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Parental Child Abduction
Parental child abduction is the hiding, taking, or keeping hold of a child by a parent while defying the rights of the child's other parent or guardian. This abduction often occurs when the parents separate or begin divorce proceedings. One parent may take or retain the child to gain an advantage in subsequent child-custody proceedings. One parent may refuse to return the child at the end of an access visit or flee with the child to prevent an access visit, possibly fearing domestic violence and abuse. It can also occur when a child has been, is about to be, or parent(s) fear that they will be taken into the care of authorities, typically due to child endangerment proceedings. Definitions and legal considerations Depending on the laws of the state or country in which an abduction occurs, this may or may not constitute a criminal offense. For example, removing a child from the UK for 28 days without the other parent's permission (or a person with parental responsibility) is a cr ...
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Divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the Marriage, bonds of matrimony between a married couple under the rule of law of the particular country or state. It can be said to be a legal dissolution of a marriage by a court or other competent body. It is the legal process of ending a marriage. Divorce laws Divorce law by country, vary considerably around the world, but in most countries, divorce is a legal process that requires the sanction of a court or other authority, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. Divorce is different from annulm ...
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Child Custody
Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the right to make decisions about the child, and ''physical custody'', which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in proceedings involving divorce, annulment, separation, adoption or parental death. In most jurisdictions child custody is determined in accordance with the best interests of the child standard. Following ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as parental responsibility, " residence" and " contact" (also known as "visitation", "conservatorship" or "parenting time" in the United States) have superseded the conce ...
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Contact (law)
In family law, contact, visitation and access are synonym terms that denotes the time that a child spends with the noncustodial parent, according to an agreed or court specified parenting schedule.Cambridge DictionaryVisitation/ref> The visitation term is not used in a shared parenting arrangement where both parents have joint physical custody.Jennifer Wolf, Types of custody and visitation, Very Well Family, January 27, 2019. Unsupervised visitation is the most common type, when the parent may take the child to his or her home or enjoy any outing with the child. In supervised visitation, another adult must be present, and there is sometimes a court order to occur at a predetermined supervised child contact centre. Virtual visitation uses video-conferencing technology to allow contact when a child lives far away from the parent. Concept In most jurisdictions the nature of a couple's relationship is established when a child is born to that relationship. In law, there may be ...
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Domestic Violence
Domestic violence is violence that occurs in a domestic setting, such as in a marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and b ... or cohabitation. In a broader sense, abuse including nonphysical abuse in such settings is called domestic abuse. The term "domestic violence" is often used as a synonym for "intimate partner violence", which is committed by one of the people in an intimate relationship against the other, and can take place in relationships or between former spouses or partners. In a broader sense, the term can also refer to violence against one's family members; such as children, siblings or parents. Forms of domestic abuse include physical abuse, physical, verbal abuse, verbal, emotional abuse, emotional, economic abuse, financial, Religious abuse, religiou ...
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United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ...
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Crime
In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a Category of being, category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is def ...
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Hague Convention On The Civil Aspects Of International Child Abduction
The Hague Convention on the Civil Aspects of International Child Abduction or Hague Abduction Convention is a multilateral treaty that provides an expeditious method to return a child who was wrongfully taken by a parent from one country to another country. In order for the Convention to apply, both countries (the one the child was removed from, and the one the child has been brought to) must be Contracting States; i.e. both must have adopted the Convention. The Convention seeks to address international child abduction arising when a child is removed by one parent, when both parents have custody rights, or custody has yet to be determined. It was drafted to ensure the prompt return of children wrongfully abducted from their country of habitual residence, or wrongfully retained in a country that is not their country of habitual residence. The Convention was developed by the Hague Conference on Private International Law (HCCH). The convention was concluded 25 October 1980 and en ...
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Mediation
Mediation is a structured, voluntary process for resolving disputes, facilitated by a neutral third party known as the mediator. It is a structured, interactive process where an independent third party, the mediator, assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to participate in the process actively. Mediation is "party-centered," focusing on the needs, interests, and concerns of the individuals involved, rather than imposing a solution from an external authority. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. Mediation can take different forms, depending on the mediator's approach. In facilitative mediation, the mediator assists parties by fostering communication and helping them understand each other's viewpoints. In evaluative mediation, the mediator may a ...
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Kidnapping In The United States
Kidnapping is a crime in the United States. Throughout its history, a number of incidents have taken place. Prevalence Adults Kidnapping statistics for U.S. adults continue to remain elusive; the crime of kidnapping is not separately recorded by the Uniform Crime Report. In 2010, according to NCIC's Missing Person File, over 69,000 individuals were categorized as "person over the age of 21, not meeting the criteria for entry in any category who is missing and for whom there is a reasonable concern for his/her safety". The federal government estimated around 70,000 missing persons above the age of 18 cases in 2001. Children The vast majority of child abduction cases in the United States are parental kidnapping, where one parent hides, takes or holds a child without the knowledge or consent of another parent or guardian. Depending on the state and the legal status of the family members, this might not be a criminal offense. In 1976, parental kidnappings in the United States stoo ...
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Kidnapping In Canada
Kidnapping is a crime in Canada. Throughout its history, a number of incidents have taken place. Prevalence According to Canadian law enforcement agencies, about 50,492 missing children were reported to be missing in 2009.https://missingkids.ca/pdfs/MK_CanadianMissingChildrenStatistics_en.pdf From 2000-2001, of about 90 incidents reported, there were only two that were actually stranger abduction, and in all other cases, the reports were in error. However, parental child abduction Parental child abduction is the hiding, taking, or keeping hold of a child by a parent while defying the rights of the child's other parent or guardian. This abduction often occurs when the parents separate or begin divorce proceedings. One paren ... seems to be bigger issue. 83 out of 100 kidnapped children are found to be victim of parental abduction. In 2009, there were 237 reported parental abductions. Law Canadian law regards following instances to be a crime. Every person commits an offenc ...
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Child Abduction
Child abduction or child theft is the unauthorized removal of a Minor (law), minor (a child under the age of Age of majority, legal adulthood) from the Child custody, custody of the child's Parent, natural parents or Legal guardian, legally appointed guardians. The term ''child abduction'' includes two legal and social categories which differ by their perpetrating contexts: abduction by members of the child's family or abduction by strangers: * Parental child abduction is the unauthorized custody of a child by a family relative (usually one or both parents) without parental agreement and contrary to family law ruling, which may have removed the child from the care, access and contact of the other parent and family side. Occurring around parental Legal separation, separation or divorce, such parental or familial child abduction may include parental alienation, a form of child abuse seeking to disconnect a child from targeted parent and denigrated side of family. This is, by far, ...
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