Wednesday, May 29, 2013

Colorado Boy Abducted To Canada Traveled On An Illegally Obtained U.S. Passport


Illegally Obtained U.S. Passport And Limited Amber Alert Issuance Lead To Colorado Child's International Parental Child Abduction. 
 
 
Brandy Turner, the woman who had her three-year old son Luke abducted from her home in Longmont, Colorado and illegally removed 1,500 kilometers to Manitoba, Canada despite an Amber Alert has finaly been reunited with her son after a three-day ordeal that is any parent's nightmare.

Monty Turner, her estranged husband, 51-year-old Monty Turner, remains in custody in Winnipeg for allegedly abducting Luke. He was arrested after he was found with Luke at the Casa Blanca Motor Inn in Brandon, Man., on Sunday. Mr. Turner is being held on numerous state charges, including:
  • Second-degree kidnapping.
  • Second-degree burglary.
  • Menacing.
As previously shared, it is alleged that Mr. Turner used a taser gun and pepper spray against Mrs. Turner during the abdcution act.

The circumstances leading up to the abudction of the child raise great concern over the relative ease a parent intending to internationally abduct a child can accomplish their goal.

The Cloud of Abduction


The case of Luke Turner brings international scrutiny to the effectiveness of precautionary measurements presently in place to prevent abduction.  In the case of Luke Turner, there was an Amber Alert in place; however, for those of you who do not know how an Amber Alert works: the issuing law enforcment agency can issue the alert to specific states.

But the head of the Canadian Centre for Child Protection, Christy Dzikowicz, isn't surprised they were able to cross. The alert was issued in Colorado, so border officials might not have known about it. "The Amber Alert was issued in a state that wasn't a border state. I think the story may have been very different if it had been a border state where they would have been inclined to alert the border immediately," she said.

That is exactly what happened, said Longmont Detective Commander Jeff Satur. Police had no indication Turner might be heading to Canada, nor did they realize Luke had a passport. "The Amber Alert, when we issued it, initially concentrated on the surrounding states of Colorado, which would have been Nebraska, Utah, Kansas, New Mexico, Arizona. And then we also entered an Amber Alert in Missouri because our initial information was that he was heading toward Missouri. We did not have any information that he was heading to Canada. That is something else that we are looking into because the boy's mother was not aware and did not authorize any passports."

Illegally Obtained Passports


The case of Luke Turner's abduction highlights many immediate challenges and grave concerns targeted parents of abduction going into the summer months face, including the ease of illegally obtaining a valid U.S. Passport for a child without the other parent knowing. 

As stated by Detective Commander Jeff Satur, Mrs. Turner was not aware that Luke had an American passport.  According to U.S. law, both Mr. and Mrs. Turner were required to sign the passport application for their child. Clearly this did not happen, as the notion of abduction to Canada was initially not considered by law enforcment because Mrs. Turner did not know of the passport. 

Clearly, neither she nor law enforcment were aware that under the Western Hemisphere Travel Initiative, Mr. Turner could have also traveled to Canada and crossed the border with his child only presenting a photocopy of his birth certificate accompanied with a travel authorization letter issed by Mrs. Turner that could have beeen easily forged.

In a similar case of international parental child abduction case that utilized illegally obtained passports the I CARE Foundation was heavily involved in and played a key role in reunification, another Colorado mother, Britnee Degenhart, had her two-year old son abducted to the not-so-cooperative non-Hague Convention country of Nigeria. 

At the time of her son's abduction, the child's father had illegally obtained a valid U.S. passport for the child by forging the mother's signature on the passport application. Then, under the guise of a weekend visitation, the father, who lived in Colorado, but possessed dual citizenship, fled to Africa with the child, using the U.S. passport of the child in order to board an aircraft on American soil.

Through great effort and cooperation from key individuals in Nigeria, the child was returned to the United States.  Seargent Paul Cortapasso, based out of New York, and who assisted the I CARE Foundation during the reunification process said, "It is very troubling to see how these illegally obtained passports for children are being obtained with relative ease and are unknown to the targeted parent.  The parallels between the two Colorado mothers and how the abductor was able to leave the country present a serious concern for society, particularly now as the summer months approach and abduction rates dramatically increase. I will never forget the sense of happiness I felt seeing the young child when he was returned from Nigeria. International parental child abduction is a serious crime.  I was very happy to help. Sadly, the majority of children abducted abroad will not come home. This is why abduction  prevention measures are critical, espeically at this time of year. As for the case of Ms. Degenhart, I think it was important that the abductor was prosecuted.  All parental child abductors should be prosecuted for abduction is a crime against a child that is beyond words."

As for Mr. Turner, he remains in Canada awaiting extradition proceedings. He is expected to be returned next week to Colorado, where he will face as assortment of criminal charges.

Where Do We Go From Here?


Over the past two years, international parental child abduction reported outbound cases originating from the United States has declined by 15% per year. This is a major accomplishment when considering abduction rates increased substantially during the near 30 year period the United States became a signatory member of the Hague Convention on the Civil Aspects Of International Child Abduction.  However, despite the declines, the reality is that abduction remains rampant in the United States and abroad, and only through raising society's awareness of these issues combined with new laws or modification of existing policy, will we be able to truly protect children.

Case in point: in the case of Mrs. Turner, she nor law enforcement bothered to check if a passport had been illegally obtained for her son. Canada very well could have been the first country Mr. Turner had abducted to since there is relative ease of entry due in part to the Western Hemisphere Travel Initiative and weak travel documentation requirements needed for minors. Hypothetically, Mr. Turner could have used Canada as a launching point, and traveled to another country in Europe, Asia, the Middle East, or Africa, including any number of countries around the world that are not members of an international treaty on abduction and who may not view parental abduction as a crime.

How real is this issue? One only has to look at the case of Mr. Stephen Watkins, who had his two children abducted from Canada to the United States via invalid passports. From America, Mr. Watkins children were further moved to Poland, where they disappeard for a long time until Mr. Watkins and his relentless effort to reunite with his sons, located them. Sadly, no tragically, and of great point is that despite the Canadian authorities having serious criminal charges against Edyta (Ustaszewski) Watkins, and, despite Stephen Watkins having filed a Hague Application for the wrongful abduction and detention of his children to Poland, the Polish government and courts have refused to return Mr. Watkins abducted children.

Outrage?  You bet.

So What Did We Learn And What Should We Do?


Hopefully the abduction of Luke Turner will open the eyes of many parents who today do not realize they and their children are being targeted for abduction.

Obviously, the key to stopping child kidnappings is to prevent it from happening in the first place.

It is critical that the Western Hemisphere Travel Initiative be modified so that all children traveling
abroad, regardless if they are traveling by land, sea, or air, must present a valid passport.

In addition, we must create a stronger verification system in place when passports are being requested for children. As the cases of Ms. Degenhart and Mrs. Turner illustrate, if there were better control systems in place, there children would not have been wrongfully issued valid passports that allowed the abductors to flee the country.

We must be mindful that parents who possess a right of citizenship to another country provide a child of a multinational relationship the same right of citizenship.  Children who possess a right of citizenship can be issued a passport from that country.  Dual passports are a major issue because the United States, similiar to Canada, has limited exit controls in place. For further information on how to reduce the risk of abduction due to dual passports, please read, Dual Citizenship and International Child Abduction.

As seen in the cases of Mr. Watkins, Ms. Degenhard, and Mrs. Turner - and I speak for myself as a once targeted parent of abduction - the abductors' schemes caught everyone off guard. It is a common theme. Thus, the key to stopping abduction begins with educating society, particulary parents presently involved in multinational relationships.

As summer approaches, know the warning signs of an abduction scheme.

I know many share the same sentiment tha we can hope that the tragic event of Luke Turner's abduction during the Memorial Day Weekend will cause other parents to be aware of abduction, and, equally, bring about positive change so more children can be protected.

For more information of international parental child abduction, please visit the I CARE Foundation and Chasing The Cyclone. In Canada, please visit I Cheapeau.


Monday, May 27, 2013

Colorado Child Is Victim Of International Parental Child Abduction To Canada Despite Amber Alert

A Longmont, Colorado mother who was assaulted this past Saturday by her separated husband after he broke into her home, where he is alleged to have pepper-sprayed her before using a stun gun on her before he kidnapped their three-year old child to Canada despite an Amber Alert being issued for the abducted child is hopeful that she will be reunited with her son over the coming days.  The child's father was arrested in Manitoba, Canada on Sunday, and thankfully, the child has been reported to be doing okay. 
Brandy Turner Holding Her Son Luke Prior To Abduction
The abduction of Luke Turner and his abducting father, Monty Ray Turner's ability to remove the child out of the United States and enter Canada despite an Amber Alert presents a dire concern international parental child abduction prevention advocates have been voicing for some time: the ease of which children are able to be illegally removed from both the United States' as well as Canada's borders due to existing border control policies and abduction prevention laws.  

As the school summer vacation months approach, it is anticipated that the majority of criminal international parental child abductions will take place. How to prevent these kidnappings is at the core of concern for tens of thousands of abduction prevention stakeholders, including targeted parents of abduction, law enforcement, courts of local jurisdiction, and respective government agencies around the world charged with protecting children.
 
According to the Longmont Daily Times-Call, the defenseless child's mother, Brandy Turner told police she stepped outside her home to smoke a cigarette and saw her husband in the backyard as Luke was having breakfast, Mrs. Turner, who had a restraining order issued against her husband, said she went inside, closed and locked the door, and tried to call 911, but Monty Turner forced his way inside and threw the phone to the floor. During a scuffle, Mr. Turner used pepper spray, shooting it into her face before she felt an electric shock, which she believes to be from a stun gun, she told the newspaper.
 
After snatching the child, Mr. Turner drove 1,500 kilometers east, leaving Colorado and entering Canada at some point while driving across the northern plains shared between the United States and Canada.
 
The brutality of the assault and abduction is indicative of sociopathic behavior exhibited by many parental child abductors. 
 
Brandy Turner told The Associated Press on Monday that she had spoken with Luke on the phone and he knows he’s coming home. She said she couldn’t travel to Canada to get him because she has no passport. The child is presently under the supervision of Canada's Child and Family Services. 
 
Failure Of The Amber Alert

The Canadian Border Services Agency is presently investigating how the child was able to enter Canada despite an Amber Alert issuance. 
 
How Monty Ray Turner Entered Canada Despite An
Amber Alert Is Unknown At This Time
Immediate concerns on how Mr. Turner was able to leave the United States and enter Canada include that somehow someone at the Canadian border dropped the ball, and did not carefully check for any Amber Alerts on the child and father. In addition, there is a possibility that Mr. Turner bypassed a border crossing all together and entered Canada by taking back roads that connect the two countries.
 
Immediate questions as to why Mr. Turner fled to Canada are troubling. 

In the world of international parental child abduction, an abductor may initially enter into an adjacent country that shares a border with the child's country of habitual residency due to ease of departure, only to use the first landing country as a launching point to disappear with the child to another country and into a sea of seven billion faces. It is presently unknown if Mr. Turner was intending to leave Canada for another country. Nevertheless, one thing appears clear: the abductor seemingly knew where he was going, which means he may have previously canvassed an exit route out of the United States traveling along the remote northern plains that have limited border security.

In a previously well-publicized international parental child abduction case that remains active, Mr. Stephen Watkins of Canada had his two young sons illegally removed from Canada to the United States by his former wife Edyta ( Ustaszewski / Ustaszewska ) with the assistance of the abductor's father, Tadeusz Ustaszewski. Once in the United States,  Edyta Watkins disappeared, and was able to enter Poland. Despite Poland being a signatory of the Hague Convention of the Civil Aspects of International Child Abduction, and arrest warrants for kidnapping issued against her, Edyta Watkins has remained at-large, and Mr. Watkins children have not been returned home.  Mr. Watkins children traveled into the United States without valid passports.

Targeted parents around the world who have their children abducted often do not reunite with their children.  Rarely, are abducting parents prosecuted, as courts often fail to hold accountable an abductor for their act of kidnapping, often wrongfully citing 'best interest of the child'. 

However, recently, parental child abductors are starting to be held accountable, which may be one of the reasons why the reported cases of outbound international parental child abduction originating from the United States has declined by 15% over the each of the last two fiscal years (2011 and 2012) after nearly 30 years of continued growth. It should be noted with great exception that Canada has failed to publicly report the number of Canadian children abducted from Canada since 2008. 

Monty Ray Turner and Luke Turner
Monty Ray Turner was arrested Sunday afternoon without incident at the Casablanca Motor Inn in Brandon after law enforcement authorities were able to quickly locate him after he used a credit card to check into the hotel. If he did not use the credit card, it would have been more difficult to locate him and the child. 
 
The boy’s grandfather, Ronald Turner, 72, was pulled over in Missouri on Sunday on a warrant for second-degree kidnapping. He was driving a vehicle with a licence plate number listed on an Amber Alert that had been issued after Luke was taken.





A Looming Cloud

As prosecutors in the state of Colorado are working to take custody of Monty Ray Turner, 51, who was being held on numerous charges, including kidnapping, a looming cloud covers Canada, the United States, Mexico, and island-nations located in the Caribbean due to existing international travel document requirements for minors under 16 years old need to cross a border that were established under the Western Hemisphere Travel Initiative (WHTI). Specifically, a child traveling by land or by sea across adjacent borders who is under 16 years of age does not need to present a passport at the time of deparute. Instead, all that is required is a photocopy of the child's naturalization papers, such as a photo copy of a birth certificate. 

Peter Thomas Senese's Critically
Acclaimed Novel On International
Parental Child Abduction
CHASING THE CYCLONE
The presentation of fraudulent documents at border points has long existed and is well illustrated in the publication of Western Hemisphere Travel Initiative (WHTI) Land and Sea Final Rule" that was released March 27, 2008 by the Department of Homeland Security. It was reported that CBP officers had intercepted over 129,000 fraudulent documents since January 2005 from individuals trying to cross the border over an approximate 3 ½ year period. This is a substantial number; however, we must ask ourselves how many fraudulent documents were never uncovered and successfully used, and how has this impacted international parental child abduction and human trafficking.

It should be of great concern that the ability to falsify travel documentation for children is appears to be relatively easy. The capability to easily present travel documentation without another parent's consent or to falsify travel documents for children in cases where a passport is not required appears relatively easy. The fact that simply a birth certificate or worse, a “copy” of a birth certificate and a letter of permission with no documentation to verify its validity, is sufficient to cross international borders is a serious security concern. And although it is is required that a parent or guardian traveling with the child without the other parent possess a letter of consent from the absent parent(s) we must strongly consider that there is no way to verify the validity of a parental consent letter.

Under the Intelligence Reform and Terrorism Prevention Act of 2004, the WHTI was designed to strengthen border security and is a joint Department of Homeland Security (DHS) and Department of State (DOS) plan that is carried out in part by the U.S. Customs Border Protection Agency (CBP). The intent of the initiative is to further protect and strengthen our nation’s borders by requiring all travelers to and from Canada, Mexico, the Caribbean and Bermuda to present a WHTI compliant document that establishes identity and citizenship.


So where do we go from here?


Clearly, the summer seaon is upon us, and with the school summer break now here, this is a time of year when thousands of children living in North America will become crime victims of abduction. 


As the Turner case unfolds, we must not only ask ourselves how did Mr. Turner exit the United States despite an Amber Watch, but how did he do this.  Furthermore, as the Watkins case resoundly demonstrated, not only should there be a mandatory requirement for all individuals regardless of age and type of travel (land, sea, or air) to present a valid passport at the time of departure.  Note how I said 'Valid Passport'? 


Clearly, children like Luke Turner and every other child deserve to be safe from kidnapping. 



                                       The Western Hemisphere Travel Initiative 
                                    And International Parental Child Abduction 
 

How Are Children Internationally Abducted By Their Parent

Which leads us to the question, "How Are Children Illegally Abducted Into And Out Of The United States or Canada?"

Security flaws that can lead to our children becoming victimized include, but are not limited to the following:

1.     Failures by courts and judges to properly assess abduction risk and attach court orders that would preempt international child stealing; and,

2.     Failure to create or uphold present child abduction prevention laws or other laws created to protect our children’s safety; and,

3.     Identity and travel documentation fraud; and,

4.     A lack of uniform requirements for travel documentation when departing or entering the U.S.; and,

5.     The ability under present law to easily illegally transport children under age 16 across borders during land and sea travel; and,

6.     Human error during verification of travel documents by CBP at a point-of-entry or departure; and,

7.     Failures by law enforcement to act expeditiously to a potential abduction threat; and,

8.     Inefficient communication and data sharing between government agencies responsible to assist in preventing or resolving an international child abduction case; and,

9.     The deficiency by our federal government to create and interlink a children's travel alert, travel restriction data base consisting of real-time family court decisions at the state level with all U.S. border control agencies and transport companies similar to capabilities available through the Prevent Departure Program; and,

The I CARE Foundation
10. A lack of or outdated or underutilized state or federal laws and programs that fail to prevent the abduction of a child and in fact may enable an abduction to occur.

For more information about international parental child abduction please visit The I CARE Foundation or Chasing The Cyclone.  

For more information about international parental child abduction in Canada, please visit I CHAPEAU

 

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.

 

 

Tuesday, May 21, 2013

Summer And Parental Child Abduction By Peter Thomas Senese

Summer and International Parental Child Abduction:
When School Ends Kids Are Abducted

As the summer vacation draws near, thousands of children will be victims of international parental child abduction - Peter Thomas Senese


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.