Saturday, June 15, 2013

International Travel Child Consent Form - Best Child Travel Forms


The I CARE Foundation announced today the release of their “International Child Travel Consent Form” created to help prevent international parental child abduction due to the wrongful detention of a child traveling abroad with one parent.
Peter Thomas Senese, the Founding Director of the I CARE Foundation stated, “’The International Child Travel Consent Form’ has been created using substantial ‘Hague Convention on the Civil Aspects of International Child Abduction’ case law. Specific attention and detail was focused on international abduction defenses associated with Articles 12, 13, and 20 of the international convention and incorporated into the travel consent document.  
During the summer vacation period, child abduction is prevalent. Often, children born from a multinational relationship are targeted for abduction when the marriage or partnership breaks down, or when one of the parents wants to end the relationship and that parent desires to return to their own country of origin.  So these would-be-abductors create a clever scheme under the guise of a family vacation to visit relatives so that the other parent will consent to travel abroad. Often the targeted parent travels with them. Once abroad, the abducting parent often unleashes a carefully orchestrated scheme intended not only to remain abroad with the child, but often to permanently remove the other parent from the child’s life.  
The legal defenses used by abductors to remain abroad have often enabled them to have a court sanction their abduction.
The I CARE Foundation’s ‘International Child Travel Consent Form’ addresses many of the possible defenses an abductor may use.
The ‘International Child Travel Consent Form’ will be available in Spanish, French, German, and Italian in the coming days.
To download the form please visit: 

Tuesday, June 11, 2013

Peter Senese: The International Child Travel Consent Agreement. Summer Child Abduction Prevention:


I CARE Foundation (International Child Abduction Research & Enlightenment)
Peter Senese and the I CARE Foundation announced today the release of the ‘International Child Travel Consent Form’ created to help stop international parental child abduction's associated with the wrongful detention of a child traveling abroad.

This agreement has been created for parents with children that will be travelling abroad.  

The release is timely as it allows parents the ability to sign in time for summer vacations as summer is the prominent time for international parental child abductions to occur.
 

As school ends for the summer vacation, the vast majority of international parental child abduction threats and kidnappings take place. Often, these abductions occur when one parent is able to legally remove a child from their country of origin, and travel abroad - as an example, under the idea of a family vacation to visit relatives.  However, and unknown to the child’s other parent, who may or may not be traveling with the scheming parent, there is a deceitful and fraudulent plan to never return back home.

Today the I CARE Foundation released the “International Child Travel Consent Form” that was created to stop international parental child abduction when a parent traveling abroad with their child may consider not returning the child to their country of jurisdiction.
                                                                                           

                  CLICK HERE TO DOWNLOAD TRAVEL CONSENT FORM

Peter Senese, the Founding Director of the I CARE Foundation stated, “The key to protecting children at risk of abduction is to prevent their kidnapping. Today the I CARE Foundation is pleased to release our ’The International Child Travel Consent Form’ based upon substantial ‘Hague Convention on the Civil Aspects of International Child Abduction’ case law.

“The travel document is designed to remove an abductor’s defense under acts of wrongful detention and focuses on key issues related to the Hague Convention’s Articles 12, Article 13, and Article 20.

“The dedicated work of the I CARE Foundation’s legal advisory board to create this formidable legal abduction prevention tool bespeaks of the ongoing dedication to stop the criminal and highly abusive act of kidnapping.

“The travel document does not simply act as a parent consent form allowing a child to travel abroad but reinforces a child’s return to their country of origin based upon affirmation requirements that remove the majority of an abductor’s legal defenses to remain abroad in connection with Hague law.

“The I CARE Foundation’s international travel parental child consent form is a new tool that can be utilized by parents around the world, as well as attorneys who are trying to protect abduction. If a traveling parent refuses to sign the document, then under no circumstance should the other parent or a court permit a child to travel abroad as there is a heightened increase to an abduction threat.”

The I CARE Foundation’s ‘International Child Travel Consent Form’ addresses many of the possible legal defenses an abductor may use in court under Article 12, Article 13, or Article 20 of the Hague Convention.

The ‘International Child Travel Consent Form’ will be available in Spanish, French, German, and Italian in the coming days.

For more information about the ‘International Child Travel Consent Form’ and international parental child abduction please visit The I CARE Foundation official website.

For attorneys interested in obtaining a full legal brief and framework of the travel consent form, please contact mediarelations@stopchildabduction.org.
 
 
Kindest regards to all,
I CARE Foundation Director



Sunday, June 9, 2013

Peter Thomas Senese and the I CARE Foundation Warn Of Summer Travel Scams and Child Abduction

Peter Thomas Senese and the I CARE Foundation Warn Of Summer Scams: Ways Abductors Fraudulently Trick Parents. International Parental Child Abduction

Fraud, consiracy, and heartbreaking schemes intended to destroy the family bond, and on many occassions, see a targeted parent arrested, are all part of the bizarre world of international parental child abduction. And while the evil schemes of an abductor unfolds, often in front of the blind eye of a parent, law enforcement, or the courts, children's lives are at stake, including the real threat of parent child murder at the hands of scheming child abductors, as shared this past week by the Department of Justice.

THE ARTICLE 13 CONSENT OR ACQUIESCENCE DEFENSE: PETITIONERS CONSENTED TO OR ACQUIESCED IN THE REMOVAL OR RETENTION

I have previously written that during the summer school break children are at the highest risk of being a victim of international parental child abduction.  Often, cases of international child abduction that occurs during this time of year is when a parent initially travels with their child abroad with consent from the child's other parent. Often, the other parent (typically unsuspecting of any acts of abduction) will travel with scheming parent who is in reality, in the process of fraudulently planning an international child abduction.  Once the scheming parent arrives in the country they are visiting, they unleash their abduction scheme, which can include legal petitions stating that the other parent had in fact consented to a relocation before they left the child's country of original jurisdiciton, or had subsequently agreed to relocate while in the new country.
This is a very serious matter, and I know many parents who were victimized by abduction under The Hague Convention's Article 13 - Consent or Acquiescense Defense.
During the coming summer ... parents traveling abroad really need to understand some of the do's and do not's!

Under Article 13(a) of the Hague Convention, the court is not bound to return a child if the respondent establishes that the petitioner consented to or subsequently acquiesced in the removal or retention. Both defenses turn on the petitioner’s subjective intent, but they are distinctly different. The defense of consent relates to the petitioner’s conduct before the child’ removal or retention, whereas the defense of acquiescence relates to “whether the petitioner subsequently agreed to or accepted the removal or retention.” The respondent must prove these defenses by a preponderance of the evidence; however, even if one of these defenses is proven successfully, the court nonetheless retains discretion to order the child’s return.

Courts have expressed that such consent can be proved successfully with relatively informal statements or conduct. Because consent requires little formality, courts will look beyond the words of the consent to the nature and scope of the consent, keeping in mind any conditions or limitations imposed by the petitioner. Conversely, the Friedrich v. Friedrich (Friedrich II) court held that acquiescence requires “an act or statement with the requisite formality, such as testimony in a judicial proceeding; a convincing written renunciation of rights; or a consistent attitude of acquiescence over a significant period of time.” The following are some of the most common arguments and actions that parents use in their attempts to prove or disprove the defenses of consent and acquiescence.

1.      Authorization To Travel.

Often, a respondent produces a signed “Authorization to Travel” document as evidence that the petitioner gave consent for the child to change residences. Courts rarely accept this as evidence that the other parent consented to the child’s removal. In Mendez Lynch v. Mendez Lynch, the court held that an Authorization to Travel, which allowed the children to travel freely, did not indicate that the other parent gave up his legal rights of custody. There, a father signed a broad Authorization to Travel that allowed the mother of the children to take the children out of Argentina. The court held that the “evidence [was] clear that the written consents to travel were given to facilitate family vacation-related travel, not as consent to unilaterally remove the children from Argentina at the sole discretion of Respondent.”


2. Words And Actions Of Left-Behind Parents.

Courts frequently echo the warning of the Friedrich II court that “[e]ach of the words and actions of a parent during the separation are not to be scrutinized for a possible waiver of custody rights.” Here, a third party claimed that Mr. Friedrich stated that he was not seeking custody of his child because he lacked the means to support the child. The Sixth Circuit responded that, even if the statement was made, it is “insufficient evidence of subsequent acquiescence.” Additionally, “isolated statements to third parties are not sufficient to establish consent or acquiescence.”


3. Nature Of Children’s Removal.

When the abducting parent removes the child in a secretive fashion – for example, during the night, while the other parent is away, or without informing the other parent – a court is more likely to find that the other parent did not consent or acquiesce to the child’s removal. In Friedrich II, the Sixth Circuit stated that “[t]he deliberately secretive nature of [the mother’s] actions is extremely strong evidence that [the father] would not have consented to the removal of [the child].” One court referenced the abducting parent’s “deception,” which prevented any acquiescence by the left-behind parent.

For more information on International Parental Child Abduction in the United States, please visit the Department of State's Office of Children's Issues website.  In Canada, please visit the Ministry of Justice. You may also visit the I CARE Foundation or the official website of Peter Thomas Senese's Chasing The Cyclone for extensive information on abduction.

Remember, each of us can help protect children by raising awareness of IPCA.  I invite you to read just how important it is to stop abduction by reading 'Testimonial letters about Peter Thomas Senese and the I CARE Foundation', a diverse group of sworn letters concerning how a series of children were rescued from abduction or how their kidnapping was prevented.

And remember, each of our own individual voices does matter.  We can all make a positive difference in the life of one another. Miracles do happen!



Friday, June 7, 2013

Department of Justice: Parental Child Abduction: Threat Of Violence and Death Are Real


Children Parentally Abducted Are At Risk Of Violene or Murder
At Hand of Parent Abductor

“Unfortunately, the threat of violence—and death—in these cases is all too real,” said Ashli-Jade Douglas, an FBI analyst in our Violent Crimes Against Children Intelligence Unit who specializes in child abduction matters.  "Most non-custodial parental abductors want retaliation. They feel that if they can’t have the child full time—or any amount of time—then the other parent shouldn’t have the child, either.”


The following statement shared on the DOJ's official website should cause great concern for society as we try to protect our children from brutal crimes connected with abduction, including murder.  This is something the I CARE Foundation has been sharing for some time: children of international parental child abduction are at risk of murder.. Truth is child abductors put children in grave risk.  Parental child abductors are willing to break rules of law they are expected to obey as well as the orders of a court.  Parental child abductors have no concern with perjury or contempt. Parental child abductors kidnap children in order to cause the targeted parent serious suffering. The aggressive act of kidnapping - using a child to cause harm - is the reality of parental child abduction. 

It is imperative that every social services program, every child welfare organization and every family protective service agency charged with investigating any claims of child abuse carefully analyze any allegations of abuse. Critically, these organizations must carefully scrutinize any claims made by a parent who was previously charged with child abduction, especially if a court determined that parent had committed a criminal act of child kidnapping, or in Hague cases during international parental child abduction that uses a civil procedure for the return of a child despite the federal act of kidnapping being committed, it is imperative that all social service personnel charged with investigating any claims of abuse or neglect made by a child abductor against their previous targeted parent be cautiously examined.  Critically, all social service agencies acting on a complaint against a child made by a parent child abductor must commence their investigation with the hard reality that the child was a victim of kidnapping along with other forms of serious abuse, and carefully review the sociopath tendencies of abductors.

As published on the United States Department of State's website, "When non-custodial parents resort to kidnapping, they believe they are acting in the best interests of their children. Although a minority of parenta1 kidnappers may actually save their children by taking them out of the reach of the other parent, the motives of most parents who steal their children are not at all altruistic. Parents find a myriad of reasons or self-justification for stealing a child from another parent Some abductors will find fault with the other parent for nonsensical transgressions; others will steal a child for revenge."

The State Department's report includes, "[A] profile [of] the parent who shows signs of flagrant paranoid beliefs or psychotic delusions. In this situation, the intervention must focus on the child and his or her safety and well-being . . . Unfortunately, the other parent and the child must be informed about a safety plan at all times."  Continuing, the Department of State's report specifically states, "[The] profile [of an international parental child abductor] is the sociopathic personality."

Again, nobody wants to think about a parent killing their child.

However, we must take into heavy consideration the statement by the United States Department of Justice's Office of Juvenile Justice and Delinquency Prevention (OJJDP)  concerning the sociopathic behavior of abductors. Grave concern was expressed, "As with paranoid and delusional parents, sociopathic parents are unable to perceive their children as having separate needs or rights. Consequently, they often use their children blatantly as instruments of revenge or punishment or as trophies in their fight with the ex-partner. Hence, the sociopathic parent believes that domestic violence and child abduction can be perpetrated with impunity. Like paranoia, a diagnosis of severe sociopathy is rare (4 percent of the studies’ samples).

Filicide.  It’s not a term that I like to talk about, but the reality is, we need to talk about it more.  For those that are not aware, the term filicide refers to the deliberate act of a parent killing his or her own child.  In the United States, hundreds of children are murdered by their parents each and every year. Proportionately, filicide occurs everywhere. It is not a phenomenon isolated within American borders: parents do kill children. And we can't put our head in the sand and think this does not exist.

According to a recent statement released by the FBI, there is a trend that I find incredibly disturbing coming from non-custodial parents - and that is the rate in which they are abducting and threatening to harm their own children... all with the intent of retaliation against the parent who has been given legal custody.

Now, with a large number of American children being born to unwed parents, along with the high rate of marriages ending in divorce, the reality is that there is an increasing number of cases where a single parent is going to have custody of the child. The FBI's statistics show that between the years 2010 and 2012 there was an increase of 41% in child abduction cases that involved custody matters.  So if we add that to the increased number of those parents seeking retaliation through harming their own child - do we need to be concerned?  You bet we do!


These facts share something that the I CARE Foundation has been saying for some time: Children that are parentally abducted are being murdered.  As much as this isn't a surprise to hear, I am deeply troubled by this.

In the FBI report there were some recent cases of filicide that occurred at the hands of non-custodial parents:
  • In 2009, a non-custodial mother abducted her 8-month-old son from his custodial father in Texas. She told the father she killed the boy to prevent the father from employing his custodial rights and in retaliation for his alleged involvement with other women.
  • In 2011, a 2-year-old girl was abducted by her non-custodial father in California. A week later, both were found dead. The father committed suicide after shooting his daughter.
  • In 2012, a non-custodial father in Utah abducted and killed his 7- and 5-year-old sons and then committed suicide. He was angry over not being afforded sole custody of the children.
Ashli-Jade Douglas offers up this advice to help keep children safe:  “Custodial parents should inform schools, after-care facilities, babysitters, and others who may at times be responsible for their children about what custody agreements are in place so that kids are not mistakenly released to non-custodial parents.”


Parental child abduction is a serious crime. The act of abduction leads to ongoing forms of absue toward a child.

When a child is abducted they should immediately be considered to be in great danger!  Law enforcement agencies need to act quickly to ensure that these innocent children are not going to be harmed.  The sociopathic behaviors that a kidnapping parent exhibits has them believing in their own mind what they are doing is in the best interest of the child.  When we think again about the fact that many of these cases revolve around revenge or retaliation, you can see it’s not out of the question to have the ultimate revenge be at the expense of the innocent child… with the act of filicide.


This is all very disconcerting, but one thing is for certain:  raising awareness and stewarding the message about the warning signs of international parental child abduction is the key.  This awareness has played a role in reducing the number of reported outbound child kidnapping cases originating in the United States by 15% during the last two consecutive years after nearly 30 years of continued growth.

It is important to note that while the vast majority of international parental child abductions occur due to sociopathic behavior of a parent-kidnapper, there are times when a parent abducts in order to liberate themsleves and their child from abuse. We acknowledge this issue, and strongly cite that there is no room for any form of abuse in society. In analyzing the I CARE Foundation's casse load, we recognize that both men and women who have abducted their child have cited abuse as a way to have a court sanction their behavior. We also have concluded that the vast majority of these claims of abuse are false, and have been made by the abductor in order to avoid prosecution.

If I may ask you to please share the warning signs of international abduction – you may very well be getting this information out to a family that needs it… ultimately possibly saving the life of an innocent child.  It is that desire, that is so ingrained in me, that I continue my fight each and every day! 

Together we can, and are, making a difference.

- The I CARE Foundation -

Sunday, June 2, 2013

Peter Thomas Senese: Heroes. The Office Of Childrens Issues

The work conducted by the Office Of Children's Issues to help children at risk of abduction has been nothing short of heroic. This assessment is shared by many international parental child abduction stakeholders and is based upon the significant decline of reported U.S. outbound international child abductions over the past two years. While America's reported international child abduction rate has steadily declined, abduction occuring in countries around the world continues to surge - Peter Thomas Senese, Founding Director of the I CARE Foundation

For some time I have wanted to share my view about a group of remarkable individuals I consider to be heroes for their dedication helping children and families in crisis: the often under-appreciated, but highly dedicated individuals working at the United States Department of State's Office of Children's Issues Office (OCI) who work diligently assisting families in crisis due to abduction.  

By virtue of their efforts, this remarkable team has created many miracles demonstrated by the significant decline of reported outbound American child-citizen abduction cases while parental kidnappings in countries around the world continue to soar.

As the summer months of international child abduction is now upon us, we hope the sound work of OCI continues to educate targeted parents so they may protect their children. 

Peter Thomas Senese's
Critically Acclaimed
CHASING THE CYCLONE
As a former chasing parent who once turned to and received assistance from the Office of Children's Issuesand now years later, as the Founding Director of the I CARE Foundation - a non-profit organization dedicated to helping stop abduction, I can say that it is about time that the indefatigable efforts of the Office of Children's Issues is acknowledged, applauded, and certainly, many aspects of their outreach programs should be emulated by other nations.

In the near future, I will be sharing a more detailed retrospective, including coverage in the documentary film 150,000 Internationally Abducted Children now in production concerning the Office of Children's Issues and this dedicated team, many mothers and fathers themselves, who work tirelessly fighting child abduction under the legal guidelines established by the United States Congress when our government acceded to the Hague Convention on the Civil Aspects of International Child Abduction

Within Congressional guidelines, OCI diligently works to assist American citizens either protect their targeted children from outbound abduction, or provide help in a chasing parent's quest to find and reunite with their abducted child who was illegally kidnapped from the United States.  Equally, individuals working at the Office of Children's Issues try to assist chasing parents who have had their child abducted to the United States.  

In its role as the United States' Central Authority with respect to the Hague Abduction Convention, the Office Of Children's Issues is responsible for taking certain action as outlined by Congress in cases involving international child abduction. OCI also provides information in response to inquiries about international child abduction, visitation rights and abduction prevention techniques. Like other Central Authorities around the world, it's responsible for working closely with other agencies and Central Authorities to ensure the speedy return of children under the Hague Convention.

The Office of Children's Issues and the broader U.S. State Department has received sustained criticism by parents of children abducted to and from the United States and the lawyers who represent them for failing to treat international child abduction as a human rights issue rather than a diplomatic irritant, and taking a non-partisan, impartial role rather than effectively advocating for victimized parents and abducted children. 

The Non-Profit
I CARE Foundation
has assisted numerous families.
From the I CARE Foundation's view, there is no question that the United States government, along with all governments around the world should and could do more to assist children and their families who are kidnapped. This said, we must be mindful of the authority Congress vested in the Office of Children's Issues when it became a signatory of the Hague Convention. The reality is an organization is as only as good as their governing guidelines and resources that are made available to them.  So despite their limited operational reach and resources as dictated by Congress, the fact is the individuals who work in the Office of Children's Issues happen to be some of the most dedicated and concerned stakeholders in the world who work in the never-ending storms known as international parental child abduction. 

As a group of individuals with direct first-hand insight at being on the front-line in the war against child abduction, the I CARE Foundation recognizes the incredible tasks all individuals working with the Office of Children's Issues face.

Truth is, when you deal each and every day with international child abduction: trying to assist children and families of internationally kidnapped children while having limited means to do so; and, while you try to comfort the targeted parent who is emotionally and often financially overwhelmed at the abduction of their child; and, while you try to manage the large case load you are tasked to oversee because Congress has limited the resources the Office has been given; and, while you see what appears to be an unending parade of abduction cases (inbound and outbound) come through your door, there is no question that abduction pulls out you. 

Reality is that the individuals who dedicate their lives trying to aid families in crisis of abduction know heartbreak.  Sometimes, they succeed in assisting a family. Sadly, sometimes, they do not. Unfortunately, fighting abduction is very complicated.

However, despite the limited resources made available to them, the Office of Children's Issues has been making one heck of an impact as demonstrated by hard statistics. 

Due to the significant decline in outbound U.S. international parental child abduction cases that the Office of Children's Issues is a key stakeholder in, combined with a general, though limited increase of abduction return cases (see 'Extreme Difficulties In Returning Internationally Abducted Children'), I speak for the I CARE Foundation when I say OCI is made up of many heroes of children.

This past December, 2012 the U.S. Senate passed Senate Resolution 543, condemning international parental child abduction. The resolution was a powerful statement concerning the reality of abduction. In it's passage, we can hope that OCI will receive more funding and broader power to further assist children and their families of abduction. 

Reported Cases Of Outbound Child Abductions From The United States Declines: Contradicts Global Trend For Second Year In A Row


Impressively, the Office of Children's Issues abduction prevention outreach has done something that apparently no other country in the world has accomplished: as international parental child abduction continues to soar around the world, with abduction rates surpassing anywhere from 10% to over 80% per year based upon countries reporting abduction (note: Canada has stopped reporting abduction since 2008), the reported outbound cases of American child abduction has declined by over 15% per year during fiscal years 2011 and 2012.

This is nothing short of a Herculean effort that has created miracles for a large number of families. When considering that primarily due to a large number of anticipated unreported cases of outbound child abductions from the United States associated with the slightly over 11.1 million unregistered alien residents living in America that has been forcast to represent at least 100% of the reported outbound abduction rate according to several I CARE Foundation published studies, the decline in the outbound abduction rate may represent several thousand children, and that, is nothing short of a miracle.

But let's put this in a clearer light in order to truly understand the remarkable effort by the Office of Children's Issues team.

Using a five year reporting period from 2006 to 2010, average international parental child abduction growth in the United States surpassed 20% per year.  Additionally, abduction appears to have increased each year during the three decades the United States took part of the Hague Convention.

Specifically, during 2012 there were 799 reported international parental child abduction cases filed with the United States Central Authority representing a total of 1,144 children. Previously, in 2011 there were a total of 941 reported international parental child abduction cases filed with the United States Central Authority, representing a total of 1,367 children.

Thus, the reduction by 142 filed cases represents a decline of 15% of reported abduction cases from 2012 from 2011. During the same reporting period, there were 223 fewer children internationally kidnapped in 2012 from 2011, representing a 16.3% decrease of total children abducted.
Comparatively, there were 1022 reported international parental child abduction cases in 2010 representing 1,492 children. Thus, there has been a reduction of 223 reported abduction cases from 2010 to 2012, representing a total decline of 348 children between the two years. This represents a two year decline from 2010 to 2012 in reported cases by 21.8%, and a 23.3% reduction over the same two year period in the number of children kidnapped.

Now, is this dramatic decline in the abduction rate completely due to the Office of Children's Issues?  Of course not.

However, OCI is a key and critical stakeholder in the fight to prevent international child abduction amongst American children, and their efforts to do so have unquestionably reduced abduction despite a skyrocketing global trend in abduction.

Why is international parental child abduction occurring?


The answer is rather direct. Our world is becoming filled with global citizens. Individuals from different countries travel abroad to study or work. Some enter into relationships with a person from the country they are visiting, and a child is eventually born from that relationship. During the course of the time, some of these relationships fail. Divorce is a reality. However, often, the foreign-born national living in a foreign country may feel isolated and may desire to return to their country of origin with their child, who more than likely possesses a right of citizenship to that parent's country of birth. Realizing that the child's other parent probably would not consent to having the child relocated abroad, and that a court more than likely would not grant mobility to relocate either, that parent often creates a deceitful scheme to illegally remove the child from the child's country of jurisdiction without consent from the other parent or consent from the court. This is called international parental child abduction. And it is not only an abusive act against a child, but it is a serious, and at times, dangerous crime of kidnapping that has both short and long term effects on the victimized child.

The sad fact is that a large number of marriages, estimated to be between 40% and 50%, in the U.S. end in divorce.  The divorce rate increases to nearly 70% during multinational marriages.  And as recently reported by The New York Times, the whole concept of marriage really is . . . well, 'Why Do People Still Marry? Why Bother? - which I think says a great deal about the shift in committed partnerships in a mobile world.


Another Way To Measure The Office Of Children's Issues Effectiveness: Immigration Migration and Its Affect On Child Abduction Cases 

Regardless of the side of the debate you may be on regarding immigration reform, and your view of unregistered alien residents living in the United States today, the fact is that if a child is born in the United States by two unregistered residents, that child is an American citizen.  

This fact as it is associated with abduction is that just like failed marriages or relationships between legal residents living in the United States, partnerships between unregistered residents fail. And when this occurs, there are times when one of the child's parents may seek to return to their native country, and take the American child-citizen with them.

Unfortunately, when the threat of abduction occurs, undocumented residents have not realized that they can turn to the Department of State's Office of Children's Issues for legal assistance as OCI.  I know this first-hand as the I CARE Foundation's legal team of attorneys has in the past worked with OCI when dealing with undocumented residents and child abduction.

Has the Office of Children's Issues been effective in assisting unregistered parents with abduction cases? 

The answer is not one that can be statistically determined; however, insight can be provided by the increase in abduction prevention cases originating from unregistered residents.  For example, the number of unregistered abduction prevention cases the I CARE Foundation assisted in during fiscal year 2012 to 2013 increased by 175% from the number of cased we assisted in during fiscal year 2011.  In addition, during the first 5 months of 2013, the I CARE Foundation's outreach assisting undocumented residents is already at 70% of the case load during fiscal year  2012.  We fully expect that the number of undocumented alien abduction prevention cases we will assist on during 2013 will double our case load of 2012.

One of the primary reasons why the number of abduction prevention cases is occurring is because the Office of Children's Issues has in fact worked hard to reach Hispanic communities and share a strong and honest message that OCI is there willing and able to help these often forgotten families.

The I CARE Foundation, with our view from the trenches fighting abduction, applauds OCI's commitment.

A report compiled by the renowned Washington-based Pew Hispanic Center reports that most immigrant groups are comprised of young families. The likelihood that a child will be born while the parents are present in the U.S. is high. Prior to 2007, data collected on parents of children under 18 only identified one parent, and a second parent could only be identified if they were married to the first parent. Currently, a second parent identifier is considered whether or not the parents are married to each other. The new data more accurately reflects the number of children living in the U.S. with at least one foreign-born parent.
In 2008 that meant that 22% of all children in the United States had at least one foreign-born parent. In fact, consider the following statistics compiled by the Center for Immigration Studies in its March 2007 analysis. Immigrants and their U.S. born children under age 18, as a share of population: California – 37.9%, Los Angles County – 50%, New York State – 27.9%, New York City – 46.7% and Florida – 27.9%.

It must be noted that although 31.3% of all immigrants originate from Mexico, other countries have significant entry numbers as well. Included in the March 2007 Current Population Survey (CPS) were statistics indicating that 17.6% of all immigrants were from East/Southeast Asia, 12.5% from Europe, 5.5% from South Asia, 3.5% from the Middle East, and Canada at 1.9%.

Traditionally, states such as California, New York, Florida, Texas, Illinois and Arizona have had large numbers of immigrants in their population. What is surprising is the trends in migration toward new centers of immigrant growth. The CPS prepared an analysis of states with statistically significant growth in immigrant population between 2000 and 2007. Most notably, Wyoming, which experienced a percentage increase of 180%, Tennessee at 160%, Georgia at 152.1%, and Alabama at 143.6%. The impact of unprecedented increases in immigrant migration is likely to create multiple challenges as states struggle to keep pace with their newest segment of population and their children.

As a nation of immigrants, it is important to note that as our nation’s population increases due to immigrant migration, so too does the likelihood of increased cross-border child abduction.

Additionally, it has been well established that illegal aliens do not respond to surveys such as the US Census or the CPS. Because the U.S. government does not have accurate records of arrival and departures for individuals present illegally in the country, their numbers must be estimated, as there is no hard data to draw from. However, indirect means for establishing these figures are used, and they must be viewed with a considerable amount of uncertainty. In 2007 CPS, it was estimated that of the approximately 37.9 million immigrants present in the U.S., nearly 1 in 3 immigrants were present illegally.

It is important to note this segment of our population when discussing child abduction because when a child is born in the U.S. that child automatically is a U.S. citizen. While the available data gives us fairly accurate figures regarding the number of children born in the U.S. as well as those immigrants who are present legally, a number is impossible to compile accurately in relation to the unauthorized resident population.

In regards to children born to illegal immigrants, in the five-year period from 2003 to 2008, that number rose from 2.7 million to 4 million. The report published by the Pew Hispanic Centers reported that nationally the children of illegal immigrants now comprise 1 in 15 elementary and secondary students in the U.S. Additionally, in Arizona, California, Colorado, Nevada and Texas more than 1 in every 10 students in those states are the children of illegal immigrants.


A Possible Decline In Unreported Cases of Abduction On The Horizon?

One thing that is of great interest, is a comment made by Jeffrey S. Passel, a senior demographer at the Pew Center.  Passel said, "When we look at the unauthorized immigrant population today, there are a lot of people who came more than 10-15 years ago, and not a lot from the last five years. Two-thirds have been here more than 10 years."
Does this mean that the number of expected unreported cases of abduction, or the number of reported cases filed by undocumented residents will decline?

If we simply consider a statistical curve based upon unregistered population and forceasted abduction's, then the answer is yes, particularly since OCI's outreach to this portion of the population living in the United States has made a big difference.

So What Can The Office Of Children's Issues Do, and What Can They Not Do?

 I speak first-hand as a former Chasing Parent, that it is important to have realistic expectations from the Office of Children's Issues with regard to abduction.  Until such time that Congress changes the role of OCI, this is what you should expect:
  • OCI can provide you with information about various resources that may assist you in your efforts to return your child to the United States;
  • If your child was abducted to a country that is a U.S. partner under the Hague Abduction Convention, as appropriate, OCI may accept your Hague application, forward it to the foreign central authority in the country to which your child has been abducted, and monitor developments concerning your child’s case through the Foreign Central Authority;
  • OCI can provide a list of attorneys in the country where your child is located;
  • OCI can answer questions from local and federal law enforcement about the Department’s role in international parental child abduction cases;
  • OCI can facilitate your communication with U.S. government agencies and non-governmental organizations that may be able to assist you.
What you should not expect from OCI is the following:
  • OCI will not recover your child for you;
  • OCI will not assist you with any financial costs associated with reunification;
  • OCI will not provide you with legal advice;

Expanding Understanding Of International Parental Child Abduction Amongst The International Community

Japan Appears to Finally Be
Prepared To Sign
The Hague Convention 
One of the more impressive, but little talked about accomplishments of the Office of Children's Issues is that using diplomacy, individuals in the Office have worked tirelessly to educate their counterparts in foreign countries about international abduction, and have assisted many countries create their own Central Authorities as required by the Hague Convention.  In addition, the Department of State has applied continued pressure on countries who have either not signed the Hague Convention (such as Japan, which is expected to become a signatory in 2014, or South Korea, which is now a signatory of the Convention).  Furthermore, ongoing diplomatic efforts to have non-complying Hague signatory countries follow the intent and spirit of the Hague Convention are a big part of OCI's global outreach.

Contact Information


For More Information On The Office Of Children's Issues, please visit The Department of State's Website.  Additional information is as follows:

Office of Children's Issues

International Parental Child Abduction

Phone: 1-888-407-4747; 202-501-4444
Fax: 202-736-9132
E-mail:
AskCI@state.gov
Web Address: www.childabduction.state.gov
Mailing Address:United States Department of State
Bureau of Consular Affairs
Office of Children's Issues
SA-29
2201 C Street, NW
Washington, DC 20520

Phone: 1-888-407-4747; 202-501-4444
E-mail:
AskCI@state.gov

Children's Passport Issuance Alert Program

Phone: 1-888-407-4747
Fax: 202-736-9133
E-mail:
PreventAbduction@state.gov
Mailing Address:
U.S. Department of State
Overseas Citizen Services Attn: Children's Passport Issuance Alert Program
SA-29
2201 C Street, NW
Washington, DC 20520

Se habla EspaƱol: 1-888-407-4747

Intercountry Adoption Division*
Phone: 1-888-407-4747; 202-501-4444
Fax: 202-736-9080
E-mail:
AdoptionUSCA@state.gov
Web Address: Adoption.State.Gov

 More To Come

 As shared in the beginning of this essay, this is a short overview of the Office of Children's Issues and why the efforts of many individuals associated with the OCI should be considered heroic and the individuals themselves heroes.  Is there room to improve? There always is for each of us. However, today we take the time to acknowledge the incredible achievements accomplished, with an eye toward building upon the success of protecting children.  And by no means are we out of the woods, but the mountain of abduction is being pushed back, and OCI's efforts have had a big reason to do with that.

One final note: during the time I was Chasing The Cyclone of international parental child abduction, I turned to the Office of Children's Issues with reasonable expectations.  Was the abduction of my child awful? Of course. And there could never be anything that could properly share the evil acts committed against him or me.  But with reasonable expectations, there will never be a day that goes by that I will not hold the individuals at OCI with great respect and esteem, for I will always be thankful for what they did to assist me under the guidelines they were able to.