International Child Abduction: Research On The Effects of Abduction and Reunification
International Child Abduction: Research On The Effects of Abduction and Reunification
International Child Abduction: Research On The Effects of Abduction and Reunification
Symposium Commemorating the Fifth Anniversary of Japan’s Entry into the 1980 Hague
Convention
Ito International Research Center, Japan
10 June 2019
THE EFFECTS OF CHILD ABDUCTION AND
REUNIFICATION - TODAY’S PRESENTATION
• Abduction is usually harmful – even when children are with their primary or joint
primary carer parents, they often suffer many significant and harmful effects from the
abduction. There are occasions when returning the child to the State of habitual
residence may also be harmful to the abducted child.
TODAY we will:
• examine some of the long-term effects of abduction as reported by the previously
abducted child who is now an adult and consider the effects, and the harms, which
they highlight both when they have been, and when they have not been, returned;
• contemplate the lack of after-care and support provided for those who have been
through an abduction event, i.e. the child(ren) and the families involved, as this is
closely linked to the issue of harm/effects experienced, including during reunification.
• keep in mind whether, and if so how, a child is heard during the Hague Convention
process, and whether a child is returned after expressing an objection to return in
accordance with article 13(2), as these events may also impact on the effects of the
abduction experienced by the child and family (although there will not be time to
discuss this in detail today).
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RESEARCH BACKGROUND
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EFFECTS ON CHILD FROM PERSPECTIVE OF
PARENTS
High percentage of interviewed parents thought that there had been effects on the children
from the abduction. These included:
• non physical symptoms like lack of faith in legal system and adults;
• tensions in familial relationships when living with non-abducted siblings and new
family members on return;
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EFFECTS ON CHILD FROM PERSPECTIVE OF PARENTS
CONTINUED
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EFFECTS ON CHILD FROM PERSPECTIVE OF PARENTS
CONTINUED
Lack of post-return support impacting the children identified by both left behind
and abducting parents
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EFFECTS ON CHILD FROM PERSPECTIVE OF
CHILDREN
• Time away ranged from 6 weeks to 14 months, and in one case never
returned.
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EFFECTS FROM PERSPECTIVE OF CHILDREN
CONTINUED
• Children yearned for an end to the ongoing proceedings.
• Children did not want to hear negative things about either parent or to feel
that they had to defend the other parent.
• Children did not feel they were taken seriously or that their views carried
much weight.
• The return of the child can be as upsetting and stressful as the original
abduction
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THE EFFECTS PROJECT – ADULTS ABDUCTED AS
CHILDREN
• Described effects as “lasting”.
• Problems at school
• Problems with violence and drinking – was a “functioning, miserable, non-diagnosed
depressive for many years”.
• Extreme confusion and guilt felt towards abducting parent.
• Feelings of shame and self-hate emanating from the abduction, and from being torn
and having to make decisions which destroy the lives of those you love.
• Problems of loneliness and self-harm, insecurity, “entirely attributable to the
abduction.. which destroys your life” .
• Importance of research – “someone wants to know what happened”.
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PARENTAL CHILD ABDUCTION: THE LONG-
TERM EFFECTS RESEARCH*
This was a small-scale qualitative study to find out about the lived experiences of those
who had been through an abduction many years earlier, and to learn whether, and how,
the participants felt that the abduction had affected their lives, and if those effects had
continued long-term.
Baroness Hale, President of the Supreme Court of the United Kingdom, said in the
Foreword to the report that: “[i]t is a study of the experience of people who were
abducted in childhood, some of whom were reunited with their left-behind families, often
after a considerable lapse of time, some of whom were not. They have some important
stories to tell, from which some important lessons can be learnt”.
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SAMPLE
• 34 adults participated in the study – 33 had been previously abducted as
children, and one was the non-abducted sibling of an abducted child
participating in the research.
• The sample of 34 interviews related to 30 separate incidents of abduction.
• Each participant was interviewed by me as Principal Investigator (PI) during the
period 2011–2012 with an opportunity provided to each participant to update
the PI by email in July 2014.
• The sample was recruited primarily in the USA and UK although initial
discussions with potential participants who did not eventually participate took
place in other countries including South Africa and Spain.
• The sample was acquired through personal and professional contacts working in
the field, word of mouth, media publicity, and via the assistance of Take Root, an
organisation for previously abducted children, funded by the U.S. Department of
Justice and located in Washington State
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SOME RESEARCH SNAPSHOTS
• Male, 46 years old, abducted by father at 7 years of age. Has found it very hard
to let people in. Makes him cry when thinks about the loneliness of not being
close to both parents.
• Female, 37 years old, abducted by mother at 8 years of age. Not good at
intimate relationships. Sometimes lonely, but safe not having to rely on anyone
else. Never felt like a child afterwards. Constant sense of insecurity. Finds it
hard to believe anything is going to carry on. “It was so dramatic, the idea of
not seeing one parent again”. Blocks things out. Self-harmed. Drugs. Worries
may be like her mother. Does not want children, in case it is true.
• Female, 42 years old, abducted by father at 4 years of age. Numb for much of
childhood, “just surviving”. Yearns to find security and peace. Affects
everything, parenting, relationships, career. Everything can so easily be taken
away. Relationships completely coloured by fear. Eating disorder, mental health
problems. Suicidally depressed.
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RESEARCH SNAPSHOTS CONTINUED
• Female, 30 years old, abducted by father at 4 years of age. Has trust and
rejection issues. Has no significant relationships with men as always
“pulling back”. Does not want relationship to break down or to be rejected.
Hates conflict and will not address issues. Believes “it is always going to
happen to me because it DID happen to me”. Never feels secure because
“anything CAN happen”.
• Male, 30 years old, abducted by father at 4 years of age. Does not like to talk
about past as makes him feel vulnerable. Cannot open up. Worries that is
similar to father and capable of doing similar things. Finds relationships with
older men extremely difficult.
• Female, 23 years old, abducted by father when 5 years old. Feels that
everything in her life is chaos. She lacks confidence. Has never been able to
talk about things so leaves things and hopes they will just go away. Never
feels safe or secure. Difficult to make friends. Self-harmed. Problems at
school as had to re-learn the language.
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RESEARCH SNAPSHOTS CONTINUED
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RESEARCH SNAPSHOTS CONTINUED
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RESEARCH SNAPSHOTS CONTINUED
• Female, aged 38 years of age, abducted by mother at 5 years of age. Mother
turned her against her father. Husband now doubling up as father she never
knew. Is in “a personal holocaust”. Missing the building blocks. Waiting to be
rescued even though with a parent. This information should not be hidden.
The legal system does not deal with it.
• Female, 45 years of age, abducted by mother at 4 years of age as “misguided
protection”. Big issues with security and feeling loved. The most important
people in your life could just go. There is a hole there, and when you grow
up, you can’t fill it. Support mechanisms stop as soon as child is found, but it
never stops for the child. You are violated in way that is not sexual.. there is
this way, too.
• Female, 35 years of age, abducted by father at 9 years of age. Abduction
made me feel like I was not good enough to anyone. Even though father
took her, feels that mother abandoned her because she was told that
mother had left her, and the subject has never really been dealt with since
between them. Abduction is not a victimless crime. Its so much worse
because someone who loves and protects you does this to you. How can
you recover from that? Abduction needs to be taken more seriously. 16
RESEARCH SNAPSHOTS - REUNIFICATION
• Female, 38 years old, abducted by father at three and a half years of age.
Returned by court to mother at 8 years of age. Describes this event as “the
kidnapping”. Did not know her mother any more. Did not recognise her. Took
about 3 months to realise this was permanent and was not going to be with
“her family” again. Mother thought she was getting her young child back
again. All the rules were different. At 14 she returned to live with father.
• Female, 57 years old, abducted by father at 5 years of age with 2 siblings.
Returned with one sibling by father to mother at 12 years of age. Did not
recognise mother. People were in your life, then out of your life. You just did
your best to get through it. You just lived in the moment. Things would
happen to me. I had to survive it. You had no control over anything. Became
weirder and weirder in my head. As an adult, scared – always scared. No
trust of people, or of myself. No adult has validated feelings, so cannot trust
herself. Reunification? Who are you being reunified with? People do not
understand the situation
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RESEARCH SNAPSHOTS – REUNIFICATION
CONTINUED
• Female, 46 years old, abducted by father at 6 years of age. Initially exciting
but started to miss mother. Father told her that mother did not love her, and
didn’t care about her otherwise she would find her. This became her reality.
Bond between mother and child erased. Six years later, mother found her.
Serious psychological problems in adulthood. “I need to become whole”. One
of the hardest things is to be acclimatised with the left behind family. The
child in the adult still wants to know where that parent was, and why she
was not protecting her. This is a lifelong thing. You play it out as an adult.
The story never ends.
• Female, 36 years of age, abducted by mother at 4 years of age without her
siblings. Identity changed. Returned to father at 12 years of age. Within 18
hours had a completely different life. Had to kill the new identity off in order
to be her original self. People didn’t understand me. I was a freak. Non-
abducted siblings felt abandoned by mother. As an adult, she struggles with
reality. Cuts things out of her life if she has no control over them. Does not
trust anybody. Fear and insecurity have never left her. Identity crisis. Serious
psychological issues as adult. Abduction is not just a domestic dispute.
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RESEARCH SNAPSHOTS – REUNIFICATION
CONTINUED
• Female, 34 years of age, abducted by mother at 8 months of age. Found at 10
years of age and returned to father. Banners on father’s home welcoming
home. “You know they need you to be happy too”, but she was not happy
on inside. Didn’t know what was wrong with her. When a child is found,
someone needs to mentor her. Need to know it is OK to love your new family.
Need empathy. Nobody asks the kids.
• Female, 37 years of age, abducted by father at 4 years of age. Returned to
mother by father 9 years later. “In another room full of strangers”. Went
back to father after some time. “Nobody can understand the pain”. Want to
be normal. Was not raised normal, and doesn’t know what that is. Has to
fight not to isolate. Does not feel worthy. Feels that neither parent thought
she was worthy enough to stay with her. Never feels secure. Feels that the
abduction makes her “too much” for most people. Cannot let her guard
down. There needs to be more awareness of abduction, and why it matters,
and why it is not OK.
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OBSERVATIONS
Repeated references to problems with:
• Numbness, and blocking out
• Self worth
• Personal identity
• Mental health issues
• Depression
• Suicidal tendencies
• Personal relationships
• Letting people in
• Intimacy
• Believing anything can last
• Insecurity
• Trust
• Fear of being like the person blamed for causing these effects
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ANALYSIS
For analytical purposes, the following classification system was used:
(a) “Very significant effects” are those where the interviewee reported:
(i) Attempting to see, seeing, or having seen a counsellor, therapist, psychologist,
psychiatrist or similar; or
(ii) being diagnosed with a condition like post-traumatic stress; or
(iii) having suffered a psychotic episode or breakdown; or
(iv) having been admitted to a hospital or other institution with mental health issues; or
(v) having suffered depression or attempted suicide.
(b) “Effects” are those which do not fall into the above classification, but where the
interviewee reported other discernible effects such as having problems with:
(i) trust in relationships; or
(ii) lack of self-worth; or
(iii) fear of abandonment; or
(iii) panic attacks.
(c) “No real effects” are where the interviewee reported having had:
(i) minimal; or
(ii) no effects from the abduction. 21
FINDINGS: A NOTE OF CAUTION
• Caution must be exercised in the use of the report’s qualitative findings as they result
from the interviewees’ personal perspectives both as to the cause of the effects
described, and the degree of impact of those effects on their lives, as well as the
author’s system of data classification. Additionally, the sample numbers are relatively
small and there was no opportunity for a control group in the project. It is not
suggested that these qualitative findings are generalisable. The focus of the research
is on understanding the effects of abduction on this sample of people as reported by
themselves. (see Calvert, S. on the ‘really significant data’ obtained from research with
small data sets where “the outcomes are reflective of the views of clinicians working
both with children currently involved in these processes and with adults seeking help as
adults”, Children’s Voices? Children’s Welfare, Parental Conflict and the Legal System,
AFCC Adelaide Workshop, August 2018)
• In line with the requirements of investigating long-term effects, abductions in this
sample occurred between 10 years and 50+ years ago. Outcomes/effects may be
different if surveyed at earlier points in time.
• Many (but not all) of the abductions occurred before the introduction of the 1980
Hague Convention. It is possible that this may have affected the outcomes for these
children in these cases.
• Reunification for the majority (68.76%) was more than 5 years after the abduction, with
more than one third of the reunifications (34.37%) occurring after 10 years.
Outcomes/effects may be different where reunification following an abduction
occurred sooner.
. 22
VERY SIGNIFICANT EFFECTS
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EFFECTS
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NO REAL EFFECTS
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KEY FINDINGS
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KEY FINDINGS CONTINUED
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KEY FINDINGS CONTINUED
3. Protective abductions
Do primary or joint primary carer abductions undertaken for protective reasons produce
different outcomes in terms of the effects on the child?
• In the three interviews where the interviewee described the abduction by the primary
carer or joint primary carer parent (two were mothers, and one was a father) as being,
or perhaps being, for protective reasons towards the child one of the interviewees
described having effects from the abduction, and the other two interviewees described
having very significant effects.
• In each of the three “child protection” abductions, the interviewees doubted the
reason for the abduction being protective, even if the abductor had thought that this
was the case.
• In the only interview where the interviewee described the abduction by the primary
carer mother as being to protect the mother from further abuse the interviewee did
not report suffering effects from the abduction. She completely accepted her mother’s
reason for the abduction and thought her mother had acted correctly.
Where the abducted child knows, or believes, that the abduction is for protective
reasons are the effects considerably lessened? No reliable conclusions can be drawn on
this matter from this small data set. However, as Baroness Hale identified in her foreword
to the report, this might be an area where more research is required.
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KEY FINDINGS CONTINUED
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CONCLUSIONS
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CONCLUSIONS CONTINUED
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RECOMMENDATIONS
Focus of the recommendations: The need to protect children from the harmful
effects of abduction
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RECOMMENDATIONS – HOW TO ACHIEVE THE
REQUIRED RESULT?
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PREVENTION RECOMMENDATIONS
• Most parents want to do the right thing for their children. Knowledge
and awareness about the legal and socio-legal aspects of child
abduction may affect the decisions which parents make about
abduction. A global awareness-raising campaign should be undertaken
- some parents still do not appreciate that you can abduct your own
child; some lawyers are still giving incorrect advice.
• Widely publicised establishment of body of abduction-specialist
mediators able to provide appropriate information about abduction and
its effects in family law cases to be available at reasonable cost if not
publicly funded.
• Registers of abduction-specialist mediators to be kept by Central
Authorities and should appear on the relevant websites.
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RECOMMENDATIONS CONTINUED
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MEDIATION POST ABDUCTION
Specialist mediation services to work with parents and children. This can help the parties
to find amicable solutions post abduction to avoid divisive court proceedings, but may also
make preparing for outcomes by the parents more child focussed and safer for the child
(The Honourable Justice Bennett, The Judges’ Newsletter, Volume XX11 Summer-Fall
2018, 21-22).
Since April 2018 a mediation scheme operates in England & Wales under which non
means, non merits tested, legal aid is available for mediation for applicant parents in cases
under the 1980 Hague Convention. Participation is voluntary and without prejudice to the
parties’ right to invite the court the determine the issue between them. Mediation will
not ground a defence of acquiescence. It operates in parallel with, but independent from,
the proceedings and will be completed within the applicable timescales. The resulting
memorandum of understanding will be drawn into a consent order for approval by the
court. If mediation is unsuccessful, the court will proceed to determine the issue.
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SUPPORT AND CARE RECOMMENDATIONS
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SUPPORT AND CARE RECOMMENDATIONS
CONTINUED
• Authority effecting return to put in place monitoring system under which feedback is
provided to the authority about the returned child for a defined period of time –
funding? Some modest form of follow-up would be better than the complete absence
currently available.
• Mentor to be provided where children are returned. Mentor to befriend child and
family and to assist in the reunification process. Mentor, where possible, to have
experienced child abduction personally. Register of mentors to be created and kept in
same way as mediators above. Register could be accessed by parties in informal return
arrangement as well as when court-ordered. Need for support similar in both cases.
• Abduction training programmes to be devised and offered to schools, local authorities,
police, judiciary, and mental health specialists. Information about effects of abduction
to be included.
• Further collaborative longitudinal funded research to be undertaken on outcomes for
abducted children
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FINAL THOUGHT
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Contact: [email protected];
[email protected]
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