Arcane Law Continues To Strip Canadians Of Citizenship

More on the ‘Lost Canadians’ issue and the few remaining cases.

While one can always do more to communicate changes – and there were efforts to do so – it is not surprising that some people only become aware when they are confronted, through renewing a passport or moving back to Canada:

The [retention provisions of the 1977 Citizenship Act] law was drafted in the 1970s out of concern that citizenship could be passed along indefinitely to generations abroad who were less and less connected to Canada, said Audrey Macklin, a law professor at the University of Toronto.

Macklin said it wasn’t necessarily unfair, at least in theory, to require someone twice removed from being born in Canada to prove a connection to the country.

The problem, though, was rooted in the government’s inability to identify and inform those people that their citizenship would “evaporate” if they didn’t take specific steps to retain it, she said.

Lindsay Wemp, a spokeswoman with Citizenship and Immigration Canada, said in an email that the immigration minister can offer discretionary citizenship in extraordinary circumstances on a case-by-case basis.

Funk said she contacted Minister John McCallum’s office in July and has yet to receive a response.

Citizenship statuses on ‘narrow hinge’

Donald Galloway, a University of Victoria law professor, said he didn’t think the government has taken the necessary steps to let people know “the narrow hinge” their status was hanging on.

“I think it’s quite shocking to live in a country where the government creates these byzantine rules and says ‘Well, it’s up to you to know the details,'” he said.

Source: Arcane Law Continues To Strip Canadians Of Citizenship

Citizenship Statistics January-June 2016: 64 Percent Drop in Applications

The release of IRCC citizenship and other statistics for the first half of the year provides an indication of what the overall 2016 numbers of permanent residents and new citizens will likely be.

citizenship-data-slides-2015-008The chart above, year-to-year comparison, shows the expected drop (41 percent) in the number of new citizens following IRCC’s success in 2014 and 2015 in eliminating the backlog (from a high of  323,000 in 2012 to 59,000 on 30 June 2016).

The more significant news is the dramatic drop in the number of people applying for citizenship (63.9 percent), mainly reflecting the sharp increase in citizenship fees from $100 (plus $100 right of citizenship fee) before February 2014  to $530 in 2015 (the right of citizenship fee remained unchanged).

To a lessor extent, some of the 2014 changes to the Citizenship Act in C-24, such as the extension of language and knowledge testing to 55 to 64 year olds, also played a role.

If this trend continues, there will only be about 70,000 applications in 2016, compared to about 130,000 in 2015.

Of concern is that IRCC did not appear to have seriously considered the possible impact of this increase in fees when advocating successfully for an exemption to the User Fees Act and its requirements for full public consultations.

In the Canada Gazette announcement announcing the increase to $530 (Regulations Amending the Citizenship Regulations P.C. 2014-1453 December 12, 2014), IRCC stated:

“An important assumption made in the monetized analysis is that the fee increases are not anticipated to affect the demand for citizenship. The last census (2006) reports that 85% of eligible immigrants received Canadian citizenship, or approximately 228,000 individuals. The CBA assumes that the fee increase will not impact the naturalization rate as the value placed on obtaining citizenship is very high and the benefits associated with obtaining citizenship far outweigh the fee increases. Thus, the number of applications expected per year is not anticipated to fall following an increase in the fees.”

Hard to believe that such a categorical assumption could be made, in contravention of basic economics and the realities of many low-income and refugee immigrants. Pure assertion, no real evidence. It mischaracterizes the Census number, which includes all the foreign-born (about six million), not just recent immigrants whose naturalization rate is significantly less.

Approval rates increased slightly to 92.1 percent from 91.4 percent.

Processing time continues to decline from 21 months during FY 2015-16 to 18 months in the latest quarter (April-June 2016), helped by the declining number of applications.

A cynic might suggest that the previous government, in addition to implementing many of the administrative changes and business process simplification needed to reduce future backlogs, put into place a number of measures that effectively reduced demand for citizenship as part of the their objective of making citizenship “harder to get and easier to lose.”

The increase in the number of new permanent residents reflects the increase in levels for 2016.

The datasets used are from Opendata: Citizenship Application ProcessingImmigration, Refugees and Citizenship Canada Overview.

One minor irritation with the datasets of Opendata: for citizenship, IRCC has moved from calendar to fiscal year reporting unlike for permanent and temporary residents, where it remains on a calendar year basis.

While it is possible to correlate the calendar and fiscal years, IRCC should be consistent for all its data sets. While I prefer the calendar year basis given that it allows to track longer term trends consistently, I can also understand the rationale for fiscal years, given the linkage to planning, budgeting, and reporting.

But please pick one or the other and stick to it!

Note: Revisions to application numbers can occur given incomplete applications are returned to the applicant without being entered into the database. When these are subsequently resubmitted with the missing information, they are dated and counted from the date of the original application. It is unlikely, however, that any revisions will alter significantly this trend.

Cyprus launches redesigned citizenship by investment program

I always find these puff pieces advertising citizenship for sale revealing:

“We congratulate the Government of the Republic of Cyprus, and more particularly the Ministries of Interior and Finance, for their prudent work which took into consideration industry requirements and standards, the sensitivities, psychology and motives of the investors, the need for transparency and the need for ease of assessment of the applications.”, commented Armand Arton, President of Arton Capital, a leading global financial advisory specialised in investor programs for residence and citizenship.

Under the new program, it is no longer needed to form groups of 5 or more investors, the upper threshold on the required investment for single applicants has been halved to €2.5 million, more safeguards for the investors are introduced, while main applicants can secure citizenships for dependent parents.

The redesigned program seeks to retain the exclusive nature of the Cypriot passport, currently ranked 12th by the Passport Index. The speed of processing remains one of its unique features, currently unmatched by other EU countries competing to attract foreign direct investments such as MaltaPortugalHungary or Bulgaria. Within 3 months, qualified investors can be granted Cypriot citizenship approval, which makes it the fastest CIP in Europe. The speed, simplicity and the inclusion of dependent parents are the driving indicators of Cyprus’ updated ranking on the Arton Index, the industry benchmark of global citizen programs, where it scores 74 points, out of 100 and claims the pole position by a EU country.

Cyprus places an emphasis on the genuine ties with investors, ensuring that they maintain a permanent housing unit bought at a minimum of €500,000+VAT and held for the duration of their lifetime. The immediate needs of applicants are also addressed, as citizenship applicants are given a Residence Permit until they secure their passport.

“The new changes, Cyprus’s unique geographic location, Mediterranean climate and sound economic recovery provide ideal investment opportunities for new citizens of Cyprus,” added Arton.

Given that the economy of Cyprus is setting new records in recovery and is now an example of sound economic management, investors are expected to keep flocking to the island in increasing numbers. Values of property aimed at the local market have been stabilized, while the values of high-end, seaside properties geared toward the foreign market have been rising right through the crisis.

“The Government clearly aims toward further reduction in the unemployment rate, which has been deescalating sharply over the past months, and a reduction in non-performing loans, which are gradually becoming less of a problem.“, Arton concluded.

With offices in Cyprus and around the world, Arton Capital have been quietly driving the industry innovation through its sough-after sovereign advisory practice, vast certified partner network and bespoke investor relations.

Source: Cyprus launches redesigned citizenship by investment program

Jersey hospital selling U.S. citizenship with ‘AmeriMama program’ – Trump was right about abuse! | BizPac Review

While I don’t believe that the numbers show that birthright citizenship abuse is so widespread (certainly not in Canada), it is not surprising that there are some institutions and consultants that ‘market’ birthright citizenship.

In general, better data collection and  regulatory approaches are needed before abandoning birthright citizenship:

Donald Trump called attention to abuses of birthright citizenship for children of illegal immigrants early on in the Republican primary and a story out of New Jersey shows just how right the GOP nominee is on the issue.

A New Jersey hospital is tempting pregnant women in Russia to come to America to deliver their babies, and for a paltry sum of $10,000 or less, not only will they get superior medical care, but their children are born American citizens with all the privileges that come with it, Fox News reported.

“Childbirth in New York is the best investment in the future of your family!” reads the Russian-language AmeriMama website.

The “AmeriMama” program at Meadowlands Hospital Medical Center, first reported by NJ Spotlight, is part of a lucrative and controversial business called “birth tourism,” the practice of soliciting pregnant women from other countries to deliver their children in the U.S. — automatically making them American citizens — before they return home.

But the Secaucus, N.J., hospital has taken it to a brazen new level, say immigration experts.

For fees ranging from $8,500 to $27,500, the Russian-language website for AmeriMama promised to secure citizenship papers, passports, and travel visas for the baby, according to NJ Spotlight, which reported on the program in August.

The Center for Immigration Studies says this may be the first American for-profit hospital to openly market U.S. citizenship.

“They claim they’re selling their hospital services, but the unspoken benefit of this is that the child gets a U.S. passport and U.S. citizenship,” explained Jessica Vaughan, the center’s director of policy studies.

“This is essentially U.S. citizenship up for sale,” she added. “And this is the first time I’ve seen a hospital itself market to this customer base.”

The AmeriMama website and its Facebook page were removed soon after being exposed last month by NJ Spotlight.

Source: Jersey hospital selling U.S. citizenship with ‘AmeriMama program’ – Trump was right about abuse! | BizPac Review

A little girl’s right to an identity number exposes the cracks in Cuba and South Africa’s citizenship laws — Quartz

Interesting example of the statelessness and its impact:

A little girl’s desire to go to school exposed the cracks of citizenship laws in Cuba and South Africa. The girl, now 8, was deemed stateless until a court ordered the South African government to grant her citizenship this week. Her Cuban parents have been fighting for her rights for most of the child’s life.

On Sept. 6, the Supreme Court of Appeal upheld a lower court’s judgement that the girl should be recognized as a South African citizen, her lawyers said in a statement. The ruling also ordered the ministry of home affairs to draw up regulations to allow other stateless children the chance to apply for citizenship.

Without citizenship and an identity number, she could not graduate, go to university, get married, or even have her death registered. Citizenship isn’t only a matter of national pride, but access to many state institutions and benefits in a world where international bordersstill hold much power.

“Daniela’s case is an example of how a child can fall through the cracks of nationality laws and citizenship provisions,” said Jacob van Garderen, director of Lawyers for Human Rights.

South Africa’s Department of Home Affairs argued that the child could be granted permanent residence and become a naturalized citizen, according to documents filed to the court. They also said the judge violated the separation of state and judiciary when he ordered for new regulations. Still, despite launching the appeal and a two-year battle between courts, the government dropped the case at the last minute.

Daniela’s lawyers argued that permanent residence would not equate to citizenship, and that the child would always be a foreigner in the country she was born in. Further, the process of obtaining permanent residence could take between five and ten years.

Daniela was born in Cape Town in 2008. She was issued a birth certificate without an identity number because her parents were foreigners. Kenia Maria Rodriguez Garcia simply assumed her daughter was Cuban. The Cuban Embassy in South Africa, however, refused to grant Daniela citizenship on the basis that her mother’s absence from the island nation made her a “permanent emigrant,” thus excluding her child from citizenship rights.

Garcia came to South Africa in 2005 as an engineer participating in a bilateral treaty. She is now a permanent resident in South Africa, but still found that her child’s rights were limited. Garcia says she hated exposing her daughter to public scrutiny, but is grateful that other parents will be spared the ordeal.

Source: A little girl’s right to an identity number exposes the cracks in Cuba and South Africa’s citizenship laws — Quartz

ICYMI: Burkini would not likely pass the CAQ’s citizenship test, says Legault e

Not totally surprising that the CAQ would play identity politics but still disturbing given its predecessor, the ADQ, did so:

It was Legault who opened himself up to the attacks when, arriving for a two-day meeting of his caucus, raised the issue when asked if he still has confidence in his caucus chairperson, Nathalie Roy.

Roy said last week she wanted the burkini — a piece of clothing which covers the entire body and head leaving only the face, hands and feet visible — banned. It is the same clothing which sparked a furor on the beaches of France this summer.

Photos of police officers who intervened on the beaches because of Muslim women wearing burkinis were seen around the world.

After saying he has the same “malaise,” as Roy when it comes to the burkini, Legault said it explains why the CAQ — should it form a government — is proposing to create a values test for newcomers.

It would be CAQ policy to require new immigrants to pass a test on Quebec’s language, and cultural values, after a three-year probationary period. If they don’t pass after two tries, they would be asked to return to their country of origin or to another province in Canada.

Legault ventured that immigrants in favour of the burkini would likely fail those tests and could be refused citizenship because a burkini runs against the principle of equality between men and women.

“There are big questions to be asked on such a piece of clothing,” Legault said. “Does it respect the fundamental values we have in Quebec on the equality of men and women?”

Asked by a reporter what would happen to a person who had moved to Quebec and insisted that the burkini was part of their faith, Legault was clear:

“They don’t get citizenship, that’s all.”

Source: Burkini would not likely pass the CAQ’s citizenship test, says Legault | Montreal Gazette

Qatar’s recruited athletes stir debate on citizenship

Common situation to all Gulf states, save perhaps the athlete example:

When 39 athletes from Qatar qualified for the Rio Olympics, the most in the tiny Gulf state’s history, Noor al-Shalaby celebrated the achievement in a Facebook post.

“Qatar! You are in my blood and my soul,” wrote the 34-year-old accountant.

The small team delivered the country’s first silver medal at the Rio Olympics.

And the Olympians – at least 23 of whom were born outside Qatar and brought in to help the country flourish athletically – are a source of pride for Egyptian-born Shalaby, who was raised in Qatar.

But their status is also a reminder of restrictive citizenship laws that have complicated Shalaby’s life and made her future uncertain.

Qatar has for years used its immense oil and gas wealth to recruit sportspeople from around the world, part of an ambitious vault onto the world sporting stage by the wealthy Arab state which will host the soccer World Cup in 2022.

Kenyan runners and Bulgarian weightlifters granted citizenship to compete internationally for Qatar are compared by outsiders to ‘mercenaries’ sent to win medals for Doha and promote its standing abroad.

But the practice of handing passports to these athletes has stirred a debate about national identity inside Qatar where residents like Shalaby who have lived in the country for decades, and whose expertise may be needed in a post-oil economy, have no obvious path to citizenship.

“I was born in Doha… my friends are Qatari and, in my heart, I am too.” she said. “Of course it hurts that I am not a citizen.”

LAWS ‘OUTDATED’

The influx of foreigners into the once-impoverished Gulf states goes back to the discovery of oil in the 1930s.

The growth of hydrocarbon industries brought in thousands of Arab workers, including Syrians and Palestinians, to bolster small local populations.

Many secured jobs and settled in the Gulf among local Sunni Muslim populations who had traditionally lived in the desert or in small coastal towns, living off pearling and trade.

But as numbers of foreign residents rose and millions of South Asian labourers were brought in to power construction booms, tightly-knit Gulf populations saw demographic change as a threat to their way of life.

Attuned to this, Gulf authorities have kept heavily guarded rights to nationality.

Qatar, a former backwater that is the world’s largest LNG exporter, is home to a vast foreign population that ranges from low-paid construction labourers living in camps outside cities to top executives who receive generous tax-free salaries.

No legal provisions exist allowing foreigners, who account for around 90% of Qatar’s 2.3 million population, to become permanent residents.

Instead a handful of foreigners who must speak Arabic and have resided in the country for at least 25 consecutive years are absorbed into Qatar’s citizenry on a case by case basis that requires approval from the emir.

A Qatar government spokesperson was not immediately available to comment. Officials, including the former emir, Sheikh Hamad bin Khalifa al-Thani, have said nationality is given to people who apply and fulfil regulations.

“ADDING VALUE”

But some younger Qataris are now questioning the laws controlling citizenship, calling them outdated.

“If these guys get naturalized then what about doctors, scientists, engineers, academics and artists? Don’t they add more value to society?,” Hamad al-Khater, a public sector employee, tweeted after the Olympic debut of Qatar’s handball team, 11 out of 14 of whom are naturalised athletes.

A prominent Emirati commentator argued in a 2013 op-ed for citizenship to be opened to long-time foreign residents including entrepreneurs, scientists and academics who have contributed to society.

But many remain deeply apprehensive about relaxing citizenship laws: they fear the added expense – Qatar spends billions of dollars each year on free education, healthcare, and housing loans for its estimated 300,000 citizens – and question whether naturalised citizens could ever become true Qataris.

“Even without naturalising people, our identity is in a kind of crisis. Giving out passports would complicate things,” said businessman Abdullah al-Mohannadi, 32.

There is concern too that foreigners might have an adverse influence on Qatar’s dynastic political system and conservative culture – based on deep-rooted tribal values that are already considered under threat.

“What happens down the line when these individuals and their descendants call for change and go against Qatar’s political stability?” said Faisal al-Shadi, a Lebanese student born in Qatar. “These citizens might come together and challenge the status quo”.

After growth peaks and Qatar moves towards a post-oil economy, analysts say, the economic rationale for restricting citizenship could change.

“Qatar will need to attract long-term residents who can contribute to the tax base and support what will eventually become an ageing population,” said a Doha-based university lecturer.

“Residency rights are one way to entice professionals to stay in the country for longer.”

Source: Qatar’s recruited athletes stir debate on citizenship

Conflicting loyalties? Germany debates dual citizenship 

Good report on some aspects of the debate:

Germany’s debate on dual citizenship seems to be at odds with its inclusive approach to refugees – and its economic success story. Turks, in particular, feel ostracized when German officials question their loyalty.

Dual citizenship

Earlier this week, Chancellor Angela Merkel announced that she and her government expect a “high level of loyalty” to be displayed by Germany’s largest immigrant community: the Turkish diaspora. Her divisive remarks came after mass rallies were held in support of Turkish President Recep Tayyip Erdogan following last month’s thwarted coup.

Recent security threats across the country have also prompted a re-evaluation of immigration strategy, putting the chancellor in the uncomfortable position of having to balance her welcoming approach toward refugees with the realities of Germany’s history of lacking long-term plans to integrate new residents.

Merkel questioned some Turks’ loyalty after tens of thousands rallied in support of Erdogan

Interior Minister Thomas de Maiziere also made remarks that seemed to challenge the allegiance of dual nationals, saying that allowing people to hold multiple citizenships was not a desirable long-term goal for the government.

The chairman of Germany’s TGD Turkish community association, which primarily functions as a legal network, said he welcomed the chancellor’s initiative as a way to advance the loyalty discussion, but he also criticized the idea that a series of unconnected events could call into question the allegiance of millions of people who live in Germany.

“It can’t be that a debate on loyalty is sparked purely on the basis of ethnic Turks’ participating at a rally in Cologne,” Gökay Sofuoglu told DW, adding that “milestones of social integration and participation” were suddenly being questioned – including dual citizenship.

“We have played a major role in rebuilding this country,” Sofuoglu said, referring to post-World War II reconstruction. “It is sad that the accomplishments of that first generation haven’t been honored or even acknowledged but are rather repeatedly being questioned. All these discussions only go to prove this country’s ingratitude and its total failure at its immigration policy.”

‘Mistakes were made’

Though having multiple nationalities is regarded as worldly and debonair in many cultures, Germany’s attitude is more conflicted. The subject of dual citizenship can touch a nerve as Germany tries to nail down an identity in a multicultural age; the country has become the second most popular destination for immigration after the United States, according to UN figures.

De Maiziere said facilitating dual citizenship was not in the long-term interest of the government

“Germany now has 55 years of experience of dealing with migrants,” Sofuoglu said. “We all know what mistakes were made in the past. It would be beneficial if – rather than continuing to alienate migrants and questioning their loyalties – we helped open doors and create opportunities for these people arriving in Germany now.”

The response to terror threats is a factor in the dual nationality debate, as is the potential reintroduction of compulsory military conscription. German law automatically dictates the loss of citizenship in most instances if a national joins another nation’s military, yet the armed forces are currently considering allowing citizens of other EU states to join.

A two-tiered society

The TGD’s Sofuoglu argues that threatening to revoke dual citizenship and forcing people from ethnic minorities to choose creates “second-class German nationals” who have to live in constant fear of having their privileges taken away.

Sofuoglu, a dual national, said Germany’s restrictive policy amounts to ingratitude

“No one would come up with the idea of revoking the citizenship of a native German without a migrant background who acts in an undesirable way,” Sofuoglu said. “So why do other people who were also born and raised here have to abide by a different set of standards simply because they have their roots abroad? … Because some of them chose to partake in a rally in favor of the Turkish president?”

“If loyalty to the state is such a problem, what about those right extremists protesting against Merkel and insinuating that she should be executed for allowing refugees to come to Germany?” Sofuoglu said. “Is that what they call loyalty?”

Source: Conflicting loyalties? Germany debates dual citizenship | News | DW.COM | 24.08.2016

7 Countries Where You Can Buy Citizenship – Insider Monkey

The list: Dominica, Grenada, Saint Lucia, Antigua & Barbuda, St Kitts and Nevis, Cyprus and Malta. Also a useful passport index in terms of the number of visa-free countries citizens can travel to:

The other option is citizenship-by-investment programs. They are a controversial subject in many countries, especially in the European Union. The Brussels administration is trying to force EU members to cancel them or at least limit them in scope, so if you’re planning to move to the Old Continent, you might want to hurry while these are still available. There aren’t many countries in the world that offer this kind of programs, but unlike the golden visa category, they guarantee a citizenship, provided you pass the government background checks and meet other conditions.

For the most part, these refer to the origin of the money being invested and the applicants’ country of origin. If your country is under any form of international sanctions, you will most likely be rejected. These regulations were tightened after US Department of Treasury issued a warning about Iranian citizens using St Kitts and Nevis citizenship-by-investment program to obtain entry to the US and make investments, despite the sanctions imposed against that country. Of course, if your money is lawfully earned and you’re just looking for a second passport, you have nothing to worry about. If your goal is to avoid US taxes, a word of warning, though. Just because you don’t live in the United States doesn’t mean that the IRS will let you out of their money-grubbing paws. As long as you are US citizen, you owe them money. The only way to be free of them is to renounce your citizenship and most people aren’t willing to go to such lengths just to avoid paying taxes. There are examples, though, like the Facebook co-founder Eduardo Saverin, who gave up his citizenship in 2012.

So, here are 7 countries where you can buy citizenship. Four [five] of them are Caribbean countries  and two are EU members . Interestingly enough, all 6 are rather small island nations. They also lack natural resources, which is one of the main reasons for the institution of citizenship-by-investment programs. We listed them according to each country’s passport power rank, found here.

Canadian woman’s case galvanizes Chinese moms in custody battles – The Globe and Mail

Another reminder of some of the risks related to international custody battles. Global Affairs Canada is working on over 300 known cases worldwide (the actual number is likely higher):

Ms. Dai is now midway through an appeal, her final avenue for securing access to her son.

She has borne the costs alone. Like Alison Azer, the Courtenay, B.C. woman whose children were allegedly abducted to Iran, Ms. Dai has struggled to get help from home. She has written Foreign Affairs Minister Stéphane Dion and multiple people at the Canadian embassy in Beijing. One told her to call local police if her child was in danger and declined her request for a letter of support she could use in court: “this would involve the Government of Canada in a private legal matter, which is not part of our mandate as consular officials.”

Ms. Dai said she sees that as “a message to other Canadian mothers” in China that “if they get in any sort of trouble, be aware that no one can help.”

In an e-mail, Foreign Affairs spokesman François Lasalle said officials are providing Ms. Dai “consular assistance,” and “work hard” to support more than 300 Canadian families worldwide in similar circumstances. A new Chinese domestic violence law, enacted this year, “is a significant improvement” but “still has important shortcomings,” he said.

“We are committed to ensuring the promotion and protection of women’s and girls’ human rights,” he said.

Ms. Dai, however, has found greater support from others in China after she took her fight public, galvanizing other mothers to confront weaknesses in their legal system and advocate for change in a country where fast-rising divorce rates are approaching U.S. levels. Ms. Dai has made advocacy a full-time job, securing a small office in Beijing and hiring three assistants.

Her story has been published by more than 200 media outlets and she has been interviewed on national television shows. She has hired the lawyer who represented Kim Lee, an American woman beaten by her famous Chinese husband, a hotly discussed case that drew national attention to domestic abuse problems in China.

The pain Ms. Dai suffered “is more severe” than what Ms. Lee endured, her lawyer, Qi Lianfeng, said in an interview.

Ms. Dai says her former husband, movie stuntman Liu Jie, slapped her, pushed her to the ground, stomped on her face and once wrenched her leg so badly she had trouble walking.

In a trial last year, however, Mr. Liu argued that Tristan should stay with him because Ms. Dai “is irresponsible, doesn’t care about the son or want to raise him” and was too busy working, according to a summary contained in the verdict released this spring. The judge found that Mr. Liu had hit Ms. Dai, but gave him custody nonetheless, citing “the principle of benefiting his healthy physical and mental growth.”

Reached for comment, Mr. Liu said “it’s a family matter,” and asked for privacy.

The stakes in China are high for fathers and their families. The long-standing one-child policy means a child, especially a son, is expected to “carry on the family blood,” said Li Ying, a lawyer and director of a Beijing legal assistance agency.

When those families seize their children, they also gain an advantage in court, where judges tend to view leaving the child in place as less disruptive, heavily emphasizing possession.

Courts also have little power to enforce custody rulings. And authorities try to keep problems quiet. Ms. Dai was visited by police before holding a recent conference on custody issues, and subsequently asked a Globe and Mail reporter not to attend to avoid further problems.

Still, custody problems are not unique to China, which is moving to ensure a new domestic violence law, enacted this year, creates real change. Officials are currently drafting detailed guidelines for its enforcement.

“In the future, things will be better, particularly in custody matters,” said Yang Xiaolin, a lawyer who was part of a special team at Nanjing Normal University examining problems with child custody.

But, he said, attitudes must first change.

“The Chinese legal system has yet to treat juveniles seriously,” he said. To decide custody, “a child’s needs must be taken into account. Not only their material needs, but also emotional ones.”

Source: Canadian woman’s case galvanizes Chinese moms in custody battles – The Globe and Mail