Nri Marriages: Parental Child Abduction
NRI MARRAIAGES – LEGAL ISSUES & CONSEQUENCE : INTER PARENTAL CHILD ABDUCTION.
WHAT IS A PARENTAL CHILD ABDUCTION:
Article 3 of the Hague convention on Civil Aspects of International Child Abduction[1] provides for the definition of inter parental child abduction. It says:
The removal or retention of a child is considered to be wrongful where: a) If it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the state in which the child was habitually resident immediately before the removal and retention and; b) At the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.
Reasons for Parental-Child Abduction: Parental abduction usually occurs during periods of separation and divorce. Generally, this action has been by the parents due to the uncertainties surrounding court proceedings and child custody disputes. Several years after a divorce, there is a possibility of a reoccurrence, consequently plaguing the custodial parent for a number of years, if not a lifetime. Parents abduct a child or children for a variety of reasons. Revenge is one of the most powerful motivators. The abduction is mostly due to: • Family stress; • Marital separation; • Relationship problems; • Power struggles between parents; • Custody order disagreements; or • Physical, sexual, verbal and emotional abuse.
EFFECTS OF PARENTAL-CHILD ABDUCTION: Philosophically, separation is the biggest reason for any kind of depression on an individual. As in parental-child abduction, a child is separated from either of the parents, both, the abducted children and the left-behind parent can face a serious of harsh psychological, physical and social effects.
Effects on Abducted Children: A child is used to a certain environment in which he/she is living since birth. On Abduction, a
WHAT IS A PARENTAL CHILD ABDUCTION:
Article 3 of the Hague convention on Civil Aspects of International Child Abduction[1] provides for the definition of inter parental child abduction. It says:
The removal or retention of a child is considered to be wrongful where: a) If it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the state in which the child was habitually resident immediately before the removal and retention and; b) At the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.
Reasons for Parental-Child Abduction: Parental abduction usually occurs during periods of separation and divorce. Generally, this action has been by the parents due to the uncertainties surrounding court proceedings and child custody disputes. Several years after a divorce, there is a possibility of a reoccurrence, consequently plaguing the custodial parent for a number of years, if not a lifetime. Parents abduct a child or children for a variety of reasons. Revenge is one of the most powerful motivators. The abduction is mostly due to: • Family stress; • Marital separation; • Relationship problems; • Power struggles between parents; • Custody order disagreements; or • Physical, sexual, verbal and emotional abuse.
EFFECTS OF PARENTAL-CHILD ABDUCTION: Philosophically, separation is the biggest reason for any kind of depression on an individual. As in parental-child abduction, a child is separated from either of the parents, both, the abducted children and the left-behind parent can face a serious of harsh psychological, physical and social effects.
Effects on Abducted Children: A child is used to a certain environment in which he/she is living since birth. On Abduction, a