mercredi 17 juillet 2013
I CARE Foundation's Commitment To Helping Protect Children: The International Travel Child Consent Form
The I CARE Foundation's International Travel Child Consent Form Is Helping Stop Parental Child Abductions Involving The Wrongful Detention Of A Child
The I CARE Foundation’s International Travel Child Consent Form is being viewed by highly respected international family law attorneys around the world who are deeply familiar with the grave challenges of international parental child abduction prevention and reunification as a significant new tool that may assist them and courts protect against abduction.
Worldwide, international parental child abduction increases substantially during the summer months when children are on summer school break. One of the primary methods behind these abductions under the rules established by the Hague Convention on the Civil Aspects of International Child Abduction occurs when a parent wrongfully detains a child in a foreign country outside of a court order or without consent of the other parent after the ‘taking parent’ is initially granted permission to travel with the child to a foreign country.
In many of these cases the ‘taking parent’ carefully conspires to mislead and defraud the courts and the ‘targeted parent’ of their true intent: to relocate in their country of origin with the child while removing the targeted parent's contact with their child. Detecting abduction schemes is often not easy. In fact, some parents conceal their true intent to abduct by inviting the child's other parent to travel abroad with them in an attempt to avoid suspicion of abduction. However, once in a foreign country (often the conspiring parent's country of origin), the conspiring parent unleashes a horrible scheme intended to remove the other parent’s rights to the child. They often succeed.
The I CARE Foundation’s comprehensive 'International Travel Child Consent Form' was created to prevent these types of international parental child abduction schemes by calling for both parties to affirm key components central to the ability for an abductor to mount a false and misleading legal defense while also creating additional affirmations for an expeditious return of a child who has been wrongfully detained.
Steep in Hague-oriented case law with focus on Articles 1, 12, 13 and 20, the I CARE Foundation's International Travel Child Consent Form was created to remove a parent's legal defenses under Articles 12, 13, and 20 of the Hague Convention who may be scheming to abduct a child prior to an alleged 'family vacation' abroad while also establishing strong support for a child’s immediate return under Article 1 of the Hague Convention.
Silvia A. Sejas Pardo, a highly respected Argentinean and Spanish international lawyer based in Spain and who is a Founding Member of FASIM, an international association of attorneys dedicated to preventing child abduction commented, "We need to continue to treat child abduction and prevention of kidnapping as something extremely exceptional as we are dealing with children's lives. The uncertainty and abuse related to abduction is not in their interest. The I CARE Foundation's International Travel Child Consent Form is workable and would make child abduction more difficult as this document is a legally strong piece of evidence that may result in protecting many children. I hope all Hague-member states embrace this initiative."
Peter Thomas Senese of the I CARE Foundation and author of the critically acclaimed Chasing The Cyclone and lead creator of the consent form added, "The new abduction prevention tool was created to help provide clarity and directional paths for any court or law enforcement agency overseeing international parental child abduction associated with the wrongful retention of a child abroad. As the new international travel consent form reaches into Central Authorities and courtrooms around the world, and as attorneys dedicated to protecting children implement this tool or one similar to what the I CARE Foundation has created, we hope that there is a dramatic decline in abusive child abductions. We may not have created a new law, but we have created a universal child abduction prevention tool the entire world can use."
Mexico’s Carlos Alvarado, a renowned international family lawyer specializing in international parental child abduction prevention and reunification issues, and who is actively involved in new legislation initiatives in Mexico focused on protecting children of abduction added, "As a law practitioner deeply familiar with Hague Convention law and the great challenges parents and lawyers have protecting children targeted for international abduction, it is critical that new and creative abduction prevention tools are utilized to protect children. The I CARE Foundation's International Travel Child Consent Form is an important tool that can and should be used to prevent children from being wrongfully detained in a foreign country. We intend to widely implement this new tool to protect children in Mexico and whenever possible, assist parents who have had a child abducted to Mexico who have utilized this agreement. This is a tool all attorneys should use."
Adding further insight, renown Florida family law attorney Denise Gunn, who is a member of the U.S. Department of State’s Hague Convention Attorney Network and who recently prevented the abduction of two minors from Florida to a non-Hague Middle Eastern country in a complex custody dispute added, “New and applicable international child abduction prevention resources such as the I CARE Foundation's International Travel Child Consent form is a critically needed tool to stop the abusive criminal act of parental abduction. Once implemented, the foundation's groundbreaking Hague Convention-oriented travel consent form should protect a large population of at-risk children around the world who are targeted for wrongful retention under the rules of local and international law. The ingenuity and thoughtful creation of this agreement illustrates the expertise and commitment of the I CARE Foundation to protect children."
Linda Hammerschmid is Secretary of the Family Law Association of Quebec and a Family Law practitioner in Montreal Canada with over 30 years’ experience in the field. Ms. Hammerschmid commented, “The creation of the new International Travel Consent form is a MUST have, not only for Government Departments, Family Law Attorneys and divorcing couples, but also for INTACT families, and should be kept at the homes of ALL parents to use whenever one or the other wishes to travel alone with their children. Far too often the traveling parent only informs the other, AFTER departure, of their intention not to return the children.”
The I CARE Foundation is a non-profit organization dedicated to preventing child abduction.
Jennifer Cluff, one of the world’s foremost parenting blog writers who has stewarded the message of child abduction prevention on her Mom-ology parent site added, “Parents at risk of having a child kidnapped often are not aware of the scheme against them. The I CARE Foundation's tool is something all parenting-focused writers need to share with their readers, especially since the majority of our reader-base is the near-identical demographic of targeted parents.”
To download a copy of the 'International Travel Child Consent Form' in English or Spanish please visit the I CARE Foundation's official website. For more information about suggestions on how to implement the form and to obtain the legal analysis used to create this abduction prevention tool, please contact by email: firstname.lastname@example.org or call 310.882.3967.
*NOTE: The press news release does not constitute legal advice. Should you require assistance please consult with a qualified attorney.