In the realm of family relationships, parental abduction is a troubling and often overlooked reality. It’s a complex issue that raises crucial questions about parental rights, child safety, and transnational legal challenges. Every year, thousands of children are taken by one of their parents, often in a desperate act of family conflict or flight. This practice leaves lasting emotional scars and raises profound moral and legal concerns.
The Missing Children’s Network receives dozens of calls every week from worried parents who have questions or concerns about potential abduction by the other parent or a family member.
Each year, over 100 Canadian children fall victim to parental abduction.
Separated from their family, home, and friends by a parent or family member, these children find themselves thrust into a life of uncertainty and isolation. What should have been moments of joy and discovery shared with family turn into periods of stress and confusion.
Traveling with children should be an enjoyable time for all family members, but when conflicts arise between parents, it can turn into a nightmare for the children. In order to maintain harmonious relationships with the other parent and ensure the safety and well-being of your children, it is imperative that both parents scrupulously respect court judgments and pre-established guidelines.
This involves mutual respect for access and custody rights, as stipulated in your respective judgments. If disagreements or issues arise with the other parent regarding access or travel rights, the Missing Children’s Network strongly recommends that the concerned parent whose rights are being violated immediately consult a lawyer specializing in Family Law to understand their rights and the measures to take to protect the child’s interests and ensure compliance with court orders.
Recommendations from Me Barza, Family Law Attorney
Over the years, the Missing Children’s Network has had the opportunity to work alongside various professionals when dealing with parental abduction cases. These professionals include law enforcement, government agencies, other missing children organizations and, of course, family lawyers. One of those lawyers is Me Howard Barza, a very good friend of the Network. He has kindly shared some of his recommendations for families traveling with their children:
“I always advise parents in a divorce or custody case to ensure that any court agreement or judgment contains a clause specifying that neither party has the right to remove the child (or children), even temporarily, from the province of Quebec without obtaining the written consent of the other parent. We normally add that the consent may not be unreasonably withheld, for example, a parent wishing to take the child to Disneyworld or to visit his grandparents in Vermont.
I also advise a clause whereby the parent who is travelling with the child to provide details of their itinerary. However, the situation becomes problematic when one of parties has no permanent roots in Quebec, has acted irresponsibly in the past and now wishes to travel to the country of their birth outside of North America. If there is even the slightest doubt as to whether the parent would return the child, I would advise a client to not consent to such travel and submit the matter to the Courts for adjudication if necessary.
Moreover, if a parent wishes to travel with a child to a country such as Yemen, Afghanistan or Saudi Arabia which are non-signatories of the International Hague Convention (explained below), I would not allow such travel. In case of doubt, I would advise you to consult with the Missing Children’s Network for verification of which countries are bound by this treaty. The 1980 international treaty entitled, The Hague Convention on the Civil Aspects of International Child Abduction, was adopted in order to secure the prompt return of children wrongfully removed and taken to another country that is a signatory of the treaty. Wrongful removal essentially signifies that one party violated the custody rights awarded to the other party by a decision of a court. The law applies to children under the age of 16 who were residing in one country on a regular or “habitual” basis prior to their illegal removal by one of their parents. The application to return a child illegally removed from Quebec must be undertaken within one year. If this illegal abduction were to occur, there is an institution in Quebec (which is signatory of this international treaty) known as the Central Authority which is entitled to legally enforce the original custody decision in the country to which the child has been illegally retained. The goal is to have the child returned to the custodial parent.
It is possible, in virtue of article 13 of the Treaty, for the other party to contest the return of the child. In exceptional circumstances, they could argue that to do so would expose the child to grave risk, including psychological or physical harm. The child, if sufficiently mature according to a court, may also object to returning to the other parent. This, however, is problematic and may occasion a debate regarding parental alienation, which regrettably manifests itself frequently in contested custody cases. In all cases I would suggest consulting with an attorney prior to concluding any agreement pertaining to the custody of your children.”
Me Howard Barza, attorney with over 35 years of experience working as a family lawyer and more specifically parental abduction cases.
Focus on Parental Alienation
Parental alienation is a devastating reality that can emerge in situations of parental conflict. This phenomenon occurs when one parent deliberately manipulates the child to turn them against the other parent, thus creating an emotional rupture between them.
The consequences of parental alienation can be profoundly detrimental to the child, leading to mental health issues, relational difficulties, and long-term emotional distress. To prevent parental alienation, it is essential to foster a healthy and respectful family environment where the well-being of the child is placed at the forefront of concerns.
Encouraging open and honest communication between parents, as well as mutual respect for parental rights, can help reduce the risk of alienation and promote balanced and harmonious family relationships.
If you have any questions or concerns, the Missing Children’s Network is here to help and can provide assistance and support.
For more information, please contact us at 514-843-4333 or toll-free at 1 833 632-4673.