international parental child abduction a holistic approach ann wollner rosa saladino
TRANSCRIPT
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?
57
85
52
94
49
62
28
52
2010/2011 TO
2011/2012FROM
2011/2012 TO
2011/2012FROM
Australian Statistics-150 p.a.(min)
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
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