Abduction of children by mothers
is a common way of taking sole parental responsibility over children and it is happening all over the world including Sweden, which has a 50/50 child share custody right, but even in this country fathers have great trouble getting a joint custody. Here, too, there are problems of systemic discrimination of fathers in courtrooms and not only.
Below is a translation of an article from Sweden:
"The kidnappers of reality often win the custody dispute.
Kidnapping of children is just the tip of the iceberg, which consists of a gray scale where one parent in a more or less subtle way complicates contact with the other parent. It can be about littering, withholding information, manipulation, social sabotage or getting protected housing without further examination, the debaters write.
Debate The documentary "Saving a child" which was broadcast on SVT has exposed a serious system error in society's handling of difficult custody conflicts. Kidnapping a child in Sweden is an almost risk-free crime. And with tragic lifelong consequences for the child and the other parent, writes among others Sverker Sikström, Professor of Cognitive Psychology.
To kidnap a child is called in legal terms arbitrariness with children. Last year, 1,618 made such reports. In only 37 cases were prosecutions, 21 of which 4 were sentenced to prison. The others usually received suspended sentences, fines or probation. The prison sentences are usually for children who have been taken abroad. Removing children within Sweden, which is the most common, is in principle risk-free. No one knows how many children there are in each abduction case, but we can safely count on a total of a few thousand. Almost all perpetrators go free. The children, on the other hand, can take the beating.
A parent who kidnaps a child has a lot to gain from this, as the parent who has the child with them is usually the one who wins the custody dispute. Kidnapping of children is just the tip of the iceberg, which consists of a gray scale where one parent in a more or less subtle way complicates contact with the other parent. It can be about littering, withholding information, manipulation, social sabotage or getting sheltered housing without further examination. Something that today is largely accepted by the judiciary. Of course, those who harm their children should not see them, but here it turns out that decisions are often made without any control over what it looks like in reality.
The abduction of children is risk-free due to the application of current legislation. In 2014, the law on arbitrariness with children was tightened, but the effect has not materialized. This is because the Public Prosecutor's Office's application directives are written so that almost no cases are serious and do not fall under public prosecution.
Violates the Convention on the Rights of the Child
The consequence is that Sweden violates the Convention on the Rights of the Child. Separately separating a child from a parent is harmful to the child and a violation of the child's fundamental right to family life.
An underlying problem is that investigations into custody disputes are often substandard. The consequence is that children are separated from fully capable parents or forced to meet parents they should not meet.
The social administration is an overburdened actor who lacks the competence to handle conflicting information in difficult custody disputes. Therefore, the quality of the investigations must be improved by increasing the competence and clarifying the guidelines regarding custody investigations and child care investigations. The problem must be solved through evidence-based practice and by the social administration being given the conditions to help the parents solve the basic problems that caused the conflict. If trust in custody investigations is not restored, this leads to an obvious risk that parents will take the law into their own hands. Perhaps this is what makes so many people and organizations believe that it is not only one's right, but one's duty, to defy a valid judgment.
No signs of abuse
Elias in the documentary is defenseless in the parents' conflict. He has been subjected to a large number of investigations which have established that he is well, or that in any case there are no signs of abuse.
In our opinion, the documentary "Saving a child" exposes how easy it is for a parent to mislead authorities and organizations that in some cases take a stand early on for a party without source criticism. As several notable cases have illustrated, there are many vulnerable children who have not received the support from society that would have been needed. This is despite the fact that in these cases there were independent warning signals. In Elias' case, it seems that individuals, the profession and organizations have allowed themselves to be exploited.
For the benefit of the child and relatives, we therefore want politicians to take their responsibility and make the following changes to the law
· That the limitation of the rule of prosecution is abolished so that "arbitrariness with children" is subject to public prosecution
· That arbitrariness arises in the case of "separation" and not only in the case of "permanent separation".
. Decisions on sheltered housing or protected identity shall be based on a thorough investigation where the person who is considered to constitute the threat or risk is always given the opportunity to comment before the decision. Temporary protection can be provided so that the investigation can be initiated.
· If there is no need for protection for the child, contact with the separated parent must be established urgently, if the child is not deprived of liberty, so that continuity is not broken.
· If the guardian has been asked by the social services or the police to leave the home with the child, a preliminary investigation must be initiated without delay and the prosecutor assess the need for protection or any other reason for separation.
The biggest loser is the defenseless child. Society should not be a tool that complicates the child's situation. It is society's task to protect the child and give it access to its entire family and network.
Source:
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