Tuesday, October 29, 2013

Stopping International Child Abduction: Dual Citizenship, Dual Passport Concerns During The Christmas Season

The Christmas Season and International Parental Child Abduction: How To Protect Against Dual Citizenship or Wrongful Detention Abroad.


How Do You Stop International Parental Child Abduction especially when in the past it has been near impossible to stop a parent intent on abducting who possessed dual citizenship or who has carefully created and executed a scheme to detain a child abroad?
This question has been asked by an extraordinary amount of individuals around the world: from targeted parents, to skilled (and not-so-skilled) attorneys, to judges, to law enforcement, to policymakers and those within governments responsible to protecting at-risk children, and finally child advocates.




Reported Cases of International Child Abduction Originating From The U.S. Declines
Stopping International Parental Child Abduction is not easy.  However,  under a tremendous collaborative effort by governments and NGO's such as the I CARE Foundation, the reported cases of international child abduction originating from the United States has declined for two years in a row, with expectations that fiscal year 2013 will report another statistical decline. This is remarkable when considering that there were nearly 30 years of growth in international parental child abduction cases reported in the United States since America became a signatory of the Hague Convention.
In 2011, the I CARE Foundation commenced formal operations to protect children from abduction. We were not alone in our efforts; however, there is no question that our outreach efforts made a tremendous impact on the lives of the large number of families we voluntarily assisted. The outcome? In contradiction to a forecasted 25% increase in the abduction growth rate for 2011, the actual reported abduction rate declined by over 15%.  The following year, 2012, the actual reported abduction rate dropped by over 16%.  With fiscal year 2013 coming to an end in two months time, I fully expect that there will be another significant decline in the international parental child abduction rate in great part because of the incredible work of the United States Department of State's Office of Chidren's Issues Abduction Prevention Unit and their indefatigable, compassionate, and courageous work trying to protect children.
From my view at the front line on the fight to stop international parental child abduction, the team at the Department of State's Office of Children's Issues are absolute, remarkable, and truly amazing heroes to scores of children around the world for under their guidance, determination, and willingness to collaborate with NGO's, the reality is parents who may be targeted to have a child kidnapped not only are realizing the warning signs and risk factors, but are also learning that there are significant steps that can be done to prevent a child from being internationally abducted.


Christmas Is Abduction Season As The Majority of Children Are Wrongfully Detained Abroad
So here we are, October 29th, 2013. The Christmas Holiday Season is less than two months away.
Christmas is the second highest time of year when children are internationally abducted under the rules created by The Hague Convention on the Civil Aspects of International Child Abduction.
The vast majority of these abductions occur when a child is wrongfully detained abroad by one of their parents.  In fact, it is estimated that 80% of all international child abductions occur when there a child is wrongfully detained abroad.


The I CARE Foundation's Groundbreaking International Travel Child Consent Form
In order to combat against this, the I CARE Foundation created a groundbreaking, Hague-centric International Travel Child Consent Form that can be utilized to protect against a child's wrongful detention abroad.

The I CARE Foundation urges all parents who are contemplating allowing a child to travel abroad this Christmas Holiday Season to use the International Travel Child Consent Form

In child custody cases where a court is mandating that a child travel abroad,  we urge you and your counsel to utilize the International Travel Child Consent Form. For more information,  we  suggest you contact the I CARE Foundation by email at: legal@stopchildabduction.org.

The landmark abduction prevention tool was conceived at an I CARE Foundation sponsored meeting  at the United Nations and has been applauded by major child abduction prevention stakeholders around the world, including senior officers at the Hague Permanent Bureau.


The Colorado Bar Association recently stated of the I CARE Foundation's International Travel Child Consent Form in their outstanding 30-page publication analyzing this game-changing abduction prevention tool:
This travel agreement is substantially focused on key issues associated with the return of a child under the rules of the Hague Convention on the Civil Aspects of International Child Abduction and traditional abduction defenses commonly implemented under Article 12, Article 13, and Article 20. In addition, and with attention to Article 1 of the international treaty, this travel document may assist a left-behind targeted parent expeditiously reunite with their parentally kidnapped child when litigating for their child’s return under the international civil remedies established by the Hague Convention on the Civil Aspects of International Child Abduction. For abductions that take place to non-convention signatory countries, this sworn international travel child agreement may provide a court where the child is wrongfully detained with important evidence on behalf of the left-behind parent.

Protecting Against Child Abductors Possessing Dual or American Citizenship
Outside of the I CARE Foundation's International Travel Child Consent Form, I am thrilled to share
that the United States government and agencies such as the Department of Homeland Security and the Department of State continue their remarkable work attempting to protect children from international parental child abduction.
And their efforts have increased substantially. 
In truth, the individuals working at the Department of Homeland Security and the Department of State have protected an incredible number of children over the past few years from the nightmare of abduction: a number that will grow exponentially as their efforts are realized.
For example, it is estimated that the Department of State successfully requests placement of 10 individuals on the Prevent Departure Program each month while also overseeing an estimated 60 applications for utilization on the Passport Issuance Alert Program.
The result? Incredibly, a FY 2011 decline in international parental child abduction of 15% followed by a 16% decline in 2012.
That's a lot of innocent lives protected - lives that as a recent Department of Justice report stated are at grave risk at the hands of abducting parents.
In the past, American parents at risk of having a child illegally removed from the United States had to deal with the reality that it was extremely difficult to stop an international child abduction if the other parent possessed a right of American citizenship (sole or dual citizenship). Part of the problem is that the United States has limited exit controls and government published information regarding programs that could be utilized to stop international parental child abduction such as the Prevent Departure Program require a suspected international parental child abductor to not have a right of American Citizenship, amongst a host of other requirements.
Today, parents who are at risk of having a child internationally abducted by a parent who possesses citizenship to the United States of America or who has dual citizenship may be able to protect their children from abduction.

Working With The Department Of State's Office Of Children's Issues
As mentioned previously, the individuals working at the United States Office of Children's Issues including those working in the Abduction Prevention Bureau are some of the most dedicated, caring, and effective individuals in the world dedicated to stopping child abduction.

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

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

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

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


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

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

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

4.      Full name of child.

5.      Date, place of birth of child.

6.      U.S. passport number of child.

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

8.      Copy of court order with travel restrictions.

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

10.   Details of potential travel plans.

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

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

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

Press inquiries should contact mediarelations@stopchildabduction.org

Click here to view the Warning Signs of International Parental Child Abduction.