This is not just an International scenario. This is a national one....locally and across state lines. This is the scenario that can be abused by the custodial parent when they have law enforcement contacts as well as providing several affidavits where false allegations were abundantly made. This is how organized gangs of criminal activity operate. It was clear when the GAL stated that she believed they were working up a case against the non-custodial parent in New York. This implies intent to further damage the non-custodial parent as well as keep the person in fear of travel or visitation. When the system deploys mechanisms to stack up against the non-custodial parent by false claim because their position of AUTHORITY allows them complete control of what is provided and what is omitted, then the non-custodial parent is left to hang because they have shown bias by threat and intimidation tactics to invoke more fear. Clearly, it is advised not to take matters in your own hands. But when the system is such that is has violated your very rights and due process then what parent wouldnt resort to TAKING MATTERS IN THEIR OWN HANDS when you have a corrupt system designed to abuse their power and discretion. Q. Should I just go to the foreign country and try to rescue my child myself? A. Taking the law into ones own hands is always a risky proposition. While you may believe that you know where your child is located and that you can easily rescue him or her, matters may be more complicated when you actually arrive in the foreign country. For example, the taking parent may have sought assistance from a foreign court, which may have issued a custody order in favor of the taking parent and contrary to the order of a United States Court. In such circumstances, your removal of your child from the foreign jurisdiction could result in civil, or even criminal sanctions against you by the foreign court. In addition, there have been circumstances in which taking parents have filed charges of child abuse against left behind parents, who then faced arrest and possible imprisonment when they arrived in the foreign country seeking their child. Needless to say, if you are imprisoned in a foreign country, you will be able to do little to facilitate your childs return. Moreover, taking parents who feel desperate enough may inflict harm on the child or an abandoned parent who has arrived to take back his or her child. All of these possibilities suggest that pursuing official channels to obtain the childs return is the least likely to result in adverse consequences.
Posted on: Mon, 21 Apr 2014 02:30:26 +0000
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