Filmmaker Peter Thomas Senese & Florida Family Law Attorney Patricia M. Lee Interview With 'The Hour of Truth & Honesty' Radio Host Bill Peterseim

Patricia M. Lee

 Recently, Patricia Lee, who in my opinion is one of our country's leading international family law attorneys and an incredible expert in international parental child abduction, and I had the privelage of sitting with radio talk show host Bill Peterseim on his 'Hour Of Truth & Integrity' broadcast by World Action Radio and Television Network (WATV).



Bill Peterseim

 Our interview with Bill Peterseim evolved around international parental child abduction prevention and new policy initiatives Patricia and me, along with other advocates such as Carolyn Vlk, Joel Walter, Jill-Jones Soderman, and David Bokel have been seeking to have enacted.

The interview runs one hour long, and is filled with great insight on this growing epidemic that could very well victimize over 100,000 American children alone from now until 2020.

CLICK HERE to listen to the interview.

To sign our White House petition site in support on new child abduction prevention laws, CLICK HERE.

To learn more about our initiatives please visit the official website of Chasing The Cyclone or the official website of Peter Thomas Senese.

Peter Senese: Honesty and Integrity In Child Custody Matters

As the rapidly expanding malignant tentacles known as international parental child abduction cruelly grasp at defenseless innocent children in countries around the world it is imperative that governments everywhere defend against this malice by passing and upholding local and national child abduction prevention laws. Critically, lawmakers must create abduction prevention laws while law enforcement and the judiciary must carefully uphold these laws that were created to protect innocence: our children.

As the vast majority of individuals around the world who advocate for targeted children will testify to, the most crucial component needed to fight the global war of international parental child abduction – and make no mistake: it is a war – is for child abduction prevention laws to be created and fully enforced.

Unfortunately, one of the heartbreaking issues that targeted parents face today is the great challenge and difficulties of having a court actually uphold new laws pertaining to risk factors associated with a potential child abduction. Judicial ignorance can no longer be an unspoken acceptable truth, and Lady Justice must remove her blindfold in the name of defending a child at risk of the horrific crime of parental kidnapping.

Lady Justice, hundreds of thousands of children each year targeted for cross-border criminal abduction need you to see. Today.

Before I go further, I will share an opinion many other targeted parents of abduction I have spoken to share with me: If a court handling a potential child abduction case establishes a zero tolerance policy toward any form of perjury, then the chicanery and intended fraudulent actions of a parent intending to mislead the court and abduct a child may actually be re-considered. A pretty simple policy: if you lie to the court, particularly when it comes to a child’s welfare, then you better be prepared to pay the consequences for your action: sitting in a cell for a period of time and losing your access privileges to your child that you previously may have been entitled to.

Presently, I am voluntarily assisting in several potential abduction cases, including a few cases that are located in the State of Florida. For those of you who may not be aware, on January 1st, 2011 Florida’s ‘Child Abduction Prevention Act’ that was drafted by child abduction prevention advocate and my good friend, Carolyn Vlk, became law. The law mandates judges to assess risk factors associated with a potential international child abduction and issue orders that will protect the targeted child and parent from a possible abduction.

However, in certain cases to which I am familiar with, there have been notable failures by the courts to fully utilize the new child abduction prevention law and carefully consider risk factors associated with a potential abduction as has been mandated under the new law.

Tragically, when a judge fails to uphold any child abduction prevention law, they have broken their fiduciary responsibility to protect a child. Equally, when a court fails to consider the criteria established under the new law, they are sending the worst type of message possible: that child abduction prevention laws mean nothing and would-be abductors will not be held accountable for their conspiracy to criminally abduct a child. And this – particularly when it comes to our children – is unthinkable.

The bottom line in weighing risk factors for a court is that a judge must ask this rather simple questions to themselves: ‘What if I am wrong and the child disappears? What true recourse does the targeted parent have to recover the child?”

Well, any knowledgeable judge will know that once a child is removed from their local jurisdiction and taken to another country, the jurisdiction of their court ceases to exist for all intensive purposes. Now jurisdiction belongs to the international courts, so long as the arriving country (the country where the child was illegally taken to) participates in an international treaty such as the 'Hague Convention on the Civil Aspects of International Child Abduction'. Regrettably, too many nations, including most Asian and Middle Eastern countries are not members of the Hague Convention, while other countries such as Mexico and Brazil are known to not uphold the international treaty they freely signed.

Truly, attempting to navigate an international parental child abduction is like ‘Chasing The Cyclone’.

Consider this: presently there are approximately 230 American children criminally detained in Japan due to a parental kidnapping. Japan is not a member of the Hague Convention. No American child-citizen abducted to Japan has ever been returned. Ever.

Or perhaps a judge should consider the difficulties that a targeted mother would face if her child were kidnapped to Saudi Arabia or any other Middle Eastern country. The prospect of mom safely bringing their child home is near non-existent.

So what exactly is it that a judge must do?

Act prudently at all times and in all circumstances while carefully investigating every aspect of each unique case. Additionally, the court must realize that for many, the international courts are extraordinarily difficult to navigate, that is, if a venue really even exists for a targeted parent to attempt to seek judicial intervention.

One component not often spoken about when considering risk factors is when a parent who may abduct files a (false) police report against the other parent. In scenarios such as this, the court must be mindful that international parental child abduction is a premeditated and well-planned act against both the abducted child and the left behind targeted parent, and that the parent planning an abduction is more than likely familiar with the international laws available to them that they may use to sanction their disobedience before the court.

Specifically, Article 13 of the Hague Convention reads:

Notwithstanding the provisions of the preceding Article, the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution or other body which opposes its return establishes that –

a) the person, institution or other body having the care of the person of the child was not actually exercising the custody rights at the time of removal or retention, or had consented to or subsequently acquiesced in the removal or retention; or

b) there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.

The judicial or administrative authority may also refuse to order the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views.

In considering the circumstances referred to in this Article, the judicial and administrative authorities shall take into account the information relating to the social background of the child provided by the Central Authority or other competent authority of the child's habitual residence.

When a parent who is believed to be a potential abductor files a police report against the other parent the court must consider the validity of the complaint and move with great caution because the potential abductor may have now created a plausible but misleading defense under Article 13 of the Hague Convention that a return of the child back to the child’s country of origin may not be in the best interest of the child.

Thus, court’s must be especially mindful that if a parent is able to illegally depart the country of origin with the child, the difficulties of the targeted parent being able to legally return the child has grown exponentially. This said, the court’s must also consider if a complaint may be valid and act accordingly in the name of the best interest of the child.

The bottom line is this: we’re living in a multi-cultural society where individuals from around the world meet and have a child. At times, like in any other relationship, couples will separate or divorce. Unfortunately, too often the child of the partnership is used as a pawn in order to cause great hardship and pain to the targeted parent. International child abduction occurs, and is growing at substantial rates as shared in the report Carolyn Ann Vlk and I have published titled ‘Crisis In America: International Parental Child Abduction Today’. And most concerning is the fact that certain government policies such as the Western Hemisphere Travel Initiative have created loopholes for abduction (Click Here to read Peter Senese and Carolyn Vlk's report)

Therefore in lieu of the rapidly growing epidemic now at hand, it is the courts and their sitting judges who offer children with their best defense so long as these judges do not put their head in the sand and mistreat the issues of a potential threat of abduction with an uneducated view of the seriousness of the matters at hand. In order for a court to fulfill its duty to the child-citizens they are obligated to protect, a judge must consider all the risk factors of a potential abduction and act swiftly, boldly, and with action that will secure the safety and welfare of both targeted child and targeted parent.

Perhaps the best overall indicator of an abduction threat is when a parent with strong ties to another country is found to be dishonest to or mislead the court during any matters when it comes to the welfare of a child. Perhaps if the courts upheld the integrity of the procedures before them, including holding a parent accountable for perjury or contempt, judges may be able to prevent the cruelty of storms from descending on a child. Perhaps each court hearing involving a child’s welfare should begin with a judge saying, “Welcome to my courtroom. I want both parties to know that if either of you act in any dishonest way or fail to obey my direction in any capacity, I will hold you in contempt of court. Now let’s proceed.”

For more information on international parental child abduction please visit Chasing The Cyclone. To visit Peter Thomas Senese's official website, please Click Here.

Child Abduction Prevention Law In Florida Changes Court Rules on Custody Cases

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

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

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

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

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

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

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

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

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

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

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

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

If you believe your child is at risk, it is critical that you prepare your child on what to do if they are taken (Click here to view how to prepare your child).


If you are interested in understanding the terrifying aspects and difficulties associated with international parental child abduction, I invite you to read 'Chasing The Cyclone' (Click here to read the reviews).

To read Chapter 1 of 'Chasing The Cyclone' please Click Here.

For more information on the growig epidemic of international parental child abduction, please Click Here.


For more information on best-selling author Peter Thomas Senese, please Click Here. or to read more about Peter Thomas Senese's books, please Click Here.

For more information on child abduction and child slavery risks associated with the Western Hemisphere Travel Initiative, please Click Here.

To read more essays and articles on international parental child abduction, please Click Here.

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

Florida Child Abduction Prevention Bill moves forward to House Committee.

St. Petersburg, Los Angeles, New York

MARCH 16th, 2010


FOR IMMEDIATE RELEASE


Lawmakers in Florida’s Legislature Move Forward On ‘Child Abduction Prevention Act’ Bill As A Growing Number Of Citizens Express Intolerance Of Acts Of Parental Child Abduction.

Florida’s legislature is moving forward on a strong parental child abduction prevention bill as lawmakers in the state and across the country have come to realize the unmistakable immediate necessity to place protective laws against abduction in order to protect the hundreds of thousands of defenseless children who are criminally stolen and abused.

The ‘Child Abduction Prevention Act’ (CAPA) bill, known in the Florida Senate as SB1862 and in Florida’s House of Representatives as adjoining bill HB787, if passed, will amend Florida Statute §61.45 by adding certain risk factors of child abduction and provides a list of preventative measures a judge may use to prevent these abductions from occurring. Inclusion of these provisions will strengthen Florida’s weak law and bring it into conformity with the ‘Uniform Child Abduction Prevention Act’ (UPACA), which has been enacted by ten states. In a nation where there are over 370,000 parental child abductions that occur each year, a number that apparently is growing, the ‘Child Abduction Prevention Act’ clearly will prevent the number of abductions within the state of Florida, if passed.

The bill was filed by children’s advocate and champion Representative Daryl Rouson, and has been referred to Florida ’s House of Representatives ‘Public Safety and Domestic Security Policy Committee’. Representative Rouson has demonstrated throughout his career a willingness to take great initiative to assist children.

Representative Kevin Ambler, who heads the ‘Public Safety and Domestic Security Policy Committee’ is no stranger to the family law issues. A portion of Representative Ambler’s law practice focused on family law and children’s welfare. Representative Ambler has placed the bill on his committee’s hearing schedule for Tuesday, March 23rd. The hopes and safety of hundreds of thousands of children in the state who may one day be at risk now rest on Representative Ambler’s ‘Public Safety and Domestic Security Policy Committee’, and the committee chairman’s advocacy for innocent, defenseless children who are at risk of abduction.

Peter Thomas Senese, the author of the critically acclaimed upcoming book ‘Chasing The Cyclone’ and producer of the documentary film ‘Chasing Parents: Racing Into the Storms of International Parental Child Abduction’ stated “Representative Ambler and the rest of the committee members have a very unique and exciting opportunity to make in immediate and long-lasting impact in Florida state law in the name of the best interest of children next week by passing through committee the ‘Child Abduction Prevention Act’ bill. I speak from personal experience when I say that if preventive laws, including a court’s ability to weigh and assess risk factors associated with potential parental child abduction did exist, I would not be speaking out on this issue the way I am. Unfortunately, that is not the case. But there is hope in Florida, and it now rests on Representative Ambler’s shoulders to demonstrate leadership for our children by passing this critically important bill.”

On Tuesday, March 9th, 2010 the State of Florida took a major first step in protecting that state’s children from the horror of parental child abduction. In a bill sponsored by Senator Eleanor Sobel, a unanimous vote of eight ‘Yeas’ and zero ‘Nays’ occurred before the Florida State Senate’s ‘Children, Families, and Elder Affairs Committee’, the Senate moved through its first committee the critically important ‘Child Abduction Prevention Act’. The Senate’s next step is to have the bill voted on by its ‘Judiciary Committee’, which should happen in the forthcoming weeks. If the bill passes a Judiciary Committee vote, it will then move forward to the ‘Civil Justice Appropriations Committee’, before a final vote before the Senate.

In order to bring awareness of the ‘Child Abduction Prevention Act’ bill now before Florida’s lawmakers, a group of children’s advocates familiar with parental child abduction, including Carolyn Ann Vlk, Ken Connelly, Peter Thomas Senese, Larry Synclair, Charles Hamilton, Bryan Lee McGlothin, Tammy Searle, and Barbara Mezo have urged lawmakers to pass this much need bill. The group has created an informative website, including a petition site, that addresses the proposed ‘Act’ (www.floridachildabductionpreventionact.info).

Carolyn Ann Vlk, the author of the ‘Child Abduction Prevention Act’ bill now before the House and Senate stated, “Please carefully consider what we are attempting to implement. In my humble opinion the biggest obstacle we face is a lack of education across the board . . . parents, judges, family court personnel, and policy makers. This deficiency has served to empower potential abductors and compromises the safety of children. Without risk assessment in determining where a credible risk exists, decisions are made that could place a child in unnecessary danger. Parental child abduction is a national tragedy and an immediate remedy is necessary. Please join us in our efforts to protect our most vulnerable members of society - our children."

Floridian resident Larry Synclair, the author of our nation’s first state preventive laws (California) adds, “HB 787 illustrates the need to prevent parental abduction and other states should take similar action. When I sat down to research and write the draft of a bill that would later become the Synclair-Cannon Act, I felt compelled to close gaps in a state’s legal system that allowed children to fall into the hands of abducting parents. California saw the need for the bill and quickly incorporated it into their family code. Today, parents from other states have boldly stepped up to demand laws that will protect their children from this horrific crime that is often ignored by judicial officials. Florida’s HB 787 calls for an implementation of measures that could hinder future acts of abduction. Children need more legislation like this to protect them from this escalating crime."??

Charles Hamilton, left-behind parent of Dakota Carmen Hamilton, stated that “If the ‘Synclair-Cannon Parental Child Abduction Prevention Act’ or a California version of Florida’s HB-787 had existed when my daughter was stolen, the courts would have been armed with the evidence to prevent my daughter’s kidnapping to Spain on December 8, 1996. Failure to sign HB 787 into law will only allow more children in Florida to become victims of this horrible and preventable crime just like my daughter.”

Tammy Searle, a left-behind parent and children’s advocate, now fighting desperately for the return of her daughter is a strong advocate of the present bill and intends to provide the House with testimony next week, along with many of the other children advocates.

Bryan Lee McGlothin, author of ‘Have You Seen My Mother: True Story of Parental Abduction’ stated it best, by reminding the citizens of Florida that "Children have rights and those rights include having both parents in the child's life.”

??Collectively, Florida’s lawmakers and advocates pass urge the citizens of Florida to contact their local representatives and urge them to support the ‘Child Abduction Prevention Act’ now before its legislative body.

“The reality is that none of us who speak out on this issue would be doing so if we did not experience first-hand the nightmare of child abduction. Truth is, most of us didn’t even know what parental child abduction was, or just how severe of a crime this is against our children,” Peter Thomas Senese added. “I personally urge every lawmaker to stand behind Representative Rouson and Senator Sobel’s initiative and draw a line in the sand, so to speak, in the name of protecting our children.”