The Prevent Departure Program: An Effective Tool To Help Stop International Child Abduction

On behalf of the I CARE Foundation I had written an article titled, Summer Vacations and International Child Abduction Warning Signs.  In this article I had listed some detailed scenarios with regards to some techniques that would-be abductors may use in order to wrongfully remove a child from their home country of jurisdiction.  It is estimated that nearly 85% to 95% of all parental abductions in the United States or abroad occur during the school summer vacation and although summer vacations have come to an end for many children as they are returning back to school, international parental child abduction still poses a grave risk for many families.

The I CARE Foundation is always working toward the goal of preventing international abductions.  One of the keys to protecting children from abduction is raising awareness of the realities of international abduction with the hope that our messages about the risks and warning signs that a kidnapping is being planned may allow a parent or other stakeholders the opportunity to prevent abduction.  Historically, the U.S. rate of reported cases of outbound abduction has declined by approximately 15% during the fiscal years 2011 and 2012, and that is after nearly 30 years of reported growth.  This tells us that abduction prevention efforts are working.

Now one of the most concerning risk factors that will lead to international child abduction is the use of a would-be taking parent to use a secondary passport not issued by the United States government in order to depart the country as shared in detail in the article published on behalf of the I CARE Foundation titled Summer Vacation. Child Abduction. Dual Citizenship. Two Passports. How To Prevent Abduction. 


I urge any parent who believes they are at risk of abduction to read both articles that I have listed.

One of the most effective tools available for at-risk parents trying to prevent abduction is the Prevent Departure Program, which is a secure screening program that lists any individual considered by the courts or law enforcement to be a high-risk child abductor.  In order to be placed on the Prevent Departure Program, there are certain requirements, one of which presently includes that the person cannot be a citizen of the United States of America.  Thus, only aliens residents (or non-residents) physically located in the United States may be put on the Prevent Departure Program at the request of the Department of State to the Department of Homeland Security.

Unfortunately, the caveat is that in order for a person to be considered a candidate for the Prevent Departure Program they are not American citizens, which presents a problem since individuals who possess dual citizenship, including American citizenship, cannot be placed on the Prevent Departure Program list.  Hopefully, there will be a modification in policy so that American citizens who are considered to be high-risk child abductors can be placed on a secure screening list.  The following press release provides details of the need to have the Prevent Departure Program policy modified:  Peter Thomas Senese & The CARE Foundation Supports GAO Recommendation to Create Departure Screening List for High-Risk U.S. Citizens Considered High-Risk Child Abductors.

So what is the Prevent Departure Program and how can it be applied?

Case Study 

Lets begin by suggesting Parent A is a citizen of another country but lives in the United States with Parent B. Parent B is a United States citizen. Parent A need not be married to Parent B.

During the course of A and B’s relationship, a child is born in the United States. When this occurs, the child is automatically a United States Citizen by birth.

In all likelihood, the child also will retain automatic citizenship to the nation that Parent A is a national of.

Let us assume both parents enjoy a right of custody to the child either through marriage, or, in cases where there is no marriage, either by state statue or by court orders.

During the course of time, Parent A decides to end the relationship and desires to return to their nation of origin with the child.

Now, Parent B, having great concern that Parent A intends to take the child and flee the United States and go to another country, obtains court orders forbidding Parent A from taking the child out of the country. The court orders for Parent A to turn over to the court the child’s US passport if one has been issued, and further directs the child’s name to be registered with the Children’s Passport Issuance Alert Program, thus essentially removing the potential abducting parent from being able to remove the child from the United States using an American passport issued in the child’s name.

In addition, Parent B successfully requests that the court notify the embassy of the country Parent A is a citizen of, whereas, the court informs the embassy that a child custody dispute is alive and well in the jurisdiction of the child’s country of habitual residency, and the court requests for that foreign embassy not to issue a passport in the child’s name, thus securing the inability of the child from departing until the court proceedings are finalized.

Problem solved? No

In many circumstances, a pending departure is already well planned before the targeted parent becomes aware of it. Parent A may already have in their possession a passport issued by their nation of origin for the child. If this is the case, it is very difficult for the US court to seize the foreign passport of the child, particularly if it is not known whether a passport has been issued in the child’s name.

If a passport has not been issued in the child’s name, then in all likelihood, Parent A will attempt to obtain one regardless if the child’s passport application requires Parent B’s signature or not. In fact, certain countries do not require the signature of the mother of a child, only the father.

In addition, each nation obtains a sovereign right to oversee their own citizens, and since the child may be considered a citizen of the country of Parent A too, the embassy is not required or obligated to follow the U.S. court’s orders. They have every right and may issue a passport in the child’s name despite requests not to do so. And make no mistake about this, in more cases than not, particularly if Parent A is very persuasive when communicating with someone from their own embassy, they will successfully obtain the passport.

If Parent A has possession of a non-US passport for their child, they very well may be able to physically leave the country with the child and illegally abduct the child. What is perhaps even more troubling is the fact that Parent B has no way or right to know if a passport was issued from the native country of Parent A in the name of the child.

A disaster waiting to happen? You bet it is.

But there is hope for those parents who find themselves in a scenario where Parent A is not an American citizen living in the United States with their child and, Parent A possess a foreign passport for the child of the relationship.

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.

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, 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 program does not apply to US citizens at risk of leaving the country.

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.

For more information on the ‘Prevent Departure Program’, please visit the U.S. Department of State’s website or contact the Office of Children’s Issues.

Finally, the Department of State's Office Of Children's Issues Abduction Prevention Division is in charge of requesting that an individual be considered a candidate to be listed on the Prevent Departure Program.  From our experience, it is critically important that a court order be issued stating that a specific person be listed on the Prevent Departure Program, and that person is restrained from traveling outside of the United States with the specified children of the partnership considered by the court to be at risk of possible abduction.  

For more information on international parental child abduction please visit the I CARE Foundation.  Some of you may be interested in also visiting the official website of my deeply inspired novel about abduction titled CHASING THE CYCLONE, which contains a great amount of information on abduction.

Kindest regards to all -

Peter Thomas Senese

Best-Selling Author Peter Thomas Senese Continues His Support Of The I CARE Foundation

Best-selling author Peter Thomas Senese continues to show his dedication for assisting families that are targeted for international abduction by supporting the I CARE Foundation.  Peter Thomas Senese has stated that he is truly honored being able to help these families by donating 100% of his e-book royalties earned from the sale of Chasing The Cyclone. The I CARE Foundation, an organization dedicated to conducting research and raising social awareness about the serious issue of international child abduction, has also played a major role in creating legislative initiatives that are helping to reduce the rate of abduction. 

The critically-acclaimed Chasing The Cyclone has been heralded as a must-read book by targeted parents that are desperately trying to protect their children from international child abduction.  Peter Thomas Senese's novel has been recognized by numerous child abduction prevention advocates around the world, as a road map on how a parent may either prevent the international abduction of their child or reunite with their child.  As international parental child abduction continues to be a grave concern for thousands of parents each year, resource guides that outline child abduction risk factors and preventive measures against abduction are critically important. Chasing The Cyclone provides parents with keen insight on such issues.

Numerous top book critics and readers alike are hailing Chasing The Cyclone as a fast-paced suspense thriller wrapped within the ultimate love story between a father and his son.  Peter Thomas Senese's novel is one that perhaps few other writers could have written with such intimacy, familiarity and depth of understanding.  It is a story of a father doing everything possible to find and reunite with his inernationally abducted child. Chasing The Cyclone is inspired by the best-selling author's own harrowing experience of racing into the dark and dangerous storms of having a child internationally abducted to the other side of the world, and a father's willingness to stop everything in his life to fight incredible odds to find and reunite with him.

Peter Thomas Senese commented, "Chasing The Cyclone is the story of the greatest type of love of all: the love and commitment a parent holds for their child. Imagine having a complete life, filled with all the niceties you can imagine, when suddenly your defenseless child is used in the most unthinkable of schemes intended to cause you great hurt, and is criminally abducted to some unknown place on the other side of the world. Now imagine that the only thing that stands between bringing your child home or having your child lost forever, is you and your willingness to face the ultimate sacrifice. Well, that is what happens when a parent finds themselves "Chasing the Cyclone" of international child abduction."  He adds "When I was 'Chasing the Cyclone' of child abduction, I made a promise to my God that one day I would come back to this fight, and make a difference for other children and their parents. In donating my royalties to the I CARE Foundation, we were able to help reunite children who were criminally abducted with their families. So in this sense, I suppose, readers of my novels have a direct and measurable way to participate in helping children."

The New York Journal of Books had this to say about Chasing The Cyclone: "Chasing The Cyclone is a well-written thriller . . . Senese shares myriad emotions by writing in the first-person as he weaves through the action in this suspense-filled story . . . This novel might also be considered a treatise on international child abduction. Cyclone, while full of actual strategies and resources to assist parents in international abductions, is above all else a love story about a father and son ... From Los Angeles, to Canada, to New Zealand, and eventually, Macau, a special administrative region of China, Cyclone is rife with international intrigue and suspense. The protagonist, Paul Francesco, orchestrates a master plan that he hopes will reunite him with the love of his life - his son. Along the way he finds himself swamped in red tape and drenched in frustration. Filled with a plethora of powerful characters and puzzling predicaments and dead ends, the story moves quickly . . . Cyclone will leave you informed and satisfied . . . you will be reluctant to put down."

The Examiner stated, "Peter Thomas Senese is a gifted storyteller who takes readers on a heart pounding journey around the globe through the eyes of Paul Francesco, a father whose 7-year old son is abducted by his mother. The writing is raw and the emotions are real . . . The story is filled with twists and turns that will leave readers scratching their heads, seething in anger, and hugging their children a little tighter . . . I highly recommend Chasing the Cyclone as a must-read. You will not be able to put it down. It may very well change the way you look at life, child custody, and interactions with your child's other parent. I cannot endorse this book strongly enough."

Amazon Hall of Fame reviewer Daniel Jolley commented, "Chasing The Cyclone isn't just a powerful novel; it's a call to arms against a growing epidemic that is tearing lives apart behind the headlines... Chasing The Cyclone is much more than just a superb, can't-put-down novel, though; it is a book with a purpose... Thomas has become an outspoken advocate on this issue, and Chasing The Cyclone makes for a clear and profoundly effective call to action. I would go so far as to encourage every loving parent to read this book, as the bond between this father and son is one to be emulated..."

Dr. Grady Harp, a highly respected Amazon Hall Of Fame book reviewer said, "Peter Thomas Senese now opens the windows on the magnitude of these tragedies in his excellent "Chasing The Cyclone"... As if the fast paced energy of this story weren't enough to satisfy the reader, Peter Thomas Senese demonstrates his quality as a writer of distinction on many levels... this impossible to put down book..."

Amazon Top Book Reviewer Shelley Gammon added, "Chasing the Cyclone" is the second book I've read by Peter Thomas Senese, and like "The Den of the Assassin," it's a real page turner... This was a book I could not put down. Thomas has a gift in writing a compelling novel that not only keeps the reader engaged, but educates as well."

For more information on international child abduction please visit the following websites:

The I CARE Foundation
Chasing The Cyclone
The Official Website of Peter Thomas Senese

To purchase a copy of Chasing The Cyclone please visit:

Amazon
Barnes and Noble

International Child Abduction Attorneys Around The World Embrace I CARE's International Travel Consent Form

Peter Thomas Sense and The I CARE Foundation Global Hague Convention-Oriented International Travel Child Consent Hailed By Attorneys and Judges Around The World As Major Abduction Prevention Tool

The I CARE Foundation’s International Travel Child Consent Form is presently being utilized by attorneys and at-risk parents around the world in an effort to stop international parental child abduciton associated with the wrongful retention of a child abroad under the rules of the Hague Convention.

The I CARE Foundation is pleased to announce the groundbreaking worldwide release of the International Travel Child Consent Form now available in English, Spanish, French, and Korean. The landmark abduction prevention tool is being called by highly respected international family lawyers as a pioneering, leading-edge resource expected to reduce the number of worldwide international parental child kidnappings.

The International Travel Child Consent Form was conceptually created during an I CARE Foundation conference held at the United Nations on abduction. It was constructed to create a conclusive and categorically undeniable evidentiary agreement between two parents that affirms a child’s country of original jurisdiction prior to travel abroad is permitted while emphatically removing many common abduction defenses established under the Hague Convention child-kidnappers often use to mislead the courts during litigation.

Peter Thomas Senese of the I CARE Foundation stated, “The now released International Travel Child Consent Form is steep in Hague-oriented case law with focus on Articles 1, 12, 13 and 20 of the convention. It was created to affirm and uphold original jurisdiction of a child, affirm the child’s country of permanent residency, and remove any misleading legal defenses an abductor may attempt to utilize under Articles 12, 13, and 20 of the Hague Convention. One of the most important aspects of the new resource is that it also establishes strong support for a child’s immediate return under Article 1 of the Hague Convention. We may not have created a new international law; however, we have created a universal tool that will stop many international abductions.”

Esteemed Washington D.C. uber international family law attorney Armin U. Kuder, partner at the highly respected firm Kuder, Smollar & Friedman, has been named in every article identifying leading family lawyers in the prestigious ‘Washingtonian Magazine’ while also has been named in ‘The Best Lawyers in America’ since the publication’s inception, provided insight on the pragmatic usefulness of the ‘International Travel Child Consent Form’ when he said, “If there is no prior attempt at international abduction of a child, it is extremely difficult to convince a court that it is going to happen. The I Care Foundation International Travel Child Consent Form is a powerful tool for exposing a would-be abductor’s intent. If a parent will not sign the form, we have compelling evidence to present to a court in support of limitations on travel, use of passports, and conditions for access to the child.”

Carolina Marín Pedreño is a partner at the prestigious London-based law firm of Dawson Cornwell, Carolina Marín Pedreño is the Founding Member of FASIM, an international association of attorneys based in Barcelona created to prevent and assist with international child abduction cases. Additionally, Carolina is the Secretary of the British and Spanish Law Association, a member of the Spanish Association of Family Lawyers, AEAFA, Resolution, Reunite: International Child Abduction Centre, the Society of British and Argentine Lawyers, and the Association of Lawyers for Children. She added, “As a practitioner I am very optimistic about the effect the consent form will have in reducing kidnapping. I have just offered to use it in a case in London to offer reassurance to the other parent and minimize any concerns they have about agreeing to a holiday abroad due to a perceived risk of kidnapping. The international judiciary should embrace it as a preventive tool.”

The ‘Christopher Morris International Travel Consent Form’ is named in honor of New York police officerChristopher Morris’ and his legal fight to reunite with his daughter. Despite being a 911 hero, a former member of the FDNY, and a highly decorated police officer, Mr. Morris’ three year struggle to reunite with is daughter demonstrates nobody is immune to abduction. Mr. Morris was present at the conference on abduction held at the United Nations. He commented, “There are thousands of tragedies of abduction occurring each year because parents wrongfully detains a child abroad and then attempt to have a court sanction their disobedient act by further dishonest acts of trying to convince the court there was consent to relocate or it is in the best interest of the child to remain abroad due to abuse. If the I CARE Foundation’s travel consent form was available and had been signed before my daughter traveled to Germany, she would be in New York today. Peter Thomas Senese and the I CARE Foundation continue important and meaningful work to help children around the world. Every parent should utilize this form when a child is traveling abroad.”

Mexico’s Carlos Alvarado is a partner at the International Law Group and considered one of the most knowledgeable international family law attorneys in Mexico. Mr. Alvarado was responsible for codifying and translating the I CARE Foundation’s travel consent form into Spanish. Mr. Alvarado added, "The International Law Group has confidence this new International Travel Child Consent Form will be an excellent tool to prevent international child abductions by inhibiting parents or legal guardians abduct. I am confident governments and its agencies, including courts, will be willing to “enforce” the use of this form for all minors traveling abroad. There are no reasons for a parent or guardian not to sign it if there are no intentions to abduct. I have sent the form to a large number of colleagues in Mexico, including current Judges. Their unanimous opinions were the same: This may not stop international abduction but we all should spread and “enforce” the use of this form to prevent it, and, in case of litigation, have another element to build a stronger case. Litigation of abduction cases are difficult and extremely expensive. This new doctrine should drastically reduce the challenges of reunification in many cases."

New York City attorney Barbara Bevando Sobal, a leading pioneer in Hague Convention Cases, and considered by many in the legal profession as one of the most knowledgeable international family law practitioners and who has been directly involved in over 450 international child abduction cases and who represents clients all over the world provided expert insight on the relevance and need of the I CARE Foundation’s landmark tool when she said, “As an attorney for 26 years, working on Hague Convention cases for 23 years, and having recovered, consulted, been involved with and participated in more than 450 Hague Convention cases, the I CARE Foundation's International Travel Child Consent Form is crucial to Hague Convention Prevention cases. It is not only instructive, and, provides protections that can allay a consenting parents fear of a no-return, but, it is also helpful to Judges in the event that the parties reach an Agreement, consistent with this form, during a contentious travel litigation.” 

Silvia A. Sejas Pardo, a highly respected Argentinean and Spanish international lawyer based in Spain and who is a Founding Member of FASIM, an international association of attorneys dedicated to preventing child abduction commented, “The consent form is simple and clear which makes it an easy instrument to implement globally. The I CARE is providing with the consent form a unique, applicable tool to prevent child abduction. The international community should welcome it. Hopefully it would become a common piece of paper to travel with.”

Bryan Mooney, a Pennsylvania father who attended the United Nations conference prior to his successfully efforts that took over three years to have his three young children returned home from Sweden after his ex-wife took the children for a family vacation said, "The need for a travel consent form that upholds original jurisdiction and specifically removes any misleading defenses an abductor may utilize such as intent to relocate, during times of wrongful retention is critical.  After hundreds of thousands of dollars and several long years working to bring my children home, I am certain that either abduction would not have occurred or, clearly, if it did, the defense used under Articles 12 and 13 would have been non-existent, and my chldren would have been brought home quickly.  The I CARE Foundation's travel consent form is a major tool that every parent traveling abroad should use."

To download a copy of the 'International Travel Child Consent Form' in English or Spanish please visit the I CARE Foundation's official website: http://www.stopchildabduction.org/

Forma Internacional del Consentimiento del Niño del Recorrido Creada Para Parar la Abducción Parental del Niño

Peter Thomas Senese y la I CARE Foundation ha lanzó hoy “La Forma Internacional del Consentimiento del Recorrido del Niño” creada para parar abducciones parentales internacionales del niño durante vacaciones internacionales al exterior con los niños

 

 La I CARE Foundation anunció hoy el lanzamiento de su “Forma Internacional del Consentimiento del Recorrido del Niño” creada para ayudar a prevenir la abducción parental internacional del niño debido a la detención ilícita de un niño que viajaba al extranjero con un padre.

 

Peter Thomas Senese, El Director de la I CARE Foundation indicada, ““Se ha creado La Forma Internacional del Consentimiento del Recorrido del Niño” usando  lurisprudencia substancial  de “La Convención de la Haya Sobre Los Aspectos Civiles de la Abducción Internacional del Niño”.   La atención y el detalle específicos fueron centrados en las defensas internacionales de la abducción asociadas a los Artículos 12, 13, y 20 de la convención internacional e incorporadas en el documento del Consentimiento del Recorrido.  Se espera que el trabajo enorme, la dedicacion del tablero consultivo legal de la I CARE Foundation, muchos que sucedan ser miembros del Departamento de Los Estados Unidos de la Red de Abogados de la Convención de la Haya del Estado, al crear esta herramienta única y de gran alcance de la prevención de la abducción consolide perceptiblemente la posición legal de cualquier padre apuntado para una vuelta inmediata de su niño secuestrado en casos ilícito de la detención asociada comúnmente a las abducciones parentales internacionales del niño por todo el mundo que ocurren durante el período de las vacaciones de la escuela de verano.  El documento del recorrido no actúa simplemente mientras que una forma del Consentimiento del Padre permitiendo a un Niño al Recorrido al exterior pero refuerza la vuelta de un niño a su país de origen basado sobre los requisitos de la afirmación que quitan la mayoría de las defensas legales de un abductor para permanecer al exterior con respecto a la ley de Hague. Esto es un juego-cambiador potencial no apenas para los niños americanos que secuestran, pero para los niños de todas las naciones. “

 

La abducción parental internacional del niño es un problema mundial que es un acto severo del abuso de niño.  Según un informe reciente publicó por el Ministerio de Justicia, los niños que son secuestrado estan en riesgo elevado de actos significativos del abuso y de la violencia por el padre que secuestra, incluyendo asesinato.

 

Durante el período de las vacaciones del verano, la abducción del niño es frecuente.  A menudo, los niños nacidos de una relación multinacional son apuntado  para la abducción cuando la unión o la sociedad analiza, o cuando uno de los padres desea terminar  la relación y de ese padre desea volver a su propio país de origen.  Pues esos padres crean un esquema listo bajo modo de vacaciones de la familia para visitar a parientes de modo que el otro padre consienta al recorrido al exterior.  El padre apuntado viaja a menudo con ellos.  Una vez que al exterior, el padre que secuestra destraílle a menudo un esquema cuidadosamente orquestrado previsto, no sólo para permanecer al exterior con el niño, pero para quitar permanentemente al otro padre de compartir an la vida del niño.

Las defensas legales usadas por los abductores para permanecer al exterior les han permitido a menudo hacer que una corte sancione su abducción.

 La “Forma Internacional del Consentimiento del Recorrido del Niño” estará disponible en Español, Francés, Alemán, e Italiano en los días que vienen.

Para más información sobre la “Forma del Consentimiento Internacional del Recorrido del Niño” y la abducción parental internacional del niño, por favor visita la pajina official de la I CARE FOUNDATION (www.stopchildabduciton.org)

 

Para los abogados interesados en obtener un escrito y de un marco legales completos de la Forma del Consentimiento del Recorrido, por favor contáctese con mediarelations@stopchildabduction.org.

 

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

Child Custody Disputes and Abduction Risk Factors Allowing Your Chld Travel To A Foreign Country With Your Former Spouse

International parental child abduction is not just the act of snatching a child from the country they live in and illegally removing them to another country without the other parent's consent or a court order.

Abduction often takes place when one parent decides to detain a child in a foreign country without the other parent's consent or a court order. This often occurs during high conflict child custody disputes.

The reality is that wrongful detention of a child under the rules of the Hague Convention appears to be the most common form of abduction. Parents need to know and understand the risk factors associated with allowing a child to travel abroad and act proactively to protect them.

Often there is extensive deceit and fraud involved at the hands of an abducting parent.  This includes never giving any indication to the other parent that their alleged 'family vacation' is in fact an abduction scheme.

Unfortunately, there are many abduction defenses that are implemented as part of an abductor's strategy to have a court sanction their act of kidnapping.

There is no question abduction is complicated.  Especially for someone who first experiences the betrayal and fraud associated with abduction.

Recently, the I CARE Foundation launched a very unique abduction prevention tool: one that has never before been created.  It is a universal international travel child consent agreement that was created to remove possible legal defenses associated with an abductor's scheme to wrongfully detain a child abroad.

Please visit the I CARE Foundation to receive a compy of the international travel child consent agreement or to learn more about the criminal act and schemes of parental child abduction.

Kind regards to all,

Peter Thomas Senesehttp://www.stopchildabduction.org/Peter_Thomas_Senese_I_CARE.html

Detener Secuestro Internacional De Niños Este Verano

El Convenio Internacional del Niño consentimiento de viaje está diseñado para detener la sustracción internacional de menores por sus padres.

Los padres involucrados en disputas de custodia de menores o de divorcio que se permite un niño viaje con el otro padre este verano deben considerar seriamente la firma de Acuerdo de Consentimiento Niños Viajes Internacional de la Fundación CARE I.

La forma de viaje niño fue diseñado para ayudar a proteger a los niños contra el secuestro.

Esta puede ser la herramienta de prevención de la sustracción de menores más importante creada.

Por favor, visite el sitio web de la Fundación CUIDADO I para más información. Gracias.

www.stopchildabduction.org