Divorce, Child Custody, Christmas Holidays, and How To Stop International Child Abduction

When many people think of the holiday season, it is with thought about family time – thinking about spending quality time with their children and seeing the smiles on their children's faces. Then there are those parents who hope for a holiday season with their children. International child abduction has become a reality instead of just a nightmarish thought for these parents. And even more real than that is the fact that this parent’s estranged spouse is responsible for the abduction of his/her child.

Unlike abduction within the borders of one’s own country, international abduction presents challenges and complications that one can’t even begin to imagine. The best solution is prevention!

And prevention is accomplished with awareness. During the Christmas holiday season, where there is a high risk of international child abduction, it is essential to know the WARNING SIGNS of international parental child abduction as well as knowing what to do if international parental child abduction is in progress. And if you’re thinking that this doesn’t affect you, here is the reality about how easily international abduction actually happens: 

Today, it is common for individuals from different countries travel abroad where they may meet someone and enter into a relationship resulting in a child. Unfortunately today, separation and divorce are are extrememly common. In these relationships, the non-national often wants to take the child of the relationship and permanently return to their country of origin. Knowing that the other parent would object to this, the parent seeking to leave often creates an elaborate scheme and illegally removes the child from the country without concern for court orders and without the permission of the other parent. Now what we are most concerned with during the Christmas holiday season is that the scheming parent might even trick the other parent into holiday travel (often inviting that person to travel abroad with them and the child to visit family) all along having no intent of ever returning home. When the family arrives in the foreign country, the would-be abducting parent may then file false claims of abuse and neglect against the other parent. Once this is done, they notify the other parent that they and the child will not be returning back to the country of original jurisdiction. At this point, the targeted parent is generally forced to return back home without their child where they then need to seek legal assistance.

The Purpose Behind The Would-Be Abductor's Scheme:

Studies have demonstrated that an unprecedented number of abductions have occurred where one parent took action to deprive the other parent of contact with their child. The majority of abducting parents typically use the child as a tool to cause the targeted parent great pain and suffering. Their intent is simple: to make the other parent suffer as much as possible by depriving that targeted parent with the love and connection to their own child. Nearly every published study on this subject has concluded that an abducting parent has significant, and typically, long-term psychological problems and may in fact be a danger to their child.

The Solution:

If your child is going to be traveling abroad this season, please consider using the I CARE Foundation's Hague-oriented International Travel Child Consent Form. The Travel Consent Form was created to prevent international child abduction by focusing on the wrongful detention of a child while traveling abroad, and with an estimated 85% of all international parental abductions dealing with wrongful detention, it is geared at potentially stopping the majority of these parental kidnappings. If you are a parent that is allowing or is required to allow you child(ren) to travel to a foreign country you really do need to strongly consider having the other parent sign the International Travel Child Consent Form. Should that parent not be willing to, this is a very serious warning sign that they may be planning an abduction.

The Success Of The International Travel Child Consent Form:

In the short time that this ground-breaking abduction prevention tool has been in use it has made an incredible impact in the world of international parental child abduction. Not only has it been embraced by parents and lawyers around the world, but it has gained the support of the Secretary General of the Hague Conference on Private International Law, Mr. Christophe Bernasconi. The I CARE Foundation's Executive Director, Peter Senese, reports:

To the best of our knowledge, since the creation of the I CARE Foundation's International Travel Child Consent Form, all children traveling abroad from Hague Convention signatory countries who were expected to return to their country of original jurisdiction have come home. There have actually been several cases where one parent initially refused to sign the International Travel Child Consent Form, and in each of those cases, the overseeing judge would not permit travel. At that point additional measures were put into place in order to prevent a future parental abduction. It is critical for all parents who are allowing a child to travel abroad to understand is that there are numerous traps and schemes that a would-be abductor will use in order to legally keep a child abroad. Most of these schemes revolve around Articles 12 and 13 of the Hague Convention of the Civil Aspects of International Child Abduction. Defending against these potential strategies is critical. It is the thrust of the I CARE Foundation's International Travel Child Consent Form. And with tens of thousands of children around the world targeted for international parental abduction each year, our travel consent form may be the most effective tool that could help prevent abduction or help return a child to their country of original jurisdiction under the spirit of Article 2 of the Hague Convention.

And in the words of the Secretary General Bernasconi:

I have had the possibility to look at the travel form and must say that I am impressed: this is the most comprehensive document of its kind that I have seen so far and there is little doubt in my mind that this is a most valuable and important effort to prevent child abduction. I applaud your efforts and wish to congratulate you and your team . . . It is really impressive to see how quickly your international travel child consent form has started to yield practical results and how well you monitor its operation - this really is remarkable.

A Special Commission has also been created to report to Secretary General Bernasconi on the utilization of the Travel Consent Form in order to be able to create a document that can be used for all children when traveling abroad.

The Warning Signs of International Parental Abduction:

We can put an end to international parental child abduction... the key is awareness. If parents are aware of the WARNING SIGNS of international parental child abduction, they are able to access resources that will hopefully allow them to prevent an abduction. A child that is protected from abduction is a child that remains safe. All parents should be aware of the warning signs, but if you are a parent in a high-conflict relationship, especially if your partner has ties abroad, you would be considered at the highest risk. If you are in such a relationship, you need to think carefully and be very aware of any travel plans... and know the risks involved for your child in relation to international travel. Also, protect your child by utilizing the International Travel Child Consent Form.

Reported Cases Of Child Abduction Originating From the U.S. Decline:

In 2011, the I CARE Foundation commenced formal operations with the mission to protect children from abduction. Now, we have not alone in our efforts, however there is no question that our outreach has made a tremendous impact on the lives of the extensive number of families that we have voluntarily assisted. In the United States, in contradiction to the forecasted 25% increase in the abduction growth rate for 2011, the actual reported rate declined by over 15%. During the year, 2012, the actual reported abduction rate dropped by over 16%. This is pretty remarkable considering that there has been nearly 30 years of growth in international parental child abduction cases reported in the United States since America became a signatory of the Hague Convention. Once the numbers are reported, it is expected we will see another significant decline in the U.S. rates for fiscal year 2013. Worldwide abduction rates have not been reported since 2008. This has little to do with the Permanent Bureau of the Hague Conference, but instead a failure by signatory countries to report their inbound and outbound abduction rate. However, it is believed that the global rate of abduction continues to steadily climb out disturbing rates. With the worldwide launch and utilization of the I CARE Foundation's International Travel Child Consent Form, the global rate of abduction is expected to decline.

Abduction Prevention: A Message From Secretary General of the Hague Conference, Mr. Christophe Bernasconi:

While the winter holiday season is often one which presents many opportunities for festive family celebrations, it is also a period in which sadly more parental child abductions occur. As a result, it is more important than ever to take steps to prevent the wrongful removal of children so that abductions which are covered by the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction do not occur in the first place.  

Prevention can be achieved in several ways. For example, when one parent intends to travel with his or her child without the other parent, the other parents consent to the travel should first be obtained. One of the ways a parent can demonstrate that they have the approval of the other non-travelling parent is by having him or her sign a clear, comprehensive travel consent form which includes a statement that the non-travelling parent agrees to the travel but also that the child is to return to his/her place of habitual residence on or before a specific date. A model travel consent form for this purpose has recently been developed by the I CARE Foundation and is, I understand, already widely used by parents in various jurisdictions. Use of the I CARE Foundation's comprehensive Hague-centric travel form that addresses key aspects of the Hague Child Abduction Convention pertaining to a child's international travel are central to protecting against a child's wrongful retention abroad. The I CARE Foundation's International Travel Child Consent form and similar comprehensive models deserve further encouragement so as to prevent child abduction and perhaps even limit instances of child trafficking in general.  

The Hague Conference on Private International Law, the Secretariat for the Hague Child Abduction Convention, wishes the I CARE Foundation and its constituents a happy holiday season and hopes that precautions such as the one described above are able to prevent unnecessary anxiety and trauma for parents and children who are affected by holiday travel plans.

 

A recent press release regarding the International Travel Child Consent Form not only shares the support from Secretary General Bernasconi but also other top lawyers and judges from around the world. You can view this release HERE.

Two Important Programs To Stop Abduction By The U.S. Department Of State:

1. The Children's Passport Issuance Alert Program (CPIAP) - Parents are able to register their U.S. citizen children under the age of 18 in the Passport Lookout System. If a passport application is submitted for a child that is registered in the CPIAP, the Department of State contacts and alerts the parent(s). This system is thus able to provide the parent with warning of possible plans for international travel with the child. The Charleston Passport Center is responsible for administering the Children's Passport Issuance Alert Program:

U.S. Department of State Passport Services, Charleston Passport CenterAttn: Children's Passport Issuance Alert Program 1269 Holland Street, Building D Charleston, SC 29405

E-mail: ChildrensPassports@state.gov Phone: 1-888-407-4747 Fax: 843-746-1827

 

2. The Prevent Departure Program (PDP) – In the past, American parents at risk of having a child illegally removed from the United States had to deal with the reality that it was extremely difficult to stop an international child abduction if the other parent possessed a right of American citizenship (sole or dual citizenship). Part of the problem is that the United States has limited exit controls and government published information regarding programs that could be utilized to stop international parental child abduction such as the Prevent Departure Program require a suspected international parental child abductor to not have a right of American Citizenship, among a host of other requirements.

Today, parents who are at risk of having a child internationally abducted by a parent who possesses citizenship to the United States of America or who has dual citizenship may be able to protect their children from abduction. If you should happen to be an at-risk parent that believes your child's other parent is planning or is in the process of an international parental abduction, please contact the United States Department of State's Office of Children's Issues Abduction Prevention Bureau to discuss potential measures that may be available to you to ensure the individual parent suspected of an international child abduction threat does not illegally depart the United States and remove your child in violation of a court order or in breach of your right of custody.

Similarly, be sure to contact the Office of Children's Issues Prevention Bureau to discuss if there are potential prevention techniques unique to your case that may allow the Department of State to work with other federal agencies so to secure your child is not a victim of international parental child abduction. Individuals that are seeking the assistance of the Department of State and the implementation of the Prevent Departure Program should make sure that they have the following information ready to submit to the Office of Children's Issues:

1. Full name, date, place of birth of Potential taking parent.
2. Full name, date, place of birth of Potential left behind parent (and PLBP’s contact info, including a surface address).
3. Passport number and issuing country (if available, and not U.S.) for both parents.
4. Full name of child.
5. Date, place of birth of child.
6. U.S. passport number of child.
7. Passport number and issuing country of any dual national passport of child (if available).
8. Copy of court order with travel restrictions.
9. Full contact details, including a 24/7 phone and email (to email court documents, we do not have after hours fax access), for law enforcement contact.
10. Details of potential travel plans.

To contact the Department of State's Office of Children's Issues Prevention Bureau please contact:

The United States Department of State Office Of Children's Issues Abduction Prevention Bureau CA/OCS/CI SA-17, 9th Floor Washington, DC 20522-1709 Phone: 1-888-407-4747 or 202-501-4444 Email: prevention@state.gov

 

To contact the I CARE Foundation concerning abduction matters please email us at legal@stopchildabduction.org.

With both of these programs, it is estimated that the Department of State successfully requests placement of 8-10 individuals on the Prevent Departure Program each month while also overseeing an estimated 60 applications for utilization on the Passport Issuance Alert Program. Clearly, this has played and continues to play a major role in the decline of international parental child abduction rates.

The Harsh Reality:

According to a report from the Department of Justice, children who are kidnapped by a parent face severe physical abuse and are also put at an extreme risk of being murdered. In fact, Dr. Phillip Resnick, the Director of Forensic Psychiatry at Case Western Reserve University in Cleveland stated in an article that was published by the Denver Post a few years ago about parental child killing, “Historically, one out of 33 homicides is a parent killing a child younger than 18.” Dr. Resnick, who conducted a study on filicide in 2005 states “Filicide, the deliberate act of a parent killing his or her own child, is the third-leading cause of death in American children ages 5 to 14.” Filicide is not a term that we talk about alot, but the reality is, we need to talk about it more. According to the Denver Post reports, “Researchers estimate 250 to 300 children are murdered by their parents each year in the U.S. Now, filicide occurs everywhere... it is not a phenomenon isolated within American borders. Simply put, parents do kill children! And we can’t put our head in the sand and think this does not exist. When a child is abducted they must immediately be considered in great danger!

The Impact Of Chasing The Cyclone:

Peter Senese, author of the critically-acclaimed novel 'Chasing The Cyclone,' about a father searching for his internationally abducted son, has had a far-reaching social impact. It is being called both a call-to-arms against the wide-spread epidemic of international child kidnapping, as well referred to as a blue-print on how to either prevent a child from being abducted, or how to reunite with your child. In addition, Chasing The Cyclone has enabled something remarkable: it has helped reunite children with their parents, as Peter Senese has so generously donated 100% of his author royalties to the I CARE Foundation. To quote Peter Senese, "The I CARE Foundation is actively trying to reunite other children who have been internationally abducted with their families. I think my readers have a deep sense of satisfaction knowing that when they purchase one of my novels, they are making a measurable difference in the life of a defenseless child - and that is pretty cool."

Peter Senese: Testimonials From Others

Clearly, protecting children from parental abduction requires an indefatigable commitment to stand unbowed so children and their families may never know the nightmare that is the world of international abduction. Peter Thomas Senese has proven time and again that he is deeply committed to his goal of preventing child abduction. There are numerous sworn testimonial letters from individuals regarding the advocacy and volunteer work that Peter does each and every day. Many of these letters are related to recovering and bringing home children who were abducted or who were targeted for abduction, however there are also several letters that share his deep desire for helping others who may be facing severe medical issues. Ultimately, each one of these sworn letters shares not only a little insight, but also a unique perspective of who Peter Thomas Senese is.

If it were not for Mr. Senese, the real threat of the abduction of my daughter would still exist today. However, this is no longer the case due in part to the actions of Mr. Senese and the I CARE Foundation.

Change is occurring, and Mr. Senese and the I CARE Foundation are clearly responsible for a significant part of this by the development and worldwide release of their Hague-Convention-oriented International Travel Child Consent Form that has been publicly cited by the Secretary General of the Hague Conference as a landmark child abduction prevention tool . . . Peter has not only been a warrior and angel, but he has also become a most treasured and trusted friend.

Well, to put it mildly, I was very uncertain about my future: I was fighting Stage 4 cancer, my doctors told me I was dying, I was financially in bad shape, and I didn’t feel well. I had no hope. Enter Peter Senese. And my world immediately changed for the better. And this is truly what has happened. … I went from being left alone to die at a small-time local hospital to having a dozen of the world’s best doctors by my side from Memorial Sloan Kettering, telling me they were going to do everything possible to help get me better.

While the holiday season is about family time and caring for oneself, let us also remember the words of the legend, Nelson Mandela: “We owe our children – the most vulnerable citizens in any society – a life free from violence and fear.” Let us protect every child we can by sharing the above message with others. In an effort to help prevent international child abduction, take a few moments and educate yourself about the WARNING SIGNS of international parental child abduction.

 It not only protects your children but perhaps other children you might know.... isn't that worth a few minutes of your time? If you would like to learn more about the criminal act and schemes of parental child abduction, or to download a free copy of the International Travel Child Consent Form visit the I CARE Foundation website.

If an international parental child abduction is imminent or is in progress, click here. And lastly, to purchase your copy of Chasing The Cyclone, please visit Amazon or Barnes and Noble. Wishing you the best of the holiday season!  

   

Benjamin Harris Todd Finds His Internationally Abducted Daughter After A 19 Year Global Search

Internationally Parentally Kidnapped South Carolina Girl Found In Australia  After 19 Years

After a 19 year search, internationally parentally kidnapped victim Savanna Harris Todd of South Carolina was located in Queensland, Australia. Similar to other victims of parental abduction, Savanna Harris Todd lived the life of a fugitive: moving from country to country, including New Zealand and South Africa under an assortment of alias names, before she and her kidnapping mother, Dorothy Lee Barnett, were located in Australia. Unquestionably, the story of how Savanna Harris Todd was able to move under the radar of a global law enforcement for nearly two decades despite a never-ending search for his daughter led by her father Benjamin Harris Todd sends out a loud and resounding message to courts and judges everywhere overseeing international child travel, international mobility, and international parental child abduction prevention of the great risks and relative ease a parent can disappear with a child if the act of abduction is well thought-out and planned.

Kidnapping parent Dorothy Lee Barnett is now facing a series of federal charges including but not limited to kidnapping, forgery, and possession of fraudulent documents. She is expected to be extradited to the United States in the near future.

Peter Thomas Senese of the I CARE Foundation, a leading non-profit organization dedicated to stopping global international parental child abduction while also assisting at-risk families of abduction commented, "First, I would like to express my heartfelt congratulations to Benjamin Harris Todd for his incredible efforts in never stopping to find his daughter. Clearly the love and dedication he holds for his daughter Savanna are extraordinary. Hopefully Savanna will recognize the love of her father while also carefully coming to terms of the malice brought into her life by her mother. I am sure there will be a great deal of reflection as this young lady reflects upon events in her life and realizes the extent of what she faced and the truth of part of her life.  And as the healing and reunification begins, it is imperative that judges and courts understand that threats of international parental child abduction are not custody disputes under any circumstance. They are acts of brutal kidnapping that can at times end horribly. Today we celebrate the pending reunion of father and daughter as we also rededicate ourselves to bring about sweeping change to stop worldwide international parental child abduction. Most of all, I hope and pray that this young lady takes the time to listen to what her father has to say to her before she makes any judgments. All too often in long-term abduction cases, the child is an unknown victim who has been manipulated by untruth after untruth by their abductor." 

In 1994, Savanna Harris Todd had been listed as a missing person by her father in South Carolina. She was 11 months old at the time that Benjamin Harris Todd, the child's sole custodial parent, had filed the report to local authorities.
 
On April 22nd, 1994 Barnett, who had been separated from Harris, picked up her daughter from her former mother-in-laws home and disappeared the next day.

First time she has been seen in 20 years: Savanna Harris Todd (right) pictured for the first time since disappearing as a baby in 1994. Now living under the name Samantha Geldenhuys in Queensland, Australia, she is seen here in a Facebook photo

A long way from South Carolina: Savanna Harris Todd and her mother Dorothy Lee Burnett have been living on the Sunshine Coast, in the Australian state of Queensland, for at least the last four years under fake names. They had been officially listed as missing persons since 1994 until Barnett was arrest on November 4

 

 Then and now: Savanna Harris Todd has remained a missing person for 19 years after being kidnapped by her mother in April 1994. Pictures of her as a baby (left) were used to create impressions of what she might look like today (right). On November 4, Savanna was located in Queensland, Australia, living under the name Samantha with her mother, Dorothy Lee Barnett, who has been charged with three federal offenses

 

Now, Barnett, 53, has been arrested by Australian Federal Police on the Sunshine Coast in Queensland after living under several aliases. Savanna, now 20, who has been living under the name Samantha, was by her mothers side during a court appearance on Wednesday, where Barnett was denied bailed.

In many international parental child abduction cases the abducting parent often will travel to one country but then move quickly to another. Often the first inbound country will be where new identities are obtained, as is suspected in the Barnett abduction case.

During a court appearance, Barnett, 'winked' back at her daughter Savanna - who was supportive of her mother. On the surface, the abducted child-victim now turned young adult has not yet fully understood the ramifications or truths that transpired in her life. Clearly, and after all this time, parental alienation has to be a key factor that all parties need to address.

Barnett's barrister, Jeff Hunter QC, said his client was not a flight risk and had a close and special relationship with the Sunshine Coast community.

Barnett was charged with international parental kidnapping and two counts of false statement in a passport application after being captured on November 4. Barnett will be extradited back to the United States to face her charges.

She is thought to have fled the United States using a fake passport with the help of a secretive organization called Children of the Underground, who help women stuck in abusive relationships.
According to Queensland news reports, Barnett initially fled to South Africa, where she married a man, Juan Geldenhuys, in 1995 and later gave birth to a son, now 17, before moving to New Zealand and becoming a citizen.

Five years ago she settled in Australia after splitting with Mr Geldenhuys, who recently died of bone cancer. During her alleged time on the run, Barnett used aliases such as Alexandria Maria Canton, federal authorities said, to evade detection.

 

 

Dorothy Lee Barnett (pictured left in the early 1990s and right in an artists impression of her today) lost custody of her daughter Savanna to her ex-husband Benjamin Harris Todd because tests showed her to be bi-polar. Barnett and Savanna disappeared from South Carolina in 1994 but have now been found in Australia following almost 20 years on the run. Barnett has been charged and faces extradition to the U.S.

Once in March 2003 and again in March 2004, Barnett used her new name, Alexandria Maria Geldenhuys, to attempt to get a U.S. passport, according to the indictment against her.

Court papers say Savanna's father was the one who lead authorities to find his ex-wife.
An Australian friend of Mr Geldenhuys, Barnett's second husband, had grown suspicious of her.
He heard Barnett call her daughter Savanna and she had previously spoken about escaping an abusive relationship. A simple internet search provided old photos of Barnett as wanted in relation to the disappearance of Savanna, and the Australian man was able to contact Benjamin Harris Todd.

Outside court this week, Savanna- Samantha - would not comment when approached by reporters.

an amazing woman, having raised both myself and my brother and always giving us the support we needed to become the people that we are - See more at: http://www.theaustralian.com.au/news/nation/law-catches-up-with-mum-20-years-after-she-fled-with-baby-savanna/story-e6frg6nf-1226759338165#sthash.gCK6J3ob.dpuf

Barnett, a flight attendant, and Todd got married in December 1991 in Beaufort. She filed for divorce in February 1993, alleging in court documents that Todd had left her because he was angry about her being pregnant, reports The Post and Courier.

Todd countered, saying Barnett physically and emotionally abused him. That month, Todd was given temporary custody of his unborn daughter after psychiatric tests showed Barnett to be bi-polar. 
 
Savanna was born May 6, 1993.

During a court-supervised visit in April 1994, the two left for a birthday party without an escort and never returned, the police reported at the time. Barnett’s disappearance prompted a probe by the FBI, which obtained a warrant for her arrest in April 1994.

If convicted of the charges she is facing, Barnett could spend three years in prison on the kidnapping charge and 10 years on each of the two passport counts. Barnett will next appear at an extradition hearing in Australia.

Stopping A Parent From Boarding A Flight and Abducting Your Child To Another Country

What To Include When Contacting The Department Of State's Office Of Children's Issues:

If you are an at-risk parent who believes your child's other parent is planning or in the process of international parental child abduction, please contact the United States Department of State's Office of Children's Issues Abduction Prevention Bureau to discuss potential measures that may be available to you to ensure the individual parent suspected of an international child abduction threat does not illegally depart the United States and remove your child in violation of a court order or in breach of your right of custody.

Please contact the Office of Children's Issues Prevention Bureau to discuss if there are potential prevention techniques unique to your case that may allow the Department of State to work with other federal agencies so to secure your child is not a victim of international parental child abduction.

To contact the Department of State's Office of Children's Issues Prevention Bureau please contact:

The United States Department of State

Office Of Children's Issues

Abduction Prevention Bureau

                                                                      CA/OCS/CI
                                                                   SA-17, 9th Floor  

Washington, DC 20522-1709 

                                           Phone: 1-888-407-4747   or   202-501-4444

                                                       Email:  prevention@state.gov

 

To contact the I CARE Foundation concerning abduction matters including possible methods available to stop international parental child abduction please email us at legal@stopchildabduction.org.

Individuals seeking to Department of State assistance and implementation of the Prevent Departure Program should make sure that they have the following information ready to submit to the Office of Children's Issues:

1.      Full name, date, place of birth of Potential taking parent.

2.      Full name, date, place of birth of Potential left behind parent (and PLBP’s contact info, including a surface address).

3.      Passport number and issuing country (if available, and not U.S.) for both parents.

4.      Full name of child.

5.      Date, place of birth of child.

6.      U.S. passport number of child.

7.      Passport number and issuing country of any dual national passport of child (if available).

8.      Copy of court order with travel restrictions.

9.      Full contact details, including a 24/7 phone and email (to email court documents, we do not have after hours fax access), for law enforcement contact.

10.   Details of potential travel plans.

 

How To Stop International Parental Child Abduction - Dual Citizenship and Dual Passport

 

 

Dual Citizenship And International Child Abduction

 

It is a mistake to think that the United States Government cannot help prevent the international parental child abduction of an American child-citizen by an abducting parent who possesses either sole American citizenship or is a dual citizen of the United States and another country.

For any parent, lawyer, or stakeholder who is involved in attempting to prevent an international child abduction originating from the United States whereas the suspected taking parent may possess secondary passports issued from a foreign country for the targeted child, I urge you to contact the indefatigable, dedicated team at the United States Department of State's Office of Children's Issues Abduction Prevention Unit.

If you are an at-risk parent who believes your child's other parent is planning or in the process of international parental child abduction, please contact the United States Department of State's Office of Children's Issues Abduction Prevention Bureau to discuss potential measures that may be available to you to ensure the individual parent suspected of an international child abduction threat does not illegally depart the United States and remove your child in violation of a court order or in breach of your right of custody.  

Please contact the Office of Children's Issues Prevention Bureau to discuss if there are potential prevention techniques unique to your case that may allow the Department of State to work with other federal agencies so to secure your child is not a victim of international parental child abduction.

To contact the Department of State's Office of Children's Issues Prevention Bureau please contact:

The United States Department of State

Office Of Children's Issues

Abduction Prevention Bureau

                                                                      CA/OCS/CI
                                                                   SA-17, 9th Floor  

Washington, DC 20522-1709 

                                           Phone: 1-888-407-4747   or   202-501-4444

                                                       Email:  prevention@state.gov

 

To contact the I CARE Foundation concerning abduction matters including possible methods available to stop international parental child abduction please email us at legal@stopchildabduction.org.

                              

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.

In the United States, it was apparent that parents intending to illegally remove a child in a foreign country knew that if they possessed dual citizenship, that it would be rather easy to depart America using their foreign issued passport that they have had issued for them and more than likely, the child they are intending to wrongfully remove.  In part, this belief appears to have been circulated because it was commonly believed that the United States does not have exit controls, and, existing policies such as the Prevent Departure Program (discussed herein) does not apply to individuals who posses a right of American citizenship.

Well - I am here today to tell any individual who is thinking that you can illegally remove an American child-citizen from the United States using a secondary passport issued from another country in your and in the child's name - you better think again. 

For all parents, lawyers, court officials, policymakers, policy administrators, child advocates - and to any person who is thinking of aiding or abetting a person intent on committing the crime of international parental child abduction - here's what you need to know: The United States Department of State's Office of Children's Issues and the branch's Child Abduction Prevention Bureau is deeply committed to stopping the abduction of American children.

Want a little proof?

Well, let me begin by saying that due to a host of factors, the global international parental child abduction rate appears to be growing at over 20% per year. Except in the United States of America, where the international parental child abduction rate declined by over 15% in 2011, declined by over 16% in 2012, and is expected to decline further in 2013.

Why is this happening?

Many reasons - first and foremost - it is because the Department of State has committed necessary resources to the Office of Children's Issues and their Abduction Prevention Unit. In turn, their has been real cooperation between the Department of State and other federal agencies who have the ability to assist in stopping a child's international abduction.

For those of you who may be a target of abduction, it is important to know 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.

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 occasions 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. Immediately 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 sending a 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.

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

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. CRITICALLY -  as I stated earlier, if  you are an at-risk parent who believes your child's other parent is planning or in the process of international parental child abduction, please contact the United States Department of State's Office of Children's Issues Abduction Prevention Bureau to discuss potential measures that may be available to you to ensure the individual parent suspected of an international child abduction threat does not illegally depart the United States and remove your child in violation of a court order or in breach of your right of custody. The Office of Children's Issues Prevention Bureau may be able to determine if there are potential prevention techniques unique to your case that may allow the Department of State to work with other federal agencies so to secure your child is not a victim of international parental child abduction.

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 (remember: the Department of State may be able to assist a parent targeted by another individual who is in possession of dual citizenship and find issues unique to your case that may enable them to work with other federal agencies in cases of American or dual citizenship), 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 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.

What To Include When Contacting The Department Of State's Office Of Children's Issues:

Individuals seeking to Department of State assistance and implementation of the Prevent Departure Program should make sure that they have the following information ready to submit to the Office of Children's Issues:

1.      Full name, date, place of birth of Potential taking parent.

2.      Full name, date, place of birth of Potential left behind parent (and PLBP’s contact info, including a surface address).

3.      Passport number and issuing country (if available, and not U.S.) for both parents.

4.      Full name of child.

5.      Date, place of birth of child.

6.      U.S. passport number of child.

7.      Passport number and issuing country of any dual national passport of child (if available).

8.      Copy of court order with travel restrictions.

9.      Full contact details, including a 24/7 phone and email (to email court documents, we do not have after hours fax access), for law enforcement contact.

10.   Details of potential travel plans.

The contact information for the Department of State is as follows:

The United States Department of State

Office Of Children's Issues

Abduction Prevention Bureau

CA/OCS/CI
SA-17, 9th Floor  

Washington, DC 20522-1709

                                           Phone: 1-888-407-4747   or   202-501-4444

                                                       Email:  prevention@state.gov

Conclusion

In the United States, International Parental Child Abduction is clearly beginning to be taken as a serious crime against innocent children. The incredible efforts by the Office Of Children's Issues to protect American children from abduction has produced real, measurable, and impactful results. As the world's abduction rate spirals out of control, an anomaly is occurring in America: children are being protected from kidnapping. 

From our vantage point in the battle trench fighting abduction, and from our own measurable history of protecting a large number of children who have either been abducted or were targeted from abduction, the I CARE Foundation is fully aware that none of the successes we have had assisting targeted children would be possible if not for the Department of State and the tremendous cooperation protecting children provided by other agencies.

I think it is important to point out that 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 subpoena concerning the issuance of a passport (the consulate or embassy is not required to do so even if a subpoena 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.

However, as stated previously - each abduction prevention case is different. It is imperative that at-risk parents contact the Department of State.  Should a parent or attorney have questions they would like to address with the I CARE Foundation, they may do so by email at: legal@stopchildabduction.org.  

I think it is also worth sharing 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 likely 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 likelihood that a child will be returned.

I invite you to read Summer Vacations and International Parental Child Abduction and to visit the official website of the U.S. Department of State, I CARE Foundation and Chasing The Cyclone for more information about abduction.

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.

And for anyone who is thinking of either illegally removing an American child-citizen from the United States or who is planning on wrongfully detaining a child abroad, remember, international parental child abduction is a federal crime called kidnapping. Click here to read more about the International Parental Kidnapping Crimes Act.

- Peter Thomas Senese -
- Executive Director-
- The I CARE Foundation-