Showing posts with label c. Show all posts
Showing posts with label c. Show all posts

Thursday, January 6, 2011

Florida's Child Abduction Law Changes The Way Courts Must Address Risk of Child Abduction


On January 1st, 2011 Florida’s landmark ‘Child Abduction Prevention Act’ (CAPA) was enacted as law. The new legislation establishes an array of risk factors a judge may consider when deciding if there is a chance that one parent may remove a child of a relationship from the state or country or conceal the whereabouts of the child in violation of a parenting plan. Additionally, and critically, the CAPA provides a selection of preventative measures that may be utilized in order to prevent child abduction from occurring.

The new law that unquestionably will protect the lives of thousands of children in Florida each year was drafted by child abduction prevention advocate Carolyn Ann Vlk of St. Petersburg, FL. Ms. Vlk added, "In my opinion the biggest obstacle faced was a lack of information and education. My focus was to protect children by enlightening all individuals involved in the process including judges, attorneys, parents and policy makers. Tragically, too many of our nation's children have been abducted due to the failures by individuals and the courts responsible for overseeing their best interest, including assessing dangers that may lead to their possible criminal abduction. The CAPA law addresses this concern."

The new law was sponsored by Representative Darryl Rouson (D-St. Petersburg) and Senator Eleanor Sobel (D-Ft. Lauderdale). Under their careful guidance, the groundbreaking legislation did something near impossible: it unanimously passed each of the three Senate and three House committees before being resoundingly passed on both the House and Senate floors.

Representative Rouson was previously cited as saying, “I am extremely pleased to announce that as of today, my dream and goal of creating law that would help prevent our state’s children from experiencing the nightmare of child abduction is now a reality. As abduction cases in our state and the nation continue to increase at alarming and unprecedented levels, it has become apparent that the combative way to prevent this epidemic from spreading was to create a sweeping law that will aid the courts in protecting our children. The ‘Child Abduction Prevention Act’ certainly does this. I would like to thank Governor Crist and all of my fellow lawmakers, including child advocate Senator Eleanor Sobel, for realizing the importance of this law. The significance of this new law in Florida should be a lesson for all states presently considering child abduction prevention legislation; it is critical to the children of every state to have preventive laws in place that will protect their well being. I would also like to thank Carolyn Ann Vlk, the astute writer of the ‘Child Abduction Prevention Act’ for her tremendous leadership in writing such a sweeping law, and, I would like to also acknowledge Peter Thomas Senese for his substantial advocacy in support of our state’s new law. Today is a great day for the children of Florida.”

As the number of criminal international parental child abductions continues to escalate substantially each year, lawmakers at both the state and federal level appear to have taken notice. The Department of State’s Office of Children’s Issues reported that there were 1,623 U.S. children criminally abducted from the United States in 2009. The aggregated growth rate over the past few years is well over 20%. These statistics do not include the substantial number of ‘unreported’ cases that were cited in the landmark report titled ‘Crisis In America: International Child Abduction Today’ (2010) researched and published by Peter Thomas Senese and Carolyn Ann Vlk.

Peter Thomas Senese, the author of the upcoming book ‘Chasing The Cyclone’ and producer of the educational documentary film series ‘Chasing Parents: Racing Into The Storms Of International Parental Child Abduction’ stated, “The number of criminal international child abductions has reached alarming levels. If we project the present growth rate of ‘reported’ abductions to 2020, an astronomical number of our nation’s children will have been ‘reported’ as being criminally abducted. And this does not include the reality that the number of ‘unreported’ cases of international abduction are expected to be at least the equivalent to the number of ‘reported’ cases. This all should raise a flag for every lawmaker and judge in the country that abduction laws and the consideration of risk factors related to a potential abduction are critical rights of a child. A failure by a court to consider such concerns and not apply appropriate abduction prevention measures to ensure an at-risk child’s safety is child abuse.

“The CAPA law unequivocally will protect the lives of many children in the State of Florida so long as judges implement the law. Hopefully more states will follow Florida’s lead. In addition, and equally important to preventive measures in the courtroom, it is critical that federal prevention measures are also implemented. This includes closing the loopholes associated with the travel documentation requirements for children connected to the Western Hemisphere Travel Initiative.”

The CAPA law allows for the presentation of competent and substantial evidence of risk factors. Factors that may be considered when determining if a risk exists include a previous history of child abduction or has been known to violate a court ordered parenting plan, or if there are known threats or clear intent to illegally abduct a child outside of the country, or if the party is likely to take a child to a country that is not a party to the Hague Convention, or if the party has forged or presented misleading or false evidence on government forms or documents in an attempt to obtain travel documents.

Preventative measures which may be utilized as a guideline in protecting children from abduction may include placing the child's name in the Children's Passport Issuance Alert Program, a provision that any U.S. or foreign passport issued in the child's name be surrendered to the court or the petitioner's attorney, that the respondent not apply on behalf of the child for a new or replacement passport or Visa, assessing the need to require a party post a bond, a prohibition that a party may not remove or retain the child in violation of a custody determination.

This law also indicates that violations of the terms of the parenting plan are subject to specific civil or criminal penalties or a federal or state warrant under federal or state laws and may subject the violating parent to apprehension by law enforcement.

Child advocate and lawyer Martin Asatrian commented, "The Florida legislation is a remarkable accomplishment Florida's policymakers achieved in the name of the children of that state. As social and political awareness continues to rise, so too will the outrage of having a child abducted across international borders. It is my hope that not only will the public have a deeper, more compassionate understanding of what both child and targeted parents of abduction must face, but more importantly, it is my hope that lawmakers in other states will demonstrate the courage and wisdom similar to what Representative Rouson and Senator Sobel demonstrated. Clearly, prevention is key to protecting our nation's children."

In closing, Carolyn Ann Vlk stated, "Parental child abduction cases can become very costly especially if search and rescue efforts become necessary. I anticipate that there will be less need for law enforcement involvement if risks are identified and preventative measures are implemented. The State of Florida now has additional capabilities to protect children from becoming victimized and to conserve our state's financial resources. However, the problems of international parental child abduction that need to be addressed as a nation are significant. I look forward to participating in dialogue and action that will better protect our nation's children, including co-drafting new legislation that will close loopholes related to travel documentation requirements for children traveling under the Western Hemisphere Travel Initiative."

For more information on international parental child abduction please visit www.chasingthecyclone.com

Thursday, April 1, 2010

'Chasing The Cyclone' Author and Producer of the Documentary Film 'Chasing Parents' Urges Florida Lawmakers To Pass Child Abduction Prevention Act


Author, Filmmaker, and Children’s Advocate Peter Thomas Senese is a successful Chasing Parent committed to raising society’s awareness on the dangers that exist when a child is abducted by one parent from another. In the United States, it is estimated that approximately 400,000 parental child abductions occur each year, with an estimated 10,000 of these abduction crimes against defenseless children being international in nature. Tragically, many internationally abducted children are never returned. Too many are lost forever.

The arsenal of skillfully crafted and riveting tools the outspoken children’s advocate has created in order to educate others about the travesty of child abduction include the critically acclaimed upcoming worldwide publication of Chasing The Cyclone and the release of the now completed groundbreaking documentary film Chasing Parents: Racing Into The Storms Of International Parental Child Abduction. Both book and film will be released in multiple languages, including French and Spanish.

In commenting about the growing success of Chasing The Cyclone and Chasing Parents: Racing Into The Storms Of International Parental Child Abduction, Peter Thomas Senese stated, “When I wrote Chasing The Cyclone and when I produced the film Chasing Parents I did so with one goal in mind, and that was to be able to create thoughtful, provoking, and highly educational entertainment vehicles that would shake the tree and raise global awareness on the terrible and dangerous plight of innocent children and targeted parents who must unexpectedly race into some of the darkest, and at times, deadliest storms you could ever imagine once a child is abducted, particularly across international borders. But education in itself was not my specific goal – the real target was to be able to use these products in order to assist in changing the legal landscape for children and victimized parents. This meant to strongly participate in the dialogue of creating laws that would serve our nation’s children.

“International Parental Child Abduction is no joke. It is a growing worldwide epidemic that could be halted in its tracks if two critical actions unilaterally take place. Critically, the first is that preventive laws must be established that would enable local courts of jurisdiction the opportunity to assess risk factors and act accordingly before an international parental child abduction occurs. The second task is that all nations must be held accountable for harboring parental child abductors who steal children across international borders either as a direct breach of the Hague Convention or as a direct violation of laws originating from the child’s place of original jurisdiction.”

Peter Thomas Senese has been one of the main orchestrators behind the advancement of Florida’s lawmakers to pass the state’s Child Abduction Prevention Act written by advocate Carolyn Ann Vlk, and sponsored by Representative Darryl Rouson and Senator Eleanor Sobel. Presently, The legislation has passed unanimously through two Senate Committees and one House Committee. The bill is expected to be placed before to legislative councils for review in the coming week. Over the past month, Senese has provided members of both Florida’s Senate and House of Representatives with copies of Chasing The Cyclone, and, has directed many legislators and their aides to the Chasing The Cyclone website, where they have been able to view the specifically created educational segments of Chasing Parents: Racing Into The Storms Of International Parental Child Abduction.

“It has been very satisfying to know that the true intent in creating Chasing The Cyclone and producing Chasing Parents – which was to inform lawmakers on the real challenges of child abduction, and offer solutions that could reduce the number of crimes against our children is actually having the impact I envisioned and hoped for when I first set out to create these tools. Having spent substantial time in person or on the telephone with Florida’s policymakers and their legislative aides, it is truly gratifying to learn that people are paying attention to the works I have created. And it is most pleasing to see the number of online viewers based in Tallahassee who have spent time watching the educational documentary film I and Ken Connelly – who was a victim of abduction and is one of our lead advocates on this bill – have created. And though we know we, along with Captain William Lake and Carolyn Ann Vlk all know we have a long way to go and a short time to get there before this bill becomes law, it is satisfying to know that my efforts may be making a difference. And make no mistake, the goal is high: It is to create law that will protect our children.”

Carolyn Ann Vlk, Florida’s Child Abduction Prevention Act and chief architect added, “The assistance of Peter Thomas Senese, the author of the critically acclaimed Chasing The Cyclone, and the producer/narrator of Chasing Parents: Racing Into The Storms of International Parental Child Abduction, to bring this legislation to the forefront of Florida’s legislators has been immeasurable. Peter Thomas’ professionalism, dedication, organization, commitment, and skills as a writer, speaker, filmmaker, and advocate has had a far-reaching effect. Whether it was sending a vast number of Florida’s lawmakers copies of ‘Chasing The Cyclone’, or directing them to view the documentary film on abduction, ‘Chasing Parents’, or creating the bill’s website, or flying into Tallahassee to speak before our legislative government, or paying for airline tickets so other advocates can petition our Senators and Representatives, Peter Thomas Senese has been open, fully committed, and unselfish. His willingness to share his personal story as that of a chasing parent while recovering his own child has touched the hearts of many, including the legislators he has met or communicated with. I am eternally grateful for his dedication, his ability to educate our lawmakers by providing them with copies of Chasing The Cyclone and creating the documentary Chasing Parents – all have played a significant role in creating further understanding for our lawmakers. I deeply respect his commitment to assist with the implementation of a law that will prevent other families from experiencing the tragedy of child abduction. Peter Thomas Senese’ impact has been far reaching.

Peter Thomas Senese, the father who dropped everything and chased into the cyclones of abduction and after his own child said, “If you are a parent chasing after your child, you must know hope, know faith, and allow the love you have for your child or children to fuel you. And never, never give up in the belief that you will bring your child home.”

Chasing The Cyclone, the thrilling, gut-wrenching, and gripping love story of a father and his son, penned under Peter Thomas, and praised by critiques as a book all loving parents or individuals who hope to have children must read, will be released in hardcover wherever books are sold on June 1st, 2010. Chasing Parents: Racing Into The Storms Of International Parental Child Abduction, the documentary film on international parental child abduction, will be released in late June, and will be made complimentary of charge to all courts, legislators, and children advocacy organizations involved with child abduction courtesy of Pacifica TWST.

For more information please visit www.chasingthecyclone.com