The Ongoing Tragedy of International Parental Child AbductionThursday, January 11, 2018
Each year, between 600 and 800 American children are taken from the United States by one parent without the consent of the other. The parent left behind can only wonder if the children are safe, warm, well-fed, and loved, and what – if anything – their precious children are being told about them. Many children are intentionally misled by the taking parent to hate and distrust the left-behind parent. Abducted children also suffer tremendously from the abduction and the subsequent loss of contact with the left-behind parent. Research shows that abducted children who are recovered often experience a range of serious short- and long-term emotional and psychological problems, including anxiety, eating disorders, nightmares, mood swings, sleep disturbances, aggressive behavior, resentment, guilt, and fearfulness. In 1988, the United States became a party to the Hague Convention on the Civil Aspects of International Child Abduction, which seeks to deter parents from putting their children through the trauma of an international abduction by—absent a grave threat to a child’s well-being—returning abducted children back to their home country and home courts to determine the best interests of the child. The Convention affirms that if a custody decision has already been made, it should not be re-litigated thousands of miles away in a foreign court. If a custody decision needs to be made, the courts in the home country are the courts with the best access to school records, police reports, neighbors, teachers, friends, and many other resources to help determine the child’s best interest. The Convention also protects an abducted child’s relationship with the left-behind parent, requiring that a child should have access to the parent for the duration of court proceedings for return, and should have access to the parent even if the return is denied. Seven of eleven Partners for Cooperation, including Japan, are party to the Hague Convention, as are fifty-one of fifty-seven participating States, including Slovakia. However, as the Cook and Frisancho families know all too well, securing implementation of the Convention can be a financially and emotionally draining nightmare. Japan James Cook learned just weeks ago that Japan has again failed to return his four children to him. He has been kept from contact with them for more than three years in a family vacation-turned-abduction case. More than two years ago, Japan’s high court ordered Cook’s ex-wife to return the children to their father in the U.S., per the Hague Convention. However, despite the court ruling, Japanese authorities failed to enforce the return decision for a year. As a result, Mr. Cook spent thousands of dollars on legal fees and travel to Japan to fight for his children. When the financial burden forced Mr. Cook to move to an apartment, Japanese courts revoked the return because they did not consider an apartment a “stable home”—a conclusion that would surprise the millions of families in Japan and the U.S. who live happily in apartments. That conclusion also would surprise the writers of the Convention, who provided as an exception to return “grave threats that would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation”—situations that would include war, famine, a disease epidemic, or very serious abuse or neglect of the child from which the home country could not protect the child. “Japan’s own Hague courts twice ordered return of my children, but Japan ignored the orders until they could find a way to revoke them,” said Mr. Cook. “I followed the rules, respected the process, and trusted in the Convention—but Japan remains the ‘black hole’ of child abduction.” Slovakia Dr. Augusto Frisancho knows all too well the heartache of winning in court, only to have enforcement of a judgment delayed until it is eventually reversed. Dr. Frisancho, a medical doctor at the Johns Hopkins University, has not seen or even been allowed to speak to his three sons after their mother abducted them to Slovakia seven years ago. Like Mr. Cook, Dr. Frisancho opted to use the Hague Convention rather than seek the criminal prosecution of his estranged spouse in the United States or Slovakia for kidnapping. The Slovak courts ordered that his children be returned to the United States to resolve any custody questions. Although the court order returning custody to Dr. Frisancho was—according to standard procedural rules governing such legal actions—final, a year later the decision was reversed in a closed-door proceeding from which Dr. Frisancho was excluded. Dr. Frisancho took his case to the European Court of Human Rights, which found unanimously that his rights had been violated by Slovakia. Slovakia paid the court-imposed damage award and changed its laws on closed proceedings and appeals in abduction cases. However, seven years after the abduction, Dr. Frisancho still has no access to his children, much less custody. He has not even been given a photo of his children and relies on age-enhanced images from the National Center of Missing and Exploited Children to see a glimpse of what his children may look like today. When Slovakia ordered Dr. Frisancho’s estranged wife to bring the children to court to verify their well-being with a psychologist, she refused. When Slovakia ordered her not to remove the children from Slovakia, she moved the children across the border into Hungary. Although the children regularly visit their grandparents in Slovakia and Dr. Frisancho’s estranged wife works in Slovakia, Slovakia has not enforced the court orders or ruled on Dr. Frisancho’s petition to finish the case. Were Slovakia to finish the case, Dr. Frisancho could enforce the ruling in Hungary using the Brussels II Regulation. As it is, Dr. Frisancho is facing the fact that he may have to translate thousands of pages of Slovakian court proceedings into Hungarian and restart his case in Hungary—losing more precious time with his children. “I want to see my children. I want my children to know they have a father who loves them dearly and who prays every night that somehow this wrong to them will be righted,” said Dr. Frisancho. “Despite every opportunity over 7 years, Slovakia has inexplicably failed to meet the two main goals of the Hague Convention—return and access.”
The Crime of International Parental Child AbductionFriday, October 27, 2017
Nearly 1,000 American children a year are victims of international parental child abduction. International parental child abduction occurs when one parent removes a child from the child’s country of habitual residence, or retains a child outside the country of habitual residence, in contravention of the other parent’s custody rights. The experience of the abduction and the subsequent loss of contact with the left-behind parent is very traumatic for the child as well as devastating for the left-behind parent. Between 2008 and 2016, nearly 11,000 American children were abducted, according to the U.S. Department of State. In order to quickly resolve abductions in civil court, minimize emotional damage to children, and ensure that the custody decisions of one country are respected in other countries, the international community adopted the Hague Convention on the Civil Aspects of International Child Abduction in 1983. Currently, 51 of 57 OSCE participating States and seven of 11 OSCE partner States are signatories of the Convention. However, governments of many signatory countries consistently fail to enforce return orders; some even revoking the return orders after their failure to enforce. Returns under the Convention are surprisingly infrequent and painfully slow—leading the United States to look at enforcement mechanisms, such as sanctions and criminal extradition. The briefing examined the measures that have been most effective in resolving international parental child abduction.
Helsinki Commission to Highlight International Parental Child Abduction at Upcoming BriefingMonday, October 23, 2017
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “THE CRIME OF INTERNATIONAL PARENTAL CHILD ABDUCTION” Friday, October 27, 2017 10:00AM Rayburn House Office Building Room 2103 Live Webcast: www.facebook.com/HelsinkiCommission Nearly 1,000 American children a year are victims of international parental child abduction. International parental child abduction occurs when one parent removes a child from the child’s country of habitual residence, or retains a child outside the country of habitual residence, in contravention of the other parent’s custody rights. The experience of the abduction and the subsequent loss of contact with the left-behind parent is very traumatic for the child as well as devastating for the left-behind parent. Between 2008 and 2016, nearly 11,000 American children were abducted, according to the U.S. Department of State. In order to quickly resolve abductions in civil court, minimize emotional damage to children, and ensure that the custody decisions of one country are respected in other countries, the international community adopted the Hague Convention on the Civil Aspects of International Child Abduction in 1983. Currently, 51 of 57 OSCE participating States and seven of 11 OSCE partner States are signatories of the Convention. However, governments of many signatory countries consistently fail to enforce return orders; some even revoking the return orders after their failure to enforce. Returns under the Convention are surprisingly infrequent and painfully slow—leading the United States to look at enforcement mechanisms, such as sanctions and criminal extradition. The briefing will examine the measures that have been most effective in resolving international parental child abduction, and include presentations from the following panelists: Leo Zagaris, Survivor of parental child abduction to Greece Alissa Zagaris, Advocate and former left-behind parent of child abducted to Greece Augusto Frisancho, M.D., Father of three children abducted to Slovakia Jeffery Morehouse, Father of child abducted to Japan and Executive Director of Bring Abducted Children Home (BAC Home) Noelle Hunter, Ph.D., President of the iStand Parent Network and former left-behind parent of daughter abducted to Mali
The Helsinki Process: A Four Decade OverviewWednesday, February 01, 2017
In August 1975, the heads of state or government of 35 countries – the Soviet Union and all of Europe except Albania, plus the United States and Canada – held a historic summit in Helsinki, Finland, where they signed the Final Act of the Conference on Security and Cooperation in Europe. This document is known as the Helsinki Final Act or the Helsinki Accords. The Conference, known as the CSCE, continued with follow-up meetings and is today institutionalized as the Organization for Security and Cooperation in Europe, or OSCE, based in Vienna, Austria. Learn more about the signature of the Helsinki Final Act; the role that the Conference on Security and Cooperation in Europe played during the Cold War; how the Helsinki Process successfully adapted to the post-Cold War environment of the 1990s; and how today's OSCE can and does contribute to regional security, now and in the future.
The OSCE 2011 Human Dimension Implementation MeetingMonday, December 26, 2011
By Erika B. Schlager, Counsel for International Law Overview From September 26 to October 7, 2011, the OSCE participating States met in Warsaw, Poland, for the annual Human Dimension Implementation Meeting (HDIM). The meeting was organized by the OSCE Office for Democratic Institutions and Human Rights, according to an agenda approved by consensus of all 56 participating States. The HDIM is Europe’s largest annual human rights gathering and provides a venue for participating States and non-governmental organizations (NGOs) to review the implementation of the full range of core human rights and fundamental freedoms (e.g., freedoms of speech, assembly and association; prevention of torture; right to a fair trial), as well as rule of law, free elections and democracy-building issues. National minorities, Roma, tolerance and non-discrimination are also on the agenda. In accordance with OSCE procedures, the agenda included three specially selected topics, each of which was given a full day of review. In 2011, those subjects were: 1) “Democratic elections and electoral observation,” 2) “Freedom of movement,” and 3) “Enhancing implementation of OSCE commitments regarding Roma and Sinti.” U.S. Delegation The U.S. Delegation was headed by Ambassador David Johnson. Other members of the delegation included Ambassador Ian Kelly, Head of the U.S. Mission to the OSCE; Ambassador Cynthia Efird, Senior State Department Advisor to the Helsinki Commission; Ambassador Suzan Johnson Cook, Ambassador-at-Large for International Religious Freedom; and Deputy Assistant Secretary of State for the Bureau of Democracy, Human Rights, and Labor Thomas Melia. Helsinki Commission staff participated in all aspects of the delegation’s work. Patrick Merloe, National Democratic Institute, Kathleen Newland, Migration Policy Institute, and Ethel Brooks, Rutgers University, served as Public Members of the delegation, addressing democratic elections, freedom of movement, and the situation of Romani people in the OSCE region respectively. Public Members have traditionally been included in U.S. delegations to OSCE human dimension meetings as a means of bringing special expertise to the U.S. delegations and to promote greater knowledge of the OSCE process in civil society. Highlights of This Year’s Meeting The severe crackdown in Belarus which followed elections last December was a focus of attention throughout the two-week meeting, both in formal sessions and special side events. During the final session, the United States delivered a statement focused on the use of the Moscow Mechanism regarding Belarus -- an OSCE tool used in exceptional circumstances to conduct fact-finding regarding extreme human rights concerns. The mechanism had been invoked in April by 14 participating States and a report was presented to the OSCE Permanent Council by the Mechanism Rapporteur, Professor Emmanuel Decaux, on May 28. NGOs also demonstrated throughout the meeting on behalf of Belarusian political prisoner Alex Bielatskiy. The United States also raised issues which remain unresolved following the 2003 invocation of the Moscow Mechanism regarding Turkmenistan. In particular, Ambassador Johnson drew attention to the continued disappearance of Ambassador Batyr Berdiev, the former representative of Turkmenistan to the OSCE. Although Turkmenistan officials did not to participate in the HDIM, human rights groups concerned with Turkmenistan were present and members of the opposition-in-exile made a statement expressing their willingness to return to Turkmenistan and participate in the February 2012 presidential elections. They also called for the OSCE to conduct a full election observation mission for those elections. In its opening statement, the United States observed that Kazakhstan had failed to fully implement the commitments on domestic reform it had made in 2007 in Madrid upon receiving the Chairmanship for 2010, that leading human rights activist Yevgeniy Zhovtis remained in prison as a result of a trial that lacked due process, that Kazakhstan had adopted measures in a one-party parliament giving the current president continued power and immunity from prosecution for life and had held a poorly-conducted snap presidential election following an attempt to push through a referendum to obviate future elections for the incumbent. Although Kazakhstan protested the U. S. characterization of 2010 as “a year of missed opportunities for reform,” Kazakhstan’s adoption of a new restrictive religion law during the course of the human dimension meeting illustrated the very point the United States was making. In fact, of the topics restricted to three-hour sessions, the subject of religious liberties was the most oversubscribed, with Kazakhstan’s new religion law generating particular criticism. As at previous meetings, the allocation of time during the meeting was highly problematic, with speaking time at some of the sessions limited to only one or two minutes to accommodate dozens desiring the floor, while other sessions ended early with time unused. Other real-time developments during the HDIM also found their way into discussions. Following the outbreak of fighting on September 27 at a Kosovo border crossing with Serbia, Serbian representatives at the meeting engaged in a sharply worded exchange with Albanian officials. (Serbia's engagement at the meeting was of particular note in light of Belgrade's bid to serve as OSCE Chair-in-Office in 2014.) The outbreak of anti-Roma rioting in every major Bulgarian town or city during the HDIM underscored the urgency of addressing the chronic human rights problems affecting Roma as well as the acute and escalating crises. Many participants also raised concern regarding continuing human rights abuses against ethnic Uzbeks in southern Kyrgyzstan in the wake of widespread violence last year and in advance of Kyrgyzstani elections in October. During the formal sessions, NGOs demonstrated on behalf of Kyrgyzstani political prisoner Azhimzhon Askarov. The United States engaged fully in all aspects of the meeting, holding bilateral meetings with other OSCE participating States and extensive consultations with NGOs. The United States also organized two side events. The first focused on on the Hague Convention on the Civil Aspects of International Child Abduction. Professor Louise Teitz from the Hague Permanent Bureau (an intergovernmental organization that administers this and other Hague Conventions), and Corrin Ferber from the Department of State, made presentations, with additional comments provided by Consul General Linda Hoover, U.S. Embassy Warsaw. The second event focused on fundamental freedoms in the digital age. DAS Thomas Melia moderated the discussion, which included comments by the OSCE Representative on Freedom of the Media, Dunja Mijatovic; Agata Waclik-Wejman, policy counsel for Google; and Nataliya Radzina, a Belarusian journalist who faces a lengthy prison sentence in Belarus. Conclusions The Human Dimension Implementation Meeting served as an important forum for the United States to raise issues of concern, both formally and informally, and to hold extensive consultations with governments, OSCE officials, and representatives of civil society. That said, this year's HDIM was somewhat diminished relative to past meetings. First, member states of the European Union appeared divided or preoccupied (or both). As a consequence, on a number of subjects – for example, the session that included migrant workers, refugees, and displaced persons -- there was neither a coordinated European Union statement nor statements by individual EU member states speaking in their national capacity. This voice was missed. Second, the level of participation on the part of governments as well as civil society was reduced. This may be in part due to economic factors. But it may also reflect other factors. Prior to the HDIM, for example, Belarus and Russia dragged out the adoption of an agenda until the last possible moment, making it especially hard for NGOs to plan their participation. In addition, OSCE has, in recent years, scheduled so many human dimension meetings throughout the year that it is difficult for government and non-governmental experts to cover them all. (In addition to the discussion of tolerance and non-discrimination at the HDIM, those issues have been or will be addressed at three different ad hoc meetings, as well as one of the Supplementary Human Dimension Implementation Meetings.) The Lithuanian Chairmanship also scheduled some meetings in Vienna during the HDIM, although the modalities call for all Vienna meetings to be suspended during the HDIM to facilitate participation by the representatives to the OSCE. Similarly, the OSCE Parliamentary Assembly fall meeting overlapped with the final sessions of the HDIM. In fact, the modalities for the OSCE's human dimension activities were a dominant theme during the HDIM's closing session -- presaging the opening of discussions in Vienna on that issue held immediately after the HDIM at the insistence of Belarus. While many governments, including the U.S., believe the way in which the OSCE organizes its human dimension activities could be improved, the discussions themselves risk being held hostage by those countries inimical to the OSCE's human rights work.
International Parental Child Abduction
With increasing mobility and international marriages, international parental child abductions have skyrocketed, including in the OSCE region. Parental child abduction occurs when one parent removes a child from the child’s home country or retains a child abroad in violation of the other parent’s custodial rights. Parental child abduction is considered by many experts to be a form of child abuse, and have been linked to life-long emotional and relational difficulties. Left behind parents also encounter tremendous emotional and financial difficulties as they are bereaved of their child and forced to participate in foreign lawsuits.
In order to deter child abductions, minimize disruption and emotional damage to children, and ensure that custody decisions of one country are respected in other countries, the international community developed the Hague Convention on the Civil Aspects of International Child Abduction. The Convention entered into force in 1983 and currently has 89 signatory states. States party to the Convention must quickly return a child to the jurisdiction of the child’s home country for further proceedings, unless an exception to return applies. The Convention also provides for rights of access, so that a child lawfully living abroad can still have access to and visit the other parent.
Currently, 50 of 57 OSCE participating States, and five of 11 partner States have acceded to the Hague Convention. Unfortunately, judges in many states party to the Convention reward the abductor and fail to limit their judicial role in Convention cases to determining jurisdiction, or exceptions to return. Less than 40 percent of American children abducted to states party to the Convention are returned to the United States.
A supplementary item calling for implementation of or accession to the Hague Convention was adopted by consensus at the Belgrade OSCE Parliamentary Assembly meeting in 2011.
Staff Contact: Allison Hollabaugh, counsel