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-

　

　

　

Warning Signs of International Parental Child Abduction

       Warning Signs of International Parental Child Abduction

Attention: Any Parent Who Has A Child Traveling Abroad This Summer Should Consider Implementing The I CARE Foundation's Groundbreaking International Travel Child Consent Form To Stop Abduction.

Warning signs of an international parental child abduction threat are evident in the vast majority of parental child abduction cases. In itself, the act of international parental child abduction is a crime in most countries, including the United States and Canada. In these horrific, highly abusive acts, a child is often used by a narcissistic parent displaying sociopath behavior to cause great suffering and injury to the other parent. Generally, concern and care for the child’s well-being are not the relevant issue or concern amongst abducting parents. Tragically and as recently reported by the United States government, children who are crime-victims of parental abduction often face a high degree of severe violence and even murder at the hands of their parental child abductor. In fact, filicide – the act of parental child murder – is a large and highly disturbing issue that takes place in every country.

Anyone who has mistakingly thought that when one parent illegally removes or wrongfully retains a child in a foreign country without a court order or permission of the other parent that this act is not a severe and often dangerous act against a crime-victim child, but instead views this as a child custody act, is not aware of the severe emotional, spiritual, and possible physical abuse directed at the child by the abducting parent. It has accurately been said by a large number of leading child health experts that an abducted child becomes a prisoner of their parent-warden. Forced to obey their emotional jailer who happens to also control their every move and be their care-provider, these parentally abducted children are often brainwashed and taught to know and embrace hatred. Along the way, not only do they lose their identity, but they often lose sight of the true meaning and magic that exists in life.

The key to stopping international child abduction is to know and not dismiss these warning signs and clues that the child’s other parent may be planning abduction while also knowing exactly how to act in order to prevent the criminal act of parental child kidnapping once abduction becomes evident.

It is critically important for all parents who suspect their child’s other parent may be conspiring to abduct to realize abduction schemes are created and executed in secrecy. The parent planning abduction does not desire for their targeted parent to know they are planning a child kidnapping. In fact, concern amongst would-be parental child kidnappers that their abduction scheme may be exposed prior to being put into motion has increased ever since society has become more aware of the abusive and dangerous gravity and wide-spread infestation of child abduction around the world.

Organizations such as the I CARE Foundation, who are major combatants committed to fight against child kidnappers and act to defuse an abductor’s evil schemes by continued efforts to raise social awareness of the warning signs of parental child kidnapping while also advocating for new prevention laws, creating unique abduction prevention tools and resources, and successfully litigating child abduction prevention cases appear to be keenly aware of by those who abduct. These efforts are measurable.

For example, after nearly 30 years of increased reported cases of outbound international parental child abduction originating from the United States, including skyrocketing average growth of over 20% per year, the United States international parental child abduction rate declined by over 15% during fiscal year 2011 and then by 16% during fiscal year 2012. These declines, though not inclusive to the formal period when the I CARE Foundation commenced its worldwide stewardship of raising awareness of international parental child abduction, are not coincidental, especially when considering the large number of abduction prevention cases the foundation has been involved with. And no comments made regarding the decline of abduction of U.S. citizens should be made without acknowledging the incredible and heroic work of the United States Department of State’s Office of Children’s Issues and their Abduction Prevention Unit’s efforts to stop kidnapping: while the world’s child abduction rate continues to surge, reported cases of parental child abduction in America are on the decline.

Despite recent success, targeted parents of abduction appear to be more vulnerable than ever because individuals planning to abduct realize the difficulty they may have executing their abduction plans, especially if the child is in their home country of jurisdiction. So they take extra precautionary steps in order to conceal their true plans of abduction. Today, more than ever, parental child abductors need to act with chicanery and deception in order to execute their plans

Before I go any further, I want to point out that international parental child abduction connected to a child possessing a right of dual citizenship and dual passports remains an extraordinary concern. Additionally, removal of a child from any of the countries that are signatories to the Western Hemisphere Travel Initiative Policy (The United States, Canada, Mexico, and many Caribbean island-nations) remains a serious concern.

It is important to note two paradigms are occurring in the international parental child abduction world at the same time.

Paradigms One - Increases In Abduction Amongst Married Couples

The first is it appears more international parental child abductions are occurring between couples who are still married and who have not separated from their primary household as opposed to abduction post-separation or divorce. Apparently, one of the primary reasons why this is occurring is the increased an increased awareness amongst abductors of the heightened degree of difficulty to execute their kidnapping plans if the targeted parent is aware of their intent. Thus, living in a hostile environment with a targeted parent does not create an ideal environment for an abductor to have their target let their guard down.

As you may suspect, many individuals planning abduction remain in the relationship because they do not want the other parent to have any reason for concern. In fact, it is common for a scheming parent to mislead their target by falsely displaying a deep commitment toward their relationship: increased acts of false affection and sincerity are commonplace in many of today’s pre-abduction cases.

Which makes it more difficulty to detect an abduction scheme is being planned or well under way. After all, many parents in a relationship may have a vested interest to be open to any new rekindling of the relationship by their child’s other parent.

The sad reality, exemplified in many of the hundreds of child abduction cases I have been involved with, is the parent planning abduction often successfully misleads the other parent into thinking that they were in committed to the relationship until it is too late. Alarmingly, parents planning abduction are successful in having their targeted parent dismiss the risks of child kidnapping because few targeted parents are willing to grasp that their child’s other parent could act so cleverly, shrewdly, and fraudulently.

Perhaps the biggest mistake targeted parents make is that in nearly every international parental child abduction case, the targeted parent underestimated the intelligence, cunningness, and capability of the predator parent to execute their abduction plan.

Paradigms Two - Increases In Child Abduction Due To Wrongful Retention Abroad

The second paradigm that appears to be taking place is that we are seeing more international parental child abductions as defined by the Hague Convention on the Civil Aspects of International Child Abduction taking place when a child is wrongfully detained in a foreign country and not returned home. This path to abduction often occurs when either a court orders or a parent consents to allow the child’s other parent to travel with the child to a foreign country – which is often the country of origin for the would-be abductor.

In cases when an unsuspecting parent consents to allowing their child to travel abroad with the other parent, departure often occurs under the false guise of a vacation to see family members living in another country (often the scheming parent’s country of origin) or travel consent may be induced due to a false claim of a medical emergency.

Summer school vacation represents the time of year when the majority of children targeted for international parental child abduction are kidnapped. The majority of these children initially travel to another country with one or both parents under consent. Often, the scheming parent actually invites the targeted parent to travel with them under the idea of a family trip in order to be able to get the child out of their home country of origin without raising a red flag to the other parent.

Once a child is on foreign soil, the scheming abducting parent often unleashes an evil and cruel scheme against the targeted parent that often included intent to have their target arrested and removed from their and the child’s life by making false claims of abuse and violence directed at them, the child, or both.

Often local law enforcement in the abductor’s country of origin will arrest the targeted parent. This will be followed by a restraining order against both child and the parent who made the complaint. And as the once unsuspecting targeted parent is sitting in a jail cell waiting for bail or a court hearing, the scheming abductor is meeting with and making additional false claims to child protective services in the country they have abducted to. Often these claims are fraudulently affirmed by family members and friends of the abductor.

Once the false claims of abuse are filed, the abducting parent – now wrongfully claiming they are liberating parents freeing themselves from abuse – will file for no contact and divorce against the child’s other parent. And since there are pending charges for various forms of abuse, at least temporarily, the targeted parent will have no access to their child pending court proceedings (civil proceedings related to access to their child, and, possibly criminal proceedings connected to the false claims of abuse).

Wrongful retention of a child is a serious issue. In order to combat this cruel form of abduction, I CARE Foundation has created the Hague Convention-oriented International Travel Child Consent Form.

So much for a family holiday.

Warning Signs of International Parental Child Abduction

There are no fool-proof warning signs that your spouse or ex-spouse is thinking of taking your child across international borders, with or without your permission and knowledge. However, there are in fact many signs and signals that can provide you with insight that your spouse or former spouse is intending to abduct with your child.

Trust your instincts and do not bury your head in the ground and think abduction will not happen to you. It is a mistake tens of thousands of parents once made.

If you believe international parental child abduction is in process, immediately contact local and national law enforcement, and, immediately contact the United States Department of State’s Office of Children’s Issues Abduction Prevention Unit.

If you have reason to believe that your spouse is contemplating the abduction of your child, you should immediately contact a qualified lawyer familiar with international parental child abduction to immediately discuss legal options available to you and your child. You should also immediately contact the United States Department of State’s Office of Children’s Issues Abduction Prevention Unit. In addition, you should contact the National Center for Missing and Exploited Children and open an abduction prevention case. You may also contact the I CARE Foundation to obtain additional information on abduction prevention and to receive an attorney referral of a qualified lawyer familiar with abduction prevention litigation.

You may need to file an ex parte (an Emergency without notice filing) motion to the court of jurisdiction where the child lives, seeking court intervention prior to when the abduction or wrongful retention occurs. Under most laws, the judge will have to hear your application so long as you present enough strong and credible evidence that your spouse or ex-spouse is planning to illegally take your child across state or international borders or intending to travel abroad with consent but may have no intent of returning the child to their country of habitual residency.

The following are a list of international parental child abduction warning signs. Each abduction case is unique so please consult with a qualified attorney to understand risk factors specific to your circumstances.

• The most obvious warning sign is if the other parent communicates in any way that they have intent or a desire to remove the child of the relationship out of the country. In most instances, if the other parent threatens you with the idea that they are going to abduct your child, the fact is that in most cases, the abduction is already planned and may be in progress.
• The majority of international parental child abductions originate when a marriage or partnership created between two individuals from two different countries occurs. The reality is that failure amongst multinational partnerships is high. Often, when one of these relationships fails and there is a child involved, the parent living in a foreign country may want to return to their country of origin, and when they do, they nearly always want to bring the child of the failed relationship with them. It should be exceptionally noted, as stated earlier, that often parents planning abduction will act with trickery in order to have the targeted parent not have concern over abduction.
• The vast majority of international child abductions occur by a parent who is determined to cause hardship and harm to the other parent. The instrument that they use in order to cause this harm is the child or children of the marriage. A significant number of leading therapist from around the world have stated in numerous reports that revenge is the primary and leading reason why one parent will try to end the other parent’s relationship with their own child. Therefore, if you are involved with a person who has jealous or revengeful tendencies, you must be aware that these characteristics are common in the vast majority of would-be parental child abductors.
• If your spouse or former spouse has in the past used the child of your marriage or relationship to cause you harm, pain, and suffering, or, has tried to control and manipulate your actions, then your concern should be magnified ten-fold. If the same individual has family members in another country or has lived in another country and has expressed a desire or threat to move there with your child, your concern should be magnified one-hundred fold.
• If there is evidence of previous abductions, disappearances, or threats to abduct the child by your spouse or ex-spouse, these indicators demonstrate that any new abduction threat is real and in more likelihood already planned.
• If your spouse or ex-spouse has citizenship in another country and/or has strong emotional or cultural ties to their country of origin.
• A desire or intent by your spouse or ex-spouse to travel with the child to their own home country of origin with or without you. As stated earlier, it appears this is the most prevailing way a child is illegally abducted abroad. Often, the taking parent tricks their target into allowing travel, or is capable of fooling a court over their true intent. This is why the I CARE Foundation’s International Travel Child Consent Form must always be used during any type of international travel regarding a child.
• Unexplainable removal of cash deposits and diminished assets, or unexplainable increases in credit card or bank debt.
• Concealment of new credit cards or bank debt.
• Concealed, hidden, and abrupt communication with individuals or family members living in a foreign country.
• Concealed, hidden, and abrupt communication with a lawyer.
• Frequent previous trips with child to a foreign country without other parent.
• No strong ties to a child's home state including having no or limited assets, having no or limited job prospects, having no or few friends or family members, and having strong cultural difficulties with the child’s home country.
• Strong foreign support network.
• No financial reason to stay.
• Possible use of the child as a pawn in order to gain access to non-joint assets.
• Engaged in planning activities such as quitting job; selling home; terminating lease; closing bank accounts or liquidating assets; hiding or destroying documents; or securing a passport, a birth certificate, or school medical records.
• A history of marital instability, lack of cooperation with the other parent, domestic violence, or child abuse.
• An announcement of an unexpected trip to another country with the child.
• The taking of easily transportable high-valued items such as jewelry upon departing to another country.
• Adamant unwillingness to leave the child behind with you while spouse travels to a foreign country.
• Shipping of personal items to a foreign country, including those ordered from a vendor that are directly shipped abroad.
• A past tendency of your spouse or ex-spouse to relocate and live abroad.
• If your spouse or ex-spouse has ties to another country and makes a false police complaint against you concerning conduct against them or the child, you should be aware this may be the beginning steps of an Article 13 Defense under the Hague Convention. In essence by creating a history of complaints of abuse, the parent intending to abduct lays track to have a court in a foreign country remain abroad and sanction the act of international kidnapping – except it will be viewed as an act of liberation from abuse. Tragically, claims of abuse are commonplace. After all, a parental child kidnapper has defend against the act of child kidnapping, and citing abuse is a common tactic equally used by men and women abductors.
• If a parent living as an alien citizen of one country but has limited roots to that country and is intending to travel with the child abroad, the risks of an abduction are great. Additionally, if the parent who is planning to depart, say on a few week vacation, does not have the ability to purchase a return ticket back to the child's country of origin and/or does not have employment and/or does not have housing, then you can bet that upon departure for the so-called 'vacation', that parent is not returning. Remember, Intent and Sustainability issues are critical. If a person can't sustain themselves in the country that their child was born, and, they have no deep roots, why in the world would they want to stay?
• If an alien-parent has deep connections to another country, and has deep connections to that country's senior government officials, there is a clear risk. Recently, I have been advising on a situation where the potential abductor has immediate family members in charge of overseeing a fleet of aircraft owned by a Middle East family (or you could say government). Obviously, access to aircraft and departing under immunity of a foreign government are very concerning.
• If you are planning to allow the child’s other parent consent to travel abroad with your child or if a court is willing to grant travel – and the other parent is not willing to sign the I CARE Foundation’s Travel Consent Form which was designed to uphold jurisdiction of the child’s country of habitual residency while also creating evidence that could moot an abductor’s legal defense strategies, then this too is a serious warning sign that abduction is planned.

International parental child abduction is complex. There are many warning signs of abduction. The most important being that parents need to be mindful that international parental child abduction is a real threat.

On behalf of the I CARE Foundation, we hope this information may be helpful to you. Should you have any questions, please consult with a qualified attorney in the state of jurisdiction applicable to you and your child.

Kind regards to all,Peter Thomas Senese
Founding Director
The I CARE Foundation