally found my daddy. I just brought flowers to his grave. Will I forgive my mother for what she did to us? In the meantime, it's her time to look for a missing loved one. She'll find me when I'm ready"

Offline SageDad

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Re: The Two Faces of International Child Abduction
« Reply #10 on: March 27, 2010, 09:00:24 AM »
"La mordida" is a bribe and bribing a Mexican official to actually do their job is very common.  El Ministerio Publico (MP) is the District Attorney or public prosecutor.  Mexican police in particular are famous for their corruption.  It's an open secret that la mordida is an important part of their salary -- not all that surprising when you look at how little they actually make.  Hence, it is not at all uncommon to offer "rewards" to the police officers that are looking for abducted children to give them an incentive to do their job.  Mexico is notorious for not "finding" children but it's quite possible that many are found but the investigating officer was paid off to say they weren't there.
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Offline shrogg38

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Re: The Two Faces of International Child Abduction
« Reply #11 on: April 01, 2010, 11:09:08 AM »
Here is Part One which was published in the newspaper.  This is with regards to my granddaughter Jessica Harrison abducted to Puebla, Mexico, -  it's almost like saying - With the Court's Blessings !!!

"FAMILY COURT JUDGE GAMBLED WITH "EXPERIMENT" AND FAILED"

http://www.lasvegastribune.com/index.php?option=com_content&view=article&id=665family-court=gar
« Last Edit: April 01, 2010, 11:14:06 AM by shrogg38 »
Lydia  (Jessica's "nana") - I am Jessica's voice .....

"I remember how my daddy loved me. I finally found my daddy. I just brought flowers to his grave. Will I forgive my mother for what she did to us? In the meantime, it's her time to look for a missing loved one. She'll find me when I'm ready"

Offline shrogg38

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Re: The Two Faces of International Child Abduction
« Reply #12 on: April 01, 2010, 06:55:10 PM »
Here is Part Two - a continuation on the ongoing article published on my granddaughter Jessica Harrison abducted to Puebla, Mexico.

Let the people read and see the corruption, never giving any thought to a young child whatsoever! What must Jessica be thinking about where her family could be?  (3) letters asking for MORDIDA (bribe) - so brazen!  Please login to the following link.

http://www.lasvegastribune.com//index.php?option=com_content&view=article&id=683:judge-steel-opens-door

Lydia  (Jessica's "nana") - I am Jessica's voice .....

"I remember how my daddy loved me. I finally found my daddy. I just brought flowers to his grave. Will I forgive my mother for what she did to us? In the meantime, it's her time to look for a missing loved one. She'll find me when I'm ready"

Offline shrogg38

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Re: The Two Faces of International Child Abduction
« Reply #13 on: April 03, 2010, 02:02:11 AM »
Here is Part Two - a continuation on the ongoing article published on my granddaughter Jessica Harrison abducted to Puebla, Mexico.

Let the people read and see the corruption, never giving any thought to a young child whatsoever! What must Jessica be thinking about where her family could be?  (3) letters asking for MORDIDA (bribe) - so brazen!  Please login to the following link.

"JUDGE STEEL OPENS DOOR FOR ABDUCTION"

http://www.lasvegastribune.com//index.php?option=com_content&view=article&id=683:judge-steel-opens-door


Lydia  (Jessica's "nana") - I am Jessica's voice .....

"I remember how my daddy loved me. I finally found my daddy. I just brought flowers to his grave. Will I forgive my mother for what she did to us? In the meantime, it's her time to look for a missing loved one. She'll find me when I'm ready"

Offline SageDad

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Re: The Two Faces of International Child Abduction
« Reply #14 on: April 05, 2010, 12:39:37 PM »
"Family Court Judge Gambled With "Experiment" and Failed"

Even I'm shocked and disgusted by this... (and I've come to expect incompetence and indifference as the rule and not the exception.)

Quote from: Part I
...

Today, Jessica Harrison is 14 years old. Her father and grandparents have spent 10 years of their lives trying to bring Jessica home where she belongs. They have written to Sen. Harry Reid many times before without any result.

  In fact, an open letter To Harry Reid by Lydia Harrison is being published in this issue of the Las Vegas Tribune. Our good senator is so benevolent toward the fate of the 12 million illegal aliens living in the United States that he is willing to support an Amnesty for all of them. Before he even considers amnesty for illegal aliens living in our cities, he better consider bringing back American citizens kidnapped in Mexico, and try to communicate with the Mexican Consul in Las Vegas – Mr. Mariano Lemus-Gas  for a better communication between our cities instead of lying to the Harrison family.

The Story of Jessica Harrison:

“I guess my experiment failed” – Family Court Judge Cynthia Dianne Steel, October 4, 2000, on the custody case of 4-year-old Jessica Harrison. Case No. D-240886-C.

The day little Jessica's life changed abruptly and for the worse was April 27, 2000, when during a court hearing presided over by Judge Steel – and as a request of the child's father's attorney, Nicholas Del Vecchio – the Court ordered every member of Jessica's family out of the courtroom and everyone was escorted out by the Bailiff. Only the parents of the child –Mark Harrison and Marta Olivia Ruiz-Hernandez – remained in the courtroom.

Judge Steel, without any understanding of the danger she was putting the child in, ordered joint physical custody of the minor child, with a 50/50 time share. The parties would each have the child for two months on an ongoing basis, with the child spending two months with her Dad in Las Vegas and two months with Mom in Puebla, Mexico. This visitation schedule was to continue until four months prior to the first mandatory schooling for the child.

Children deserve respect like any other human beings, but Judge Steel disregarded that fact, placing Jessica in a situation in which she would never want her own children placed. It was more than heart-breaking and not even fair when Judge Steel made Jessica a ping-pong ball to go back and forth between the United States and Mexico.

During that hearing, Judge Steel peered over her glasses and focussed on the mother of the child and told her not to fool around with her jurisdiction when in Mexico.

What was this judge thinking? Her jurisdiction in Mexico? Who told Judge Steel she has any jurisdiction in Mexico or in any other country?

Mark Harrison came out of of the courtroom of Department G walking like a zombie; he could not even speak a word. He knew deep in his heart that that was the last time he would have any relationship with his daughter.

There was to be a telephonic hearing on October 4, 2000. Marta was supposed to call the court from Mexico, but she did not "show up" on the phone. She cut all lines of communication between Jessica and her father. Marta Olivia Ruiz-Hernandez not only "fooled around" with the jurisdiction the judge so naively believed she had, she also made a mockery of Judge Cynthia Dianne Steel's Family Court order.

The judge said: “I guess my experiment failed.” Little Jessica, however, was a 4-year-old child, not a mouse in a scientific laboratory on which to perform experiments. Judge Cynthia Dianne Steel rolled the dice and gambled at the expense of a whole family, especially affecting the life of a little girl. One wonders if Judge Steel would ever experiment and gamble in that way with the life of one of her own children.

The judge granted Mark Harrison full custody of Jessica – too late for that proper and wise decision.

...

Guess what happens in Vegas doesn't always stay in Vegas (sorry I couldn't resist..) and even the judge's there like high stakes gambling.  It would be bad enough if they made bad bets with their own children but making a fool's wager with someone else's kids is truly unacceptable.  After losing the bet it seems like all the judge did was say "oops."  Is this judge still in office?
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