|
Dedicated to Bringing Our Children Home
|
Written by Carlos
|
|
Wednesday, 29 September 2010 22:49 |
|
Although the egotistical and narcissistic nature of those who abduct children is well-known and documented in the literature on child abduction, this point can be best understood in the context of a concrete example.

To deny any child, much less ones own child, their fundamental and natural right to know and be cared for by both of their parents for petty personal reasons is morally despicable and a grievous act of parental alienation. In extreme cases, such as when children are abducted across international borders, that denial becomes virtually permanent. These children are not just denied the care and love of the other parent, but also, at a minimum, fully that of half of their family. As time passes these children often lose their native language and at least half of their ethnic and cultural identity, if not their very names. In the event that these children, as adults, reunite with the parents and families from whom they've been stolen, they may completely lack the language and cultural context to communicate with their lost family -- a problem which, of course, is predicated on the assumption that the victim parent has even survived the loss of their child in any meaningful way.
Many parents who have lost their children to child abduction describe the experience as a living death or being alone in hell. Like zombies they stumble through a world they no longer understand. What does it mean to be a mother or father to a missing child? Such parents also lose their identity. Is a parent without a child really a parent? If not, what are they and, by extension, what meaning does life have when their very life's purpose has been stolen? How can they go on living after their hearts have been ripped out? Rhetorical questions aside, the typical result for such parents is financial, emotional and psychological bankruptcy as their never-ending struggle to recover their lost children drags on year after year in a downward spiral that will eventually consume and destroy them.
Child abduction is not just tantamount to child abuse, it is child abuse. It is not just a betrayal of the other parent but tantamount to an assassination attempt against their former partner who, even if they survive, will be a different person, forever bearing the painful scars of their child's abduction. While in many cases, hurting their former partners is the primary motivation for the abduction, it's also often the case that abductors are completely indifferent to the damage they cause the other parent. Either way, both situations demonstrate a desire to gratify themselves regardless of the consequences to others, including the children. Amazingly though, the almost universal justification (as given by the abductors themselves) for such abuse of children, is that it is committed precisely out of an altruistic desire to protect the children -- a hypocrisy directly analogous to a murderer claiming to be healer or a thief claiming to be a philanthropist.
I can think of few better examples of precisely these narcissistic and sadistic personalities than that of Emmanuel Lazaridis. Emmanuel aka Manny or Manolo is wanted in the United States and France for criminal charges arising out of the abduction of his daughter Varvara from her custodial mother in Michigan. After abducting the young girl from her mother's care in the United States amidst ongoing custody proceedings he was unsatisfied with, he took her to the Dominican Republic. Though not exactly known for their scruples and effective rule of law, even the Dominican Republic denied his request for a divorce and custody decision. A fugitive in the United States and France, Mr. Lazaridis then took his daughter to Greece where, though born and raised in the United States, he had a claim to dual Greek citizenship and was granted amnesty and custody of the kidnapped child in direct violation of the spirit and letter of international law, near universal family law norms and just plain common human decency and justice.
Greece actually has an established history of exactly this type of behavior. Almost anyone with a claim to Greek citizenship can effectively kidnap children that they may have no legal rights to in the country and jurisdiction of the child's only home and spirit them to Greece with impunity because Greece, in spite of having signed the international Hague Convention on child abduction, will generally not return kidnapped children, nor extradite the kidnapper.
Although narcissism, hypocrisy and specious claims of child advocacy are par for the course with international child abductors, Mr. Lazardis represents, not only an excellent example of this archetype, but also an extremely public one. Discontent with merely abusing his daughter and destroying her mother he has waged a public campaign to denigrate victimized parents, encourage child abduction and attack organizations that assist abducted children. Alternatively using his own name along with various alter-egos like "the Secretariat" and "Micheal MacDonald", Manny has created a fake children's rights institution, the "National Centre for Genuinely Missing in Europe Children," with a staff, board and employee count of exactly one -- while claiming the majority of his supporters are anonymous. The organization's initials just happen to also be "NCMEC" in parody of the "National Center for Missing and Exploited Children," the world's largest non-profit dedicated to the protection of children. As if misappropriating the NCMEC's initials were not enough he also registered the "charities" Internet domain as http://ncmec.eu in a clear case of cybersquatting and violation of the Anticybersquatting Consumer Protection Act of '99. As if these blatant violations were not enough a quick look at the actual site http://ncmec.eu shows that it has completely stolen the design and layout of the site http://ncmec.org violating a whole host of other trademark and copyright laws -- all of which, of course, he does "in the name of children."
Fake Children's Charity http://www.ncmec.eu

Actual Children's Charity: http://www.ncmec.org

Sadly, the antics do not end there. Mr. Lazaridis trolls around the Internet looking for stories about internationally abducted children. When he finds them he posts them along with the pictures of the children. He calls these abducted children examples of the epidemic problem of "Missing Child Fraud." The cruelty to victimized families in parading and pimping the pictures and stories of their abducted children interspersed with snarky and condescending comments under a banner of "missing child fraud" cannot be overestimated. Already disappointed by the lack of effective advocacy or assistance from the US government, they must then face a fraudulent child advocacy organization's publishing of the pictures of their children, calling them examples of "missing children fraud," trivializing their suffering and blaming the victim while telling them they need to move to the country the children have been abducted to or they are the bad parents. All of which, of course, he does in the name of the very children whose parents he denigrates. While it should come as little surprise that a child abductor would attack and traumatize the victims of other child abductions (all while claiming to be a protector of children,) harm to children on the part of child advocates has become the fashionable nonsense of modern family law and here, again, Mr. Lazaridis can be seen as an extreme example of precisely this problem.
Child advocates of all stripes, in particular "clinical" social workers, psychologists, guardian ad litems, divorce attorneys and judges routinely abrogate and denigrate parental rights in the name of children's "best interests." They do this with rhetorical flourishes that claim "parental rights" treat children like objects rather than persons and, as such, are barbaric. In spite of this disdain for parents couched in love for children, it goes without saying that children do not raise themselves and if parents are not empowered to do so than who is? While our ever growing industry of "child experts" would never come out and say they are fighting for "State's rights," preferring to claim that they are the true voice of the children (rather than ventriloquists putting words in their mouths), that is exactly what they are often doing. Even "allowing the child's own voice to be heard" is frequently an abdication of responsibility to make hard decisions by jurists who magnanimously force upon toddlers the responsibility to make drastic life decisions they are incapable of truly understanding. Intrinsic to the attack on the ability of parents to raise and speak for children is the presumption that the State can do a better job with the end result being our massive child care bureaucracy that doesn't really know or love the individual children and applies a one size fits all solution to their care. Unlike parents, these "child experts" are given absolute control to make drastically life changing decisions in the lives of children with no accountability whatsoever. By law, this bureaucracy of officials and "experts" on other people's children is granted complete immunity from criminal prosecution or civil-suits for any harm that arises as a direct consequence of their decisions. Not only are they not accountable for the results of their decisions they will probably never even find out about them. Once they have pontificated as to what exactly the child's best interest is they will probably never see or hear from that child again. Even if they were to learn that their decision was the wrong one they probably wouldn't lose any sleep over it. This is in sharp contrast to the children's own parents. Parents who know and love their children and are their biological precursors. Parents who actually are legally responsible for their decisions and, more importantly, will have to live with the burden of making the wrong choice for the rest of their lives -- a measure of accountability that no amount of legislation can ever achieve.
In the end it must be recognized that there is no truly objective way to determine a child's best interests. The best way to support children and seek their true best interests is to empower and educate their parents. Unfortunately there is now literally billions of dollars and whole industries that are dependent upon that never happening. In the name of protecting the children the State is increasingly taking upon itself a paternalistic (or maternalistic) role towards children and, by extension, every aspect of their parents lives. Hillary Clinton wrote a book positing that "it takes a village to raise a child," if modern day trends are in line with her ideals, it would seem that everyone in that village also has just as much right to make decisions for children as the parents and the State gets to adjudicate any disputes between equal parenting partners in this communal dystopia. If 100 child experts were put in a room and told to determine the best interests of a child they would deliver 100 different reports. Even if they all had psychic abilities and could actually see the children's future they would disagree on which future was the "best" for the child. This is analogous to what we see in many Hague Convention cases.
The drafters of the Hague Convention explicitly avoided making any reference to children's best interests. The idea being that the best interests of children was the very foundation upon which the Convention was drafted. Having made the interests of children intrinsic to the Convention itself adding additional stipulations of examining the child's best interests was considered, not only unnecessary, but counterproductive. In spite of this, courts routinely refuse to return children citing the child's best interest as paramount. The use of this subjective best interest standard facilitates foreign nations' manipulation of the treaty whose very purpose was protecting children. The best interest standard enables judges to make what amounts to purely discretionary decisions that take the form of gender, national, political and religious biases resulting in substantive non-compliance with the Hague Convention. Every judge hearing a child abduction case who considers it their right to determine the child's best interests almost invariably decides to keep the abducted child. This is a combination of the judges individual biases (eg gender, nationalistic, religious, etc.) and xenophobia. Judges, courts and "child experts" of all stripes fear foreign courts and child protection systems where their "expert opinions" carry no weight and have no jurisdiction. Other things being equal, and they never are, they will decide to trust their own expert judgment on what the child needs and protect their own ability to continue to make those decisions rather than accept that the courts and systems in the child's home country can do an equally effective, if not better, job without the harmful side effects of stripping away half of their identity and family. Adding injury to injury, the modern day collapse of the Hague Convention only encourages more child abductions.
Because the best interests of children are so hard to objectively ascertain, it's no surprise that child abductors like Mr. Lazaridis routinely, and often effectively, claim to be protecting children's best interests. Child rhetoric can be insidious. When someone claims to be protecting and advocating for children anyone arguing against them must overcome the stigma of, apparently, arguing against the best interests of children. This makes "children's rights" the banner under which almost all political agendas are promoted. The Simpsons has a long running gag where the minister's wife will cry out "Won't somebody please think of the children?" whenever the town faces a problem, however minor or catastrophic. Appeals to concern for children are sometimes characterized as thought-terminating cliches because, once they are invoked, most rational discourse shuts down. As parents and human beings we are naturally willing to put children first and so all one needs to do is call something a children's issue to turn it into a sacred cow that cannot be criticized lest one be viewed as anti-children (whether or not the issue actually has anything to do with children or their best interests.)
Another extreme, and paradoxical, example of just this fallacy was the forced removal of many Native-American children from their parental homes to bring them to boarding schools on the other side of the country for a "civilized" education. The Northwest Ordinance of 1787 established an involuntary system where children were abducted from their parents by the State, forbidden to speak their native language and stripped of all outward native characteristics. Some of these schools even incorporated an "outing system" where children were placed with white families in order to better learn American customs and values. While having the good intention of civilizing "Indian" children (that is, protecting their best interests,) now days this policy would be considered both a potential violation of the UN Genocide Convention, and a blatant effort to cleanse the Native American population of their language and cultural values through the indoctrination of their children.
Leaving aside the many pitfalls that exist when assumptions are made as to the feasibility of accurately determining the best interests of children with very little framework or guidance as to what that actually means, it remains a compelling ideal. It's a standard that was devised with the best of intentions and many of those who pursue it also do so with the best of intentions. Enough has been said on the inadequacy of good intentions that I will not belabor the point, but it should be made clear that, unlike well-meaning child advocates, child abductors, as a general rule, have their own best interests in mind and not that of the children. Without a doubt many child abductors have convinced themselves that they were acting in the interests of their children and consider it a mere coincidence that the best interests of their child happened to coincide with exactly what they wanted. The, marginally, more honest abductors will tell themselves that their happiness is really what's best for the child because a happy parent is a better parent. Either way, lying to oneself is the worst lie of all.
As before, Mr. Lazaridis serves as a particularly good example of these self-rationalizations and, as shall be demonstrated, routinely engages in extreme rhetorical contortions, convolutions, inconsistencies and, at times, completely incoherent arguments to justify that which, at its core, is no more than self-serving propaganda and promotion of child abuse. In short, to take a term that is also of Greek origin, Mr. Lazaridis' various claims of child advocacy are pure sophistry.
Mr. Lazaridis' platform on the best interests of the child can be summarized in five points:
- Child abduction is not a crime and does not hurt children.
- Criminal remedies to child abduction are not in children's best interests.
- Publicly publishing information about child abductors or abducted children is not in children's best interests.
- The National Center for Missing and Exploited Children is, in fact, the devil.
- The best way for parents victimized by the abduction of their child to reunite with that child is to relocate themselves to the child's new country.
Some would argue that it is logically fallacious to attack the source of an argument rather than the argument itself. After all, just because a pedophile is the source for a claim that the sky is blue doesn't make it any less true. Nonetheless, the principle that one should clearly acknowledge their own conflicts of interest, and that people with significant conflicts of interest should not be given the benefit of the doubt is a well-established one. It is not an ad-hominem attack to point out that a person who claims to speak for a child stands to benefit directly from the purchase of the line they are selling.
While addressing the many fallacies of these positions is outside the scope of this article, I want to make it clear, why each and every one of these positions is of great personal value to Mr. Lazaridis... even though he claims they are purely founded on his altruistic love for all children.
- Mr. Lazaridis is a child abductor.
- Mr. Lazaridis is wanted in two countries on felony charges for child abduction.
- Mr. Lazaridis does not like information about his crimes being publicized and, having succeeded in abducting his daughter, feels he is now entitled to his privacy despite his status as an international fugitive whose crimes are ongoing.
- The National Center for Missing and Exploited Children is the primary source for the publication of his status as a criminal child abductor and international fugitive. Most other sites and agencies that publish information on him do so on the basis of the information published by the NCMEC.
- Having to return the child he abducted to her home country ultimately undermines all the effort he put into abducting her and means admitting the universe doesn't revolve around him.
The cornerstone of sophistry is intellectual dishonesty. Here are just a few of the logical inconsistencies and rhetorical acrobatics that Mr. Lazaridis' justifications are founded upon.
I.) In regards to the National Center for Missing and Exploited Children and other organizations publishing his picture and that of his abducted daughter Mr. Lazaridis says:
"The distribution and circulation of the images and personal data of a child without the explicit authorisation of a custodial parent is strictly prohibited by law. Violators will be pursued and prosecuted."
In response to entreaties from families victimized by child abduction as to his justifications for publishing the pictures and personal data of their own children in his crusade against "missing child fraud" and requesting he remove them from his website he rationalizes:
"Frankly, there is no better way to bring the need for protection of these children and their data to the forefront of the public policy debate than by publicising their individual cases and the fact that their whereabouts are actually known...the child victim's interest in a cessation of fraudulent activities infringing on his or her personality trumps your parental interest in the cessation of publication of your child's case."
Even if you believe the ends justify the means or subscribe to postmodern claims that morality is relative and truth is subjective, if your ends are to protect children from the harm involved with publishing their pictures and personal information, does it make any sense whatsoever to do the very thing you are claiming to be fighting against?.
II.) In regards to his fake child's charity, the so-called "European Centre for Genuinely Missing in Europe Children," one can't help but ask, if this is a European organization for children "genuinely missing" in Europe why does it focus exclusively on children abducted from the United States in what it calls "missing children fraud," without ever touching a case of a "genuinely missing" child in Europe or anywhere else, and why is the website hosted by a tiny in company in Panama who hosts other sites for selling fake brand name merchandise?
III.) As the only real person behind this organization why does Mr. Lazaridis take a falsely non-partisan tone in describing the abduction of his daughter? Why does he not acknowledge that he is, at the very least, the "alleged abductor?" rather than pretending to be some independent professional child's advocate dispassionately analyzing the abduction of a child that is not known to him personally? On his site Lazaridis writes in the 3rd person:
"The National Center for Missing and Exploited Children (United States) has issued a false alert concerning this child and her father, who are citizens of Greece and domiciled in Heraklion since February 14, 2002.
The father was exonerated of charges of kidnapping and custodial interference with respect to this child by order no. 7105/2008 of the Penal Court of Heraklion.
The non-custodial American mother has the right to supervised visitation in Heraklion with this child by order no. 1019/126/2008 of the First Instance Court of Heraklion.
Dissemination of pictures and personal data concerning these individuals is prohibited and may be considered an invasion of their privacy."
Of course his daughter is the first case of "missing child fraud" that his children's organization has taken up amidst claims that "None of our official members profit from their advocacy on behalf of the Centre's mission, and all commit to the highest standards of unbiased and reasoned presentation."
Interestingly, if you watch the animated series Southpark you may be familiar with another organization that espouses concern for children in a fashion remarkably similar to that of the "European Centre," namely, NAMBLA, the "North American Man/Boy Love Association." Like most viewers of the episode "Cartman Joins NAMBLA," I originally thought it was something the program had invented but truth is truly stranger than fiction. NAMBLA is a pedophile and pedarasty advocacy organization in the United States that works to abolish age of consent laws decriminalizing adult sexual contact with minors. Like the "European Centre" it also waxes poetic about children's best interests and the many benefits (to the child of course) in child abuse and keeps all of its members anonymous. For example, NAMBLA claims:
"Attractions between men and boys can be found in every society, crossing lines of race, age, temperament and occupation. They form a sure basis for mentoring and friendship traditions the world over. Man/boy love is exceptional only for the degree to which it is still misunderstood in cultures derived from Northwestern Europe. Most man/boy relationships are based on mutual respect and affection, and strongly desired by both partners. Such relationships do not harm anyone, and often entail many benefits for both man and boy. Boy-lovers and boys alike respond to the needs of those they love — needs for affection, understanding, and freedom"
Now I must hold myself to a higher standard than that which Manny holds himself to (I'm fully aware of the fact that I couldn't have set the bar much lower.) My interest in Mr. Lazardis extends above and beyond that of a mere disgusted and dispassionate analyst. Mr. Lazaridis has chosen my own abducted son as one of his cases of "missing children fraud," as well as the abducted children of many other parents in the forums of the Bring Sean Home Foundation. Parents whose pain and anguish I have personally borne witness to at length. Parents whose suffering and heartache are bad enough without ego-maniacs who simultaneously exacerbate it while preaching their love and paternalistic concern for our stolen children.
It it is no mere coincidence that promoters of child abuse like Manny and NAMBLA use such hypocritical rhetoric to rationalize their positions. No other type of argument has any hope of being persuasive. When is child abuse justifiable? When it's done for the good of the children, of course. No society supports child abuse. Such a society is entirely inviable. Child abuse is never acceptable... except when it's not only not child abuse but actually good for the kids. It is no coincidence that child abusers claim to be child advocates, it is, in fact, inevitable. The picture Manny uses for my son Sage is one that I took myself at a courthouse in Mexico during one of the seven trials I've been through in that country in my efforts to have my son returned (without a final decision to be found in the judicial quagmire of Mexico, but that's another long article in itself.) In the two and half years since my son was taken I've been able to see him just three times for under an hour each. Always in a court room under the supervision of my wife and a court clerk (though I actually requested the clerk.) I gave a copy of this picture to the real NCMEC (I can't believe I have to qualify the NCMEC with the word "real" btw) for them to use to help raise awareness of this gross injustice and, hopefully, find someone who can help us (or at least help drag along all the law enforcement agencies and politicians overflowing with their own empty platitudes about children.) Manny does not have my permission to use my son's image on his banner for personal gratification, nor does he even have the permission of my wife and son's non-custodial mother (who also objects to having our son's image posted on this perverts poor excuse for a children's advocacy organization.)
Of course, Manny, like all preachers of "truth" at the pulpit of the Church of the Child, is not interested in what us mere parents think about our own children. Their love for the children is cause enough for them to take over the child's life and, if the parents want to see their children, their lives too. One need not scare the people of a nation with threats of attack from abroad to create a totalitarian state. One need only say it's for the children.
Links:
Charley Project Case file
NCMEC publication
For The Lost Case file
YouTube video with Varvara's mother: http://www.youtube.com/watch?v=N1gcTfif6X8&feature=player_embedded |
|
Last Updated on Wednesday, 17 November 2010 12:47 |
|
|
Written by Administrator
|
|
Saturday, 10 April 2010 16:43 |
One mum reveals how she spent two and a half years fighting to bring her little girl back home... By Laura Millar & Lauren Veevers, 11/04/2010 Sarah Taylor wanted to make a special tea for her daughter. It should have been easy enough. Trouble was, she had no idea what to cook. She didn't know Nadia's favourite food, and she couldn't ask her, because Nadia barely spoke any English. Sarah looked at her beautiful little girl and realised the six year old standing in front of her was practically a stranger. Two and a half years ago Nadia was kidnapped. But she wasn't abducted off the street by a stranger. She'd been taken by her own father - Sarah's ex-husband, Fawzi Abuarghub, 36 - and flown thousands of miles to the North African country of Libya. He had no intention of ever returning her. "Discovering my daughter was gone was the worst moment of my life," says Sarah. It was also the beginning of a tortuous battle to get Nadia back - a battle that took two years, thousands of pounds, political intervention from the highest levels, and Sarah's unflinching determination never to give up.  Sarah and Fawzi's marriage fell apart "I went through hell not knowing if I'd see her again," says Sarah, 34. "From being with her every day to not seeing her for years it broke my heart. At times, I struggled to keep going." And Sarah's story is not uncommon. Each year around 300 British children are abducted and taken abroad by a parent. Getting your child back can be an impossible - and expensive - task. Nadia was abducted in May 2007 after a routine visit to her father, who lived a 10-minute drive away from her home in Wigan, Greater Manchester. The first Sarah knew of her daughter's disappearance was when she called her ex to speak to Nadia as arranged. Fawzi's new girlfriend told Sarah he'd gone to collect a friend from the airport. Immediately alarm bells rang. "My skin went cold. I can't explain why, it was just a gut instinct, but in that second I just knew he'd taken Nadia back to his home country, and I might never see her again," she says. "Taking my daughter away from me was the one thing he knew would hurt me the most." I feared I'd never see my little girl again
Sarah called the police straightaway, then rang her parents to tell them she feared their granddaughter had been snatched. "I broke down. I couldn't believe it," she recalls. In the months that followed, Sarah would quit her job as a civil servant at the Inland Revenue and leave family and friends in Manchester to live among strangers in Libya in a desperate bid to get her baby back. Sarah met Fawzi through a friend in early 2000. She was soon won over by the engineering student's easy charm and their relationship developed quickly. Within 12 months they'd moved in together. A year later, Fawzi proposed and they married at Wigan register office. Twelve months later, Sarah was pregnant.  The CCTV footage that showed Nadia's abduction Nadia was born in May 2003, and it was then that the relationship began to break down. "I was back at work and Fawzi worked nights at a pizza place. We hardly saw each other," she says. "We'd argue all the time and it was obvious the marriage wasn't working. I felt it would be better if we split." They were divorced within six months, agreeing that Fawzi would see Nadia twice a week, with an overnight stay every other weekend. "It had all been amicable. We were getting on so well. Or so I thought," Sarah says. On that weekend in May 2007, Fawzi asked to swap the night he was due to have Nadia to stay. "He wanted to take her to a friend's party," Sarah remembers. "So I agreed." In fact, he changed the dates because he'd booked two one-way tickets direct from Manchester to Libya. Once the police arrived to take her statement, Sarah gave a description and handed them a recent photograph of Nadia. That evening, the police returned with CCTV footage from the airport showing Nadia walking through the departures gate with her father. Her worst fears confirmed, Sarah listened as the police explained that under British law, Fawzi was guilty of kidnap. They advised her to keep trying to contact her ex to find out exactly where in Libya he was. This was their only hope of tracking him - and Nadia - down. Sarah kept calling Fawzi's mobile and, 12 hours later, he answered. "I wanted to hear Nadia's voice, to make sure she was OK and to reassure her that I'd see her soon," Sarah says. "But he wouldn't let me talk to her. I asked him why he'd taken her and he just said: 'We'll be back soon,' and hung up." Frantic with worry, Sarah hardly slept. The next day police put her in touch with welfare agency International Social Services and arranged a meeting with a specialist lawyer. Over the following weeks, Sarah rang Fawzi constantly, pleading for him to come home. She even offered to give their marriage another go, but he refused. "I was desperate. It was six weeks before he let Nadia talk to me. When I heard her voice saying: 'Hello Mummy,' my heart broke all over again. I choked on tears as I told her: 'Mummy will come and get you soon.'" By now Sarah had lost a stone in weight and taken compassionate leave from work. She'd presumed, as Nadia's mother, she could fly to Libya and bring her daughter home. But it wasn't that simple. Libya is one of several countries - including Egypt, Pakistan and Japan - that are not signed up to the Hague Convention or the European Convention, which protects parents' rights and allows them to demand their child is returned. It meant that Sarah's only options were to move to Libya and launch a petition to have Nadia returned, or to try mediation and attempt to convince Fawzi to allow her access to Nadia. Sarah was prepared to do whatever it took to get her little girl back. In July, two months after Nadia was taken, Sarah flew to Tripoli, Libya's capital, where International Social Services had discovered Fawzi was living. She had no idea where in the city he was and he refused to tell her. She used her savings to book into a hotel and with help from her UK lawyer, contacted the relevant authorities. After two months of having not seen her daughter, she was granted a visit. "Fawzi brought her to the reception area of the hotel. The moment I saw Nadia, I burst into tears. She looked bewildered and surprised, and I was so overwhelmed. Her face broke into a huge smile as I ran to her and swept her up." Sarah spent two weeks in the hotel with Nadia - her ex had booked the room opposite hers to make sure she didn't try to snatch Nadia back.  Sarah and Nadia still talk about her time living in Libya "I did think about it," says Sarah, "but I knew it would never work. My ex was watching me and I didn't have a passport for her as she was on Fawzi's." All too soon their two weeks were up. "I had to hand Nadia back," Sarah says. "She was crying and it broke my heart to have to let her go back to Fawzi." Sarah flew home to the UK and met with the police again. They wrote to Fawzi offering him full immunity from prosecution on kidnapping charges if he brought Nadia back to the UK. But he refused. With her brother's help, she set up the website Nadiasfund.co.uk to raise money for, and awareness of, parental abduction. Three months later, in November 2007, Sarah decided she had no choice but to move to Libya. She quit her job, sold her car and flew back to Tripoli. Once there, she rented a small flat, enlisted a Libyan lawyer and got a job teaching English. She spent her days working and her nights researching how to get her girl back. Four weeks later, her hard work started to pay off. She was called to court and granted access to her daughter for two hours a week. "I was overjoyed," she says. "But Fawzi had other ideas. He never let me go anywhere with her, sitting with me in a locked room in case I made a run for it." But just a few weeks later Fawzi appealed and Sarah's access was put on hold. The setback made Sarah even more determined that she would get her daughter back.  Nadia with granddad David, grandma Dot and Sarah "Two birthdays and Christmases slipped past," Sarah remembers. "I bought her cards and presents each time, hoping that one day I'd be able to give them to her. "It was awful, but there was no way I'd give up. I was so scared Nadia might forget who I was," she admits. "Not being able to see her was torture." Sarah contacted her MP back in the UK, Health Secretary Andy Burnham who championed her cause. As awareness increased, powerful political figures including former prime minister Tony Blair, Foreign Secretary David Miliband and the British ambassador to Libya, Sir Vincent Fean, got involved. In July 2009, Prime Minister Gordon Brown made a direct appeal to Libyan leader Colonel Gaddafi to intervene when they met at the G8 Summit. Then, on December 21 last year, two years since Sarah had last seen Nadia, she got the phone call she'd been waiting for. "The British Embassy rang and told me they'd arranged for Nadia to be returned to me. "I don't know what went on behind the scenes. I was just told that Nadia was at the local police station and I could take her back to the UK," she says. We're getting to know each other again
"I was so worried she wouldn't recognise me. I even wore the same clothes I'd been wearing the day she was taken." The moment she saw her daughter, Sarah burst into tears. "I'd been waiting to hold her in my arms for so long," she says. "Nadia remembered me straightaway, saying: 'Hello Mummy Sarah!' She hadn't changed much, she was just taller. I couldn't believe I was finally hugging her." It had taken two years and cost thousands of pounds, but Sarah had realised her dream. She packed a suitcase and, with her daughter in her arms, flew home to the UK. That was four months ago and mum and daughter are settling back into life together in Manchester - after two years of speaking Arabic, the six year old has forgotten almost all the English she knew. Fawzi will not be prosecuted by the UK authorities for abducting Nadia. "I still don't know why he did it - I can only imagine he wanted to punish me somehow," she says. "Nadia and I are slowly getting to know each other again. Her English is improving every day and we talk about her dad and her time in Africa - she has even taught me some Arabic! "Fawzi's still in Libya. Even after everything he's put me through, I'd let him see Nadia. But I'd never leave them alone together. I can't risk losing her again. "The sad thing is I'm one of the lucky ones - there are so many parents out there who haven't got their children back. They must never give up hope." The lost children - In January 2010, British mum Leila Sabra, 32, was reunited with daughter A'ishah, two, after her ex, Saber Mesbah Sabra, snatched her in Egypt last year and kept her there for eight months.
- Abigail Hunter's 12-year-old son, Joe, went to visit his father in the US in the summer of 2007 and hasn't been home since. Last year, she was only allowed to speak to him twice on the phone.
PHOTOGRAPHY: SYRIOL JONES, CAVENDISH PRESS, INS HAIR & MAKE-UP: SARA BOWDEN SARAH WEARS: ALL CLOTHES, EVANS FOR MORE INFORMATION OR HELP VISIT REUNITE.ORG, CFAB.UK.NET, OR PACT-ONLINE.ORG |
|
Written by Administrator
|
|
Saturday, 10 April 2010 16:34 |
Parents lose court battle to prevent return of two children to EnglandMARY CAROLAN THE SUPREME Court has ruled that two children brought to Ireland by their parents must be returned to the custody of the courts of England and Wales within 21 days. The children are subject of an interim care order here. The five-judge court yesterday unanimously upheld a High Court order granted to Nottinghamshire County Council last January requiring the return of the children and dismissed the parents’ appeal against that order. The Chief Justice, Mr Justice John Murray, said the court was delivering its decision at this stage because it was in the interests of the children that the matter be speedily determined. The issue in the appeal related to whether the return of the children should be refused under article 20 of the Hague Convention on Child Abduction which permits refusal of return if that is contrary to the fundamental principles of the State from which return was requested. The Chief Justice said the court had determined no valid grounds for refusing the return of the children on that basis. The matter will now go back to the High Court which will arrange for a sensitive return plan to be put in place. In proceedings under the Hague Convention on Child Abduction, Nottinghamshire County Council applied for the return of the two children and that application was granted by Ms Justice Mary Finlay Geoghegan on January 26th last. The children, then aged six and three, had lived in England until November 6th, 2008. They were brought to Ireland by their married parents with the intention of living here, according to their parents. They were placed in foster care by the HSE shortly afterwards. The move to Ireland followed proceedings in the English courts where, on November 5th, 2008, notice was served on the mother for an interim supervision order/interim care order/care order relating to the children. The parents challenged the claim that the courts of England and Wales had “rights of custody” of the children and contested the right of the council to seek the return of the children on the grounds they, the parents, had custody and had consented to their removal. They also contested the return of the children on the grounds that they objected to being returned and would be exposed to a risk of physical or psychological harm if returned as they could be subject to adoption without the consent of their parents and such adoption would be contrary to family rights under the Constitution. In the High Court, Ms Justice Finlay Geoghegan found the courts of England and Wales had the right of custody of the children and had not consented to their removal. She was also not satisfied there was evidence the elder child objected to returning to England or had attained a degree of maturity at which it was appropriate to take account of his views. On the parents’ concern the return of the children might result in their being adopted, the judge said she was satisfied the parents’ consent to the adoption of their children would only be dispensed with if the English court held the welfare of the children required it. She did not accept the legal possibility of adoption constituted a grave risk for them. Addressing the claim their return ran counter to the constitutional protection for the family under Irish law, the judge noted article 20 of the convention permits refusal of return if it was contrary to the fundamental principles of the requested state. She said this was a rare exception to a general principle of return and must be strictly or narrowly construed. In this case, the making of an adoption order by the English courts was only a possibility and there was no current proposal for adoption, she said. She found the making of an order for return did not have, as a direct consequence, any interference with the rights of the family under the Constitution, as was required by the exceptional threshold under article 20. Original Article: http://www.irishtimes.com/newspaper/ireland/2010/0326/1224267098770.html |
|
Written by Administrator
|
|
Saturday, 10 April 2010 16:30 |
BETWIXT AND BETWEEN | | The Supreme Court will soon lay down guidelines on deciding child custody cases between non resident Indian parents. V. Kumara Swamy explains how the legal lacuna is affecting the lives of parents and children alike | | Seven-year-old Adit-ya Chandran and his mother are hiding somewhere in India. If the Central Bureau of Investigation (CBI) as per a recent Supreme Court order, manages to trace Aditya, he will be handed over to his US-based father. “My son has not gone to school for the last two-and-a-half years. He has been forced to live like a fugitive by his mother in violation of court orders both in the US and India,” says Dr V. Ravi Chandran, a scientist. It all began as a custody battle between Chandran and his divorced wife Vijaysree Voora in the US. Things took an ugly turn when Vijaysree, having lost the case in New York to obtain custody of her son, took him and left for India in 2007. The US Federal Bureau of Investigation even filed a case of kidnapping against her. Three years and several court orders later, Aditya remains untraceable. The Supreme Court recently gave the CBI a three-week ultimatum to produce Aditya. With an exponential increase in the number of divorces among the around 30 million non resident Indians (NRIs) settled abroad, children like Aditya are getting caught in the parental crossfire. What is adding to the problem is the lack of a clear legal policy in India to deal with such cases. While hearing a similar case of a US-based NRI couple, the Supreme Court recently agreed to come up with guidelines for the lower courts to follow when deciding on cases where a parent removes a child from one country to another without either the approval of the other parent or in violation of a court order. Ruchi Majoo was accused by her husband Sanjeev Majoo of abducting their son to India while the custody of the child was being decided in a US court. While a district court in Delhi held that the court was within its rights to hear the case, the Delhi High Court set it aside, ruling that the case was not under the jurisdiction of an Indian court. When it comes to law suits involving NRI couples, Indian courts have been deciding on a case to case basis. “Courts have given varying and sometimes conflicting decisions on cases of child removal and abductions by parents. We will continue to face such problems until there is a coherent and consistent policy,” says Anil Malhotra, Supreme Court advocate, adding that inter-parent child removal is neither defined nor specified as an offence under any Indian law. Experts say that India could avoid such inconsistencies if the government signs the Hague Convention on the Civil Aspects of International Child Abduction, which came into force in 1983. The Hague Convention now has more than 80 signatories. The main objects of the convention are “a) To secure the prompt return of children wrongfully removed to or retained in any Contracting State; and b) To ensure that rights of custody and of access under the law of one Contracting State are effectively respected in the other Contracting States.” Generally, the aggrieved parent seeking the abducted child applies for a writ of habeas corpus in the Indian court. The court can order custody of a minor at the behest of a parent applying for the same. In the Dhanwanti Joshi vs Madhav Unde case in 1998, the Supreme Court observed that the order of a foreign court “will only be one of the facts” that would be taken into consideration while dealing with child abduction matters. According to experts, since that 1998 order, irrespective of foreign court rulings, courts in India have gone by the “merits of the matter with regard to the welfare of the children”. “But what is overlooked is the other parent’s rights,” says Malhotra. Pinky Anand, a Supreme Court lawyer who fought the case on behalf of Chandran, says that fathers find it difficult to get custody of their children in India even if the foreign courts have given them a favourable verdict. “Our courts give preference to the mother even if she has removed her children in violation of courts abroad,” says Anand. In two back to back reports in 2009, the Law Commission of India asked the government to make the necessary changes to the Indian laws to cater to the increasing number of cases of marital disputes among NRIs. While it asked the government to sign the Hague Convention in its 219th report, it recommended amendments to marriage-related laws in the 218th report. “I don’t know what is stopping the government from signing the Hague Convention when more than 80 countries have already signed it,” says Sudha Ramalingam, advocate and vice-president of the People’s Union for Civil Liberties (PUCL). Girija Vyas, chairperson of the National Commission for Women, also urged the India government to sign the Hague Convention, speaking at the Pravasi Bharatiya Divas recently. “Prolonged custody battles have debilitating effects on children. I am sure the government will take a serious look at the issue soon. Signing the Hague Convention would be a good beginning,” says Shanta Sinha, former chairperson, National Commission for the Protection of Child Rights. According to Kumar V. Jahgirdar of Child Rights Initiative for Shared Parenting, Bangalore, the lack of a consistent policy in India is having a negative impact on foreign court judgements as well. “Foreign courts are now hesitating to allow parents undergoing divorce proceedings to go to India with their children. They fear that they might never return,” he says. Even the US government cautions its citizens visiting India. “Once a child has been abducted to India, there are very few remedies. India does not consider international parental child abduction a crime, and the Indian courts rarely recognise US custody orders, preferring to exert their own jurisdiction in rulings that tend to favour the parent who wants to keep the child in India,” states the US department of state in its advisory on the child abduction law in India. In fact, a law has been in the works since 2007 to deal with all these issues. The Indian Civil Aspects of International Child Abduction Bill, 2007, was to come into force once the government signed the Hague Convention. According to Malhotra, the proposed law would create a central authority that would decide on returning children illegally removed by parents from other countries. An official of the ministry of overseas Indian affairs says that the government has been holding consultations with various stakeholders on bringing changes to several laws concerning NRIs. Some of the changes that have been discussed include amendments to the Hindu Marriage Act, the Family Law Act or the Passport Act. The proposals include the compulsory registration of NRI marriages, taking into account the wishes of a child in case of a custody battle and cancellation of the passport of an offending NRI spouse. With the Supreme Court now agreeing to lay down the guidelines, Anand hopes that NRI children getting caught between warring parents will be a thing of the past. “I hope the Supreme Court will ask the government to consider signing the Hague Convention and in the meanwhile lay down rules that the lower courts can follow,” she says. Original Article: http://www.telegraphindia.com/1100407/jsp/opinion/story_12311149.jsp |  |
|
|
Written by Administrator
|
|
Wednesday, 31 March 2010 09:20 |
|
Department of Justice Office of Public Affairs
FOR IMMEDIATE RELEASE
Tuesday, December 15, 2009
Former State Department Employee Sentenced for Illegally Accessing Confidential Passport Files
A former State Department employee was sentenced today to 24 months of probation for illegally accessing more than 65 confidential passport application files. Karal Busch, 28, of District Heights, Md., was also ordered by U.S. Magistrate Judge Alan Kay in the District of Columbia to perform 25 hours of community service. Busch pleaded guilty on Aug. 26, 2009, to a one-count criminal information charging her with unauthorized computer access.
According to court documents, Busch worked full-time for the State Department as a citizens services specialist in the Office of Children’s Issues from June 2003 through July 2006. In pleading guilty, Busch admitted that she had access to official State Department computer databases in the regular course of her employment, including the Passport Information Electronic Records System (PIERS), which contains all imaged passport applications dating back to 1994. The imaged passport applications on PIERS contain, among other things, a photograph of the passport applicant as well as certain personal information including the applicant’s full name, date and place of birth, current address, telephone numbers, parent information, spouse’s name and emergency contact information. These confidential files are protected by the Privacy Act of 1974, and access by State Department employees is strictly limited to official government duties.
In pleading guilty, Busch admitted that between March 4, 2004, and June 1, 2006, she logged onto the PIERS database and viewed the passport applications of more than 65 celebrities and their families, actors, professional athletes, musicians, models and other individuals identified in the press. Busch admitted that she had no official government reason to access and view these passport applications, but that her sole purpose in accessing and viewing these passport applications was idle curiosity.
Busch is the ninth current or former State Department employee or contractor to plead guilty in this continuing investigation. On Sept. 22, 2008, Lawrence C. Yontz, a former Foreign Service Officer and intelligence analyst, pleaded guilty to unlawfully accessing nearly 200 confidential passport files. Yontz was sentenced on Dec. 19, 2008, to 12 months of probation and ordered to perform 50 hours of community service. On Jan. 14, 2009, Dwayne F. Cross, a former administrative assistant and contract specialist, pleaded guilty to unlawfully accessing more than 150 confidential passport files. Cross was sentenced on March 23, 2009, to 12 months of probation and ordered to perform 100 hours of community service. On Jan. 27, 2009, Gerald R. Lueders, a former Foreign Service Officer, watch officer and recruitment coordinator, pleaded guilty to unlawfully accessing more than 50 confidential passport files. Lueders was sentenced on July 8, 2009, to 12 months of probation and ordered to pay a $5,000 fine. On July 10, 2009, William A. Celey, a file assistant, pleaded guilty to unlawfully accessing more than 75 confidential passport files. Celey was sentenced on Oct. 23, 2009, to 12 months of probation and ordered to perform 50 hours of community service. On Aug. 17, 2009, Kevin M. Young, a contact representative, pleaded guilty to unlawfully accessing more than 125 confidential passport files. Young was sentenced on Dec. 9, 2009, to 12 months of probation and ordered to perform 100 hours of community service. On Oct. 27, 2009, Yvette M. Burrison, a passport specialist, pleaded guilty to unlawfully accessing nearly 100 confidential passport files. A sentencing date has not yet been scheduled for Burrison. On Nov. 9, 2009, Susan Holloman, a file assistant, pleaded guilty to unlawfully accessing 70 confidential passport files. Holloman is scheduled to be sentenced on Jan. 21, 2010. On Aug. 26, 2009, Debra Sue Brown, a file assistant, pleaded guilty to unlawfully accessing more than 60 confidential passport files. Brown is scheduled to be sentenced on Mar. 23, 2010.
These cases are being prosecuted by Trial Attorney Armando O. Bonilla of the Criminal Division’s Public Integrity Section. The cases are being investigated by the State Department Office of Inspector General. 09-1351 Criminal Division
|
|
|
|
|
|
|
Page 1 of 4 |
Copyright © 2012 Hague Abductions. All Rights Reserved.
|
|
Who's Online
We have 6 guests online
|