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sabato 1 dicembre 2012

Fighting Kidnappers and Believing In Miracles


I believe in miracles.

These are not words of wishful thinking.

Far from it.

You see, standing up to would-be child kidnappers intent on internationally parentally child abduct an innocent, defenseless child is not easy.   But that is exactly what I, along with my associates of the I CARE Foundation have successfully done over and over again.  Embracing our social responsibility, we have protected many children.

Due to the ease of abduction, the fact that we have been successful on many occassions to either bring home or prevent a child from being stolen - it is nothing short of a miracle.

In fact, it has been many miracles!

On a personal level, my involvement in fighting against child abduction originated when I found myself Chasing The Cyclone of abduction.  After the storms, I wrote a book that was deeply inspired by my experiences.  Did I mention 'deeply inspired'?  From the publication of Chasing The Cyclone, many miracles have occurred, including the formation of the I CARE Foundation, speaking appearances at numerous government legislative bodies, including speaking on this subject at the United Nations.

And with each of these wonderful children being helped, there is nothing that I can think of that is more rewarding than knowing a child has been protected.

So, we will continue to stand up to kidnappers, and I will continue to financially support the activity of the I CARE Foundation.  The threats that are made from time to time, the personal attacks on character - all the bull-crap that goes with standing up to those who would abuse children - will never have an impact on our spirit, determination, or capability. Ever.

Earlier today I received another beautiful letter from a parent who was a great risk of having their child internationally abducted.

As this particular mother who I am very fond of said, "If it were not for the assistance of several of the I CARE Foundation's team, my child would have been taken and my life ruined forever."

Well, her child was not taken, her life was not ruined, and she can continue with her concentrated studies of becoming a neurologist.  And that is pretty cool because as opposed to this amazing mother chasing the cyclone of abduction into a non-Hague country for her child, she is working on getting that beautiful 'M.D.' so she can one day soon create more than a few miracles herself.

C - I am very happy for you my friend.  And yes, I will take you up on the two slices of pizza and a rootbeer soda!

In case you're wondering why I believe in Miracles - This is why!

One last thing - I think we all have it in us, regardless of where we come from, to be responsible to one another and the world we live in.

Best to all -

Peter Thomas Senese

lunedì 19 novembre 2012

After the United Nations, I CARE Founder Peter Thomas Senese To Speak Before The Hague

From the United Nations to the Hague Permanent Bureau - the I CARE Foundation continues to expand our educational outreach concerning international child kidnapping and trafficking. 

I am very excited to finalize my and the I CARE Foundation's travel plans to the Hague Center For International Justice, and visit with leaders of the Permanent Bureau at the International Peace Palace to discuss various issues, including the findings of various studies the I CARE Foundation has or is presently conducting concerning International Parental Child Abduction.

Our trip will take place this February - I know I speak for all members of the I CARE Foundation when I say the invitation to visit the Hague is a humbling yet deeply rewarding experience.

Step-by-step the I CARE Foundation continues to push the mountain of international parental child abduction back.

Our efforts are continuous; however, I want to take a moment to share that if it were not for the incredible work of those activist and advocates who came before us who worked so hard to raise awareness of abduction and do something about it, we would not be in the position we are today where real changes is possible.  Undeniably, each activist who fights to raise awareness of IPCA, regardless if they are part of an organization or simply acting as an individual trying to make a difference on behalf of children surely are making a difference.  In my eyes - those who came before the work of the I CARE Foundation - and there are many - are remarkable heroes.

Here is a little piece about the Hague.


A WORLD ORGANISATION…
With 72 Members (71 States and the European Union) representing all continents, the Hague Conference on Private International Law is a global inter-governmental organisation. A melting pot of different legal traditions, it develops and services multilateral legal instruments, which respond to global needs.
An increasing number of non-Member States are also becoming Parties to the Hague Conventions. As a result, the work of the Conference encompasses 130 countries around the world.
…BUILDING BRIDGES BETWEEN LEGAL SYSTEMS…
Personal and family or commercial situations which are connected with more than one country are commonplace in the modern world. These may be affected by differences between the legal systems in those countries. With a view to resolving these differences, States have adopted special rules known as "private international law" rules.

The statutory mission of the Conference is to work for the "progressive unification" of these rules. This involves finding internationally-agreed approaches to issues such as jurisdiction of the courts, applicable law, and the recognition and enforcement of judgments in a wide range of areas, from commercial law and banking law to international civil procedure and from child protection to matters of marriage and personal status.

Over the years, the Conference has, in carrying out its mission, increasingly become a centre for international judicial and administrative co-operation in the area of private law, especially in the fields of protection of the family and children, of civil procedure and commercial law.
… AND REINFORCING LEGAL CERTAINTY AND SECURITY
The ultimate goal of the Organisation is to work for a world in which, despite the differences between legal systems, persons - individuals as well as companies - can enjoy a high degree of legal security.
A LONG-STANDING ORGANISATION…
The Conference held its first meeting in 1893, on the initiative of T.M.C. Asser (Nobel Peace Prize 1911). It became a permanent inter-governmental organisation in 1955, upon entry into force of its Statute.
…GOVERNED AND FUNDED BY ITS MEMBERS…
The Organisation meets in principle every four years in Plenary Session (ordinary Diplomatic Session) to negotiate and adopt Conventions and to decide upon future work. The Conventions are prepared by Special Commissions or working groups held several times a year, generally at the Peace Palace in The Hague, increasingly in various member countries. Special Commissions are also organised to review the operation of the Conventions and adopt recommendations with the object of improving the effectiveness of the Conventions and promoting consistent practices and interpretation.
The Organisation is funded principally by its Members. Its budget is approved every year by the Council of Diplomatic Representatives of Member States. The Organisation also seeks and receives some funding for special projects from other sources.
…BASED IN THE HAGUE, CENTRE OF INTERNATIONAL JUSTICE
Activities of the Conference are co-ordinated by a multinational Secretariat – the Permanent Bureau – located in The Hague. The Conference’s working languages are English and French.
The Secretariat prepares the Plenary Sessions and Special Commissions, and carries out the basic research required for any subject taken up by the Conference. It also engages in various activities to support the effective implementation and operation of the Conventions.
In addition to Diplomatic representations in The Netherlands, the Secretariat maintains direct contacts with its Members through designated National and Contact Organs. It also develops permanent contacts with experts and delegates of the Members, with the national Central Authorities designated under certain Conventions, as well as with international governmental and non-governmental organisations, and with professional and academic communities. Increasingly, the Secretariat also responds to requests for information from users of the Conventions.
THE HAGUE CONVENTIONS
Between 1893 and 1904, the Conference adopted 7 international Conventions, which have all been subsequently replaced by more modern instruments.
Between 1951 and 2008, the Conference adopted 38 international Conventions, the practical operation of many of which is regularly reviewed by Special Commissions. Even when they are not ratified, the Conventions have an influence upon legal systems, in both Member and non-Member States. They also form a source of inspiration for efforts to unify private international law at the regional level, for example within the Organisation of American States or the European Union.
The most widely ratified Conventions deal with:
    • The abolition of legalisation (Apostille)
    • Service of process
    • Taking of evidence abroad
    • Access to justice
    • International child abduction
    • Intercountry adoption
    • Conflicts of laws relating to the form of testamentary dispositions
    • Maintenance obligations
    • Recognition of divorces
The most recent Conventions are the Convention on the Law Applicable to Certain Rights in respect of Securities held with an Intermediary (2006), the Convention on Choice of Court Agreements (2005), the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance together with the Protocol on the Law Applicable to Maintenance Obligations (2007).
Cross-border mediation in family matters, choice of law in international contracts, accessing the content of foreign law and the possible need for the development of a global instrument in these areas are also on the agenda, together with, without priority, the following topics: questions of private international law raised by the information society, including electronic commerce, conflict of jurisdictions, applicable law and international judicial and administrative co-operation in respect of civil liability for environmental damage; jurisdiction and recognition and enforcement of decisions in matters of succession upon death and questions of private international law relating to unmarried couples; as well as assessment and analysis of transnational legal issues relating to indirectly held securities and security interests, taking into account in particular the work undertaken by other international organisations.
Furthermore, the Permanent Bureau has undertaken feasibility studies on the treatment of foreign law, cross-border mediation in family matters, the choice of law in international contracts. The Permanent Bureau also continues its exploration of the possibility to apply certain techniques it has developed in the area of international co-operation to aspects of international migration.
EDUCATION AND EXCHANGE
With the aim of harmonising the implementation of the Conventions, the Secretariat organises, assists in organising and participates in conferences and seminars held at international, regional and national levels to educate the various persons involved in the implementation of the Conventions, including judges, Central Authority personnel and members of the legal profession. A judicial newsletter on international child protection is also published. The Permanent Bureau is regularly visited by groups of interested persons such as parliamentarians and students. An increasing number of stagiaires, as well as civil servants seconded by their Governments, spend time working within the Secretariat. Members of the Permanent Bureau regularly publish articles in learned journals and contribute to books and other publications.
A SOURCE OF INFORMATION CONSTANTLY UPDATED
The Permanent Bureau regularly publishes and maintains a Collection of Conventions together with handbooks on the operation of certain Conventions. It also edits the Proceedings of each of the Sessions which now encompasses an impressive collection of "Actes et Documents". Some of these documents are also available on CD-ROM or microfiches.
The Conference website, www.hcch.net, presents general information concerning the Hague Conference as well as detailed and updated information on the Hague Conventions: texts of the Conventions, full status reports, bibliographies, information regarding the authorities designated under the Conventions on judicial and administrative co-operation, explanatory reports, etc.
INCADAT, the International Child Abduction Database, www.incadat.com, is a special initiative which provides easy access to many of the leading judicial decisions taken by national courts around the world in respect of the 1980 Hague Convention on international child abduction.
INCASTAT, an electronic statistical database which generates the Annual Statistical Forms concerning return and access applications, has been made available for Central Authorities designated under the 1980 Child Abduction Convention.

mercoledì 24 ottobre 2012

U.S. Senate Honors Dedication Of Eugene Pothy To Reunite With His Son

On October 19th, 2012 at the request of New York Senator Kirsten E. Gillibrand, a beautiful American Flag was flown over the United States Capitol in honor of both Eugene Pothy and his son Philippe.

For those of you who may not be aware of this, Philippe had been living in the Ivory Coast for nearly 10 years without the consent of his father, who, during that time had done everything possible to try and reunite with his son.

To have an American Flag flown over our nation's Capitol Building at the request of an American Senator in your honor is a tremendous honor. It is something that is not done often.

As for my dear friend Eugene, I am so honored to call him one of my dearest friends.  He is a hero to me. He is a hero to many.

(Pictured From Left to Right)
Chris Morris, Eugene Pothy, Peter Thomas Senese
Taken At United States Mission To the United Nations
 

domenica 16 settembre 2012

Peter Senese Speaks At The United Nations

The United Nations
On Friday, September 14th, 2012 I had the great privilege on behalf of the I CARE Foundation to extensively speak at and participate in the U.S. Department of State's sponsored 'International Visitor Leadership Program' held at the United States Mission to the United Nations in conjunction with the United Nations to discuss the work and research the not-for-profit I CARE  Foundation has been conducting in the area of international parental child abduction prevention (IPCA).

U.S. Department of State





Unquestionably, the initiative by the U.S. Department of State to connect global government leaders with non-government organizations such as the I CARE Foundation to discuss the challenges and potential solutions of IPCA demonstrates a pro-active, solution oriented approach to combating child abduction and trafficking by private and public sector leaders.    


As the Founding Director of the I CARE Foundation, it is with deep pride to continue to see the I CARE Foundation recognized by our global leaders as a preeminent organization actively at the battle-front against the pandemic of international child abduction.  On a personal note, my participation in the International Visitor Leadership Program was deeply satisfying.  You see, six years ago, when I first found myself Chasing The Cyclone of international child abduction, I had made a promise to make a difference so other families would not have to race into the nightmare of abduction.  



Peter Thomas Senese

I am equally committed to that promise today as I was when I first made it six years ago. Along the way, we have created more than a few miracles

The I CARE Foundation



The I CARE Foundation's ongoing ground-breaking, critical research in the area of international parental child abduction has shed light onto many areas and issues associated with international child kidnapping.  Our legislative and policy modification initiatives have had a sizable positive impact on preventing abduciton.  Our dedication to assisting children of abduction has led to the rescue and reunification of many internationally abducted children while also successfully preventing the abduction of many other children.  And our public outreach to educate society, particularly potential targeted parents, has led to the prevention of numerous child kidnappings. Our commitment to build a national and global attorney network of highly qualified lawyers dedicated to assisting at-risk children of kidnapping continues to be highly received by the legal community, and perhaps most of all, our ability to make a difference for others continues to expand and reflect our deep commitment to helping others. 
International Visitor Leadership Program





The International Visitor Leadership Program (IVLP) is the U.S. Department of State’s premier professional exchange program.  Launched in 1940, the IVLP is a professional exchange program that seeks to build mutual understanding between the U.S. and other nations through carefully designed short-term visits to the U.S. for current and emerging foreign leaders.  These visits reflect the International Visitors’ professional interests and 
support the foreign policy goals of the United States. 

International visitors are selected and nominated annually by American Foreign Service Officers at U.S. Embassies around the world. The U.S. Department of State’s Bureau of Educational and Cultural Affairs funds and administers the International Visitor Leadership Program (IVLP).
  

During our specific conference, discussion took place that evolved around the simple question 'How can we as a global society help stop the pandemic of international parental child abduction?' 

A few things stood out immediately.  This included:

1. Unquestionable realization that IPCA is a severe form of child abuse; and,
2. The vast majority of abductions are well schemed plans against a targeted parent; and,
3. Targeted children and parents of abduction face severe hardship; ,and, 
4. Abducting parents utilize the existing legal system to draw out court proceedings; and, 
5. The longer a court proceeding takes, the more difficult it is for a child to be returned; and, 
6. Litigation must focus on narrow focus of jurisdiction established by the Hague Convention; and,
7. IPCA is growing worldwide at an alarming rate; and,
8. IPCA causes severe emotional and financial devastation to all connected to it; and,
9. The economic cost of IPCA on the global market over the next decade will be many tens of billions of dollars.
10. New research and studies similiar to the I CARE Foundation's work must continue, and, utilizing the research findings to initiative new laws and government policies are critical to protecting children.


Chris Morris, Eugene Pothy & Peter Thomas Senese


As our conference unfolded, it was with awe that I listened to my friends Christopher Morris and Bryan Mooney, both parents who had children internationally abducted under the rules of the Hague Convention on the Civil Aspects of International Child Abduction, discuss the severe challenges they have each faced respectively over the past two and three years trying to reunite with their children. 

As I listened to each of these dedicated, loving parents discuss portions of their cases (which I am very familiar with), I could not help but wonder if their children will ever really know how much their fathers love them.  It is my hope that these children of abduction do, because the love Chris and Bryan have for their children has led them to do whatever possible to reunite with their children. 




                                               Dedicated Parent Bryan Mooney and His Children


Both Chris and Bryan's stories of well-schemed child abduction by their childrens' other parent re-enforced the notion that it was necessary for judges to expedite international child abduction cases, and settle the issue of which country has the right of jurisdiction of a child.  

Chris and Bryan's point was made very clear when it was shared that collectively, they have spent over U.S. $300,000.00 between the two of them thus far trying to bring their abducted children home, and their protracted litigation is far from over. 


Critically, Chris and Bryan's conveyance that the spirit of the Hague Convention to be expedited was made to all. 







Eugene Pothy Reuniting With His Son After 9 Years

I was also very happy to hear my dear friend Eugene Pothy, who miraculously was reunited with his abducted child taken to the Ivory Coast and illegally detained for nearly 9 years, speak about the mental and spiritual hardship of abduction of children. Eugene's points of view reinforced Chris and Bryan's point of view that IPCA litigation must be expedited by the courts.


Fortunately, our conference was the right forum to share our view. And the message was heard.


Another very important issue that was discussed revolved around abduction prevention.  Specifically, it became clear that certain countries, for example, Turkey, have the ability of preventing abductions from occurring (736 total IPCA cases under the Hague over the past 10 years) by citizens who possess a right of Turkish citizenship because Turkish judges have the ability of preventing a high-risk child abducting parent from departing the country by all means of departure.  
In contrast, the United States only has the ability to stop a high-risk child abductor from departing the country if that individual is not a U.S. citizen. Thus, individuals who possess duel citizenship in the U.S. and who are determined to be high-risk parental child abductors have limited security screen to prevent them from illegally removing their child from the country.


As some of you may know, members of the I CARE Foundation's board of directors, including Carolyn Vlk and myself worked very hard to have the Department of State disseminate the Department of Homeland Securities' 'Prevent Departure Program' as a tool to be used to help prevent abduction. However, the problem with the Prevent Departure Program is that it only applies to non-U.S. citizens. Thus, the I CARE Foundation's efforts to modify the Prevent Departure Program to include a secure screening list for high-risk child abductors possessing a right of U.S. citizenship appear to be critical to protecting children.

Another I CARE Foundation measure that was discussed and warmly embraced was our initiatives to require all individuals entering into or departing the United States, regardless if they travel by land, sea, or air, to present a current and valid passport.
Overall, the day was very meaningful as a great deal of information was exchanged that inevitably will help protect defenseless children.  It was indeed a great privilege to have been asked by the United States Department of State to participate in such a highly esteemed program to a humbling experience to know that the I CARE Foundation's work is respected around the world.



There is no question that it was yet another day of progress to protect children from abduction.


As for the International Visitor Leadership Program, the IVLP has a luminary list of esteemed participants include:
Afghanistan: President Hamid Karzai (1987)
 Austria: President Heinz Fischer (1964)
 Belgium: Prime Minister Yves Leterme (2002)
 Bhutan: Prime Minister Lyonpo Jigme Yoser Thinley (1987)
 Brazil: President Dilma Rousseff (1992)
 Croatia: President Ivo Josipović (2002)
 Croatia: Prime Minister Zoran Milanovic (1996)
 Czech Republic: Prime Minister Petr Nečas (1994 and 1999)
 Denmark: Prime Minister Lars Løkke Rasmussen (1989)
 Dominica: President Nicholas Joseph Orville Liverpool (1985)
 Finland: President Sauli Niinistö (1992)
 Finland: Prime Minister Jyrki Katainen (2003)
 France: Prime Minister François Fillon (1984)
 France: President Nicolas Sarkozy (1985)
 Georgia: President Mikheil Saakashvili (1997 and 1999)
 Germany: President Joachim Gauck (1993)
 Grenada: Prime Minister Tillman Thomas (1986)
 Guinea: President Alpha Condé (1962)
 India: President Pratibha Devisingh Patil (1968)
 Ireland: Prime Minister Enda Kenny (1989)
 Kenya: President Mwai Kibaki (1961 and 1999)
 Lithuania: President Dalia Grybauskaitė (1994)
 Macedonia: Prime Minister Nikola Gruevski (2000)
 Malawi: President Joyce Banda (1989)
 Malta: Prime Minister Lawrence Gonzi (1990)
 Mauritius: President Anerood Jugnauth (1981)
 Mauritius: Prime Minister Navinchandra Ramgoolam (1986)
 Mexico: President Felipe De Jesús Calderón Hinojosa (1992)
 Moldova: President Nicolae Timofti (2005)
 Montenegro: Prime Minister Igor Lukšić (1999)
 Mozambique: President Armando Emílio Guebuza (1987)
 Namibia: Prime Minister Nahas Gideon Angula (1996)
 Norway: Prime Minister Jens Stoltenberg (1988)
 Poland: President Bronisław Komorowski (2006)
 Poland: Prime Minister Donald Franciszek Tusk (1993)
 Portugal: President Aníbal Cavaco Silva (1978)
 Slovakia: Prime Minister Robert Fico (1990)
 Slovenia: Prime Minister Borut Pahor (1991)
 Sri Lanka: President Mahinda Rajapakse (1989)
 St. Kitts and Nevis: Prime Minister Denzil Llewellyn Douglas (1990)
 St. Lucia: Prime Minister Stephenson King (1985)
 Sweden: Prime Minister Fredrik Reinfeldt (2002)
 Taiwan: President Ma Ying-Jeou (1971 and 2003)
 Togo: President Faure Essozimna Gnassingbé (2001)
 Trinidad and Tobago: Prime Minister Kamla Persad-Bissessar (1998)
 Trinidad and Tobago: President George Maxwell Richards (1986)
 Turkey: President Abdullah Gül (1995)
 Zimbabwe: Prime Minister Morgan Tsvangirai (1989)
 Macedonia: President Gjorge Ivanov (1999)

In leaving the United States Mission to the United Nations, I left reaffirming once again my commitment to helping defenseless children of abduction and their targeted parents.