International Child Abduction Prevention: Courts Must Consider Abduction Risk Associated With The Western Hemisphere Travel Initiative

Carolyn Ann Vlk and I worked dilegently in trying to find the answer to the question, How Are Our Children Being Internationally Abducted And Illegally Removed From Our Country?

We believe we have found a significant part of the answer, and on behalf of Carolyn and myself, we urge you to read the titled report: "International Parental Child Abduction and Human Trafficking In The Western Hemisphere".

The primary concern of this report concerns international departure documentation requirements children under the age of 16 are required to present to customs agents when exiting the United States via land or sea. These requirements presently a parent or legal guardian the ability to remove a minor under the age of 16 without a valid passport. In fact, part of the concern with the present travel requirements is that a child can be legally removed from the country using a photocopy of a valid birth certificate. Additionally, if the child or children are traveling with only one parent, all that is required is that the traveling parent present a letter from the child's other parent authorizing travel. According to the government official's comments cited in the report, documentation fraud is a great concern with respect to immigration to and from the United States.

Examples of potential loophole usage of WHTI for international parental child abduction include when a parent intends to wrongfully remove a child via a closed-loop cruise. In this typical scenario a parent will board a cruise ship with their child that begins and ends in the same port; however, these cruise ships typically will have port-of-calls in other countries (Mexico and island-nations of the Caribbean), making it easy for an abduction to occur. Another example of this type of loophole is when a parent simply drives or walks across the borders between the United States and Mexico or Canada.

It is imperative that our nation's courts become aware of these loopholes so that they may act to prevent a child's abduction. Equally, it is important that legislation is passed that will modify a child's travel documentation requirements under the WHTI. As our nation's citizens continue to obtain U.S. Passports in increasingly high numbers, any previous argument that the costs of a passport are too high for vacationing families intending to travel abroad for the first time is decreasing in validity. More importantly, with thousands of at-risk children and their lives at stake, combined with the fact that international parental child abduction is increasing at substantial rates, it is now more critical than ever that we correct an outdated law while also rasing awareness of this issue so that courts and judges may take appropriate steps to prevent an abduction from occurring.

To download a PDF copy of the report, Please Click Here.

To download a Word copy of the report, Please Click Here.

In advance, thank you for taking the time to read this report - it very well may one day help you protect a defenseless child.

Sincerely,
Peter Senese
www.peterthomassenese.com

Florida's Child Abduction Prevention Law Now Official

On January 1st, 2011 Florida’s landmark ‘Child Abduction Prevention Act’ (CAPA) was enacted as law. The new legislation establishes an array of risk factors a judge may consider when deciding if there is a chance that one parent may remove a child of a relationship from the state or country or conceal the whereabouts of the child in violation of a parenting plan. Additionally, and critically, the CAPA provides a selection of preventative measures that may be utilized in order to prevent child abduction from occurring.

The new law that unquestionably will protect the lives of thousands of children in Florida each year was drafted by child abduction prevention advocate Carolyn Ann Vlk of St. Petersburg, FL. Ms. Vlk added, "In my opinion the biggest obstacle faced was a lack of information and education. My focus was to protect children by enlightening all individuals involved in the process including judges, attorneys, parents and policy makers. Tragically, too many of our nation's children have been abducted due to the failures by individuals and the courts responsible for overseeing their best interest, including assessing dangers that may lead to their possible criminal abduction. The CAPA law addresses this concern."

The new law was sponsored by Representative Darryl Rouson (D-St. Petersburg) and Senator Eleanor Sobel (D-Ft. Lauderdale). Under their careful guidance, the groundbreaking legislation did something near impossible: it unanimously passed each of the three Senate and three House committees before being resoundingly passed on both the House and Senate floors.

Representative Rouson was previously cited as saying, “I am extremely pleased to announce that as of today, my dream and goal of creating law that would help prevent our state’s children from experiencing the nightmare of child abduction is now a reality. As abduction cases in our state and the nation continue to increase at alarming and unprecedented levels, it has become apparent that the combative way to prevent this epidemic from spreading was to create a sweeping law that will aid the courts in protecting our children. The ‘Child Abduction Prevention Act’ certainly does this. I would like to thank Governor Crist and all of my fellow lawmakers, including child advocate Senator Eleanor Sobel, for realizing the importance of this law. The significance of this new law in Florida should be a lesson for all states presently considering child abduction prevention legislation; it is critical to the children of every state to have preventive laws in place that will protect their well being. I would also like to thank Carolyn Ann Vlk, the astute writer of the ‘Child Abduction Prevention Act’ for her tremendous leadership in writing such a sweeping law, and, I would like to also acknowledge Peter Thomas Senese for his substantial advocacy in support of our state’s new law. Today is a great day for the children of Florida.”

As the number of criminal international parental child abductions continues to escalate substantially each year, lawmakers at both the state and federal level appear to have taken notice. The Department of State’s Office of Children’s Issues reported that there were 1,623 U.S. children criminally abducted from the United States in 2009. The aggregated growth rate over the past few years is well over 20%. These statistics do not include the substantial number of ‘unreported’ cases that were cited in the landmark report titled ‘Crisis In America: International Child Abduction Today’ (2010) researched and published by Peter Thomas Senese and Carolyn Ann Vlk.

Peter Thomas Senese, the author of the upcoming book ‘Chasing The Cyclone’ and producer of the educational documentary film series ‘Chasing Parents: Racing Into The Storms Of International Parental Child Abduction’ stated, “The number of criminal international child abductions has reached alarming levels. If we project the present growth rate of ‘reported’ abductions to 2020, an astronomical number of our nation’s children will have been ‘reported’ as being criminally abducted. And this does not include the reality that the number of ‘unreported’ cases of international abduction are expected to be at least the equivalent to the number of ‘reported’ cases. This all should raise a flag for every lawmaker and judge in the country that abduction laws and the consideration of risk factors related to a potential abduction are critical rights of a child. A failure by a court to consider such concerns and not apply appropriate abduction prevention measures to ensure an at-risk child’s safety is child abuse.

“The CAPA law unequivocally will protect the lives of many children in the State of Florida so long as judges implement the law. Hopefully more states will follow Florida’s lead. In addition, and equally important to preventive measures in the courtroom, it is critical that federal prevention measures are also implemented. This includes closing the loopholes associated with the travel documentation requirements for children connected to the Western Hemisphere Travel Initiative.”

The CAPA law allows for the presentation of competent and substantial evidence of risk factors. Factors that may be considered when determining if a risk exists include a previous history of child abduction or has been known to violate a court ordered parenting plan, or if there are known threats or clear intent to illegally abduct a child outside of the country, or if the party is likely to take a child to a country that is not a party to the Hague Convention, or if the party has forged or presented misleading or false evidence on government forms or documents in an attempt to obtain travel documents.

Preventative measures which may be utilized as a guideline in protecting children from abduction may include placing the child's name in the Children's Passport Issuance Alert Program, a provision that any U.S. or foreign passport issued in the child's name be surrendered to the court or the petitioner's attorney, that the respondent not apply on behalf of the child for a new or replacement passport or Visa, assessing the need to require a party post a bond, a prohibition that a party may not remove or retain the child in violation of a custody determination.

This law also indicates that violations of the terms of the parenting plan are subject to specific civil or criminal penalties or a federal or state warrant under federal or state laws and may subject the violating parent to apprehension by law enforcement.

Child advocate and lawyer Martin Asatrian commented, "The Florida legislation is a remarkable accomplishment Florida's policymakers achieved in the name of the children of that state. As social and political awareness continues to rise, so too will the outrage of having a child abducted across international borders. It is my hope that not only will the public have a deeper, more compassionate understanding of what both child and targeted parents of abduction must face, but more importantly, it is my hope that lawmakers in other states will demonstrate the courage and wisdom similar to what Representative Rouson and Senator Sobel demonstrated. Clearly, prevention is key to protecting our nation's children."

In closing, Carolyn Ann Vlk stated, "Parental child abduction cases can become very costly especially if search and rescue efforts become necessary. I anticipate that there will be less need for law enforcement involvement if risks are identified and preventative measures are implemented. The State of Florida now has additional capabilities to protect children from becoming victimized and to conserve our state's financial resources. However, the problems of international parental child abduction that need to be addressed as a nation are significant. I look forward to participating in dialogue and action that will better protect our nation's children, including co-drafting new legislation that will close loopholes related to travel documentation requirements for children traveling under the Western Hemisphere Travel Initiative."

For more information on international parental child abduction please visit www.chasingthecyclone.com

Florida Child Abduction Act Passes Unanimously Senate and House Floor Votes

Today members of Florida’s Senate joined the members of Florida’s House of Representatives in demonstrating great leadership by passing unanimously Florida’s groundbreaking ‘Child Abduction Prevention Act’ sponsored by child advocates Representative Darryl Rouson (St. Petersburg) and Senator Eleanor Sobel (Ft. Lauderdale). HB 787 will become law once Governor Crist signs the bill, as he expected to within the next few days.

On a House floor vote that occurred yesterday, HB 787 passed unanimously with 115 ‘Yeas’ to 0 ‘Nays’. Today, the Senate unanimously passed the legislation with 38 ‘Yeas’ and 0 ‘Nays’ votes.

Representative Darryl Rouson, who sponsored and guided the landmark legislation through the House of Representatives said, “Our children in the state of Florida have every right to be protected from any and all forms of abuse. The ‘Child Abduction Prevention Act’ will in fact protect our children from the abuse associated with the criminal act of child stealing. With an estimated 16,000 international child abductions alone in our country last year – a number that is growing at 40% per year - how could we as lawmakers not act expeditiously in order to protect our state’s and nation’s future: our treasured children? We simply cannot. It required a great deal of work, but today we now wait for Governor Crist’s signing of this bill into law. I say with great pride that the lawmakers of the great state of Florida realized the importance of this law and acted unilaterally for the best interest of the children of our state.”

Carolyn Ann Vlk, the ‘Child Abduction Prevention Act’ bill author, stated, “Today is a wondrous day! What began as not much more that a mother’s dream is now almost a reality. When I began writing Florida’s ‘Child Abduction Prevention Act’ it was my greatest desire that my home state put into place child abduction prevention legislation that could be utilized as precedence for other states. As soon as Governor Crist signs the proposed legislation into law, we will have that ability. Words cannot adequately express my appreciation for the bipartisan support exhibited while working together in creating legislation to protect all children. This is a moment I have long awaited and showcases democracy at its finest. What an outstanding day for the children and families of Florida.”

According to leading experts and advocates who focus in the area of parental child abduction, prevention law is critical. Outspoken children’s advocate and author of ‘Chasing The Cyclone’, Peter Thomas Senese, one of the bill’s lead advocates, added, “Child abduction prevention laws are a necessity and an integral part of each state’s ability to protect the best interests of their children-citizens who are at risk of abduction. Without a court’s ability to consider risk factors associated with a potential threat of abduction combined with the capability to act in ways that would prevent this crime from happening, the growing malignant plague of international parental child abduction that has silently swept through our nation will continue to increase. What is at risk as a nation is the disappearance of our most precious commodity: our children. And with international parental child abduction growing at approximately rapidly, laws such as Florida’s ‘Child Abduction Prevention Act’ will be our nation’s first line of defense against international parental child abduction. I suspect that many states that do not have preventive laws have now watched the great leadership Florida’s legislators demonstrated today. As a successful Chasing Parent who knows all too well the horrors associated with chasing the cyclones of international parental child abduction, I am deeply pleased in the knowledge that parents and their children who will come after me will benefit from the extensive effort put forth. No child or parent should ever have to know what it is like to have one parent attempt to steal and disappear with your child. This law will prevent much of this from happening. And I want to add that so much thanks must be extended to the amazing writer and spirit of the legislation, Carolyn Ann Vlk, and to Representative Darryl Rouson and his legislative aide Henry Moseley, Senator Eleanor Sobel and her legislative aide Nick Matthews, and the rest of the team that put their hearts, spirit, and best effort into guiding the passage of this what we expect to be an incredible law. Today is a great day for not only the children of Florida, but children our entire nation.”

If signed by child advocate Governor Crist as expected, HB 787 – The ‘Child Abduction Prevention Act’ will go into effect on January 1st, 2011.

Carolyn Ann Vlk concluded, “As the bill’s author, I would like to share with the people of my state that none of this would have been possible if it were not for Representative Darryl Rouson. He is a champion of our children. And Senator Eleanor Sobel acted in great ways to protect the children of our state. I want to thank each of them, along with their respective legislative aides, Henry Moseley and Nick Matthews, for all they have done.”

For more information, please visit:
www.floridachildabductionpreventionact.info
www.chasingthecyclone.com