10 July, 2011
Q: Does anyone out there know what the process or procedures are in the case of International Parental Child Abduction as it relates to Trinidad and who is the best lawyer or law firm to handle such cases? I would like to understand the steps involved in addressing a case like this in Trinidad where the left behind parent resides. What should be the parent’s first steps and so on? This case is also one where the both countries are signatories to the Hague convention but the convention is not enforced between them. Any assistance will be appreciated.
A. Although I do not have statistics for Trinidad and Tobago, it seems that the problem of International Parental Child Abduction is growing worldwide. The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty which attempts to address the resolution of the growing number of cases worldwide.
As you noted, our country is a signatory. Trinidad and Tobago’s International Child Abduction Act [No. 8 of 2008] was passed in the Senate in June 2008 and received proclamation from the President on the 15th October. In so doing, the Hague Convention was implemented within Trinidad and Tobago, bringing the Convention’s provisions into the domestic laws of our country. You did not disclose which signatory country your child was abducted into but in 2008 it was noted that our legislation faced a number of challenges, as the UK and the USA were yet to accept Trinidad and Tobago as a member country. I do not know if that situation has been resolved. If it has, then this is clearly a case where the Hague Convention’s provisions can be applied since a non-custodial parent has removed a child who was a habitual resident of a contracting State [Trinidad and Tobago] to another contracting State.
The Hague Convention is included in the Schedule after our Act and you can consult them both here. From reading the treaty, our government should have designated a Central Authority to discharge the duties imposed by the Convention and I am assuming that our Central Authority for receiving and forwarding complaints is the Civil Child Abduction Authority [Description starts at 12:08 Section 6 (1). It is this Central Authority that has the responsibility to forward your complaint to the Central Authority of the signatory country to which your child has been abducted. If your child has been abducted to the USA, the Central Authority there is the National Center for Missing and Exploited Children International Division (NCMEC). Our Central Authority here in Trinidad and Tobago bears the responsibility for communicating with that one or the relevant body for the country to which your child was taken.
You need to initiate a civil action and bear in mind the following:
-This convention applies only to children below the age of 16.
-Your complaint should be filed within one year of the abduction.
-The Convention should have been in force between the two countries before your child was abducted, and
-Your child would have been habitually resident in Trinidad and Tobago before he/she was removed to or retained in another country party to the Convention, and in breach of the left-behind parent's custody rights.
Some interesting features of this convention is that they will not apply vague "best interests of the child" arguments unless it is proven that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation. The assumption is that the habitual residence is the best place for the child unless your child is judged to be mature enough to make a firm choice about where he or she wants to stay and then decides that he or she does not want to return.
I would contact the Children's Authority of Trinidad and Tobago as soon as possible to seek guidance. If you need legal counsel, I am sure that they can refer you to the best practitioners in that area.
Children's Authority of Trinidad and Tobago
Head Office: 35A Wrightson Road, Port of Spain
Telephone: 627-0748. 624-6316
E-mail: info@ttchildren.org
See other articles on international parental child abduction on this site.
2 June, 2011
Q: How long does it take to obtain dna test results from Forensic Science Centre, T&T?
A: I have no idea but I am thinking that it would be influenced by the complexity of the test and whether or not the samples are being tested here or abroad. Those factors will introduce additional delays. The mother of missing person, Anita Ramsaran, immediately comes to mind. The results of the DNA tests on the remains of the burnt body found in the canefield are what will decide whether or not her daughter has been found. [See this article and this which discuss the difficulties encountered when conducting DNA testing of burnt remains] Those samples from the body and from her relatives were collected in the latter part of March 2011 and to this date, June 2, 2011, I have seen no reports stating that the results have been returned.
Perhaps you can call the Trinidad and Tobago Forensic Science Center to get the most accurate information about the testing processes and durations. The centre is located at:
Barbados Road,
Federation Park, Port of Spain
Telephone: 622-1011
Fax number: 622-5443
2 May, 2011
Q: Penalty for faking kidnapping?
A: If nothing more serious has resulted from the hoax, the perpetrator is most likely to be charged with wasting police time. I believe that the maximum sentence for the offence is a fine of $1,000 and a six-month prison term. See some of the cases which resulted in charges of wasting police time.
9 August, 2010
Q: Who is the Assistant Commissioner of Police?
A: Mr. Fitzroy Fredericks is the current Assistant Commissioner of Police.
17 May, 2010
Q: What update is there on Paul Edwards?
A: This listing is everything that I’ve collected on Lisa Spence’s disappearance and the events which followed. I think you know that Paul Edwards was arrested and that on April 14, 2010, he was charged with first-degree murder and was denied bond on the following day. I haven’t found any news articles since which provide updates on the status of his case. Have a look at the list if you have not already done so. I intend to include new items when they do appear so visit every now and then to check the listing.
6 April, 2010
Q: Where are the offices of the MPA? Is there a phone number?
A: Here is the entry which I have on the Missing Persons Association. I have not seen any details about an office but there are two contact numbers which you may call.
Organisation: Missing Persons Association [MPA]
Chair: Nathifa Mitchell
Founded:
Description: 24 hour action group founded by Nathifa Mitchell and others. The group aims to help the families and loved ones of missing persons cope with the trauma and possibly bring an end to what was going on in the country by developing a sense of amity.
Contacts: 24 hour hotline (868)730-3261 or (868)719-4983.
31 December 2009
Q: picture of allan martin mastermind behind
A: You are searching for a photo of Allan Martin, who was alleged to be the mastermind in the abduction and murder of Vindra Naipaul-Coolman? Many visitors search this site for photos of the persons who are suspected of or have been accused and convicted of abductions. Up to this time I have provided only photos of the victims on this site, deliberately leaving the photos of suspects and convicted persons at the sources of the texts. The newspapers remain the best resource for finding those photos.
31 December 2009
Q: Why was Rishi Rampersad killed?
A: As far as I know from the published sources, there are no theories that have been revealed to the public about the possible motives behind the brutal murder of Rishi Rampersad. The investigation is ongoing and I imagine that the police will pursue every lead in their efforts to solve this case.
01 December 2009
Q: What is “up for status” legal term?
A: You probably saw these words highlighted in search results and often they are part of a larger sentence referring to an individual or individuals being locked up for status offences. The Wikipedia entry for “status offence” is “A status offense is an action that is prohibited only to a certain class of people.“
Status offences for those of “underaged” status may include consumption of alcohol, tobacco smoking, truancy, and running away from home. These acts may be illegal for persons under a certain age (that is, persons whose status is “underaged”), while remaining legal for all others, which makes them status offences. The restrictions in this example apply only to the underaged class while they are underaged. When their status changes to above the legal age, then they can no longer be charged with the status offence of smoking, for example.
01 December 2009
Q: What is the verdict in Phillip Boodram case?
A: According to the article, “Five for retrial in 2010” by Onika James, the retrial of Phillip “The Boss” Boodram, and four others, has been set for January, 2010. Along with Kervin Williams, Mario Aaron Grappie, Ricky Singh and Roger Mootoo, he was accused with the 2005 murder of San Juan businesswoman, Samdaye Rampersad.
These five men, were part of a group of nine who had been charged with Samdaye Rampersad’s death. The verdicts were mixed. Three were found guilty of manslaughter on July 31 2009, one was freed, and the remaining five will face a re-trial in January 2010. Phillip Boodram, who was represented by Pamela Elder SC, will now be defended by Prakash Ramadhar.
24 November 2009
Q: Are white women kidnapped in Trinidad?
A: Yes, they are. How many over the years, I cannot say with any certainty since I assume that some abductions are not made public and among those, there may be even cases that were not reported to the police but were handled by private agents. Because they belong to a demographic minority, this is reflected in the smaller number of abductions of their kind. I do not categorise victims of abductions by their “race” on this blog but there are those who have focussed on the relationships between ethnicity, abductions and the response to abductions in Trinidad and Tobago.
22 November 2009
Q: How do you find a list of deportees in Trinidad?
A: I doubt that this information is freely available to members of the public in Trinidad and Tobago. However you can establish whether this is so by contacting the Ministry of National Security which I imagine is the main body involved in the process of receiving deportees.
20 November 2009
Q: Do deportees reside in Gasparillo?
A: While a registry of deportees and their current locations probably exists, I doubt that it is freely available to members of the public in Trinidad and Tobago. Bear in mind that returned citizens are entitled to privacy like any other citizen and we should not make any assumptions about the events which led to their deportations. If you wish to have this information so that you can work together with others who provide assistance with resettlement and reintegration into our society, then the organisations to contact would be:
Displaced Nationals in Crisis Coalition (DNICC) — A local support group for deportees headed by CEO Trinidadian, Marlene Jaggernauth. Incidentally Ms Jaggernauth herself has been experiencing difficulty accessing empirical data on deportees from various government ministries via the FOIA channel.
Tel: 622-9377, 747-3938
E-mail: catamijo@tstt.net.tt
Social Displacement Unit of the Ministry of Social Development – Engages in a number of activities to provide intervention to the Socially Displaced population. Their most recent programme is the provision of Reception Services for Deportees upon arrival at Piarco International Airport.
Tel: 624-6567 Ext. 1242-1249
E-mail: SDU@hotmail.com
Citizens for a Better Trinidad and Tobago (CBTT)
Mailing address: CBTT, 34 Dumfries Road, La Romaine,Trinidad, W.I.
19 November 2009
Q: hot kidnapped women with high heel on an
A: Wrong blog! Your right to explore your fantasies aside, keep in mind the costs in terms of human suffering that can be incurred when other human beings are sometimes drafted against their will into making such fantasies a reality. Those “hot kidnapped women with high heel” may well be frightened abductees very far away from their homes and loved ones.
Q: wasting police time offence
A: Wasting police time, according to the Wikipedia entry, is listed as a criminal offence in many Commonwealth countries. For Trinidad and Tobago, it is covered under Section 6, subsection 2 of the Criminal Law Act, Chapter 10:04 of the Laws of Trinidad and Tobago:
6. (2) Where a person causes any wasteful employment of the police by knowingly making to any person a false report tending to show that an offence has been committed, or to give rise to apprehension for the safety of any persons or property, or tending to show that he has information material to any police inquiry, he is liable on summary conviction to a fine of one thousand dollars and to imprisonment for six months.
8 comments
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April 6, 2010 at 3:05 pm
Richard Cattermole
Where are the offices of the MPA?
Is there a phone number?
January 20, 2011 at 11:46 pm
Christine Francis
I am the aunt of Leah Lammy who went missing on 10/2/2009. I am trying desperately to find out what stage the case against the accused Salis Mack has reached. It will be two years since Leah went missing and nothing has been forthcoming on her case. Words cannot describe how I feel inside every time I think about my niece, it is as though my body has been blown up into tiny pieces, it seems like no one cares anymore. Who is Leah? I watch how this situation has turned my once active, full of life sister, into a zombie, hiding behind a heart full of pain and disappointment, watching her go through life day after day, not knowing what has become of your only daughter is a little too much for me to bear. Whilst the accused sits in jail and smiles and wait for his chance to get off on some technicality. And the police who fail Leah from the start because of their tardy and lack of compassion to anybody other than members of their family. Can u ever imagine an officer watching you in your face and asking did they find the remains of the child yet? as though my niece is some animal! A family has been devastated by the loss of a loved one, but what hurts the most is that you cannot seem to get closure, the officers on the case rather to tell lies about new leads every time Leah’s name is on the newspaper, but they could never disclose to the mother what new leads they are working on. I hope this new commissioner will do a lot better than the previous one did, because is only those in the kitchen that feels the heat. I miss my niece, believe me when I say I cry ever day as god makes the day, I cry because I am frustrated with the system, I cry because I want closure, I cry because of man lack of humanity, I cry because I see what this has done to my sister and by extension the whole family, and I cry because I do not believe enough is being done or was done to find Leah. But I thank you for having her picture on your website and for the opportunity to post this comment.
January 22, 2011 at 10:57 pm
triniwarao
Dear Christine,
I want to thank you for sharing with us this message from your heart, I don’t think that any voice can communicate as sincerely and effectively the impact of crime as the voice of the one who has and continues to suffer the immediate effects of crime. I say immediate effects to acknowledge the other effects being experienced by many other parents and their children who because of Leah’s disappearance have had to make the sad choice to live more like prisoners than free people in their own homes and communities.
Your description of the frustration that you feel with how Leah’s case is being handled is too disturbing and when I think that this despair and rage can be multiplied by the thousands of citizens who have experienced similar betrayals, it just breaks my heart. You are very right. We have not heard anything recently about her accused or the case against him since that last mention in the newspapers of February 2010 in connection with a new lead. Your niece, Leah was mentioned most recently on 20 November 2010 when that Silent March took place in Port of Spain.
Leah is not an animal and she is not forgotten and certainly not by all your countrymen who care. I am sure that there are very few citizens who would not be able to identify her by sight. This is the impact that this photograph of her beautiful face has had on us all. You would have seen that it is included with the entry about her disappearance but it is also here at this post where the words of Roi Kwabena’s poem “Whether Or Not” assure all the murdered and still missing children in our country that they have NOT been forgotten.
I apologise for my delay in replying but I do not visit the site every day. Thanks again for visiting and for taking the time to let us know what has been happening with Leah’s case and her family’s situation. What I can imagine about your ongoing misery leaves me asking myself how or if I would be able to find the strength to bear what you do.
I hope that you will find this reply to your message and let me know when you do, if I have your permission to post your message elsewhere. I feel that your voice should be heard by as many people as possible and especially those responsible for coming to our assistance when we are most in need.
Peace, peace, peace to you and your family and especially to Leah’s parents and to little Leah wherever she may be.
Peace.
February 10, 2011 at 1:11 am
Christine Francis
Goodnight,
Sorry for not replying to your email earlier, but I now got the time to visit the site.Tomorrow the 10th February will mark two years since the disappearance of Leah.I cannot say in words what the family is going through.Her mother has since gone into withdrawal mode.I give you permission to share my story with anyone who can assist us with bringing closure to our situation.It is nice to know that someone out there still cares about Leah.We her relatives are empty inside, we miss her so much, words cannot describe how much.I look for Leah everywhere I go, I imagine what she may look like presently, how is she doing, does she remember her love ones, is she happy ,is she warm..I want someone to take up our plight, I want someone in authority to reopen her case. Help us to bring closure. We are not rich folks but we are law abiding citizens with rights and we have the right to be heard and to demand justice. So feel free to share our story.
Thanks have a goodnight.
Christine Francis….
May 16, 2011 at 7:31 pm
Jan Francis
Dear Mr. Alleyne,
I would like you to investigate the matter of SRPs’ who failed the Psychological test in 2009, the Association said they found an Attorney off of the dues that they pay which is only $100.00 a month. Due to the terrible conduct of the Attorney chosen by the Association, the SRPs’ had no say for the Attorney they would love to have represent them. There were no professionals that conducted theses interviews for these officers, there were assistants who know nothing about Psychology.
I would like to think that Doctors, who are qualified to do theses types of tests, would have done this. The Officers were sent home on vacation for approximately six months some were less, you have a figure of roughly 60 odd officers told they had to go on vacation. They did as they were told, when the officers returned to their jobs, their salaries were reduced by $1,300.00 and more. The officers were told that they are now on contract, nothing was signed by some officers everyone was just in the dark for their future. Their first Attorney left them in the dark, so a new Attorney was asigned them. This Attorney failed them still on top of that sent in his Associate to deal with the case, I know you are just man, I know that you like justice for all these officers have dedicated eight years and more to this state and just to be dumped like that, not knowing if they will be kept on to work, with no sick leave, no vacation, no holidays pay if they do not come every day to work they do not get a day’s pay. These SRPs’ are the last of the’”FULL TIME OFFICERS” who put out just like regular police officers.
Wishing for your assistance of bringing forth this unfair justice served them by the court, that their judgement for absorption was denied.
July 10, 2011 at 12:10 pm
Roger Grant
Does anyone out there know what the process or procedures are in the case of International Parental Child Abduction as it relates to Trinidad and who is the best lawyer or law firm to handle such cases? I would like to understand the steps involved in addressing a case like this in Trinidad where the left behind parent resides. What should be the parent’s first steps and so on? This case is also one where the both countries are signatories to the Hague convention but the convention is not enforced between them. Any assistance will be appreciated.
July 11, 2011 at 6:03 am
triniwarao
Dear Roger,
Thanks for this very interesting comment. I do not have the answers to your questions at this point in time but I will certainly try to assist. If you find the information before I do, please consider sharing it with us. You may also be interested in submitting this question to the blog – LEGAL RIGHTS: TRINIDAD AND TOBAGO.
Peace
July 14, 2011 at 7:33 am
triniwarao
Dear Roger,
I have also pasted a copy of this reply into the body of the page above.
Although I do not have statistics for Trinidad and Tobago, it seems that the problem of International Parental Child Abduction is growing worldwide. The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty which attempts to address the resolution of the growing number of cases worldwide.
As you noted, our country is a signatory. Trinidad and Tobago’s International Child Abduction Act [No. 8 of 2008] was passed in the Senate in June 2008 and received proclamation from the President on the 15th October. In so doing, the Hague Convention was implemented within Trinidad and Tobago, bringing the Convention’s provisions into the domestic laws of our country. You did not disclose which signatory country your child was abducted into but in 2008 it was noted that our legislation faced a number of challenges, as the UK and the USA were yet to accept Trinidad and Tobago as a member country. I do not know if that situation has been resolved. If it has, then this is clearly a case where the Hague Convention’s provisions can be applied since a non-custodial parent has removed a child who was a habitual resident of a contracting State [Trinidad and Tobago] to another contracting State.
The Hague Convention is included in the Schedule after our Act and you can consult them both here. From reading the treaty, our government should have designated a Central Authority to discharge the duties imposed by the Convention and I am assuming that our Central Authority for receiving and forwarding complaints is the Civil Child Abduction Authority [Description starts at 12:08 Section 6 (1). It is this Central Authority that has the responsibility to forward your complaint to the Central Authority of the signatory country to which your child has been abducted. If your child has been abducted to the USA, the Central Authority there is the National Center for Missing and Exploited Children International Division (NCMEC). Our Central Authority here in Trinidad and Tobago bears the responsibility for communicating with that one or the relevant body for the country to which your child was taken.
You need to initiate a civil action and bear in mind the following:
-This convention applies only to children below the age of 16.
-Your complaint should be filed within one year of the abduction.
-The Convention should have been in force between the two countries before your child was abducted, and
-Your child would have been habitually resident in Trinidad and Tobago before he/she was removed to or retained in another country party to the Convention, and in breach of the left-behind parent’s custody rights.
Some interesting features of this convention is that they will not apply vague “best interests of the child” arguments unless it is proven that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation. The assumption is that the habitual residence is the best place for the child unless your child is judged to be mature enough to make a firm choice about where he or she wants to stay and then decides that he or she does not want to return.
I would contact the Children’s Authority of Trinidad and Tobago as soon as possible to seek guidance. If you need legal counsel, I am sure that they can refer you to the best practitioners in that area.
Children’s Authority of Trinidad and Tobago
Head Office: 35A Wrightson Road, Port of Spain
Telephone: 627-0748. 624-6316
E-mail: info@ttchildren.org
See other articles on international parental child abduction on this site.
Please feel free to contact me if there is anything more you would like to share or discuss. Good luck!
Peace