S.Res.543: Bipartisan Senate resolution condemns international child abduction

[M.Capestro]

Press Release of U.S. Senator Barbara Boxer
FOR IMMEDIATE RELEASE
Contact Washington D.C. Office (202) 224-3553

Boxer, Lautenberg, Kerry, Lugar, Inhofe Join Colleagues to Introduce Resolution Condemning International Parental Child Abduction

Bipartisan Resolution Calls on Countries to Do More to Prevent and Resolve Cases of Children Abducted by Parents Across International Borders

WASHINGTON, D.C. – U.S. Senator Barbara Boxer (D-CA) today joined Senators Frank Lautenberg (D-NJ), John Kerry (D-MA), Richard Lugar (R-IN), James Inhofe (R-OK) and 10 colleagues to introduce a bipartisan resolution condemning the unlawful international abduction of all children. The resolution also calls on the United States and the international community to take additional steps to resolve current and future abduction cases.

Tragically, international parental child abduction continues to be a common occurrence. According to the U.S. Department of State, last year 1,367 American children were reported abducted by a parent from the United States to a foreign country.

The 1980 Hague Convention on the Civil Aspects of International Child Abduction is the principal tool for a parent seeking the return of a child abducted across international borders. The Convention provides a legal framework for securing the return of an abducted child so that judicial authorities can make decisions on issues of custody and the best interests of the child. However, many countries do not participate in the Hague Abduction Convention and the Convention does not apply to abductions that occur before a country joins.

The resolution calls on all countries to join and fully comply with the Hague Abduction Convention and to take other steps to prevent and resolve cases of international parental child abduction. The resolution also expresses the Sense of the Senate that the United States should “aggressively pursue the return of each child abducted by a parent from the United States to another country through all appropriate means, consistent with the Hague Abduction Convention, and through extradition, when appropriate, and facilitate access by the left-behind parent if the child is not returned.”

“These abductions are devastating for the parent who is left behind and are extremely harmful to the children involved,” Senator Boxer said. “I have met parents who have not seen or heard from their children in years, and this is simply unacceptable. The international community must be united in its condemnation of child abduction and in its commitment to resolve custody disputes by rule of law.”

“International child abduction is a tragic situation that impacts not only the parents who are left behind but also the children who have been illegally separated from them and denied any contact,” Senator Lugar said. “Bringing greater attention to this issue is important if we are to change other governments’ attitudes to these abductions.”

“Conservatives and liberals rarely agree, but on the issue of these child abductions, we see eye to eye,” Senator Inhofe said. “Unfortunately, some countries around the world are complicit in allowing these unacceptable acts. The heart wrenching stories I have heard from parents is not just devastating for them, but destructive for the children. It is time for the Senate to act in a way that will help end this injustice. This well written measure is a high priority. I encourage my colleagues on both sides of the aisle to join in this effort.”

“International child abductions aren’t faceless crimes, they’re real and they’re tragic,” Senator Kerry said. “Over the last two years, I’ve gotten to know Colin Bower, a Massachusetts father who had full legal custody of his two young sons and whose life was ripped apart when they were abducted and taken to Egypt. We’re still fighting and working to get his boys home and reunite them with their dad. If you know Colin, you know it’s almost a cliche to say that this is any parent’s worst nightmare and a tragic, all-too-real reminder of why the United States must condemn international abductions and work to resolve them. The international community must stand up and do all it can to make this right.”

“We saw firsthand the devastation that international child abductions cause for parents and children when New Jersey resident David Goldman had to fight for years to be reunited with his son Sean. We need to gain the support of countries around the world in condemning this practice and agreeing to cooperate in the return of abducted children. This resolution will help us prevent these tragedies in the future,” said Lautenberg, who was instrumental in helping the return of Sean Goldman from Brazil to his father in the United States.

In November 2009, Senator Boxer and 21 colleagues wrote to President Obama urging him to address international parental child abduction with Japanese leaders during a trip to the country. Japan remains the only G-7 industrialized nation that has yet to ratify the Hague Abduction Convention.

The resolution introduced today will help continue to raise the profile of this important issue in the United States and across the globe. Additional cosponsors of the resolution currently include Senators Benjamin Cardin (D-MD), Barbara Mikulski (D-MD), Dianne Feinstein (D-CA), Kirsten Gillibrand (D-NY), Mary Landrieu (D-LA), Jeff Merkley (D-OR), Marco Rubio (R-FL), Mark Kirk (R-IL), Patrick Leahy (D-VT) and Patty Murray (D-WA). The full text of the resolution is below.
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RESOLUTION

To express the sense of the Senate on international parental child abduction.

Whereas international parental child abduction is a tragic and common occurrence;

Whereas the abduction of a child by one parent is a heartbreaking loss for the left-behind parent and deprives the child of a relationship with 2 loving parents;

Whereas, according to the Report on Compliance with the Hague Convention on the Civil Aspects of International Child Abduction of the United States Department of State from April 2010, research shows that abducted children are at risk of significant short- and long-term problems, including “anxiety, eating problems, nightmares, mood swings, sleep disturbances, [and] aggressive behavior”;

Whereas, according to that report, left-behind parents may also experience substantial psychological and emotional issues, including feelings of “betrayal, sadness over the loss of their children or the end of their marriage, anger toward the other parent, anxiety, sleeplessness, and severe depression”, as well as financial strain while fighting for the return of a child;

Whereas, since 1988, the United States, which has a treaty relationship under the Convention on the Civil Aspects of International Child Abduction, done at The Hague October 25, 1980 (TIAS 11670) (referred to in this preamble as the “Hague Abduction Convention”) with 69 other countries, has agreed with its treaty partners to follow the terms of the Hague Abduction Convention;

Whereas the Hague Abduction Convention provides a legal framework for securing the prompt return of wrongfully removed or retained children to the countries of their habitual residence where competent courts can make decisions on issues of custody and the best interests of the children;

Whereas, according to the United States Department of State, the number of new cases of international child abduction from the United States increased from 579 in 2006 to 941 in 2011;

Whereas, in 2011, those 941 cases involved 1,367 children who were reported abducted from the United States by a parent and taken to a foreign country;

Whereas, in 2011, more than 660 children who were abducted from the United States and taken to a foreign country were returned to the United States;

Whereas 7 of the top 10 countries to which children from the United States were most frequently abducted in 2011 are parties to the Hague Abduction Convention, including Mexico, Canada, the United Kingdom, Germany, Ecuador, Brazil, and Colombia;

Whereas Japan, India, and Egypt are not parties to the Hague Abduction Convention and were also among the top 10 countries to which children in the United States were most frequently abducted in 2011;

Whereas, in many countries, such as Japan and India, international parental child abduction is not considered a crime, and custody rulings made by courts in the United States are not typically recognized by courts in those countries; and

Whereas Japan is the only member of the Group of 7 major industrialized countries that has not ratified the Hague Abduction Convention: Now, therefore, be it

Resolved, That—

(1) the Senate—

(A) condemns the unlawful international abduction of all children;

(B) urges countries identified by the United States Department of State as noncompliant or demonstrating patterns of noncompliance with the Convention on the Civil Aspects of International Child Abduction, done at The Hague October 25, 1980 (TIAS 11670) (referred to in this resolution as the “Hague Abduction Convention”) to fulfill their commitment under international law to expeditiously implement the provisions of the Hague Abduction Convention;

(C) calls on all countries to accede to or ratify the Hague Abduction Convention and to promptly institute measures to equitably and transparently address cases of international parental child abduction; and

(D) calls on all countries that have not acceded to or ratified the Hague Abduction Convention to develop a mechanism for the resolution of current and future cases of international parental child abduction that occur before those countries accede to or ratify the Hague Abduction Convention in order to facilitate the prompt return of children abducted to those countries to the children’s countries of habitual residence; and

(2) it is the sense of the Senate that the United States should—

(A) aggressively pursue the return of each child abducted by a parent from the United States to another country through all appropriate means, consistent with the Hague Abduction Convention, and through extradition, when appropriate, and facilitate access by the left-behind parent if the child is not returned;

(B) take all appropriate measures to ensure that a child abducted to a country that is a party to the Hague Abduction Convention is returned to the country of habitual residence of the child in compliance with the provisions of the Hague Abduction Convention;

(C) continue to use diplomacy to encourage other countries to accede to or ratify the Hague Abduction Convention and to take the necessary steps to effectively fulfill their responsibilities under the Hague Abduction Convention;

(D) use diplomacy to encourage countries that have not acceded to or ratified the Hague Abduction Convention to develop an institutionalized mechanism to transparently and expeditiously resolve current and future cases of international child abduction that occur before those countries accede to or ratify the Hague Abduction Convention; and

(E) review the advisory services made available to United States citizens by the United States Department of State, the United States Department of Justice, and other United States Government agencies—

(i) to improve the prevention of international parental child abduction from the United States; and

(ii) to ensure that effective and timely assistance is provided to United States citizens who are parents of children abducted from the United States and taken to foreign countries.

Press Release of U.S. Senator Barbara Boxer
http://boxer.senate.gov/en/press/releases/080212b.cfm

[M.Capestro]

S.Res. 543: A resolution to express the sense of the Senate on international parental child abduction
http://www.govtrack.us/congress/bills/112/sres543
 
Sponsor: Sen Boxer, Barbara [CA] (introduced 8/2/2012)
 
COSPONSORS(14)
Sen Cardin, Benjamin L. [MD] - 8/2/2012
Sen Feinstein, Dianne [CA] - 8/2/2012
Sen Gillibrand, Kirsten E. [NY] - 8/2/2012
Sen Inhofe, James M. [OK] - 8/2/2012
Sen Kerry, John F. [MA] - 8/2/2012
Sen Kirk, Mark Steven [IL] - 8/2/2012
Sen Landrieu, Mary L. [LA] - 8/2/2012
Sen Lautenberg, Frank R. [NJ] - 8/2/2012
Sen Leahy, Patrick J. [VT] - 8/2/2012
Sen Lugar, Richard G. [IN] - 8/2/2012
Sen Merkley, Jeff [OR] - 8/2/2012
Sen Mikulski, Barbara A. [MD] - 8/2/2012
Sen Murray, Patty [WA] - 8/2/2012
Sen Rubio, Marco [FL] - 8/2/2012

[Nicole's Dad]

What does all of this actually do? It's just a bunch of waste of taxpayer dollars if there are no hard actions behind it all. Condemning child abductions does nothing. It's all rhetorical chatter. Actions speak louder than words. Enforce the laws that are already in place and see what happens.

[rmakielski]

Simple resolutions are designated H.Res. and S.Res., followed by a number.  A simple resolution addresses matters entirely within the prerogative of one house, such as revising the standing rules of one Chamber. Simple resolutions are also used to express the sentiments of a single house, such as offering condolences to the family of a deceased member of Congress, or it may give "advice" on foreign policy or other executive business. Simple resolutions do not require the approval of the other house nor the signature of the president, and they do not have the force of law.

[SageDad]

What does all of this actually do? It's just a bunch of waste of taxpayer dollars if there are no hard actions behind it all. Condemning child abductions does nothing. It's all rhetorical chatter. Actions speak louder than words. Enforce the laws that are already in place and see what happens.

I used to think that something was better than nothing, but that's pretty much how I see it too now.  These half measures are designed to give the appearance of action without actually doing anything.  I'm not convinced they don't do more harm than good as they serve as an opiate to the advocates and interested parties.  A pat on the head to acknowledge we exist before going back to business as usual.  Even if they were helpful in the past, it's beyond clear at this point that they are empty words with no force behind them.  This is just the latest in a long series of empty gestures.  I have a running list of these that I haven't updated in the past couple years (so it's a missing a few):

111th Congress - 2009-2010

House

H.RES.125 Calling on Brazil in accordance with its obligations under the 1980 Hague Convention on the Civil Aspects of International Child Abduction to obtain, as a matter of extreme urgency, the return of Sean Goldman to his father David Goldman in the United States; urging the governments of all countries that are partners with the United States to the Hague Convention to fulfill their obligations to return abducted children to the United States; and recommending that all other nations, including Japan, that have unresolved international child abduction cases join the Hague Convention and establish procedures to promptly and equitably address the tragedy of international child abductions.

H.RES.1326 : Calling on the Government of Japan to address the urgent problem of abduction to and retention of United States citizen children in Japan, to work closely with the Government of the United States to return these children to their custodial parent or to the original jurisdiction for a custody determination in the United States, to provide left-behind parents immediate access to their children, and to adopt without delay the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

Senate

S.RES.37 : A resolution calling on Brazil to comply with the requirements of the Convention on the Civil Aspects of International Child Abduction and to assist in the safe return of Sean Goldman to his father, David Goldman.

110th Congress - 2003-2004

House
H.RES.821 : Condemning the abduction of Dylan Benwell from the United States and calling for his return.

107th Congress - 2001-2002

House

H.CON.RES.69 : Expressing the sense of the Congress on the Hague Convention on the Civil Aspects of International Child Abduction and urging all Contracting States to the Convention to recommend the production of practice guides.

H.CON.RES.237 : Expressing the sense of the Congress urging the Republic of Italy to safely and immediately return Ludwig Maximilian Koons to the custody of his father in New York.

H.CON.RES.516 : Expressing the sense of Congress that United States diplomatic and consular missions should provide the full and complete protection of the United States to certain citizens of the United States living abroad.

Senate

S.CON.RES.157 : A concurrent resolution expressing the sense of Congress that United States Diplomatic missions should provide the full and complete protection of the United States to certain citizens of the United States living abroad.

106th Congress - 1999-2000

House

H.CON.RES.293 : Urging compliance with the Hague Convention on the Civil Aspects of International Child Abduction.

H.RES.215 : Expressing the sense of the House of Representatives with regard to the return of Saif Ahmed.

Senate

S.CON.RES.98 : A concurrent resolution urging compliance with the Hague Convention on the Civil Aspects of International Child Abduction.

S.RES.239 : A resolution expressing the sense of the Senate that Nadia Dabbagh, who was abducted from the United States, should be returned home to her mother, Ms. Maureen Dabbagh.

102nd Congress 1991-1992

House

H.J.RES.266 : Designating the week beginning August 4, 1991, as "International Parental Child Abduction Awareness Week".

[forthelost]

For the record, Saif Ahmed is still missing.

[Nicole's Dad]

See what I mean? This came out on August 3rd. 12 days later, there has been nothing said about it. To much talk and not enough action.