Halloween 2017

Hello Hugo

This is just a short message to wish you a happy Halloween.  To mark the occasion I mailed you a package, see below, on 24 October.  Most of it was not Halloween-related as the supermarket was not very well-stocked in terms of Halloween merchandise.  Hope it arrived in time.  It is your 9th birthday in just under a month – I have already got you something special and will choose more later to be sent out to you next month. Hope you are keeping well.

Daddy

Advertisements

Lawyer calls for end to ‘kidnapper’s charter’

Yousif Ahmed

A Scots lawyer is calling for an end to a loophole in the law that allows one parent to remove their child from Scotland without the consent of the other.

Yousif Ahmed, 29, is urging the Scottish government to propose changes to the law to bring it into line with rules south of the border, where such an act would be a criminal offence.

Mr Ahmed has spoke to Justice Secretary Michael Matheson and is being supported by Reunite International, a charity dealing with international parental child abduction.

Mr Ahmed, an associate with Cannons Law Practice in Glasgow, said: “With the world becoming smaller, international relationships are becoming more common but if such a relationship breaks down it is ultimately the children who may end up paying the highest price by losing all contact with a parent and their friends.

“With the exception of Scotland, the rest of the United Kingdom rightfully criCouminalises the wrongful act of parental child abduction. That is a form of deterrence firmly in place.

“Surprisingly, we do not have that deterrence here – parental child abduction is not recognised as a criminal offence unless a court order has been obtained prohibiting the removal of a child and that in itself raises various problems and issues.”

He added: “To obtain such a court order, you must have some prior knowledge of a pending or imminent abduction and go through a formal legal process which in most cases is not fit-for-purpose, nor effective for preventing parental child abduction from Scotland.

“We also have a distinct lack of protocol and practice for preventing parental child abduction where an abduction is suspected as being likely – what that means is that without a court order, there are is no scope of alerting police to put in place port alerts or red flags which can alert UK border control of a child being at risk of parental child abduction, unlike in England and Wales where a system of protocol and practice is in place to help prevent this from happening.”

Source:  “Lawyer calls for end to ‘kidnapper’s charter'”, Scottish Legal News, 24 October 2017

Enforcement measures eyed to settle child custody battles

The Mainichi

Enforcement measures eyed to settle child custody battles

TOKYO (Kyodo) — An advisory panel to the Japanese Justice Ministry proposed Friday that measures be enforced on divorced parents who take custody of their children against a court order to pay fines.

If the parents continue to refuse to let the children go, court officials will be entitled to take away the children, the panel said in an interim report on the reform of the nation’s child custody system.

The proposal has been made at a time when critics are criticizing the inconsistency between the state’s handling of such disputes between domestic and international marriages as the latter were already subject to rules of the so-called Hague treaty.

Japan in 2014 acceded to the Hague Convention on the Civil Aspects of International Child Abduction, which sets out rules and procedures for the prompt return to the country of habitual residence of children under 16 taken or retained by one parent, if requested by the other parent.

The Justice Ministry plans to solicit public comments on the report later this month. After reporting the outcome to the panel, the ministry is expected to submit a bill to revise the civil execution law to the Diet in 2018 at the earliest.

There is currently no stipulation in Japan’s legal system regarding parents who do not abide by a court order to give away children to their former marital partners. Such disputes have been handled based on regulations regarding the seizure of assets.

According to the proposal in the interim report, divorced parents who refuse to give away their children in defiance of a court order will be fined until their surrender to encourage them to voluntarily abide by the court decision.

If the parents continue to ignore the court order for two weeks, court officials will be allowed to take away the children and put them in the hands of the other parents.

If divorced parents fail to pay expenses to raise children, the report also proposes enabling courts to make inquiries to financial institutions on information about such parents’ financial assets.

Source:  “Enforcement measures eyed to settle child custody battles”, The Mainichi, 9 September 2017