Nordus Recover - Splatt Forum 3.2

Step 1:
Write down all the relevant facts - dates and crisp precise sentences - NO ambiguity. These should be mostly non-disputable on both sides. These first set of facts should not fill more than an A4 page and you must try and complete it in less than half an hour. If possible download the document NC75.pdf from http://www.sondur.com/NC75.pdf - read pages 18, 19 and 20 to get a quick overview of actions to perform.

Step 2:
Alert the border control authorities - immigration at the airport. If the abducting party hasn't yet left the shores of the country there might just be a sliver of chance that you might prevent it altogether. If you feel a tinge of guilt doing this to your spouse/ex-spouse then quickly banish that guilt. The abductor is a merciless, heartless individual and really cares two hoots about you.

Step 3:
If your child has been taken overseas and you don't know where to then
- Immediately get in touch with your local law enforcement agency and report the abduction. Remember to take your fact sheet with you (later I will try to provide a template for this)
- Contact as many relatives overseas where you suspect the child may have been taken to. Keep the communication open and remember - listen carefully to everything that is said. You may want to put them down on paper later.
- If you have access to the internet - make a quick visit to one of the many sites that will give you a quick insight into what this is all about - try www.reunite.org (UK), www.missingkids.com, www.sondur.com, www.hugurkids.com (Australia). At this point don't get stuck into the surfing mode. Spend no more than half an hour to get the essentials.
- By now you would have learnt something about Hague Convention on IPCA. Check if your country is a Contracting State. If yes, quickly establish communication with the Central Authority closest to you.

Step 4
Determine whether you want to engage a lawyer or let the CA interface directly with you. If you chose to engage a Lawyer ensure that the resource is knowledgable and has some experience in dealing with Hague Convention cases. Do your research on lawyers, talk to friends/relatives, orgnatizations dealing with IPCA to get a feel for which lawyers are good and those that are evil and incompetent. Find out what it costs to sustain a litigation. Of course no lawyer firm will give you a price band but push to get some ball park estimate of what it might cost. If your child has been taken to a non-convention country, your research will have to be on the legal system and lawyers in the country to which the child has been taken. This is considerably more difficult. In most instances, as it happens with non-convention countries, IPCA will be an alien concept to lawyers, judiciary and the media. Try to get the lawyer who has an open mind and is willing to spend time and energy to read and understand about IPCA. Find out what it will cost you!! In non-convention cases you will have to take into account, issues such as public policy, local culture and values, gender bias, racial bias, corruption, bad practices, incompetence, lack of legislated law, lack of willingness to send children back, etc., etc.

Step 5
Work out your finances. Be realistic. This thing could run into several hundreds of thousands of dollars in legal fees and other costs. If you want to strictly manage the costs, then be very careful in your negotiations, how much value time you spend with your lawyer etc. Don't rush to hire a 'so-called' reputed Senior Counsel. Often they are a dissapointment as they do not know this highly specialised area of law and ending up doing a hotch-potch job. If you are seeking opinions from SC's then be very meticulous about the questions to which you are seeking answers. Don't pay for lousy, low quality opinions - written only, no oral opinions.

Step 6
GET A CUSTODY DETERMINATION IN YOUR FAVOUR AT THE EARLIEST - Even if it is for a limited period
If you already have a custody determination then get additional 'certified' copies of the court order. It will strengthen the hands of the law enforcement agencies or CA or lawyers in their processes.

Step 7
Meet with your local prosecutor or lawyer to determine whether you should commence civil or criminal proceedings against the abducting party.


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