Sunday, October 19, 2014

I CARE Hague Convention Child Travel Consent Form Now Available In Japanese

The I CARE Foundation’s International Travel Child Consent Form Available In Japanese

japanese hague convention travel consent form

The I CARE Foundation’s International Travel Child Consent Form created to prevent international parental child abduction associated with a child being wrongfully detained by one parent in a foreign country is now available in Japanese. The travel form addresses key legal issues revolving around the 1980 Hague Child Abduction Convention and provides Japan’s and courts worldwide charged with overseeing potential international parental child abduction cases to and from Japan with a unique, globally well-established court implemented abduction prevention tool that is widely supported by the international legal, diplomatic, and judicial communities familiar with international parental child abduction.
An extensive I CARE Foundation study conducted during the Summer of 2014 surveyed hundreds of attorneys and judges located around the world deeply familiar with international parental child abduction. The study’s findings showed that over 70% of all international parental kidnappings amongst the ninety-four 1980 Hague Child Abduction Convention member signatory nations occur when one parent wrongfully detains a child abroad without the child’s other parent’s consent or a court order, violating the left-behind parent’s right of custody and the child’s right to the targeted parent. The survey also concluded the overwhelming majority of 1980 Hague Child Abduction Convention cases associated with wrongful retention, the abducting parent often uses abduction defenses available to them under Article 12 and Article 13 of the Hague Convention in hope to have the court located in the country the child has been wrongfully detained in sanction their act of not returning the child to their country of original jurisdiction.
Extensive high remarks for the I CARE Foundation’s International Travel Child Consent Form as a groundbreaking, comprehensive, and significant global international parental child abduction prevention tool have been voiced by the leadership within legal communities familiar with international parental child abduction during  legal forums around the world including compelling commentary from senior officers of the Hague Permanent Bureau during but not limited to international legal symposiums on child abduction held during the LEPCA Conference in the Hague, the IAML Conference in New York, and the Sapporo Bar Association’s Hague Symposium in Sapporo. In addition a large and growing number of attorney Bar Associations in the United States and abroad have published positive and meaningful feedback concerning the I CARE Foundation’s travel consent form with clear intent to educate their legal constituents about the landmark child abduction prevention tool. Perhaps most meaningful is the reality that many judges around the world have praised the I CARE Foundation’s travel consent form, have utilized the document in their courtrooms, and continue to implement the form in courtrooms around the world during child custody and child travel legal proceedings.
The I CARE Foundation’s International Executive Director Peter Thomas Senese stated, “Demonstrating the I CARE Foundation’s commitment to protecting children, I am pleased to announce that our globally recognized International Travel Child Consent Form is presently being or has been translated into 30 languages, including every language spoken by signatory countries of the 1980 Hague Child Abduction Convention. In addition, numerous legal briefs and other pertinent information surrounding our travel form have and will continue to be translated into all 30 languages by a high-caliber team of professional legal translators. Obviously this is no small task; however, it is a vital undertaking.
“With respect to Japan, and for that matter all nation’s and their children, the creation and use of our travel consent form is rather simple: children have a right to know magic and to live in a world free of concern from parental child abduction. And targeted parents of abduction have a right to have society protect their children from kidnapping. We believe in these rights. Our work and dedication continues.”

 

I CARE財団の子供の渡航同意書を日本語で提供

  
外国で片親により不正に奪取された子に関わる国際的な親による子の奪取を防止するために作成されたI CARE財団の子供の渡航同意書は現在、日本語でも提供されています。この渡航同意書は、1980年ハーグ国際的な子の奪取の民事上の側面に関する条約をめぐる法的な問題に対応し、日本から及び日本へ来る国際的親による子供の奪取の可能性の案件の監視を担当する日本及び世界の裁判所に、国際的な親による子の奪取に精通し、国際法、外交、そして司法の社会に広くサポートされ、ユニークで世界的に確立された裁判所が実施する奪取防止ツールを提供します。

2014年の夏に実施された大規模なI CARE財団の調査では、国際的な親による子の奪取に深く精通した世界中の何百人もの弁護士や裁判官を調査しました。調査結果によれば、94ヶ国の1980年国際的な子の奪取の民事上の側面に関する条約の署名メンバー国全ての国際的な親による子の誘拐の70%以上は、片親が子供のもう一方の親の同意または裁判所の命令を得ることなく、不正に子供を外国で拘束し、残された親の保護権と対象なる親に対する子の権利に違反する時に発生しています。この調査でも、不正な拘束に伴う1980年国際的な子の奪取の民事上の側面に関する条約の相当数のケースでは、奪取する親は多くの場合、子供が不正に拘束された国にある裁判所が、元の司法権を有する国に子を戻さないという行為に対する制裁を期待し、ハーグ条約の12条と13条で供されている奪取の弁護を利用していると結論付けました。


I CARE財団の国際担当常任理事のPeter Thomas Senese は以下のとおり述べていました。「I CARE財団の渡航同意書を活用して発生したこの渡航のケースの多くにより示されており、我々が把握している範囲では、この文書を利用した全ての子は帰宅できており、我々は国際的子の奪取防止の世界的な舞台においてハーグ条約に基づく渡航同意書が持つ重要な役割を引き続き目撃し、公式ハーグ渡航同意書をグローバルな拘束防止のツールに取り込むことを検討する事務総長の意図をサポートしています。我々はグローバルな国際的親によるこの奪取の割合は、ハーグ条約を基にした渡航同意書の利用により大きく減少すると極めて楽観的に見ています。我々の相当の研究では、全ての国際的な子供の誘拐の70%以上は、子が不正に外国で拘束されている時に発生しています - 我々の渡航同意書がうまく保護した親による子の誘拐のシナリオそのもの。」

「I CARE財団の子を保護する献身的な取り組みを示しており、我々のグローバルに認知された渡航同意書は現在、1980年ハーグ国際的な子の奪取の民事上の側面に関する条約の調印国で話される全ての言語を含め、30か国語で翻訳中であり、これまで翻訳が行われてきました。加えて、我々の渡航合意書周辺の数多くの法的な説明やその他の関連情報は引き続き、専門法律文書翻訳者の高レベルなチームにより全て30か国に翻訳されます。明らかに、これは小さな作業ではありませんが、欠くことのできない取り組みであることということを発表できることは喜ばしいことです。」

「日本に関して、そしてその点については、全ての国及びその子について、我々の渡航同意書の作成と利用はむしろ簡単です。子は魔法を知り、親による子の奪取の懸念の無い世界に住む権利を有しています。そして奪取を行う対象の親は、社会に誘拐から子を保護させる権利を有しています。我々はこの権利を確信しており、我々の作業と献身的な取り組みは継続していきます。」

Monday, October 13, 2014

Protecting An At-Risk Child From International Parental Child Abduction During Travel

Some of you may not be aware of the term international parental child abduction, but those of us that are involved with the I CARE Foundation are all too familiar with it.  International parental child abduction is a serious issue that affects many thousands of unsuspecting parents and children worldwide each and every year.  It is a severe form of abuse against not only innocent children, but also those parents that must then fight to reunite... hopefully safely... with their parentally kidnapped child.  It is a horrific and unforgiving world that no parent... and no child... should ever have to experience.  The I CARE Foundation is very aware of the incredible risks and challenges that face both the abducted child and left behind parents once an abduction takes place... so prevention is always the key!
When we look at abduction prevention, one of the most effective tools readily available to parents is the I CARE Foundation's International Travel Child Consent Form, specifically protecting a child from wrongful retention in a foreign country which accounts for approximately 85-90% of all international child abductions. If your child is going to be traveling abroad, as a parent you should seriously consider utilizing this proven effective travel consent form to protect your child from abduction.  Being proactive is the key as the majority of parents who have become victims, have rarely seen the warning signs that may have told them the other parent was planning to kidnap their child.
Peter Thomas Senese, the Executive Director of the I CARE Foundation shares, "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 consent form is a 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."
As you read this you might think to yourself... "This could never happen to me".  Generally every parent that has become a victim would have, at some point, said the same thing. The parents that need to pay most attention to this information are those that are involved in relationships that are strained or are in the midst of a divorce or separation, as well, those that are involved in child custody disputes,  These parents should be very aware of the risks involved when it comes to your child traveling abroad - in particular if your child's other parent has strong ties to a foreign country. Another important aspect to this - if you happen to have a custody agreement that states that your child must travel, never assume that a court order is enough to ensure that your child will return home safely because this is just not the case.  A parent that is already willing to kidnap their child, which is an extreme form of child abuse, is not going to think twice about ignoring the requirements of a court order.  The simple fact is that without the protection of a travel consent form that has immediate and clear ramifications attached to it, such as the I CARE Foundation's International Travel Child Consent Form, there are no guarantees that your child will return home.
Understand that the intent here is not to be blunt, but rather share the cruel reality that faces so many families today.  Is there a chance that yours might be one of these families?  If so, don't hide your head in the sand.  Being proactive and being aware of the warning signs of international parental child abduction, could well protect your child from a life of abuse at the hands of his/her other parent.
If you don't fit into any of the criteria above, you should still be aware when traveling. Parental child abduction can commonly occur when both parents are traveling with their child to a foreign country. Perhaps you have planned a family vacation over, say, Christmas holidays during which, something like this could happen: The traveling family arrives in the foreign country they are visiting, and once they have landed, the would-be abducting parent files false claims of abuse and neglect against the other parent... the unsuspecting parent!  Once this is done, they notify the other parent that they and the child will not be returning back to the country of original jurisdiction.  From here, the targeted parent is generally forced to return back home without their child where they then need to seek legal assistance.
This is an example of what the cruel and unforgivable world of international child abduction can be like.  But once again, it is important to note, that as a parent there are things that can be done to help protect your child and to help protect yourself.
The I CARE Foundation focuses a great deal of their efforts on abduction prevention and has been involved in an growing number of cases in both prevention and reunification. The work of those involved with the Foundation speaks for itself.  At the forefront of this work is Peter Thomas Senese, who shows time and again that protecting children from parental abduction is a commitment that he stands unbowed to so that children and their families may never know the nightmare that is the world of international abduction. There are numerous sworn testimonial letters from individuals regarding the advocacy and volunteer work that Peter does each and every day.  As well, Peter has provided testimony to the United States Senate Committee on Foreign Relations in regards to the issues that revolve around international parental child abduction.
And on a final note, it's important to mention again about the 12.23% decline in the reported U.S. outbound abduction rate during the year 2013.  This past year's decline brings the overall reduction in the outbound rate of international parental child abduction to over 38% since the I CARE Foundation began their advocacy efforts and working to bring an end to international abduction and trafficking.  As the I CARE Foundation continues it's extensive work in advocating and protecting children we hope to see this trend continue in the year to come.  However, the truth is, there is still a great of work to do... so our efforts continue while we work to protect the innocence of children around the world.


To DOWNLOAD a copy of the International Travel Child Consent Form, please visit the I CARE Foundation's official website.

Wednesday, October 8, 2014

How To Stop Parental Child Abduction? The I CARE Foundation's International Travel Child Form and the Hague Child Abduction Convention

Travel Documents For Children?

Fear of international child abduction? Separation or Divorce in a multi-national relationship?

Selecting the best international travel consent form for your child can be the complete difference between an international parental child abduction being carried out or not by the child's other parent. Yes - I said 'International parental child abduction'.  You see, the vast majority of children - and there are tens of thousands of children targeted each year for international parental child abduction - who fall prey to abduction come from multi-cultural families that are often in conflict such as a failing relationship or outright divorce.

In today's global environment, there is only one global abduction prevention tool that can prevent against a child being wrongfully retained abroad, and that is the I CARE Foundation's International Travel Child Consent Form.  The fact is, there is no other child travel consent form created like it, as it it steep in the 1980 Hague Child Abduction Convention language needed to defend against a parental abduction. 


In fact, the I CARE Foundation's travel consent form has been hailed by the international legal community as a critically important child abduction prevention tool that all parents around the world should use when allowing a child to travel abroad.

                                          http://theicarefoundation.org/international-travel-child-consent-form/


According to the I CARE Foundation's extensive research,  the majority of all cases of international parental child abduction occur when a child is wrongfully detained in a foreign country. The wrongful detention of a child abroad generally occurs during a court directed travel order or when travel occurs by mutual parental consent, particularly during the summer school break or the Christmas holiday season. However, unknown to the targeted parent who may either travel with the child or who may remain in the child’s country of habitual residency, the scheming parent intending to remain abroad with the child has more than likely crafted a well-orchestrated scheme that includes use of Article 12 and Article 13 of the Hague Convention in order to remain abroad with the child.  Unfortunately, the vast majority of children wrongfully detained in a foreign country do not come home.  The I CARE Foundation’s ‘International Travel Child Consent Form’ protects against misuse of all known international child abduction defenses under the 1980 Hague Child Abduction Convention, including Articles 12, 13, and 20, while upholding the intent and spirit of Article 1 of the Child Abduction Convention.
One of the major problems that exist today when parents are required to attempt to bring home their wrongfully retained child is that the ease parental child abductors have in defending their act of abduction has expanded significantly. One of the primary reasons behind this ease of defense is that courts around the world have wrongfully expanded the scope of Article 13 of the Hague Child Abduction Convention - the 'best interest' clause - to such a wide scale that it makes it extremely difficult for a left behind parent to reunite with their child. 

However there is real hope - hope that has been proven in a large and growing number of cases around the world: the I CARE Foundation's travel form has been able to mute fraudulent claims of an Article 12 and Article 13 defense in courtrooms around the world.

Peter Thomas Senese, the creator of the I CARE Foundation’sInternational Travel Child Consent Form and the Executive Director of the I CARE Foundation stated, “Perhaps the singular most important factor is that local courts in foreign countries are not abiding by the intent and spirit of the Hague Child Abduction Convention.  Specifically, all abductors will make defense claims under Article 12 or Article 13 of the Hague Convention.   Article 12 has to do with intent to relocate, and Article 13 has to do with the ‘Best interest of the child’, which recently has been expanded in many courts to include ‘Best interest of the child and extended family’. Unfortunately, Article 13 in particular has become the Achilles Heel of the abduction prevention community.

“Hague Conference During Hague proceedings, the convention calls for the inbound country’s Hague Court to look at Article 13 defenses only in extreme cases as the intent of the 1980 Hague Child Abduction Convention is to determine which court has jurisdiction of the child, and then properly and expeditiously return that child to the country where the court of original jurisdiction is located.  However, around the world, courts are no longer acting in an expeditious manner as is cited under Article 1 of The Hague Child Abduction Convention.  Instead, local courts are calling for detailed findings of what is in the best interest of the child and in essence making their own custody ruling even though they are not the court of original jurisdiction. Problematically, these courts are in essence mooting not only the 1980 Hague Child Abduction Convention but they are essentially quashing the court orders originating from the child’s country of original jurisdiction.

“What the I CARE Foundation’s ‘International Travel Child Consent Form’ does is it upholds the intent and spirit of the 1980 Hague Child Abduction Convention, including Article 1’s ‘Expeditious determination clause’. In addition, the travel consent form strongly addresses misuse of Article 12 and Article 13 defenses, and essentially moots use of false claim.  In addition, the I CARE Foundation’s travel consent form upholds the sanctity of the court of original jurisdiction located in the child’s country of habitual residency.

In essence, the I CARE Foundation’s ‘International Travel Child Consent Form’ is the only global child abduction prevention tool that safeguards against misuse of the Hague Child Abduction Convention defenses and calls for the immediate return of a child if that child is wrongfully detained by mutual consent of both parents.

Extensive high remarks for the I CARE Foundation’s International Travel Child Consent Form as a groundbreaking, comprehensive, and significant global international parental child abduction prevention tool have been voiced by the leadership within legal communities familiar with international parental child abduction during  legal forums around the world including compelling commentary from senior officers of the Hague Permanent Bureau during but not limited to international legal symposiums on child abduction held during the LEPCA Conference in the Hague, the IAML Conference in New York, and the Sapporo Bar Association’s Hague Symposium in Sapporo. In addition a large and growing number of attorney Bar Associations in the United States and abroad have published positive and meaningful feedback concerning the I CARE Foundation’s travel consent form with clear intent to educate their legal constituents about the landmark child abduction prevention tool. Perhaps most meaningful is the reality that many judges around the world have praised the I CARE Foundation’s travel consent form, have utilized the document in their courtrooms, and continue to implement the form in courtrooms around the world during child custody and child travel legal proceedings.

For more information please visit The I CARE Foundation at www.theicarefoundation.org.  


For attorneys seeking access to the legal brief and analysis of the travel consent for contact legal@theicarefoundation.org