Showing posts with label carlos alvarado. Show all posts
Showing posts with label carlos alvarado. Show all posts

Thursday, May 8, 2014

The International Travel Child Consent Form: A Critical Abduction Prevention Tool

I CARE Foundation Call-To-ArmsSummer is quickly approaching, and with that, the I CARE Foundation sees a drastic increase in the number of children that are targeted for international parental child abduction.  In fact, the summer season, when children are on their school break, is the most prominent time of the year for international abductions to occur. Most often we see families travelling abroad as part of summer plans, but the would-be abducting parent doesn't consider this a family vacation, rather they use it as an opportunity to abduct their child.

When it comes to parental child abduction, the warning signs are visible if you know what to look for, but typically the other parent is unsuspecting of any schemes of abduction.  Once travel is complete and they are abroad, the scheming parent will often lay a host of criminal charges against the other parent, including domestic, physical and mental abuse, threats of murder, and outlandish acts of child abuse and neglect – all for one purpose: to sever the other parent’s relationship with the child and to gain legal actions to the foreign courts they are now physically located in by having the targeted parent arrested and prevented from seeing either them or the child.

Now what most individuals do not realize is that once that child steps foot on foreign soil, that child’s temporary welfare becomes the responsibility of the rules of law and courts of the country they are located in.  Which means this: the police and courts must follow the procedures established under their law: the targeted parent more than likely will be arrested, issued restraining orders against them, and have their access to their child denied until an investigation is done. Meanwhile, the abducting parent files a host of legal motions in the country that will further restrain the targeted parent.

Welcome to a scheming kidnappers idea of a vacation.

It is however, not only the summer vacation season that we need to be concerned about international parental child abduction.  Parents that are involved in high-conflict child custody disputes, especially those of an international nature, where a child may be travelling abroad - they need to think very carefully and be very aware of the risks involved for their child in relation to international travel.

The truth is, international parental child abduction associated with child custody disputes and court orders relating to travel is commonplace. Often, parents involved in international child custody disputes and who may be targeted for abduction think that their child is best protected from abduction when there is a court order in place for the child to return if the other parent is granted travel... but this is just not the case.  Unless you have an international travel child consent form that has immediate ramifications attached to it, then a parent and child targeted for abduction are in serious risk.

Abduction is never in the best interest of the child.

The Hague Convention offers civil remedies for children and parents of abduction. However, the process can be difficult at times and often does not work due to the complexities of law and the limited support a targeted parent may receive litigating their case to reunite with their child.

Clearly, the best way to protect a child from abduction is to prevent international parental child abduction.

In order to combat international child abduction, the I CARE Foundation created the ground-breaking, Hague-centric International Travel Child Consent Form, which can be utilized to protect against a child’s wrongful detention abroad.  Ultimately, the travel consent form helps to ensure the child is returned home should there be an international abduction. With approximately 70% of all international abductions based upon the wrongful retention of a child abroad, the I CARE Foundation’s International Travel Child Consent Form is the most effective tool available to assist parents and children at risk of abduction.

Here is a brief Q & A regarding the International Travel Child Consent Form which will help explain why this ground-breaking tool is so critical in the prevention of international child abduction.

Q.  Why use the I CARE Foundation’s Hague International Child Abduction-centric ‘International Travel Child Consent Form’?

A.  It is estimated that approximately 70% of all cases of international parental child abduction occur when a child is wrongfully retained in a foreign country. The wrongful retention of a child abroad generally occurs during a court directed travel order or when travel occurs by mutual parental consent. 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.

Q.  Is the I CARE Foundation’s ‘International Travel Child Consent Form’ enforceable in foreign courts?

A.  Yes. One of the key elements of the I CARE Form is that the document requires an Apostolic Notarization (see information on Apostolic Documentation). The travel consent form must be delivered prior to travel to the consulate or embassy of the country the child will be traveling to that is located in the child’s country of habitual residency as well as a copy sent to the child’s country of habitual residency’s consulate or embassy located in the country they intend to travel to.

Peter Thomas Senese TestimonyQ.  How difficult is it to have a child who is abducted returned to their country of original jurisdiction?

A.  One of the greatest challenges all targeted parents face is that it is becoming increasingly more difficult to recover and reunite with abducted children.  Statistically, the grave challenges have not been fully revealed primarily due to the vast majority of countries around the world not reporting their abduction rate. In fact, of the 91 signatory countries of the 1980 Hague Child Abduction Convention, only a handful of countries have reported their international parental child abduction statistics.  One country that has done reporting is the United States. And as reported in the testimony presented to the U.S. Senate’s Committee on Foreign Relations hearing that took place in February, 2014, approximately 40% of American children abducted to Hague signatory countries are returned home.  This number has rapidly declined over the past few years.  Additionally, less than 20% of all children taken to non-Hague signatory nations have been returned to the U.S.

It is noteworthy to share that excluding the United States, countries that have reported their abduction rate have demonstrated on average a 20% growth in abduction per year.  The ongoing global abduction rate increase is in contradiction to the reported U.S. outbound abduction rate, which has declined by 23% during  the reporting periods of FY 2011 and 2012.

Q.  Why is it that the majority of parents are successful in carrying out their scheme of abduction?

Hague Conference
A.  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.

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 (outside of tribunal courts such as those established in England) 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.

Q.  Who has supported the I CARE Foundation’s International Travel Child Consent Form?

A.  The I CARE Foundation’s ‘International Travel Child Consent Form’ has been supported by global child abduction prevention leaders around the globe including Turkey’s Honorable Judge Selma Nilhan Tekinalp, a world renown child advocate and leading authority on Hague abduction law stated,
The judiciary has an absolute responsibility to prevent against international parental child abduction. In cases when a parent wrongfully takes or detains a child in a foreign country without court order or consent society must understand that this is never a child custody case but a case of kidnapping. The grave and severe abuse to children of abduction at the hands of their kidnapping parents is devastating and only now coming into public light. From the I CARE Foundation sponsored conference at the United Nations I participated in, and discussed with Mr. Peter Thomas Senese numerous issues revolving around how we may prevent abduction, I am pleased to share that the ‘I CARE Foundation’s International Travel Child Consent Form’ has the worldwide potential to dramatically reduce global child abduction. This agreement is deep in Hague law, and strikes at the core of abductor statements who may attempt to mislead courts into sanctioning a kidnapping established under the rules of the Hague Convention. I welcome the creation of the Special Commission.
Esteemed Washington D.C. 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.
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 creation of the Special Commission is a critical step in furthering the global utilization of the ‘International Travel Child Consent Form’ into courts everywhere. We as lawyers who are on the front-line in the fight to stop abduction not only must embrace this clever and sophisticated tool, but we must share of its high merit with lawyers and the judiciary around the world. If we do, we will prevent many abductions.
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, added,
The positive feedback of the Secretary General is extremely welcome as it highlights the potential of the I CARE Foundation’s ‘International Travel Child Consent Form as an international instrument to prevent and reduce cases of child abduction globally. The I Care Foundation has created a wonderful tool, but it is essential that the judiciary and child abduction practitioners around the world now use the Consent Form in international cases; only then will a body of case law develop in each jurisdiction that will enshrine the importance of the Form and lead to a significant decrease in international child abduction. I welcome the creation of the Special Commission and look forward to sharing our findings with the Hague Conference’s leadership.
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 creation of the I CARE Foundation Special Commission is a very significant event for it further demonstrates the significant progress of the ‘International Travel Child Consent Form’. There is no question in my mind that when fully implemented, we will see a sizable decline in child abductions. On this note, society must remember that when a parent internationally abducts a child, this is not a child custody case, but a kidnapping. And as reported last month by the U.S. Department of Justice, children who are abducted by one parent face high degree threats of violence and possible murder. I look forward to sharing the findings of the Special Commission with the leadership of the international community.
Linda Hammerschmid is Secretary of the Family Law Association of Quebec and a Family Law practitioner in Montreal Canada with over 30 years’ experience in the field. Ms. Hammerschmid commented,
The creation of the new International Travel Consent form is a MUST have, not only for Government Departments, Family Law Attorneys and divorcing couples, but also for INTACT families, and should be kept at the homes of ALL parents to use whenever one or the other wishes to travel alone with their children. Far too often the traveling parent only informs the other, AFTER departure, of their intention not to return the children.
Q.  Has the I CARE Foundation’s International Travel Child Consent Form Work?

A.  The I CARE Foundation’s Travel Consent Form has been utilized in courtrooms around the world. To date and to the best of our knowledge, every child who has traveled under the form and who has properly executed all the instructions suggested on the form have all returned to their home country of origin.

Q.  Will the Hague Secretariat Seek To Implement An International Travel Consent Form in the future?

A.  It is our understanding that the creation of a formal Hague Travel Consent form is a high priority for review of the Secretary General.

Q.  Are there legal briefs and case law analysis available that support the I CARE Foundation’s ‘International Travel Child Consent Form’ and is there a fee for the legal brief?

A.  The I CARE Foundation has prepared an extensive legal analysis of the travel consent form. The analysis is free of charge.

Q.  Can the I CARE Foundation’s ‘International Travel Child Consent Form’ be used for travel to non-Hague signatory countries?

A.  The reality is that children taken to non-Hague signatory countries do not come home. This is a truth that still remains true today. We urge all courts and lawyers considering use of the I CARE Foundation’s ‘International Travel Child Consent Form’ to proceed with great caution when considering allowing travel for a child to a non-Hague country particularly when there are concerns that a child may be wrongfully detained.  If there are moderate concerns of abduction, we strongly advise against any type of travel regardless of the use of our travel consent form or not.

If you should have questions regarding the I CARE Foundation's International Travel Child Consent Form, please contact us at legal@theicarefoundation.org

Please visit the I CARE Foundation website to download a free copy of the International Travel Child Consent Form.

Kind regards to all,

Peter Thomas Senese

Sunday, August 4, 2013

Peter Senese And The I CARE Foundation Create Commission Reporting To Hague Conference On Abduction Prevention

bc6db-icarelogocalltoarms
The I CARE Foundation announced today about the creation of a Special Commission that will steward the global implementation of the recently released 'International Travel Child Consent Form' and report back to the leadership of the Hague Conference on how effective the new abduction prevention tool was in stopping international child kidnappings based upon the wrongful retention of a child abroad established under the Hague Convention on the Civil Aspects Of International Child Abduction. The I CARE Foundation's Special Commission will consist of highly knowledgeable child abduction prevention advocate stakeholders in Hague-signatory member states, including attorneys, judges, law enforcement officers, and policy administrators. The focus and responsibility of the Special Commission is to steward the existence and implementation of the I CARE Foundation's travel consent form around the world that is steep in Hague-oriented language and case law in an effort to prevent abduction. In addition, the Special Commission will share its findings with the Hague Conference on International Private Law, with the goal that the Hague leadership will implement a universal policy similar to what has originated in the non-government organization sector.

Conceptually created at an I CARE Foundation conference held at the United Nations attended by Turkey's Honorable Judge Selma Nilhan Tekinalp, a world renown child advocate and leading authority on Hague abduction law as part of the International Visitor Leadership Program, the I CARE Foundation's International Travel Child Consent Form' has significant support in courtrooms around the world as demonstrated by Judge Tekinalp's perspective. "The judiciary has an absolute responsibility to prevent against international parental child abduction. In cases when a parent wrongfully takes or detains a child in a foreign country without court order or consent society must understand that this is never a child custody case but a case of kidnapping. The grave and severe abuse to children of abduction at the hands of their kidnapping parents is devastating and only now coming into public light. From the I CARE Foundation sponsored conference at the United Nations I participated in, and discussed with Mr. Peter Thomas Senese numerous issues revolving around how we may prevent abduction, I am pleased to share that the 'I CARE Foundation's International Travel Child Consent Form' has the worldwide potential to dramatically reduce global child abduction. This agreement is deep in Hague law, and strikes at the core of abductor statements who may attempt to mislead courts into sanctioning a kidnapping established under the rules of the Hague Convention. I welcome the creation of the Special Commission."

Mr. James Westman, formally a high-ranking senior officer with Canada's Royal Canadian Mounted Police with an extensive investigatory background in national intelligence, counter-intelligence, and child abduction and trafficking and who's dedication to protecting innocent children from abduction is at the very core of the I CARE Foundation's initiatives added, "The creation of the Special Commission that will report the findings and implementation of the International Travel Child Consent Form will hopefully convey the importance of having a Hague-centric platform for children traveling abroad. As a senior federal law enfacement officer, and then later, in my work in the private sector dealing with child abduction, it is clear the vast majority of abusive international parental child abductions occur due to the wrongful retention of a child. What is unique about our I CARE Foundation doctrine is that it cuts to the chase of wrongful retention legal matters created under the rules of the Hague Convention. This new tool, once shared and implemented worldwide very well could become the singular most important international child abduction prevention tool operating on a global scale ever created. I expect that when the Special Commission shares our findings with the leadership of the Hague Conference, our findings will show a significant reduction in abduction cases related to international travel, and, there very well should be a drastic reduction in time targeted parents spend attempting to reunite with their abducted children."

Peter Senese, the Founding Director of the I CARE Foundation added, "It is deeply rewarding to know that from all appearances and initial data, the 'International Travel Child Consent Form' will have a dramatic and significant impact on preventing international child abductions around the world. In a short time, the doctrine not only has been embraced and utilized by a large number of families around the world, but not one child who traveled internationally under this consent form has been wrongfully detained thus far. Naturally the summer is still on us; however, so far, the data is very encouraging. I look forward to partaking in the Special Commission's study and reporting our findings with the Secretary General."

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 creation of the Special Commission is a critical step in furthering the global utilization of the 'International Travel Child Consent Form' into courts everywhere. We as lawyers who are on the front-line in the fight to stop abduction not only must embrace this clever and sophisticated tool, but we must share of its high merit with lawyers and the judiciary around the world. If we do, we will prevent many abductions."

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, added, "The positive feedback of the Secretary General is extremely welcome as it highlights the potential of the I CARE Foundation's 'International Travel Child Consent Form as an international instrument to prevent and reduce cases of child abduction globally. The I Care Foundation has created a wonderful tool, but it is essential that the judiciary and child abduction practitioners around the world now use the Consent Form in international cases; only then will a body of case law develop in each jurisdiction that will enshrine the importance of the Form and lead to a significant decrease in international child abduction. I welcome the creation of the Special Commission and look forward to sharing our findings with the Hague Conference's leadership." 

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 creation of the I CARE Foundation Special Commission is a very significant event for it further demonstrates the significant progress of the 'International Travel Child Consent Form'. There is no question in my mind that when fully implemented, we will see a sizable decline in child abductions. On this note, society must remember that when a parent internationally abducts a child, this is not a child custody case, but a kidnapping. And as reported last month by the U.S. Department of Justice, children who are abducted by one parent face high degree threats of violence and possible murder. I look forward to sharing the findings of the Special Commission with the leadership of the international community."

Jennifer Cluff, considered one of the world's top parent blog writers and who is responsible for the I CARE Foundation's social media outreach added, "Over the course of two years since my involvement with the I CARE Foundation, it still shocks me to realize just how big of a pandemic international parental child abduction is. However, I know first-hand the outreach efforts of our I CARE Foundation family to raise awareness of abduction so that kidnappings may be prevented has a large and measurable impact on stopping kidnappings. As a mother and child advocate, the creation of the Special Commission in order to further share light of the I CARE Foundation's findings could once again protect a large number of children around the world."

Elisabeth Hirsch, a highly respected human rights activist and child advocate who has assisted the I CARE Foundation in global outreach stated, "The creation of a Special Commission to formally value the contribution of the I CARE Foundation's Travel Consent Form' is a critical step in preventing these terrible kidnappings. It is critical that society continue to create abduction prevention tools in order to protect innocent children."

To learn more about the 'International Travel Child Consent Form' please visit the I CARE Foundation:  http://www.stopchildabduction.org/Child_Travel_Consent_Form.html

d6aa7-imagesca9bb5fy

Stop International Child Abduction By Using The International Travel Child Consent Form

Peter Senese & The I CARE Foundation's Hague Convention Oriented International Child Abduction Prevention Tool Provides Family Lawyers New Weapon To Protect Children

Family law attorneys worldwide are calling The I CARE Foundation’s groundbreaking International Travel Child Consent Form as a groundbreaking universal child abduction prevention tool that can be used to protect children at risk of international parental abduction.


The I CARE Foundation’s International Travel Child Consent Form is being viewed by highly respected international family law attorneys around the world who are deeply familiar with the grave challenges of international parental child abduction prevention and reunification as a significant new tool that may assist them and courts protect against abduction.

Worldwide, international parental child abduction increases substantially during the summer months when children are on summer school break. One of the primary methods behind these abductions under the rules established by the Hague Convention on the Civil Aspects of International Child Abduction occurs when a parent wrongfully detains a child in a foreign country outside of a court order or without consent of the other parent after the ‘taking parent’ is initially granted permission to travel with the child to a foreign country.

In many of these cases the ‘taking parent’ carefully conspires to mislead and defraud the courts and the ‘targeted parent’ of their true intent: to relocate in their country of origin with the child while removing the targeted parent's contact with their child. Detecting abduction schemes is often not easy. In fact, some parents conceal their true intent to abduct by inviting the child's other parent to travel abroad with them in an attempt to avoid suspicion of abduction. However, once in a foreign country (often the conspiring parent's country of origin), the conspiring parent unleashes a horrible scheme intended to remove the other parent’s rights to the child. They often succeed.

The I CARE Foundation’s comprehensive 'International Travel Child Consent Form' was created to prevent these types of international parental child abduction schemes by calling for both parties to affirm key components central to the ability for an abductor to mount a false and misleading legal defense while also creating additional affirmations for an expeditious return of a child who has been wrongfully detained.

Steep in Hague-oriented case law with focus on Articles 1, 12, 13 and 20, the I CARE Foundation's International Travel Child Consent Form was created to remove a parent's legal defenses under Articles 12, 13, and 20 of the Hague Convention who may be scheming to abduct a child prior to an alleged 'family vacation' abroad while also establishing strong support for a child’s immediate return under Article 1 of the Hague Convention.

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, "We need to continue to treat child abduction and prevention of kidnapping as something extremely exceptional as we are dealing with children's lives. The uncertainty and abuse related to abduction is not in their interest. The I CARE Foundation's International Travel Child Consent Form is workable and would make child abduction more difficult as this document is a legally strong piece of evidence that may result in protecting many children. I hope all Hague-member states embrace this initiative."

Peter Senese of the I CARE Foundation and author of the critically acclaimed Chasing The Cyclone and lead creator of the consent form added, "The new abduction prevention tool was created to help provide clarity and directional paths for any court or law enforcement agency overseeing international parental child abduction associated with the wrongful retention of a child abroad. As the new international travel consent form reaches into Central Authorities and courtrooms around the world, and as attorneys dedicated to protecting children implement this tool or one similar to what the I CARE Foundation has created, we hope that there is a dramatic decline in abusive child abductions. We may not have created a new law, but we have created a universal child abduction prevention tool the entire world can use."

Mexico’s Carlos Alvarado, a renowned international family lawyer specializing in international parental child abduction prevention and reunification issues, and who is actively involved in new legislation initiatives in Mexico focused on protecting children of abduction added, "As a law practitioner deeply familiar with Hague Convention law and the great challenges parents and lawyers have protecting children targeted for international abduction, it is critical that new and creative abduction prevention tools are utilized to protect children. The I CARE Foundation's International Travel Child Consent Form is an important tool that can and should be used to prevent children from being wrongfully detained in a foreign country. We intend to widely implement this new tool to protect children in Mexico and whenever possible, assist parents who have had a child abducted to Mexico who have utilized this agreement. This is a tool all attorneys should use." 

Adding further insight, renown Florida family law attorney Denise Gunn, who is a member of the U.S. Department of State’s Hague Convention Attorney Network and who recently prevented the abduction of two minors from Florida to a non-Hague Middle Eastern country in a complex custody dispute added, “New and applicable international child abduction prevention resources such as the I CARE Foundation's International Travel Child Consent form is a critically needed tool to stop the abusive criminal act of parental abduction. Once implemented, the foundation's groundbreaking Hague Convention-oriented travel consent form should protect a large population of at-risk children around the world who are targeted for wrongful retention under the rules of local and international law. The ingenuity and thoughtful creation of this agreement illustrates the expertise and commitment of the I CARE Foundation to protect children."

Linda Hammerschmid is Secretary of the Family Law Association of Quebec and a Family Law practitioner in Montreal Canada with over 30 years’ experience in the field. Ms. Hammerschmid commented, “The creation of the new International Travel Consent form is a MUST have, not only for Government Departments, Family Law Attorneys and divorcing couples, but also for INTACT families, and should be kept at the homes of ALL parents to use whenever one or the other wishes to travel alone with their children. Far too often the traveling parent only informs the other, AFTER departure, of their intention not to return the children.” The I CARE Foundation is a non-profit organization dedicated to preventing child abduction.

Jennifer Cluff, one of the world’s foremost parenting blog writers who has stewarded the message of child abduction prevention on her Mom-ology parent site added, “Parents at risk of having a child kidnapped often are not aware of the scheme against them. The I CARE Foundation's tool is something all parenting-focused writers need to share with their readers, especially since the majority of our reader-base is the near-identical demographic of targeted parents.”

To download a copy of the 'International Travel Child Consent Form' in English or Spanish please visit the I CARE Foundation's official website. For more information about suggestions on how to implement the form and to obtain the legal analysis used to create this abduction prevention tool, please contact by email: legal@stopchildabduction.org or call 310.882.3967.

*NOTE: The press news release does not constitute legal advice. Should you require assistance please consult with a qualified attorney.


Wednesday, July 17, 2013

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/