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Child Abduction

"Although abductions by nonfamily members receive more public attention, a significant number of child abductions are committed by family members or noncustodial parents - commonly called parental kidnapping." Contrary to common belief, a parental kidnapping can have a deeply traumatic effect on the child. They must suffer the consequences of being uprooted from the home, deprived of the other parent, and forced to spend a life on the run. Child abductions are difficult and complex to deal with when they occur within Canada. When they involve other countries, which is quite often the case, they are even more so. There are a number of methods, and steps, that may be considered when making provisions for the safety of children. After a child has been abducted there is an even more defined series of steps that should be taken. This is a bewildering and often prolonged experience. When it is suspected that a child may be abducted, or has already been so, there is a proper way to handle the situation which will be discussed here through preparation and prevention, and also search and recovery.

The act of parental kidnapping is often provoked in some w


Once there is an awareness of the child's location, the provincial Attorney General's office and/or the Minister of Justice's' or the territorial Department of Justice should be reached. These departments will have special designated sections as the central authority for the province or territory, which are responsible for the administration of the Convention. The federal Department of Justice itself is also a central authority. The central authorities can provide information on the country that will be dealt with, including laws, and how to proceed with an application. They may also help with finding the location of the child, and will prevent further harm to them. Legal aid and advice, including the participation of legal counsel and advisors, may too be provided depending on the circumstances.

S review certain policies and procedures for identifying children in travel documents, without, however, requiring mandatory passports for children or joint in-person applications;

There are several steps that should be taken to be prepared in case the child is abducted. Keep a complete written description of the child, including hair and eye colour, height, weight, date of birth, and specific physical attributes. A colour photograph of the child should be updated every six months and kept with the written description. This simply helps in the child's identification.

To discover a child is missing is very traumatic. It is important to remain as calm as possible and seek assistance from family, friends and appropriate professionals. Since the process can be complicated, the search and recovery efforts are sometimes lengthy and often unsuccessful. Because of this, unrealistic expectations should not be made, or results wanted within a few days or - in some cases - even months. "Reasonable goals and expectations may include:

S Becoming informed about your legal situation both in Canada and in the country where your child is located;

S support the training of police to improve their response capabilities;

The foreign central authority will submit the application to appropriate judicial authorities. If the child is not returned voluntarily, a court hearing will take place where the central authority will appoint a lawyer to act on the parent's behalf and the abducting parent may hire a lawyer to fight the application and represent his/her case. If the conditions of the Hague Convention are met, the child is returned. The judicial process of the country concerned must be followed though, and any decision could be appealed. The final result can take time, depending on the nature of the legal proceedings that are involved, including appeals.



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Approximate Word count = 2622
Approximate Pages = 10 (250 words per page double spaced)


  

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