Advanced International Cross Border Family Mediation
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The International Family Mediator's Professional Magazine
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Mediating Cross Border Child Support by Maureen Dabbagh

Mediating Cross Border Child Support by Maureen Dabbagh | Advanced International Cross Border Family Mediation | Scoop.it
Maureen Dabbagh, ADR Profession's insight:

When there is room to mediate child support disputes, determining if child support is more about punishing the other parent or the best interst of the child can effect the success of regular child support payments. In high conflict child custody disputes, child support is typcially problematic. In parental kidnapping cases, they are extremely problematic. The good news is that it does not have to be so. A good mediator can fill their professional tool box with supportive tools can facilitate good problem solving for their clients.

The expense of parenting across international borders can present challenges not seen in families that coparent within the same jurisdictions.The absence of access and contact between a non-custodial prent (NCP) and their child and deficiencies in child support payments have been shown to increase conflict between parents and to reduce NCPs’ contact with their children (Ovwigho et al., 2005; Bartfeld, 2003).  Increases in child support and contact with the child are linked to a better co-parenting relationship (Hofferth, Forry, Peters). But there exists a dilema in which a custodial parent may withhold access and visitation of the child as a punishment if child support is late or not forth coming. Conflict builds, cooperation decreases, and the worse outcome is that the child is parenally kidnaped across international borders to prevent the other parent fro having any contact with the child.

In 1995 the American Bar Association, Center on Children and the law working in cooperation with national missing children’s organizations, tallied survey results for 97 left behind parents that experienced parental abduction (Chiancone & Girdner). 29.8% of the abducting parents were unemployed and another 10.6% were receiving public benefits. Another 18.1% were underemployed, working only part time. A whopping 54.5% of abducting parents made less than $15,000 annually. 15.9% of left behind parents reported that the abducting parent was angry or upset about a recent or upcoming child support or alimony decision, and this was a motive for abducting. The question then might be what was there about paying child support that upset or angered the abducting parent?  Well, the survey gives a bit more insight into motivation, suggesting that 6.8% of abducting parents were not satisfied with the limited amount of child access they were awarded, with 11.4% frustrated with the legal process. Currently, there exists no research that would support any specific remedy as being significally successfully resolving this problem. So, let us visit on Ariely's theories and see how they might effect potential outcomes.

Our efforts to encourage payment of child support and also exercise of access is contigent upon establishing a mechanism by which both parents must play fair (fairness & reciprosity) that is monitored & enforced by the court. We begin by enrolling the parents into an online program called "Family Wizard". The program monitors all activities between parents and is designed to encourage parental cooperation. If a parent fails to cooperate, it is recorded and  could result in a re-determination of custody. Through the Family Wizard program, we are going to ask the parent to do several tasks. (1) both create a list of expenses related to child access, i.e. plane fare, long distance telephone, cost of Internet for Skype, Family Wizard program, etc. The objective here is to identify micro payments that may not previously been considered in the cost of access. (2).The next step is to have the parents both work together to determine which expenses are most important and those which are least. This will be influenced by their social norms and customs. (3) Next, we ask the parents to weight the cost of parental cooperation on their child's well-being and ask them to come to a dollar amount that would be represent the cost of "buying" emotional and mental wedll-being for their child. (4) Lastly, they are asked to weigh the cost of access against the amount of child support and determine how fair the current financial arrangement is and how they could make it better for the emotional and mental well-being of the child. The exercise should result in a successful cooperative effort to adjust mental accounting into a shared reality that eliminates micro payments, is perceived as fair by both parents, & adheres to social and legal requirements.

 Ariely, Dan. (2013) "A Beginnner's Guide to Irrational Behavior". Coursera. 

Bartfeld, Judi. 2003. “Falling Through the Cracks: Gaps in Child Support among Welfare Recipients.” Journal of Marriage and Family 65(1): 72–89.

Chiancone, J. and Girdner, L. (1998). Issues in Resolving Cases of International Child Abduction. American Bar Association.

Hofferth, S., Forry,  H., Peters, E. (2010). "Child Support, Father–Child Contact, and Preteens’ Involvement with Nonresidential Fathers: Racial/Ethnic Differences". Journal of Family and Economic Issues. March 2010, Volume 31, Issue 1, pp 14-32).

Ovwigho, Pamela C., Correne Saunders, and Catherine E. Born. 2005. “The Intersection of Incarceration and Child Support: A Snapshot of Maryland’s Caseload.” Report of the Family Welfare Research and Training Group, University of Maryland, School of Social Work.

Our family wizard. Avirat, Inc. 2000-2009. www.ourfamilywizard.com.

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The problem of cross-border family relocation

The problem of cross-border family relocation | Advanced International Cross Border Family Mediation | Scoop.it
Cross-border family relocation is a growing headache for family court judges around the world. Therefore, a number of judges and experts from 14 countries met last month in Washington, D.C. to try ...
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HCCH | Publications

Hague Conference on Private International Law (HCCH)
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Guide to Good Practice Child Abduction Convention - Mediation 2012 

Available for pdf download at the HCCH website in English and Russian.

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Cross-border mediation--family context. - Free Online Library

Free Online Library: Cross-border mediation--family context.(Feature Report on Multiculturalism, Cover story) by "LawNow"; Christian-Muslim relations Christianity and other religions Islam
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MOFA: "Symposium on the Hague Convention - in Considering the Modality of International Family Mediation -" organised by the Ministry of Foreign Affairs

MOFA: "Symposium on the Hague Convention - in Considering the Modality of International Family Mediation -" organised by the Ministry of Foreign Affairs | Advanced International Cross Border Family Mediation | Scoop.it

The "Symposium on the Hague Convention ? in Considering the Modality of International Family Mediation ?" to be held on 16th January in 2013 will be a forum for discussing the modality of international mediation in Japan. The discussion will include sharing the experiences and knowledge of experts from the U.K. and Germany with a wealth of experience in mediation within the scope of the Hague Convention, and exchanging views on what modalities for international mediation should be in place in Japan after the Hague Convention comes into effect.

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Resolution of Cross-Border Family Conflicts | EuroMed Justice III

Resolution of Cross-Border Family Conflicts | EuroMed Justice III | Advanced International Cross Border Family Mediation | Scoop.it
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- Washington Declaration on International Family Relocation

- Washington Declaration on International Family Relocation | Advanced International Cross Border Family Mediation | Scoop.it
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On 23-25 March 2010, more than 50 judges and other experts from Argentina, Australia, Brazil, Canada, France, Egypt, Germany, India, Mexico, New Zealand, Pakistan, Spain, United Kingdom and the United States of America, including experts from the Hague Conference on Private International Law and the International Centre for Missing and Exploited Children, met in Washington, D.C. to discuss cross-border family relocation. They agreed on the following...

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EUROPA - PRESS RELEASES - Press Release - Cross-border legal disputes: Commission takes Cyprus and the Netherlands to Court for failing to transpose EU rules

EUROPA - PRESS RELEASES - Press Release - Cross-border legal disputes: Commission takes Cyprus and the Netherlands to Court for failing to transpose EU rules | Advanced International Cross Border Family Mediation | Scoop.it
European Commission - Press Release - European Commission Press release Brussels, 27 September 2012 The European Commission is referring Cyprus and the Netherlands to the Court of Justice of the European Union for failing to notify national...
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Parental Kidnapping in America: An Historical and Cultural Analysis: Maureen Dabbagh: 9780786465330: Amazon.com: Books

Parental Kidnapping in America: An Historical and Cultural Analysis [Maureen Dabbagh] on Amazon.com. *FREE* super saver shipping on qualifying offers. In 2010, the U.S.
Maureen Dabbagh, ADR Profession's insight:

In 2010, the U.S. Department of Justice reported an average of 200,000 cases of parental kidnapping each year. More than just the byproduct of a nasty custody dispute, parental kidnapping--defined as one parent taking his or her child and denying access of the child to the other parent--represents a form of child abuse that has sometimes resulted in the sale, abandonment and even death of children. This candid exploration of parental kidnapping in America from the eighteenth century to the present clarifies many misconceptions and reveals how the external influences of American social, political, legal, and religious culture can exacerbate family conflict, creating a social atmosphere ripe for abduction.

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Advocatenkantoor Kim-Meijer te Den Haag | Diensten | Cross Border Mediation

Maureen Dabbagh, ADR Profession's insight:

People Making a Difference

 

Kim-Meijer is known for her ability to work with (expat) families in ending access and custody disagreements across international borders. Deployments, separations or divorces,  international parental child abduction/wrongful retention, relocation, custody, visitation across international borders, may present challenges that require changes in current custody, visitation, and child support orders. Going to court to resolve such matters can be extremely costly as the legal actions will drag on. Cross border mediation is a specialized form of family mediation. It provides services to families separated by borders and offers a way for families to craft their own agreement as to the child's residence, the international parenting plan and international visitation rights and child support orders in accordance with the parents' needs with the assistance of two specialist mediators, who are familiar with international children's cases. The mediation takes place in a safe and impartial environment and focuses on the interests of the child and a permanently positive relationship with both parents and other family members. The child's voice is important. It is possible that a realistic and practical solution can be reached which would remove the need for (further) court proceedings. The agreement reached by the parents can be presented to the court to be signed into order.

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HCCH | Welcome to the Child Abduction Section

HCCH | Welcome to the Child Abduction Section | Advanced International Cross Border Family Mediation | Scoop.it
Hague Conference on Private International Law (HCCH)
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Information on Cross Border Family Mediation:

- Guide to Good Practice under the Child Abduction Convention: Mediation 

- Working Party on Mediation in the context of the "Malta Process":

Central Contact Points for international family mediationPrinciples for the Establishment of Mediation Structures in the context of the Malta Process [Arabic]Explanatory Memorandum on the Principles for the Establishment of Mediation Structures in the context of the Malta Process [Arabic]Questionnaire II | Responses
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International Family Mediation: A global project for ISS - ISS SSI

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introduction-to-cross-border-family-mediation---by-maureen-dabbagh.pdf

introduction-to-cross-border-family-mediation---by-maureen-dabbagh.pdf | Advanced International Cross Border Family Mediation | Scoop.it
Introduction to Cross Border Family Mediation - by Maureen Dabbagh
Maureen Dabbagh, ADR Profession's insight:

Find out what they did not teach you in your 40 hour family mediation course.

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Hague Service Convention | Dispute Resolution in Germany

Hague Service Convention | Dispute Resolution in Germany | Advanced International Cross Border Family Mediation | Scoop.it

Federal Constitutional Court: Risk of Punitive Damages No Reason to Prevent Service of U.S. Action

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Fourth meeting of Working Group on Resolution of Cross-border Family Conflicts. | EuroMed Justice III

Fourth meeting of Working Group on Resolution of Cross-border Family Conflicts. | EuroMed Justice III | Advanced International Cross Border Family Mediation | Scoop.it
Maureen Dabbagh, ADR Profession's insight:
Tuesday, March 5, 2013 to Thursday, March 7, 2013

This meeting takes place under the second main component of the project: Resolution of Cross-Border Family Conflicts. The objectives of this activity will be to have a preliminary review of actual or potential obstacles to the adoption of the Hague Conventions related to the this component and, as main objective, to prepare a handbook which identifies best practices concerning the resolution of cross-border family conflicts...

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Professional Network of Cross Border Mediators

Professional Network of Cross Border Mediators | Advanced International Cross Border Family Mediation | Scoop.it
Maureen Dabbagh, ADR Profession's insight:

The Network of Cross-border Mediators assembles family mediators from the Member States of the European Union as well as the candidate countries who were trained to deal with cross-border family conflicts.

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introduction-to-cross-border-family-mediation---by-maureen-dabbagh.pdf

introduction-to-cross-border-family-mediation---by-maureen-dabbagh.pdf | Advanced International Cross Border Family Mediation | Scoop.it
Introduction to Cross Border Family Mediation - by Maureen Dabbagh
Maureen Dabbagh, ADR Profession's insight:

Professional Publication

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