Opinio Juris Profiling International Child Abduction Suspects

There was a fascinating case coming out of Indiana last month concerning the issue of profiling a person who is a serious risk for international child abduction. In Shady v. Shady, much of the case reads like a typical divorce and custody proceeding. But the interesting twist is that the custodial parent, Sheanin Shady, requested an order from the court that all parental visits by the non-custodial parent be supervised. Why? Not because he was at risk of hurting the child, but rather because she felt there was a credible risk that the father, a dual Egyptian-American national, would flee to Egypt with their five-year-old daughter.

The court relied upon an ABA manual on international child custody that identifies six risk profiles. The six factors are:

1. Have threatened to abduct or abducted previously;
2. Are suspicious and distrustful due to a belief abuse has occurred;
3. Are paranoid-delusional;
4. Are sociopathic;
5. Have strong ties to another country; and
6. Feel disenfranchised from the legal system.

The court concluded that factors 1 and 5 were applicable. It concluded that there had been a prior threat to remove the child to Egypt and that the father was an Egyptian national who had strong ties to his country of origin.

The court also focused on the absence of international legal protections as an additional factor in ordering supervised visitations:

The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty that governs the return of children from member nations. Significantly, Egypt is not a signatory to the Hague Convention. Consequently, there is no standard legal or diplomatic mechanism for securing [A.S.]'s return should Samer remove her to Egypt. Once [A.S.] is in Egypt, her relationship with her mother would be governed by Islamic law. Islamic law does not recognize a civil divorce granted to a female. After the issuance of this Decree of Dissolution, Sheanin will remain, in the eyes of the Egyptian authorities, the wife of Samer. In Egypt, he will maintain absolute control over her ability to see her child, or even to leave the country once she enters. [A.S.] could not leave the country without his permission until she is 21. Effectively, if Samer follows through on his threats to remove the child to Egypt, all future contact between [A.S.] and her mother will cease. The government of Egypt considers all children born to Egyptian fathers to be citizens of Egypt. Thus, [A.S.] is a dual citizen of the United States and Egypt. [A.S.] may travel on her father's passport, as long as he provides proof that he is her father. She may also travel on the passport of a male relative. (Samer's brother is an Egyptian citizen.) During an unsupervised visit, it would not be difficult to remove [A.S.] to Egypt.

It's a fascinating case in which the court identifies strong affiliations with a foreign country and the absence of international legal protections to dramatically alter the visitation rights of the non-custodial parent. Because of the risk of abduction and flight to Egypt, Samer Shady's visits with his five-year-old daughter must be constantly supervised.

I must say depending on the facts of each case I have sympathy with both sides on an issue such as this. International child abduction is a serious problem in certain mixed-cultural marriages and it sounds like the mother in this case had a credible fear of abduction, particularly in light of past threats. On the other hand, the requirement that the father and daughter be constantly monitored because the court thinks the father might steal the daughter away cannot help but permanently and adversely alter that relationship.

Related Posts (on one page):

The Problem of International Parental Child Abduction
Profiling International Child Abduction Suspects

(link)

Matthew Gross (mail):

This could all be fixed it countries were willing to be reasonable about such cases. Germany and Saudi Arabia are some of the worst offenders.

1.9.2007 11:42am

P.A.R.E.N.T. International (mail) (www):

Half of the children abducted are taken during visitation. Fact.
Children taken to some countries are faced with cultural practices that are illegal and considered "child Abuse" in the USA, i.e. FMG, Child Marriage, arranged Marriage, child soldiers and more. FACT
Two states have already adopted legislation that would required family court judges to rely on the same ABA risk factors used in the above case. It is expected that this will be nationwide very soon. FACT
800 children are parentally abducted each day in the USA. FACT
Many are never found. Parental kidnapping is child abuse. Parental kidnappers have killed their children. It is not uncomon for them to be abandoned to relatives and even orphanges in foreign countries where they do not even speak the language. It is the social ill that is just coming out of the closet. The problem is growing.
In the end, the big qestion is, "Do we owe a child protection over a parent's right?"

1.11.2007 7:56pm

National Secured Access (www):

Applause to this Judge! Finally, someone that gets it!

1.11.2007 7:59pm

Barbara Mezo (mail):

An ounce of prevention is worth more than a millions pounds of cure when it comes to child abduction.

1.11.2007 8:23pm

An ounce of prevention is worth more than a million pounds of cure when it comes to child abduction.

charles a hamilton (mail):

My name is Charles A Hamilton, after I discovered my wife, who is from spain in 1996 during our marriage was trying to abduct our minor daughter Dakota Carmen Hamilton I presented the evidence via a divorce seeking sole custody and supervised visitation for the mother. Santa Barbara Superior Court Judge Thomas Adams gave joint custodyand she stole dakota to reus spain where she has resided with our stolen daughter since dec 08 1996 the haugue failed my child ,the mlat treaty failed to extridite my ex wife and subsequently dakota only knows me from packages and phone calls and emails this abhorently abusive to children and causes enormous pain for the child ,and the left behind parent i can be reaches for further contact on my cell phone at anytime @210 739 5306 thank you ,change this and god bless! charles a hamilton please google "dakota carmen hamilton"

1.11.2007 8:27pm

lsynclair:

Those risk factors were identified by the ABA, who undertand the issues of abducted children. What kind of stupidity would persuade these judges to question these risk factors? It is sad to see such ignorance in the judicial system, while the gov't boasts about having educational resources to remedy this. While the party needing help should fight for these risk factors, perhaps they should also look at In re Marriage of Condon (1998) 62 Cal.App.4th 533, 73 Cal.Rptr.2d 33. Although the case takes place in California and examines an international move-away case, there are some interesting factors to be considered...in particular parental rights.

1.11.2007 8:42pm

Miss Jenn (mail):

My Sister was abducted almost fourteen yrs ago, she still has not been recovered. If the court system had protected my sister as they are with this child, I would have gotten to know my sister instead of wondering is she alright, is she even alive.

We all need to stand together and support the rights of all children.

1.11.2007 9:36pm

Lawrence R Whyte (mail):

Dear Professor Alford,

The sad reality in cases of International Parental Abduction is that whatever decision is made, it is always a choice of less than perfect solutions. So while you are correct that having supervised visitation will inevitably impact the child's relationship with her father, the impact is far less than if the child was abducted, and did not see her mother until she becomes of age, if then.Furthermore, while you quote the Hague Convention, which does sometimes help, the majority of international abductions are to countries that are not signatories.

1.12.2007 12:15am

Steve Van Osdell (mail):

I still live in fear each day, but as my son gets older, little by little it gets better. But the past 4 years have been a nightmare - wondering each week if something would happen. My son's mother is dual American-Russian citizen and she has had a long term relationship with a man from another country. Mine is a case of the non-custodial parent (me) worried that the custodial mother will abduct. I received not a thread of sympathy in my local court. I tried protecting my son's passport, but the court gave it to the mother. Soon after, it expired, and I will not sign for another. But I was notified by the state department a month ago, that she has fraudulently applied for one for him by lying saying she has sole custody. I've tried getting the law introduced in my state that was passed in TX and CA, but no one is interested. The Judicial committee here was split on their opinion of it, so the legislator who was about to introduce it whimped out. I was accused by the judge in my case of being paranoid. I worry now that she might try to get my son endorsed into her Russian passport (she is still Russian citizen also) and get him out of the country that way. Most judges don't have a clue about this matter, and how it is almost impossible to get a child back even if you are wealthy enought to have a quarter million laying around to spend on lawyers, and miss 2-5 years of your child's life while spending this money not knowing if you'll ever see them again or not. This country is the ONLY civilized country I know of which allows ONE parent to take a child out of the country without having official permission from the other parent (assuming only one is with the child at the airport). We should be ashamed of this!! In my opinion, we can't restrict the travel rights of adults (but we can do it with the Patriot Act of course), but if we passed national law that would require either both parents to be with the child at port of departure, OR one parent would have to show notarized documentation of permission from the other parent, the problem would be greatly minimized. One thing for sure, if we depend on judges, many people will get a raw deal one way or the other because they like to play God.

1.12.2007 1:10am

Karl Hindle (mail) (www):

I am the father of Emily Rose Hindle, born in the UK and removed from the UK by her US mother assisted by the US Embassy in February 2003 by unlawfully issuing her with a US passport in London claiming I was an "abuser". FACT

Yet after Emily was taken to the US to protect her from "me", 2 months later she was given up for adoption and into the care of a convicted pedophile, Leslie Merriam in Wisconsin. FACT

I attempted to file court proceedings in Wisconsin and Minnesota but there was no jurisdiction and Emily completely disappeared, at one point being classified as missing and endangered. FACT

I am also for many of you , your worst nightmare - Emily was voluntarily returned to the UK by her mother whereupon the British police removed Emily due to the concerns for her safety and welfare and gave her into my care. However the US Department of State claimed I kidnapped Emily and had violated the Hague Convention - I am a child abductor in the eyes of the US Department of State yet I have evidence of deliberate misrepresentations and indeed lying by US Consular Officials to obtain this result.FACT

Emily was born with a congenital eye defect rendering her blind in one eye unless treated - and she has received no treatment in the US FACT

I have been accused of graphic domestic violence, stalking and harassment - and found not guilty by the Florida court and reaffirmed twice FACT

I have been accused of sexually abusing my children in England and cleared by British police FACT

I have been accused of sexually molesting Emily in Florida and cleared by FL law enforcement, DCF and a FL judge FACT

.....and all of these allegations are the product of an American mother who claims to have been coached by Barbara Greig of the Office of Childrens Issues, US Department of State. FACT

It is not only neccessary for every state to enact legislation to protect children from international child abduction, it an absolute neccessity for the United States to clean up the Office of Children's Issues and the misfeasance of the likes of Barbara J Greig, Eboni York, Anne McGahuey and the Office of Childrens Issues.....indeed forget cleaning it up, transfer the responsibility to the Department of Justice and stop diplomacy behaving above the law.

These are not American children, British children or any other nationality - they are simply children and they need to be protected. FACT

1.12.2007 4:58am

Mari Huscio (mail):

We need all the safe guards put in place to stop international abduction (no second guessing that)...

Read more story about Adam Haseeb—in his memory—
He is my son who is now deceased. I blame the abduction—and how the State Department handled this case on his death. Sure—-I made a mistake having a relationship with a pyscho (but did my child have to pay the price with his life??) I needed intervention to step in —and the State Department let Adam Haseeb down...
Back in the year 2000 I was not notified that his father had obtained a passport on Adam and then while we were still fighting for custody he abducted four year old Adam to Syria. Hakeem Haseeb (Was a U.S. citizen—converted to ISLAM) and had no relatives in Syria.

So I did not see the risk factors—-a U.S. Citizen going to Syria—with no relatives over in the Middle East...
Hakeem Haseeb—was not use to Syria—and he died with my child while trying to survive over there. Trying to put propane in a Gas Tank in their apartment building. Living on $50 a month and being supported by Syrian Muslims—-and the country of Syria claims they had no formal knowledge that Hakeem and Adam Haseeb were in their Country?? Back in the year 2000—There was no War going on—so I felt the State Department and the US Embassy in Sryia had more options back then...but they did not even try to help me get Adam Haseeb out of Syria.

Adam Haseeb, R.I.P. (November 9, 1995 - March 10, 2004)

1.12.2007 7:35am

Here is Adam's Story:::

1.12.2007 7:38am

I am having trouble posting this Link

http://www.wishtv.com /Global/story.asp?S=1741123&nav=0Ra7Lpxu

1.12.2007 7:39am

Michael Shannon (mail):

My ex-wife obtained passports for my sons Adam and Jason from Dept.of State in 2001. She had no legal custody, and was already on court-ordered supervised visitations because of child abuse.
She received a single week 'unsupervised' in August 2001, and we have not seen my sons since that day. American born, but with a father born in Egypt her mother assisted her to flee there as she had duel citizenship through him.
The mother was a year later arrested and sentenced in Maryland to ten years of prison.
After 18 months the Federal Govt. again assited family by removing her from prison and 'deporting' to Egypt.
Last month a jury awarded me $3 million in a Civil case in Annapolis. Of course U.S. Govt will ensure not a dime or even a photo of my sons is ever received...

1.12.2007 9:59am

Margaret McClain (mail):

Legislators and Judges,
My child was abducted to Saudi Arabia in 1997 and remains there to this day. Neither the FBI, the State Department, the US Congress, not the Saudi Government have done anything to repatriate my daughter. The abductor, her non-custodial father, had several of the risk factors mentioned in the ABA Manual. Despite the fact that the judge in my case was well aware of the risk factors, he imposed no supervision on my ex-husband. The result has been 10 years of heartache for my family and me, as well as my kidnapped daughter. I have been able to visit her on several occasions, at which time the Saudi government subjects me to humiliating conditions and constant supervision, despite the fact that I AM NOT AN INTERNATIONAL FUGITIVE AND KIDNAPPER. American judges were given their jobs to uphold the US Constitution, yet what they do in many cases is to deny the protection of the Constitution to American children in their charge, but bend over backwards to make sure some foreign citizen has his/her so-called rights upheld. Shame on the judicial system that allows this to happen again and again to the most innocen among us!

1.12.2007 11:46am

Rebecca Munoz (mail):

I totally support the protection of our children through this new International Treaty. It is a long time something that something be put in place to try and prevent these abductions from happening. I heard the story of a person I met, and was heart broken that her two children were taken from her and took to another country where she was unable to get to them for a long time. What could be worse having that relationship with your childern, your babies, ripped away from you like that and worse noone to help or do anything to get them back. I applaud the judge that recognized the risk factors and upheld them. I hope that will become a permanent requirement in these kinds of cases.
Both sides need to be carefully looked at and not just biased to one or other because of gender or nationality.
Please God help our system to be just and work.

1.12.2007 1:05pm

Mark Smith (mail) (www):

Few people believe how important it is for judges to recognize this risk until their own child, or the child of someone they know is abducted to a foreign country.

I am the webmaster of the Japan Children's Rights Network whose website lists many stories of international parental abduction to Japan where parental abduction is not even considered a crime.

Most of these could have been prevented by judges like this one who were aware of the risks and took them seriously.

Instead, the American parents have to get arrest warrants after the fact for the Japanese parent who abducted their child. Check the list. Japan will not extradite any of these parents.

I support this ruling 100%. Until enough parents from frequently offending countries get supervised visitation and then complain to their own governments, these kinds of rulings are the only way to protect our children.

1.13.2007 7:44am

May 20, 1988-January 2004
At age 18 Leila finally was able to leave Egypt and come to America. She was also attending Ain Shams University in Cairo, Egypt studying Japanese now.
She had traveled Egypt Air to New York and was to change planes in JFK, but was delayed by security at the Airport as they had her on their file as being kidnapped. She was questioned, but nothing more. No one seemed to know what to do about her return to America. She managed to get a taxi to the LaGuardia Ariport to get another plane to RDU. When She arrived at the RDU airport she was wearing a coat too big for her and her head was covered with a scarf typical of Muslim women. She was finally back in America after being gone since the age of two. Her desire was to see snow again.

1.13.2007 9:30am

Eric Kalmus (mail) (www):

Perhaps if the United States had in place laws to protect our children back in the 1990's I would still have access to my daughter, Amy. I have been denied visitation with her since the day her mother, with the support of the Japanese court system absconded with her. It may be difficult for the United States Government to get these rougue nations to step up and become part of the "world community", but by having protections in place we can prevent further abductions.

On August 18th 2006 a group of left behind parents took to the streets of Hollywood California to protest Japan's hypocrisy in regards to international abduction. A 8 minute movie was created using footage from the first day of the protest. Please share this link with everyone you know.

http://www.youtube.com/watch?v=Ko_o6Qm98QM

Please help the United States Court System, and the United Nations to stop the unnessesary abuse of our childrens rights ! Voice your opinon !!!

Eric Kalmus

1.13.2007 1:18pm

Murray Wood (mail) (www):

In his introduction to this discussion, Mr. Alford describes the dilemma that judges charged with protecting the best interests of children face when there is a perceived threat of international child abduction. It is undoubtedly difficult for a child to develop a rich relationship with a parent if all of their interactions are supervised by a social worker. However, once a child is removed to a country that is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, the negative consequences of an order for supervised access seem insignificant.

My ex-wife abducted my children, Takara (then 10) and Manami (then 7), from Vancouver, B.C. to Japan in November 2004. I had sole custody and guardianship of the children by Order of the Supreme Court of British Columbia but, in keeping with Mr. Alford's concerns about children being able to maintain strong relationships with both parents (and their extended families), I decided that it was in Takara and Manami's best interest to visit their grandparents in Japan with their mother. I was wrong. Despite having exhausted all legal avenues within Japan, I have not seen my children for over 2 years (details and supporting documents at http://public.sd38.bc.ca/~mwood).

Japan is not a signatory to the Hague convention and will not extradite Japanese citizens to Canada regardless of the crimes they may be charged with here. Japan is a haven for parents who abduct their children in order to avoid living up to responsibilities placed upon them by courts in jurisdictions where the child's right to maintain a relationship with both parents is recognized and enforced.

Placing restrictions on parental access in Hague countries is far preferable to providing opportunity for a vindictive parent to abduct a child and sever all of his or her connections to home, family, and heritage. The psychological damage resulting from the later situation is utterly devastating to children.

If courts continue to make decisions consistent with Shady v. Shady, perhaps counties such as Japan will finally get serious about making the reforms necessary to conform to international expectations for protecting the rights of children.

1.14.2007 8:14pm

Dr. Laura G. Sweeney (mail) (www):

www.childabduction.blogspot.com

Dr. Laura G Sweeney: Abduction in Fiuggi

I have primary-joint custody of my three children who are retained in Italy. My custody decree [Civil Action: 97V-0656] was signed by Gennaro Villa, 19 September 1997, giving Georgia jurisdiction over the children.

Mr. Gennaro Villa refused to return the children from visitation in Italy. A US Office of Children's Issues employee informed congressmen, Joe Fonseca of the FBI, and others I had lost custody of the children in a Hague Tribunal in Italy. I have two e-mails, one in which the US Office of Children's Issues' employee changed the words "juvenile court" to "Hague Court".

Giovanni Villa, my son, telephoned the US Embassy in Rome to request his passport. He was in my presence and in the presence of his grandmother along with Italian residents of Fiuggi during the two calls in August 2005. The US Embassy official told us then, in August 2005, (when he telephoned) that Giovanni and Carmen could not return to the USA "due to the Hague". My children and I are now aware that there was not a Hague Tribunal and that Giovanni and Carmen had a right to return to the USA along with their eldest sister.

The US Office of Children's Issues has obstructed Georgia Law Enforcement by telling Agent Fonseca (FBI) and others he could not issue an arrest warrent for Gennaro Villa due to my having lost the Hague Trial.

The central authority in Europe has verified that I never attended a Hague Tribunal and that I did not lose custody of my children. The US Office of Children's Issues continues to spread misinformation about my case, and Mr. Fonseca says he will not issue a warrent for IPK because Italy would not send Gennaro Villa back to the USA.This is a poor excuse to break the law and to deny me my constitutional right to protection of my progeny.

My eldest daughter (who returned to America because she was given a passport by the US Embassy in 2005) recently returned to Europe (at age 16) when she was offered a huge sum of money by mail. She told me today, by telephone, that she regrets having returned to her father since he was not as nice as he promised he would be. She is counting down the months till she turns 18 years of age and can run away from him.

I tried to prevent my eldest daughter's departure on October 30, 2006, but after I made my report, the FBI told The Atlanta City Police that this was a federal matter, not a local Georgia matter. The Atlanta City Police did a police report that made it seem Mr. Villa had primary-custody, not mentioning the photos I gave police, nor my primary-joint custody, nor the pedophile with whom my daughter was aquainted in Italy and on MySpace.

The Atlanta City Police, the Office of Internal Affairs, and Ms. Jane Swift have ignored my visits to their offices, my telephone calls, and my certified letters to ask why an IPK warrent has not been issued for Gennaro Villa.

Ms. Bishon, of The Atlanta City Police, telephoned me days after my eldest daughter's return to Italy. She informed me she had telephoned Cathie Sanchez of Polly Klaas to tell her organization not to assist me and to take down the posters. Ms. Bishon also asked the NCMEC not to assist me because she said Gennaro Villa had given Francesca permission to return to Italy (in spite of Francesca's pobation in Dekalb County). Ms. Angela Turner of the Italian Consulate in Atlanta verified Gennaro Villa gave Francesca permission to return to Italy. They knew this was in violation of Francesca's US probation.

Ms. Fiona Dinali of the Italian Embassy in Miami called me with the statement that The Atlanta City Police had assured Italian authorities they would not punish Gennaro Villa for the original abduction by issuing an IPK warrent.(Everyone seemed to agree it was okay for Francesca to depart regardless of her US probation officer's order in Dekalb County.)

I haven't seen Giovanni and Carmen for more than a year and a half. Giovanni asked me today (by telphone) if he could still have his Georgia H.O.P.E. scholarship if the United States doesn't successfully have him returned.

There are some dishonest people in the US Office of Children's Issues who should be fired for their egregious abuse of power, efforts to obstruct law enforcement, and . . ..

I would love to be interviewed regarding this matter and to provide documentation on the Sweeney-Villa: Abduction in Fiuggi Case.

There is no excuse for creating a Fake Hague and for telling law enforcement not to follow the constitutional law of the land.

Nor should our US Office of Children's Issues and Law Enforcement abuse the children of foreign nationals by denying access to their foreign parents.

Laura G. Sweeney, EdD

1.15.2007 4:40am

Cornelia Kurz (www):

I have spent several years of my life trying to assist Yamila Castellanos in her fight to have access to her daughter. In the course of this involvement, I have become a magnet where many people have come to me and asked for advice and assistance in cases of a vindictive parenst stealing a child from the other parent. I have never been able to say anything positive. They have always come to me after the fact. Prevention is everything!

Unfortunately, here in Japan, there is no recourse to recover a child abducted internationally. Japanese family courts will always find in favor of the Japanese parent. To date there is only one case documented where a foreign parent was recognized as the better parent for the child, but the child has not been returned. There is absolutely no mechanism by which a child can be transferred from a non-cooperative Japanese parent. No sheriff, no police intervention, nothing. The order of the court is an empty and powerless order.

This has been documented at the web site quoted above: Japan Children's Rights Network http://www.crnjapan.com/en/

In fact, now I see a disturbing trend where mail order brides are thrown out after breeding for their husbands. These women's voices are largely silent. Once they lose their visas to reside in Japan, their cases are hopeless. But this is a separate issue from the international abductions back to Japan by Japanese parents. They know that Japanese courts will protect them and they act accordingly.

The rights of the children involved are completely ignored. There is loads of documentation on the issues with self-esteem and social belonging faced by children who grew up with one parent after a nasty divorce, and also children who grew up in foster care or as adopted children, and only now some research is being done into the damage to an abducted child. Very often, the abducting parent coaches the child to hate the other parent. Adopted children in the U.S.A. do very well, they are high performers, well adjusted, fully functional adults. A parentally abducted child is at very high risk for a lifetime of trouble!

The decision to order supervised visitation in the event of a possible threat of abduction is a very wise decision. There is definite cause for such careful consideration. This is not just a figment of someone's paranoia. Parent's who have had a child abducted often live their lives with the guilt that they somehow failed their child. The abducted child lives a life thinking that they were unwanted by one of their parents. They often never really become successful in society, even if in adulthood they are somehow allowed back in touch with the lost parent. (There was a great documentary film shown on this subject at:
Hague Convention &International Child Abduction Seminar
December 3, 2005 Hosted by the Canadian Embassy in Tokyo from 13:00 to 18:00)

If you are interested in this topic, even a little bit, please do some research before forming your opinion. Child abduction to another country is a very real issue. And recourse is nil when that other country is not a Hague Convention on Child Abduction signatory.

1.15.2007 6:54am

Opinio Juris

A weblog dedicated to reports, commentary, and debate on current developments and scholarship
in the fields of international law and politics

Contributors

Guest Writers

Opinio Juris Inaugural On-Line Symposium: Challenges to Public International Law

Special Features

Recent Posts

More links here

Subscribe

Search Posts

Categories

Archives

Blogroll

Opinio Juris Alumni

Site Statistics