Congressman Smith’s child abduction legislation passes through subcommittee

By Christopher Robbins, NJ.com

 

WASHINGTON – A journey of 1,000 miles begins with a single step – for federal legislation, that first step is usually passage through a congressional subcommittee.

Legislation on the parental abduction of American children overseas was passed by the U.S. House Subcommittee on Africa, Global Health, Global Human Rights and International Organizations, chaired by Rep. Chris Smith (R-4th).

“The damage to the child and the left behind parent is incalculable and too often life-long,” Smith said. “The children especially are at risk of serious emotional and psychological problems and may experience anxiety, eating problems, nightmares, mood swings, sleep disturbances, aggressive behavior, resentment, guilt and fearfulness. Parental child abduction is child abuse. These victims are American citizens who need the help of their government when normal legal processes are unavailable or fail. Too many families have been waiting too long.”

Smith introduced the legislation last week before hearing the testimony of ‘left-behind’ parents who remain in the U.S. while their children were abducted overseas. Several New Jersey families testified to the Subcommittee about their kidnapping ordeals and the heartbreak of being separated from their children.

The legislation, called the Sean and David Goldman International Child Abduction Prevention and Return Act of 2013, will next go to Foreign Affairs Committee.

The bill is named after David Goldman, of Tinton Falls, and his son Sean, who was abducted to Brazil by his estranged mother for five years only to be returned in [2009]. It would empower the president with new penalties to inflict on countries who refuse to return American children, and 18 new tools to try to secure their return.

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CLICK HERE TO VIEW FULL TEXT OF LEGISLATION

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On Thursday, May 9, David Goldman traveled to Washington, DC, to testify before the U.S. Congressional Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations. The topic of the hearing, the fourth at which Goldman has testified, was “Resolving International Parental Child Abductions to Non-Hague Convention Countries.” The press release below, from the office of Congressman Chris Smith of New Jersey, summarizes the day’s events.

PICTURED: David Goldman discusses open international parental child abduction cases with Ambassador Susan Jacobs, Special Advisor to the Secretary for Children’s Issues, and other Office of Children's Issues staff members.

For more updates and to view additional photos from the event, be sure to follow us on Facebook (http://www.facebook.com/BringSeanHome).

 
 

Press Release of U.S. Congressman Chris Smith

FOR IMMEDIATE RELEASE

Contact Jeff Sagnip 202-225-3765

 

The Heartbreak of Int’l Child Abductions of American Children

 

‘Left-Behind’ parents, State Dept. testify before Congress; Focus on lack of effective U.S. child abduction policy, need for new strategies to bring U.S. kids home

 

WASHINGTON, May 9

“The damage to the child and the left behind parent is incalculable and too often life-long,” said Smith. “The children especially are at risk of serious emotional and psychological problems and may experience anxiety, eating problems, nightmares, mood swings, sleep disturbances, aggressive behavior, resentment, guilt and fearfulness. These victims are American citizens who need the help of their government when normal legal processes are unavailable or fail.” Click here to read Chairman Smith’s full statement.

International parental child abduction occurs when one parent unlawfully moves a child from his or her country of residence, often for the purpose of denying the other parent access to the child.

Testifying before the subcommittee were Iraqi War veteran Marine Sgt. Mike Elias, David Goldman, who is one of the few Americans to retrieve their child after an international abduction to Brazil, and other “left behind” parents of American children abducted to India, Japan, Egypt and Brazil (just a few of the thousands of U.S. children held wrongfully overseas). Ambassador Susan Jacobs, Special Advisor for Children’s Issues, Bureau of Consular Affairs at the U.S. State Department also spoke at the hearing entitled “Resolving International Parental Child Abductions to Non-Hague Convention Countries” held before the Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations chaired by Smith.

“I cannot think of anything more important than the fate of our children,” an emotional Elias told the congressional panel. “What about all the American citizens who have been ripped from their homes in this country against their will. What about MY children? I don’t know how to pick up the pieces and move on. My ‘pieces’ are in Japan! A country that has knowingly aided and abetted the abduction of children from all over the world. A country that refused to prosecute my wife for crimes that are recognized worldwide as fundamental human rights violations.”

Also testifying were Patricia Apy, attorney specializing in international abduction cases, Paras, Apy & Reiss, P.C., and Colin Bower, of Boston, Mass., father of children abducted to Egypt. (Click here to read their and all the testimonies or watch a video of the hearing.)

“I must be reunited with my children and I need the help of our honorable Congress to do so,” said a determined Bindu Phillips, of Plainsboro, N.J., mother of two children abducted to India. “The stress under which I have labored the last 4 years has been almost unbearable at times, but I have continued on in the sole hope of being reunited with my children—from whom I never spent a day apart from prior to their father’s kidnapping of them in December of 2008 in India. I have put everything I have into my mission to be reunited with my children.”

In 1983, the United States ratified the Hague Convention on the Civil Aspects of International Child Abduction to try to address parental abductions via a civil framework that provided for the quick return of abducted children, and access rights to both parents. Under the convention a child is supposed to be returned within six weeks to their country for the courts there to determine custody, however most are not returned and most cases drag on for years. Even in countries where the Convention is said to be enforced, only about 40 percent of children are returned.

Ambassador Jacobs said Secretary John Kerry—who is closely familiar with the Bowen case—demonstrated his concern regarding international parental child abduction by extending my tenure as the Bureau of Consular Affairs’ Special Advisor for Children’s Issues to ensure high-level attention stays focused on this important topic.

“Secretary Kerry, one of the leading advocates for combating international parental child abduction during his time in the U.S. Senate, has now brought his passion and foreign affairs experience to bear as our Secretary,” Jacobs said, also promising to explore all avenues, including memorandums of understanding to have a established governmental framework to address abductions and bring U.S. children home.

Goldman told the subcommittee that what left behind parents often fail to realize is that it is not incompetence or ignorance that leads to the mishandling of abduction cases, but rather a failure to enforce policy. He cited lack of progress by the State Department in addressing child abductions.

“What is required at the State Department is a complete culture change,” Goldman said. “Nothing short of being extremely bold and principled is going to do much to change the status quo and the corresponding playbook for handling international child abduction cases. Left-behind parents, especially ones whose children have been abducted more recently, often make the mistake of thinking that the State Department is competently handling their cases and that countries routinely return children as expected.”

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Press Release of U.S. Congressman Chris Smith

http://chrissmith.house.gov/news/documentsingle.aspx?DocumentID=333310

 

CLICK HERE TO VIEW WITNESS TESTIMONIES AND ARCHIVE VIDEOS

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Sean & David Goldman Act, introduced by Rep. Chris Smith, passes House subcommittee

 

April 27, 2012
BY KRISTEN DALTON
Greater Media Newspapers
Staff Writer

There wasn’t a dry eye in the room after the 15-minute video chronicled David Goldman’s five-year struggle to get his son Sean back in his arms after a tumultuous and highly publicized international child-abduction case.

Goldman shared his story with about 50 people on March 29 at Chelsea Senior Living in Tinton Falls, the same place that displayed “Welcome Home Sean” on an outdoor sign when the then-9-year-old returned to his father on Dec. 24, 2009.

“[It’s an opportunity] to strike while the iron is hot, to keep the light shining on the issue, absolutely,” said Goldman, whose struggle to regain custody of his son ended when Brazil’s Supreme Federal Court ruled against Sean’s Brazilian relatives and ordered that he be reunited with his father.

“We realized there are many thousands of other children and families in similar, not exact — because every case is a little different — but similar situations as mine and Sean’s. It’s just incredible that it continues and it’s getting worse,” Goldman said.

During the struggle to regain custody of his son, Goldman and a few friends founded BringSeanHome.org, a website that helps the thousands of families that are dealing with international child abductions.

According to the U.S. State Department, more than 3,200 new international parental child-abduction cases, involving more than 4,700 children, were reported between October 2008 and December 2010.

“I know what it’s like and my family knows what it’s like. Not only does it crush the parent, not only was I emotionally, mentally, physically, financially devastated, my family was,” said Goldman, who spent upward of $700,000 and went on 16 last-minute trips to appear before Brazilian courts.

“We need to help them [families]. Their voices, as mine did for so long, seem to just be falling on deaf ears, and if we can be the one voice, if we can be that voice to help them, we will do whatever we can to help them.”

Just two days prior to Goldman’s speaking at the Chelsea, the House Congressional Human Rights Subcommittee unanimously passed bill H.R. 1940, which was named the Sean and David Goldman International Child Abduction, Prevention and Return Act.

The bill is designed to empower the U.S. State Department with more tools necessary to bring home children who have been abducted from the country, as well as to enforce the Hague Convention on the Civil Aspects of International ChildAbduction.

The convention establishes the legal framework between the United States and 68 partnering countries, including Brazil, for recovering children wrongfully removed from their habitual residence and detained in another country. “Too many families have been waiting too long for the return of their children. Our current system with its endless delays and lack of proper accountability has failed too many. It is time for an approach that backs our demands with penalties and makes very clear to foes and friends alike that our children are our top priority,” said Rep. Chris Smith (R- 4th District), chairman of the subcommittee, in a March 27 press release.

Smith, who was the lead advocate in Goldman’s fight to bring Sean home, said that the bill “will put teeth into the U.S. government efforts to reclaim abducted American children.”

Goldman applauded Smith’s efforts, calling them the first of many steps that need to be taken to properly address the growing issue of international parental child abduction.

“We cannot keep allowing these countries to hold our American children, violating all laws, moral law even, without holding them accountable. More often than not, if they see what’s coming down the pike, they’ll return the children if they know they’re not going to be issued the number of visas they want, or we’re not going to be funding joint scientific projects, or we’re not going to give them tons of aid,” he said.

The website BringSeanHome.org now serves as a go-to place that provides information, resources, and may soon provide financial assistance through a grant program, for families suffering a similar fate.

Mark DeAngelis, one of the five volunteer directors of the Bring Sean Home Foundation, said there’s a very tough job ahead for the organization, which raises awareness about international child abduction and aims to prevent future abductions.

“[A]s David knows, [parents’] heads are spinning, their worlds have been turned upside down, and yet they believe that there’s an advocate in their government to help them with these children. Sadly, it really could not be further from the truth,” DeAngelis told the crowd.

“You end up caught in this bureaucratic maze of the State Department where you realize there is no advocacy. The word advocacy does not exist; you are basically just a statistic on paper.”

According to DeAngelis, the typical procedure involves nothing more than the processing of the case, which ensures a day in court in the foreign country where the child has been taken.

“The sad part is the department within our government that is responsible for working with these cases and trying to bring these children home is completely ineffective. They’re nice people, they’re caring people, they want to help, they just don’t have the ability to do so, they don’t have the tools they need to do so, and that’s part of the reason we need this legislation” said DeAngelis.

“We have a lot of work ahead of us. This is not an easy issue to advocate for. Things happen very slowly down in Washington, and legislation takes years to make its way through.”

Because Sean’s and David’s names have been attached to the bill, Goldman hopes it will gain recognition among people who have heard of their case.

“Someone sees the title of that piece of legislation and they get it, and they know how painful it is and how long and how arduous the battle is and how wrong it is,” he said.

“The whole entire thing was just a searing, burning pain right through me that never would go away.”

Looking back, Goldman said not once did he ever think about giving up on his son, despite facing overwhelming and heartbreaking odds of getting him back.

“Knowing that everything was black and white, that he should be home according to any law, and to have to fight and miss so much of— I missed his birthdays, I missed his first tooth falling out, some of his first words and going to school on the school bus. I missed every day just waking up and fixing him breakfast,” he said.

But now his son is 11 years old, and Goldman was able to help him get ready for his first Little League baseball scrimmage that evening. Sean will be turning 12 on May 25, which coincidentally, is the day that was declared as National Missing Children’s Day by President Ronald Reagan in 1983.

For more information about the Bring Sean Home Foundation, visit www.BringSeanHome.org. The organization will be having a golf-outing fundraiser at the Pine Barrens Golf Club in Jackson on June 25.

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On Tuesday, March 27, David Goldman and a group of volunteers from the Bring Sean Home Foundation (BSHF) traveled to Washington DC for the day to lend support to a piece of legislation aimed at preventing international child abduction and providing for tough measures against countries which fail to meet their international human rights obligations to return abducted American children. The press release below from the office of Congressman Chris Smith of New Jersey summarizes the day’s events. There is now a meaningful and realistic chance that this bill becomes law one day. Thank you to everyone for all of your support along the way. We still have a ways to go, but the significance of yesterday’s accomplishment is worth celebrating.

BACK ROW: Matt DeAngelis (Director, BSHF), Mark DeAngelis (Executive Director, BSHF), Congressman Chris Smith, David Goldman (Co-Founder, BSHF) FRONT ROW: Missy Capestro (Director, BSHF), Bernie Aronson (Former Assistant Secretary of State, Western Hemisphere) — in Washington, District of Columbia.

You can also follow the Bring Sean Home Foundation on Facebook (http://www.facebook.com/BringSeanHome) and view photos from the event.

Bill to Help Bring U.S. Kids Home Approved by Panel
http://chrissmith.house.gov/News/DocumentSingle.aspx?DocumentID=287389

WASHINGTON, March 27 – With David Goldman and other left behind parents from around the country at a congressional mark-up Tuesday, a bill designed to empower the U.S. State Department with more tools to achieve the return of children abducted from the U.S. and to enforce the Hague Convention on the Civil Aspects of International Child Abduction was approved by Members of the House panel that oversees human rights.

Congressman Chris Smith (NJ-04), chairman of the House congressional human rights subcommittee, saw his bill, H.R. 1940, now named the “Sean and David Goldman International Child Abduction, Prevention and Return Act” lauded by the panel members as a way to help bring thousands of American children who are victims of international parental child abduction, back home. According to the U.S. State Department, over 3,200 new international parental child abduction cases involving over 4,700 children were reported from October 2008 to December 2010.

“Parental child abduction is child abuse,” Smith said. “Too many families have been waiting too long for the return of their children. Our current system with its endless delays and lack of proper accountability has failed too many. It is time for an approach that backs our demands with penalties and makes very clear to foes and friends alike that our children are our top priority.” Click here to read Chairman Smith’s opening remarks, which spell out 17 presidential actions the bill provides to help recover U.S. children.

Smith said the bill, approved by unanimous consent, “will put teeth into U.S. government efforts to reclaim abducted American children by giving the President important tools that motivate other countries to more quickly respond to efforts to return an abducted child.”

At the mark-up were left behind parents and family members, including Goldman of Monmouth County, N.J., father of Sean Goldman who was abducted to Brazil. Goldman was engaged in a widely-publicized, grueling, five-year battle to see his son again and bring him home on Dec. 24, 2009. Unfortunately many ‘left-behind’ parents, unlike Goldman, have never seen their children again after the abduction.

Left behind parents Chris Savoie, Paul Toland and Douglas Berg all offered their personal painful experiences at the proceeding, as did a left-behind grandparent of two New Jersey abducted children, Nancy Elias. All spoke with reporters prior to the mark-up. Seated next to Goldman and the other left behind parents at the hearing was NBC Dateline journalist Meredith Vieira, who helped bring critical attention to Goldman’s case.

“H.R. 1940 as amended is also for the left behind parents and bereaved children who have been taken to countries that are not party to the Hague Abduction Convention,” Smith said. “Parents like Michael Elias, a combat-injured Iraqi veteran from New Jersey, whose ex-wife used her Japanese consulate connections to abduct little Jade and Michael Jr., after the New Jersey court had ordered surrender of passports and joint custody.

Smith said H.R. 1940 directs the President to take measured, effective, and predictable actions to aggressively advocate for our children’s return. Such actions range from denial of certain assistance to prohibiting the procurement of certain goods or services from the government or instrumentality responsible for the pattern of noncooperation.

“I hope that it will not be necessary to use the penalties provided in this bill,” Smith said. “In the best case scenario, just the possibility of adverse consequences will motivate the resolution of current open cases of international child abduction, and prevent additional cases from happening in the first place. If parents have no place to hide, they are less likely to run with the children.

All of the subcommittee Members attended the mark-up and all supported Smith’s legislation. Speaking in strong favor of passage were Ranking Democrat Rep. Karen Bass (CA-33), Vice Chairman Jeff Fortenberry (NE-01), Tom Marino (PA-10), Ann Marie Buerkle (NY-25) and Robert Turner (NY-09).

“We must act quickly and decisively to raise international awareness of the gravity of parental child abduction and galvanize the will of the international community to stop it,” Smith said. “This Subcommittee’s approval of this bill is a first step to achieving these goals.”

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PORTWASHINGTONPATCH.COM by ADINA GENN

David Goldman, the New Jersey father who spent five-and-a-half years fighting to reunite with his son Sean, spoke to nearly 200 mental health professionals at the Port Washington Yacht Club on Friday, Nov. 4, and Saturday, Nov. 5.

At age four, young Sean was taken to Brazil by his mother Bruna, who later informed David Goldman that both she and the boy were staying in Brazil, her country of origin.

David Goldman had the support of the Hague Convention, whose multilateral treaty strives to “protect children from abduction and retention across international boundaries by providing a procedure to bring about their prompt return.” Still in his struggle, he fought the Brazilian courts, even after Burna died tragically in childbirth, as Sean’s stepfather and grandparents aimed to keep the boy there.

Ultimately, with the backing of high-level government officials from Rep. Christopher Smith to Secretary of State Hillary Clinton and President Barack Obama, in 2009, David Goldman brought his son back to New Jersey, where they have lived together ever since.

Other parents, he told the audience, are not so fortunate.

“The complications – mentally, emotionally, physically and financially are very, very taxing,” David Goldman said. “Many just have to give up. They finish their days with a big piece of their soul missing, not knowing if they will ever see their child.”

Goldman is working to help return internationally abducted children though the Bring Sean Home Foundation.

Goldman, the author of “A Father’s Love, One Man’s Unrelenting Battle to Bring His Abducted Son Home” (Viking, 2011), was in Port Washington as the guest of the Great Neck law firm, Wisselman, Harounian & Associates. The firm has put together legal workshops for mental health professionals since 2003.

David Goldman

Mark DeAngelis – Bring Sean Home Foundation

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David GoldmanMaria Shriver, interviewed David recently here is one question and answer:

What is your vision for the foundation? What do you hope it accomplishes in the long run?

We want to educate the public on the issue of international child abduction and work with elected officials to push for reforms which we hope will lead to meaningful change in the way our government works to ensure the safe and prompt return of abducted children. Right now parents whose children are abducted fight against overwhelming odds to even see their children in many cases, let alone bring them back to their home countries, and this needs to change. We expect to be a leading voice on this issue and to provide support to parents who need help. BSHF raises public awareness of individual cases and provides a support network to guide parents through this difficult time in their lives.

In the last three years alone there have been almost 5,000 American children abducted to foreign countries and the numbers continue to increase at an alarming rate. The BSHF is working hard to make a difference by preventing future abductions and pushing for legislation that will reunite families by bringing more abducted children home to their parents.

Go to http://mariashriver.com/blog/2011/06/fathers-love-interview-david-goldman to read the entire interview.

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The U.S. Fails Children Abducted From America
To get a child back

By Bernard Aronson

The Washington Post
Friday, February 19, 2010

For the millions who followed the story of David Goldman’s 5 1/2 -year struggle to retrieve his abducted son, Sean, from Brazil, their Christmas Eve return to the United States was a holiday “miracle.” In fact, extraordinary pressures were required to make Sean Goldman the first — and to date, only — unlawfully abducted American child returned to the United States by Brazil. Measures included unanimous resolutions in the House and Senate, a senatorial hold on the re-authorization of trade privileges for developing nations, hearings by the Congressional Human Rights Caucus, two trips to Brazil by a New Jersey congressman, and multiple personal interventions by President Obama and Secretary of State Hillary Clinton.

The administration and Congress deserve credit for these efforts. But if that is what it takes to secure the lawful return of one abducted American child, the United States has a serious enforcement problem.

About 2,800 American children have been abducted to other nations. More cases are reported every year as bi-national marriages become more common in an era of globalization. Few left-behind families can hope to muster the kind of broad-based campaign that eventually persuaded the president of the Brazilian Supreme Tribunal to order Sean Goldman’s return to the United States. Nor should they be expected to.

This issue was supposed to have been resolved by the Hague Convention on the Civil Aspects of International Child Abductions, which came into force in 1983 and now has 80 signatories, including Brazil and the United States. Under its terms, a child abducted across international borders by a parent or relative must be returned within six weeks to his or her country of habitual residence, where custody issues can be adjudicated lawfully. It is the international equivalent of the interstate compacts that prevent an unhappy father or mother residing in Maryland from taking his or her children to Nevada and contesting for custody there.

But signatories repeatedly refuse to return abducted American children as required by the treaty, and they suffer no consequences. Other nations, including close allies such as Japan, which harbors 99 abducted American children, have refused even to sign the treaty, let alone cooperate in its implementation.

This is not a new problem. In October 1998, Jesse Helms, then chairman of the Senate Foreign Relations Committee, decried “the failure by the United States to initiate vigorously diplomatic and law enforcement tools seeking the return of these children.” Then-Sen. Joe Biden said at the same hearing: “The act of taking a child in violation of a custodial order . . . across international borders is a heinous crime.”

Today, what left-behind parents need are not more declarations of concern but concerted action by Congress and the executive branch to bring their children home. Hopefully, the secretary of state, who raised David Goldman’s case in her first meeting with Brazil’s foreign minister and whose professional career began as an advocate for children, will override any bureaucratic resistance within the State Department and support much-needed reforms.

First, left-behind families need a high-level advocate in the State Department — appointed by the president, confirmed by the Senate and reporting directly to the secretary — who will ensure that the issue of abducted children is central to U.S. diplomatic deliberations. Today, this issue barely registers, if it appears at all, in most bilateral discussions. An ambassadorial-rank official should be required to report regularly to Congress about every newly abducted child and the status of pending cases in all members’ districts and states.

Second, Congress should empower the secretary of state to impose a range of diplomatic, economic and trade sanctions on countries that flagrantly and repeatedly refuse to return children abducted from the United States. The sanctions must have teeth and the department must be willing to employ them. If the threat of sanctions were credible, in fact, it is unlikely that they would have to be employed.

Third, in its annual budget requests for foreign assistance, including military aid, the State Department should be required to report to Congress whether each proposed recipient is cooperating in returning abducted American children.

Finally, Congress should expand programs by the international divisions of the American Bar Association to educate judges and lawyers in other nations about the Hague Convention requirements.

The Goldmans and other left-behind families will never regain the years that have been stolen from them. But Congress and the administration have the power to apply real pressure to nations harboring abducted American children today and make it far less likely that other American families will have to endure such a nightmare in the future.

The writer served as assistant secretary of state for inter-American affairs from 1989 to 1993. He was an unpaid adviser to David Goldman.

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The United States House of Representatives voted on March 11, 2009 to approve House Resolution 125 calling on Brazil to fulfill its treaty obligations under the Hague Convention and immediately return Sean Goldman to his father in the United States. The vote was Unanimous!

Please check see, http://bringseanhome.org/hr125.html for additional information; links to Congressman Smith’s comments in the House in both text and video.

A Câmara dos Representantes dos Estados Unidos votou em 11 de março de 2009 a aprovação da Resolução 125 que exige a devolução imediata de Sean Goldman para o seu pai nos Estados Unidos, cumprindo assim suas obrigações com a Convenção de Haia. A votação foi unânime!

Favor verificar nosso site, http://bringseanhome.org para obter maiores informações, e os links para o texto e vídeo sobre os comentários feitos pelo Deputado Smith na Câmara.

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