International Child Abduction Prevention Act of 2009 – HR 3240
With his support of David Goldman in David’s efforts to recover his parentally kidnapped child from Brazil, Representative Smith has done more for the International Family Abduction Community than any single politician in the last several decades. That’s not to take away from other politicians including President Obama, Secretary of State Clinton, Senator Lautenberg whom also supported the return of Sean Goldman to his natural or biological father. However, with the global media coverage the Goldman case received, it provides hope and new beginning for thousands of open International Family Abduction cases.
Earlier this year, Representative Chris Smith introduced H.R. 3240, the International Child Abduction Prevention Act of 2009. This bill is the first since the Parental Kidnapping Act of 1993. By opening the door for sanctions against countries that do not comply or ignore the Hague Convention, it will do more to protect the basic human rights of child and deter International Family Abduction and hopefully accelerate the return of Internationally kidnapped children. In addition, it should set a International or global legal precedence.
Below is a summary of the bill. Let’s hope that Congress will pass this bill as quickly as possible in the New Year.
Child Abduction Prevention Act of 2009 – H.R. 3204 Summary
H.R. 3240: International Child Abduction Prevention Act of 2009 111th Congress This is a bill in the U.S. Congress originating in the House of Representatives (“H.R.”). A bill must be passed by both the House and Senate and then be signed by the President before it becomes law. Bill numbers restart from 1 every two years. Each two-year cycle is called a session of Congress. This bill was created in the 111th Congress, in 2009-2010. The titles of bills are written by the bill’s sponsor and are a part of the legislation itself.
International Child Abduction Prevention Act of 2009 – Establishes within the Department of State an Office on International Child Abductions which shall be headed by the Ambassador at Large for International Child Abductions. States that Ambassador at Large shall be a principal adviser to the President and the Secretary of State regarding matters of international child abduction and refusals of rights of access. Authorizes the Ambassador at Large to represent the United States in such diplomatic matters and international forums. States that the primary responsibilities of the Ambassador at Large shall be to: (1) promote measures to prevent the international abduction of children from the United States; (2) advocate on behalf of abducted children whose habitual residence is the United States; (3) assist left-behind parents in the resolution of abduction or refusal of access cases; and (4) advance mechanisms to prevent and resolve cases of international child abduction. Directs the President to: (1) annually review the status of unresolved cases in each foreign country to determine whether the government has engaged in a pattern of noncooperation, and if so, designate such country as a Country With a Pattern of Noncooperation; (2) notify the appropriate congressional committees of such designation; and (3) take specified presidential or commensurate actions to bring about a cessation of noncooperation. Sets forth consultation, notification, and reporting requirements for the President and the Secretary. Prohibits judicial review of any presidential determination or agency action under this Act. Amends the Foreign Assistance Act of 1961 to prohibit development or security assistance from being provided to a country that has engaged in a pattern of noncooperation regarding unresolved cases of international child abduction or denial of rights of access, or has failed to undertake serious efforts to locate children abducted to such country. Amends the International Financial Institutions Act, in determining whether a country engages in a pattern of gross human right violations for purposes of assistance considerations, to consider whether such country has engaged in a pattern of noncooperation regarding unresolved cases of international child abduction or denial of rights of access, or has failed to undertake serious efforts to locate children abducted to such country. Amends the Trade Act of 1974 to consider for tariff preference purposes whether a country has engaged in a pattern of noncooperation regarding unresolved cases of international child abduction or denial of rights of access. Amends the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 to require, for issuance of a passport for a child under 14 years old living outside the United States, that the person executing the passport application provides documentary evidence that such person is a U.S. citizen, has joint custody over the child, and is executing such application outside the United States.
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This Family Abduction or Parental Kidnapping site monitors Family Abduction Searches, Hague Convention Cases, Recoveries, Trials and Sentencing. There should never be a reasonable legal excuse for a Domestic or International Parental Kidnapping.
We also monitor the activity of the Protective Parent or Underground Groups. It's your guide to what's going on with these notorious groups.
Some of these cases in the '80s & '90s started with Faye Yager's Children of the Underground Group. Over the years, the loose network of groups have evolved to the "Protective Parent Movement" and in more recent years to "Family Court Critics". During the last 25+ years, these groups have used their network of legal professionals, proclaimed child protectionists, domestic violence shelters and spoon-fed media to assist parental kidnappers. As these kidnappers play Family Court Judge, Jury and Executioner -- some parents are searching years for their children. They tearfully keep hope alive that someday they will find them.
This website is dedicated to the recovery of those children and the prosecution of the parental kidnappers and those that aided and abetted in this criminal act.
The Family Abduction Watch
Where Ms. Kufner sees smoke, however, there is not only no fire, but there is not even smoke. Here, the overwhelming absence of any evidence suggesting the children were subjected to sexual abuse ...
Protective Parents / Protective Mothers
Custodial-embattled parents, usually the mothers that refuse to accept the custody orders of the Family Law Court System. As the court system moves to co-parenting or joint custody, these proclaimed protective mothers are not able to comprehend why the courts would not award maternal custody in their case. They are willing to go to any extreme and use any all forums including fabricating allegations against their former spouse; use a loose network of physicians or child therapists to falsify a medical report; take their stories to the press or turn fugitive with their children with help of a modern-day "Underground Railroad" that may result in a prison sentence. In recent years, mothers have even abandoned all custody rights and even sent their older teenage children into hiding rather than abide by the court custody orders. After any allegations are fabricated, the mothers rarely follow through and provide supporting evidence for any related investigations.
In the past 30 years, a small number of activist groups, individuals and activist legal groups have been been trying to grow the so called "protective parent movement". With the expanded awareness of the plight of both domestic and international abductions and the emotional impact of the abduction on the kidnapped children - this movement is not highly regarded in the Family Law Legal Community. This cause is more of a protest against the Family Law Legal system of co-parenting or joint custody when they can recruit an activist and narcissistic mother that is willing to take her case to this extreme.
“Children who are victims of family abduction are uprooted from their homes and deprived of their other parent. Often they are told the other parent no longer loves them or is dead. Too often abducted children live a life of deception, sometimes under a false name, moving frequently and lacking the stability needed for healthy, emotional development.” - U.S. Department of Justice