Child abduction

Child abduction

Child abduction or Child theft is the unauthorized removal of a minor (a child under the age of legal adulthood) from the custody of the child's natural or legally appointed guardians.

The term child abduction confounds two legal and social categories which differ by their perpetrating contexts: abduction by members of the child's family or abduction by strangers:

  • Parental child abduction: a family relative's (usually parent's) unauthorized custody of a child without parental agreement and contrary to family law ruling, which largely removes the child from care, access and contact of the other parent and family side. Occurring around parental separation or divorce, such parental or familial child abduction may include parental alienation, a form of child abuse seeking to disconnect a child from targeted parent and denigrated side of family.

Contents

United Kingdom

See the Child Abduction Act 1984, the Child Abduction and Custody Act 1985 and the Child Abduction (Northern Ireland) Order 1985.

Abductions by strangers

The stereotypical version of child abduction by a stranger is the classic form of "kidnapping," exemplified by the Lindbergh kidnapping, in which the child is detained, transported some distance, held for ransom or with intent to keep the child permanently. These instances are, however, rare.[1]

Child abduction for ransom: United States

The earliest nationally publicized kidnapping of a child by a stranger for the purpose of extracting a ransom payment from the parents was the Pool case of 1819, which took place in Baltimore, Maryland. Margaret Pool, 20-months-old, was kidnapped on May 20 by Nancy Gamble (19-years-old) and secreted with the assistance of Marie Thomas. On May 22, the parents, James and Mary Pool, placed an ad in the Baltimore Patriot newspaper offering a $20 reward for Mary’s return. When the child was recovered on May 23—through the efforts of members of the community who conducted a search—it was revealed that the child had been badly whipped by Gamble and bore bloody wounds. Both Gamble and Thomas were tried for the crime of kidnapping and found guilty. The motive for the crime was demonstrated to be financial. She had kidnapped the child with the intention of waiting for a reward to be offered, then would return the child and collect the money. This is a technique favored by many ransom child kidnappers before the use of written ransom demands became the favored method. Nancy Gamble's crime and subsequent trial were reported in detail in Baltimore Patriot (Jun. 26, 1819). The June 26 article, as well as others on the case that had appeared in the Patriot, were reprinted in newspapers in other states including: Connecticut, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Vermont, Virginia and Washington D.C.

Children abducted for slavery

There are reports that abduction of children to be used or sold as slaves is common in parts of Africa.

The Lord's Resistance Army, a rebel paramilitary group operating mainly in northern Uganda, is notorious for its abductions of children for use as child soldiers or sex slaves. According to the Sudan Tribune, as of 2005, more than 20,000 children have been kidnapped by the LRA.[1]

By stranger to raise as own

A very small number of abductions result in most cases from women who kidnap babies (or other young children) to bring up as their own. These women are often unable to have children of their own, or have miscarried, and seek to satisfy their unmet psychological need by abducting a child rather than by adopting. The crime is often premeditated, with the woman often simulating pregnancy to reduce suspicion when a baby suddenly appears in the household.

Parental child abduction

By far the most common kind of child abduction is parental child abduction and often occurs when the parents separate or begin divorce proceedings. A parent may remove or retain the child from the other seeking to gain an advantage in expected or pending child-custody proceedings or because that parent fears losing the child in those expected or pending child-custody proceedings; a parent may refuse to return a child at the end of an access visit or may flee with the child to prevent an access visit or fear of domestic violence and abuse.

Parental child abductions may be within the same city, within the state region or within the same country, or may be international. Studies performed for the U.S. Department of Justice's Office of Juvenile Justice and Delinquency Prevention reported that in 1999, 53% percent of family abducted children were gone less than one week, and 21% were gone one month or more.[2]

International Child abduction

International child abduction occurs when a parent, relative or acquaintance of a child leaves the country with the child or children in violation of a custody decree or visitation order. Another related situation is retention where children are taken on an alleged vacation to a foreign country and are not returned.

While the number of cases of international child abduction is small in comparison to domestic cases, they are often the most difficult to resolve due to the involvement of conflicting international jurisdictions. Two-thirds of international parental abduction cases involve mothers who often allege domestic violence. Even when there is a treaty agreement for the return of a child, the court may be reluctant to return the child if the return could result in the permanent separation of the child from their primary caregiver. This could occur if the abducting parent faced criminal prosecution or deportation by returning to the child's home country.

The Hague Convention on the Civil Aspects of International Child Abduction is an international human rights treaty and legal mechanism to recover children abducted to another country. The Hague Convention does not provide relief in many cases resulting in some parents hiring private parties to recover their children. Covert recovery was first made public when Don Feeney, a former Delta Commando, responded to a desperate mother's plea to locate and recover her daughter from Jordan in the 1980s. Feeney successfully located and returned the child. A movie and book about Feeney's exploits lead to other desperate parents seeking him out for recovery services. [3]

By 2007, both the United States, European authorities, and NGO's had begun serious interest in the use of mediation as a means by which some international child abduction cases may be resolved. The primary focus was on Hague Cases. Development of mediation in Hague cases, suitable for such an approach, had been tested and reported by REUNITE,[4] a London Based NGO which provides support in international child abduction cases, as successful. Their reported success lead to the first international training for cross-border mediation in 2008, sponsored by the National Center for Missing and Exploited Children.[5] Held at the University of Miami School of Law, Lawyers, Judges, and certified mediators interested in international child abduction cases, attended.

International child abduction is not new. A case of international child abduction has been documented aboard the Titanic. However, the incidence of international child abduction continues to increase due to the ease of international travel, increase in bi-cultural marriages and a high divorce rate. Parental abduction has been defined as child abuse[6]

Organizations

Organizations have set up websites where users can go to gain knowledge or contribute help to stopping child abduction. Among these are the organizations Enough is Enough and National Center for Missing and Exploited Children, which have partnered with the online community Myspace to help keep the internet a safe place for children.

See also

References

External links


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