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Mom fights for kid's return in vain

Source: Times Live -, 02/11/2015

Lin was allegedly tricked into signing legal guardianship of the child
over to her mother-in-law in China.

Parents whose estranged spouses flee South Africa with their children
have little recourse to get their children back.

For six years, the 10-year-old son of Port Elizabeth mother Elize Lin
has been a subject of an international custody battle.

The home affairs department says this is one of many such cases in
which children are taken out of the country without both their
parents' consent.

Lin was allegedly tricked into signing legal guardianship of the child
over to her mother-in-law in China.

When Lin discovered her son was in Durban last year, she interdicted
her estranged husband, a Chinese national, from leaving with the
child, but he smuggled him out. Now Lin has nowhere else to turn for
help.

"Interpol even looked into it, but we were told the father has not
committed a crime," she said.

Home affairs spokesman Mayihlome Tshwete said all cases occurred
before the new visa law which requires consent from both parents for a
child to travel in and out of the country came into effect earlier
this year.

Tshwete said there were limited options for aggrieved parents.

He said this was the reason the department had argued for the consent
of both parents to be obtained before a child left the country.

"Trying to correct it [abduction] when it has happened becomes very
difficult because we have to [either] appeal to the country [to which
the parent has fled] or to the parent, who has taken the child, to
return the child.

"It is really up to the person who has taken the child to bring them
back, as there are no laws forcing them to bring back the child."

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