International Parental Abduction Expert: Patrick Braden Joins Get Your Justice Live
International Parental Abduction Expert, Patrick Braden, joins Get Your Justice Live to discuss what every parent needs to know if they believe their child is at-risk of being taken out of the United States by a parental abductor. Patrick Braden discusses the ins-and-outs of navigating the various agencies and organizations and continues to link parents to resources. He has put together a team of parents and citizens to advocate for the safe return of children everywhere, including his own daughter. Listen to the episode to gain the knowledge to help bring your children home and how you can help others. Listen first, contact Patrick second!
EPISODE278 - International Parental Abduction Expert: Patrick Braden [1:25:17m]: Play Now | Play in PopupOn March 16th 2006, in violation of US court orders and laws, Ryoko covertly boarded a flight on ANA (a Japanese flagship carrier) and illegally kidnapped Melissa to Japan.
Patrick Braden has set aside his personal career for the last 3 years to work in Washington DC on the issue of International Child Abduction with a specific focus on Japan and their defiant disregard of International Children’s rights, US laws, international treaties and other related issues.
On March 11th 2009, after 2 years of work on Capitol Hill,and partly with the support from the recent high level publicity regarding the Sean Goldman case, House Resolution 125 was passed with a unanimous roll call vote in the US House of Representatives. This Resolution will benefit thousands of children and their left behind parents, affected by the plight of International Child Abduction.
The only way that Patrick can parent his child at this point is to continue his work to bring her home. Japan has refused to sign onto the Hague Convention Treaty and has never returned a single abducted child back to the United States.
You can find the “Help Bring Melissa Braden Home” group page on Facebook and connect with other parents that have been victims of International and Domestic Parental Abductions. This episode is an eye-opening compilation of what to expect, what you should do, and how to effectively advocate with the various organizations/agencies for the safe return of your children.
Some Interesting Statistics as Reported in House Resolution 125 (March 11th, 2009)
According to the Department of State, there are 51 cases involving 65 children who were habitual residents of the United States and who were removed to Brazil by a parent and have not been returned to the United States as required under the Hague Convention.
According to the Department of State’s April 2008 Report on Compliance with the Hague Convention on the Civil Aspects of International Child Abduction, `parental child abduction jeopardizes the child and has substantial long-term consequences for both the child and the left-behind parent’.
The Department of State’s Office of Children’s Issues, while not always notified of international child abductions, is currently handling approximately 1,900 open cases of parental abduction to other countries involving more than 2,800 children abducted from the United States.
According to the Department of State, in fiscal year 2008, the United States Central Authority counted 306 cases of parental abductions involving 455 children taken from the United States to other countries that are not partners with the United States under the Hague Convention, currently including 101 children in Japan, 67 children in India, and 37 children in Russia.
Three-year-old Melissa Braden is among the children who have been wrongfully abducted to Japan, a United States ally which does not recognize intra-familial child abduction as a crime, and though its family laws do not discriminate by nationality, Japanese courts give no recognition to the parental rights of the non-Japanese parent, fail to enforce United States court orders relating to child custody or visitation, and place no effective obligation on the Japanese parent to allow parental visits for their child.
Melissa was taken from Los Angeles, California to Japan on March 16, 2006, when she was 11-months-old, despite a California court’s prior order forbidding Melissa’s removal to Japan and granting joint custody to her father Patrick Braden.
Despite his extensive efforts, Mr. Braden and his daughter have not seen each other since her abduction.
According to the Department of State, abducted children are at risk of serious emotional and psychological problems and have been found to experience anxiety, eating problems, nightmares, mood swings, sleep disturbances, aggressive behavior, resentment, guilt and fearfulness, and as adults may struggle with identity issues, their own personal relationships and parenting.
Left-behind parents may encounter substantial psychological, emotional, and financial problems and many may not have the financial resources to pursue civil or criminal remedies for the return of their children in foreign courts or political systems.
About the Hague Convention as applicable to Child Custody and Jurisdiction involving minors
The Hague Convention of 1996 is the third of the modern Hague Conventions . Its full title is Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children. It is much broader in scope than the first two conventions, covering a wide range of civil measures of protection concerning children, from orders concerning parental responsibility and contact to public measures of protection or care, and from matters of representation to the protection of children’s property.
The third of the modern Hague Conventions, the Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children, is much broader in scope than the first two, covering as it does a very wide range of civil measures of protection concerning children, from orders concerning parental responsibility and contact to public measures of protection or care, and from matters of representation to the protection of children’s property. It also covers:
- Parental disputes over custody and contact
- Reinforcement of the 1980 Child Abduction Convention
- Unaccompanied minors
- Cross-frontier placements of children
The evidence in court records confirms a conspiracy to deny the me as a father the right to access to a civil jury trial and an impartial court to challenge malfeasance of obstruction of my parental rights and challenge retaliation by the government.
This is a “legal” issue which Congress must investigate and review the malfeasance of the Judicial and Executive Branch by their abuse of delegated authority of Congress under the Rules Enabling Act, 28 U.S.C. § 2072(b); the Judicial Conference of the United States Act, 28 U.S.C. § 331; and the Judiciary Act of 1925 at 43 Stat. 936 (providing for “discretionary appellate jurisdiction”). In reconsidering these delegations Congress must recall the sorry acts of German judges, lawyers, and law schools permitting the usurping of Constitutional rights under the Weimar Republic aiding the NAZI to power, because, “[b]y the time the gas vans came and the human slaughter factories were built in Auschwitz and the other death camps, the murder of the six million Jews and other persecuted minorities was done completely within the framework of German law.” Yad Vshem, The Holocaust Martyrs’ and Heroes Remembrance Authority, 2004.
Thus, it is obvious that our Republic cannot survive the unbridled tyranny and cronyism of government attorneys and judges, and then surreally place themselves above and beyond the law by unilaterally declaring themselves absolutely immune from suit under the Federal Tort Claims Act and/or civil RICO. See, Isidoro Rodriguez, Esq. v. Editor-in-Chief, Legal Times, et al., DC Dist Ct. No 07-cv-0975 (Friedman, J.); DC Ct. Of App. No. 07-5234; cert denied Docket No. 08-411. See also denial of Mandamus pursuant to 18 U.S.C. §§ 4 and 3771, USSCT Docket No 08-339 (http://home.earthlink.net/~isidoror).
Query, if I with more than 35 years of federal trail/appellate civil litigation experience can be targeted for punishment by the government/courts for petitioning Congress and litigating to exercise my federal statutory rights as a father and federal litigator–what is either layman father or an inexperience attorney to do to protect their rights against acts of malfeasance and cronyism of government attorneys and judges?
Consequently, I respectfully request that in addition to investigating the denial of access to an impartial court that law enforcement in Virginia and the District of Columbia comply with their legal obligation under 18 U.S.C. §§ 4 and 3771, to protect me as a victim an interstate criminal conspiracy (See, Exhibit 1, and http://home.earthlink.net/~malfeasance)(See pending petition for certiorari on the issue of malfeasance by the courts and government attorneys, Isidoro Rodriguez, Esq. v. U.S. Ct. of App. for the D. C. Circuit, Docket No. 09-237.
I am suffering so such like Patrick Braden is over this injustice. I have written my Congressman and Senator about my case however, it is discouraging to know so little has ever been done to get abducted kids back from Japan. I fear my kids will suffer from emotional problems over their mothers decision to abduct our kids. My kids American Constitutional rights have been taken away from them but most importantly their father has been taken away from them.
–Douglass Berg another suffering father.
Dear Patrick,
Iam a U.S. Citizen since age 3. My parents live here in America. My wife is from India and became a U.S. Citizen this year via me. Iam in a custody battle and she has close to $52,000 in money she can’t account for. She has close to $100,000 in jewels. I don’t want the U.S. court system to allow her to get custody. Iam scared that she has no ties in America and she can run. I need help in getting advice to prevent her from taking off with my daughter. Please anyone out there that can talk to me I would be grateful. My email si suryatiles@hotmail.com and my phone number is 513-293-0445. I don’t want to end up like so many Americans who loose their children. I know that my family’s connections in both American government or the India government will not do any good once my little girl is taken out of the U.S. I have given overwhelming evidence Iam a good father including eyewitness testimony and letter from the community. No one is listening. Iam a very strong person but everytime I hear my daughter say why can’t she just be with me brings me to tears. Please someone email or call me. I don’t know what to do.
Kind Regards,
Rao
Michael McCarty’s Son, Liam, was kidnapped by his ex-wife and taken to Rome, Italy over 2 years ago. At the time, Michael had full custody. His wife proceeded to take Liam to over 30 doctors trying to prove that Michael had emotionally and physically abused Liam, the same accusations she accused him of when they were going through their divorce. The courts realized that his Ex- Wife, Manuella Antonelli, was mentally ill with Munchausen-by-Proxy, was a danger to Liam, and removed him from her care. For 6 months he was placed in an orphanage, instead of being returned to Michael, his legal guardian and loving father. In Aug. of 09, the Italian Orphanage went on Summer Break, and the children placed in temporary foster homes. Strangely enough, Liam was placed with his Grandparents, where Manuella had constant contact with him, Instead of being returned to the Orphanage. Michael’s visits to see Liam have been futile due to this “sudden shift” in thinking by Social Services. The last visit resulted in the Mother and Grandmother encouraging Liam to yell at his Father and call him a bad person.
Manuella is still wanted by Interpol and the FBI for international kidnapping.
Liam continues to be brainwashed and manipulated by his Mother and her family, as it now appears that Manuella once again has him in her custody, although officially he is still in the Orphanage. The corruption, bribes and lies in this case is tremendous, so are the legal fees. (over 150,000) It is necessary for Michael to retain lawyers both in the US and in Italy. The Media has been very supportive, with ABC’s Chris Cuomo and Fox and Friend’s Alison Camerota running lengthy segments on Michael’s intense battle to get his son back. But it’s still not enough to being Liam home. Please log on to http://www.saveliam.org and on Facebook – SaveLiamMcCarty to read more about this terrible situation, make a donation if you can, and / or call/write your senator, and Secretary of State Hilary Clinton.
Dear Patrick,
Thanks for the education. And thank you for your tireless efforts on behalf of our children. While my child was not abducted from the United States to Japan, she is an American citizen who has been deprived of access to her father in Japan. My case is what is commonly termed a “denial of access case,” both with respect to me and my daughter, Lili. The Japanese courts, as is invariably the case here, ruled in favor of my ex-wife and awarded her exclusive custody of Lili folloowiung a protracted divorce proceeding. And with no provision for visitation under Japanese statute, and no enforcement mechanisms in place even if visitation were possible, Lili has effectively been kidnapped like Melissa, albeit “legally.” My separation from my ex took place when Lili was four years old, and I had contact with her for another year and a half during the divorce proceedings, so we had developed a close and loving relationship with each other, making the separation extraordinarily painful. As I’m sure you know, there are plenty of other American parents residing in Japan who have lost all contact with their kids through the callousness of the Japanese family law system. I wish you every success in persuading our legislators to do something about the injustice being wrought upon our children, specifically with respect to passage of H.R. 3240.
Thank you for all your good work.
Tony
My 5 year old son Andrew John THOMPSON was abducted from Australia in April 2008 by his non-custodial mother Melinda Margaret THOMPSON (aka STRATTON).
The abduction took place within days of a court-ordered psychiatric report found Melinda to be emotionally unstable.
Andrew & his mother are both Australian Citizens who have no other form of citizenship.
Although they flew to Europe (Germany) they immediately disappeared without trace. I’ve since learned Andrew’s mother was advised to leave Germany because it is a signatory to the Hague Convention – albeit not a very compliant signatory – & go to Japan.
I have no idea whether or not she followed this advice.
Although Interpol notices have been issued for Melinda, and an arrest warrant has been issued for her, the Japanese authorities have so far refused to provide any information to the Australian authorities about whether or not Melinda has entered Japan. This is despite the fact that the request has been made on the grounds of the possibility of Australia seeking her extradition & was not made under the provisions of the Hague Convention.
So far, the Australian authorities have not placed any pressure on the Japanese authorities to provide this information. Japan is one of Australia’s main trading partners & the level of Japanese investment in Australia is very high.
It seems the Japanese have no interest in International Human Rights; the emotional or physical well-being of children (or adults); international agreements of any kind (other than trade agreements), or the legal systems of other countries no matter whether these laws relate to the abduction of children across international borders or to criminal acts in general.
It also seems our own governments are more concerned about their trade agreements with Japan than they are about the human rights of their own citizens.
This must change!
I have recently formed a group called Coalition of Parents of Abducted Children (COPAC). Its purpose is to raise awareness about IPCA; provide support & information to left behind parents, and lobby governments on a range of IPCA issues. It has only been established on Facebook at this stage but I am planning to develop it further.
If anyone would like to contact me, my email address is kenthompson@fastmail.fm
Ken Thompson
Sydney, Australia
http://www.findandrew.com