The I CARE Foundation's International Travel Child Consent Form

The I CARE Foundation's International Travel Child Consent Form
Showing posts with label Prevent Departure Program. Show all posts
Showing posts with label Prevent Departure Program. Show all posts

Monday, November 4, 2013

Prevent Departure Program - How To Stop International Parental Child Abduction

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


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.

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 including possible methods available to stop international parental child abduction please email us at legal@stopchildabduction.org.


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.

 

Friday, August 23, 2013

International Child Abduction and The Prevent Departure Program

Earlier this summer I had shared an article that I had written on Summer Vacations and International Child Abduction Warning Signs.  The article explained in detail some of the possible scenarios and techniques that a potential abductor may use in order to wrongfully remove a child from their home country of jurisdiction.  Even though that article was focused on the time of summer vacations, a time where approximately 85% to 95% of all parental abductions occur in the United States or abroad, even though summer is almost over international parental child abduction still poses a very serious threat for many families.

As always, the I CARE Foundation works toward the goal of preventing international child abductions.  One of the major keys to protecting innocent 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 -

Sunday, May 26, 2013

International Multicultural Child Custody, Divorce and Summer Child Abductions Warning Signs

Hi, I’m Peter Thomas Senese, the Founding Director of the I CARE Foundation and as the summer school vacation period approaches, I would like to share with you the assortment of warning signs and risk factors associated international parental child abduction that targets thousands upon thousands of unsuspecting parents and defenseless children each year primarily who are a product of a multi-national relationship or marriage that is or has ended. In sharing some key warning signs today, it is my hope that children will be protected from kidnapping and overwhelming abuse.

Now if you’re like hundreds of thousands of parents around the world the term international parental child abduction may be one you are not familiar with. . . . . . until a child you know is kidnapped and illegally detained in a foreign country by the child’s other parent.

Before I go any further, let me say this: the vast majority of children abducted abroad never come home. Tragically, some can’t – they are gone forever.

According to United States Federal Law, the illegal removal of a child from the country without consent of a court or the child’s other parent is a criminal act of kidnapping. The conspiracy that leads up to the child snatching is generally filled with a host of illegal activities, including false allegations toward the targeted parent of abuse toward the child or other parent. This is something I will touch upon later. However, one thing more than anything else should be clear: parental child abduction is not just an act of kidnapping against an innocent child, but inherently, an abducted child becomes a prisoner of the kidnapper forced to follow and obey the predators instruction under the deplorable acts of parental alienation that the kidnapper deploys as they need to rationalize their behavior toward the child-victim.

Generally, the vast majority of abductions are well-planned and are orchestrated so that the other parent is off-guard when the abduction occurs. Blindsided by the act of international parental child abduction – that tragically is treated very differently than a stranger abduction by law enforcement despite the act being a federal crime of kidnapping - parents who attempt to reunite with their child often enter a dark and dangerous world that will change their world forever.

But what are we fighting for?

Lives.

We’re fighting for a child’s life.

Filicide – a term you may not know - is the act of child murder by a parent. In the United States, hundreds of children are murdered by their parents each year. This is not a phenomenon – parental child murder is a reality that knows no borders.

In cases of parental child abduction the kidnapper uses the child as a pawn to cause hurt and suffering toward the other parent. Denying that parent access to the child is a common theme and often the reason why abduction occurs.

The fear is – the reality is – that many abductors exhibiting sociopath behavior often believe that if they can’t have sole custody of a child – nobody will. Additionally, there appears to be a strong correlation of adult suicides connected to child abduction victims.

None of its easy to discuss yet we’re all only three degrees of separation from knowing someone who may be a target of abduction.

In the course of events leading up to the actual abduction or attempted abduction there are clear warning signs that may allow a parent to protect themselves and their children. And with the summer months upon us – the time of year when most child kidnappings take place – I hope that some insight I will share may be of use to you.

On behalf of my colleagues at the I CARE Foundation, one thing is certain: raising awareness and stewarding the message about the warning signs of international parental child abduction has played a role in reducing the number of reported outbound child kidnapping cases originating in the United States by 15% during the last two consecutive years after nearly 30 years of continued growth.

Make no mistake; the reality is that tens of thousands of children living in cities and on farms across our nation are targeted for kidnapping each year. It is carefully estimated that only 10% of these children will ever come home when we consider the ‘reported’ and ‘unreported’ cases of abduction.

Do you really want to play those odds?

Now before I get into a list of warning signs of international abduction you may ask yourself why is international parental child abduction affecting tens of thousands of families?

The answer is complex, but in general terms, we are seeing a substantial increase in multi-national relationships, which personally I think is great; however, with the notion of ‘global citizenship’ comes some challenges.

You see, as our world becomes a closer, more connected society, individuals from different nations develop relationships with one another, some leading to the birth of a child. Unfortunately, some of these relationships end, and when they do, the foreign-born national parent often desires to return to their home country – and when they do – they usually have a desire to take the child with them.

Except they have one problem: the other parent does not want their child to live abroad after being born and raised in their home country.

Knowing that the likelihood of a court granting them permission to live abroad with their child more than likely will not occur, the parent seeking to relocate to a foreign country often creates a clever, well thought-out plan to either abduct the child from the child’s country of original jurisdiction, or, they will create a deceitful scheme that will enable them to legally remove the child from the country they live in – such as plans to travel on a family vacation with intentions of permanent removal.

Once 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. In the meanwhile, the scheming taking 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.

Sometimes - and I have seen this happen many times – but a kidnapper will say that the other parent actually consented to have the child relocate . . . so that they can litigate ‘what’s in the child’s best interest’ abroad – in their country of origin – and at a tremendous disadvantage to the child’s other parent.

I want to make this very clear: the scheme of a parental child abductor does not discriminate by gender. Men and women generally abduct equally and often cite abuse and mistreatment as the reason why they abducted. They make the claim that they are not abductors but liberators fleeing abuse. The majority of these claims are false. They are lies created to defend against Federal kidnapping charges. They are lies created in hope a court would sanction the abduction under Article 13 of the Hague Convention – a rule that allows an abductor the ability to relocate if they can prove it is not in the child’s best interest to return to their home country. These lies are intended to cruelly cause the targeted parent suffering, including arrest in hope to make any litigation they may bring to reunite with their child difficult or impossible.

So if you think that since you may have a U.S. custody order, and that THAT order will allow you to simply go and bring your child home, you should know this: that once your child is in a foreign country, the pragmatic reality of the custody order you are in possession of may mean very little, especially if the abductor has made a criminal complaint against you and/or filed a civil action for custody. Usually, they happen at the same time.

And so here’s your reality: should you attempt to remove your child and take them home with you, you may be violating laws in the country you and your child are located in and you may be arrested . . . . Your custody order is at least temporarily, useless. Welcome to the world of parental child abduction.

But like Dante’ descending into the Inferno, your nightmare as a targeted chasing parent has only just begun. For example, as an American citizen, do you know that even though the abduction was a criminal act toward you and your child, you are responsible for 100% of all costs associated with finding, monitoring, and litigating your case, including the costs to bring your child home unless you become dead-broke – which often occurs for many targeted parents because the cost to reunite with a child often costs parents hundreds of thousands of dollars. So if you don’t have a large amount of money available, chances are you’re not going to bring your child home. But that’s not it: you still have to deal with the false charges and claims, and litigate abroad. If you don’t think foreign courts have prejudice, you are sadly mistaken.

And if you think you’ll simply be able to get an arrest warrant issued and seek extradition proceedings against the kidnapping parent, you’re in line for some serious disappointment because numerous countries that the United States has extradition agreements with do not have agreements in place regarding parental abduction. In fact, in certain countries, this is not even a crime!

Do you get the sense of hopelessness? If you do – welcome to the world of many chasing parents.

Add to it that while your child is gone, he or she is taught by the abductor to think you are a bad mother or father out to hurt them and their taking parent. Yes, parental alienation and parental isolation are alive and well – and in its abuse, it destroys the innocence and very fabric of your child.

So as the summer approaches, this is the time of year when parents need to be aware of the warning signs of parental child abduction.

I have often heard from parents who tragically stuck their head in the sand and didn’t pay attention to the warning signs that ‘Their partner was not that clever’, to find out just how cunning and deceitful they really were only after their child or children were gone.

The key to stopping child abduction is to prevent it from happening.

The MOST IMPORTANT WARNING sign of abduction is to understand the present relationship you have with the child's other parent and ask yourself 'May that parent have the intent, desire, ability, and means to take your child to another country without your permission, or possible intent to keep your child in a foreign country should you grant permission for your child to travel abroad with you, the other parent, or both of you?

Abduction often occurs as a prelude to parents separating or beginning divorce proceedings, though there are a significant number of abductions that occur post-divorce commencement litigation. In many cases, the abduction is a planned scheme, which means that generally, the parent intending to abduct a child will try to create an atmosphere that is opposite of their intent: meaning that they will try lull the other parent to thinking that they are committed to the relationship, when in fact they are not. This is a critical issue because it is easier to abduct a child when the targeted parent is not seeking to prevent abduction. So having the targeted parent think that there is a loving, committed relationship is critical for the abductor.

So - if you have been in a difficult, strained relationship with a person who has deep ties to a foreign country, and suddenly that person is demonstrating a new-found love or new-found commitment . . . and they eventually pose the idea of traveling abroad with the child so the child could visit that person's family, THIS IS A VERY SERIOUS WARNING SIGN that abduction may be planned.

Remember, even if you are invited to travel with the other parent and child, this does not mean you or your child are safe. I know many parents who traveled abroad with the other parent and child who were in possession of custody orders - only to have false claims of abuse, neglect, or acts of violence made against them within days of touching down in the foreign country. Once that happens, the legal nightmare begins - despite possessing joint custody, there is very little that the targeted parent can do to remove the child from the inbound country because the abducting parent usually has filed legal documents seeking court relief to remain abroad - typically in their country of origin.

So here we are - the school summer vacation season is upon us. Parents need to ask themselves this question: Has my relationship with my child's other parent been strained, and all of a sudden there is a new-found love or commitment by that parent - and is there a trip abroad being suggested or planned? Because if so - you should be very concerned.

As touched upon earlier, if you believe the other parent may remove or retain the child abroad in order to gain an advantage in expected or pending child-custody proceedings by seeking the jurisdiction of the courts located in their country of origin, you should be very concerned.

For example, if a child is taken to a nation in the Middle East, there is a high probability that that nation will allow the abductor to keep the child abroad since the legal environment or cultural traditions may provide the abductor the safe harbor they seek.

In fact, there are many nations who simply do not return internationally kidnapped children, and this includes the majority of countries found in the Middle East, Asia, and Africa, who outrageously, are not signatory members of international treaties on abduction. And before I let you think that having a child abducted to European or South American countries is any better you better think again. For example, I have a good friend who is a highly decorated police officer in New York who had his daughter abducted to Germany. For nearly 4 years this loving, honest, compassionate father has fought to reunite with his child. Yet she remains in Germany and he is as close as bringing her home today as he was when the kidnapping first occurred.

Unfortunately, there are countries, particularly in the Middle East, that have cultural environments that make it very difficult for a woman to recover their child. Cultural norms in Asia make it equally difficult for a man to recover their child. But child recovery and reunification is rare. In fact, there are many cases when the international courts order for a child to be returned to their country of original jurisdiction, and the kidnapping parent does not follow the court orders and does so without fear of retribution or arrest . . . . its a common theme.

Now back to the WARNING SIGNS - If the other parent threatens you that they will take your child abroad and you will never see them, don't take this threat as a non-event. Many abductors who have successfully kept a child abroad did in fact make at least one threat that they were returning to their own country of origin.

Another WARNING SIGN is if the other parent presses you to sign a passport application for your child to obtain a passport from their country of their origin. Remember - your child has a right to dual citizenship if their other parent is a foreign born national.

BEWARE that many nations do not require a second parent's signature in order to obtain travel documents for a dual national child. . . for example France - so you very well may not know if the other parent has a secondary passport issued from another country. THIS IS SO IMPORTANT because even though the U.S. courts may obtain or even cancel your child's American passports, they have no control on passports issued by another country. The fact is that even though a U.S. court order may restrict international travel for the child - passports issued by a foreign country are accepted without question at points of departure from the U.S. "

So if abduction is going to occur - there is a high probability that foreign issued passports will be used to leave the United States.

NEEDLESS TO SAY, if you discover a foreign passport for your child issued from another country that you were not aware of, you have a serious problem on your hand.

Often the scheming parent will use a sudden illness of a family member abroad as a scheme to play on the targeted parent's heart, often seeking to have their child, 'See their grandmother or grandfather before they pass away.' I can't even begin to tell you how many scenarios like that I am aware of - when the targeted parent who let their child travel with the other parent - soon finds out that there was no family emergency, but instead - an abduction scheme.

A CRITICAL WARNING SIGN is if you soon realize that the other parent is sending large sums of money or other personal belongings abroad - or if they are removing all financial ties to the country they presently live in . . . such as selling their home, quitting their job, selling their car. You get the idea.

There is one other VERY IMPORTANT WARNING SIGN that I would like to touch upon here: if there is a false police complaint and incident report filed by your child's other parent against you, there is a likelihood that they are establishing a case against you based upon domestic violence and abuse which will be very beneficial to them in court should they abduct your child.

Disgracefully, both men and women abductors are known to make false claims of abuse toward the other parent when planning to abduct . . . if you think it can’t happen to you – you better think again.

With false police complaints in mind, there is something every parent should be aware of: generally, a parent seeking to abduct a child will often make a false police report against the other parent on Thursday afternoons thru Friday afternoon in hope to have their targeted parent arrested and detained by law enforcement over the weekend so that while the child's other parent is in jail, they have an unimpeded path to depart the country.

When the abductor arrives in the inbound country where they had schemed to abduct the child to - they have established a paper trail of domestic abuse or violence reports that may provide the court in the foreign country with all the evidence they need to allow the abductor the right to keep the child there, thus becoming a 'liberator' as opposed to an 'abductor' because they created the false appearance that they had to run to protect their lives.

Remember, children under 16 years of age living in the United States, Canada, or Mexico are not required to present a valid passport when traveling within North America so long as they travel by land or sea under policies established by the Western Hemisphere Travel Initiative . . . . which means that a closed circuit cruise ship that starts and ends in the same port, but that may travel to foreign ports, is in fact a vehicle for abductors to use.

Hopefully the I CARE Foundation's efforts will cause our government to modify this policy and mandate that children traveling abroad, regardless of age must present a valid passport.

The Truth is that there are a substantial amount of warning signs of abduction, and parents need to pay attention to them TODAY.

Should you believe that your child is at risk of abduction, please contact a qualified attorney who has true experience litigating international child abduction prevention cases.

If child abduction is in process, please contact law enforcement immediately as well as a qualified attorney familiar with abduction. You should also immediately contact the United States Department of State's OFFICE OF CHILDREN'S ISSUES.

As the summer approaches, the reality is that thousands of children will be targeted for abduction. It is anticipated that several thousand children will be kidnapped abroad when combining reported and unreported cases of abduction.

Of these children taken, only a small number will ever return home . . . ever see their targeted parent again . . . ever return to the community they were raised in . . . ever see their family now left behind.

In the process, their identity will be stolen . . . who they are will be denied . . . they will learn to know hatred because that is what an abductor will preach to them in order to have that child hate their left behind parent . . . and they will live a life as a fugitive.

Most of all they will become prisoners illegally detained by a vengeful abductor who is using that child to cause harm and destruction to the other parent.

Tragically, these children will lose their innocence. As I said earlier, many will never come home . . . some simply will never have the opportunity to . . . . they can't.

For more information I urge you to visit the I CARE Foundation's website. You may also visit the official website for Chasing The Cyclone, which is the website of my deeply inspired novel about international child abduction that contains an extensive amount of resources. And of course, you should visit the United States Department Of States Official Website, particularly if abduction is in progress.

Protect yourself and your child. Educate yourself.

Click here to read how to stop international parental child abduction when a child may be issued two dual passports.

 

 

Sunday, May 29, 2011

The Prevent Departure Program Can Be Used To Stop International Parental Child Abduction

Over the course of the past few years, I have assisted other targeted parents and their children who are at risk of being criminally abducted overseas. One of the most useful tools to prevent an international parental child abduction from occurring on U.S. soil is the 'Prevent Departure Program' (PDP). The details of the program are contained herein.

Presently, I am involved in assisting several parents and their children who are at risk of abduction whereas the PDP program is ideal prevention tool for their children.

Here are a few potential abduction cases which I am assisting with, and the risk factors that are associated with each situation. As you will come to understand, the key to preventing a child's abduction truly is in the hands of the courts and their ability to consider risk factors associated with an abduction. However, having a court order all to often can mean very little because the United States has limited exit controls, and in certain cases, a person who has intent to abduct may be able to get around laws that may prevent that person from departing.

Case #1:
Parent 1 is a U.S. citizen and has custody of the child of the marriage. Parent 2 is a non-U.S. citizen who presently has a court order to remove the child of their marriage from the United States and travel to Parent 2's hometown in Europe for 6 weeks. The problem is Parent 2 has no means of purchasing a return ticket to the U.S., does not have employment in the U.S., and does not have a home to go to upon returning to the U.S. In granting Parent 2 the right to leave with the child of the marriage, we must scrutinize whether the court weighed the risk factors properly before issuing an order for Parent 2 to travel overseas with the child. In this case, there is no capacity for Parent 2 to return, no strong attachment within the U.S. to return.

To make matters worse for Parent 1, Parent 2 recently made a police complaint against Parent 1 and that person's significant other. Parent 1 countered that complaint by filing a similiar complaint and also making a second complaint for false police charges. I bring this up because Parent 2's actions demonstrate part of a carefully orchestrated agenda seen in many other cases: laying the foundation for an Article 13 abduction defense under the Hague Convention. For those of you who are not aware of what this is, under the Hague Convention an abducting parent may be permitted by the international courts to remain in the 'arriving country' that they abducted to if they are able to demonstrate to the court that returning the child would not be in the child's best interest. 'The best interest of the child' can take the form of many things, one of them being that the child and the child's abducting parent were at grave risk from the other parent. Now, does abuse really exist in some cases where a person is truly in fear of their life? You bet it does. And when this occurs, and the legal system systematically fails an abused and at risk person, I believe a person should follow the laws of good parenting and survival. However, all too often we have seen the false and manipulative use of Article 13 by an abductor in order to mislead the courts so to have a judge sanction their misbehavior. In the case that I am dealing with, Parent 1 has never had any previous complaints made. Nevertheless, the line in the sand has been created by Parent 2.

Unfortunately for most targeted parents once a child is illegally removed or detained, the heavy cost and financial burden to fight a Hague case are substantial. And even if a targeted parent wins their Hague case, there is this thing called 'an appeal'. The point being every person can appeal their case, causing long delays that very well may wear down the targeted parent's desire to bring their child home.

Obviously it is critical for the courts to prevent an abduction from occurring at all costs. In this case, Parent 2 has no capacity to return, no reasonable prospects to sustainability upon return, and has now begun a clever strategy that could raise flags under Article 13. Clearly, the probability of Parent 2 returning are low while the risks of a criminal abduction are high (Click here for more information on international parental child abduction risk factors).

Case #2.
In this case Parent 1 has custody of two children, while Parent 2 has access. Parent 2 is from a Non-Hague country (kingdom) located in the Middle East. Parent 2 has made abduction threats to Parent 1 in the past. Parent 2 is presently in flight training school in the United States. Parent 2's father also oversees the entire operations, including security for the national airline of Parent 2's country of origin.

When Parent 2's family travels into the U.S. due to government business connected to that nation's royal family, there are limited entry and departure controls due to diplomatic conditions. This includes arriving and departing at private airport terminals and being able to have access to their fleet of jets while grounded the same way any person has access to their private aircraft located at a private airport: you simply walk through the FBO's doors and out onto the tarmac.

In this case, Parent 2 has made previous threats that Parent 1 will never see the children of the marriage again. So, Parent 1 sought supervised visitation of the children for Parent 2 in order to ensure that Parent 2 would not take the children of the marriage and get onto a private foreign government jet and depart to the Middle East (because of that happens, a return of a child, particularly from this kingdom is unlikely). Obviously Parent 2 has the means and capability of an abduction. In this case, risk factors are so grave because of the potential ability of Parent 2 to bypass exit departure controls. (Click here to read what to do when an abduction is in progress).


International Parental Child Abduction (IPCA) has become a global epidemic best exemplified in an assortment of distinct government reports including the most recent 2010 United States Department of State’s Hague Compliance Report prepared for Congress, as well as various non-government reports including the findings published in ‘Crisis In America: International Parental Child Abduction’ Carolyn Vlk and I prepared.


Statistically, the number of international child abductions originating from the United States is alarming. This number, similar to other nations throughout the world, is growing.


According to the most recent Compliance Report issued by the Department of State (2010 Compliance Report measures statistics created during Fiscal Year 2009), there were 1,135 reported cases of parental child abduction in 2009 representing 1,621 children. The number of new outgoing cases has almost doubled since Fiscal Year 2006, from 642 reported cased to now 1,135 reported cases. It is anticipated that the number of reported cases will continue to escalate substantially.


However, many individuals consider these statistics to be inaccurate because they do not reflect the anticipated large unreported immigration population that has migrated to the United States. There are also substantial numbers of international child abductions associated with undocumented migratory parents living in the US with their legally born American child-citizens.


Additionally, historical precedent indicates there exists parents who are left behind in the wake of their child’s international parental abduction who purposefully do not file a child abduction report due to their belief that their chance of recovering their parentally abducted child is slim and that the costs involved in recovery are substantial. Additionally, foreign government’s courts typically favor the abducting parent as a civil order issued by the United States is rarely honored by a foreign nation, particularly if that abducting parent is a national of the country where the child was illegally taken to. There is not question that the crime of international parental child abduction is a well-orchestrated cruel crime against both the child and the Chasing Parent left behind.


Critical to protecting our targeted children and their targeted parent from the nightmare that awaits them if a child successfully is removed from our nation’s borders exists federal and in certain states, abduction prevention laws.Tragically, many states still have not implemented prevention laws. This needs to change immediately.However, in states where there are laws in place and courts have issued orders in order to prevent a parental child abduction from occurring, there are too many loop holes that, if planned carefully, will allow certain individuals the opportunity to abduct a child and flee to another country. This is particularly true if the parent intending to abduct their US citizen child is a non-US - national and that person still holds citizenship to another nation.


This report was created to share certain information about the United State’s Prevent Departure Program, (PDP) and how this particular program may be utilized to assist certain at-risk US citizen children from the horrible fate of international parental child abduction.


Perhaps the best way to discuss the Prevent Departure Program is to discuss a typical scenario where the PDP may be useful.


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.

If you believe your child is at risk, it is critical that you prepare your child on what to do if they are taken (Click here to view how to prepare your child).


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 directly at 888.407.4747 or 202.501.4444.


If you are interested in understanding the terrifying aspects and difficulties associated with international parental child abduction, I invite you to read 'Chasing The Cyclone' (Click here to read the reviews).

To read Chapter 1 of 'Chasing The Cyclone' please Click Here.

For more information on the growig epidemic of international parental child abduction, please Click Here.


For more information on best-selling author Peter Thomas Senese, please Click Here. or to read more about Peter Thomas Senese's books, please Click Here.

For more information on child abduction and child slavery risks associated with the Western Hemisphere Travel Initiative, please Click Here.

To read more essays and articles on international parental child abduction, please Click Here.