INTERNATIONAL PARENTALCHILD ABDUCTION

A Holistic Approach

Ann WollnerRosa Saladino

WHAT IS INTERNATIONAL PARENTAL CHILD ABDUCTION?

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

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

WHAT IS INTERNATIONAL PARENTAL CHILD ABDUCTION?

Other namesParental kidnapping Child snatchingChild stealing IPCA It’s NOT

Child SlaveryChild Trafficking

COMMON SITUATIONS◦One parent comes from overseas

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

support overseas New born baby and family and support

overseas Separating and father thinks Australian

family law gives the mother too many rights

IS IT A REAL PROBLEM?

Stats

Effects

IS IT A REAL PROBLEM?

57

85

52

94

49

62

28

52

2010/2011 TO

2011/2012FROM

2011/2012 TO

2011/2012FROM

Australian Statistics-150 p.a.(min)

IS IT A REAL PROBLEM?

United States 1,700 p.a.

IS IT A REAL PROBLEM? EFFECTS

IS IT A REAL PROBLEM? EFFECTS

Pre abducti

on

Abduction

Post Decision

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

helplessness and fearfulness

IS IT A REAL PROBLEM? Child Abuse

IS IT A REAL PROBLEM? Left behind parent

Pre abducti

on

Abduction

Post Decision

Stress fromRelationship breakdown

Devastation

DepressionDespair legal

Parenting

FearAnge

rRelationships

IS IT A REAL PROBLEM? Abducting parent

Pre abducti

on

Abduction

Post Decision

Revenge

InsecureDepression

guiltRelief

Parenting

Isolated

Anger

Relationships

Post natal depressio

nFear

Paul’s abduction

SERVICES REQUIRED

LEGAL SOCIAL

WORK

EDUCATION MEDIATIO

N

SERVICES

SERVICES PROVIDEDISS Australia- www.iss.org.au

LEGAL SOCIAL WORK

EDUCATION MEDIATION

SERVICES PROVIDED ISS LEGAL

Pre abducti

on

Abduction

Post Decision

ADVICE

•FAMILY LAW

•RELOCATION

ADVICE

•PACE ALERT

ADVICE

•HAGUE CONVENTION

•NON HAGUE CONVENTION

ADVICE

•HAGUE CONVENTION

•NON HAGUE CONVENTION

APPLICATION

•HAGUE CONVENTION

REFERRAL

•MEDIATION

•LAWYERS

ADVICE •PACE

ALERT

REFERRAL

•LAWYERS

•MEDIATION

SERVICES PROVIDEDISS SOCIAL WORK

Pre abducti

on

Abduction

Post Decision

REFERRAL

•FAMILY LAW

•FAMILY VIOLENCE

•PACE ALERT

ADVICE

•HAGUE CONVENTION

•NON HAGUE CONVENTION SU

PPORT

•COUNSELLING

SOCIAL

WORK

•CHILD PROTECTION

REFERRAL

•MEDIATION

•LAWYERS

•NETWORK PARTNERS

SUPPOR

T •COUNSELLING

REFERRAL

•LAWYERS

•MEDIATION

•GROUPS

SERVICES PROVIDED ISS INTERNATIONAL MEDIATION

Pre abducti

on

Abduction

Post Decision

MEDIATION

•RETURN•VOLUNTARY•COURT ORDERED

•ACCESS•INTERIM•FINAL

IPCA ISSUESDelays in return

◦Non contact/ alienationUnenforceability of conditions in return

orders ◦“ toilet paper”

Increased conflictOngoing traumaNumber of non Hague countriesUnevenness in Hague Jurisdictions

Questions ????