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international child abduction : ウィキペディア英語版
international child abduction

The term international child abduction is generally synonymous with international ''parental kidnapping,'' ''child snatching'', and ''child stealing.'' However, the more precise legal usage of ''international child abduction'' originates in private international law and refers to the illegal removal of children from their home by an acquaintance or family member to a foreign country. In this context, "illegal" is normally taken to mean "in breach of custodial rights" and "home" is defined as the child's habitual residence. As implied by the "breach of custodial rights," the phenomenon of international child abduction generally involves an illegal removal that creates a jurisdictional conflict of laws whereby multiple authorities and jurisdictions could conceivably arrive at seemingly reasonable and conflicting custodial decisions with geographically limited application. Such a result often strongly affects a child's access and connection to half their family and may causes the loss of their former language, culture, name and nationality, it violates numerous children's rights, and can cause severe psychological and emotional trauma to the child and family left behind.
There is a common misconception that because the abductor in these cases is usually not a stranger the children are not in danger. The harmful consequences for children and families have been shown in several studies and child abduction has been characterized as a form of parental alienation and child abuse.〔(Parental Child Abduction is Child Abuse ). Nancy Faulkner, Ph.D. Presented to the United Nations Convention on Child Rights in Special Session, June 9, 1999〕 Adding international dimensions to the detrimental effects of child abduction significantly increases the detrimental effects on children and families. The modern day ease of international travel and corollary increase in international marriages is leading to a rapid rise in the number of international child abductions.〔
This only applies to children before they turns 18 years old. This does not apply to children after they turn 18 and are legal an adult, then a custody order does not apply and they can decide where to live.
In De jure is an expression that means "of right, by right, according to law, the left behind parent is legally the victim if the child is not returned before there 18 birthday, and does not want to return and maintain contact with the left behind parent.
== Origin of the term ==
What is today called "parental kidnapping," "international child abduction,", "parental child abduction" and "parental child trafficking" has existed as long as different legal jurisdictions and international borders have—though often under different names. None of these names achieved the modern day broad acceptance of terms like international child abduction. Lacking a common set of terminology or specifically designed laws to address the, at the time, poorly defined problem, researchers on the history of cross-border child abduction must search for terms like "custodial interference," "contempt of child custody orders," "legal kidnapping" or, in cases where children were viewed more as property than as individual subjects of rights, name variations on theft, child-maintenance debt and smuggling, among others.
Lawmakers struggled to typify and discuss international child abduction and discussions at the Hague Conference on Private International Law noted that, what some were referring to with variations on "legal kidnapping," was an oxymoron since that which is legal cannot be kidnapping and that which is kidnapping cannot be legal. The response to these concerns was the coining of the term "international child abduction." The terms first prominent use was in the title of the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The term is not, however, used anywhere in the actual text of the convention itself in preference of the more technical terms "wrongful removal" or "wrongful retention" which were better suited for describing the mechanics of the Convention's system. The use of the term is now widespread in international law.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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