Governments Sponsor International Child Abduction
All men are now deemed guilty even before a crime has been committed
Subject: ACFC: Government-sponsored international child abduction
Date: Tue, 27 Oct 1998 23:59:24 -0700 (MST)
Thanks to Lindsay Jackel for sending us the following.
Here's a report from the family law conference currently underway in Hobart, Australia.
With more international marriages occurring, it appears that when one breaks down the mother may well want to return
to her country of origin and take HER children with her. Family court lawyers and the FC and government are being
urged by a British 'expert' to find reasons to allow such women to do this and to make it easier for them to do.
Looks like mothers abduct children more now than fathers -- and the unintended consequence is that they are now being
caught by laws/treaties designed for non-custodial fathers. Since this just won't do -- in our feminist and FC
paternalistic anti-father society -- changes are being advised.
There is a double standard in our society. If men were to do this it would be because they are bad or mad.
When mothers do it, however, a reason or excuse is looked for and found. In this case, it is alleged, mothers are
abducting children because their children are being abused, and being the loving caring people that only mothers are (it
is implied), they are driven to remove them from the country where the abuse is taking place. The motivation for
this proposed change is blatantly sexist. The convention was established to catch fathers. Now that mothers
are being caught, change is being proposed.
It is being proposed that the treaties now be more liberally applied and that ABUSE be taken into account. So
expect even more FALSE ALLEGATIONS of ABUSE from expatriate women fleeing with THEIR children. Of
course no PROOF will be required.
Sadly this is a continuation and spreading of the use of false allegations of abuse to score points in the children
and property battles fought by mothers (and the feminists organisations - like the Sole Parents Union and the Council
for the Single Mother and HER Child - that push for these advantages for women only) in the FC. She who OWNS/WINS
the children wins the toys!
As we know from experience with Magistrates and FC experience, there is no burden of proof to prove the allegations.
All a woman has to do is make the allegations and she is believed and supported, whilst a man is neither believed nor
Write to the Attorney-General and the Family Court requesting that proof of abuse allegations be provided --
something like 2 or 3 witnesses.
Advice to Young Men - Tip #372: Don't marry someone with family overseas!?
The Age (Melbourne)
27 October 1998, p4
Mothers more likely to abduct children: expert
by Caroline Milburn, Law Reporter, Hobart
Strict application of an international treaty is putting children at risk, family lawyers are told.
Mothers were more likely than fathers to kidnap their children, but courts dealing with this new trend
in international child abduction had failed to respond to it adequately, a legal expert said yesterday.
The nature of child abduction had changed dramatically since an international treaty, the Hague
Convention, was introduced in 1980 to tackle the problem, said Mr. David Harris QC, a British expert on overseas
Under the terms of the convention, a court must order that an abducted child be promptly returned to
his or her home country, except in some limited situations.
Mr. Harris said the treaty was based on the belief at that time that most abductors were
non-custodial parents. But the rise in international marriages had reversed the trend over the past decade and
made the cases more complex. [Translation: An unintended consequence is that now that convention is being
applied equally to mothers and that's not fair to mothers. Accordingly, excuses have to be found and changes made.
About 70 per cent of abductions were carried out by mothers who had custody of their but wanted to
return to their home country after the breakdown of their marriage. [This is the real reason, but it can't be
used to justify abductions because it makes the mother responsible for her own actions. So an excuse is sought --
and found, it is allegations of abuse! LJ]
In a speech to a family law conference, Mr. Harris said courts should order the return of an abducted
child in most cases.
But there was growing concern about cases of alleged parental or child abuse where some children were
being returned to an unsafe environment because the courts were adopting a stringent interpretation of the treaty.
[Translation: When a law is applied equally to men and women and women are caught by it, it is redefined as stringent
and in need of change. Leniency for women is called for. Is it any wonder our prisons are overwhelmingly
filled with men? And feminists then use this fact to assert that men are more criminal! LJ]
Under the convention, courts can choose not to return a child if there is a grave risk he or she
would be exposed to harm. However, Mr. Harris said the summary procedures of the convention made it difficult for
courts to thoroughly examine allegations of abuse before they ordered a child's return.
"We are now in an entirely different ball game than the situation in 1980, and the courts have to
address that," Mr. Harris said.
"There are going to be increasing numbers of families where this problem occurs, where the child will
be subject to unacceptable risk if the child is returned, and courts in England and Australia have to come to terms with
He said courts should interpret the convention more liberally to avoid returning children to
dangerous situations where the legal and welfare systems in some countries might not be strong enough to protect a child
at risk of abuse.
Fifty-three nations, including Australia, are signatories to the convention. Mr. Harris said
the treaty should be amended to make it easier for courts to examine allegations of child abuse.
"Summary procedures have to be reconsidered where you have an arguable case that a child is going to
be subjected to a grave risk of harm in the requesting state," he said.
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