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Author Topic: Problem not going away!!!!  (Read 440 times)

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Offline Nicole's Dad

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Problem not going away!!!!
« on: October 25, 2011, 05:23:02 PM »
As I was standing in the district clerk's office waiting on my certified legal documents for my case, I over heard a man stating he needed a certified copy of his, catch this, sole custody order because his ex-wife has disappeared with his son as of last Thursday.

Ironically, he thinks she has abducted him to her native country of Brazil. I asked him if he had sole custody, who has the passports? He said she did. I told him I would pray for him that he stops her and he told me she has done this before and he was able to stop her at the airport. No charges were filed then. I gave him my phone number and told him to call me if he was not able to stop her at the airport.

How many more American children will go missing and abducted by their parent before this counrty decides to take action. Does somebody need to get shot down at the airport before something is done to stop this?

Offline momoftwo

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Re: Problem not going away!!!!
« Reply #1 on: October 25, 2011, 05:39:23 PM »
Wow...it's hard to believe the timing on that one.  It's definitely an example of how the U.S. fails to function on even a minimal level when it comes to preventing IPCA.  This parent was "lucky" enough to be aware of the risk, had sole custody, and even in this situation, there is no means for identifying these children before they travel and preventing it if they are not with the custodial parent or there is a custody case pending.  Too many parents, unaware of their spouse's plans, would not be helped by such a system, but it should definitely be put in place for those who would.

Offline L.E.R.P.

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Re: Problem not going away!!!!
« Reply #2 on: October 25, 2011, 10:27:24 PM »
Brazil is a signatory to the Hague Convention on International Child Abduction.
(Legal tool to define the habitual residency of a child & return child)

Brazil isn't a signatory to The Convention on Service of Judicial Documents abroad.
(Requiring a signatory country, to notify another signatory country and most importantly the other parent that,
judicial proceedings are taking place)

In short, Brazil is able to have court proceedings in secret for years until the taking parent achieves their agenda. Leaving the LBP to hack through all of the legal proceedings which took place without their knowledge.
($Years of court-lost time with the children-more time for the court to say children are settled in new environment$)

Then comes The Hague on Childrens Return ($Years-more time lost-more $)

It is an absolute fraud for Brazil to consider itself a country with justice.
Failure is not defined by attempts to change what is wrong back to what is right; failure is defined by accepting what is wrong and doing nothing to change it!   L.E.R.P.

Offline L.E.R.P.

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Re: Problem not going away!!!!
« Reply #3 on: October 26, 2011, 06:20:16 PM »
  It's definitely an example of how the U.S. fails to function on even a minimal level when it comes to preventing IPCA. Too many parents, unaware of their spouse's plans, would not be helped by such a system, but it should definitely be put in place for those who would

A Preventive Solution does exist! The hurry up & wait factor minus a fire under the powers that be seems to have been replaced by campaigns and party agenda's.

"The results of the aforementioned American Bar Association survey of 97 left-behind parents suggested that at least some of the parents were aware of the abduction risk before the abduction occurred; 51 percent of the surveyed parents reported that they had taken measures to prevent the abduction beforehand, such as seeking supervised visitation arrangements, custody orders prohibiting removal of the child from the jurisdiction, and passport denial or restrictions".

"GAO recommends that DHS consider creating a program similar to the child abduction component of its Prevent Departure program that would apply to U.S. citizens. DHS concurred with the recommendation, but cited challenges toward implementing it, such as potential constitutional, operational, privacy, and resource issues". June 2011

http://www.gao.gov/new.items/d11602.pdf
Failure is not defined by attempts to change what is wrong back to what is right; failure is defined by accepting what is wrong and doing nothing to change it!   L.E.R.P.