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Many Asian nations do not recognize custody rights granted by U.S. courts

BOULDER, Colo. - Japan and India pose the greatest threat to U.S. parents seeking to reclaim their children who have been taken to foreign countries as a result of a parental abduction, said Anne P. Mitchell, one of the nation's leading fathers' rights attorneys.

To date, 68 countries have partnered with the U.S. under the Hague Abduction Convention to help parents reclaim the children of whom they have legal custody. In part, the treaty agreed to at the convention stipulates that foreign nations will recognize parental custody rights that have been granted by U.S. courts.

Of those countries that have not signed on to the Hague Convention, which are disproportionately Asian countries, Japan and India have caused the most problems for the U.S. Between the two nations, the State Department has opened over 300 cases involving over 400 children, according to recent news reports.

"A parent's lawful custody of his or her child should transcend country lines," Mitchell said. "The fact that U.S. court orders that stipulate custody arrangements are routinely ignored or rejected, allowing a kidnapping parent a safe harbor, by foreign governments is a tragedy of the first proportion for all parties involved."

International child abductions often occur when a parent who is granted limited to no custody rights after a divorce kidnaps his or her children and flees the United States. This type of situation is difficult enough to handle when the children are taken to a country that recognizes the Hague Convention, but at least some legal recourse is available to the parent who is seeking to reclaim his or her children.

But when abducted children are taken to nations that do not recognize the Hague Convention, it is nearly impossible to legally reclaim one's children, leading some parents to take highly dangerous (and illegal) steps to regain custody of their children.

Father's often face particular problems in regaining their children because of entrenched cultural attitudes. In Japan, for example, it is often assumed that the mother should have custody of her children, even if a U.S. court order specifically says otherwise (and, in any event, such a court order would hold no legal sway because Japan does not adhere to the agreement reached at the Hague Convention).

"Although international child abductions affect both parents (and, of course, the children involved), fathers often face additional difficulties because of the cultural bias in favor of mothers that exists in so many countries," Mitchell said.

"Unfortunately, this is merely an extension of the prejudice that men endure in family law courts in the U.S," she added.

There are a number of measures that parents can take to help avoid, and in the worst case scenario, respond to, a child abduction, Mitchell said. First, all single parents should have a current order from the court that specifies the timeshare agreements they have with their children. It should be very specific, as this makes it easier to prove that at a given time (say, the first and third weekend of every month) a parent should have physical custody of the child.

Second, parents should assemble two files with a variety of key personal information about themselves, their former spouse, and their child. The files should be kept at separate locations and easily available at anytime. Such personal information includes, but is not limited to, several recent color photographs of all children and both parents, the contact information of the other parent's family and friends, and a list of unusual physical characteristics of children and the other parent. The key is to have all vital information readily available for the authorities should an abduction occur.

Having essential identifying information available to quickly give to authorities is particularity important if a parent is attempting to flee the country, as the State Department may be able to flag his or her passport, thus preventing the parent from leaving the country.

For more information, contact info@dadsrights.org.

More information about fathers' rights in general and child abductions in particular is available at DadsRights.org. You can also purchase Ms. Mitchell's book Surviving Divorce and Custody Issues: A Single Father's Guide, which contains a more thorough list of measures to take to prepare for a child abduction, as well as check lists dealing specifically with parental kidnapping, through Amazon.

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