How do mainstream media cover international child custody disputes?
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How do mainstream media cover international child custody disputes?

Sacramento : CA : USA | Aug 22, 2010 at 11:29 AM PDT
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Do Sacramento mainstream media sources take the side of the mother or the father when covering international child custody court disputes? How do mainstream media cover international court custody battles? Check out the article, Battered Women Take Custody Battles to White House | Womens eNews. In Sacramento, check out the website, Divorce Source - California Divorce.

See the Sacramento region edition of Child Custody: A Practical Guide for Parents. Or check out Win Your Custody Battle (2006). There are mother's and father's versions. The side the media takes, usually in Sacramento, is the side of the parent who has no criminal history of violence toward children and the spouse.

In international custody cases, media reports could be about a father seeking custody of his son taken by his wife to another country or a mother seeking custody of children taken by a father to his country where emphasis might be on the male and his relatives raising the children. Who the media sides with depends upon which parent shows more concern about the welfare, health, and choices of the children.

California Divorce Source is an information resource devoted to making the divorce experience a little easier. On this page you can locate California divorce lawyers, mediators, and other professionals as well as learn about the laws and related family law issues like, child custody, visitation, child support, alimony, and property division. Before you file for a divorce in California, you may want to consider exhausting all options to save your marriage. Check out this excellent book, "How To Stop Your Divorce", which is responsible for saving many marriages over the years. According to its website, "It is easy reading with quick solutions and can be downloaded instantly."

If you want a divorce or separation, did you know you can start your California divorce online? See the website, Start Your California Divorce Online Today. Or check out the site on California Divorce Products. But the main issue here is how the mainstream media in Sacramento covers international custody disputes.

That's when one partner takes the children without permission out of the country, and the other partner can't visit the children. Or another country doesn't recognize US court custody decisions because the child is not considered an American citizen. Sometimes if one of the parents is a citizen of another country. In other cases, custody can only go to the father or any of the father's male relatives.

Also see the sites, Who Gets Custody in California and Can a Custodial Parent Take a Child Out of State? There are many articles on international court custody issues. Check out the site on child abduction. That refers mostly to one parent taking a child without permission and bringing the child (or children) back to the native country of one of the partners.

In Sacramento, you have cases where one partner abducts a child to another country and hides the child. When the other partner wants to visit, the family of the partner with the children won't allow visits, perhaps fearing abduction of the children back to the USA. See the site in the Custody Library, "Divorce Source: Tips to Prevent International Child Abduction."

In 1988, it was estimated that there were 350,000 cases of intra-family kidnapping within the United States. Check out, "United States Department of Justice, Missing, Abducted, Runaway, and Throwaway Children in America, First Report: Numbers and Characteristics, National Incident Studies 1990." Also see the site, Crimes Against Children Research Center. Usually, mainstream Sacramento media covers international child custody disputes by going to primary sources.

In the USA in 2002, 797,500 children (younger than 18) were reported missing in a one-year period, resulting in an average of 2,185 children being reported missing each day. Victims of family abductions totaled 203,900 children; non-family abducted victims totaled 58,200, and 11 children were victims of "stereotypical" kidnappings where the crime involves someone the child does not know or an acquaintance who holds the child overnight, transports the child 50 miles or more, kills the child, demands ransom, or intends to keep the child permanently. (National Estimates of Missing Children: An Overview", U.S. Department of Justice, 2002.) See: FAQ: Statistics.

The mainstream media may first trace the ancestry of children and parents in various countries when the children have been taken by one parent to be raised in another country, and the other parent does not see them for decades? Sometimes the adult children will call upon a genealogist to trace the ancestry of the missing parent's ancestors to find out which countries the children belong to in the legal sense as well as the biological roots.

One example that a genealogist is faced with is tracing the ancestors of a parent or grandparent when the child before age 5 has been taken to another country by one of the parents and has not been allowed to see the parent living in the USA until adulthood. The child may not speak English. Genealogists once in a while are faced with tracing ancestors in various cases of child abduction where one parent takes the child to another country, and the other parent is not able or allowed to visit.

Parental international child abduction issues has plagued the State Department for more than 50 years. In some countries, immigrants marrying American women may not inform them that unless they have it stipulated in their marriage contracts, the man at any time can borrow money from the woman's relatives, file a divorce decree and not inform the woman about it, and secretly take the children to be raised by the man's brothers or parents in his native country, even if he's a naturalized American citizen and the woman is an American citizen with parents born in the USA.

It works both ways, wives kidnap kids to foreign countries where the wife is allowed to keep the children without having to return them to the husband in the USA. In one case, a wife takes a child to Austria. See the article, "Without Their Daughters: The outrage of child abduction and U.S." And husbands kidnap children to foreign countries where custody of children go to the husband or his male relatives. See, "U.S. Department of State: Marriage to Saudis :: Middle East Quarterly."

The State Dept. has thousands of cases on files of children, usually toddlers and preschool age children being taken to countries that have do not respect US court custody papers. There's no way the women can get their children back. Usually the children grow up in the foreign country, with all its customs, and return to the American mother to meet her and sometimes ask her for money for college tuition.

Sometimes the husband serves divorce papers on the woman, then says the divorce is canceled. But when the woman doesn't show up in court, thinking the divorce is canceled, the husband wins the divorce by default, or based on just the interlocutory papers, but not the final divorce papers, takes the children out of the country.

In the meantime, he can return without the children to work or live with his other relatives, but the wife will never know. She'll still think he's overseas with his kids. But the kids may be dumped on his male relatives to raise or his parents.

After a few months, he leaves the household taking all the money in the joint bank account and the children. He sells the house and takes the money with him when he leaves. The woman is often left without any money and without the house. This scenario is a familiar one to the State Dept. with all those cases on file, and the children growing up overseas, forgetting their language or culture that they knew when their parents were married.

This can happen both ways. The woman also can take children to a foreign country. Usually, the woman takes the children to Japan, Canada, Australia, New Zealand, Ireland, or Brazil. But the male's usual destination is to the Middle East or Pakistan.

The parent's idea is to take the kids to a country that does not have an agreement with the US to return children. Also, when the husband gets a divorce he doesn't tell his wife about, the husband holds the papers. The wife wakes up one morning to find all the money taken from the joint bank account, the children gone overseas, and the house sold.

She is left penniless, homeless, and has no idea where her children are. The husband has gone back to his native country, frequently after he has borrowed money from her siblings or parents to open a business or to pay his mortgage. Instead, he takes the children and uses the money to go back to his home country to open a business there.

This scenario is familiar to authorities. The woman has given up her career or never had one after college, staying home to raise her children. The husband often sells his business or quits his job and leaves the country with all her money, any money borrowed from her family, and the children after he sells the home and takes out the equity. Usually, if she sees her children again, its when they're adults.

The wife had no idea what to put in the marriage contract that's respected in the man's country. A legal, civil or religious marriage in the USA doesn't hold up overseas in his country, and neither do court custody orders. Too often since the woman was not informed of the divorce court date and doesn't show up, the children are awarded to the man by default, since her husband told her the original divorce filing at the interlocuctory stage was canceled.

The husband spends a few months reconciling with his wife, taking her on vacations, renewing their marriage (but not in court filings) but she never knows his plan to get custody by default. The plan is that she doesn't know about the divorce never being canceled and never shows up in court. Another scenario is that he promises her the house in exchange for custody of the children. This scenario is done if the woman is housebound with agoraphobia and can't hold a job outside the home to support the children.

Women, beware of the man who files for a divorce days after getting a residency card to work in the US. Instead of looking for a job, or failing to find one, he returns to his own country with the children and the money from the sale of the house, business, or from taking all the cash out of the joint bank account. Keep your own account in your own name. This familiar scenario happens again and again if it's going to happen in the first place. It's outlined in the psychological parenting book, Why We Never Give Up Our Need For A Perfect Mother: Trapped At Home By Anxiety And Panic? ISBN: 0595434029.

On another note and another topic very different, yet related to the lifestyles of the wives of political figures in the Middle East meeting American women in the diplomatic world, a fascinating set of six uTube videos is worth checking out. See the six uTube videos of book author, Deborah Kalafani.

Associations Where Parents Can Get Help

So many hundreds of thousands of cases are piled up in the State Dept. over the last 40 years on ex-partner or ex-spouse parental abductions of children from the USA to the foreign partner's home country or relatives, that numerous support groups and clubs have been opened for parents whose children have been abducted by the estranged or ex-spouse and taken to the home country or country of ancestry of one of the partners.

In a uTube video, President Obama addresses the Brazilian international child custody dispute between two dads, one American and one Brazilian battling legally over the son of the biological father's deceased ex-wife. Should the boy go to the biological father in America or remain with his step dad and maternal grandma in Brazil?

One of the groups is called Preventing International Parental Child Abduction. For the Latest News on International Abduction Issues. Also see the postings and/or publications of P.A.R.E.N.T. News (Parents Advocating for Recovery through Education by Networking Together). It's your international news source on international child abduction issues.

P.A.R.E.N.T. will once again sponsor the international abduction conference in D.C. in 2010. All parents, and family members of abducted children are invited. Parents of abducted children do not pay any registration fee. This is a private conference and anyone wishing to attend must complete a registration form, regardless. Admission is dependent on confirmation and acceptance of registration from P.A.R.E.N.T. Jan. 2010.

The sponsor for P.A.R.E.N.T. International is Dabbagh & Associates. Join Advocates Against Abduction On Facebook. Take the Parental Abduction Quiz. Or view the website of Dabbagh and Associates, Professional Expert Services. Licensed, certified, and insured. Cross Border Mediation, Expert Testimony, Case Support, International Services.

Were you abducted as a child by one of your parents or other relatives? Read "Throwing Stones" by Ken Connelly. Preventing International Child Abduction. P.I.P.C.A. stands for: Preventing International Parental Child Abduction. Prevention Resources. Founded by Teresa Lauderdale. See the website, PIPCA.

P.I.P.C.A. Provides support and Advocacy services free of charge to parents fearful that their child may be abducted across international borders. Teresa co-authored the Texas Abduction Prevention Law, is a mediator, formerly employed by the State Department, world traveled, and She is a parent working to prevent her children from being abducted.To contact P.I.P.C.A. go to: the website: PIPCA. Join abduction prevention and/or help groups online. Check out the names in question at: Facebook, Linkedin, and MySpace.

*Be aware that your posts may be monitored by mercenaries seeking clients to offer their services. If you're are contacted by a mercenary, recovery agent or anyone advertising recovery services online, in direct conflict with the U.S. Department of State warning to parents, report them immediately. Submit Your News to the P.I.C.A. site.

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What You Can Do

The State Department has thousands of cases on file of children that have been kidnapped by a non-custodial parent and hidden overseas for a potential time frame until the child's adulthood and total immersion into the non-custodial parent's culture in the other country. Usually, but not always, it's a country where children automatically are awarded to the father or male relatives. Or it's a country where if a child is with the mother, the father has no rights to extradite the child.

It all depends on the laws of the other country, not on US court custody papers. But there's something you can do to prevent your child from being reared overseas while you're in your home country. It's not about father's or mother's rights, it's about parents being kept from living near their children.

For the custodial parent who has received custody from a US court, it's an uphill battle. Here's how to take steps to prevent your child from being taken overseas without your permission or the steps you might take to get your child back.

You've received sole custody orders from a U.S. court, and you think your divorce heartache is over. One day during a visitation your ex?husband knocks you unconscious and snatches your child.

The next thing you know is your child is missing overseas and isn't coming back. The foreign court doesn't obey U.S. custody court orders. In your ex?spouse's country, he and his children are considered foreign nationals, even though your child was born in the U.S. And the foreign court's legal system always awards a child in a divorce case to the father or his family.

Over 300,000 children have been abducted since the sixties by a parent, and more than 6,000 have disappeared in foreign countries, some for more than 20 years without correspondence with the American parent. What strategies can you take to prevent your ex?spouse or partner from taking your child overseas permanently? As I wrote in my 1999 article, here are the 21 steps to take that are still the way to go.

1. Obtain a Federal UFAP Warrant when you file felony charges. Ask your prosecutor to apply for a federal Unlawful Flight to Avoid Prosecution warrant.

2. Find out whether your ex?partner is traveling on a U.S. or a foreign passport. If your ex?spouse carries a U.S. passport, ask the Office of Passport Services of the U.S. Dept. of State to revoke your ex?spouse's U.S. passport.

3. If your ex?partner's traveling with his/her foreign passport or is a dual national, you'll have to approach the foreign consulate or embassy. They may not honor U.S. court custody orders or obey any U.S. court orders involving their own nationals. It depends on the country.

4. Once your ex?spouse's U.S. passport is revoked, he or she becomes an undocumented alien in a foreign nation. The foreign government may soon deport or contact an undocumented alien.

5. If you can't get a UFAP warrant, you can have your ex?partner's passport revoked if the holder of the passport is subject to a criminal court order, condition of probation, or parole. All these conditions forbid departure from the U.S. If your partner's in violation, he or she could be subject to a provision of the Fugitive Felon Act.

6. Visit the Immigration and Naturalization Department (INS). If your ex?spouse returns to the U.S. leaving the children abroad for his/her parents to raise in the foreign culture, have an officer from the INS access computers at border checkpoints with the national Crime Information Center (NCIC) Wanted Person File. You may write to INS at 425 I St., NW, Washington, DC 20536. Ask the INS whether the circumstances under which your ex?spouses "green card" (now rose in color) or work permit may be revoked or suspended apply to the abductor.

7. If you can get a state or federal felony warrant, which is entered into the NCIC, the INS could be asked to arrest the abductor parent when he or she returns to the U.S. Ask your police investigator to enter the abducting parent's name into the INS "Lookout Book."

8. Pursue international extradition. If state felony charges were issued against your ex?partner, ask your local prosecutor to extradite. Your local prosecuting attorney may call or write to the U.S. Dept. of Justice, Criminal Division, Office Of International Affairs, 1400 New York Ave. N.W., Washington, D.C. 20030, (202)786?3505. A renegotiation of criminal extradition treaties between the U.S. and United Kingdom, Germany, and Canada included parental abduction as an internationally extraditable crime.

9. After you extradite your partner, be aware he or she may still keep the children in hiding with relatives or friends in the foreign country.

10. INTERPOL your ex. After you've lodged criminal charges against your ex?spouse, ask your police department to request help from INTERPOL by contacting the National Center. Ask the police to request liason services from the Technical Analyst. Ask the investigating officer to contact INTERPOL directly at INTERPOL, U.S. Dept. of Justice, Washington, DC 20530, (202) 272?8383.

11. Use the U.S. Customs Service's computer system. It's linked with the National Crime Information Center (NCIC) Wanted Persons File at Customs Service checkpoints at U.S. airports and borders.

Ask the customs official to run a "random sample" check on a few Americans returning from foreign travel. If you have a state or federal felony warrant that's in the NCIC Wanted Person File, the abductor has a chance of being arrested if he or she reaches U.S. customs at an airport or border.

12. Contact the Office of Citizens Consular Services, U.S. Department of State, Room 4817, Washington, D.C. 20520 or call (202) 647?3666. If you have an after?hours emergency, call them at (202) 647?5225. Have all paperwork in front of you regarding identification of the abductor and your children.

13. If your child's health or welfare is endangered in the foreign country, contact the International Social Services Organization, 20 W. 40th St., New York, NY 10018, (212) 398?9142. 14. Entry and residence records are always kept by foreign countries. If you're stranded looking for your children abroad, go to the nearest U.S. Embassy or Consulate. They may be able to provide you with enough money to travel home or U.S. passports for your children, if your ex has obtained foreign passports for them, but you now have legal custody in the U.S.

15. Trace your ex?partner's financial sources. Money must come from somewhere to support your children. Look into the proceeds of bank accounts, loans, credit cards, and the assets of the abductor's foreign family who may be supporting your children.

Contact the motor vehicle bureau in the U.S. and in the foreign country where your spouse may have family. How did your ex?spouse leave the U.S.? Check the airlines, car rental firms, and other transportation sources. Talk to customs agents. Look at phone bills and mail covers. Where are the utility bills going? Which health department inoculated your children for foreign travel? What address was given on your children's vaccination records?

16. File a court action for your children's return. Find an attorney familiar with the Hague Convention. It's an international treaty that governs the return of internationally abducted children. The U.S. ratified the treaty in 1988. Only Australia, Canada, France, Hungary, Luxembourg, Portugal, Spain, Switzerland, the United Kingdom, and the U.S. participate in the Hague convention.

17. Call the Citizens Consular Services or the Center for Missing and Exploited Children for an update on which countries are now adhering to the treaty that honors U.S. court custody orders to return abducted children to the custodial parent.

18. Obtain a list of international attorneys specializing in international child abduction custody disputes from the Office of Citizens Consular Services, at the U.S. Department of State. These lawyers speak English.

Contact the International Academy of Matrimonial Lawyers, U.S. Chapter, 727 Atlantic Ave., Boston, MA. Ask for a lawyer referral list of specialists in international child custody and abduction cases.

Also write to the Family Law Division of the International Bar Association, c/o 6950 N. Fairfax Drive, Arlington, VA 22213. Write to the Legal Defense Counsel, 111 15th St., Philadelphia, PA 19102. Ask for guidelines and a list of referrals to foreign lawyers specializing in your needs who speak English and take American clients. If you travel to the foreign country where you believe your children are being held hostage by a noncustodial parent, visit the legal bar associations in that country.

19. You may have to sue your ex-spouse in a foreign court. To have your American custody order recognized in a foreign court, it helps to learn about comity. The word refers to a process in which the courts of different countries recognize another country's orders. Comity is voluntary and requires reciprocity.

Your attorney should be familiar with comity and check Article 23 of the Uniform Child Custody Jurisdiction Act. This act requires foreign custody orders to be honored by American courts.

Learn to make decisions under stress by focusing on your most important strategies. Make lists. Keep diaries. Plan schedules. Stay organized and decisive.

20. If you ex-spouse has gone to a foreign court and obtained foreign court orders granting him or her sole custody in the foreign country, then the Uniform Child Custody Jurisdiction Act requires your ex-spouse's foreign custody orders to be honored in an American court when your ex-spouse returns to the U.S.

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AnneHart is based in Sacramento, California, United States of America, and is an Anchor for Allvoices.
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Posted By AnneHart AnneHart | almost 2 years ago
Make sure every one you hire and any procedures you follow are legal. But again, If you're contacted by a mercenary, recovery agent or anyone advertising recovery services online, in direct conflict with the U.S. Department of State warning to parents, report them immediately.
Posted By ncmec ncmec | almost 2 years ago
That's a pretty nice summary introduction to the issues, but some of your article is still way out of date, and the 21 steps are too heavily focused on the instigation of penal as opposed to civil proceedings. I might point out step #16 as one in particularly dire need of updating.

May I suggest that a good first place to turn, way before a person gets even close to your step #1, would be to an international mediator. Culture-sensitive professional mediation, initiated before a dispute turns particularly ugly and negotiating positions harden, can effectively help parents overcome major post-separation disputes in a civil fashion. Once American law enforcement wades in on the side of the United States resident parent, the room for negotiation diminishes substantially.

Finally, it is my experience that who the media sides with certainly does not depend "upon which parent shows more concern about the welfare, health, and choices of the children". It depends almost exclusively on the parents nationalities or perceived ethnic backgrounds. I'll bet that you cannot find a single example where the American media demanded the return of an American child held by a United States resident parent to the other parent living abroad.

Emmanuel Lazaridis
Heraklion, Crete, Greece
+30 693.902.7351
Posted By AnneHart AnneHart | almost 2 years ago
Excellent perception. Thanks. How would you handle a case of children of an American taken by the parent to a country where child custody can only go to the father or his male relatives, where the wife can't visit that country because she's Jewish and the husband is an Arab of the Islamic faith? In this one case, the child grew up totally immersed in the Islamic culture and forbade the Jewish mother to ever tell her grandchildren that the mother is the daughter of orthodox Jewish parents? The grown grandchildren have no idea, and the mother promised her daughter not to tell because it might affect the grand daughter's marriage prospects to an Islamic future husband. The conclusion is the mother had to convert to another religion, Christianity, in order to tell the grandchildren their grandma is Christian. There are many cases like this in the USA. The kids grow up for 20 years without seeing the mother because she's not allowed to visit. So many books and novels have been written on this topic. Thanks for your insight.
Reply By ncmec ncmec | over 1 year ago
Thank you, Ms. Hart, for the compliment.

Bad things happen when parents break up, particularly because former lovebirds tend to forget all about the compromises they each made in favor of the other when they were still in love. Mediation can encourage the parties to a child custody dispute to remember that a spirit of compromise is relevant to the psychological well-being of their children. A culturally-sensitive mediator might, in your example, remind the father that Jews are also a people of the book, towards whom Islam preaches tolerance. Key to a successful mediation is the building up of a measure of trust between the parents, trust that has often been lost in the course of their separation. Where legal hurdles to access exist, it may be possible to find a neutral environment that will satisfy the basic requirements of both parties. Before it joined the European Union, Cyprus often played such a role in situations like the one you mentioned. Lebanon is another country that, because of its cultural diversity, is often viewed as more accessible to parties with substantial cultural differences.

Permit me to add that the anonymous posters below who attack my character do not know what they are talking about. It takes a certain vituperative gall to claim that a person who advocates mediation does so "to justify his own crimes". If anyone has evidence that I have broken any law, he or she should provide it to the proper authorities in Heraklion. Mind you, I have been my child's custodial parent for nearly a decade now, and have successfully defended against many false accusations. That, of course, is why I have only ever visited prison as a volunteer assistant to help in the reform of convicted persons, and never as a prisoner.

If my anonymous critics are parents of "missing" children whose cases are exposed as fraudulent at http://www.ncmec.eu or elsewhere, I would advise them that their best course of action would be to take steps to stop the fraud itself. Missing child fraud abuses the public trust and puts children at risk of emotional, financial and even physical harm. A good parent will never distribute posters claiming that his or her children are missing when in fact he or she knows their whereabouts.
Reply By ncmec ncmec | over 1 year ago
Like I said below, Mr. Bermudez, I will not reply in kind to your personal attacks. The mother of my child was lying all along about our child being abducted or missing, very serious charges indeed, which is why she was convicted of criminal libel and sentenced to 19 months imprisonment.

See: http://www.bringvarvarahome.org

The first penal trial of Mr. Ernie Allen, President of the American Center that issued your son's poster as well as the fraudulent poster and other incorrect statements relating to my daughter, is now scheduled for December. From my meeting with the Investigating Magistrate earlier today, I can assure you that additional steps are imminent.

Our committee has an explicit policy, approved by the appropriate public authority, of not storing or retaining any child's image. Images of child victims of missing child fraud are automatically deleted upon the removal of the fraudulent posters from public circulation. Past cases are archived without images or personally identifiable information.

If you do not personally know where your child is located, I gather it is only because you choose to remain ignorant of his location. You apparently choose to "remain" in the United States and far from your son while he is being raised openly by his mother in Mexico.

Missing child fraud is an issue of public importance that needs to be addressed at an international level. Yet, most of our members do not want to attract the vicious personal attacks that are unleashed by some distraught parents on people who openly support our committee's position. Among our members and supporters are numerous activists against child abduction and parental alienation. They realize, as we all do, that the circulation of false posters of allegedly "missing" children impedes the search for truly missing children.

Mr. Bermudez, I implore you to cease your unbecoming and baseless personal attacks upon our committee and its membership, and to reconsider your support for the publication of misleading "missing child" posters that lack any child-centered purpose.
Reply By Solrac Solrac | over 1 year ago
Yeah, ok. There's a whole committee of people who "strongly believe" your nonsense but they won't attach their name to it. Weren't you just disparaging your "anonymous critics" a few hours ago? Who exactly is on your "committee," that is, besides your alter-egos? Any real people in your coalition of the willing? No? I didn't think so. You are talking to a software engineer so please stop hyping your elaborate system of not hosting any child's images on your website (which is hosted in Panama for their lack of child abuse laws.) That claim is no more than a hyperbolically dramatic way of saying you use a standard html tag that hotlinks the picture from the Missing Kid's website. Back here in the real world that is the standard way of putting images on webpages and doing it without the permission of the content owner is copyright infringement (but hey whose counting all the broken laws right. A little lawlessness is all in days work when you're protecting children at the “European Centre” [for publishing the pictures of kidnapped American kids.]) The way you describe the pimping of the pictures of missing children sure does sound so much more exotic than saying you illegally hotlink them anyway. I don't suppose you have a link to the decision where the woman you've victimized has been found guilty of anything? No? I didn't think so. I won't hold my breath for your penal trial of Ernie Allen either. Can you please also spout your standard line about how the Greek courts have “exonerated you” for criminal charges filed in American courts too? I LOVE that one! I’m always regaling my friends with stories about the "magical Greek courts" that can adjudicate and exonerate criminal charges filed in any other jurisdiction in the Milky Way Galaxy.

You know I never doubted you'd come through for me and tell me where my son was. All this time I thought he was missing but you are absolutely right. I was actually “choosing to remain ignorant” of his location in a foreign country. Thank you for that pearl of wisdom. Some might say you are blaming the victim, but I know you are really just “protecting the children.” By the way, how did you actually find my son? Did you do a statistical analysis with your math PHD (the same one that qualifies you to author a “policy, approved by the appropriate public authority”?) Speaking of “appropriate public authority” would you mind clarifying who that authority is? Is it NAMBA? I thought so. I can appreciate why you’d like them to remain anonymous as well.

Best regards and thanks again for clarifying that it is my own willful ignorance of my son's location that makes him missing. It really is "Missing Child Fraud." You are a true child’s advocate Mr. Lazaridis. I'm going to mail a check to NAMBLA today that is earmarked for the European Center of GENUINELY Missing Children (who only publishes pictures of American children,)

Carlos
Reply By Solrac Solrac | over 1 year ago
What part of my son being missing from his home doesn't make sense to you? The term "missing children" has been broadly defined for decades but you like to take an intellectually dishonest and narrowly defined view of the term to suit your particular agenda. As I understand it your rational is that, as long as some government authority somewhere in the world knows where a child is, they are not missing and, if anyone says they are, it's "missing child fraud." Is that about right, Secretariat of a children's charity?

Your advocating mediation is a thinly veiled pretext for your usual denunciation of criminal remedies precisely because you are a wanted criminal that is the subject of exactly those remedies. Your lack of viewing the inside of a prison cell is only due to the fact that you are an international fugitive from justice hiding in a foreign land while preventing a daughter from knowing her mother. I know that intellectual dishonesty is just par for the course with parental kidnappers like you (a conflict of interest you never seem willing to disclose) but I'm surprised you haven't absconded from this page the way you do from every other forum that has reasoned criticism of your circular logic and sophistric explanations for child abuse. It's the sheer height of hypocrisy for a child abusing parental abductor to wax poetic on what "good parents" do.

Perhaps for your next act you will start signing sad songs about legal ethics and the importance of the Dominican Republic in equitable divorce proceedings? Your "organizations" advocacy of the rights of children is directly analogous to NAMBLA's advocacy of the "love" that men and boys can share.

As far as anonymous critics go,

-Carlos Bermudez
carlos@hagueabductions.com

(you can run back under your rock in Greece now...)
Reply By Solrac Solrac | over 1 year ago
Well, thank you for your false paternalistic sympathy. Perhaps you can also stop pimping my infant son's photo on your fraudulent imitation of the Missing Kids website in order to attract attention to your perceived noble cause?

Just like I'm sure you rationalized the kidnapping of your daughter as being "for the greater good," or "in the child's best interests" you traumatize, not just my family, but a hundred families by pimping pictures of their abducted children on your site and belittling them with your self-aggrandizing claims of "missing child fraud," but hey, you're really just trying to help us all out right? You know what's best for us even if we don't and you've appointed yourself the judge, jury and enforcer of your self-declared policy on what’s best for us. Why should you need the permission of a child's parent to use their children's pictures?

One of the many differences between the real NCMEC's use of my son's image and your use of it is that they have my permission. You have neither mine nor my wife's permission to use our son's picture. A picture I personally took. Your false concern for me, my son, my family or anyone besides yourself is plain as day. If you really cared about children or families victimized by international child abduction you wouldn't be trying to capitalize on their suffering, nor contributing to it in order to draw attention to your personal cause célèbre.

There's a reason that the only people who support you are other parental abductors -- think about that. Even in the rare case where you have a valid point it falls on deaf ears because it is the fruit of a poisoned tree. Some may say that the fact that a child molester says the sky is blue doesn't make it any less true. I say I'm not interested in anything a child molester has to say.

By the way, since you know where my son is perhaps you can tell me. I believe I know what city he's in but I can't say for sure. I, his custodial father, don't know exactly where he is today or where he'll be tomorrow. I don't know if he's safe, if he's hungry, if he's sad or scared or needs my help. Since you have a PHD (presumably in social sciences, or child psychology and not mathematics) and clearly know more about my family and what's good for it than I do perhaps you can answer those questions.

If anyone is swayed by the high-minded rationalizations of this child abductor take a look at the linked video. The mother of the girl he kidnapped talks about her struggle to find her kidnapped daughter. The only difference between you and all the other parental kidnappers is that you have the education to couch your selfish motivations in what, at first blush, sounds like concern for children, but some of the greatest crimes committed against our children are done, ostensibly, in their “best interests.”

http://www.youtube.com/watch?v=N1gcTfif6X8&feature=player_embedded

...oh and btw, save your passive aggressive threats about what I know or don't know for someone who gives a damn what you think you can do. Your ego may have you thinking I am "risking" something for calling a turd a turd, but your hollow threats are meaningless to me, at best.
Reply By ncmec ncmec | over 1 year ago
I presume that you are the Carlos Bermudez involved in the Bermudez-Rayon case that is exposed at:

http://www.ncmec.eu/case.php?Id=26

I think it is only fair to warn you that you do not know what you are talking about, or what you are risking, when you attack my character. I too was once a "left-behind parent", and I understand from first hand experience how difficult it must be for you to keep the resulting deluge of emotions from clouding your reason. Thus, while I will respond, I will not respond in kind.

According to federal law, a “missing child” is defined to be “any individual less than 18 years of age whose whereabouts are unknown to such individual's legal custodian”. 42 U.S.C. § 5772. European authorities tend to employ a stricter definition of "missing child" that agrees with the rationale you mentioned: a child cannot be "missing" unless the child's whereabouts cannot be ascertained. You personally may "miss" your child and your child may be "missed" by you, but there is no reason why the general public should be instructed by "missing child" posters with purposefully imprecise information to seek out your child or to take any other action in violation of your child's right to his private life.

Unless I am mistaken, you know your child's whereabouts. Even *I* know your child's whereabouts. Your child is not missing.

I advocate mediation between parents because it works, to the benefit of children, to resolve what may otherwise become intractable disputes. Perhaps you should consider its benefits too.

Emmanuel Lazaridis, PhD
Posted By ParentLeftBehind ParentLeftBehind | almost 2 years ago
Emmanuel Lazaridis is no unbiased commentator. He is, himself, a wanted criminal with arrest warrants in the US and France. He abducted a daughter from her custodial mother, obtained a divorce in the Dominican Republic (where none of the family ever lived.) He is also the "Secretariat of the so-called 'National European Centre for Missing and Exploited Children" where he has created a fraudulent squatter like imitation of the (real) NCMEC's website and puts the pictures of missing children (including his own daughter who is listed as missing from the US) and lists them as cases of "Missing Child Fraud" (without the permission of the victim parent or even the abducting parent) further traumatizing victim families of international child abduction. In spite of his "European Centre" the site is hosted in Panama because web hosts in the UK and Holland shut him down for violations of policy. His concern for children is a farce. His agenda is to justify his own crimes and he belongs in prison for child abuse.
Posted By Solrac Solrac | over 1 year ago
I find the very title of this article offensive. "International custody disputes" is a misnomer. Illegally removing or retaining children is not a "custody dispute" anymore than bank robbery is a financial dispute. It is child abduction or parental kidnapping and a US Federal felony and State felony in all 50 states. Gender bias in this article is exclusively only considered when it is biased against mothers, when the more prevalent bias is against fathers (perhaps the author views that as being neutral.) Most of Latin America, where the overwhelming majority of American children are taken, has codified family law systems that grant mothers automatic custody of children save when they are shown to be unfit and almost every one of them has demonstrated outright noncompliance with the Hague Convention on child abduction or patterns of it. Additionally the vast majority of children abducted from the United States are not taken to the Middle East at all, in fact less than 1% of them are though they seem to have garnered a disproportionate share of focus in this article. Likewise mothers who are victimized by the abduction of their children are disproportionally focused on when 75% of all internationally abducted children worldwide are taken by mothers, not fathers. What’s more, fully 65% of children abducted from the US to Hague Convention partner countries are taken to Mexico, a country not even named in this article at all and that percentage is even higher if the focus is on California abductions. But hey, most of those kids are at least half Mexican anyway, and we should probably send all those damn Mexicans back to Mexico, right? Maybe sending back infants and toddlers to that third world country is a good start…

I see Manny, the “Secretariat” is posting here too. He does belong in prison for child abuse. My internationally abducted son is also featured on his site for “missing child fraud.” It takes a special sort of stupid to create a site that decries the publication of children’s photos as damaging to children… all while posting pictures of the very same children. I’ll be happy to file a class action lawsuit against him with the other parents featured by his site’s sick bid for attention if he should ever be allowed back into a country that respects the rule of law… though I don’t expect that to happen anytime soon.
Posted By NickJames NickJames | over 1 year ago
I am sorry to hear about your loss Solrac.

There are also far more parental abductions done with the blessing of the American court system. Fortunately my child has become an adult and can choose where she wishes to live now, instead of being forced to live with a parent she is unhappy with.

Hmmm, an entire article on International Child Abductions and not one mention of the atrocious, unconstitutional, 'Uniform Child Abduction Prevention Act' (aka UCAPA). I wonder why that is?

It is already law in about 8 states, and the Uniform law people are pushing for more.

The law, if passed in your state, allows you to be accused of being a 'child abductor' if you pick up your child's school records; or if you pick up your child's birth certificate; or if you pick up your child's medical records! All of these acts are parental duties, yet somehow the commission of any one of these acts can authorize your future ex to request of a judge that the police be allowed to kick in your door in the dead of night and take your children into police custody.

How is it that the Uniform Law People managed to mess up a perfectly good law that was intended to apply only to non-Haque treaty states?

The decided to prevent 'all' abductions - both interstate and instate with the same law.

So they injected the word 'state' (meaning US state and not a country) into the law.

So now if you sell a car you could be accused of being a potential felon.

If you sell a house... ditto.

If you terminate a lease... ditto

If you 'engage in any unusual transactions'... (whatever those may be)... ditto

If you don't have enough family members living in your current state... ditto

If you don't have enough financial connections to your currents state... ditto

If you don't have enough EMOTIONAL connections to your current state... ditto

If you don't have enough CULTURAL connections to your current state... ditto

or if you have too many family members living in another state... ditto

or if you have too many financial connections with another state... ditto

or if you have too many EMOTIONAL connections with another state... ditto

or if you have too many CULTURAL connections with another state... ditto

or if you make 'travel plan's to another state... ditto

now those travel plans can be for your child; or they can be for you; or they can be for any family member.


Isn't it nice having laws on the books that can be used against any American at any time.

What wonderful people put such a draconian law together?


And to allow 'dynamic police entries to take a child at any time'... on the basis of an ex-parte order. That seems a WEE BIT EXTREME.

You would expect all the fine lawyers in this land to be all over such a horrible law...

but instead, there is silence...
Posted By Borgas Borgas | over 1 year ago
"Do Sacramento mainstream media sources take the side of the mother or the father when covering international child custody court disputes?"

What a ridiculous question. I guess part of the problem is the whole "dispute" premise. Let's see if I can try, "Whose side does the media take in rape cases, the man's or the woman's?" That's fun isn't it? It's also absurd. Whose side does the media usually take? How about the victim's side? There's an abducting parent, a victim parent and a victim child. Whose side do you think they should be taking? I have yet to read a SINGLE article about an internationally abducted American child where the media took the side of the ABDUCTOR. Since you have poised the rhetorical question, perhaps you can link to a single such article? I won't hold my breath. The reality is that if the media covers an international child abduction case they take the side of the victim, always. A better, and actually valid, question would be, are mothers or fathers more likely to even get media coverage if their child is abducted? I know what the answer to that question is, but I suspect the author does not. Part of getting the right answers requires asking the right questions.
Posted By Borgas Borgas | over 1 year ago
@NickJames

You are not fairly describing the law. All of those factors you listed are to be considered as risk factors. None of them, taken individually, activates UCAPA, but taken holistically, in addition with other factors you have not listed, they can be used as evidence of planning a child abduction for purposes of preventative measures. If you have an example where UCAPA has been misused.. or even just used period, I'd be very interested to read about it.
Posted By Borgas Borgas | over 1 year ago
...btw P.A.R.E.N.T International has been defunct for years and the founder has become controversial for trying to profit off other parents by selling herself as an "expert witness" who subsequently gets eaten alive during cross-examination of her qualifications for a lack of legal acumen or knowledge... and for taking tens of thousands of dollars from parents for a variety of services they never received... Not a group I would recommend, despite the good work that was done many years ago.

Oh, and what's up with putting in a link to a battered women article that has nothing to do with child abduction, much less international child abduction? Guess that explains a lot of the other problems with this article.. The generic Divorce Source article makes about as much sense..
Posted By NickJames NickJames | over 1 year ago
Better read that law again Borgas !

The only state that requires that ALL the factors be considered is OUR state - Louisiana.

Because we READ the law and MODIFIED it.
Posted By NickJames NickJames | over 1 year ago
And I suggest you read:

IN RE: Axel Michael SIGMAR. No. 10-08-00328-CV. -- November 05, 2008


Note: "The comment to section 7 of the UCAPA suggests that no particular quantum of risk factors is required."

Texas did not even pass the UCAPA, they passed an earlier, less onerous version. Yet the Texas Appellate court applied UCAPA as if it was law in Texas. Funny that.

This case is an example of the law being abused.

As a result of this onerous act, a child was denied access to their father.
Posted By Solrac Solrac | over 1 year ago
I am familiar with that court case. It hinges on the fact that the father has ties to Mexico and Mexico has a long sordid history of flagrant non-compliance with the Hague Convention which Texas courts have dealt with for too long. Mexico is, quite probably, the world leader in noncompliance and sheer number of abductions (despite not getting a dishonorable mention here in this article... great research btw) Some kids do come back from Mexico, but not via the Hague Convention. The ones that come back are normally deported because neither the child or the abductor have citizenship (ironic that Mexico would be good at deporting.) Mexico also has a history of child and human rights abuses. The critical risk factor in this case is Mexico (not any of the factors you listed). This father does sound like he got screwed, but I can see why US (and especially Texas) courts have given up and called Mexico's entire judicial and law enforcement system unreliable and ineffective.

We have no exit controls at the border and the father could take the kid into Mexico w/o even a passport and never be seen or heard from again. This will continue to happen until the US and Mexican governments do something to stop, or even slow, the wholesale abduction of American children into Mexico.

http://en.wikipedia.org/wiki/International_child_abduction_in_Mexico
Posted By AnneHart AnneHart | over 1 year ago
Thank God I have no kids under age 45, no ex-spouses, no money, no savings, no property, no job, never been outside the USA, and am over age 70. Life becomes simple when you're a low-income senior citizen. I kiss the ground.
Posted By NickJames NickJames | over 1 year ago
Solrac,

It was the child that was screwed, not the father. An abduction happened anyway, it was just court ordered and by the mother instead of the father. The purpose of these laws is supposed to be to prevent the abduction, not to become the tool of the abductor.

The fathers ties to Mexico were pre-existing and he and his child had essentially 50/50 time. They used the selling of an office building as the excuse to trigger this law (not the ties to Mexico).

The words of the appellate court are chilling, they don't care about the requirement that children are supposed to be granted significant time with both parents. They believe that they have the power and authority to deny a child access to a parent based on any reason a corrupt attorney chooses to dream up.

In Louisiana, long before the revised UCAPA was passed, we have the Caulfield v. Wallet case. It is an unmarried dad case (she broke of the engagement). The mom moved from SC to Baton Rouge and established the case in Louisiana. So the dad picked up his medical practice and moved to BR. So the mom then moved to New Orleans (in violation of the court order). The court did nothing, so the dad also moved to New Orleans. So the mom moved back to BR. Again the court did nothing, so the dad moved back to Baton Rouge but kept his NO options open.

The court had not decided custody in over 4 years. (pretermited decison)

The court had twice given the dad parenting time awards that expired after 6 months.

The mom would be generous with the child's time until the court orders expired and then would cut off access.

The parents had an agreement for the dad to get 2 weeks in the summer, however the mom only scheduled 1 week. So the dad 'took' the final week of the summer.

The mom got a court order for the return of the child. She demanded a visitation bond. At the hearing a few weeks after, the parents were (finally) granted temporary joint custody and a decent schedule. The visitation bond was denied.

Three months later... they have the final custody hearing. The judge now decides to award sole custody to the mom, and demands the dad put up a $100,000 visitation bond to see his child because he is an 'international flight risk' due to his 'unstable address' and the fact that he has a sister who lives in Brazil.

According to the dad, his attorneys told him that this entire bond had to be put up, this is no ordinary 10% property bond. The amount would be forfeit if he was even 15 minutes late returning the child.

So the child did not see the father for two years while the case was appealed. The appeals court refused to prioritize the case. Then it took a rehearing with a 5 judge panel to decide the case.

The court overturned the decision. While they left the bond in place, they lowered it to $7000 and only until lasting until the judge made up a new parenting schedule.

The appeals court thought the mother was the flight risk given her conduct - they pointed out the repeated actions of the mother to move away and the father to move to stay in his child's life. They said that if it had been up to them, they would have put the bond on the mother, or perhaps on both parents. However, they said that it was the judges decision to make, so they left the bond and just radically cut it. Since the judge set a schedule within 3 months, no bond was ever needed.
Posted By Solrac Solrac | over 1 year ago
The type of ties to Mexico, or any other non-Hague or noncompliant Hague country, generally are always pre-existing and the ties to Mexico were critical in the courts determination as was the fact that Mexico was formally deemed non-compliant in the US State Dept's annual Compliance Reports. International family lawyer Jeremy Morley discussed this case and its appeal extensively on his blog:

http://www.internationalfamilylawfirm.com/2009/01/texas-court-holds-that-mexicos-legal.html

...though you are absolutely right. The child also got screwed.

Brazil is another judicial quagmire. Mexico and Brazil's unwillingness to uphold international family law norms and protect children from the harmful effects of international child abduction is likely to increasingly have adverse consequences for expatriates from those countries. While I sympathize with the individual parents harmed by this prudence I don't disagree with it. Reasonable protective measures should be taken whenever ties to such countries exist (emphasis on the word reasonable.)
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