How To Prevent International Abduction Due To The Wrongful Detention Of A Child: The I CARE Foundation's International Travel Child Consent Form

Each year the I CARE Foundation sees a dramatic increase in the number of international parental child abductions during the summer months.  This is the time that would-be abducting parents are planning their schemes.  Most often we see families travelling abroad as part of summer plans, but the would-be abducting parent doesn't consider this a family vacation, rather they use it as an opportunity to abduct their child.

Often, when it comes to parental child abduction, the warning signs are visible if you know what to look for, but typically the other parent is unsuspecting of any schemes of abduction.  Once travel is complete and 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. Meanwhile, the abducting 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.

It is however, not only the summer vacation season that we need to be concerned about international parental child abduction.  Parents that are involved in high-conflict child custody disputes, especially those of an international nature, where a child may be travelling abroad - they need to think very carefully and be very aware of the risks involved for their child in relation to international travel.

The truth is, international parental child abduction associated with child custody disputes and court orders relating to travel is commonplace. Often, parents 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 order in place for the child to return if the other parent is granted travel... but this is just not the case.  Unless you have an international travel child consent form that has immediate ramifications attached to it, then a parent and child targeted for abduction are in serious risk.

Abduction is never in the best interest of the child.

The Hague Convention offers civil remedies for children and parents of abduction. However, the process can be difficult at times and often does not work due to the complexities of law and the limited support a targeted parent may receive litigating their case to reunite with their child.

Clearly, the best way to protect a child from abduction is to prevent international parental child abduction.

In order to combat international child abduction, the I CARE Foundation created the ground-breaking, Hague-centric International Travel Child Consent Form, which can be utilized to protect against a child’s wrongful detention abroad.  Ultimately, the travel consent form helps to ensure the child is returned home should there be an international abduction. With approximately 85-90% of all international abductions based upon the wrongful detention of a child abroad, the I CARE Foundation’s International Travel Child Consent Form is the most effective tool available to assist parents and children at risk of abduction.

Here is a brief Q & A regarding the International Travel Child Consent Form which will help explain why this ground-breaking tool is so critical in the prevention of international child abduction.
Q.  Why use the I CARE Foundation’s Hague International Child Abduction-centric ‘International Travel Child Consent Form’?

A.  It is estimated that approximately 70% 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. 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.

Q.  Is the I CARE Foundation’s ‘International Travel Child Consent Form’ enforceable in foreign courts?

A.  Yes. One of the key elements of the I CARE Form is that the document requires an Apostolic Notarization (see information on Apostolic Documentation). The travel consent form must be delivered prior to travel to the consulate or embassy of the country the child will be traveling to that is located in the child’s country of habitual residency as well as a copy sent to the child’s country of habitual residency’s consulate or embassy located in the country they intend to travel to.

Q.  How difficult is it to have a child who is abducted returned to their country of original jurisdiction?

A.  One of the greatest challenges all targeted parents face is that it is becoming increasingly more difficult to recover and reunite with abducted children.  Statistically, the grave challenges have not been fully revealed primarily due to the vast majority of countries around the world not reporting their abduction rate. In fact, of the 91 signatory countries of the 1980 Hague Child Abduction Convention, only a handful of countries have reported their international parental child abduction statistics.  One country that has done reporting is the United States. And as reported in the testimony presented to the U.S. Senate’s Committee on Foreign Relations hearing that took place in February, 2014, approximately 40% of American children abducted to Hague signatory countries are returned home.  This number has rapidly declined over the past few years.  Additionally, less than 20% of all children taken to non-Hague signatory nations have been returned to the U.S.

It is noteworthy to share that excluding the United States, countries that have reported their abduction rate have demonstrated on average a 20% growth in abduction per year.  The ongoing global abduction rate increase is in contradiction to the reported U.S. outbound abduction rate, which has declined by 23% during  the reporting periods of FY 2011 and 2012.

Q.  Why is it that the majority of parents are successful in carrying out their scheme of abduction?

A.  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.

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 (outside of tribunal courts such as those established in England) 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.

Q.  Who has supported the I CARE Foundation’s International Travel Child Consent Form?
A.  The I CARE Foundation’s ‘International Travel Child Consent Form’ has been supported by global child abduction prevention leaders around the globe including the Turkey’s Honorable Judge Selma Nilhan Tekinalp, a world renown child advocate and leading authority on Hague abduction law stated,

The judiciary has an absolute responsibility to prevent against international parental child abduction. In cases when a parent wrongfully takes or detains a child in a foreign country without court order or consent society must understand that this is never a child custody case but a case of kidnapping. The grave and severe abuse to children of abduction at the hands of their kidnapping parents is devastating and only now coming into public light. From the I CARE Foundation sponsored conference at the United Nations I participated in, and discussed with Mr. Peter Thomas Senese numerous issues revolving around how we may prevent abduction, I am pleased to share that the ‘I CARE Foundation’s International Travel Child Consent Form’ has the worldwide potential to dramatically reduce global child abduction. This agreement is deep in Hague law, and strikes at the core of abductor statements who may attempt to mislead courts into sanctioning a kidnapping established under the rules of the Hague Convention. I welcome the creation of the Special Commission.

Esteemed Washington D.C. international family law attorney Armin U. Kuder, partner at the highly respected firm Kuder, Smollar & Friedman, has been named in every article identifying leading family lawyers in the prestigious ‘Washingtonian Magazine’ while also has been named in ‘The Best Lawyers in America’ since the publication’s inception, provided insight on the pragmatic usefulness of the ‘International Travel Child Consent Form’ when he said,

If there is no prior attempt at international abduction of a child, it is extremely difficult to convince a court that it is going to happen. The I Care Foundation International Travel Child Consent Form is a powerful tool for exposing a would-be abductor’s intent. If a parent will not sign the form, we have compelling evidence to present to a court in support of limitations on travel, use of passports, and conditions for access to the child.

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,

The creation of the Special Commission is a critical step in furthering the global utilization of the ‘International Travel Child Consent Form’ into courts everywhere. We as lawyers who are on the front-line in the fight to stop abduction not only must embrace this clever and sophisticated tool, but we must share of its high merit with lawyers and the judiciary around the world. If we do, we will prevent many abductions.

Carolina Marín Pedreño is a partner at the prestigious London-based law firm of Dawson Cornwell, Carolina Marín Pedreño is the Founding Member of FASIM, an international association of attorneys based in Barcelona created to prevent and assist with international child abduction cases. Additionally, Carolina is the Secretary of the British and Spanish Law Association, a member of the Spanish Association of Family Lawyers, AEAFA, Resolution, Reunite: International Child Abduction Centre, the Society of British and Argentine Lawyers, and the Association of Lawyers for Children, added,

The positive feedback of the Secretary General is extremely welcome as it highlights the potential of the I CARE Foundation’s ‘International Travel Child Consent Form as an international instrument to prevent and reduce cases of child abduction globally. The I Care Foundation has created a wonderful tool, but it is essential that the judiciary and child abduction practitioners around the world now use the Consent Form in international cases; only then will a body of case law develop in each jurisdiction that will enshrine the importance of the Form and lead to a significant decrease in international child abduction. I welcome the creation of the Special Commission and look forward to sharing our findings with the Hague Conference’s leadership.

Mexico’s Carlos Alvarado is a partner at the International Law Group and considered one of the most knowledgeable international family law attorneys in Mexico. Mr. Alvarado was responsible for codifying and translating the I CARE Foundation’s travel consent form into Spanish. Mr. Alvarado added,

The creation of the I CARE Foundation Special Commission is a very significant event for it further demonstrates the significant progress of the ‘International Travel Child Consent Form’. There is no question in my mind that when fully implemented, we will see a sizable decline in child abductions. On this note, society must remember that when a parent internationally abducts a child, this is not a child custody case, but a kidnapping. And as reported last month by the U.S. Department of Justice, children who are abducted by one parent face high degree threats of violence and possible murder. I look forward to sharing the findings of the Special Commission with the leadership of the international community.

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.

Q.  Has the I CARE Foundation’s International Travel Child Consent Form Work?

A.  The I CARE Foundation’s Travel Consent Form has been utilized in courtrooms around the world. To date and to the best of our knowledge, every child who has traveled under the form and who has properly executed all the instructions suggested on the form have all returned to their home country of origin.

Q.  Will the Hague Secretariat Seek To Implement An International Travel Consent Form in the future?

A.  It is our understanding that the creation of a formal Hague Travel Consent form is a high priority for review of the Secretary General.

Q.  Are there legal briefs and case law analysis available that support the I CARE Foundation’s ‘International Travel Child Consent Form’ and is there a fee for the legal brief?

A.  The I CARE Foundation has prepared an extensive legal analysis of the travel consent form. The analysis is free of charge.

Q.  Can the I CARE Foundation’s ‘International Travel Child Consent Form’ be used for travel to non-Hague signatory countries?

A.  The reality is that children taken to non-Hague signatory countries do not come home. This is a truth that still remains true today. We urge all courts and lawyers considering use of the I CARE Foundation’s ‘International Travel Child Consent Form’ to proceed with great caution when considering allowing travel for a child to a non-Hague country particularly when there are concerns that a child may be wrongfully detained.  If there are moderate concerns of abduction, we strongly advise against any type of travel regardless of the use of our travel consent form or not.

If you should have questions regarding the I CARE Foundation's International Travel Child Consent Form, please contact us at legal@theicarefoundation.org

Please visit the I CARE Foundation website to download a free copy of the International Travel Child Consent Form.

Kind regards to all,

Peter Thomas Senese

Peter Thomas Senese: I CARE Foundation's Travel Consent Form Preventing Widespread Global Child Abductions

Peter Thomas Senese, Executive Director of the I CARE Foundation's Fall 2013 Update

The I CARE Foundation's 

INTERNATIONAL TRAVEL CHILD CONSENT FORM

IS Quickly Becoming The Most Effective Global Tool Able To

Stop International Parental Child Abduction!

The I CARE Foundation Reports That 

100% Of All Children Around The World Who Had Their Parents Reportt Utilizing The I CARE Foundation's International Travel Child Consent Form This Summer 

Have All Returned Home!

IT IS ESTIMATED THAT BETWEEN 80% -90% OF ALL 

INTERNATIONAL PARENTAL CHILD ABDUCTIONS OCCUR

WHEN A PARENT WRONGFULLY DETAINS A CHILD ABROAD.

Mr. Christophe Bernosconi, the Secretary General of the Hague Conference on International Private Law: the international tribunal governing international child abduction under the Hague Convention on the Civil Aspects of International Child said the   following of the I CARE Foundation and our International Travel Child              Consent Form:

"I have had the possibility to look at the travel form and must say that I am impressed: this is the most comprehensive document of its kind that I have seen so far and there is little doubt in my mind that this is a most valuable and important effort to prevent child abduction. I applaud your efforts and wish to congratulate you and your team . . . It is really impressive to see how quickly your international travel child consent form has started to yield practical results and how well you monitor its operation - this really is remarkable." 

            

A Message From Peter Thomas Senese:

In my role as the Executive Director of the I CARE Foundation, I am pleased to share that 100% of all reported cases of children who traveled abroad this summer under  the International Travel Child Consent Form have returned to their country of original jurisdiction.  This is an increadible achievement since it is strongly estimated that between 80% and 90% of all international parental child abductions occur when a parent wrongfully detains a child abroad under the guise of a family vacation.

Recently the Colorado Bar Association published an extensive 30 page article championing the I CARE Foundation and our International Travel Consent Form. The in-depth analysis includes our extensive legal analysis on how abducting parents legally attempt to sanction cross-border kidnappings under an assortment of articles under the Hague Convention.

I invite you to read a piece that the Colorado Bar Association wrote about the I CARE Foundation and the International Travel Child Consent Form. 

Generally speaking, international parental child abudciton occurs during 2 primary seasons: the summer vacation period and Christmas. Depending on what geographic area around the world you are located in, international child abduction is always in  high-season.

Today, parents need to be aware that with the Christmas season months away, parents intending to abduct a child abroad will begin carrying-out their plans now. So please be careful (For a list of 'Warning Signs of International Parental Child Abduction' please visit the I CARE Foundation's website).

In the meantime, the I CARE Foundation and our remarkable colleagues around the world will continue our efforts associated with the Special Commission created to report to Secretary General Bernosconi on the utilization of the travel consent form in our effort to create such a form as a mechanical instruement for all children traveling abroad.

Finally, I would like to share that it is strongly expected that the number of reported cases U.S. international parental child abduction cases is expected to sharply fall, incredibly, for the 3rd year in a row after nearly 30 years of growth.  To provide some insight, the past decase (excluding 2011 and 2012) had reported sustained outbound abduction growth of approximately 20% + per year. In 2011, the same year the I CARE Foundation commenced our extensive activity, reported cases of abduction declined by 15%. In 2012, there was an additional decline of 16%.  We still have a long way to go before we close the books of 2013, especially since one of the 2 major abduction seasons is the Christmas Holiday; however, I am extremely optimistic - based upon the I CARE Foundation's own extensive abduction prevention case-load - that we will see another dramatic decline of abduction when the 2013 statistics are reported.

There is no question there is a lot ahead of us. In fact, just in the past 5 days, the I CARE Foundation stopped international abductions of American children to Russia, Japan, Phillipines, and India, while playing a key role in dozens of ongoing abduction prevention cases around the world.

To read more about the I CARE Foundation's International Travel Child Consent Form and to download a copy of the form, please visit The I CARE Foundation's website. 

Kindest regards to all,

Peter Thomas Senese
Executive Director
The I CARE Foundation

International Child Abduction Prevention: Warning Signs and the I CARE Foundation's Travel Consent Form

Attention: Parents Who Have A Child Traveling Abroad Should Consider Implementing The I CARE Foundation's International Travel Child Consent Form To Prevent Abduction

In the vast majority of international parental child abduction cases there are warning signs prior to an abduction attempt and parents need to be aware of these.  The act of international parental child abduction is a crime in most countries, including the United States and Canada - it is a highly abusive act toward a child by an narcissistic parent displaying sociopath behavior in order to cause a great deal of suffering and injury to the other parent.  In most cases the abducting parent has little or no concern for the child's care or well-being. Tragically it was recently reported by the United States government, children who are victims of parental abduction often face a high degree of severe violence and even murder at the hands of their parental child abductor. In fact, filicide – the act of parental child murder – is a large and highly disturbing issue that takes place in every country.

Anyone who has mistakingly thought that when one parent illegally removes or wrongfully retains a child in a foreign country without a court order or permission of the other parent that this act is not a severe and often dangerous act against a crime-victim child, but instead views this as a child custody act, is not aware of the severe emotional, spiritual, and possible physical abuse directed at the child by the abducting parent. It has accurately been said by a large number of leading child health experts that an abducted child becomes a prisoner of their parent-warden. Forced to obey their emotional jailer who happens to also control their every move and be their care-provider, these parentally abducted children are often brainwashed and taught to know and embrace hatred. Along the way, not only do they lose their identity, but they often lose sight of the true meaning and magic that exists in life.

The key to stopping international child abduction is to know and not dismiss these warning signs and clues that the child’s other parent may be planning abduction while also knowing exactly how to act in order to prevent the criminal act of parental child kidnapping once abduction becomes evident.

It is critically important for all parents who suspect their child’s other parent may be conspiring to abduct to realize abduction schemes are created and executed in secrecy. The parent planning abduction does not desire for their targeted parent to know they are planning a child kidnapping. In fact, concern amongst would-be parental child kidnappers that their abduction scheme may be exposed prior to being put into motion has increased ever since society has become more aware of the abusive and dangerous gravity and wide-spread infestation of child abduction around the world.

Organizations such as the I CARE Foundation, who are major combatants committed to fight against child kidnappers and act to defuse an abductor’s evil schemes by continued efforts to raise social awareness of the warning signs of parental child kidnapping while also advocating for new prevention laws, creating unique abduction prevention tools and resources, and successfully litigating child abduction prevention cases appear to be keenly aware of by those who abduct. These efforts are measurable.

For example, after nearly 30 years of increased reported cases of outbound international parental child abduction originating from the United States, including skyrocketing average growth of over 20% per year, the United States international parental child abduction rate declined by over 15% during fiscal year 2011 and then by 16% during fiscal year 2012. These declines, though not inclusive to the formal period when the I CARE Foundation commenced its worldwide stewardship of raising awareness of international parental child abduction, are not coincidental, especially when considering the large number of abduction prevention cases the foundation has been involved with. And no comments made regarding the decline of abduction of U.S. citizens should be made without acknowledging the incredible and heroic work of the United States Department of State’s Office of Children’s Issues and their Abduction Prevention Unit’s efforts to stop kidnapping: while the world’s child abduction rate continues to surge, reported cases of parental child abduction in America are on the decline.

Despite recent success, targeted parents of abduction appear to be more vulnerable than ever because individuals planning to abduct realize the difficulty they may have executing their abduction plans, especially if the child is in their home country of jurisdiction. So they take extra precautionary steps in order to conceal their true plans of abduction. Today, more than ever, parental child abductors need to act with chicanery and deception in order to execute their plans

Before I go any further, I want to point out that international parental child abduction connected to a child possessing a right of dual citizenship and dual passports remains an extraordinary concern. Additionally, removal of a child from any of the countries that are signatories to the Western Hemisphere Travel Initiative Policy (The United States, Canada, Mexico, and many Caribbean island-nations) remains a serious concern.

It is important to note two paradigms are occurring in the international parental child abduction world at the same time.

Paradigms One - Increases In Abduction Amongst Married Couples

The first is it appears more international parental child abductions are occurring between couples who are still married and who have not separated from their primary household as opposed to abduction post-separation or divorce. Apparently, one of the primary reasons why this is occurring is the increased an increased awareness amongst abductors of the heightened degree of difficulty to execute their kidnapping plans if the targeted parent is aware of their intent. Thus, living in a hostile environment with a targeted parent does not create an ideal environment for an abductor to have their target let their guard down.

As you may suspect, many individuals planning abduction remain in the relationship because they do not want the other parent to have any reason for concern. In fact, it is common for a scheming parent to mislead their target by falsely displaying a deep commitment toward their relationship: increased acts of false affection and sincerity are commonplace in many of today’s pre-abduction cases.

Which makes it more difficulty to detect an abduction scheme is being planned or well under way. After all, many parents in a relationship may have a vested interest to be open to any new rekindling of the relationship by their child’s other parent.

The sad reality, exemplified in many of the hundreds of child abduction cases I have been involved with, is the parent planning abduction often successfully misleads the other parent into thinking that they were in committed to the relationship until it is too late. Alarmingly, parents planning abduction are successful in having their targeted parent dismiss the risks of child kidnapping because few targeted parents are willing to grasp that their child’s other parent could act so cleverly, shrewdly, and fraudulently.

Perhaps the biggest mistake targeted parents make is that in nearly every international parental child abduction case, the targeted parent underestimated the intelligence, cunningness, and capability of the predator parent to execute their abduction plan.

Paradigms Two - Increases In Child Abduction Due To Wrongful Retention Abroad

The second paradigm that appears to be taking place is that we are seeing more international parental child abductions as defined by the Hague Convention on the Civil Aspects of International Child Abduction taking place when a child is wrongfully detained in a foreign country and not returned home. This path to abduction often occurs when either a court orders or a parent consents to allow the child’s other parent to travel with the child to a foreign country – which is often the country of origin for the would-be abductor.

In cases when an unsuspecting parent consents to allowing their child to travel abroad with the other parent, departure often occurs under the false guise of a vacation to see family members living in another country (often the scheming parent’s country of origin) or travel consent may be induced due to a false claim of a medical emergency.

Summer school vacation represents the time of year when the majority of children targeted for international parental child abduction are kidnapped. The majority of these children initially travel to another country with one or both parents under consent. Often, the scheming parent actually invites the targeted parent to travel with them under the idea of a family trip in order to be able to get the child out of their home country of origin without raising a red flag to the other parent.

Once a child is on foreign soil, the scheming abducting parent often unleashes an evil and cruel scheme against the targeted parent that often included intent to have their target arrested and removed from their and the child’s life by making false claims of abuse and violence directed at them, the child, or both.

Often local law enforcement in the abductor’s country of origin will arrest the targeted parent. This will be followed by a restraining order against both child and the parent who made the complaint. And as the once unsuspecting targeted parent is sitting in a jail cell waiting for bail or a court hearing, the scheming abductor is meeting with and making additional false claims to child protective services in the country they have abducted to. Often these claims are fraudulently affirmed by family members and friends of the abductor.

Once the false claims of abuse are filed, the abducting parent – now wrongfully claiming they are liberating parents freeing themselves from abuse – will file for no contact and divorce against the child’s other parent. And since there are pending charges for various forms of abuse, at least temporarily, the targeted parent will have no access to their child pending court proceedings (civil proceedings related to access to their child, and, possibly criminal proceedings connected to the false claims of abuse).

Wrongful retention of a child is a serious issue. In order to combat this cruel form of abduction, I CARE Foundation has created the Hague Convention-oriented International Travel Child Consent Form.

So much for a family holiday.

Warning Signs of International Parental Child Abduction

There are no fool-proof warning signs that your spouse or ex-spouse is thinking of taking your child across international borders, with or without your permission and knowledge. However, there are in fact many signs and signals that can provide you with insight that your spouse or former spouse is intending to abduct with your child.

Trust your instincts and do not bury your head in the ground and think abduction will not happen to you. It is a mistake tens of thousands of parents once made.

If you believe international parental child abduction is in process, immediately contact local and national law enforcement, and, immediately contact the United States Department of State’s Office of Children’s Issues Abduction Prevention Unit.

If you have reason to believe that your spouse is contemplating the abduction of your child, you should immediately contact a qualified lawyer familiar with international parental child abduction to immediately discuss legal options available to you and your child. You should also immediately contact the United States Department of State’s Office of Children’s Issues Abduction Prevention Unit. In addition, you should contact the National Center for Missing and Exploited Children and open an abduction prevention case. You may also contact the I CARE Foundation to obtain additional information on abduction prevention and to receive an attorney referral of a qualified lawyer familiar with abduction prevention litigation.

You may need to file an ex parte (an Emergency without notice filing) motion to the court of jurisdiction where the child lives, seeking court intervention prior to when the abduction or wrongful retention occurs. Under most laws, the judge will have to hear your application so long as you present enough strong and credible evidence that your spouse or ex-spouse is planning to illegally take your child across state or international borders or intending to travel abroad with consent but may have no intent of returning the child to their country of habitual residency.

The following are a list of international parental child abduction warning signs. Each abduction case is unique so please consult with a qualified attorney to understand risk factors specific to your circumstances.

• The most obvious warning sign is if the other parent communicates in any way that they have intent or a desire to remove the child of the relationship out of the country. In most instances, if the other parent threatens you with the idea that they are going to abduct your child, the fact is that in most cases, the abduction is already planned and may be in progress.
• The majority of international parental child abductions originate when a marriage or partnership created between two individuals from two different countries occurs. The reality is that failure amongst multinational partnerships is high. Often, when one of these relationships fails and there is a child involved, the parent living in a foreign country may want to return to their country of origin, and when they do, they nearly always want to bring the child of the failed relationship with them. It should be exceptionally noted, as stated earlier, that often parents planning abduction will act with trickery in order to have the targeted parent not have concern over abduction.
• The vast majority of international child abductions occur by a parent who is determined to cause hardship and harm to the other parent. The instrument that they use in order to cause this harm is the child or children of the marriage. A significant number of leading therapist from around the world have stated in numerous reports that revenge is the primary and leading reason why one parent will try to end the other parent’s relationship with their own child. Therefore, if you are involved with a person who has jealous or revengeful tendencies, you must be aware that these characteristics are common in the vast majority of would-be parental child abductors.
• If your spouse or former spouse has in the past used the child of your marriage or relationship to cause you harm, pain, and suffering, or, has tried to control and manipulate your actions, then your concern should be magnified ten-fold. If the same individual has family members in another country or has lived in another country and has expressed a desire or threat to move there with your child, your concern should be magnified one-hundred fold.
• If there is evidence of previous abductions, disappearances, or threats to abduct the child by your spouse or ex-spouse, these indicators demonstrate that any new abduction threat is real and in more likelihood already planned.
• If your spouse or ex-spouse has citizenship in another country and/or has strong emotional or cultural ties to their country of origin.
• A desire or intent by your spouse or ex-spouse to travel with the child to their own home country of origin with or without you. As stated earlier, it appears this is the most prevailing way a child is illegally abducted abroad. Often, the taking parent tricks their target into allowing travel, or is capable of fooling a court over their true intent. This is why the I CARE Foundation’s International Travel Child Consent Form must always be used during any type of international travel regarding a child.
• Unexplainable removal of cash deposits and diminished assets, or unexplainable increases in credit card or bank debt.
• Concealment of new credit cards or bank debt.
• Concealed, hidden, and abrupt communication with individuals or family members living in a foreign country.
• Concealed, hidden, and abrupt communication with a lawyer.
• Frequent previous trips with child to a foreign country without other parent.
• No strong ties to a child's home state including having no or limited assets, having no or limited job prospects, having no or few friends or family members, and having strong cultural difficulties with the child’s home country.
• Strong foreign support network.
• No financial reason to stay.
• Possible use of the child as a pawn in order to gain access to non-joint assets.
• Engaged in planning activities such as quitting job; selling home; terminating lease; closing bank accounts or liquidating assets; hiding or destroying documents; or securing a passport, a birth certificate, or school medical records.
• A history of marital instability, lack of cooperation with the other parent, domestic violence, or child abuse.
• An announcement of an unexpected trip to another country with the child.
• The taking of easily transportable high-valued items such as jewelry upon departing to another country.
• Adamant unwillingness to leave the child behind with you while spouse travels to a foreign country.
• Shipping of personal items to a foreign country, including those ordered from a vendor that are directly shipped abroad.
• A past tendency of your spouse or ex-spouse to relocate and live abroad.
• If your spouse or ex-spouse has ties to another country and makes a false police complaint against you concerning conduct against them or the child, you should be aware this may be the beginning steps of an Article 13 Defense under the Hague Convention. In essence by creating a history of complaints of abuse, the parent intending to abduct lays track to have a court in a foreign country remain abroad and sanction the act of international kidnapping – except it will be viewed as an act of liberation from abuse. Tragically, claims of abuse are commonplace. After all, a parental child kidnapper has defend against the act of child kidnapping, and citing abuse is a common tactic equally used by men and women abductors.
• If a parent living as an alien citizen of one country but has limited roots to that country and is intending to travel with the child abroad, the risks of an abduction are great. Additionally, if the parent who is planning to depart, say on a few week vacation, does not have the ability to purchase a return ticket back to the child's country of origin and/or does not have employment and/or does not have housing, then you can bet that upon departure for the so-called 'vacation', that parent is not returning. Remember, Intent and Sustainability issues are critical. If a person can't sustain themselves in the country that their child was born, and, they have no deep roots, why in the world would they want to stay?
• If an alien-parent has deep connections to another country, and has deep connections to that country's senior government officials, there is a clear risk. Recently, I have been advising on a situation where the potential abductor has immediate family members in charge of overseeing a fleet of aircraft owned by a Middle East family (or you could say government). Obviously, access to aircraft and departing under immunity of a foreign government are very concerning.
• If you are planning to allow the child’s other parent consent to travel abroad with your child or if a court is willing to grant travel – and the other parent is not willing to sign the I CARE Foundation’s Travel Consent Form which was designed to uphold jurisdiction of the child’s country of habitual residency while also creating evidence that could moot an abductor’s legal defense strategies, then this too is a serious warning sign that abduction is planned.

International parental child abduction is complex. There are many warning signs of abduction. The most important being that parents need to be mindful that international parental child abduction is a real threat.

On behalf of the I CARE Foundation, we hope this information may be helpful to you. Should you have any questions, please consult with a qualified attorney in the state of jurisdiction applicable to you and your child.

Kind regards to all,Peter Thomas Senese
Founding Director
The I CARE Foundation

Parents Who Kidnap Children Exhibit Sociopath Behavior. Some Kids Are Murdered

“Unfortunately, the threat of violence—and death—in these cases is all too real,” said Ashli-Jade Douglas, an FBI analyst in our Violent Crimes Against Children Intelligence Unit who specializes in child abduction matters.  "Most non-custodial parental abductors want retaliation. They feel that if they can’t have the child full time—or any amount of time—then the other parent shouldn’t have the child, either.”

As we put forth our efforts to protect innocent children from the brutal crimes that are associated with parental child abduction, this statement, from the Department of Justice's official website, regarding the threat of violence or death against children, should have society very concerned. The fact is - and the I CARE Foundation has been sharing this for some time: children of international parental child abduction are at risk of murder. Children are put in grave risk at the hands of their abducting parent.  Parental child abductors are willing to break the laws as well as the orders of a court - as well, they have no concern with perjury or contempt.  Parental child abductors kidnap children in order to cause the targeted parent hurt and suffering.

Simply put, the aggressive act of kidnapping - using a child to cause harm - is the reality of parental child abduction.

It is imperative that every social services program, every child welfare organization and every family protective service agency charged with investigating any claims of child abuse carefully analyze any allegations of abuse. Critically, these organizations must carefully scrutinize any claims made by a parent who was previously charged with child abduction, especially if a court determined that parent had committed a criminal act of child kidnapping, or in Hague cases during international parental child abduction that uses a civil procedure for the return of a child despite the federal act of kidnapping being committed, it is imperative that all social service personnel charged with investigating any claims of abuse or neglect made by a child abductor against their previous targeted parent be cautiously examined.  Critically, all social service agencies acting on a complaint against a child made by a parent child abductor must commence their investigation with the hard reality that the child was a victim of kidnapping along with other forms of serious abuse, and carefully review the sociopath tendencies of abductors.As published on the United States Department of State's website, "When non-custodial parents resort to kidnapping, they believe they are acting in the best interests of their children. Although a minority of parental kidnappers may actually save their children by taking them out of the reach of the other parent, the motives of most parents who steal their children are not at all altruistic. Parents find a myriad of reasons or self-justification for stealing a child from another parent Some abductors will find fault with the other parent for nonsensical transgressions; others will steal a child for revenge."

The State Department's report includes, "[A] profile [of] the parent who shows signs of flagrant paranoid beliefs or psychotic delusions. In this situation, the intervention must focus on the child and his or her safety and well-being . . . Unfortunately, the other parent and the child must be informed about a safety plan at all times."  Continuing, the Department of State's report specifically states, "[The] profile [of an international parental child abductor] is the sociopathic personality."

Again, nobody wants to think about a parent killing their child.

However, we must take into heavy consideration the statement by the United States Department of Justice's Office of Juvenile Justice and Delinquency Prevention (OJJDP)  concerning the sociopathic behavior of abductors. Grave concern was expressed, "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. Like paranoia, a diagnosis of severe sociopathy is rare (4 percent of the studies’ samples).

Filicide is not a term that I like to talk about, but the reality is, we need to talk about it more.  For those that are not aware, the term filicide refers to the deliberate act of a parent killing his or her own child.  In the United States, hundreds of children are murdered by their parents each and every year. Proportionately, filicide occurs everywhere. It is not a phenomenon isolated within American borders: parents do kill children. And we can't put our head in the sand and think this does not exist.

According to a recent statement released by the FBI, there is a trend that I find incredibly disturbing coming from non-custodial parents - and that is the rate in which they are abducting and threatening to harm their own children... all with the intent of retaliation against the parent who has been given legal custody.


Now, with a large number of American children being born to unwed parents, 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 - do we need to be concerned?  You bet we do!

In the FBI statement there were some recent cases of filicide that occurred at the hands of non-custodial parents:

• In 2009, a non-custodial mother abducted her 8-month-old son from his custodial father in Texas. She told the father she killed the boy to prevent the father from employing his custodial rights and in retaliation for his alleged involvement with other women.
• In 2011, a 2-year-old girl was abducted by her non-custodial father in California. A week later, both were found dead. The father committed suicide after shooting his daughter.
• In 2012, a non-custodial father in Utah abducted and killed his 7- and 5-year-old sons and then committed suicide. He was angry over not being afforded sole custody of the children.

Ashli-Jade Douglas offers up this advice to help keep children safe:  “Custodial parents should inform schools, after-care facilities, babysitters, and others who may at times be responsible for their children about what custody agreements are in place so that kids are not mistakenly released to non-custodial parents.”

The common misconception that parental abductions are considered a family matter has to end.

Parental child abduction is a serious crime. The act of abduction leads to ongoing forms of abuse toward a child. When a child is abducted they should immediately be considered to be in great danger!

Law enforcement agencies need to act quickly to ensure that these innocent children are not going to be harmed.  The sociopathic behaviors that a kidnapping parent exhibits has them believing in their own mind what they are doing is in the best interest of the child.  When we think again about the fact that many of these cases revolve around revenge or retaliation, you can see it’s not out of the question to have the ultimate revenge be at the expense of the innocent child… with the act of filicide.


This is all very disconcerting, but one thing is for certain:  raising awareness and stewarding the message about the warning signs of international parental child abduction is the key.  This awareness 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.

If I may ask you to please share the warning signs of international abduction – you may very well be getting this information out to a family that needs it… ultimately possibly saving the life of an innocent child.  It is that desire, that is so ingrained in me, that I continue my fight each and every day!

Together we can, and are, making a difference.

- The I CARE Foundation -