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Old 06-18-2013, 09:17 AM
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Default Parental child abduction: Where family law and criminal law intersect

PARENTAL CHILD ABDUCTION: WHERE FAMILY LAW AND CRIMINAL LAW INTERSECT family assets

Excellent article. Posting now but, will review later and provide some additional comments. It lays out the framework on how to bring forward a criminal charge of criminal abduction against those parents whom without consent or a court order abduct children.

Good Luck!
Tayken
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Old 06-18-2013, 09:41 AM
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Quote:
Originally Posted by Tayken View Post
PARENTAL CHILD ABDUCTION: WHERE FAMILY LAW AND CRIMINAL LAW INTERSECT family assets

Excellent article. Posting now but, will review later and provide some additional comments. It lays out the framework on how to bring forward a criminal charge of criminal abduction against those parents whom without consent or a court order abduct children.

Good Luck!
Tayken
Does taking a child out of country for some period of time without one parent's knowledge and consent constitutes a child abduction?
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Old 06-18-2013, 10:09 AM
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Originally Posted by Mother View Post
Does taking a child out of country for some period of time without one parent's knowledge and consent constitutes a child abduction?
Depends.

What is the length of time?

Did the parent intend on returning with the child?

Did the child's absence cause the other parent to miss parenting time?

Abduction would generally involve intent to interfere with the other parents parenting time. If there was no intent to interfere (or it simply doesn't interfere), than one would be hard pressed to prove the kid was abducted..........

I mean, Parent A goes on a trip with Kid without Parent B's knowledge. Parent A returns with Kid for Parent B's parenting time. Was the kid abducted? No. Was it contempt? Maybe. Was it bad form not to inform the other parent? Yes. Is there anything one can do about it? Journal it and should you end up in court, use it as evidence that the other parent isn't cooperating, because outside that, it isn't worth much.
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Old 06-18-2013, 10:23 AM
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Parent lives in Niagara Falls, Canada. Parnet takes child without the other parent's knowledge across the boarder for an hour to have lunch and do some shopping.

Did the parent abduct the child? Obvously not. Thus, the law needs to be written with casual, innocent intentions excluded.

More importantly, criminal law in general requires there be intent. If there is no criminal intent, this mitigates the act. If I bump into you inadvertantly and knock you down, I have not commited criminal assault. Instead you may seek civil damages if you have been injured and you can show that I should have been more careful.
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Old 06-18-2013, 10:54 AM
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Originally Posted by Mother View Post
Does taking a child out of country for some period of time without one parent's knowledge and consent constitutes a child abduction?
No. It does demonstrate the unilateral decision making ("controlling nature") of the parent in question though. It wouldn't be viewed in a positive light generally.

Parents, even in an intact family, should be advising each other of their children's travel arrangements, where they will be and how they are getting there.

That is a demonstration of bad parenting decision and not abduction.

The fact that the child was able to cross an international boarder without question or request for evidence to the other parent's consent is quite disappointing if what you stated is truthful. More needs to be done to insure that all children exiting Canada have the proper consents in place to do so.

Let we have more incidents such as these:

Stephen Watkins:

ALERT ! - ABDUCTED MISSING CHILDREN : Alexander WATKINS + Christopher WATKINS

Cesar Pimenta Caetano:

Bring Alice Home

Highly recommended that anyone whom has had a shelter involved in their matrimonial dispute watch this video and especially if the shelter is from Southern Ontario:

Bring Alice Home: - YouTube

Good Luck!
Tayken
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Old 06-18-2013, 01:30 PM
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Originally Posted by HammerDad View Post
Depends.

What is the length of time?

Did the parent intend on returning with the child?

Did the child's absence cause the other parent to miss parenting time?

Abduction would generally involve intent to interfere with the other parents parenting time. If there was no intent to interfere (or it simply doesn't interfere), than one would be hard pressed to prove the kid was abducted..........

I mean, Parent A goes on a trip with Kid without Parent B's knowledge. Parent A returns with Kid for Parent B's parenting time. Was the kid abducted? No. Was it
contempt? Maybe. Was it bad form not to inform the other parent? Yes. Is there anything one can do about it? Journal it and should you end up in court, use it as evidence that the other parent isn't cooperating, because outside that, it isn't worth much.
Then no, it wasnt abduction. Thanks for clarifying.
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Old 06-18-2013, 01:38 PM
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Quote:
Originally Posted by Tayken View Post
No. It does demonstrate the unilateral decision making ("controlling nature") of the parent in question though. It wouldn't be viewed in a positive light generally.

Parents, even in an intact family, should be advising each other of their children's travel arrangements, where they will be and how they are getting there.

That is a demonstration of bad parenting decision and not abduction.

The fact that the child was able to cross an international boarder without question or request for evidence to the other parent's consent is quite disappointing if what you stated is truthful. More needs to be done to insure that all children exiting Canada have the proper consents in place to do so.

Let we have more incidents such as these:

Stephen Watkins:

ALERT ! - ABDUCTED MISSING CHILDREN : Alexander WATKINS + Christopher WATKINS

Cesar Pimenta Caetano:

Bring Alice Home

Highly recommended that anyone whom has had a shelter involved in their matrimonial dispute watch this video and especially if the shelter is from Southern Ontario:

Bring Alice Home: - YouTube

Good Luck!
Tayken
Tayken, taking child out of country without checking any consent documents actually happened twice which is officially documented. Canada border authorities dont give a @#$&. All they care about is proper passport upon return. You can take the whole bunch of children out of canada , go ahead, no one cares anyway.
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Old 06-18-2013, 02:21 PM
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Originally Posted by Mother View Post
Tayken, taking child out of country without checking any consent documents actually happened twice which is officially documented. Canada border authorities dont give a @#$&. All they care about is proper passport upon return. You can take the whole bunch of children out of canada , go ahead, no one cares anyway.
Hi Mother,

This does not constitute "abduction" just bad parenting on the part of the parent who did this. You should be challenging this matter possibly on contempt if you have "documented evidence" to the fact that the other parent violated a court order.

The challenge you are facing is that there is no exit strategy at the Canadian borders when you are driving. It is left to the authorities in the United States to validate if the child has consent to travel.

You may be able to contact the authorities in the United States and register the court order with the appropriate authorities there. That way when the passports of the children are scanned a travel restriction is presented to the border security agent and they are not permitted entry due to a violation of a court order.

My opinion is that there should be a pre crossing check done by Canadian authorities at all border crossings by Canadian officials. All custody and access disputes, settlements and court orders should be registered with this authority and travel should not be permitted without the other parent's consent.

In addition, I am of the STRONG opinion that any matter of custody and access involving any children under the age of 14 before any court of competent jurisdiction should automatically restrict the travel of any child to that of their habitual jurisdictional city boundaries.

For example, if a child is resident in Mississauga and an Application is brought before any court the Applicant and the Respondent should not be allowed to move the child in question's habitual residential area no more than 15 KM from their current address as long as it is within the boundaries of the city of Mississauga.

If you are truly concern of abduction by the offending parent you may want to talk to representatives at Child Find Canada:

ChildFind Canada

As this thread is regarding "child abduction" I kindly do ask Mother that you stick to the topic at hand.

Good Luck!
Tayken
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Old 06-18-2013, 03:02 PM
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Happy to see coverage on this, but without an order, you are SOL. I was goign through a contested separation and my ex spouse did just that. Without an official order, there was nothing I could do. I had to file for an emergency motion, which was the only way to get the child back. It's been downhill since then, which is over 5 years...
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Old 06-18-2013, 03:38 PM
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Quote:
Originally Posted by Gilligan View Post
Happy to see coverage on this, but without an order, you are SOL. I was goign through a contested separation and my ex spouse did just that. Without an official order, there was nothing I could do. I had to file for an emergency motion, which was the only way to get the child back. It's been downhill since then, which is over 5 years...
Actually, you are not SOL. If you read the materials and had a better understanding of the law possibly you would realize that the removal of a child under the age of 14 years of age without a court order is in fact a violation under the Criminal Code of Canada... In particular Section 283.(1).

As there is no statute of limitation in Canada you can still bring forward a criminal charge provided you have the evidence beyond reasonable doubt to present to the crown or a justice of the peace.

Quote:
Originally Posted by Criminal Code of Canada
Section 283

(1) [ Abduction ]

Every one who, being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, takes, entices away, conceals, detains, receives or harbours that person, whether or not there is a custody order in relation to that person made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person, is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years, or

(b) an offence punishable on summary conviction.
Good Luck!
Tayken
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