Recovery Options
Hague
If your child has been abducted or retained from the United States, contact the U.S. Central Authority to make application to The Hague. The Application process is free. You are responsible for legal representation when the case comes before the court. Those intending to utilize The Hague process are encouraged to go to the State Department site and review the country's Compliance record.
Mediation
The UK is utilizing mediation in alternative dispute resolution. The Hague has been reviewing mediation as an approach to dispute resolution. This is still in its infancy.
Negotiation
Dabbagh & Associates utilizes negotiation as an alternative approach in conflict resolution. Unlike mediation, this negotiation process is intended for intractable conflicts. This is still in its infancy.
Criminal Pursuit
Making a criminal complaint for the purpose of obtaining a federal warrant has proven to be an effective means to have a child returned. Like the other options in return, specific circumstances may predispose the case to have a higher likelihood of success using this method-or not. Typcially, a federal warrant will not be issued if a Hague case is pending. The language of the Hague, as well as the International parental Kidnapping Crime Act, discourages the use of warrants until the Hague process has been exhausted.
Covert Recovery
It is not illegal to hire someone to snatch your child back. However, individuals may find that the act of taking their child (either themselves or through a hired agent) is illegal in the country they take the child from, regardless of any custody order that may exist in the USA.
This is an unregulated industry. There are no standards. Individuals and companies operate very differently. Concerns and practices involving such issues as ethics, confidentiality and legal ramifications vary. A parent often times does not know, even after extensive interviewing, the actual capabilities of a recovery agent.
The term, recovery agent, while generic, may include individuals that assist in the return of children through mediation, negotiation, bargaining, sting operations and outright strong arm raids.
Parents and recovery agents have been arrested and have been killed attempting recovery. Recovery efforts should be coordinated in such a way that:
1. No laws in the USA are broken. For example, using bogus passports is a federal felony.
2. No weapons are brought, used or intended to be used. That includes items such as tazors, rope, duct tape, hand cuffs, or any other item that is meant to detain, confine, or injure another person.
3. Do not involve illegal entering of a residence, or forced entry, or destruction of private property.
4. Professional accountability that includes contracts specifically detailing the service, cost, method of payment, itemization, confidentiality and other issues.
5, Places the child at risk, i.e. using "pirates" on open water recovery, High speed motor vehicle chases, or sedating a child.
This list could be extensive. These are representative of common methods of operation for some recovery agents. There are no professional qualifications or regulations for one to become a recovery agent. The type of approach a recovery agent uses is typcially reflective of their training, education and background. A negotiator should have the professional training, qualifications, and certification that a professional negotiator would possess. There are many types of negotiators. Some are trained to handle business/corporate disputes. Others may be trained to handle Hostage Crisis or political matters. They may or may not act as a neutral party.
A mediator acts as a neutral party. A Professional would be expected to have proof of successful completion of a recognized training program and certification to be allowed to work with courts in the USA. Those recoverying children through mediaton should be held to at least that minimum standard of qualification. Most States regulate mediation certification. Mediation requirements vary. Like negotiators, certifications can be granted for specific areas. Some states require that separate training and application be made for various areas of family mediation, i.e. Juvenille, Domestic Relations, Civil, etc.
If a recovery agent has police training and experience, they would be expected to understand the law. If a recovery agent has military training and experience, they most likely are going to employ military style tactics in their approach to recovery, treating it as an act of war.
Ultimately, the responsibility falls on the parent for the choices they make. Not only do they have a financial consideration to make, but most importantly, they have the welfare of their child to keep in mind. Children can be injured or terrified in a recovery process. Parents may be asked to take an active role, and participate in the recovery. Know and understand what the recovery agent expects of YOU. It is your responsibility if laws are violated in a foreign country. Even if you do not participate in the actual recovery of your child, you may be held legally accountable for your hired agent's actions.
Conclusion
Determining the best method or combination of methods of recovery in an individual case may require the assistance of a professional. For professional consults on this and other issues, contact Dabbagh & Associates.
Dabbagh and Associates
Email: Maureendabbagh@aol.com