I am very pleased to share with you that through the indefatigable efforts of a group of international child abduction prevention advocates and organizations, including my esteemed colleagues at the I CARE Foundation as well as those individuals and organizations who have worked diligently to raise public awareness of the alarming and destructive growth of international child kidnapping, the United States Department of State has reported that the actual number of reported cases of abduction and the number of children kidnapped and detained abroad has declined by over 15% for the second year in a row. Prior to the two year decline, abduction rates averaged between 20% and 40% consistent growth for years.
Over the past two years, the self-funded, non-profit I CARE Foundation that I am a Founding Board of Director member of has worked diligently to protect the rights of children and their families at risk of abduction. The I CARE Foundation has played pivotal role reuniting numerous children of abduction with their families while also preventing the abduction of a large number of at-risk children. Our work and effort in creating new policy and law has made a measurable difference in the lives of many. We remain committed.
I would like to take a moment to thank each and every advocate across all organizational ties who have worked tirelessly to protect children from abduction. Much credit must be shared with the United States Department of State's Office of Children's Issues, who have increased their educational outreach programs.
In addition, I would like to acknowledge the incredible efforts of Mr. Peter Thomas Senese and Ms. Carolyn Vlk for their Herculean efforts they have put forth day-in and day-out: children have been brought home while abduction has been prevented in large scale because of the heroic work each of you put forth. Looking back at my own involvement into the world of IPCA, I remember when Mr. Senese first became a chasing parent as is governed by the rules of the Hague Convention. Since that time, I know of no person who has acted as selflessly and been committed to helping others more than Peter Thomas Senese. The results of his dedication, including his ongoing financial contributions to the foundation, is best illustrated by the many children rescued from abduction or trafficking that the I CARE Foundation has had a steady hand is assisting. And by no means am I referring to 1 or 5 or 10 children, but many dozens of children.
Seeing first hand how active the I CARE Foundation assisting parents facing abduction, and knowing the large number of cases we have played a role in aiding, I am not surprised that the number of reported abductions has declined. This drop is what we hoped for - what we fought for - and what we expected.
Additionally, the I CARE Foundation has worked with a group of the best parenting blog writers who shared the message of IPCA awareness: there are not enough words that can be expressed to say thank you; however, the statistical decline in abduction says it all. There is no question that a large part of the number of child abduction prevention cases that occurred was due to parents becoming aware of IPCA risk, and very directly, and measured by the I CARE Foundation's own intake of cases we assisted in, the impact of stewarding the message of warning signs of abduction delivered by these incredible parenting blog writers has been enormous. So to each of you who have come to the aid of children, know that you have done God's work.
And lastly, a tremendous thank you to my fellow attorneys who have step up over the past two years when the I CARE Foundation first formed our attorney network: the assistance each of you have provided to at-risk children and their families is what good citizenship is about, and why, in great part, many of us practice law.
Here is the report we have just issued. Hundreds of lives have been protected.
* * *
I CARE Foundation Report On International Parental Child Abduction Statistics
Report
on International Parental Child Abduction
Growth
International
Parental Child Abduction Today - 2013
Written
By
Issued
On February 25th, 2013
INTRODUCTION
United
States child-citizens continue to be criminally kidnapped, illegally removed
overseas, and wrongfully detained in foreign countries in shocking numbers by
their non-custodial parent. The global plague of international parental child
abduction significantly continues in America in a similar capacity as it does in
the majority of nations abroad. However, the United
States Department of State has now reported in two consecutive years that
the number of reported outbound cases of American child-citizen abductions has
declined. Clearly, this is very significant, particularly since previously
reported growth trends demonstrated an average growth rate of reported American
child abductions of over 20% per year during the previous decade.
Specifically,
during 2012 there were 799 reported international parental child abduction
cases filed with the United States Central Authority representing a total of
1,144 children. Previously, in 2011
there were a total of 941 reported international parental child abduction cases
filed with the United States Central Authority, representing a total of 1,367
children.
Thus,
the reduction by 142 filed cases represents a decline of 15% of reported
abduction cases from 2012 from 2011.
During the same reporting period, there were 223 fewer children
internationally kidnapped in 2012 from 2011, representing a 16.3% decrease of
total children abducted.
Comparatively,
there were 1022 reported international parental child abduction cases in 2010
representing 1,492 children. Thus, there
has been a reduction of 223 reported abduction cases from 2010 to 2012,
representing a total decline of 348 children between the two years. This
represents a two year decline from 2010 to 2012 in reported cases by 21.8%, and
a 23.3% reduction over the same two year period in the number of children
kidnapped.
Year Reported Cases Number of Children
2010 1022 1,492
2011 941 1,367
2012 799 1,144
Year Reported Cases Number of Children
2010 1022 1,492
2011 941 1,367
2012 799 1,144
The
decline in the reported number of international parental child abductions of
American citizens represents a significant development and bespeaks of the
tremendous educational outreach effort by the United
States Department of State’s Office of Children’sIssues as well as
non-government organizations such as but not limited to the I CARE Foundation and the
National Center For Missing And Exploited Children to raise awareness
of parental abduction amongst lawyers, judges, law enforcement, and targeted
parents to that children may be protected. However, it is important to note that despite
a groundbreaking shift in child abduction statistical growth trends previously
realized, we strongly affirm that criminal international parental child
abduction continues to be a destructive epidemic in the United States and abroad
that must be met with new abduction prevention laws and government policies,
while significant efforts to educate courts, law enforcement, social workers , and at-risk
parents of the many issues of child kidnapping diligently continue.
It
is important to note that while the number of ‘reported cases’ of international
parental child abduction have declined, the number of ‘unreported cases’ of
abduction remains a significant concern for both government agencies and
non-government organizations dedicated to preventing abduction. Previously, the I CARE Foundation issued a report that the number of yearly
unreported cases of abduction is believed to equal between 100% and 125% of all
reported abduction cases. We have no
reason to change this forecast. Thus,
though there are no measurable statistics on unreported abduction cases, it
would be reasonable, though not conclusive, to anticipate that the number of
unreported cases of international child abduction have also declined.
While
there is much to be pleased about regarding the significant decline in the
reported international parental child abduction rate and forecasted decline in
unreported cases of abduction, a great concern critically worth noting is that
the number of children actually legally returned home after they are kidnapped
remains to be estimated at only 10% when considering the total number of
reported and unreported cases.
The
reality is that children who are internationally abducted do not come home. Sadly, many are lost forever.
One
of the major facets of abduction prevention is education, and raising awareness
of abduction threats to at-risk parents clearly has demonstrated a clear and
measurable impact on the number of reported abduction
cases.
Clearly
and unquestionably, educational outreach programs directed toward raising
international parental child abduction awareness are working! Still, there is a long way to
go.
The I CARE Foundation and the organization’s leadership have
been actively involved in increasing awareness of child abduction while
assisting a large number of parents protect their at-risk children.
One
of the I CARE Foundation’s most dynamic and significant educational outreach
programs that have had measurable results is the ‘Parent Blogger Educational
Outreach Program’. Under the program,
highly influential parenting bloggers with a large global readership of
followers have written a series of informative educational articles concerning
the pandemic of international parental child abduction, including warning signs,
risk factors, and actionable steps an at-risk parent may take to prevent
abduction. This grassroots effort led
primarily by mothers who write and blog to
raise awareness has been a tremendous success and has resulted in a significant
number of successful child abduction prevention cases to occur. Collectively, the extraordinary participants
of the ‘Parent Blogger Educational Outreach Program’ have reached millions of
parents, some who may have been directly at risk, or who may have known another
parent and child at risk of abduction.
In addition, the reach of these incredible parents willing to help
protect children at risk of abduction has had a global impact on the prevention
of child abduction as blogger participants were located on every continent and
the millions of their readers blanketed the globe. Clearly, the effort of these parent writers
has made a significant difference in protecting lives, both in the United
States, Canada, and elsewhere!
With
the recent success of efforts put forth by child advocates everywhere to stop
abduction, we are reminded that child abduction is a cruel and dangerous act
against a child.
With
grave concern we acknowledge that hundreds of young children each year are murdered by
their parents in the United States, and that there is a clear statistical
correlation of filicide in nations abroad and abduction similar to reported
United States and Canadian government statistics of parental child murder.
As
this report cites in detail, international parental child abduction is a severe
criminal act of kidnapping committed by a parent against a child and the
targeted left behind parent. International parental child abductors commit grave
crimes against their child, including the act of abduction as well as the acts
of child abuse and neglect.
According
to numerous studies and reports including those issued by the United States
Department of Justice and Canada's Royal Canadian Mounted Police, an abductor
exhibits significant sociopathic tendencies, and generally does not act in the
best interest of a child, but conversely, the act of abduction and the acts
after the child-snatching cause both serious short-term and long-term damage
that may, on many occasions, be irreversible. Sadly, acts of identity stripping,
parental isolation, and removal of the bond between the abducted child and
targeted parent speak nothing of the fact that filicide: the act of parental
child murder is real. So too, tragically, is the reality that children who have
been abducted and who have had their identity stripped during an abduction
exhibit an alarming number of characteristics that are exhibited in individuals
who commit suicide.
For
the majority of child advocates who work tirelessly to protect children,
especially advocates who are not in the business of profiting due to the tragedy
of a child being kidnapped, what we fight for are lives - children's lives.
In
our capacity as directors of the self-funded, not-for-profit I CARE Foundation,
which has successfully assisted reunited numerous internationally kidnapped
children with their targeted left-behind parents taken from around the world,
while also preventing an exponentially larger number of children from
international parental child abduction, we and our colleagues have worked
tirelessly at conducting extensive research in the area of child abduction.
The
I CARE Foundation’s volunteer activity has included playing key roles in legally
reuniting many abducted children, writing and working diligently in the passing
of abduction prevention laws and leading in lobbying efforts to have existing
policies modified so that the capacity to protect children from kidnapping would
be increased, in our creation of a national attorney network of educated lawyers
willing and ready to assist at-risk children and their families, in our capacity as researchers and educators
to study the global issues of international parental child abduction and publish
our findings in a way that may drive policy, and in our efforts to create a
grassroots educational awareness movement by working with leading parent
bloggers and writers with large followers, who have shared with their audiences
the grave issues of abduction.
Though
great strides have been made over the past two years, and we hope that the child
abduction trend will continue to decline, we do have reason for concern. Our apprehension is due in part due to the
reality that though abduction rates have declined in the last known reporting
fiscal year of 2012, there remains a glaring failure by the courts and law
enforcement to punish international parental child abductors even though the act
itself is a federal criminal act that is a known form of child abuse. Without concern to be held accountable for
their actions, parents who contemplate or carry out abduction will do so with a
sense of immunity. Without holding
kidnappers accountable, children at-risk of abduction remain vulnerable.
In
addition, it is critical to recognize that chasing parents who attempt to
legally reunite with their kidnapped child face incredible difficulties in doing
so. The challenges faces are discussed in this report in detail; however, they
include but are not limited to failures by nations to uphold international
treaties such as the Hague Convention on
the Civil Aspects of International Child Abduction, the outright failure of
nations to enter into any international treaty, receiving-country prejudice at
the trial court level on legal action taken by a left-behind parent, grave
financial challenges faced by a targeted chasing parent, and direct physical
dangers faced by a targeted parent if they should attempt to reunite with their
abducted child.
Clearly,
child abduction prevention advocates are making an impact through an assortment
of outreach programs that are raising awareness at the at-risk parent level, the
trial lawyer level, and within the courts, as demonstrated by the second
consecutive year of abduction rate declines.
However, for parents presently attempting to reunite with their kidnapped
children, the challenges they face are grave as explained herein.
REPORTED
CASES OF INTERNATIONAL PARENTAL CHILD ABDUCTION
Indisputable,
are the actual number of ‘reported’ abduction cases. Estimating the incalculable
total number of ‘unreported’ cases is difficult to assess. Despite this
inability to concisely determine the total number of cases each year, it appears
America and our nation’s children-citizens are plagued by a dangerous criminal
epidemic known as ‘International Parental Child Abduction’ that is silently
sweeping through our nation. At risk are tens if not hundreds of thousands of
our defenseless children who are targeted for abduction each year.
In
April of 2009, the annual Report on Compliance with the Hague Convention on
the Civil Aspects of International Child Abduction was released. In that
publication, Janice L. Jacobs, Assistant Secretary of State for Consular Affairs
writes, "Unfortunately, current trends reflect a steady increase in the number
of international parental child abduction cases and highlight the urgency of
redoubling efforts to promote compliance with Convention obligations and
encourage additional nations to join the Convention." She also writes, "Very few
options exist for parents and children who are victims of parental child
abduction." In the 2010 annual report Ms. Jacobs continues to voice concerns
over the increasing numbers of our child-citizens who have been wrongfully
removed or wrongfully detained.
Similar
sentiment has been shared in reports issued by the U.S. Department of State
since this time. There is no question
that the challenges that parents and children of abduction face are
significant.
However,
during 2012 there were 799 reported international parental child abduction cases
filed with the United States Central Authority representing a total of 1,144
children. Previously, in 2011 there were
a total of 941 reported international parental child abduction cases filed with
the United States Central Authority, representing a total of 1,367
children. Thus, the reduction by 142
filed cases represents a decline of 15% of reported abduction cases from 2012
from 2011. During the same reporting
period, there were 223 fewer children internationally kidnapped in 2012 from
2011, representing a 16.3% decrease of total children abducted. Comparatively, there were 1022 reported
international parental child abduction cases in 2010 representing 1,492
children. Thus, there has been a
reduction of 223 reported abduction cases from 2010 to 2012, representing a
total decline of 348 children between the two years. This represents a two year
decline from 2010 to 2012 in reported cases by 21.8%, and a 23.3% reduction over
the same two year period in the number of children
kidnapped.
UNREPORTED
CASES OF INTERNATIONAL PARENTAL CHILD ABDUCTION
Peter
Thomas Senese commented, “The anticipated number of international abductions
used as a benchmark and often referred to is inconclusive because the published
data does not take into consideration ‘unreported’ cases of international child
abduction, population growth, increases in multi-cultural marriages, immigration
migration increases to the United States, and economic difficulties many
families are facing, which inevitably leads to a break-up of the family unit.
More concerning is how the widely distributed and cited surveys used what I
believe to be an inadequate number of telephone interviews and appear not to
include any law enforcement records. In my view, we as a nation have a serious
problem on our hands.”
Carolyn
Ann Vlk stated, "Admittedly, something is seriously amiss in our ability to
accurately estimate the number of children victimized by the crime of child
abduction. In my opinion, utilizing only a random telephone survey, to determine
the number of affected children is a process flawed by numerous, serious
methodological problems. Additionally, the cooperation and compliance rate in
obtaining the return of our citizen children who have been criminally
internationally abducted must be drastically improved. The recovery of so few of
these children during an entire fiscal year is not and should not be
acceptable".
Unfortunately,
many internationally abducted children are never returned because their
abductions are not reported to authorities. The likelihood is that the vast
majority of these types of cases never end with a child’s return. It would be
reasonable to conclude that if a targeted parent did not report their child’s
abduction, then in all likelihood, that U.S. child-citizen will not be returned
to the United States. Due to the number of ‘unreported’ international abduction
cases, it is difficult to determine a reasonable return-rate percentage. We
recognize the difficulty in attempting to accurately estimate the ‘unreported’
case numbers and believe that it is probable that the number of returns of
‘unreported’ cases is extremely low and essentially immeasurable.
Reasons
for ‘unreported’ cases include the financial inability of a Chasing Parent to
take legal action since they are responsible to pay for all costs associated
with their child’s recovery – even though a child’s international abduction
violates state and federal laws such as the International Parental Kidnapping
Crimes Act (IPKCA). Furthermore, many parents experience a sense of
hopelessness that any recovery efforts will be futile since there are great
difficulties associated with bringing a child home, including the possibility of
first trying to determine where your child is. Also, the fact is that many
nations are not a party of or do not uphold the Hague Convention. Furthermore,
there exist substantial prejudices in foreign courts.
The
NISMART I study reported that there were a total of 354,000 parental
child abductions annually. The NISMART II study stated the total number
of parental child abductions decreased to approximately 203,900 children. The
truth of the matter is that we really do not know how accurate any of the data
is or how large of a problem we actually have on our hands. What we do know is
that hundreds of thousands of children are targeted for parental abduction each
year, and out of this group, tens of thousands of these instances include
planned international parental abductions.
PARENTAL
CHILD ABDUCTION IS A SEVERE FORM OF CHILD ABUSE
According
to leading experts who specialize in international parental child abduction,
conclusive and unilateral opinion and fact demonstrates that parental child
abduction of a targeted child is a cruel, criminal, and severe form of abuse and
mistreatment regardless if the child is with one of their (abducting) parents.
This includes the illegal act of international abduction, whereas, the child is
unexpectedly uprooted from their home, their community, their immediate and
extended family, and their country. Sadly, severe short and long-term
psychological problems are prevalent for many abduction victims who survive
their kidnapping experience. It is commonplace for a child to be emotionally
sabotaged, whereas, the abducting parent will try to remove all bonds and
attachments the child has with the other parent, thus, removing the child’s
right to know the love of the other parent, and keep in tact their own identity.
Too many children simply never come home and in certain cases a child’s
abduction overseas has led to the death of the abducted child.
A
leader in the field of parental child abduction issues, Dr. Dorothy Huntington
wrote an article titled Parental Kidnapping: A New Form of Child Abuse.
Huntington contends that from the point of view of the child, "child stealing is
child abuse." According to Huntington, "in child stealing the children are used
as both objects and weapons in the struggle between the parents which leads to
the brutalization of the children psychologically, specifically destroying their
sense of trust in the world around them."
“Because
of the harmful effects on children, parental kidnapping has been characterized
as a form of “child abuse" reports Patricia Hoff, Legal Director for the
Parental Abduction Training and Dissemination Project, American Bar Association
on Children and the Law. Hoff explains, "Abducted children suffer emotionally
and sometimes physically at the hands of abductor-parents. Many children are
told the other parent is dead or no longer loves them. Uprooted from family and
friends, abducted children often are given new names by their abductor-parents
and instructed not to reveal their real names or where they lived before."
(Hoff, 1997)
Consider
that today in Japan, there are approximately 230 American children-citizens who
were illegally abducted from United States soil to Japan by one of their parents
in violation of U.S. court orders. To date, and for what is believed to be
nearly fifty years, Japan – America’s strong ally – has never returned 1
American child who was parentally kidnapped and illegally detained in accordance
to United States law. And tragically, the vast majority of the chasing parents
left-behind in the wake of their child’s abduction are not permitted to have
contact with their child.
EXTREME
DIFFICULTIES IN RECOVERING AN ABDUCTED CHILD
There
are abundant reasons why it is very difficult to have an illegally stolen child
returned despite the United States being a signatory of The Hague Convention
on the Civil Aspects of International Child Abduction. They include, but are
not limited to the following:
1.
Lack of action in reporting a child’s abduction by a targeted parent left
behind; and,
2.
Many nations do not comply with or uphold the spirit of the convention (ex,
Brazil, Mexico, Germany); and,
3.
Many countries have not signed the convention (ex. Japan, China, Russia, and
many countries located in the Middle East); and,
4.
Chasing Parents may not have an idea what country their child was taken to;
and,
5.
Chasing Parents are responsible to carry the enormous financial burden
associated with their child’s recovery. Many simply do not have the substantial
resources needed; and,
6.
Many Chasing Parents do not have the knowledge necessary to navigate the
difficult and complex legal system of international law, nor do they often know
who to turn to and what to do; and,
7.
Nationalistic prejudices of court systems located in the ‘inbound’ country,
whereas, a court may try to protect the abducting parent if that parent is a
citizen of the country where they abducted the child to; and,
8.
Cultural differences; and,
9.
A Chasing Parent’s fear to attempt to recover their child due to threats from
the abducting parent or individuals associated with the abducting parent;
and,
10.
Lack of cooperation from law enforcement; and,
11.
Limited power of the Office of Children’s Issues to intervene on behalf
of a U.S. citizen.
REASONS
WHY ONE PARENT CRIMINALLY ABDUCTS A CHILD
Studies
have demonstrated that an unprecedented number of abductions have occurred where
one parent took unilateral action to deprive the other parent of contact with
their child. The majority of abducting parents will typically use the child as a
tool to cause the targeted parent great pain and suffering. Their intent is
simple: to make the other parent suffer as much as possible by depriving that
targeted parent with the love and connection to their own child. Nearly every
published study on this subject has concluded that an abducting parent has
significant, and typically, long-term psychological problems and may in fact be
a danger to their child.
We
take the time to acknowledge that in certain cases of parental child abduction,
a parent claims to have no other choice but to flee the other parent due to
serious, grave, and ongoing forms of abuse. We acknowledge that in many
abduction defenses found under Article 13 of The Hague
Convention on the Civil Aspects of International Child Abduction, an
abducting parent will often claim mental, emotional, and physical abuse by the
other parent as part of their defense to sanction their criminal behavior of
abduction. However, we must also acknowledge that domestic violence is a very
real, measurable, and in many cases, an ongoing crime that has limited law
enforcement safety controls. We acknowledge that there are parents who
must flee for their and their child’s safety due to failures by law
enforcement and courts to protect their safety, combined with a habitual abuser
who aims to cause grave hurt to the targeted parent.
In
addition, and understandably, family abductions occur at a higher rate during
times of heightened stress such as separation or divorce and often involve
custody issues and visitation problems. The sad fact is that a large number of
marriages, estimated to be between 40% and 50%, in the U.S. end in divorce.
One
of the many considerations that factor into the increase in total abductions
indicates that economic difficulties in the United States and elsewhere are a
measurable factor in the number of increases in separations and divorces. This
added stress can lead to a parental cross-border abduction, particularly since
we live in a global society, and the number of international relationships has
increased dramatically.
While
all children can be potential targets of a family abduction, the likelihood
increases when that child has a parent with ties to a foreign country. According
to the Juvenile and Family Court Journal Vol. 48, No. 2 titled
Jurisdiction In Child Custody and Abduction Cases, “Parents who are
citizens of another country (or who have dual citizenship with the U.S.) and
also have strong ties to their extended family in their country of origin have
long been recognized as abduction risks.” This increase in cultural diversity
within the U.S. population has created challenges for our existing laws. Many
U.S. born children-citizens fall victim to parental abduction when a parents’
union ends.
Across
the U.S., states are struggling to address their archaic and outdated laws, and
establish additional precautions to better protect their child-citizen
population. Unquestionably, it is critical that child abduction prevention laws
are passed in each state and upheld by the judiciary and law enforcement.
Failure to do so will likely lead to the looming disaster that is already upon
us.
Peter
Thomas Senese stated, “As a nation, the United States must fight back this
sweeping plague by passing child abduction prevention laws and by increasing our
judiciary’s level of competency in overseeing and enforcing laws associated with
these complex cases of potential or actual international parental child
abductions. Critical to judges and lawmakers’ ability to protect our children is
the need for immediate research on this subject. The present available
information is archaic, and more than likely inaccurate particularly due to the
inability to measure 'unreported' cases. The community of child abduction
prevention advocates has pointed this out for some time now. What we also need
is for the creation and enforcement of well thought out and researched laws
along with the upholding of the intent, spirit, and law of the international
treaties such as The Hague Convention so we can protect our children and put an
end to the spread of this malignant pandemic that has reached our
shores.
Florida
state representative Darryl Rouson is the lawmaker who championed and sponsored
Florida’s landmark Child Abduction Prevention Act (HB 787). The bill was
unanimously approved in the Senate and House of Representatives and signed into
law by Governor Charlie Crist. Florida's new preventative legislation will take
effect on January 1, 2011. Representative Rouson commented, “It is critical for
each state to implement laws that will protect the rights of our
children-citizens who may face parental child abduction. The misconception that
when one parent steals a child from the other parent, that the child is safe, is
undeniably inaccurate. It is through prevention laws such as Florida’s Child
Abduction Prevention Act that we will be able to prevent this serious crime
against our nation’s children from occurring.”
Carolyn
Ann Vlk, the child abduction prevention advocate, commented, "Early on in my
research on this critical issue I recognized the urgent need for preventative
legislation. Thankfully, Florida's legislative body wholeheartedly agreed as
evidenced by the unanimous votes. I am thrilled for the added measure of safety
this new law will have in protecting the children of my great state. However, I
will not be satisfied until all states have child abduction prevention
legislation enacted."
IMMIGRATION
MIGRATION AND ITS AFFECT ON CHILD ABDUCTION CASES
A
report compiled by the renowned Washington based Pew Hispanic Center
reports that most immigrant groups are comprised of young families. The
likelihood that a child will be born while the parents are present in the U.S.
is high. Prior to 2007, data collected on parents of children under 18 only
identified one parent, and a second parent could only be identified if they were
married to the first parent. Currently, a second parent identifier is considered
whether or not the parents are married to each other. The new data more
accurately reflects the number of children living in the U.S. with at least one
foreign born parent.
In
2008 that meant that 22% of all children in the United States had at least one
foreign-born parent. In fact, consider the following statistics compiled by the
Center for Immigration Studies in its March 2007 analysis. Immigrants and
their U.S. born children under age 18, as a share of population: California -
37.9%, Los Angles County - 50%, New York State - 27.9%, New York City - 46.7%
and Florida - 27.9%.
It
must be noted that although 31.3% of all immigrants originate from Mexico, other
countries have significant entry numbers as well. Included in the March 2007
Current Population Survey (CPS) were statistics indicating that 17.6% of
all immigrants were from East/Southeast Asia, 12.5% from Europe, 5.5% from South
Asia, 3.5% from the Middle East, and Canada at 1.9%.
Traditionally,
states such as California, New York, Florida, Texas, Illinois and Arizona have
had large numbers of immigrants in their population. What is surprising is the
trends in migration toward new centers of immigrant growth. The CPS
prepared an analysis of states with statistically significant growth in
immigrant population between 2000 and 2007. Most notably, Wyoming, which
experienced a percentage increase of 180%, Tennessee at 160%, Georgia at 152.1%,
and Alabama at 143.6%. The impact of unprecedented increases in immigrant
migration is likely to create multiple challenges as states struggle to keep
pace with their newest segment of population and their children.
“As
a nation of immigrants, it is important to note that as our nation’s population
increases due to immigrant migration, so too does the likelihood of increased
cross-border child abduction,” Peter Thomas Senese added.
Additionally,
it has been well established that illegal aliens do not respond to surveys such
as the US Census or the CPS. Because the U.S. government does not
have accurate records of arrival and departures for individuals present
illegally in the country, their numbers must be estimated, as there is no hard
data to draw from. However, indirect means for establishing these figures are
used, and they must be viewed with a considerable amount of uncertainty. In 2007
CPS, it was estimated that of the approximately 37.9 million immigrants
present in the U.S., nearly 1 in 3 immigrants were present
illegally.
It
is important to note this segment of our population when discussing child
abduction because when a child is born in the U.S. that child automatically is a
U.S. citizen. While the available data gives us fairly accurate figures
regarding the number of children born in the U.S. as well as those immigrants
who are present legally, a number is impossible to compile accurately in
relation to the unauthorized resident population.
In
regards to children born to illegal immigrants, in the five-year period from
2003 to 2008, that number rose from 2.7 million to 4 million. The report
published by the Pew Hispanic Centers reported that nationally the
children of illegal immigrants now comprise 1 in 15 elementary and secondary
students in the U.S. Additionally, in Arizona, California, Colorado, Nevada and
Texas more than 1 in every 10 students in those states are the children of
illegal immigrants.
Carolyn
Ann Vlk, the writer of Florida’s Child Abduction Prevention Act stated,
“The ability of state governments to prevent the abduction of children by family
members could be drastically improved by comprehensive legislation. While aiming
to protect all children, special consideration must be given to those children
who may be at increased risk simply by virtue of their parentage. According to
the U.S. Bureau of the Census, the resident population of the U.S.
projected up to April 22, 2010 estimated that one international migrant enters
the U.S. every 36 seconds. International travel has become commonplace and as
more cross-cultural relationships develop children are born. A number of these
relationships will end and may result in an increased risk of international
abduction of the child. Attempting to retrieve a child who has been abducted and
possibly hidden internationally is a near impossibility as a multitude of
problems surface in cases such as these. Unfortunately, studies have proved 4 of
5 Americans drastically underestimate the threat of a family abduction.
Statistically, it is a sobering thought when you become aware of the vast
numbers of children that are criminally abducted each year. Preventative laws
are a necessity as an immediate remedy to this unconscionable
crime.”
DEPARTMENT
OF STATE’S OFFICE OF CHILDREN'S ISSUES
The
Office of Children's Issues has worked diligently to educate at-risk
parents of abduction via an assortment of outreach programs. The leadership at OCI has placed a particular
emphasis on abduction prevention, which in turn has demonstrated remarkable and
measurable results including two consecutive years of significant abduction rate
declines.
The
Department of State was established to assist parents whose children have been
unlawfully removed from the country. The OCI assists the remaining parent
and strives to protect those children who have been victimized in these types of
cases. Considering thousands of child custody cases are fought across national
borders each year, the assistance of the OCI can be invaluable.
Litigating
custody, especially across international borders where conflicting orders may
exist can be difficult if not impossible. The OCI aims to assist in these
cases by enhancing an understanding of the many complex laws, both domestic and
international that may be applicable to a particular case.
However,
OCI has significant limitations, including the fact that they cannot
represent your abducted child in a foreign court. OCI does provide a list of
lawyers in foreign countries who at times have worked pro bono on
abduction cases. However, there are no obligations by any of these lawyers to
take a case, and it is up to each Chasing Parent to work out all arrangements.
The reality is that ‘pro bono’ sounds like a nice idea, but it is an
unrealistic expectation.
Immediate
suggestions that could allow the dedicated staff at OCI to be more helpful
include the following:
1.
Creating and distributing useful, concise information for chasing parents, law
enforcement, and court personnel regarding all areas of IPCA. The use of digital
media combined and supported by printed content is critical.
2.
The development of an independent website outside of the Department of State’s
website. This website must be easy to navigate, include audio and digital feeds,
and must be accessible to individuals in various languages.
3.
OCI must actively support advocates and lawmakers who are seeking to pass child
abduction prevention laws. Support by OCI in this area can increase the
visibility of the issues of child abduction while also increasing lawmaker and
judiciary awareness.
4.
Dissemination of information on the Children's Passport Issuance Alert
Program.
5.
Dissemination of information on the ‘Prevent Departure Program’, and dedicated
resources established to assist lawyers and Chasing Parents seeking assistance
under this program.
6.
Increases in outreach toward documented and un-documented aliens about OCI, and
the rights of their U.S. child-citizen.
7.
Increase in personnel to support the tremendous workload of the OCI
staff.
About
the Authors:
Peter
Thomas Senese is the Founding Director of the I CARE Foundation, a highly respected
child abduction prevention advocate and a successful chasing parent in
accordance to the rules of international parental child abduction law
established under the Hague Convention. Under Peter’s leadership, the I CARE
Foundation has assisted reunite many children who have been internationally
kidnapped with their left-behind parents while also working tirelessly to
prevent the abduction of an exponentially larger number of children. Peter
advocated for the passage of the State of Florida’s ‘Child Abduction Prevention Act’ (CAPA),
heavily contributed to raising public awareness of the previously widely
underutilized federal child abduction prevention program; specifically, the ‘Prevent Departure Program’ (PDP) that is
now more commonly implemented in aiding targeted parents and their child from
abduction in certain case scenarios, worked diligently to have ‘Senate Resolution 543 – the International
Parental Child Abduction Resolution’ unanimously passed calling for a
complete revamping of how the United States government handles abduction. In
addition, Peter has spoken as an expert witness before numerous government
bodies, including hosting a forum on international parental child abduction at
the United Nations at the request of the U.S. Department of State in his
capacity as the Founding Director of the I CARE Foundation. Peter is the creator/writer/producer of the
educational documentary film series ‘Chasing Parents: Racing Into The Storms Of
International Parental Child Abduction’, a best-selling author whose
upcoming world-wide book release focusing on international parental child
abduction and titled ‘Chasing The
Cyclone’ has been critically acclaimed as a call-to-arms against child
abduction. Peter is the writer of an extensive number of influential articles
and essays pertaining to IPCA. He has created and oversees a comprehensive
website dedicated to child abduction prevention and good parenting
(www.chasingthecyclone.com) where numerous essays and may be found, including
the eye-opening report ‘International
Parental Child Abduction And Human Trafficking In The Western Hemisphere’
Peter co-authored with Ms. Carolyn Vlk. Dedicated to bringing about new child
abduction prevention laws while creating dialogue that may reform certain
government programs and protocols so that they may better serve targeted
children and their parents, Peter Senese is a strong supporter of The Hague Convention and The Department
of State’s Office Of Children’s Issues.
Carolyn
Ann Vlk is a renown child abduction prevention advocate and a Founding Board of
Director Member of the I CARE Foundation as well as a member of the Special
Advisory Board of the Amber Watch Foundation. Carolyn drafted the landmark State
of Florida’s ‘Child Abduction Prevention Act’ that will be enacted on January
1st, 2011. Ms. Vlk was highly influential in raising the public’s awareness on
the little-known, highly effective child abduction prevention federal program
titled the ‘Prevent Departure Program’ and
worked diligently to have ‘Senate Resolution 543 – the International
Parental Child Abduction Resolution’ Carolyn is also a writer/producer of the
highly educational documentary film series titled ‘Chasing Parents: Racing Into
The Storms Of International Parental Child Abduction’, and, is the author of
numerous essays and studies on parental child abduction, including the
groundbreaking report titled ‘International Parental Child Abduction And Human
Trafficking In The Western Hemisphere’ (2010). Carolyn is dedicated to assisting
parents and their children who are targets of international child abduction, and
is committed to bringing about positive reform and change in law and government
protocol that has been established to aid at-risk children. Ms. Vlk is a
supporter of The Hague Convention, The Department of State’s Office Of
Children’s Issues, and the Uniform Child Abduction Prevention Act (UCAPA).
Carolyn is a loving and dedicated mother to her children, and fought rigorously
to protect her own child who was a target for potential abduction that she went
so far as to draft legislation that has now become new law in her home state of
Florida.
Joel
S. Walter is a practicing attorney licensed to practice law in New York State
and is admitted into numerous United States Federal Courts, where he has
practiced law for nearly 40 years. Mr. Walter is a Founding Board Member of the
Board of Directors of the I CARE Foundation, where he has worked diligently in
assisting parents and children in crisis at risk of abduction, including playing
key roles in reuniting numerous children of international kidnapping with their
targeted parents. Joel's active role with the I CARE Foundation also includes
conducting legal research on a variety of issues related to abduction and
trafficking. A highly respected trial lawyer by nature, Joel is known within
the law community as an outstanding litigator. Joel has worked diligently on
numerous I CARE Foundation legal initiatives and has petitioned various
lawmakers on a series of policy issues related to child abduction and
trafficking. 