Dad’s custody quest shows cracks in the system

A dad’s dream deferred
Cannon learned the hard way that the Hague Convention is subject to broad interpretation in the 56 countries that have signed the pact. Judges can overlook an abduction and foreign court orders if they determine a child has become emotionally “settled” in his or her new home.

“There really is an incentive to delay” Hague cases, said Ernie Allen, president of the National Center for Missing and Exploited Children, which is tracking nearly 1,400 international child abduction cases for the State Department. “The longer the abductor has been with the child, the more likely it is a judge will cite special circumstances” for not returning the child.

The Hague treaty and a growing number of state laws meant to discourage parents from fleeing or “venue shopping” in search of a favorable custody ruling have also been criticized by advocates who believe some parents are not treated fairly by family courts.

Joy Henley, an advocate for non-custodial mothers, says the legal system is stacked against women with few financial resources. While not condoning kidnapping, Henley believes some women feel there is no other way to seek a fair hearing than by fleeing.

“Many mothers feel they lost custody because they don’t have money,” she said. “They feel prejudiced against before they even walk into court."

No backing down
Cannon says that he, too, has been victimized by the legal system.

A British judge wrote in an October ruling that “there seems to be no justification" for Shelby's mother “disappearing off the face of the earth and depriving (Cannon) of the society of his daughter; and, equally important, depriving (Shelby) of one of the two most important relationships in her life.”

Despite this, British judges have stood by their ruling.

Cannon says his quest won’t be complete until Shelby is “back home in America with a normal life and both her parents in it equally.” In the meantime, he visits his daughter in England about once a month.

“I’ve devoted my entire life to bringing my kid home,” Cannon said. “If I can shed some light on this issue, then it’s been worth it.”

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