Peter Thomas Senese Discusses How To Prevent International Parental Child Abduction This Christmas Holiday Season

International parental child abduction is tragically still something that society and even sometimes our judicial system will look at as a dispute that needs to be worked out within the family, and quite frankly this common misconception that parental abductions are a family matter has to end. Parental child abduction is a criminal act that can involve the physical, emotional and psychological abuse of a child.  It is not a custody dispute!  A child that tragically becomes a victim of a parental kidnapping suffers both short-term and long-term psychological effects, even if the child is eventually reunited with their other parent.

An abducting parent is often a real danger to their child as they typically have significant and generally long-term psychological problems. A U.S. Department of State report specifically states, “[The] profile [of an international parental child abductor] is the sociopathic personality.” The United States Department of Justice’s Office of Juvenile Justice and Delinquency Prevention (OJJDP) stated, concerning the sociopathic behavior of abductors, “As with paranoid and delusional parents, sociopathic parents are unable to perceive their children as having separate needs or rights. Consequently, they often use their children blatantly as instruments of revenge or punishment or as trophies in their fight with the ex-partner. Hence, the sociopathic parent believes that domestic violence and child abduction can be perpetrated with impunity.”

An abducting parent can use their child as an instrument of REVENGE!  Should this concern us as a society?  Most defiinitely!  According to a statement released by the FBI, there is a disturbing trend coming from non-custodial parents, which is not only the rate at which we are seeing parental abductions occurring, but the fact that these parents are threatening to harm their own children all with the intent of revenge against the other parent who most likely has been given legal custody.

Taking these facts into consideration, is it any wonder why we say that a parentally kidnapped child needs to be considered in grave danger… immediately!  If you are unfamiliar with the term “filicide”, it is the deliberate act of a parent killing his or her own child, and is serious concern when we speak of international parental child abduction.  Dr. Phillip Resnick, the Director of Forensic Psychiatry at Case Western Reserve University in Cleveland stated in an article that was published by the Denver Post a few years ago about parental child killing, “Historically, one out of 33 homicides is a parent killing a child younger than 18.” Dr. Resnick, who conducted a study on filicide in 2005 states “Filicide, the deliberate act of a parent killing his or her own child, is the third-leading cause of death in American children ages 5 to 14.” As well in this Denver Post report was that fact that, “Researchers estimate 250 to 300 children are murdered by their parents each year in the U.S.”

The fact is that with the large number of American children being born to unwed parents today, along with the high rate of marriages ending in divorce, the reality is that there is an increasing number of cases where a single parent is going to have custody of the child. The FBI’s statistics show that between the years 2010 and 2012 there was an increase of 41% in child abduction cases that involved custody matters.  So if we add that to the increased number of those parents seeking retaliation through harming their own child – again, do we need to be concerned? – you bet we do!

These facts all support what the I CARE Foundation has been saying for some time: Children that are parentally abducted are being murdered.

So, as parents, what can you do to prevent international parental child abduction?

Well, here is where it is important to share that we are entering the Christmas holiday season, which is the time of year where we see a dramatic increase in the number of international parental child abduction cases, particularly the week following the holiday.  It is imperative that parents are aware not only of the WARNING SIGNS of international parental child abduction, but also know what to do if there is an international parental child abduction is in progress.

Those families that need to be extra vigilant this holiday season would be those that are considered to be high-risk for international abduction.  This would include those that are in a high-conflict situation… divorce or separation with child custody issues… particularly with couples that are in a cross-cultural relationship (parents born in two different countries).  As well, those in a relationship where one parent has strong ties to another country and may have limited assets where they are currently living with the child and the child’s other parent.

The I CARE Foundation’s International Travel Child Consent Form:

If you are a parent that has a child traveling internationally, the I CARE Foundation strongly urges that you utilize our Hague-oriented International Travel Child Consent Form to protect your child from abduction while traveling.  This ground-breaking travel consent form has been embraced by the legal community around the world, as well as by key stakeholders in the area of abduction prevention. 

Now, if you should happen to be one of those high-risk families – again, one that is involved in a child custody dispute, separation or divorce, especially if your partner has ties abroad – you must be proactive in protecting your children.  Often, parents that are involved in international child custody disputes and who may be targeted for abduction think that their child is best protected from abduction when there is a court agreement in place for the child to return if the other parent is granted travel. The truth is that unless there is an international travel consent form that has immediate ramifications attached to it, the parent and child targeted for abduction are at serious risk.  The I CARE Foundation’s International Travel Child Consent Form can help protect a parent and child in this type of situation. 

Currently, to the best of our knowledge, every child that has traveled under the protection of the travel consent form has returned home to their country of origin.  With approximately 70% of all international child abduction cases revolving around wrongful retention, which is the focus of the International Travel Child Consent Form, if parents and the legal community are aware and utilizing this document, it can make a tremendous impact in the area of abduction prevention on a worldwide scale… the fact is, it already has.

Most recently, in an effort to make the International Travel Child Consent Form even more effective and accessible, it has been translated into 20 different languages from around the world with more translations coming soon.  Please click the image below to be taken to the official I CARE Foundation websitewhere you can see the translations that are currently available.  If you should have any questions regarding the form please contact the I CARE Foundation at legal@theicarefoundation.org

Know The Warning Signs of International Parental Child Abduction:

The WARNING SIGNS of international parental child abduction are evident in the majority of parental child abduction cases, but many times the targeted parent doesn’t see them until it is too late.  As shared earlier, we see a dramatic increase in the number of international parental child abduction cases during the Christmas holidays as many times the would-be-abductor uses a family vacation for the holidays as a guise for their elaborate scheme to abduct the child from their country of origin.  Planning a family vacation could, in essence, show their partner that they are willing to work on their relationship despite any issues that may have happened in the past.  This is part of the life of deceit that a would-be-abducting parent lives… all while scheming how to get their child abroad.

A common scenario might go something like this:  The would-be-abducting parent tells his/her partner that they would like to plan a trip to a foreign country… perhaps their country of origin… maybe to visit a sibling or parents over the holiday season.   Once the family arrives in the foreign country, the abducting parent might file false allegations of abuse and neglect against the other parent and then notify the other parent that they and the child will not be returning back to the country of original jurisdiction.  At this point, the targeted parent, who didn’t suspect any of this, is generally forced to return back home without their child where they then need to seek legal assistance.

Being aware of the warning signs could realistically help protect you and your child from the cruel and unforgivable world of international child abduction… a world that no parent or child should ever have to be exposed to.

Please click on the image below to be taken to the official website for the I CARE Foundation where you can learn more about the warning signs and what you should look for.

U.S. Programs That Help Prevent International Abductions:

There are two critical programs available to U.S. parent citizens that may aid in the prevention of their U.S. child citizen from being internationally abducted.

Children’s Passport Issuance Alert Program (CPIAP): one of the Department of State’s most important tools for preventing international parental child abduction. Parents are able to register their U.S. citizen children under the age of 18 in the Passport Lookout System.  If at some point a passport application is submitted for a child that is registered in the CPIAP, the Department of State contacts and alerts the parent(s).  This system provides the parent(s) with advance warning of possible plans for international travel with the child.

The Charleston Passport Center is responsible for administering the Children’s Passport Issuance Alert Program:

U.S. Department of State
Passport Services, Charleston Passport Center
Attn: Children’s Passport Issuance Alert Program
1269 Holland Street, Building D
Charleston, SC 29405

E-mail: ChildrensPassports@state.gov
Phone: 1-888-407-4747
Fax: 843-746-1827

Prevent Departure Program (PDP): In the past, American parents at risk of having a child illegally removed from the United States had to deal with the reality that it was extremely difficult to stop an international child abduction if the other parent possessed a right of American citizenship (sole or dual citizenship). Part of the problem is that the United States has limited exit controls and government published information regarding programs that could be utilized to stop international parental child abduction such as the Prevent Departure Program require a suspected international parental child abductor to not have a right of American Citizenship, among a host of other requirements.

Today, parents who are at risk of having a child internationally abducted by a parent who possesses citizenship to the United States or who has dual citizenship may be able to protect their children from abduction.

If you should happen to be an at-risk parent that believes your child’s other parent is planning or is in the process of an international parental abduction, please contact the United States Department of State’s Office of Children’s Issues Abduction Prevention Bureau to discuss potential measures that may be available to you to ensure the individual parent suspected of an international child abduction threat does not illegally depart the United States and remove your child in violation of a court order or in breach of your right of custody.

To contact the Department of State’s Office of Children’s Issues Prevention Bureau please contact:

The United States Department of State
Office Of Children’s Issues
Abduction Prevention Bureau
CA/OCS/CI
SA-17, 9th Floor
Washington, DC 20522-1709

Email: prevention@state.gov
Phone: 1-888-407-4747   or   202-501-4444

Please educate yourself about the WARNING SIGNS of international parental child abduction.  It not only protects your children but perhaps other children you might know.  The fact is, we are all three degrees of separation away from knowing someone affected by parental child abduction.  And remember that parental child abduction is not a custody battle, it is a crime, and one that has long term effects on all who have to experience it!!

If your child is being allowed or required by court order to travel to a foreign country, please strongly consider having the other parent sign the International Travel Child Consent Form.  Should that parent not be willing to, this is a very serious WARNING SIGN that they may be planning an abduction.

To learn more about the criminal act of international parental child abduction, or to DOWNLOAD a free copy of the International Travel Child Consent Form, which is currently available in 20 different languages, please visit the I CARE Foundation website.

If you suspect an international parental child abduction is imminent or if one is in progress, CLICK HERE.

All of us at the I CARE Foundation would like to wish you the best of the holiday season!

How To Stop Parental Child Abduction? The I CARE Foundation's International Travel Child Form and the Hague Child Abduction Convention

Travel Documents For Children?

Fear of international child abduction? Separation or Divorce in a multi-national relationship?

Selecting the best international travel consent form for your child can be the complete difference between an international parental child abduction being carried out or not by the child's other parent. Yes - I said 'International parental child abduction'.  You see, the vast majority of children - and there are tens of thousands of children targeted each year for international parental child abduction - who fall prey to abduction come from multi-cultural families that are often in conflict such as a failing relationship or outright divorce.

In today's global environment, there is only one global abduction prevention tool that can prevent against a child being wrongfully retained abroad, and that is the I CARE Foundation's International Travel Child Consent Form.  The fact is, there is no other child travel consent form created like it, as it it steep in the 1980 Hague Child Abduction Convention language needed to defend against a parental abduction. 

Peter Senese & the I CARE Foundation’s International Travel Child Consent Form 

In fact, the I CARE Foundation's travel consent form has been hailed by the international legal community as a critically important child abduction prevention tool that all parents around the world should use when allowing a child to travel abroad.

                                          

According to the I CARE Foundation's extensive research,  the majority of all cases of international parental child abduction occur when a child is wrongfully detained in a foreign country. The wrongful detention of a child abroad generally occurs during a court directed travel order or when travel occurs by mutual parental consent, particularly during the summer school break or the Christmas holiday season. However, unknown to the targeted parent who may either travel with the child or who may remain in the child’s country of habitual residency, the scheming parent intending to remain abroad with the child has more than likely crafted a well-orchestrated scheme that includes use of Article 12 and Article 13 of the Hague Convention in order to remain abroad with the child.  Unfortunately, the vast majority of children wrongfully detained in a foreign country do not come home.  The I CARE Foundation’s ‘International Travel Child Consent Form’ protects against misuse of all known international child abduction defenses under the 1980 Hague Child Abduction Convention, including Articles 12, 13, and 20, while upholding the intent and spirit of Article 1 of the Child Abduction Convention.

One of the major problems that exist today when parents are required to attempt to bring home their wrongfully retained child is that the ease parental child abductors have in defending their act of abduction has expanded significantly. One of the primary reasons behind this ease of defense is that courts around the world have wrongfully expanded the scope of Article 13 of the Hague Child Abduction Convention - the 'best interest' clause - to such a wide scale that it makes it extremely difficult for a left behind parent to reunite with their child. 

However there is real hope - hope that has been proven in a large and growing number of cases around the world: the I CARE Foundation's travel form has been able to mute fraudulent claims of an Article 12 and Article 13 defense in courtrooms around the world.

Peter Thomas Senese, the creator of the I CARE Foundation’sInternational Travel Child Consent Form and the Executive Director of the I CARE Foundation stated, “Perhaps the singular most important factor is that local courts in foreign countries are not abiding by the intent and spirit of the Hague Child Abduction Convention.  Specifically, all abductors will make defense claims under Article 12 or Article 13 of the Hague Convention.   Article 12 has to do with intent to relocate, and Article 13 has to do with the ‘Best interest of the child’, which recently has been expanded in many courts to include ‘Best interest of the child and extended family’. Unfortunately, Article 13 in particular has become the Achilles Heel of the abduction prevention community.

“Hague Conference During Hague proceedings, the convention calls for the inbound country’s Hague Court to look at Article 13 defenses only in extreme cases as the intent of the 1980 Hague Child Abduction Convention is to determine which court has jurisdiction of the child, and then properly and expeditiously return that child to the country where the court of original jurisdiction is located.  However, around the world, courts are no longer acting in an expeditious manner as is cited under Article 1 of The Hague Child Abduction Convention.  Instead, local courts are calling for detailed findings of what is in the best interest of the child and in essence making their own custody ruling even though they are not the court of original jurisdiction. Problematically, these courts are in essence mooting not only the 1980 Hague Child Abduction Convention but they are essentially quashing the court orders originating from the child’s country of original jurisdiction.

“What the I CARE Foundation’s ‘International Travel Child Consent Form’ does is it upholds the intent and spirit of the 1980 Hague Child Abduction Convention, including Article 1’s ‘Expeditious determination clause’. In addition, the travel consent form strongly addresses misuse of Article 12 and Article 13 defenses, and essentially moots use of false claim.  In addition, the I CARE Foundation’s travel consent form upholds the sanctity of the court of original jurisdiction located in the child’s country of habitual residency.

In essence, the I CARE Foundation’s ‘International Travel Child Consent Form’ is the only global child abduction prevention tool that safeguards against misuse of the Hague Child Abduction Convention defenses and calls for the immediate return of a child if that child is wrongfully detained by mutual consent of both parents.

Extensive high remarks for the I CARE Foundation’s International Travel Child Consent Form as a groundbreaking, comprehensive, and significant global international parental child abduction prevention tool have been voiced by the leadership within legal communities familiar with international parental child abduction during  legal forums around the world including compelling commentary from senior officers of the Hague Permanent Bureau during but not limited to international legal symposiums on child abduction held during the LEPCA Conference in the Hague, the IAML Conference in New York, and the Sapporo Bar Association’s Hague Symposium in Sapporo. In addition a large and growing number of attorney Bar Associations in the United States and abroad have published positive and meaningful feedback concerning the I CARE Foundation’s travel consent form with clear intent to educate their legal constituents about the landmark child abduction prevention tool. Perhaps most meaningful is the reality that many judges around the world have praised the I CARE Foundation’s travel consent form, have utilized the document in their courtrooms, and continue to implement the form in courtrooms around the world during child custody and child travel legal proceedings.

For more information please visit The I CARE Foundation at www.theicarefoundation.org.  

For attorneys seeking access to the legal brief and analysis of the travel consent for contact legal@theicarefoundation.org 

Who Are The Top International Child Custody & Matrimonial Lawyers In New York City? Joel S. Walter of New York City Is Outstanding

The I CARE Foundation

International divorce and child custody cases are incredibly complex, particularly when their are adversarial parties litigating with one another. 

In my role as the Founding Director of the not-for-profit 'International Child Abduction Research and Enlightenment Foundation', (the 'I CARE Foundation'), I have had a ring-side seat to an enormous number of difficult and highly complex international child custody cases stemming from the nightmare of international parental child abduction. In this capacity, I have had plenty of opportunity to see some of the best and quite frankly some of the less desirable lawyers in the United States litigate these highly sophisticated cases. 

Top New York City
Matrimonial Attorney
Joel S. Walter

Clearly, New York City based attorney Joel S. Walter is in my opinion one of the best international matrimonial lawyers in the country and surely at the top of my list of international divorce and child custody attorneys practicing in New York City and the surrounding area. 

Again, my vantage point comes from my activity as a board member of the I CARE Foundation.  In all due fairness and with transparency, Joel S. Walter also sits on the I CARE Foundation's Board of Directors. 

Mr. Walter was nominated to the I CARE Foundation's Board of Directors one year ago, and was selected with good reason: he is a brilliant lawyer whose practice primarily revolves around complex federal court cases, including challenging international matrimonial disputes and cross-border child kidnapping.  In addition, Mr. Walter, outside of being a highly skilled litigator, possessed an unbowed desire to help children, particularly those who were or may be targeted for abduction.  Combining his legal skill set and desire to make a difference on behalf of others, there was one other trait that Mr. Walter has, and one I know is critical and important for parents dealing with international custody disputes: he knew and respected the law, and in that knowledge, he was able to obtain positive results for his clients. 

"Outside of being a great lawyer, Joel is brutally honest with his clients and does not act with chicanery before the courts."were the words used to describe Joel S. Walter by my good friend, the highly respected Honorable Ronald Aiello, who was the Chief Administrative Judge for New York State Supreme Court in both Kings Country and Richmond (and the inspiration for the character Judge Ronald Pitt in my novel 'The Den of the Assassin') nearly twenty years ago, when Joel and I first became friends.

The sentiment shared by Judge Aiello, who sadly passed several years ago, are sentiments felt by other judges who preside over either cases in New York State Supreme Court or the United States District Courts.   

For those of you who are not aware of the I CARE Foundation, our primary mission, as cited from our official website is as follows: 

 The International Child Abduction Research and Enlightenment Foundation mission is to participate in social and political dialogue that will assist in the prevention of children targeted for international parental child abduction or in the reunification of children who have been wrongfully abducted. At the core of our mission is our ongoing activity to conduct research in the area of international parental child abduction and use our findings to assist policymakers create and uphold laws and policies that will prevent innocent children from abduction. It is our further goal to educate government administrators and lawmakers of our research findings so that this information can assist direct initiatives and policies. We believe it is critical that judges overseeing abduction prevention or reunification cases must become more educated of the complexities that evolve around child abduction cases. It is our intent to play a role in educating the judiciary as well as officers of the court, including lawyers who practice family law. Finally, it is our mission to educate all individuals interested in protecting children from abduction, including parents who have children targeted for abduction so that they may be able to protect their children. At the core of the I CARE Foundation is our mission to help prevent children from being internationally kidnapped through research, education, and empowerment to create and uphold policies that will help children.

What makes me say that Joel S. Walter is one of the best international matrimonial lawyers in New York City and the United States, particularly when it comes to international disputes regarding children?

A Rare Event:
A child comes home

The answer may be found in realizing that Joel S. Walter has been heavily influential in reuniting a large number of internationally abducted children or preventing an even larger number of abductions.  Or maybe it is due to his ability to assist divorcing families resolve highly litigious and complex family court cases in a civil and amicable manner due to his no-nonsense, yet elder-statesmen character that is clearly backed by a great deal of knowledge. Or maybe it is because Mr. Walter is very involved in the I CARE Foundation's federal legislative initiatives concerning two initiatives that will, if passed into law, protect children from abduction or trafficking.

I am proud and honored to work with Joel S. Walter in our fight to stop the growing pandemic of international parental child abduction as a co-member of the I CARE Foundation's board of directors.

Joel S. Walter is not only a top litigator who knows and understands the complexities of international law, and who is highly respected by those he works with or litigates before, but he does something really impressive: he does what he says he is going to do.

Based on the number of children of abduction Joel S. Walter has either helped reunite or prevented abduction from occurring, based on his long-history of practicing complex legal cases before numerous United States Federal Courts for 40 years in consecutive good standing, based upon his willingness to give of himself and come to the aid and protection of defenseless children, and based upon a wealth of knowledge that allows him to work toward successful outcomes for his clients while also working diligently toward creating and implementing new laws that will protect children from abduction, Joel S. Walter is in my opinion one of the best international matrimonial and child custody lawyers in New York City and the United States. 

Mr. Walter is licensed to practice law in New York State. He is also admitted to practice in the following courts:

• Appellate Division, First Department of New York
• The four Federal District Courts of New York (Southern, Eastern, Northern and Western)
• The Federal Second Circuit Court of Appeals

For more information on New York City Attorney Joel S. Walter, please visit his website at: www.internationalparentalchildabduction.com