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Encyclopedia > Child stealing

The abduction or kidnapping of a young child (or baby) by an adult has been called child stealing.


Several distinct forms of child stealing exist:

  • A stranger removes a child to bring up as their own child.
  • One parent removes a child, usually after divorce during an access visit.

While cases have been reported from antiquity, recently this phenomenon has taken on new meaning with various movies and television series (example: Without a Trace) depicting the premise of people who remove children from strangers to bring up as their own often after the death of their own child.

Contents

Removal by stranger

This situation is particularly traumatic for the parents, and in the public imagination.


An example of child stealing is the case of Montana Barbaro, stolen in Melbourne, Australia on Saturday 7 August 2004. A male attacker knocked the mother to the ground, and a female removed the baby. They fled in a car. Montana was recovered some 40 hours later, unharmed.


Parental Abduction

Parental Abduction is a growing problem, given that more and more marriages and relationships have an international element.


Parental Child Abduction, in simple terms, is the removal permanent removal of a child from their country of habitual residence (the place where their life is established) by one parent, without the permission of the other parent. Depending on the laws of the country the child has been taken from, this may or may not constitute a criminal offence. From the UK, to remove a child for a period of 28 days or more without the permission of the other parent (or person with parental responsibilty), is a criminal offence.


If the child has been taken to a Country that is a signatory to the Hague Convention, and the country that the child has been removed from is also a signatory, this may provide an instant legal remedy through the Courts. One should seek immediate legal advice from a reputable Family Lawyer who has experience of such issues, and the Department for Consitutional Affairs who can assist with applications under the Hague Convention. If the child has been taken to non-Hague convention country, the situation may be much more problematic to resolve. Immediate legal advice (as above) should be taken in the country the child has been taken from, but more essentially in the country the child has been taken to - the non-abducting parent will need to ask the courts of that country to make orders to send the child back to their home country.


In the UK, advice cam be obtained from http://www.reunite.org


See Also

External links

  • Media report on Montana Barbaro case (http://www.abc.net.au/news/newsitems/200408/s1172850.htm)



  Results from FactBites:
 
Parental Child Snatching: An Overview (5967 words)
Although most parents who steal their children attempt to justify their actions as the only way to ensure the best interests of the child, the child’s best interests are usually not considered.
It is a civil remedy designed to preserve the status quo by returning the child to the country of his or her habitual residence and allowing the judicial authorities in that country to adjudicate the merits of the custody dispute wider its own law.
Under Article 13(b) of the Convention, the child does not have to be returned to the country of habitual residence if there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.
  More results at FactBites »


 
 

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