Peter Thomas Senese's critically acclaimed novel 'Chasing The Cyclone' has been hailed by readers and critics alike as a call-to-arms against international parental child abduction as well as a book of miracles and heroes. 'Chasing The Cyclone' has not only been critically reviewed in the literary community, but has entertained and educated readers around the world about the pandemic known as international parental child abduction.
Peter Thomas Senese: "Illegally Obtained Child Passports At Core Of International Parental Child Abduction And Demonstrate Well-Planned Schemes of Kidnappers."
The abduction of three year old Luke Turner sounds the alarm of several serious concerns regarding a parent and a nation's ability to protect children from abduction.
Of noteworthy concern are the following issues:
1. The abducting father was able to obtain a valid passport for the child by allegedly forging passport documents on behalf of the child's mother.
2. The Amber Alert that was issued failed to reach the Canadian Border Control, and was limited to only several states. Thus, creating concern over how local, untrained law enforcement charged with abduction cases may handle concern over illegal border exits based upon either a parent obtaining a valid passport under fraud, or, by traveling to an adjacent border (Mexico or Canada), or by traveling abroad by sea via a cruise ship under the existing Western Hemisphere Travel Initiative policy which requires a minor under 16 years of age to cross the bordre by land or sea by presenting a photocopy of a naturalization document.
3. The physical and potentially life-threatening lenght an abductor may go to cause the targeted other parent grave harm.
4. Concerns over international parental chld abduction associated to dual passports and the inability of countries to effectively safeguard against abduction when a taking parent has in their possession a passport for their child issued by another nation (this occurs when that parent is a citizen of another country, which is always the case in multinational relationships).
Luke Turner's abduction highlights many immediate challenges and grave concerns targeted parents of abduction are going to face as the summer approaches. Knowing the warning signs of international parental child abduction is critical. .
As stated by Detective Commander Jeff Satur, Mrs. Turner was not aware that Luke had an American passport. According to U.S. law, both Mr. and Mrs. Turner were required to sign the passport application for their child. Clearly this did not happen, as the notion of abduction to Canada was initially not considered by law enforcment because Mrs. Turner did not know of the passport.
In a similar case of international parental child abduction case that utilized illegally obtained passports the I CARE Foundation was heavily involved in and played a key role in reunification, another Colorado mother had her two-year old son abducted to the not-so-cooperative non-Hague Convention country of Nigeria last year.
At the time of her son's abduction, the child's father had illegally obtained a valid U.S. passport for the child by forging the mother's signature on the passport application. Then, under the guise of a weekend visitation, the father, who lived in Colorado, but possessed dual citizenship, fled to Africa.
Through great effort and cooperation from key individuals in Nigeria, the child was returned to the United States. Seargent Paul Cortapasso, based out of New York, and who assisted the I CARE Foundation during the reunification process said, "It is very troubling to see how these illegally obtained passports for children are being obtained with relative ease and are unknown to the targeted parent. The parallels between the two Colorado mothers and how the abductor was able to leave the country present a serious concern for society, particularly now as the summer months approach and abduction rates dramatically increase. I will never forget the sense of happiness I felt seeing the young child when he was returned from Nigeria."
Clearly, the key to stopping child kidnappings is to prevent it from happening in the first place.
One of the things we can do is modify the Western Hemisphere Travel Initiative policy so that all children traveling abroad, regardless if they are traveling by land, sea, or air, must present a valid passport.
In addition, we must create a stronger verification system in place when passports are being requested for children.
In the United States, one immediate remedy all parents concerned with possible child abduction can do is place their child on the U.S. Passport Issuance Alert Program.
Dual Citizenship And International Child Abduction
Many U.S. citizen children who fall victim to international parental abduction possess dual nationality. Being aware of the child's other parent's possession of a secondary passport issued from that parent's country of origin is critical in preventing abduction because children abducted abroad usually travel outside of the country on their foreign passport. Preventing the issuance of your child's secondary passport to a foreign country is possible, but not guaranteed, based upon the country of origin of the child's other parent and their laws. Nevertheless, it is important to strongly note the majority of international parental child abductions that occur are carefully planned schemes that attempt to catch the targeted parent off guard. A parent intending to snatch a child may use an assortment of reasons in order to obtain the secondary passport. Certain countries require signatures of both of the child's parents, while many require only the signature of the parent that possesses citizenship to that country.
In scenarios where only the parent who possesses citizenship to the country the child has a right to secondary citizenship to can apply for their child's passport, the grave risk and reality is that if abduction is planned, the abducting parent will attempt to conceal the existence of the secondary passport from the other parent. Additionally, in cases where dual signatures are required, it is possible that the taking parent can fraudulently submit the other parent's signature to the passport bureau of the other country as generally there are limited documentation controls in place set up to validate the application request.
Of troubling concern is the fact that the United States does not possess border exit controls, thus there are limited ways to ensure that a child departing the country is doing so without violating a custody order. Granted, there are certain government programs that exist that have worked extremely well, such as the Prevent Departure Program; however, there are restrictions to such programs such as the Prevent Departure Program, including that a person considered to be a high-abduction risk cannot possess a right of American citizenship. Thus, if a parent who is planning to abduct a child possess dual citizenship, they cannot be placed on the secure screening list established to protect against international kidnapping. Additional difficulties abound, including the reality that a U.S. court has limited authority in obtaining records from a foreign embassy or consulate to determine if a parent has requested or obtained secondary passports for a child.
While the Department of State will make every effort to avoid issuing a U.S. passport if the custodial parent has provided a custody decree, the Department cannot prevent embassies and consulates of other countries in the United States from issuing their passports to children who are also their nationals.
All is not lost if you act thoughtfully. For example, you can ask a foreign embassy or consulate not to issue a passport to your child. On numerous occassions I or one of the attorneys associated with the I CARE Foundation have accompanied a targeted parent and personally visited a foreign embassy or consulate and requested that a secondary passport not be issued in the name of the child due to an abduction threat.
If traveling to an embassy or consulate is not a possibility, I suggest you contact the consulate, locate a supervisor who oversees their passport issuance program, and speak to them about your concern for abduction and specifically state you do not want that country to issue a passport. Immediatly after that telephone call, you must submit a written request, along with certified complete copies of any court orders addressing custody or the overseas travel of your child you have. From experience, I strongly suggest you also include your marriage certificate, your child's birth certificate, and any other relevant documentation that establishes your marriage or legal partnership and establishes that you are the parent of the child or children. In your letter, inform them that you are sendinga copy of this request to the U.S. Department of State.
If your child is only a U.S. citizen, you can request that no visa for that country be issued in his or her U.S. passport. No international law requires compliance with such requests, but some countries will comply voluntarily.
With respect to your requests to a foreign country, there is one thing I would like to share from experience: you are likely to get more cooperation at times if you or your legal representative schedule an appointment in person. This is something I have seen first-hand in my capacity as a director of the I CARE Foundation.
But what is dual nationality?
The concept of dual nationality means that a person is a citizen of two countries at the same time. Each country has its own citizenship laws based on its own policy. Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. citizen parents may be both a U.S. citizen and a citizen of the country of birth.
A U.S. citizen may acquire foreign citizenship by marriage, or a person naturalized as a U.S. citizen may not lose the citizenship of the country of birth.U.S. law does not mention dual nationality or require a person to choose one citizenship or another. Also, a person who is automatically granted another citizenship does not risk losing U.S. citizenship. However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship.
Intent can be shown by the person's statements or conduct.The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad. The country where a dual national is located generally has a stronger claim to that person's allegiance.
However, dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries. Either country has the right to enforce its laws, particularly if the person later travels there.Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport does not endanger U.S. citizenship.Most countries permit a person to renounce or otherwise lose citizenship.
Information on losing foreign citizenship can be obtained from the foreign country's embassy and consulates in the United States. Americans can renounce U.S. citizenship in the proper form at U.S. embassies and consulates abroad.
Two Parent Signature Law for a Passport
As stated earlier, The United States does not have exit controls on its borders for holders of a valid passport. This makes preventing a passport from being issued to your child without your consent very important. Generally, if your child has a passport, it can be difficult to prevent the other parent from removing the child to another country without your permission.
U.S. law requires the signature of both parents, or the child's legal guardians, prior to issuance of a U.S. passport to children under the age of 16. To obtain a U.S. passport for a child under the age of 16, both parents (or the child’s legal guardians) must execute the child’s passport application and provide documentary evidence demonstrating that they are the parents or guardians. If this cannot be done, the person executing the passport application must provide documentary evidence that he or she has sole custody of the child, has the consent of the other parent to the issuance of the passport, or is acting in place of the parents and has the consent of both parents (or of a parent/legal guardian with sole custody over the child to the issuance of the passport).
EXCEPTIONS:
The law does provide two exceptions to this requirement: (1) for exigent circumstances, such as those involving the health or welfare of he child, or (2) when the Secretary of State determines that issuance of a passport is warranted by special family circumstances.
Prevent Departure Program
Since 2003, United States citizens have had available a very effective international child abduction prevention tool called ‘The Prevent Departure Program’. Unfortunately, many parents at risk of having their child internationally abducted are not aware that this incredibly useful tool is available to them.
In the aftermath of 911, the Department of Homeland Security’s ‘Prevent Departure Program’ was created to stop non-U.S. citizens from departing the country. The program applies to non-US citizens physically located in America considered individuals at risk of child abduction. The Customs and Border Protection (CBP) oversees this program and it is monitored 24 hours a day.
What the ‘Prevent Departure Program’ does is provide immediate information to the transportation industry, including all air, land, and sea channels a single point of contact at Customs and Border Protection (CBP), and provides a comprehensive database of individuals the United States believes may immediately depart to a foreign country.
The program only applies to aliens, and is not available to stop U.S. citizens or dual U.S./foreign citizens from leaving the country.
Under Section 215 of the ‘Immigration and Nationality Act’ (8 U.S.C. 1185) and it’s implementing regulations (8 CFR Part 215 and 22 CFR Part 46), it authorizes departure-control officers to prevent an alien’s departure from the United States if the alien’s departure would be prejudicial to the interests of the United States. These regulations include would-be abductions of U.S. citizens in accordance to court orders originating from the child’s court of habitual residency.
If the abductor and child are identified, they will be denied boarding. In order to detain them after boarding is denied, there must be a court order prohibiting the child’s removal or providing for the child’s pick-up, or a warrant for the abductor.
In order for an at risk parent to participate in the program, all of the following must be demonstrated:
1. Subject may NOT be a US citizen; and,
2. The nomination must include a law enforcement agency contact with 24/7 coverage; and,
3. There must be a court order showing which parent has been awarded custody or shows that the Subject is restrained from removing his/her minor child from certain counties, the state or the U.S.; and,
4. The Subject must be in the US; and,
5. There must be some likelihood that the Subject will attempt to depart in the immediate future.
With respect to the established guidelines listed above, note that in order to request the listing of the other parent, that person must be an alien of the United States. The program does not apply to US citizens at risk of leaving the country.
The second mandate states a request to place an individual’s name on the Prevent Departure Program must include support by a law enforcement agency or from the Department of State’s Office of Children’s Issues, which has the authority of requesting for the Department of Homeland Security to list a suspected child abductor on the ‘Prevent Departure Program’.
The third criteria: possessing a custodial order, is essential. Regardless if the other parent has joint custody or rights of visitation, critically, you must make sure that there are injunction orders in place prohibiting the child from being removed from the jurisdiction of habitual residency. Unfortunately, many international parental child abductions are well planned out in advance of the actual abduction, and the targeted parent has no idea that an abduction is in progress until it is too late. This is why it is essential for parents in partnership with non-nationals to be fully aware of the warning signs associated with a potential international child abduction.
The fourth criteria states the obvious: in order to prevent an alien-parent suspected of abducting a child on U.S. soil, that parent must be on U.S. soil.
The fifth criteria requests that the applying parent demonstrate that the alien-parent has demonstrated the likelihood of abducting the child across international borders in the immediate future. Remember – you need to document and record as much evidence as possible.
For many parents who face the risk of having their child abducted and removed across international borders, the nightmare that both targeted parent and victimized child face is unbearable.
The Prevent Departure Program is not for everyone and should not be abused; however, in situations where an abduction threat is real and the targeting parent intent on abducting a child is a non-US citizen possessing the capacity to breach court orders and abduct a child of a relationship, the Prevent Departure Program may be a useful tool.
The I CARE Foundation has assisted many families in crisis who are at risk of having a child internationally abducted from the child's country of jurisdiction based upon one of the child's parent's scheme to remove the child by obtaining a secondary passport. In many of these cases, the targeted parent did not know that the other parent already possessed a secondary passport for their child. In cert
ain situations the parent possessing a right of citizenship to another country did not need the other parent's signature, and in other cases, a passport signature of the targeted parent was forged on the foreign passport application for the child.
Targeted parents and attorneys overseeing an abduction prevention case need to be aware that when there is an abductin concern that they should immediately contact the consulate where the child's other parent is a national of and request if a passport has been issued in the child's name. There are times when the consulate or embassy may provide this information. Often this is not the case.
In all cases where a secondary passport is a concern, one of the legal strategies the attorneys associated with the I CARE Foundation have successfully implemented is to seek an emergency order from the court possessing jurisdiction of the child whereas, the petition requests that 'responding parent' (parent believed to planning an abduction) provide formal documentation from the consulate or embassy of their country of origin that grants the consulate or embassy permission to answer a court subpeona concerning the issuance of a passport (the consulate or embassy is not required to do so even if a subpeona is issued), or, that the court order the responding parent to provide an official letter from their country of origin stating that neither a passport for the child has been issued from that country and no application for a passport has been submitted.
During the emergency application, the targeted parent (the 'applicant') has sought a host of measures, including seeking for the court or the applicant to take possession of the child's American passports; and, for the child being placed on the United States Passport Issuance Alert Program; and, for either removal of child access or limited, supervised access of the targeted child by the parent suspected of child snatching. If the Prevent Departure Program is applicable, attorneys have previously sought for the court to request that the U.S. Department of State petition the U.S. Department of Homeland Security place a person considered a high-risk child abductor on the secure screening list to ensure that person does not travel outside of the country with the child unless permitted to do so by court order.
Obviously there are many other steps that can be taken, but one I think worth sharing is the concern that a parent traveling by land or sea across international adjacent borders (For the United States this means travel to Canada, Mexico, or certain Caribbean island-nations) with a minor under 16 years of age does not need to present a valid passport for their child at the border-crossing (valid passports are required for all travelers regardless of age only when traveling abroad by aircraft) as established by the Western Hemisphere Travel Initiative. Thus, a parent planning to abduct a child could do so by boarding a closed circuit cruise, or by simply driving across the border. It is critical that an attorney attempting to prevent abduction familiarize themselves with the Western Hemisphere Travel Initiative loopholes and present these issues to the court they are litigating over. One other good idea is that they present to the court the statistical realities of child abduction return, including whether a country that appears to be a likly inbound country is a member of the Hague Convention, and whether or not they are a complying country. Of course, that's not all that should be presented to the court. A few other important issues include the potential for severe abuse to the child; and, the severe abuse to the targeted parent, the cost to litigate; and, the ability for the taking parent to disappear abroad, including departing the country they initially 'landed' in, and travel to another country; and finally, the likelyhood that a child will be returned.
One little word of advice: the majority of parents who have had their child abducted never saw it coming. Do not stick your head in the ground and think this cannot happen to you. Educate yourself.
This past week the I CARE Foundation had a busier week than usual trying to assist targeted parents prevent the abduction of their children. In fact, Friday alone included three separate international parental child abduction prevention cases that we directly were involved in litigation with, and one case where we provided important counsel and advice.
None of these cases are easy. All of them however have two elements that keeps us focused on why we advocate the way we do: the innocence of children is worth protecting at all costs, and, when a war called international parental child abduction can be averted, we know first-hand that all parties involved will be spared significant casualties.
On a personal note, I am very pleased to have been able to help a wonderful parent and an incredible family yesterday who was gravely concerned about an abduction threat. Seeing my friend hold his children in his arms made all the personal sacrifice required this week well worth it. Words cannot express the joy I felt yesterday walking in my friend's home . . . with his children.
And should my friend who I accompanied yesterday ever read this, I want you to know how proud I am of you.
On a separate but relevant note, the first quarter of 2013 is shaping up to be a very busy one with respect to international parental child abduction prevention cases. The I CARE Foundation's intake of prevention cases is at 40% of the 2012 case load: clearly more parents are acting in preemptive ways in order to stop an international kidnapping before it happens. This is very important news as it may represent - I hope - that the number of reported abductions may drop again this year the way it declined in 2012 (A 15.3% decline in reported cases during 2012).
There is no question that the I CARE Foundation's along with other organizations' messages concerning international parental child abduction prevention is working. The number of reported kidnappings is dropping while the number of abduction prevention cases is increasing.
New Film On International Parental Child Abduction To Share I CARE Foundation Research
The concerns regarding international parental child abduction are excessively more grave than what has previously been reported. Over the past few years members of the I CARE Foundation have conducted extensive research in the area of parental child abduction. Our work continues.
I am very pleased to confirm that I will be producing on behalf of the I CARE Foundation and Pacifica an upcoming feature documentary film 150,000 Internationally Kidnapped Children focuses on the cataclysmic growth of international parental child kidnapping in the United States, Canada and abroad. The film will dissect why the hideous crimes against innocent children has reached pandemic levels that have claimed so many lives and what can be done to prevent abduction, while also offering solutions that should be implemented that can help current child-victims of cross-border kidnapping.
The film's title 150,000 Internationally Kidnapped Children originates from a widely distributed and cited study titled Crisis In America written by renown child advocate Carolyn Vlk (a member of the Board of Directors of the I CARE Foundation, and a member of the Special Advisory Board of the Amber Watch Foundation) and myself. 150,000 Internationally Kidnapped Children is the average weighted forecast of that takes into consideration how many children living in The United States, Canada, and Mexico are anticipated to actually be internationally parentally kidnapped over the next ten years.
The film will bring viewers into several intriguing parental child abduction cases, through the legal system available to targeted parents and children, the psychological trauma of kidnapping and its affects, and eventually above a microscope looking at the government agencies and their existing policies responsible for protecting children. Paramount to the film's direction is the intent to offer new solutions to a serious social problem that in the United States alone is expected to cost the American economy over Six Billion dollars over the next decade.
150,000 Internationally Kidnapped Children will also focus on how children of both parental and stranger-abductions are easily removed from one nation's border to another under existing policies in North America, and particularly in Europe.
The I CARE Foundation and several of it's Board of Director members have been studying key aspects of international parental child abduction for some time. 150,000 Internationally Kidnapped Children will include substantial data and information based upon these unique and groundbreaking studies. Studies and information, I might add, that I fully expect will change the landscape of abduction prevention. Which is, by virtue, the mission of the I CARE Foundation.
And of course, I am thrilled to once again be working and writing with Carolyn Vlk, who is one of the brightest and most knowledgeable persons concerning abduction that I know. In the past, Carolyn Vlk and I produced the important educational documentary film series Chasing Parents: Racing Into The Storms of Child Abductionthat has come to benefit many targeted parents from around the world, as well as our publication of the most up-to-date resource guide on child abduction prevention and reunification titled The World Turned Upside Down. For those of you who do not know Ms. Vlk, she has quite an impressive history fighting for children, including being a board member of the I CARE Foundation and a member of the Special Advisory Board of the Amber Watch Foundation.
As a storyteller deeply familiar with the world of child abduction, it is my personal hope that this film will not only raise awareness of parental abduction so targeted parents may act to protect their families, but it is my aspiration to also provide keen social insight into the horrors that exist so our lawmakers will move on new laws and policies that will help protect children in a similar manner that we accomplished through passage of Senate Resolution 543, the State of Florida's Child Abduction Prevention Law, the State of New York's and the State of California's criminal Cyber-Impersonation and Cyber-bullying laws, and the implementation of the highly effective abduction prevention tool - the federal Prevent Departure Program by the Department State in conjunction with the Department of Homeland Security.
150,000 Internationally Kidnapped Children will be released during the late Spring - early Summer, 2013.
Similar to all projects associated with my work as a child advocate and steward raising awareness of child abduction, the 150,000 Internationally Kidnapped Children film is personally funded through charitable donations from my business holdings.
Attorney Joel Walter, who is a member of the I CARE Foundation's board of directors and one of the best litigators I know, and who, over the course of many years, has represented many professional athletes and entertainers, and who is intimately involved in the upcoming production recently wrote, "The research on abduction the I CARE Foundation has and continues to conduct is critical to the fight to save children of kidnapping. In Mr. Senese's upcoming 150,000 Internationally Kidnapped Children film, the work of the I CARE Foundation will act as the story's rudder, guiding the narrative into a solution-oriented universal message. On a personal note, I continue to be flawed at the deep committment of Mr. Senese, including using a tremendous amount of his personal resources, in our fight to help families in crisis. As a critically acclaimed storyteller and one of the most committed and published child advocates around, combined with the data drawn from the I CARE Foundation's research, we expect 150,000 Internationally Kidnapped Children to become a socially important and influencial film. We are excited to begin production. All the resources required are in place, and the story we're about to tell will shock the world."
If you are a parent who has been or is presently targeted to have your child internationally abducted, or if you have been previously abducted and would like share your story, or provide insight into abduction and trafficking, please contact Maria at at the I CARE Foundation.
The International Child Abduction Research and Enlightenement Foundation (herein referred to as 'The I CARE Foundation') is dedicated to assisting children and their families from the horrible and inhumane crimes of malicious international parental child abduction (herein referred to as 'IPCA'). For clarity and understanding, IPCA is a criminal act of kidnapping under federal and national laws in the United States, Canada, and elsewhere.
Part of the I CARE Foundation's mission is to conduct research in the area of IPCA, publish our findings, and use our findings to help guide new public policy that will benefit at-risk children and their families.
But what is it that we are really fighting against?
There are multiple facets to this answer, but all surround around the intent to prevent high-caliber child abuse, and this includes fighting against child-murder (filicide), and tragically, suicide my adults who were previously child-victims of IPCA.
It is important not to forget that children who are victims of IPCA are in fact crime victims - and crime victims of kidnapping. The reality that they are victimized by a parent expotentially magnifies the trauma and abuse, as demonstrated by Dr. Nancy Faulkner's highly distributed report stating that parental child abduction is child abuse. Dr. Amy Baker, who is one of the world's leading experts on parental alienation, not only reiterates the abuse of alienation and its widespread tenticles during international parental child abduction in her brilliant publication 'Adult Children of Parental Alienation Syndrome', but further states that alienation and abduction cause for a child to lose their identity and in doing so, lose themselves, thus developing alarming long-term side affects of IPCA trauma.
Filicide has been an alarming issue that has recently become brought to society's attention due in great part to the work of Dr. Phillip Resnick, director of forensic psychiatry at Case Western Reserve University, who is one of the world's leading experts on filicide. However, up until now, there have been no published reports on IPCA and suicide though an assortment of surveyed therapist who specialize in IPCA have expressed alarm over the existence of adult suicides by IPCA child-victims.
Now, IPCA is not a new phenomena; however, it is one that over the past 20 years has grown dramatically and has by the very nature of the number of abductions here in the United States, in Canada, and worldwide become a frightening epidemic that is undeniably destroying many lives.
The I CARE Foundation's efforts as an organization dedicated to conducting research and studies in the area of IPCA is critical to society today particularly since there has been limited new studies conducted despite the reality that it is expected that as many as 100,000 to 125,000 American and as many as 20,000 Canadian children will be victims of IPCA.
Sadly, we are deeply concerned about IPCA and filicide - when a parent murders their child. Previous studies conducted, including those conducted by the RCMP have demonstrated that the instability of a parental child abductor is severe, and that children of abduction have been murdered by their parent because of the irrational and dangerous thinking connected to abduction that "If I can't have my child, then nobody will."
How widespread is filicide? Several hundred children each year will be murdered by their parents each year in America, and proportionately, the number of Canadian children victims are on par with the population ratio of American to Canada.
After much discussion with leading therapist who specialize in IPCA, filicide, suicide, and family crisis issues, and having these mental health specialist express great, universal concern with respect to IPCA and suicide, the I CARE Foundation will be overseeing a new study that focuses on post-child abduction and suicide from targeted children.
Of great concern is the fact that many reported psychological conditions that exist with individuals who have committed suicide have been reported to exist with individuals who have been previously abducted or abusively alienated by a parent.
The I CARE Foundation will be providing updates on this issue: however, one thing is certain, and that is that there appears to be a clear correlation between suicide and IPCA.
Lastly, if you are a parent considering abduction, please do not. The effects on your child are long-lasting and severe.
During the Christmas Holiday Season many children are internationally abducted in accordance to international law because they are illegally and wrongfully detained in a foreign country without one of the child's parent's permission.
If this has happened to you and your child, you must first realize that the abduction was a well-planned scheme orchestrated by lies, deceit, and assistance by others, more thank likely the abductors friends and family members in the inbound country your child is presently being wrongfully detained. In addition, there is the possibility that the abductor also received assistance from other family and friends in the country of original jurisdiction (your home country) where the child lived.
Now, before I go any further, I will say this: you need to pay attention to every detail and keep records of everything that transpires.
If you are presently in a foreign country where your child is presently being detained and you have no access to your child because the abductor has cut off ties with you, I reiterate that you must be very careful and remind yourself that you and your child were targets of a well-planned scheme. You must seek immediate assistance from a local lawyer familiar with family law matters in that country, and, you must seek assistance available to you under the rules of law, including the Hague Convention on the Civil Aspects of International Child Abduction.
For a list of countries who are signatory members of the Hague Convention, please click here.
Regardless if your child was illegally detained in a foreign country with or without you being in that country, there are critical steps that I suggest you must do, as outlined below.
THE MOST IMPORTANT THING TO REMEMBER IS NOT TO WASTE TIME.
THE SECOND MOST IMPORTANT THING TO REMEMBER IS THAT ANY COMMUNICATIONS MADE BY THE ABDUCTOR MORE THAN LIKELY WILL BE USED TO EITHER HURT YOU OR TRY TO SHOW THAT YOU HAD OR HAVE CONSENTED TO THAT PERSON'S 'RELOCATION', AS THEY TRY TO SUGGEST YOU SANCTIONED THEIR NO-RETURN. THUS BE VERY CAREFUL!
When you believe that your child or children have been abducted by either their other parent or a non-stranger, you must remember that time is a precious commodity you do not have.
You must act efficiently, thoughtfully, and purposefully with respect to all efforts that you are about to put forth in recovering your child. Of utmost importance is the fact that you need to know everything that everyone involved in your child’s recovery is doing. Critically, you must stay calm, stay alert, immediately contact law enforcement, and immediately contact a lawyer familiar with familycustody law.
1. Never give up HOPE that you will find your child or children no matter how long and difficult the road you have to journey on is.
2. URGENTLY, if you are a citizen of the The United States, immediately contact the United States Department of State –Office of Children’s Issues. They can be reached at 202-736-9090 or at 888.407.4747. If you are presently in the foreign country that your child was illegally detained, then immediately contact the United States embassy in that country, and schedule an emergency appointment seeking their assistance.
If you are from Canada, contact the Justice Legal Services in Ottawa at 613.996.1300 or 613.992.6300. If you are presently in the foreign country that your child was illegally detained, then immediately contact the Canadian embassy in that country, and schedule an emergency appointment seeking their assistance.
4. IMMEDIATELY contact your local police and your local branch of the FBI (in Canada, the RCMP) and share with them all the details that support your belief that your child’s abduction is imminent or in progress.
Do not wait to file your police report!
Make sure you have as much evidence to support your claim as possible, including any witnesses that can support your claims. While sharing this information with the police, make sure that you file a missing child report immediately.
This report is important as it allows the police to place a description of the child who is missing on the FBI’s National Crime Information Center (NCIC) database, (and in Canada the Canadian Police Information Centre {CPIC} computer system) so all police forces in the United States (and likewise, in Canada) will know the child is missing.
The police should notify border crossing and all ferry, rail, airport facilities. If there is any hesitancy on their part to do so, under all circumstances demand that all border crossing locations and transportation companies (ferry services, airlines, etc.) are notified, and that all travel manifests are immediately reviewed. If you suspect parental or non-stranger abduction, provide the police with a photo of the suspected abductor, an address, telephone number and any other pertinent information about that person.
In addition, so long as you have a custody order decree from the courts, law enforcement can seek to press charges of aiding and abetting against any individual who may have assisted the abductor with their kidnapping scheme. Recently, Senate Resolution 543 (SR543) that was unanimously passed in the Senate on December 14th, 2012 resolved that our nation and all applicable agencies involved in child abduction prevention and reunification do whatever they can to assist a targeted child. This means that under the reach of criminal law, and if there is enough evidence to support a case of aiding and abetting, a criminal complaint must be filed with the authorities.
5. In all scenarios, it is strongly advised that you hire a lawyer familiar with international child abduction. It is critical that emergency legal applications are made to the court of jurisdiction that request for the court to issue to you the following:
A) Temporary Full Custody of your child or children.
B) A Return Order for your children demanding that the other parent return them to the court of jurisdiction by a specified date.
In addition, laws in many states give judges authority to issue a 'pickup' order for the child to prevent an imminent abduction or harm to the child. Pickup orders go by different names, including 'warrant to take physical custody of a child' and 'warrant in lieu of a writ of habeas corpus'.
6. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), in effect in most states, provides an emergency ex parte proceeding for getting a law enforcement directed pickup order (in conjunction with a custody enforcement order) when abductions or serious physical harm to a child is imminent. If the requirements are met, a judge should issue an order directing law enforcement to pick up the child and to serve notice of the custody enforcement proceedings.
7. If you believe your child's safety is in danger, and you have credible evidence that your partner is intending to imminently take your child and abduct to another country - file an emergency ex parte motion in court immediately, and make sure you or your lawyer notify your local law enforcement that you are filing an emergency motion before the court.
8. When possible, you and/or someone you trust should stay in close physical proximity of the child. Consider hiring a seasoned private investigator to monitor the movements of your spouse and child.
9. STAY CALM. Contact neighbors, friends, spouse, siblings and anyone who may know where your child may be. Invite a friend or acquaintance with a "calm" manner to be with you.
10. Conduct a telephone search. Call family, friends and relatives who may wish to help. Encourage them to use their telephones to make inquiry calls so your line will remain free for incoming calls. If you have to leave the house, have an answering machine on the line or have a friend or neighbor take incoming calls.
11. Have friends and relatives conduct a basic land search of the neighborhood area while you are making a police report. With family and friends, try to recall the present and past few days of family situations and activities (a recent argument or disciplinary action could be the reason for hiding).
12. Provide the police with the information in your prepared Identification Kit. This kit should include updates clear photographs, foot and fingerprints, birth certificate, medical history, passport, dental records, X-rays, child's name and description including location of scars, birthmarks and any other identifiable data (glasses, braces, earrings, etc.). A videotape or a recent home video of the child may be made specifically for the kit. Try to keep a mental note of what your child is wearing each day.
13. Conduct a complete physical search of your area. Organize a search party of friends and relatives to search areas such as, child's route home from school, community center, friend’s houses, favorite hang-out etc. Be on the lookout for articles of clothing, toys, books other personal belongings scattered on the ground. If found, do not disturb. Contact a police officer immediately.
14. Leave someone at home at all times to answer the telephone in case your child calls.
15. Continue to keep the telephone lines FREE at all times.
16. Continue your search even if there are no immediate results. Follow up for updates on the case by contacting the investigating police officer and the provincial searching agency who registered your child.
17. Solicit media support such as radio, television, local publications and newspapers only at the advice of the police and searching agency involved with the case. Be mindful that once your spouse has illegally taken your child and is on the run, they essentially will act like a fugitive (in many cases they are due to arrest warrants issued by the local court). Typically, a person running from law enforcement is willing to take risks that they might otherwise not be inclined to take under more normal circumstances. These risks can be very concerning, and could potentially place the child as well as the abducting parent in grave and dangerous situations. So, before you solicit help from the media, weigh out the opinions and advice of law enforcement, your lawyer, and your private investigators, if you have hired for these services.
18. Distribute a photograph of the missing child as well as your spouse or ex-spouse who has taken your child.
19. Keep a detailed diary of people and agencies you have contacted and steps you have already taken. Logging the events limits the duplication of efforts and allows a review of inquiries.
20. As I said earlier, hire a local lawyer familiar with local and international child custody law and have your attorney appear before your local court immediately. Share with the court the details of your child’s abduction and all other relevant information to allow the judge to understand the seriousness of the matter. It is critical that you are honest, open, and credible before the court. In simple terms: do not lie, do not fabricate anything, and do not give the court any reason to question your credibility. Tell the good, the bad, and the ugly. Request that the court grant you sole full custody and sole full guardianship of your child or children if you do not already have it. Also request that the court direct your spouse to immediately return with the child to the place of original jurisdiction (if he or she has a lawyer in the jurisdiction, you should be able to serve that person [have your lawyer check on matters of service]. Request that the court issue a ‘pick-up’ order directing police officers to assist you in finding and returning your child to you.
21. If you know your child has been taken to another country, contact the United Stated Department of State – Office Of Children’s Issues and immediately file a Hague Application for the wrongful international abduction and retention of your child.
22. Make sure you monitor all bank accounts and remove all assets that are in joint-tenancy into your sole name.
23. If you are the primary holder on any assets and credit cards, immediately remove your spouse’s name on every account.
24. Immediately contact your credit card companies and put a security alert on all of your credit cards. This will direct the credit card company to request that you show proper identification to the merchant during each time you use a credit card, or, in the event of electronic on line transactions, a representative from the credit card company’s security department will be required to contact you in order to authorize the transaction. Also, make sure you put two password questions and answers (not one – but two), on your bank and credit card accounts in order to prevent having anyone else other than you access your money.
25. Contact all credit reporting agencies and request that you are immediately notified of any credit inquiries, remarks, or additional accounts. Make sure that each agency issues a security alert, directing each requesting credit company to seek additional verifying information that any inquiries or applications made to their company were made by you.
26. Monitor all cell phones of your spouse, and, if possible, have all cell phones, emails, and any other communication devices monitored.
27. Check with your spouse’s friends, family, and acquaintances and see if they were aware of any information that might lead you to locate your child. Typically, a person who is standoffish, might have known of the abductor’s plans, or, has already been influenced by that person, and will be of little help to you. If that occurs, immediately report this to law enforcement investigating the abduction. If the police chose to interview that person, and they lie to law enforcement, they can be criminally charged with a crime.
28. Check in your child or children’s rooms for any hints or clues as to where they might have been taken.
29. Check your ex-spouse or spouse’s personal items for any clues as to where they might have taken your child.
30. If your ex-spouse or spouse has family that live in a foreign country, hire the services of a private investigator in that country to immediately follow your ex-spouse or spouse’s parents and other family members in order to determine where the child has been taken and is located. This very well may be the best set of dollars you will spend. Remember, any recovery actions cannot be taken until your child’s location is known. In many international parental child abduction cases, the abducting parent chooses to go underground with the child, and develops behavior similar to a fugitive on the run (they are fugitives). Typically, they have a support network in place, and the abduction has been carefully planned and enabled through the assistance of family members and friends. Finding and knowing where your child was taken to is the most important action once you know the child has been removed from the country of habitual residency. Without knowing what country your child is in – you cannot file a Hague Application … and you will be spinning your wheels endlessly trying to find out where your child is. One final note on this subject: according to the provisions in The Hague, there exists language that essentially enables a Hague judge overseeing the case to allow for a child to stay with the abducting parent if the abducting parent is able to prove to the court that returning the child to the country of origin would be detrimental to the child’s best interest. One of the techniques commonly used in a Hague defense is to demonstrate that the child or children have adjusted and desires to live in the country they were wrongfully and illegally taken to. In certain situations, a judge may believe that the child or children have settled into their ‘new life’, and that uprooting them would be harmful, and not in the child’s best interest. So – it is critically important for a Chasing Parent to know where the child was taken to as soon as possible and immediately file for the child’s return under the protocols of The Hague Convention.
31. If your child is taken to another country, consult heavily with a lawyer in your local jurisdiction familiar with The Hague Convention, and, make sure you hire a lawyer familiar with The rules of The Hague Convention in the jurisdiction you know your child was taken to.
32. Become familiar with the laws and customs of the country that your child has been taken to.
33. Consult with The National Center For Missing And Exploited Children, the governing agency who acts as The Hague Signatory for your country (in The United States, the U.S. State Department acts as the official Hague representative for The United States Government) and the International Child Abduction Research and Enlightenment Foundation (the I CARE Foundation).
34. Try to keep yourself physically active, eat a healthy diet, and rest on a regular basis.
35. Never give up Hope that you will be reunited with your child.
36. Remember, you must know everything that everyone involved with your child’s recovery is doing. Do not be concerned about any or your actions other than one: finding your child. In essence – do whatever you have to do in order to protect your child – but remember, your actions must not place your child in any harm’s way. That is why it is important for you to consult with the experts – but remember – you must know everything – including as much as possible on family law, and the rules of The Hague Convention.
37. Allow and trust in The Hague Convention on the Civil Aspects of International Child Abduction. The Hague Courts do work!
38. If your child or children have been issued a passport and you have access to it, make sure you hold it and secure it in a safe place. If your child has not been issued a passport, then immediately contact the agency overseeing passport issuances, and appraise them of the present situation. Typically, law enforcement or an officer from the State Department’s Office of Children’s Issues overseeing your Hague Application will do this as well.
39. In the event that your child does not have a passport from the country they habitually lived in, and no passport has been requested or issued by your local government, then make sure that law enforcement contact the local embassy of the country your spouse was originally from, and inform them of the litigation taking place.
40. One of the most important things you can do in the early stages of an international child abduction is to establish friendly contact with the relatives and friends of the other parent, both in your country and abroad. The fastest and most effective way to resolve international child abductions is for the abducting parent to return the child voluntarily. While there may be good reasons for you to believe that this approach won’t work, it is important that the effort be made.
41. Make sure you have a cell phone with you at all times, that it is fully charged, that you keep a charged back-up battery, and a back-up phone charger.
42. If you are traveling abroad to search for your child, make sure you send yourself back-up ‘emergency’ money via Western Union (Western Union is reliable, serves most locations around the world, and funds can be accessed immediately).
43. The 'Prevent Departure Program' is a very affective tool to prevent alien residents physically in the United States from leaving the country either with or without a child. The program is administered by the Department of Homeland Security and was initially created to aide in our the country's national security interests post 911. Essentially and under the purposes of child abduction, an individual would not be able to depart from the United States. For more information on this program, please visit information on this website listed under 'Prevent Departure Program' or click on the following link:
47. Remember, the abductor has been well advised and aided about how to get away with their abduction. They will try to do whatever they can to have it appear that either you are a horrible, dangerous person, and/or that you consented to their travel abroad with intent to relocate. Thus, be very careful of what the abductor communicates with you, and be very leary that any suggestion to have a family member of the abductor mediate an agreement between the two of you in genuine: there is a very good chance it is not.
48. In the United States, it is illegal to operate or hire a recovery agents who essentially reabduct a child taken in another country. It is strongly advised that you follow the rules of law and remember that recovery agents are very costly, you as a client have limited way of validating their activity or expense, and that generally, snatching a child places the child in harms way. Follow the rules of law and trust the courts.
49. Critically, you must be aware that if you are in a foreign country where your child was taken, the other side will do essentially whatever is possible in order for them to remain there, including making false child abuse or police reports against you. One of the most common techniques used for both men and women abductors is for the abductor to make a police report that you threatened their life and that they are concerned about their and the child's safety. This enables them to get a restraining order against you while also laying out ground for an Article 13 Defense of the Hague Convention.
50. It is beyond important that you remember that the abductor committed the crime of kidnapping. Surely, the abductor was aware of their action and legal issues. And it did not matter. They still carried out there plan. And if you are on foreign soil, you should be very cautious that the abductor has been well advised, and knows that it is critical for their abduction defense to make the child abuse or criminal complaint against you. Sadly, many abductors act as predators by luring the partner to the foreign country during Christmas so that they could make criminal complaints against that person while they are there. Be very careful - and seek assistance from your country's embassy.
51. Mobilize your assets.
IMPORTANT ADDITIONAL INFORMATION ABOUT INTERNATIONAL PARENTAL CHILD ABDUCTION:
When it comes to International Parental Child Abduction, there are a few things that are important to realize.
2. Unreported cases of abductionare anticiapted to at least equal the number of reported cases of abduction, and it is beleived that this number could be as high as 150% of reported cases. As an example, in 2010, there ere 1,634 reported cases of IPCA in the United States. Thus, it could be expected that the number of unreported cases of abduction ranged from 1, 634 to 2,451, and that the total number of cases of international parental child abduciton was anywhere from 3,264 - 4,085 cases.
3. Growth of IPCA cases is at least 20% per year.
4. It is forcast that only roughly 10% of all children (reported and unreported) illegally kidnapped come home.
5. International Parentla Child Abduction is a federal crime.
7. The Prevent Departure Program needs to be modified to allow the screening of high-risk child abductors who possess rights of United States citizenship.
In addition, we must create a stronger verification system in place when passports are being requested for children. 
