![]() ![]() ![]() This Comment offers another solution to the conflict between the child’s best interests principle and the Hague Convention on Child Abduction by drawing from the Hague Adoption Convention and the U.N. This Comment examines past scholarship on reconciling the child’s best interests principle and the Convention before furthering current understandings through the examination of two other international procedures involving children. However, in making this determination, courts have faced criticism due to the lack of consideration for the child’s best interests, an international principle typically mandated for any action concerning children. Under the Convention, the relevant courts are charged with determining where the child’s habitual residence is and whether the child should be returned to the left-behind country. The court will consider the following in. #Child abduction codeBut the primary purpose of the Hague Convention on the Civil Aspects of International Child Abduction is to protect children against wrongful removal or retention by one parent against the will of the other parent. Child Abduction Laws Sentencing and Punishment (PC 277-280) Pursuant to California Penal Code Sections 278 and 278.5 1, a violation of child abduction laws is known as a wobbler meaning, you can be charged with either a misdemeanor or a felony, depending on certain elements of the case. Take the time to ensure that your children know good basic child safety precautions which will make them less likely to be the victim of these types of crimes.In the past few years, the number of cases involving international child abduction has risen significantly. Make sure that your children know that they can always discuss with you things that cause them concern or make them feel uncomfortable. If the child is attacked for something of value that he has, he should immediately give it up rather than risk harm.Ĭonsider role playing with your children using scenarios that they could face and what basic safety precautions they should use. If followed or made uncomfortable in any way, the child should always tell you or another adult right away. Rather than just screaming, the child should shout something specific such as "stranger - get away from me - leave me alone - this is not my parent - help." If approached by someone who makes the child uncomfortable, the child should immediately run away and make noise, drawing attention to his or her situation. It will take someone in a vehicle some time to get turned around, hopefully allowing the child time to get to safety. If the child is being followed by a vehicle, he should quickly turn around and run in the opposite direction to a place of safety. We know that it is important that your children know their address and phone number, but be sure that they know never to give out the information to strangers. Teach children not to be vulnerable to "lure tactics" such as someone approaching the child, acting very sad, and asking the child to please help find his missing pet.Ĭhildren and parents should agree on a code word to be used by anyone other than the parent who would be sent to pick up a child in case of an emergency. If they are home alone, they shouldn't answer the door or tell anyone on the phone that they are alone.Īlways make sure you know where your child is and who they are with.Ĭhildren should never go into a house with a friend that is unknown to the parent or accept rides from friends who are not known to the parent. Explain to them that a stranger is anyone they don’t know. ![]() Teaching our children sound safety precautions is probably the best safeguard parents can provide.Ĭhildren should never talk to strangers. However, parents should be aware that these types of cases are actually rare and we as parents can take measures to help ensure that these things won’t happen to our children. Every time a child abduction makes the headlines, it understandably gets the attention and concern of all parents. ![]()
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