The International Child Abduction
- December 15, 2014
- Sara Benjelali
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Currently there is talk in the media of the international abduction, having become a major social problem, but what does that concept ?, the international abduction implies that a child is moved from one country to another, violating the law. For example one of the most publicized case was that of Elián González (The Ferryman child), which was smuggled out by his mother of Cuba and brought to the United States, which subsequently ordered the child’s return to Cuba with his father .
The most typical cases of international child abduction are:
- After divorce, custody is awarded to one parent, the other parent granting him a right of views. The parent with visitation rights, removes the child to another country, filing a lawsuit there are an attempt to obtain custody of the child, to give a “legal” kidnapping. There is also the formula that the parent who holds the custody, transfer the child to another country, preventing the other parent exercising rights of access.
- After the divorce, shared custody is granted, and one parent removes the child to another country, thereby preventing the other parent to exercise its right of custody.
People who are in one of the situations described above, must be aware that the time factor is a top priority, as the parent who made the subtraction can argue that over time has created a strong bond between the child and the new country of residence, being contrary to the interests of the child, the return to the country of origin, thereby locking the child’s return to his usual environment.
The return of the child will be requested in accordance with international conventions or regulations signed between the different States, accompanied by documentation on the right, photographs of the abducted child and the abducting parent is claimed, so that they can be reached with relative ease, Corps Security.
Is defined as habitual residence, domicile where they usually lived before being transferred to another country (country where he went to school, where he had friends and social environment).
Consent means the transfer, the permission of the other parent to live permanently in another country than the country of habitual residence.
And finally, it is understood by right of custody, the care of the child.