Child transport

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Child abduction refers to the kidnapping of a child ; if this is done by one of the parents' own parents, the terms child abduction , child entrainment are also used. Retaining a child is also included in these terms. In Anglo-Saxon one speaks of child abduction , in French of l'enlèvement d'enfants (kidnapping). In Spanish from sustracción de menores (deprivation).

Motives for the crime

Different motives and backgrounds can play a role in kidnapping children .

Ransom / extortion : On the one hand, children of wealthy personalities are repeatedly victims of kidnappings, as the perpetrators hope for a high ransom. Well-known cases of this type in German criminal history were, for example, the kidnapping of Joachim Göhner , the kidnapping of Ursula Herrmann , the kidnapping of Nina von Gallwitz , the kidnapping of the Schlecker children and the kidnapping of Jakob von Metzler . There have also been cases in organized crime circles where the children have been kidnapped by investigators or rival gang leaders and held hostage in order to pressure them and force them to behave properly.

Mental / Sexual Disorder : In other cases, children are abducted by mentally and / or sexually disturbed offenders who find satisfaction in imprisoning, mistreating or abusing their victims, and sometimes even killing them. Well-known cases of this kind in Germany were, for example, the kidnapping of Levke Straßheim and the kidnapping of Stephanie R. Due to the unusually long imprisonment of the victims over many years, the Niigata child abduction in Japan and the kidnapping of Natascha Kampusch from Austria were particularly shocking . The abduction cases of Elizabeth Smart and Jaycee Lee Dugard in the USA and the still unexplained disappearance of Madeleine McCann also attracted a great deal of international attention and sympathy .

Adoption : Another motive for child abduction in some developing countries is the criminal referral of kidnapped children for adoption to wealthy families from the western world. Childless couples from America and Europe often pay large sums of money for an international adoption and are sometimes prepared to accept or not to question illegal approaches. Child abductions or kidnappings for this purpose are particularly documented for individual countries in Central America and Africa and are related to international child trafficking . A well-known case was the spectacularly unsuccessful transfer of alleged orphans from Chad to France in 2007. The adoption of kidnapped children or children bought from their mothers in Guatemala has developed into a mafia-like branch of the economy, with around 5,000 in the course of 2007 alone by October Adoptions carried out, the majority of them illegally and without correctly proving the origin of the children and the consent of the birth parents. The Hague Convention on the Protection of Children and Cooperation in the Field of International Adoption provides protection against such abuses .

Childlessness : Infant kidnapping by childless mothers

By a parent : see relevant section below

Criminal law

In Germany child abduction is pursued as the removal of minors with up to ten years imprisonment, in Austria as child abduction , in Switzerland as removal of minors , each with up to three years imprisonment.

Children's Rights Convention

Child abduction is a violation of the UN Convention on the Rights of the Child :

  • Article 9 of the Convention stipulates that the contracting states should ensure that a child is not separated from his or her parents against the will of his or her parents, unless the competent authorities determine in a judicially reviewable decision in accordance with the applicable laws and procedures that the parents Separation is necessary for the best interests of the child. Such a decision may be necessary in individual cases, for example if the child is mistreated or neglected by the parents or if a decision has to be made about the child's whereabouts in the case of separated parents.
  • Article 11 of the convention states that the contracting states shall take appropriate measures to combat the illegal movement of children abroad and their illegal non-return.
  • In summary, this means: "Children's rights are human rights", which means that children have the right to interact with both parents.

Psychological consequences in the child

The children suffer from the trauma of having lost a beloved parent (or both). In many cases, the trauma is exacerbated by the abductor (the withdrawing parent) by ill-speaking about the lagging parent (or both) in the presence of the child or, in the worst case, by claiming that the lagging parent (or both) has passed away. The child leaves its familiar environment and is relocated to a foreign environment, in which it is (possibly) confronted with a different culture, another language, different habits, different food and a different educational system. The child is thus forced to assume a new identity. In extremely dire cases, the children change their names, their appearance and their birthday to hide their true identity. This is a rigorous interference with the child's right to know and live with his or her true identity .

The psychological stress that the kidnapped child has to deal with can have many consequences: Depression, mood swings, eating difficulties, anxiety, feelings of guilt, loss of emotional stability, loss of self-confidence and self-confidence, restriction in personal development, extreme fear of loss, loneliness, fits of anger, Identity crisis.

Even if a child were to be returned to their retarded parent (or both), they would face the following difficulties:

  • the relationship with the retarded parent (or both) is frozen;
  • there is no common language between the child and the retarded parent (or both);
  • from the child's point of view, perhaps the retarded parent (or both) should have done more to get the child back;
  • New family environment after returning: The parent (or both) who stayed behind has remarried, which means that the child has an unknown step-parent, new half-siblings, etc.
  • Children who have been abducted at a very young age can hardly remember life with the retarded parent (or both).

Child abduction by a parent

Child abduction by a parent is the kidnapping or illegal retention of a child by a parent. Formally, this offense ( deprivation of minors ) is a violation of custody by the other parent or, in the case of a parent who is not entitled to custody, a violation of the right of access.

In the case of parental child abduction one speaks of the following "actors":

  • the abducted child
  • the kidnapping parent and
  • the left-behind parent.

Child abduction can lead to parent-child alienation . Parental child abduction contradicts the basic ethical ideas, which should enable the child security, love, understanding and affection of both parents. In contrast, the kidnapping parent sees the child as his own property and grossly violates the child's human dignity. Children are under protection and need the support of both parents. Even if a partnership or marriage ends, the responsibility as parents does not end.

Mediation

A kidnapping can result in considerable psychological stress for the child or children concerned. Parents, too, are often overwhelmed by the conflict situation and feel alone with their fears and insecurities. Carrying out mediation can therefore be very fruitful for the parents concerned. In addition to the question of repatriation, a solution for other questions relating to the common child can also be negotiated there. In addition, the parents' injuries and fears are absorbed. Studies show that parents who have made use of mediation deal with each other more freely in the long term. They have their own needs and interests, but also those of the other parent, clearly in view and can live in the knowledge that they have discussed and resolved issues relating to them and their child together and with respect, even if a mediation agreement has not been reached should.

Mediation is a process in which both parents, with the support of two mediators, independently resolve their child's conflicts. The mediators create a constructive atmosphere for discussion and ensure that parents are treated fairly with one another. The mediators have no decision-making powers; they limit themselves to supporting the parties to independently work out a meaningful solution to their problems. In addition to the question of the child's habitual residence, it can also be about maintaining contact between the child and both parents, contact regulations, agreements on caring for the child, school development, bi-cultural upbringing, necessary rules on financial care, etc.

The worldwide operating association MiKK specializes in arranging international mediation for child abductions and advises those affected individually in their conflict situation. The (accelerated) HKÜ procedure only deals with the subject of the repatriation of the child, but not with other questions relating to the future of the family, such as which arrangement is best for the child.

complaint

A criminal complaint against the kidnapping parent can result in the kidnapping parent being exposed to criminal prosecution after the child has been repatriated and possibly not being able to exercise his or her right of access. Furthermore, an amicable out-of-court settlement in the context of mediation is made more difficult.

Application for sole custody / right of residence

The application for sole custody or right to determine residence strengthens the negotiating position. In the context of these custody proceedings, which are carried out via public service even in the absence of the abducting parent, the family courts issue a surrender order upon request.

HKÜ procedure

The HKÜ procedure is exclusively a civil law procedure. The abducting parent evades the obligations of the agreement and goes into hiding with the child.

causes

The most common causes of child abduction by a parent are:

  • The abducting parent tries to gain an advantage in the context of a separation / divorce / custody dispute and thus confronts the retarded parent with a fait accompli.
  • The abducting parent wants to harm the other parent or take revenge on the other.
  • The abducting parent tries to force the left behind parent to make financial confessions.
  • The abducting parent tries to persuade the abandoned parent to move the entire family to the home country of the abducting parent.
  • One parent refuses to return the child after exercising the right to visit.
  • One parent escapes to prevent the other parent from having the right to visit.
  • The abducting foreign parent fears being at a disadvantage in a custody battle and sees himself at an advantage in his own country.
  • International child abduction occurs among German-German, uninational and binational couples. The abducting parent often has special ties to the destination country of the kidnapping, usually their home country.

Belittling

This article or the following section is not adequately provided with supporting documents ( e.g. individual evidence ). Information without sufficient evidence could be removed soon. Please help Wikipedia by researching the information and including good evidence.

Child abduction by a parent is belittled in society, including many authorities and institutions:

  • this would be a private family affair;
  • the child is safe with the abducting parent, mostly when the abducting parent is a mother;
  • these so-called family disputes would be resolved quickly;
  • this is not a criminal offense, since there is no victim because the child is with one of the parents;
  • The abducting parent will have had some reason, so often the statements of ignorant people.

Consequences for the retarded parent

For the parent who has stayed behind, the trauma begins when he or she returns home and sees that the other parent has secretly taken the children with him or that the children will no longer return if they are allowed to stay while visiting relatives or the other parent.

The backward parent faces the following situation:

Emotional level:

  • Helplessness: "What do I do first to get our child back?"
  • State of shock
  • internal paralysis
  • depressions
  • insomnia
  • anxiety
  • Anger against the other parent
  • Sadness about the loss of the child and possibly about the marriage

Legal and socio-economic level: (in the case of international child abduction)

  • Confrontation with another legal system
  • Language barriers and cultural differences in the country where the child was kidnapped
  • financial difficulties to afford a lawyer and possibly a translator
  • high travel costs

Consequently, child abduction has just as far-reaching consequences for a retarded parent as it does for the kidnapped child. A child abduction has the consequence that a family is emotionally and financially stressed. Often, retarded parents plunge into financial ruin to bring their loved ones back.

Help for retarded parents

Help is available in the case of missing or kidnapped children on the emergency number 116000, which can be reached in all EU member states.

The International Social Service is the official free central contact point for child abductions; she informs parents, shows them possible ways and contacts and is available to them as a contact. Since January 1, 2012, this demand of the Children's Commission of the German Bundestag has been implemented.

Private initiatives also offer those affected a forum in which to exchange ideas.

In addition to the exhausting repatriation procedure, those affected are busy with many bureaucratic matters:

  • Child benefit that is canceled from the family benefits
  • Problems with statutory health insurance
  • unlawful de-registration of the kidnapped child at the residents' registration office
  • other tax law and fee law problems
  • Problems with the public prosecutor regarding criminal charges and international arrest warrants
  • Problems in the context of the HKÜ procedure
  • legal problems

Child benefit entitlement for missing children

Under certain circumstances, family benefits can cancel child benefit if the child is abroad. Some legal remarks on this:

  • Parents are entitled to child benefit as long as the child is missing, up to the age of 18.
  • “In the case of illegal child abduction, however, special features apply (BFH rulings of March 19, 2002 VIII R52 / 01; of October 30, 2002 VIII R86 / 00). If the child is kidnapped abroad, domestic domicile will only be terminated if the circumstances suggest that the child will not return. Even if the child is absent for a longer period of time, the domestic domicile and thus belonging to the household of the domestic parent is retained if the parent immediately initiates the necessary steps for the repatriation of the child and the other circumstances make the child's return appear promising. "
  • Parents whose children were kidnapped by the other parent to a non-European country are only entitled to child benefit if the children return to Germany within six months of the kidnapping. If, on the other hand, the kidnapping was years ago, there is no entitlement to child benefit. Insofar as other tax courts and the Federal Fiscal Court have affirmed the child's place of residence in abduction cases, this case law relates to cases in which the children returned to Germany only a few months after the abduction. Then the legal valuation in § 9 Abs. 2 AO takes effect, according to which a return within a period of six months can be assumed that the residence will be retained. In the event of a dispute, however, it is different in the case of a kidnapping over several years, because then there is no longer a stay abroad that is only classified as temporary.

A judicial service abroad often takes several months, in extreme cases more than a year. Many months, possibly years, often pass before a decision on an HKÜ case is made. Even if the child benefit does not directly benefit the child, it offers the backward parent a financial basis to push ahead with the costly repatriation procedure.

Right to register for missing children

According to § 11 BGB “child's place of residence” the following applies: “A minor child shares the place of residence of the parents; it does not share the place of residence of a parent who lacks the right to care for the child. If neither parent has the right to care for the child, the child shares the place of residence of the person who has this right. The child will remain domiciled until it is legally revoked. ”As a result, the abducted child must continue to be registered with the parent left behind. Often the residents ' registration authorities argue with the residents' registration law of the respective federal states ( Registration Act ), which is a state matter. However, the BGB takes precedence over the state registration laws.

In addition, in the event of a kidnapping, the Federal Fiscal Court decided that entitlement to child benefit should remain, which is tied to living together with the parent (see FamRZ 2002, 1558 = BFH / NV 2002, 1148 = HFR 2002, 1025). What the BFH has decided on child benefit naturally applies in the same way to reporting in accordance with the MRRG and the state's reporting law. If the registration authority does not do this, legal recourse at the administrative court level with reference to the BFH decision remains open to everyone concerned.

Registering the missing child with the registration office implies:

  • School authorities: The school authorities must be informed separately in the case of missing children of school age.
  • Health insurance: The statutory health insurance remains in place for missing children, but the health insurance company must be notified.
  • Municipality: Municipal fees, which relate to the size of the household, can be adjusted to the current situation.

Tax law for missing children

The parents who have stayed behind have the right to an allowance for single parents and a full child allowance as long as the missing child remains registered with the parent who has stayed behind. Furthermore, the costs of the repatriation procedure (legal costs, travel expenses, etc.) can be claimed as extraordinary burdens in the annual income tax return.

Prevention

In some cases, before child abduction, the intention is implicitly indicated or even explicitly stated by one of the parents. Such advice should be taken seriously.

The following measures could counteract international child abduction:

  • Keep children's passports in a safe place;
  • arrange at the respective consulates that no passports may be issued for the children;
  • if necessary, application for the right to determine residence;
  • Furthermore, it must be checked to what extent the Federal Police can prevent departure via airports.

Unknown whereabouts

If the whereabouts of the kidnapped child is unknown, the following institutions offer support to the parents concerned:

  • Age progression: If several years have passed since the kidnapping, the appearance of a child can be adapted to today's age using image editing software.
  • Public Prosecutor: Alert the child to be searched (Interpol Yellow Notice)
  • Contact the BKA liaison officer and the legal department of the German embassy abroad

International child abduction

While parental child abduction can take place within the same city, municipality or region (i.e. within Germany), international child abduction is understood to mean taking a child abroad. The repatriation of children from abroad is not infrequently difficult, since in these cases more than one constitutional system is involved. Children from binational marriages / partnerships are at greater risk of being kidnapped abroad by one of their parents.

Due to the change in our society in the course of globalization, the language usage of international child abduction has become imprinted in the legal sense and can be found in the respective linguistic translations in the Hague Conference for International Private Law :

  • Convention on the Civil Aspects of International Child Abduction
  • Convention on the Civil Aspects of International Child Abduction
  • Convención sobre los Aspectos Civiles sobre la Sustracción de Menores (span.)
  • Convention sur les Aspects Civils de l'Enlèvement International d'Enfants (French)

International child abduction reflects in legal parlance a socio-political problem in today's global society.

Four conventions are relevant to international family law:

In the event of an international child abduction, the following investigative measures may be taken:

  • Interpol Red Notice: Here the kidnapping parent is advertised for a search via Interpol . The Rotecke represents a request for extradition. In the context of the civil law return procedure, the international arrest warrant can be suspended for the reasons mentioned above. One speaks here of a "safe harbor order" . This gives the abducting parent the right to visit and have contact with the child after their return to the requesting country.
  • Interpol Yellow Notice: This is used to locate and detain the missing child.
  • Interpol Blue Notice: This is used to obtain information about a wanted person - in this case about the withdrawing parent or about the withdrawn child. It does not include detention.

HKÜ list of countries

The Hague Child Abduction Convention (HKC) now has over 90 contracting states. States that were not yet members of the Hague Conference - an intergovernmental international organization - when the Convention was adopted at the Fourteenth Session of the Hague Conference on Private International Law in 1980, cannot sign and ratify the Convention with effect for and against all other Contracting States but “just” join it. According to Article 38 (4) of the Convention, the accession of the new state only works for and against the previous contracting states that have accepted it. It can therefore happen that a state has acceded to the HKÜ, but this accession does not yet apply in relation to Germany. This means that Germany has not yet accepted this accession or the acceptance has not yet taken effect. In such cases, the HKÜ is not (yet) applicable between Germany and the other country concerned. Therefore the states concerned are not (yet) included in the list of states. The current status of accessions can be found in the status table on the website of the Hague Conference on Private International Law. In the case of child abductions within the EU, the HKÜ is also the basis for claims for repatriation; For its application, however, the so-called Brussels II a-Regulation in the relationship between the EU states (with the exception of Denmark) sets some requirements for the procedure.

The Brussels II a regulation applies directly in all EU countries with the exception of Denmark, currently in 26 countries (Belgium, Bulgaria, Germany, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta , Netherlands, Austria, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary and Cyprus).

The 1996 Hague Child Protection Convention has over 40 contracting states. In the relationship between the EU states (with the exception of Denmark), the international jurisdiction of the courts and the recognition and enforcement of decisions on parental responsibility are based on the Brussels II a-Regulation.

In addition to Germany, over 30 other countries are currently members of the European Custody Convention (ESÜ). In relation to those non-EU countries and Denmark that belong to both the ESC and the KSÜ, both conventions apply side by side. The applicants thus have the choice of which convention they want to invoke. The ESÜ is superseded by the Brussels II a regulation with regard to the recognition and / or enforceability of foreign custody and access rights decisions in the relationship between the EU states and is therefore only relevant for Germany in relation to states that are not within the scope of Brussels II a regulation.

Frequency, political development, examples

Current 2010: Retarded parents and relatives are protesting in the USA against child abduction to Japan and calling for political support for the numerous children kidnapped to Japan.

Christiane Hirts, Director of the European Committee for Missing Children, made the following assessment in 2010: “1000 to 1500 children are kidnapped every year [across national borders], almost half of them to countries whose governments have not signed the Hague Convention on Child Abduction . These are mainly Arab countries, where repatriation is only successful in around ten percent of these cases. "

Due to the political commitment of the Green Party member Marieluise Beck , a child was returned from Tunisia at the end of November 2008. The child's mother who remained behind and the kidnapped child came from their constituency. In January 2009, Beck brought the topic to the agenda of the 77th meeting of the Committee for Human Rights and Humanitarian Aid : "Information by the Federal Government on dealing with cases of kidnapped children of German nationality abroad".

At the end of March 2009 the third Malta Conference took place as part of the Hague Conference on Private International Law: "Third Malta Judicial Conference on Cross-Frontier Family Law Issues, hosted by the Government of Malta in collaboration with the Hague Conference on Private International Law St. Julian's ( Malta)". The conference continued the dialogue that began in March 2004 with the first conference in the framework of the “Malta Process” and the second conference followed in March 2006. Resolutions and recommendations were recorded in the “Malta Declaration”. The thematic focus was to ensure contact between children and parents who live in different countries and to address the problems of parental child abduction between countries.

Countries that participated in the Malta conference were Australia, Bangladesh, Belgium, Canada, Egypt, France, Germany, India, Israel, Jordan, Malaysia, Malta, Morocco, Netherlands, Oman, Pakistan, Qatar, Spain, Sweden, Switzerland , Tunisia, Turkey, Great Britain and the USA.

The Children's Commission of the German Bundestag (Commission for the Perception of the Issues of Children) discussed the problem of international child abduction with Marieluise Beck as well as with representatives of the Foreign Office and the Federal Ministry of Justice as well as a representative of the International Social Service . In July 2009, the Children's Commission took a position on this topic and saw a need for action with regard to improved cooperation between the responsible authorities, in particular between the Federal Foreign Office, the Federal Ministry of Justice and the Federal Ministry for Family, Seniors, Women and Youth, and with regard to the establishment of a central contact point for Affected people with a pilot function in the International Social Service.

On December 4, 2009, the Federal Foreign Office organized an international symposium on child abduction in close coordination with the Federal Ministry of Justice, the Federal Office of Justice (responsible for HKÜ cases) and the Federal Ministry for Family, Seniors, Women and Youth. For the first time in Germany, national experts from Europe, North and South America, Asia and the Islamic world discussed challenges and solutions to better support parents and their children seeking advice.

See also

Web links

Hague Convention on the Civil Aspects of International Child Abduction
State-specific information
Institutions and non-profit associations in the field of international child abduction
media

Individual evidence

  1. ↑ a b Excerpt from the book Separation and Divorce of Binational Couples. A guide. Ed. Association of binational families and partnerships, iaf e. V., Brandes & Apsel publishing house
  2. ↑ Weltspiegel of October 21, 2007 Guatemala - The secret child theft ( Memento of October 20, 2007 in the Internet Archive )
  3. ↑ December 2, 1983: Eleanor Williams has a stranger hold her baby April - and never sees it again
  4. ↑ national-coalition.de: UN Convention on the Rights of the Child ( Memento from June 1, 2014 in the Internet Archive ; PDF; 94 kB)
  5. ↑ see the logo of the National Coalition for the implementation of the UN Convention on the Rights of the Child in Germany: http://www.national-coalition.de/
  6. ↑ a b c International Child Abduction - The Human and Social Cost ( Memento from October 9, 2009 in the Internet Archive ; PDF; 114 kB)
  7. ↑ Study "Long term effectiveness of mediation" ( Memento from November 1, 2012 in the Internet Archive )
  8. ↑ Elsen, T., Kitzing, M. & Böttger, A. (2005). Professional binational co-mediation in family law disputes (especially dealing). Final report of the research accompanying the model project by the ARPOS Institute. ( Memento from July 14, 2014 in the Internet Archive )
  9. ↑ Common emergency numbers in Europe. Retrieved February 18, 2018 .
  10. ↑ for example the foreign list initiative - binational custody problems. In: Yahoo Groups. Retrieved June 19, 2019 .
  11. ↑ "Service instructions for the implementation of family benefits equalization according to Section X of the Income Tax Act (DA-FamEStG) as of August 2004" (page 15) Dienstanweisung-FamESt 2004 ( Memento from April 24, 2009 in the Internet Archive ; PDF; 777 kB)
  12. ^ Nagold Family Fund: Letter to a retarded parent
  13. ↑ Hessisches Finanzgericht, press release of November 22, 2011, Az. 3 K 1724/10
  14. ↑ According to the experience of a person affected
  15. ↑ Age Progression of Children - National Center for Missing & Exploited Children ( Memento from February 22, 2009 in the Internet Archive )
  16. ↑ For example: http://www.iss-ger.de/ : ISD Internationaler Sozialdienst
  17. ^ BfJ - international custody. Federal Office of Justice, accessed on September 18, 2018 .
  18. ^ The ICPO-Interpol. BKA, accessed on October 17, 2018 (PDF document on Interpol available there; pages 13–14 of this document).
  19. ^ Notices. (PDF; 279 kB) Interpol, archived from the original on March 6, 2009 ; accessed on March 10, 2019 (English).
  20. ↑ Child abduction in the event of separation / divorce. In: vaeterfuerkinder.de. Retrieved June 19, 2019 .
  21. ↑ a b Abducted children - powerless mothers. Süddeutsche Zeitung, May 10, 2010
  22. ↑ Communication. (PDF; 176 kB) In: bundestag.de. January 23, 2009, accessed June 19, 2019 .
  23. ↑ Press Release. (PDF; 52 kB) In: hcch.net. March 26, 2009. Retrieved June 19, 2019 .
  24. ^ Opinion on child abduction abroad. (PDF; 28 kB) In: bundestag.de. July 3, 2009, accessed June 19, 2019 .
  25. ↑ International Symposium on Child Abduction ( Memento from May 24, 2015 in the Internet Archive )