On the 17th
March 2016, the Philippines announced their accession to the Hague Convention
of 25 October 1980 on the Civil Aspects of International Child Abduction. As of
March 2016, 94 states are party to the convention.
The Hague Convention
on the Civil Aspects of International Child Abduction’s mission is to protect
the world’s most vulnerable citizens, its children, from the harmful effects of
international parental child abduction, by securing the prompt return of a
child who has been abducted from or retained outside their country of habitual
residence, in violation of custodial rights. The reality though is not so
straight forward and the return rate of abducted children around the world
using the convention is alarmingly very low. Many factors contribute to this dismal
return rate including but not limited to corruption, loop-holes in the
convention, lack of knowledge by judicial systems, and abductors ignoring
rulings.
In the last four
years, Singapore, Morocco, Trinidad and Tobago and South Korea joined the
convention. Japan the infamous ‘black’ hole of Parental Child Abduction became
a treaty partner in February 2014 but still struggles to comply with the
convention leaving hundreds of foreign parents still victims to the Japanese and
their one sided failed family court system.
It is no longer
unusual to know an aunt, neighbour, friend, colleague, uncle, sister, or cousin
who has had a child abducted to a foreign country. If you do know someone, our
next question may be difficult. Did that child ever return from the
Philippines? The reality is that since the Philippines is not a party to the
Convention, it is not uncommon for abduction cases to remain unresolved for
years, resulting in an often prolonged and painful separation between children
and their parents. And vice-versa for Philippine citizen parents who currently
have limited remedies to seek the return of their children from abroad; this is
why joining the Convention now is of the utmost importance.
But will the
Philippines be another Hague Convention signatory country that is just signing
to please the international community? Will the Philippines be another Japan,
Poland, Peru, Brazil, Mexico, Denmark, Ukraine……and many other signatories that
do not adhere to the Hague Convention on the Civil Aspects of International
Child Abductions? Time will only tell but from CARI’s experience working in
this field for almost 17 years, we highly doubt the Philippines will comply and
return abducted and retained foreign children back home. As it stands the
Philippines has a shocking return rate in fact CARI has not heard of one child
being returned legally through the courts.
Even powerful
authorities such as the FBI are powerless to intervene on foreign soil and with
the Philippines having no extradition agreements with most countries there is
nothing left-behind parents can do even if their home countries or Interpol issues
arrest warrants. It’s just another useless piece of paper and one that
abducting parents often laugh at. Something CARI has noticed working in the Philippines
often is the lack of protection of rights and well-being of abducted children.
The Philippines government really needs to help protect abducted children but
when a government can’t look after the well-being of their own children; foreign
abducted children will be treated no differently.
Child sexual
exploitation thrives in the Philippines with young children on offer for sex by
gangs and pimps all over the country and usually in your face for all to see. This
is also extremely concerning for the left behind parent as CARI has seen 2
cases we have dealt with where the abducted child being offered or about to be
sold off due to severe poverty by the abducting parent and their families.
Corruption thrives in
every department including the judicial system in the Philippines and many lawyers
are the biggest thieves. DO NOT contact any Mr or Mrs Lawyer in the
Philippines. Make sure you deal with an experienced lawyer who has dealt with
other IPCA cases. You get the wrong lawyer and you’ll be paying more money and
waste more time then hiring an experience more expensive lawyer.
The Philippines have
many unsolved and on-going Parental Abduction cases some ongoing for over 10
years with no sight of a result.
As it stands the
future for abducted children taken to the Philippines will be a massive battle with
no hope of help to return to their habitual residence. We hope the Philippines
government, system, courts and judges prove us wrong but the reality is……..they
will not!
If you have had your
children abducted to the Philippines please contact CARI for advice and
assistance.
Disclaimer: Any information contained in
this post is provided for general information only and based on CARI’S 16 year
experience. Independent legal advice should be sought in for specific
information relating to individual cases.
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