Child Snatch-backs: Justice Over Legality - Admission/Application Essay Example

Child Snatch-backs: Justice over Legality So many stories have been told through the mass media about children being snatched away from their parents by people who do it out of sheer twisted thrill or for making money through kidnap and ransom. What may not have been given ample space in the media are the cases in which it is the parents who also snatch back their children. Can this be considered kidnapping? For some, this may technically be considered as such, especially if there are elements in the actual act of getting the child back that are considered as characteristic of kidnapping.

In 1997, a news report narrated an event in which a father went beyond the bounds of law when he and his accomplices snatched back his daughter in Mexico and brought her back to the United States. In January 17, 1997, The Seattle Times came up with a news item about how a father allegedly kidnapped his daughter (Father Kidnaps Daughter…). Christopher Handsel is divorced from his wife. They have a child, Kaelyn Elizabeth Morgan whose custody was awarded to Handsel as the father. Handsel’s ex-wife remarried.

However, even before the judge came up with decision on the custody of the child, Kaelyn was taken to Mexico by her mother and stepfather. This prompted Handsel to take matters into his hands. He decided to snatch back the child and bring her back to the country armed with the knowledge that the court had already decided that he should have custody of Kaelyn. With two accomplices, who are also Americans, Handsel went to Mexico to get his daughter. The three traveled to San Juan Cosala, a town near Guadalajara.

It was there that Handsel was able to retrieve his daughter against the knowledge and wishes of his ex-wife. Handsel and his group along with the girl immediately crossed the border. Charges of aggravated kidnapping were immediately raised against Handsel and his accomplices. The Jalisco state police in Mexico took steps to acquire warrants of arrest for Handsel and his co-conspirators. By the time that cases were filed in the Mexican court. Handsel and his daughter were already in California.

Two other Americans, Stephen Bruce Brown and Gregory Bingham Hadley, both of California, were also charged with aggravated kidnapping. They admitted that they helped Handsel in snatching back his daughter. The entire event itself led to debates regarding the legality of Handsel’s and his accomplices’ actions. There were those who insist that the issue is not about whether who should have custody of the child but on whether Handsel, the father, actually broke the law for her back to the country.

However, the legality of the father’s actions can be a very complicated issue because it does not involve the laws of only the US but that of Mexico as well. Handsel did not face any kidnapping charge in the US because the court had decided previously that he should have custody of Kaelyn. The problem here is that the Mexican authorities saw otherwise, which was why they still sought for his and his companions’ arrest. Under this circumstance, the larger issue of child snatch-backs could be bogged down under the category of international legal controversies.

Professionals in the legal field from both the US and Mexico would engage in a debate whether the American judge’s decision on child custody would be applicable in Mexico. They would even argue on the legality of the kidnapping charges filed by the Jalisco state police. One camp would insist that the method of getting the child without the consent of the current guardian can be considered as abduction while the other would defend Handsel’s action, stating that since he has been awarded with the custody of the child he could legally get her back regardless of the time, place, and circumstance.

However, while the event led to a legal debate, the perspectives of Handsel and his daughter regarding the issue was hardly given attention. Handsel knew that he would probably have to contend with the circumstances of his actions, including criminal charges. Nevertheless, he still did what he thinks is right. This should be the focus of the issue too but was largely ignored in the ensuing debate on mere legality. The Handsel case as well as numerous other child snatch-backs that occurred in the country or were committed by parents who are American citizens in other countries only demonstrate that there that what is legal may not always be just.

On the other hand, justice could not always be equated to lawfulness. In the case study, Handsel had the conviction that what he is doing is right not only because he is the father but also because the court has decided that he should have custody of the child. From his point of view, he was the aggrieved party and it was only right that he seek justice by getting his child back. Therefore, he might have violated Mexican laws with his actions but this does not mean that he was committing a grave injustice to the child and the mother.

It is clear that while lawyers would continue to debate on the aspect of legality, Handsel and all those involved in the snatch-back might have contented themselves that they have acquired justice in the end. This could be the reason why it would be difficult to find a trace of guilt feelings in Handsel and his accomplices. However, there is also another angle of the event that deserves scrutiny and that is the interest of the child. Kidnapping occurs when the person is taken away without his or her consent.

If Kaelyn actually agreed to go with his dad, then kidnapping might not have occurred after all. If she thought that it was in her best interest to be with her father then there was obviously consent. In this case, she might even have thought her father’s actions did justice to her as well. The media reports, however, did not touch much on this particular angle of the event. These focused more on the legal controversy that was ignited by the snatch-back, aspects that those personally involved might not have cared about much for as long as they believe they got justice through their actions.

Reference Father Kidnaps Daughter and Flees to U.S. in Legal Custody Dispute. (1997, January 17). Retrieved August 9, 2011, from The Seattle Times website http://community.seattletimes.nwsource.com/archive/?date=19970117&slug=2519240