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Old 09-12-2012, 06:07 PM
StephenWatkins StephenWatkins is offline
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Quote:
Originally Posted by Tayken View Post
Is it possible for you to post the "17 point Judicial check list" to this site in a new thread? I would recommend that the posting be specifically the 17 point check list and please include references to the Act for which you are proposing and links to any relevant and additional materials (or posting of) the proposed Act.

It would be very helpful possibly for parents, who are faced with a similar situation, to be able to present the "check list" as evidence attached to their affidavit materials which would be reviewed by a judge.

Your story carries a lot of weight in the media and the court rooms today in my opinion and it would be helpful for your efforts if parents were made aware and brought forward a request for the judge in their matter to consider the "check list".
Thank-you,
Tayken
As per your comment and the comment after by another member about the points from MissingKids.ca . It's one thing to have a list of suggestions to watch out, which I myself, I have contributed to the staff of the Canadian Center for Child Protection with my own case which operates the MissingKids.ca, but do judges really take notice here in Canada? In my opinion, through my own case, I don't think every Family Judge is aware or all have had training to spot these which was listed above.

That is why the Florida and California legislators have made a Judges Check List that is part of the proceedings when children are at risk of an abduction.

I might have made a mistake of being 17 points - as Florida and California may have different versions of this check list. The California law is based from the Florida law but more comprehensive.

I will provide you a link here for the forms to California Check List which you can see as it is an online PDF form.

Here is the Link to the CHILD ABDUCTION PREVENTION ORDER - FL-341(B). Child Custody and Visitation Order Attachment - FL 341b Form:
http://www.courts.ca.gov/documents/fl341b.pdf

As part of the iCHAPEAU Act, we are trying to suggest, we would like a similar check list utilized by our Canadian Judges.

The proposed federal law called - CANADA's " iCHAPEAU " ACT - which stands for the: International Child Harbouring & Abduction Prevention Enforcement Act Under-Law - would be made up of suggestions from Canadian parents and an amalgamation of several US laws being passed or already passed in the United States.

These are:
- US FEDERAL LAW - LAW HR1940, David Goldman
(2nd Reading of Congress completed)

- US FEDERAL LAW - Prevent Departure Program (PIPCA) (PASSED)
- California LAW - SB1206, Randy Collins(PASSED)
- California LAW - FL 341b Form (Judges Check List) (PASSED)
- Florida LAW - Child Abduction Prevention Act (CAPA), Carolyn Ann Vlk
(PASSED)

Due to the fact that Canada may be 10 years behind in creation of laws to prevent child abductions from Canada, we need to take all the work and efforts by other parents dealing with international child abductions of their own children and keep the momentum going here in Canada to mirror US laws.

Obviously, we have to make these work with our own Family Civil and Criminal Court laws here in Canada to make them apply.

We are not keeping secret where we are getting our law ideas from as I believe it is easier for Canada and the Canadian Government to adopt laws already utilized from the US to make them a North American initiative and to get also support from others who have helped create these ideas.

This may be an example:
Senator Mimi Walters wrote on her Facebook Wall on august 20th:
“SB 1206 Keisuke (or Case-K's) Law was approved by the Assembly 70-0, to attempt to prevent child abduction to foreign countries.”

Even Australia as adopted some of these ideas even though their laws are not as tough as Canadian laws.

Most of the law ideas and co-authors have been coming from parents whose children have been abducted. Like myself, I believe its due to the fact that if we leave it to government legislators, they will take "Band Aid" approaches to give the public a false sense of security.

As parents dealing with a Missing / Abducted child, we can see through those ideas which we already know would have NOT actually helped or stop our children from an abduction. I think is because the government legislators don't look at the big picture or rely to much on other social systems / other ministries to catch cases.

In my case, the Canadian Government cancelled by ex-wife's Canadian Passport 42-days before my sons international child abduction. This was confirmed by the Ontario government and by the Ombudsman of Passport Canada. That did not stop my ex-wife from driving over into the US with our children one weekend and getting on a plane and entering Germany. To this day, there is STILL NO WAY of stopping a similar incident as the US and CANADA do not share passport information and people are FREE to leave their own country without any security checks. They DO however share the NCIC database which could prove useful and being already being utilized in the US "Prevent Departure Program". Airlines DON'T check to see if your passport are valid as they are private companies and have NO ACCESS to sensitive passport information by any country.

The courts themselves are the first line of defence to stopping a possible abduction so providing them real world solutions and enforcement measures that actually work, is everyone's best interest.

Like our iCHAPEAU slogan states:

"One voice may sound like a whisper but thousands of voices sound like a roar"

Until our website is ready…
I want to thank you for all your support and suggestions. I will refer back to this forum for your questions and suggestions as I know I have not answered all of them. It will be slow to answer them as I am not a lawyer and our group of parents are still searching for legal assistance to make all of this happen.

If you can make other Canadian lawyers know of our efforts, it would be greatly appreciated. We have yet to get a response back from the letters we have sent to Canadian law firms and lawyers to support our cause.

If there are other parents who want their Provincial / International abduction cases publicised, please contact us here: Info@iCHAPEAU.ca

We will be publishing our members cases and partners in the iCHAPEAU website.

Your forum is providing us valuable feedback and we will make every attempt to answer your questions here and to raise them ALSO on our FAQ page on the iCHAPEAU website which we are building.