Child Abduction Flashcards
What is International Parent Child Abduction?
Where a child is abducted abroad by one parent against the wishes of another
What happened in the case of Tiemann Ver [GE 99]?
The children were abducted on behalf of the father
What are the two categories of abduction?
Removal without consent
Retention when consent has expired
What is Reunite?
A charity that provides advice and support to parents whose children may be or have been abducted
What is the legislation to protect people from child abduction?
Child Abduction Act 1984
What offence did the s1(1) Child Abduction Act 1984 create?
An offence for a parent, guardian or anyone with PR to take a child out of the country without the consent of all with PR or the court
What is an exception to s1(1) CAA?
If the person has a Child Arrangement Order in relation to who the child is to live with
If they are taking the child out of the country for less than one month.
What are the 4 reasons Agopian suggest for abduction?
Fear child will be neglected by other parent
To keep a full time parenting role
To punish the other parent for failure of the relationship
To bring reconciliation with the other parent
What were the findings of Hegar and Greif?
77% of abducting parents said they wanted to punish the other parent for a failure of marriage
What is parental alienation syndrome?
where one parent alienates child against other parent
What context does parental alienation syndrome usually occur?
During child custody disputes
What are the three stages of parental alienation syndrome?
- Mild alienation
- Moderate alienation
- Severe alienation
What occurs during the mild alienation stage?
The parent remarries or starts a new relationship. There is intolerance of the other partner but the child still maintains a reasonable relationship with both parents
What occurs during the moderate alienation stage?
The resident parent does not cooperate or communicate with the other parent and they make negative remarks about them in front of the child. The child makes a fuss about seeing the other parent however has a good relationship with them when they are there.
What occurs during the severe alienation stage?
The resident parent will do everything to stop the child seeing the other parent however the child does not want to see the parent at this point. They panic at the thought of going to see them.
What were the case facts in Re M (Intractable Contact Dispute: Interim Care Order) [2003]?
Mother led children to believe their father and grandparents were harming them. They had concerns about mothers care and children were harming them. Relationship with their father was re-established when removed from mother’s care and he was awarded residence
What does the Child Abduction Act 1984 do to prevent child abduction?
The police can arrest anyone suspected of attempting to take the child out of the country.
What is port alert?
Threat of abduction must be ‘real and imminent’. Police are given details of the child, abductor and travel plans and the information is circulated to immigration staff.
How long is a port alert for?
Four weeks however can be extended
How old must the child be for a port alert to be issued?
Under 16
