U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention

December 2001

Issues in Resolving A Message From OJJDP Cases of International Child The criminal abduction of one’s child is painful enough to any parent, but Abduction by Parents that anguish is compounded when the missing child has been removed from the country by an abducting parent. Janet Chiancone, Linda Girdner, and Patricia Hoff The fact that many kidnapped chil- Many children who are abducted to other intensified their sense of alienation. Some dren who are taken to other coun- countries by parents are never returned are fleeing domestic violence, whereas tries are never returned to their to the United States. A parent who is left others are controlling and abusive families only intensifies the trauma behind when a child is abducted to anoth- themselves. suffered by parents who are victim- er country faces daunting obstacles to ized by such abductions and adds Many abducting parents go home after to their anxiety for the recovery and finding and recovering the child. At first, their marriages break up. For most return of their children. To understand the left-behind parent does not know who international abductors, home is in an- more clearly the challenges that can or will help. The parent’s emotional other country with a different legal sys- these cases present, OJJDP has and financial resources soon are stretched tem, social structure, culture, and lan- funded a study designed to identify to the limit. When years pass without the guage. These differences—plus physical barriers encountered by those seek- return of the child, the parent is left with distance—make locating, recovering, and ing to resolve cases of international unresolved grief. As one parent has stat- returning internationally abducted chil- child abduction by parents. ed, “It’s worse than if your child died, be- dren especially complex and problematic. cause you cannot say the child is at peace This Bulletin features key findings now. You live every day wondering if your from that research, which was con- child is OK, if she is being abused or ne- Background on ducted for OJJDP by the American glected. You never get over it.” Often, the Bar Association Center on Children and the Law. The Bulletin also pro- parents whose children are returned do International Parental vides an overview of international not want to let their children out of their Abduction parental abductions and describes sight. They live constantly looking over Parental abduction is defined as the “tak- the legal framework impacting such their shoulders—believing that it could ing, retention, or concealment of a child cases. happen again. or children by a parent, other family mem- ber, or their agent, in derogation of the It is our hope that the critical infor- Parents who abduct their children to other mation offered herein from a variety custody rights, including visitation rights, countries are not that different from par- of knowledgeable sources—public of another parent or family member” ents who abduct their children to other and private—will promote under- States.1 They often have young children. (Girdner, 1994a:1–11). Although abductors standing of the obstacles faced by They usually have support from family or may be other family members or their those seeking to reunite children other individuals for what they are doing. agents (e.g., a girlfriend, boyfriend, grand- unlawfully removed from this country They generally do not value the other par- parent, or even a private investigator), with their families and thus contribute ent’s relationship with the child. Some are in most cases the abductor is the child’s to overcoming these barriers to convinced that their actions are justified parent (Girdner, 1994a). recovery. because they believe they rescued their In 1988, a nationwide telephone house- child from the hands of an abusive parent. hold survey helped researchers estimate Many feel disenfranchised from American the number of family abductions (to both society, and separation and divorce have domestic and international destinations) (Finkelhor, Hotaling, and Sedlak, 1990). Hague Convention Countries and Effective Dates* This study, known as the National Inci- Argentina 6/1/91 Luxembourg 7/1/88 dence Study on Missing, Abducted, Run- Australia 7/1/88 Former Yugoslav away, and Thrownaway Children in Amer- Austria 10/1/88 Republic of Macedonia 12/1/91 ica (NISMART),2 categorized cases as Bahamas 1/1/94 Mauritius 10/1/93 follows: Belgium 5/1/99 Mexico 10/1/91 Belize 11/1/89 Monaco 6/1/93 ◆ “Broad scope” cases are those in which Bosnia-Herzegovina 12/1/91 Netherlands 9/1/90 a family member either took a child in Burkina Faso 11/1/92 New Zealand 10/1/91 violation of a custody agreement or Canada 7/1/88 Norway 4/1/89 decree or failed to return or release a Chile 7/1/94 Panama 6/1/94 child at the end of a legal or agreed- China: Poland 11/1/92 upon visit (in violation of a custody Hong Kong Admin. Region 9/1/97 Portugal 7/1/88 agreement or decree) and kept the Macau 3/1/99 Romania 6/1/93 child away at least overnight. In 1988, Colombia 6/1/96 St. Kitts/Nevis 6/1/95 an estimated 354,100 children were Croatia 12/1/91 Slovak Republic 2/1/2001 abducted under this definition. Cyprus 3/1/95 Slovenia 4/1/95 Czech Republic 3/1/98 ◆ “Policy focal” cases fit the broad scope South Africa 11/1/97 Denmark 7/1/91 Spain 7/1/88 definition but also have at least one of Ecuador 4/1/92 Sweden 6/1/89 the following characteristics: (1) the Finland 8/1/94 Switzerland 7/1/88 abductor attempted to conceal the France 7/1/88 Turkey 8/1/2000 taking or whereabouts of the child Germany 12/1/90 United Kingdom 7/1/88 and prevent contact between the Greece 6/1/93 Bermuda 3/1/99 other parent and the child, (2) the Honduras 6/1/94 Cayman Islands 8/1/98 child was transported out of State, or Hungary 7/1/88 Falkland Islands 6/1/98 (3) evidence existed that the abductor Iceland 12/1/96 Isle of Man 9/1/91 intended to keep the child indefinitely Ireland 10/1/91 Monserrat 3/1/99 or affect custodial privileges perma- Israel 12/1/91 Venezuela 1/1/97 nently. About 46 percent (163,200) of Italy 5/1/95 Zimbabwe 8/1/95 the broad scope cases in 1988 fell into this narrower definition (Finkelhor, Hotaling, and Sedlak, 1991). All inter- *Date each country’s treaty with the United States took effect. This list is current as of publication. The most up-to-date list is available on the Web at travel.state.gov/hague_list.html. national parental abductions are cate- gorized as policy focal.

International abduction destinations vary, Child Abduction Remedies Act (ICARA), United States currently does not. If a child often depending on whether a country is 42 U.S.C. §§ 11601–11610. is abducted to a country that is not a party easily reached by airline, whether a coun- to the Hague Convention or if the child try’s courts are unwilling to enforce for- A Hague Convention proceeding is a civil was abducted before the country became eign custody orders, and whether family proceeding brought in the party country a party, then the Hague Convention does support is available for foreign-born ab- to which the child was abducted or in not apply. In such instances, the left-behind ductors fleeing to their home country which the child is retained. If the Hague parent has very few options. The courts (Hegar, 1990). Previous research has found proceeding is commenced within 1 year in the other country do not have to honor that countries with the greatest volume of of the abduction or retention, the judge a custody order issued by a U.S. court. both incoming and outgoing applications must order the child returned, usually to Sometimes, the parent’s only option is to under a multilateral international treaty the country of habitual residence. Return pursue the custody case in the courts of (i.e., the Hague Convention, as discussed is discretionary if more than 1 year has the other country, where the laws, the court below) are the United States, the United passed and the child is settled in the new system, and often the language are unfamil- Kingdom, Canada, Germany, France, and environment. The abducting parent can iar. Pursuing cases in this way has worked Mexico (Agopian, 1987; Markey, 1993). raise defenses, but the defenses are pur- in some countries but not in others. posely limited. A Hague Convention case The Legal Framework is not about the “best interests of the When a child of a custodial parent in an- child” but rather is about returning the other country is abducted to the United Civil law. The Hague Convention on the child to the jurisdiction that should hear States, the parent has the option of asking Civil Aspects of International Child Abduc- the custody matter. A petition for the the court in the jurisdiction in which the tion (Hague Convention) is an internation- return of a child can be brought by a par- child is found to enforce the foreign cus- al treaty currently in force between the ent with a sole or joint custody order or tody decree. This remedy is provided United States and 50 other countries. The by a parent who does not yet have a cus- under section 23 of the Uniform Child treaty only applies between countries that tody order. Custody Jurisdiction Act, which creates are both parties to the Convention. The the duty of the court to recognize and implementing legislation in the United Although some countries have other inter- enforce foreign custody orders as long as States, enacted in 1988, is the International country agreements concerning abduction reasonable notice and opportunity to be in addition to the Hague Convention, the

2 the Hague Convention in participating Article 7 of the Hague Convention countries. Central Authorities shall co-operate with each other and promote co-operation amongst ◆ Documentation of “good practices” the competent authorities in their respective States to secure the prompt return of in dealing with international child children and to achieve the other objects of this Convention. In particular, either abduction, which were collected from directly or through any intermediary, they shall take all appropriate measures— leading agencies, organizations, and a. To discover the whereabouts of a child with a view to obtaining the return practitioners. who has been wrongfully removed or of the child and, in a proper case, to Little social science research has been retained. make arrangements for organizing conducted on international parental child b. To prevent further harm to the child or or securing the effective exercise of abduction. This study is one of the first prejudice to interested parties by tak- rights of access. attempts to learn extensively about expe- ing or causing to be taken provisional g. Where the circumstances so re- riences of left-behind parents, practices of measures. quire, to provide or facilitate the pro- Hague Convention Central Authorities, and c. To secure the voluntary return of the vision of legal aid and advice, in- strategies that can be used by attorneys, child or to bring about an amicable cluding the participation of legal judges, law enforcement personnel, and resolution of the issues. counsel and advisors. other professionals to assist in recovering abducted children quickly and safely. The d. To exchange, where desirable, infor- h. To provide such administrative ar- mation relating to the social back- rangements as may be necessary study was completed in 1998 (with data ground of the child. and appropriate to secure the safe collected during 1995–97). The findings return of the child. are not new, but they still have relevance e. To provide information of a general for practitioners and policymakers. character as to the law of their State i. To keep each other informed with in connection with the application of respect to the operation of this The full report on the study (Chiancone the Convention. Convention and, as far as possible, and Girdner, 1998)3 presents study findings to eliminate any obstacles to its and suggests effective ways to reduce bar- f. To initiate or facilitate the institution of application. judicial or administrative proceedings riers and resolve cases of international child abduction. It also includes detailed information on the project’s research The full text of the Convention is available on the Web at travel.state.gov/hague_childabduction.html or at hcch.net. design and methodology. This Bulletin provides an overview of major survey findings, selected good practices, and heard were given to all affected persons. a child to another country or the retention recommendations. Section 105 of the Uniform Child Custody of a child in another country a Federal Jurisdiction Act also requires recognition felony. The Act specifies that, where appli- Survey of Left-Behind and enforcement of foreign custody orders cable, the Hague Convention should take made under factual circumstances in sub- priority as a remedy for returning the child. Parents stantial conformity with the Act. The ABA Center on Children and the Law Barriers to extradition make these crimi- worked with three national missing chil- Criminal law. All States in the United nal remedies less effective than they may dren’s organizations—the National Cen- States have laws that make parental ab- seem. Some States do not wish to bear ter for Missing and Exploited Children duction, often called criminal custodial the costs of extradition. Often, parental (NCMEC), in Alexandria, VA; Child Find interference, a crime. These laws vary abduction is not an extraditable offense of America, Inc., in New Paltz, NY; and from State to State as to whether they in the country to which the child was Vanished Children’s Alliance, in San Jose, cover abductions that occur before a cus- abducted. In other cases, the country CA—to survey parents whose children tody order has been issued and abduc- may have a policy not to extradite its had been taken to or retained in another tions involving joint custodial parents. In own citizens. country by the other parent. The objec- some States, an abduction is a felony only tive of the survey was to document the if the child is taken across State lines. OJJDP-Funded Research problems these left-behind parents en- If a State felony warrant has been issued Under a grant from the Office of Juve- countered in attempting to recover their in a case of parental abduction and the ab- nile Justice and Delinquency Prevention children. With this objective in mind, the ductor has fled the State, then it is possible (OJJDP), researchers at the American Bar researchers designed the survey to ac- to obtain a warrant for unlawful flight to Association (ABA) Center on Children and complish the following: the Law carried out a study to identify avoid prosecution (UFAP) under the Federal ◆ Identify circumstances surrounding the barriers to resolving cases of internation- Fugitive Felon Act. Obtaining a UFAP war- abductions. rant is an important step toward possibly al parental child abduction. The project gaining greater law enforcement assistance included the following major components: ◆ Identify basic demographic and other with the case, such as involvement of the social/cultural characteristics of the ◆ A survey of parents in the United Federal Bureau of Investigation (FBI). families and abductors. States whose children were abducted ◆ In 1993, the U.S. Congress enacted the In- to or retained in other countries. Identify legal and administrative proce- dures that were available as preventive ternational Parental Kidnapping Crime Act ◆ A survey of Central Authorities, the measures. (18 U.S.C. § 1204), making the abduction of entities responsible for implementing

3 ◆ Understand left-behind parents’ percep- tions of how various governmental and nongovernmental agencies responded. ◆ Assess social and financial costs to left- behind parents. ◆ Increase knowledge about the role of missing children’s organizations and other entities with regard to interna- tional abductions. The survey drew responses from 97 par- ents (a 63-percent response rate), who described their experiences and offered insight into the obstacles they faced when trying to locate and recover their chil- dren. The following sections summarize and discuss major survey findings.

Destinations Abductions occurred to locations through- full-time, and nearly twice as many abduc- Abducted children tended to be young. out the world. Surveyed parents listed 46 tors were unemployed. The youngest was about 5 months old, the countries as abduction destinations. Latin oldest was 121⁄2 years old. The mean age Mothers and fathers were equally likely to American countries were the destinations of abducted children was 5 years. These be abductors, although their patterns of of nearly one-third of reported abductions; findings are similar to those of other stud- destination differed. Mothers were more European countries of about one-fifth. ies (Finkelhor, Hotaling, and Sedlak, 1990; likely to take their children to Latin Ameri- About one-fourth of abductions were to Forehand et al., 1989; Agopian, 1981). Per- ca, and fathers were more likely to take Muslim countries. One-third of abductions haps abductors perceive that younger their children to the Middle East. Europe were to countries that were parties to the children will be more controllable and was a common destination of both moth- Hague Convention. offer less resistance during the abduction. ers and fathers. These destination patterns However, taking a very young child (e.g., reflected patterns of intermarriage between Parents an infant) may present a separate set of men and women from the United States problems for the abductor in terms of Abductors and left-behind parents often and other countries. differed in terms of background, citizen- meeting the child’s physical needs (e.g., ship, and education. Most were of differ- Most left-behind parents reported that ab- changing diapers, bottle-feeding) and ent nationality (83 percent), ethnicity (69 ductors had connections to the country to attracting attention (e.g., from fellow percent), and religion (58 percent). Sixty- which the child was abducted, by speak- travelers, airport officials). two percent of abductors were citizens of ing the country’s language (83 percent), another country only, 23 percent held U.S. having family there (76 percent), living Recovery citizenship only, and about 15 percent there as a child (69 percent), and/or grow- About two-fifths of the surveyed parents held dual citizenship. One-half of abduc- ing up primarily there (68 percent). The (41 percent) reported that the abducted tors had a high school degree, its equiva- greatest number of abductors had family child had been recovered by the time of lency, or some college credits. Left-behind in the destination country and grew up the survey. In all, about 70 percent of parents generally had more education there, and more than one-half had close responding parents reported that the than abductors. friends living there. About one-third had child had been located, and 25 percent employment or business interests in the The survey also revealed economic differ- said they had always known the child’s destination country. It is likely that these location. ences between abductors and left-behind abducting parents perceived the abduc- parents. Economic status at the time of the tion as a return “home,” where they would Perhaps not surprisingly, recovery and abduction was generally better for left- receive positive emotional support and length of separation appear to be linked. behind parents than for abductors. Almost perhaps have greater economic and Separation was significantly shorter in three-fourths of abductors earned less employment opportunities. In addition, cases that resulted in recovery than in than $25,000 per year, approximately 35 they would have help in caring for the those that did not. In one-half of cases in percent earned less than $15,000, and abducted child. which the child was recovered, the sepa- 20 percent had no income. Left-behind ration lasted less than 1 year, whereas in parents, on the other hand, were distrib- Abducted Children nearly one-half of cases in which the child uted relatively evenly across the income was not recovered, the child had been The number of children taken in a single range, although most had incomes under gone for more than 5 years. In most cases incident of abduction ranged from one to $35,000. Nearly three times as many left- of recovered children (nearly 88 percent), three; in most cases (70 percent), only one behind parents as abductors had incomes the separation was at least 6 months. child was taken. Gender did not appear to of $55,000 or more. Far fewer abductors More than one-half of abducted children be a factor in the abduction, as nearly equal than left-behind parents were employed who were located by left-behind parents numbers of boys (61) and girls (65) were were gone at least 4 months before they abducted.

4 Effects of Abduction on Children: A Summary of Research Existing research on the trauma suf- children could not easily remember the and nightmares (Hatcher, Barton, and fered by children who have experienced left-behind parent, and this had serious Brooks, 1992). parental abduction clearly shows that a repercussions when they were reunited. long period of separation from the left- Older children felt angry and confused by Senior, Gladstone, and Nurcombe behind parent is particularly damaging. the behavior of both parents—the abduc- (1982) reported that recovered children Agopian’s study (1984) found that the tors for keeping them away and the left- often suffered from uncontrollable cry- length of separation from the left- behind parents for failing to rescue them. ing and mood swings, loss of bladder/ behind parent greatly influenced the bowel control, eating and sleep disturb- emotional impact of the abduction ex- Terr’s study (1983) reported on a sample ances, aggressive behavior, and fearful- perience on the abducted child. Gener- of 18 children who received psychiatric ness. Other reports have documented ally, children held for shorter periods evaluations after being recovered from abduction trauma such as difficulty (less than a few weeks) did not give up abduction (or after being threatened with trusting other people, withdrawal, poor the hope of being reunited with the abduction and/or experiencing an unsuc- peer relations, regression, thumb suck- other parent and consequently did not cessful abduction attempt). Nearly all (16) ing, and clinging behavior (Schetky and develop an intense loyalty to the ab- of the children suffered emotionally from Haller, 1983); distrust of authority fig- ducting parent. In some ways, they the experience. Their symptoms included ures and relatives and fear of personal were able to view the experience as a grief and rage toward the left-behind par- attachments (Agopian, 1984); and type of “adventure.” ent in addition to suffering caused by nightmares, anger and resentment, “mental indoctrination” perpetrated by the guilt, and relationship problems in Victims of long-term abductions, how- abducting parent. Similarly, a study of a adulthood (Noble and Palmer, 1984). ever, fared much worse. They were often sample of 104 parental abductions drawn deceived by the abducting parent and from National Center for Missing and It is likely that children who are victims moved frequently to avoid being located. Exploited Children cases revealed that, of international abduction may suffer This nomadic, unstable lifestyle made it as a result of the abduction, more than effects beyond those mentioned above. difficult for the children to make friends 50 percent of the recovered children This would especially be the case if and settle into school (if they attended experienced symptoms of emotional dis- they are required to adapt to different school at all). Over time, younger tress, including anxiety, eating problems, norms and values and even learn a dif- ferent language. were found. In general, separation was sig- directly (usually secretly) contacted the abduction or making it successful. One- nificantly shorter in abductions to Hague left-behind parent. fifth reported that the child was moved by Convention countries than in those to the abductor from country to country. non-Hague countries. The findings of this study differ from those of NISMART (Finkelhor, Hotaling, Some respondents were able to identify In cases that resulted in recovery, nearly and Sedlak, 1990) and other studies in ways in which the abductor planned for all respondents reported traveling to that far fewer children in this study were the abduction (see table 1). Most of this another country to pick up the child, recovered than were located. NISMART, planning activity indicates that abductions although most faced barriers to accom- which looked at a nationally representa- were premeditated rather than spur-of- plishing this task. In many cases, once the tive sample that included both domestic the-moment acts. Abductors prepared eco- child had been located and recovered by and international abductions, found that nomically by saving money, waiting for tax law enforcement or other officials, parents the average duration of abduction was refunds, liquidating assets, and quitting or who wished to travel to pick up the child about 11 days. About 70 percent of the changing jobs. They also prepared for had to do so immediately. Some parents NISMART abductions were resolved in 1 longer range needs (e.g., the child’s school- found it difficult to obtain an affordable week (Plass, Finkelhor, and Hotaling, ing) by gathering legal documents and plane ticket with little notice or to get a 1995). Forehand et al. (1989) found that papers such as birth certificates and passport issued quickly. In addition, some most of the children in the 17 cases they school records. One-third of the parents parents reported being fearful of making reviewed were gone between 3 and 7 who reported planning actions said the the trip, either because of difficulties in months. The duration of abductions de- abductor received visits from friends or traveling or communicating in the other scribed in other literature ranges from family members from another country country or because of concerns about several days (Schetky and Haller, 1983) prior to the abduction. One-third said the the safety of their other children who to 3 years (Terr, 1983). abductor made a preparatory visit to the remained in the United States. country to which the child was later ab- Abduction Plans and Threats ducted. Left-behind parents’ reports of Recovery of abducted children took many such visits, combined with their common Nearly one-half of the abductions reported different paths. Courts (in both Hague belief that abductors had help (mainly by left-behind parents occurred during a Convention countries and non-Hague from family or friends) in carrying out the court-ordered visitation between the countries) were involved in some cases, abduction, indicate that most abductors abducting parent and abducted child. law enforcement agencies in others. Mer- did not act alone. Nearly one-fourth of left- Eighty percent of parents said they be- cenaries were involved in a few cases. In behind parents reported that the abductor lieve the abductor received assistance some cases, the abductor voluntarily kept the child late after a visit prior to the from family members in carrying out the returned the child; in others, the child actual abduction, perhaps to prevent the

5 Table 1: Abductor Planning Actions Table 2: Threats Made Prior to Abduction Percent of Cases Specific Action (N=97) Number and Prior to the Percent Saved money or waited for expected cash payment 58 abduction, did Responding Gathered, destroyed, or hid legal documents and records the abductor “Yes” (birth certificates, school records) 54 ever threaten . . . (N=84)* Liquidated assets (sold business, investments, etc.) 53 your life? 50 (60%) Quit or changed jobs 45 the life of your child? 18 (21%) Applied for a visa or passport for the child from the anyone else’s life? 35 (42%) U.S. Department of State 39 * Thirteen parents (13 percent of all respond- Moved residence 36 ents) reported that no threats were made. Received visits from friends or family members from another country to assist with the abduction 34 Costs of Search and Made preparatory visit to country to which child was later abducted 32 Recovery Left-behind parents pay a high price in Applied for a visa or passport for the child from embassy or cases of international abduction. Approx- consulate of another country 31 imately one-half of the parents surveyed Kept the child late after a visit prior to actual abduction 24 reported on the amount of money they spent in searching for and/or recovering Note: Twenty left-behind parents (21%) also reported that they believed the abductor had secretly involved the child in planning the abduction. abducted children (see table 4). These par- ents spent an average of $33,500 for search and recovery efforts. About one-fourth of left-behind parent from immediately hours of the abduction. Two-thirds said these parents spent $75,000 or more. Al- becoming concerned when the actual they received little or no assistance from though parents with higher incomes gen- abduction occurred. One-fifth of parents the first law enforcement official they erally spent more money than those with said they believe the abductor secretly spoke with. Examples of unsatisfactory lower incomes, more than one-half of involved the child in planning the abduc- response included being told that the parents across all income levels reported tion; such cases are particularly disturb- child had to be missing for a prescribed spending as much as or more than their ing and suggest a high level of planning. period of time before police could take annual income. action or that police could not do any- In many cases, abductors made serious thing unless there was evidence that the Left-behind parents also pay a high price threats prior to the actual abduction (see child had left the State. in terms of their own emotional health. table 2). Eighty percent of left-behind par- Eighty-five percent of parents turned to ents reported that these previous threats The study found that, unfortunately, pa- family and friends for emotional support. included telling them they would never see rental abduction is still widely regarded Slightly fewer than one-half relied on their child again. Sixty percent reported as a private family matter. More than two- professional counselors or therapists for that abductors threatened their lives, and thirds of left-behind parents encountered assistance in handling emotional prob- more than 20 percent reported that the individuals and organizations who seemed lems. One-fifth said they used prescription abductor threatened the life of the abduct- to regard parental abduction as a family drugs to cope with stress while their child ed child. Such threats would only have problem that did not require legal inter- was gone. Many parents reported a desire increased the left-behind parents’ fears vention. One-third of parents reported to establish stronger support systems and once the abduction had taken place. that law enforcement officials would not networking opportunities for parents who take information about their cases be- Fifty-one percent of left-behind parents are victims of family abduction. cause the officials saw the abduction as took measures to prevent the abduction. a domestic situation. These measures included seeking super- Obstacles to Search and vised visitation, custody orders prohibit- Recovery ing removal of the child from the jurisdic- Private Sources of Assistance Researchers sought to identify the primary tion, and passport denial or restrictions. challenges parents faced in trying to locate In addition to contacting law enforcement and recover children abducted to foreign Level of Satisfaction With agencies, parents relied on many other pro- countries. A majority of respondents con- Law Enforcement’s Initial fessionals for assistance in locating and/or sistently named the following obstacles as Response recovering their children (see table 3). presenting the greatest difficulties: Most (87 percent) hired an attorney in The survey revealed high levels of dis- the United States. More than one-half also ◆ Lack of sufficient funds. satisfaction with law enforcement’s initial hired an attorney from the destination ◆ Difficulties with foreign laws and response to parents’ reports of abduc- country and/or a private investigator. officials. tions. More than 80 percent of parents One-fifth hired a rescuer or mercenary to ◆ Difficulties with U.S. laws. contacted law enforcement within 24 attempt to recover the abducted child.

6 Table 3: Professionals Used by Table 4: Expenditures by Parents To Search For and Recover Parents To Search For and Abducted Children Recover Abducted Children Category Mean Median Range Number and Attorney hired in the United States $25,724 $12,000 $50–200,000 Percent of Cases Attorney hired in other country 4,508 3,000 100–30,000 (N=97) Court costs (U.S. and other country) 3,388 2,000 200–10,000 Attorney in the Other legal costs 2,397 1,250 100–10,000 United States 84 (87%) Private investigator 3,987 2,000 200–40,000 Rescuer/mercenary 33,111 10,000 3,000–117,000 Attorney in Travel costs 4,463 3,250 600–20,000 destination country 53 (55%) Communication costs 11,436 8,500 100–100,000 Private investigator 54 (56%) Therapy or counseling 5,660 3,000 100–15,000 Rescuer/mercenary 21 (22%) Other costs* 34,784 7,000 500–300,000 Estimated total spent 61,238 33,500 10,000–270,000

Note: Not all respondents answered the question about expenditures. Some only reported the total ◆ Judges’ inexperience in handling inter- amount spent and did not break down the cost into categories. national abduction cases. * “Other costs” included costs associated with psychological testing, expert testimony, lost time or loss ◆ Inadequate response by law enforce- of job (employment income), authentication of documents, fees for psychics, and bribes. ment agencies.

These and other obstacles reported by felt powerless in attempting to deal long- difficulty working with foreign officials parents are discussed below. distance with a foreign country’s officials (64 percent of parents) and laws of other Lack of sufficient funds. A lack of suffi- and/or laws may have thought they would countries (74 percent)—may be inter- cient funds was the obstacle that respond- have been taken more seriously if they related. Although government officials ing parents most frequently identified. This could have traveled to the country, which and agencies in another country may is not surprising, considering the large in some cases would have been very seem to be uncooperative, they actually sums of money that parents reported costly. Even the costs of long-distance may simply be following that country’s spending. This perceived lack of funding, telephone calls added up very quickly for laws; in this case, the obstacle is the laws, however, is related to other obstacles that these parents. Parents who were dissatis- not the officials or agencies. Among the respondents reported. Many parents who fied with their attorneys (in the United difficulties some parents encountered in were frustrated by an inadequate investi- States and/or in a foreign country) may dealing with foreign government agencies gative effort by law enforcement agencies have believed that they could have hired were language barriers and a lack of con- hired a private investigator, and others better legal representation had more cern on the part of agency personnel and hired a rescuer/mercenary. Hiring such funds been available. officials. One parent reported that work- ing with the foreign government was im- professionals was in most cases very Difficulties with foreign laws and officials. possible because the “abductor married expensive. In addition, respondents who Two obstacles listed frequently by parents— [a] prominent citizen” in the country. Difficulties with U.S. laws. More than Prosecution of Parental Abduction Cases: three-fourths of respondents identified “American laws” as an obstacle, and about A Summary of Research one-half considered them an obstacle that Inadequate law enforcement response to parental abduction may be related posed a high level of difficulty. This ob- to the fact that few jurisdictions have had much experience in prosecuting such stacle could be related to another report- cases. A nationwide survey of 74 prosecutor’s offices, conducted by the American ed obstacle—“ease of exiting the United Prosecutors Research Institute (Klain, 1995), found that 78 percent of respond- States” with an abducted child. Eleven ents handle only 1 to 5 parental abduction cases per year, 90.3 percent handle parents specifically mentioned as a major between 1 and 20 such cases per year, and only 4.2 percent handle more than obstacle the fact that parents crossing 100 cases per year. The same survey found that just 1 in 25 prosecutor’s offices international borders with a child do not has a specialized parental abduction unit. Most parental abduction cases (57.5 need to verify custody and/or permission percent) are handled by nonspecialists or by designated attorneys, and the rest from the other parent to do so. are handled by various designated units (domestic violence, family crimes, special assault, or child abuse). Judges’ inexperience. Nearly two-thirds of responding parents reported that a judge’s The American Prosecutors Research Institute survey findings are supported by a inexperience in dealing with international study (Grasso, Ryan, and Wells, 1996) that examined 6 “promising” sites where 15 or more cases of parental abduction are prosecuted each year. With the exception parental abduction cases was a major ob- of two specialized agencies devoted to parental abduction cases, all criminal jus- stacle in the search for and recovery of tice agencies at these sites indicated that parental abduction cases make up only their child. This finding reinforces earlier 5 percent or less of their total caseload. Even in jurisdictions with special expertise research, which indicated that three-fifths in handling parental abduction cases, these cases are often given “low priority.” of U.S. judges had handled either no inter- national parental abduction cases or just

7 one case (Girdner, 1994b). In some cases, parents may also have been referring to Factors Influencing Recovery: A Summary of Research a foreign judge’s refusal to enforce Hague In cases of parental abduction, the left- (1990) found that eight of the recovered Convention procedures. Other parents behind parent’s vigilance in searching children in their study were located by indicated frustration with foreign judges’ for the abducted child can be one of the the police or other legal authorities, five refusal to honor existing U.S. court orders most significant factors in locating by missing children’s organizations, and regarding custody (which the judge would and recovering the child. Police involve- three by the left-behind parent; one not be required to do) or with a U.S. ment in locating the child can also be a child was voluntarily returned by the judge’s unwillingness to issue protective critical factor. abducting parent. measures that the respondent thought could have prevented the abduction (e.g., In interviews conducted by Hatcher and Another study indicates that immediate supervised visitation). Brooks (1994), about one-quarter (26.9 reporting to a law enforcement agency percent) of left-behind parents whose is related to a greater likelihood of re- Inadequate response by law enforcement children had been recovered attributed covery. Agopian (1981) studied the re- agencies. Left-behind parents gave law the recovery to a lead they themselves lationship between reporting and recov- enforcement agencies mixed reviews. established. Parents also said that re- ery and found that most parents whose Many law enforcement agencies clearly covery was aided by leads from the children were recovered had notified were uninformed regarding the National FBI (9.6 percent), a law enforcement authorities within 1 week of the child’s Child Search Assistance Act, which man- officer (7.7 percent), an attorney (5.8 disappearance, whereas only 2 percent dates that law enforcement must enter percent), a private citizen (5.8 percent), of children were recovered in cases in the description of a missing child in the and missing children’s organizations which parents had notified police more National Crime Information Center (NCIC) (3.8 percent). Janvier and colleagues than 1 month after the abduction. Missing Person File without a waiting period. Of great concern is the fact that hired in other countries. The reason for and institutions (law enforcement, judges, two-thirds of parents reported an inade- this difference may be that the U.S. at- and foreign government agencies and offi- quate initial response from law enforce- torneys were not necessarily hired for cials). In all likelihood, this belief in- ment agencies. Delayed response by law their previous experience in handling creased the perceived level of difficulty enforcement may have contributed to the cases of international parental abduction. associated with a particular obstacle. success of abductions. In addition, many In fact, 39 percent of respondents said law enforcement officials seemed unaware they used an attorney in the United States of their obligation to investigate the where- whom they had retained prior to the ab- Survey of Central abouts of the abductor and child. At the duction, and many used the attorney who Authorities of the other end of the spectrum are those law had handled their divorce or custody Hague Convention on enforcement officials who responded im- proceedings. mediately, offering support and referring the Civil Aspects of parents to additional resources. Although Rescuers/mercenaries received the highest International Child present in only a minority of cases, this knowledgeability ratings of all private pro- quick response clearly made a difference fessionals, with 77 percent of respondents Abduction in how parents viewed the investigation reporting that the rescuer/mercenary they Under the Hague Convention, each party and gave them confidence in the overall contacted had moderate to great knowl- country is required to establish a Central law enforcement effort. edge about international parental abduc- Authority. Most of the duties of the Cen- tion. However, only 21 parents in the sam- tral Authority are enumerated in Article 7 Private professionals’ lack of knowledge. ple even contacted a rescuer/mercenary. of the Convention (see page 3). Nearly all surveyed parents hired a pri- vate attorney in the United States to pur- Lack of information about government Central Authorities are mentioned in law sue the return of the abducted child (or responsibilities. Parents’ responses clear- review articles about the Hague Conven- used the services of an attorney they had ly reveal a high level of frustration with tion, but they have received little focused retained prior to the abduction), and one- the U.S. Department of State’s actions, in attention in the literature. The major half hired an attorney in another country. terms of the parents’ expectations versus exception is an article by law professor More than one-half hired a private in- their actual experiences. Some comments Carol Bruch (1994), based on her inter- vestigator, and nearly one-fifth hired a indicate that many parents, even after views of Central Authority personnel in rescuer/mercenary. As with law enforce- going through the entire process of search- 10 countries (8 European countries, Israel, ment officials, the knowledge and skills of ing for and attempting to recover a child, and the United States) in 1990 and 1992 these professionals regarding internation- do not fully understand the respective and her observations of two intergovern- al parental abduction varied widely. procedures and responsibilities of State, mental meetings on the Convention at the Federal, and foreign governments. It ap- Hague in 1989 and 1993. Bruch describes Parents gave attorneys hired in the Unit- pears to be very difficult for left-behind the responsibilities of the Central Author- ed States the lowest knowledgeability parents to obtain information about ity under the Convention and relates ratings of all private professionals. where responsibilities in these cases lie some of the variations she found among Only one-fourth of attorneys hired in the and how to communicate with the agen- the 10 Central Authorities she studied. United States were rated as having mod- cies involved. erate to very great knowledge regarding Variation in the operation of Central Au- international parental abduction, com- Perceived bias. A number of parents also thorities and the implementation of the pared with nearly one-half of attorneys believed they had encountered various bia- Hague Convention across countries is an ses when dealing with certain individuals

8 important consideration in examining the Caseloads. Caseloads vary greatly across and almost three-fourths reported a suc- effectiveness of the treaty. The Hague Central Authorities. In 1994, outgoing cess rate of 25 percent or lower. Convention has frequently been heralded applications ranged from 1 case to 380 as the means for prompt resolution of cases, with a mean of 45 and median of Hague proceeding. The majority of these difficult international abduction 13. Central Authorities most often iden- Central Authorities responding to the sur- cases, but many experts in the field have tified the United States as one of the three vey question about the Hague proceeding become increasingly aware that both countries most frequently dealt with, for (26, or 90 percent) reported that the pro- promptness and resolution in Hague all categories of cases (incoming and out- ceeding for incoming cases in their coun- try is a hearing before a judge; the rest cases depend a great deal on which going, return and access).4 The United countries are involved. Kingdom was next in all categories except reported that it is an administrative pro- outgoing access cases. ceeding. Ten Central Authorities reported The ABA Center on Children and the Law that the Central Authority office will rep- surveyed Central Authorities regarding Hague application process. More than resent the parent in the Hague proceed- their experiences in handling cases of 80 percent of responding countries accept ing, and 17 reported referring applicant international parental abduction under Hague applications in English; about 40 parents to attorneys. Seventeen Central the Hague Convention. The survey was percent accept applications in French. Al- Authorities reported that Hague appli- conducted during late 1995 and early though French and English are the official cants may be eligible for free legal as- 1996, with a followup in early 1997. The languages of the Hague Convention, four sistance and representation. objective of the survey was to identify Central Authorities indicated that they do similarities and differences in the struc- not accept applications in either language Variations in Procedures ture and operation of Central Authorities (contrary to the Convention). More than 70 and Outcomes and to assess the degree to which the percent of responding Central Authorities Hague Convention is working across open five or fewer incoming return cases The findings from this survey clearly countries. The questionnaire included and five or fewer outgoing return cases per demonstrate that implementation and items about infrastructure (e.g., staffing), month. The number of unresolved cases operation of the Hague Convention vary number of cases, countries most often ranges greatly, from none to more than 800. greatly across countries. Some variation dealt with, the Hague application process, The median number of unresolved cases is is understandable, because the Central and Hague proceedings and decisions. 10, for both incoming and outgoing cases. Authorities were established within each Respondents had the option to complete The exact location of the child is unknown country’s existing bureaucracy and the the questionnaire in English, French, or in more than one-half of incoming cases. Hague proceedings occur within each Spanish. Participation was voluntary. country’s existing judicial system. How- Criminal charges. Depending on the ever, the wide range in case outcomes5 The questionnaire was sent to all 57 country, pending criminal charges against is perhaps the most troubling finding of Central Authorities existing at the time the abductor in the country from which the survey, as it reflects a lack of unifor- of the survey (1996–97). Included were the child was taken may help or hurt mity in application of the Hague Conven- Central Authorities in 44 countries, plus efforts to recover the child. More than tion that goes beyond these structural 10 provincial or territorial Central Au- two-thirds of Central Authorities report- explanations. thorities in Canada and 3 Central Author- ed that criminal charges are sometimes ities in the United Kingdom (England/ helpful in their efforts to locate a child Several findings raise concerns about the Wales, Scotland, and Northern Ireland). abducted to their country, and one-third appropriateness or efficacy of actions The survey drew responses from 44 Cen- reported that criminal charges are some- taken by a minority of Central Authorities. tral Authorities within 32 countries, repre- times helpful in proceeding with a Hague For example, French and English are offi- senting a response rate of 73 percent of case. On the other hand, four Central cial languages of the Hague Convention, the countries surveyed. The following sec- Authorities reported that in their country, and Article 24 of the Convention requires tions note major survey findings, discuss some judges will not order a return if that Central Authorities accept applica- variations in procedures and outcomes criminal charges are outstanding in the tions and other documents in either lan- revealed by the survey, and summarize country from which the child was taken; guage, although “a Contracting State may, implications of survey findings. one Central Authority indicated that any by making a reservation in accordance criminal charges must be dropped before with Article 42, object to the use of either it can proceed with a case. French or English, but not both, in any Major Survey Findings application communication or other doc- Background and infrastructure. In more Handling of cases. More than one-fourth ument sent to its Central Authority.” In than two-thirds of the 32 responding coun- of the countries with responding Cen- the survey, Central Authorities in four tries, Central Authorities are located in tral Authorities have other intercountry countries indicated that they would not justice departments or ministries. (The agreements or laws that may be used accept applications in English or French, U.S. Central Authority is the Office of Chil- in lieu of the Hague Convention. Some although this is expressly prohibited dren’s Issues in the U.S. Department of respondents reported that these other under Article 24. State.) Central Authority staffs are small agreements or laws have simpler proce- (about three persons) and generally dures than the Hague Convention or are The survey findings also reveal significant spend less than one-half of their time on more effective in resolving access cases. variations in caseloads, with heavy con- Hague cases. In about two-thirds of re- Eighteen Central Authorities reported try- centrations of cases in relatively few sponding countries, Central Authorities ing to secure voluntary returns; of these, countries. At the time the survey was have attorneys on staff. about one-fourth reported no success, conducted, the majority of Central Au- thorities reported opening an average

9 of five or fewer cases of each type (in- more than three-fourths of the parents are posted and accessible to anyone coming and outgoing, return and access) had attorneys with no previous experi- around the world with access to the per month. Only 3 countries—the United ence in international abduction cases. Internet. States, the United Kingdom, and France— averaged more than 10 new cases per NCMEC handles incoming Hague Conven- month in both the incoming and outgoing Selected Good tion child abduction cases on behalf of return categories. Asked to list the top the U.S. Central Authority in the Depart- Practices ment of State. Two of the most pressing three countries to which they send and The following sections present selected from which they receive return cases, tasks associated with this responsibility “good practices” in dealing with interna- are locating children abducted to the Central Authorities most frequently listed tional parental child abduction. Several the United States in both categories. The United States or wrongfully retained in different perspectives are represented: the United States and finding lawyers next most frequently listed country, the government agencies (at the Federal, United Kingdom, was mentioned about to represent the foreign parent in court State, and local levels) and private sec- proceedings brought in the United one-half as often as the United States for tor organizations in the United States; incoming return cases and about one- States under the Convention. NCMEC’s the United Kingdom’s Hague Central International Division carries out the third as often for outgoing return cases. Authority; and Canada’s Missing Children The next most frequently listed countries Central Authority’s responsibilities in Registry. Each section includes a quote incoming international abduction cases. for both incoming and outgoing return reflecting the organization’s philosophy, cases were Germany, Canada, Australia, background information, and a list of NCMEC, in cooperation with the Office of and France. The most frequently listed good practices. Children’s Issues in the U.S. Department countries for incoming access cases were of State, has assumed a greater role in the United States, the United Kingdom, National Center for Missing outgoing Hague Convention cases than it Canada, and France. For outgoing access previously had. NCMEC provides parents cases, the most frequently listed coun- and Exploited Children seeking to invoke the Convention with tries were the United States, France, the After parents have done all they can to instructions on how to do so and helps United Kingdom, and Germany. work within the parameters of the law, parents prepare Hague applications and both domestic and foreign, and still they obtain supporting documents. Implications can’t get their children back, they often become desperate. We understand how NCMEC notes the following good prac- Clearly, the United States represents the frustrating it can be, and work with par- tices aspects of its operations: largest share of the Hague caseload, fol- ents to exhaust every opportunity, every ◆ lowed by the United Kingdom. The United option. NCMEC’s state-of-the-art technology— States is only 1 of 32 Hague countries including its Web site and an extensive —Ernie Allen, responding to the survey, yet the case- computer network that makes possible President, National Center for worldwide transmission of images of load of children taken from or to the Missing and Exploited Children United States accounted for a substantial abducted children and information portion (more than 50 percent) of the The National Center for Missing and about them—is revolutionizing the combined caseloads of all 32 responding Exploited Children (NCMEC) was estab- search for missing children. lished in 1984 as a private, nonprofit countries. Therefore, the performance of ◆ Incoming Hague petitions get imme- organization to serve as a clearinghouse American attorneys and judges in han- diate response. Efforts are begun for information on missing and exploited dling incoming Hague cases and the per- promptly to locate the child, find an children. Funding for NCMEC comes from formance of the U.S. Central Authority in affordable attorney, and educate the the U.S. Department of Justice and many processing applications for and monitor- judges and lawyers involved about the private corporate donors that contribute ing progress of both incoming and outgo- Hague Convention. ing cases are critical to the overall suc- time, money, and technology. NCMEC pro- ◆ Criminal warrants can be very effec- cess of the Hague Convention worldwide. vides technical assistance to individuals and law enforcement agencies in cases tive in Hague and non-Hague cases. Earlier research calls into question the involving parental abduction, stranger ◆ As part of a transborder task force, performance of American judges and abduction, runaway children, and child NCMEC is working with Canadian attorneys in handling Hague cases. In a exploitation. counterparts to develop an intercept nationwide survey of American judges program for Canadian children transit- and attorneys (Girdner, 1994b), 60 per- Locating abducted and missing children is one of NCMEC’s critical roles. In carry- ing through the United States who are cent of judges reported that counsel at risk of further abduction. before them rarely or never adequately ing out this role, NCMEC coordinates with ◆ informed them about the applicable pro- law enforcement agencies at the local, Educating parents, lawyers, and judges visions of the Hague Convention, almost State, Federal, and international levels. It on abduction prevention measures is a 70 percent of attorneys reported that has direct access to the NCIC missing priority. opposing counsel was not familiar with children’s database. It also disseminates ◆ NCMEC’s institutional philosophy—to the Convention, and more than 60 per- photographs and descriptions of missing go the extra mile to recover a missing cent of attorneys reported that judges children. The advent of the Internet has child—is reflected in the staff’s cooper- they appeared before in Hague cases made it possible for NCMEC to expand ative approach to cases. were not familiar with the Convention. globally its nationwide photo distribution ◆ Effective interaction between NCMEC Another survey of left-behind parents network. NCMEC now maintains a Web and local, State, Federal, and (Hatcher and Brooks, 1994) found that site on which photos of missing children

10 international law enforcement officers and prosecutors helps find and re- cover abducted children. For additional information, write Na- tional Center for Missing and Exploited Children, Charles B. Wang International Children’s Building, 699 Prince Street, Alexandria, VA 22314; phone 800–THE– LOST (843–5678); or visit the Web site at missingkids.com.

Vanished Children’s Alliance We try to give families of abducted children a little sense of control over an uncontrollable situation. —Georgia K. Hilgeman, Executive Director, Vanished Children’s Alliance The Vanished Children’s Alliance (VCA) is a nonprofit organization based in San Jose, CA. For more than two decades, VCA has assisted left-behind parents of abduct- ed children. Its mission is child focused. Once a case is registered with VCA in accordance with protocol, parents re- ceive services free of charge. A toll-free telephone line (800–826–4743) is available to receive reports of sightings of abduct- out of a threatened abduction, (2) con- addresses for individuals seeking informa- ed children and requests for help. VCA tacting law enforcement officials to tion on missing children. plays a crucial role in encouraging par- alert them to potential abductions, and The New York State Missing and Exploited ents to take an active part in the search (3) suggesting various general provi- Children Clearinghouse was established for their children. It also coordinates sions that can be included in a court in 1987 to carry out many diverse activi- closely with law enforcement agencies to order and also suggesting other steps ties relating to missing and exploited chil- find abducted children and return them a parent can take to stop an abduction dren. It has a long track record of good to the appropriate jurisdiction so that before it happens. custody-related disputes can be resolved work and sufficient funding. Because of For additional information, write Georgia by the courts. New York’s major international airports K. Hilgeman, Executive Director, Vanished and proximity to Canada, the State’s VCA suggests the following good prac- Children’s Alliance, 2095 Park Avenue, clearinghouse sees many cases of inter- tices for nonprofit organizations seeking San Jose, CA 95126; phone 408–296–1113; national parental abduction. New York’s to assist left-behind parents: e-mail [email protected]; or statutes relating to criminal custodial visit the Web site at vca.org/. interference do not cover precustodial ◆ Listen attentively and give support to abductions and treat postcustodial ab- left-behind parents on a long-term ductions as a felony only if a child has basis, including preparing them for New York State Missing been taken out of State. Perhaps especial- reunification with the abducted child. and Exploited Children Clearinghouse ly in States with statutes similar to New ◆ Give parents some control over their York’s, clearinghouses can play an impor- Parents need someone to go to bat for lives by encouraging their active in- tant and active role in resolving these dif- them. volvement in resolving their cases. ficult cases. —Diane Vigars, formerly of the ◆ Once a case is registered, become ac- New York State Missing and Exploited The New York State Missing and Exploited tively involved in trying to locate the Children Clearinghouse Children Clearinghouse suggests the abducted child, including coordinating following good practices for State All 50 States and the District of Columbia closely with law enforcement in a posi- clearinghouses: tive, nonconfrontational manner. currently have missing children’s clearing- ◆ ◆ houses, which are established by execu- Take abduction prevention seriously. Acting as the left-behind parent’s liai- tive order or legislative mandate. Setting son, get all the key players (e.g., law ◆ Listen, seek to understand, and do not up clearinghouses has proved less diffi- make biased judgments. enforcement, nonprofit organizations, cult than providing them with adequate Department of State) to work together funding to carry out their tasks. Some ◆ Provide information to and educate and share pertinent case information. States have failed to appropriate resources other practitioners. ◆ Help prevent abductions by taking the for maintaining their clearinghouses, ◆ Promptly enter children in NCIC and following actions: (1) talking a parent which then have become merely mailing investigate their whereabouts.

11 ◆ Coordinate case efforts with law en- several sections modeled on California The Santa Clara County District Attorney’s forcement and other agencies. law that give prosecutors and law en- Office notes the following good practices ◆ Facilitate community-based education forcement in States that adopt the Act aspects of effective law enforcement in- and prevention. new flexibility and additional civil tools to volvement in family abduction cases: help find and recover abducted children. ◆ Act as State contact for the U.S. Central ◆ It is very important for the prosecuting Authority in Hague Convention cases. The Child Abduction Unit of the Kern attorney and the investigator to strate- County District Attorney’s Office notes gize on child abduction cases. For additional information, write New the following good practices aspects of York State Missing and Exploited Children ◆ Time is of the essence in abduction effective law enforcement involvement in Clearinghouse, 4 Tower Place, Albany, cases. Law enforcement should act family abduction cases: NY 12203; phone 800–346–3543; or visit immediately to prevent removal of the the Web site at criminaljustice.state.ny. ◆ Agencies should have a protocol for child from the country and should use us/missing. handling family abduction cases. all available government resources toward that end. ◆ Quick response by law enforcement to Child Abduction Unit, Kern family abductions may lead to early ◆ Parents can help prevent and resolve County (California) District intervention and return of the child. abduction cases by taking the follow- Attorney’s Office ◆ ing actions: (1) obtaining specific pre- Criminal warrants may be needed if ventive measures in their custody The Child Abduction Unit of the Kern the Hague Convention remedy fails or orders, (2) keeping information about County District Attorney’s Office exists to is unavailable. the child and other parent and a certi- help parents recover children who have ◆ been abducted, to prosecute those who Law enforcement recovery of abducted fied copy of the court order in a safe violate criminal laws related to child children has numerous advantages place, and (3) flagging passports (i.e., abduction, and to represent the Superior over self-help recovery by the parent. requesting that the State Department Court . . . when the Court orders the For additional information, write Kern notify them upon receipt of a passport District Attorney to locate and recover County District Attorney’s Office, 1215 application for the child and/or pre- missing children. Truxtun Avenue, Bakersfield, CA 93301; vent issuance of a passport). —Notice, Kern County phone 661–868–2340; or visit the Web site ◆ U.S. and foreign consulates may be District Attorney’s Office at www.co.kern.ca.us/da/. of assistance to investigators when a California was the first State to give its child has been abducted abroad or district attorneys and their investigators Santa Clara County there is reason to fear an abduction both civil and criminal legal tools to (California) District will occur. locate and return parentally abducted Attorney’s Office ◆ Law enforcement personnel, judges, children. Prosecutors have the option Child abduction cases are different from members of the bar, and the public of using the most appropriate remedy— ordinary criminal cases because of the need to be educated about parental civil, criminal, or a combination of the ongoing familial relationship. Children abduction. two—to locate and recover an abducted need a relationship with both parents. For additional information, write Office child. Once the child is returned to the We have many tools at our disposal in of the District Attorney, Santa Clara jurisdiction, the courts can sort out the deciding how to proceed. As prosecutors, County, 710 West Hedding Street, San underlying custody and visitation issues. we must look at the welfare of the chil- Jose, CA 95110; phone 408–299–7500; or dren and ask: “How do we serve their Investigators working in concert with visit the Web site at santaclara-da.org/ best interests?” prosecutors perform the indispensable da-abduction.html. legwork of searching for the abducted —Janet Heim, child and then taking the necessary steps Deputy District Attorney, Santa Clara California State Attorney to bring the child back to the jurisdiction. County District Attorney’s Office, The Kern County District Attorney’s Of- Parental Kidnapping Investigation Unit General’s Office and San fice is one of many district attorney’s Diego (California) District offices in California that have established Location and a speedy safe recovery Attorney’s Office child abduction units to implement the of the child are the investigator’s main The District Attorney’s office has bilingual law. To refine and improve practices, concerns. The investigator and deputy dis- staff that prepare the Hague applications statewide meetings are held to bring trict attorney need to work closely togeth- for cases of children abducted from San together criminal justice system profes- er to best accomplish those goals. Diego County to Mexico. The applica- sionals assigned to handle child abduc- —Melanie Headrick, tions are provided in English and Spanish. tion cases. Criminal Investigator II, The attention to detail, organization, lan- Team Leader, Santa Clara County guage, and presentation could serve as a In effect for about two decades, Califor- District Attorney’s Office model for all Hague applications. The nia’s innovative approach to custodial already beleaguered left-behind parent is The Santa Clara County District Attorney’s interference and abduction cases is now not burdened with obtaining costly trans- Office has a special unit that deals with being more widely implemented. The lations and putting together the entire file. Uniform Child-Custody Jurisdiction and the criminal and civil aspects of interna- The foreign Central Authority can begin Enforcement Act, approved in July 1997 tional and interstate parental abduction processing the application without delay. cases. Its functions parallel those of the by the National Conference of Commis- —Issues in Resolving Cases of sioners on Uniform State Laws, includes similar unit in the Kern County District Attorney’s Office described above. International Child Abduction

12 California is the first State in which the or visit the Web site at www.co.san- ◆ Suggests that an American parent State criminal justice system plays a criti- diego.ca.us/cnty/cntydepts/safety/da/ whose child has been abducted by a cal role in using civil remedies to resolve abduction/index.html. family member to another country first parental abduction cases. Involvement seek voluntary return if feasible, then in civil aspects of parental abduction U.S. Department of State, civil legal action, and lastly criminal extends to the State Attorney General’s Office of Children’s Issues remedies. Office, which acts as a local “central ◆ Systematically encourages other coun- authority” for Hague Convention cases We are actively involved in trying to encourage interagency cooperation in tries to ratify the Hague Convention. involving abducted children located in international parental child abduction California. Deputy attorneys general serve ◆ Makes an ongoing effort to improve cases. as State contacts for these cases. The interagency cooperation and respon- State Attorney General’s Office receives —Raymond E. Clore, siveness to families affected by inter- each Hague application from NCMEC, Former Director, Office of Children’s national abductions. Issues and U.S. Central Authority, determines whether it is appropriate ◆ Disseminates information to help par- U.S. Department of State for handling by a district attorney, then ents when there is a risk of internation- routes it to the district attorney’s office The Office of Children’s Issues (OCI) in al abduction and when such an abduc- in the county where the child is believed the Bureau of Consular Affairs of the U.S. tion has already occurred. to be located, and subsequently tracks Department of State serves as the U.S. ◆ Maintains computerized databases to the progress of the case. The Attorney Central Authority under the Hague Con- analyze case dispositions and facilitate General’s Office also advises district at- vention and is the point of contact for followup with parents and foreign torney staff on specific issues related to hundreds of parents in the United States Central Authorities. Hague cases and serves as liaison with and abroad whose children have been the U.S. Department of State, NCMEC, and abducted from or to the United States. For additional information, write U.S. Central Authorities in other countries. The OCI director is a foreign service offi- Department of State, Office of Children’s cer. The director’s position has tradition- Issues, 2401 E Street NW., Room L127, Because of San Diego’s border with Mex- ally rotated every 2 years. OCI’s staff of Washington, DC 20037; phone 202–736– ico, incoming and outgoing parental consular officers work on international 7000; or visit the Web site at travel. abduction/retention cases involving adoption policy issues in addition to state.gov/officeofchildissues.html. Mexico are common. The San Diego international child abduction cases. District Attorney’s Office estimates that 10 percent of its parental abduction cases In its capacity as the U.S. Central Au- United Kingdom Child involve children taken to or from Mexico. thority under the Hague Convention, OCI Abduction Unit Mexico became a party to the Hague processes applications for return in outgo- The comity of nations requires the prompt Convention on October 1, 1991. Its judi- ing cases (i.e., cases in which children and consistent implementation of the cial system operates quite differently have been wrongfully removed from the Hague Convention. The United Kingdom from that of the United States. In handling United States and retained in other Hague Lord Chancellor’s Child Abduction Unit cases of international parental abduction, countries). The operational aspects of the plays a vital part in safeguarding the the San Diego District Attorney’s Office Central Authority in incoming cases (i.e., interests of children everywhere. collaborates with the State Attorney cases in which children have been wrong- —Rt. Hon. Sir Stephen Brown, General’s Office and the local family fully removed from other Hague countries President of the Family Division, court. Both the San Diego District Attor- and retained in the United States) have High Court, United Kingdom ney’s Office and the Attorney General’s been delegated to NCMEC. (For a discus- The Child Abduction Unit (CAU) is the Cen- Office have taken a proactive stance in sion of NCMEC’s changing role with regard tral Authority for England and Wales for the cases involving Mexico. to outgoing Hague cases, see the NCMEC two international conventions on child ab- good practices section on page 10.) The California Attorney General’s Office duction to which the United Kingdom is a and the San Diego District Attorney’s Of- The OCI booklet International Parental party: the Hague Convention and the Euro- fice suggest the following good practices Child Abduction (U.S. Department of pean Convention on Recognition and En- for criminal justice agencies handling State, 1997) summarizes what the State forcement of Decisions Concerning Custody Hague Convention cases: Department can and cannot do when a of Children and on Restoration of Custody of Children of 1980 (sometimes called “the ◆ child is abducted. The publication is Streamline the Hague application available through OCI (for information on Luxembourg Convention”). There are also process. how to contact OCI, see below) and can Central Authorities in Northern Ireland and ◆ Involve country experts on staff. also be downloaded from the Web at Scotland; the Lord Chancellor is the Central Authority for Northern Ireland, and the Sec- ◆ Arrange for immediate hearings in travel.state.gov/int’lchildabduction.html. retary of State for Scotland is the Central Hague and custody cases. OCI notes the following good practices Authority for Scotland. Although the United ◆ Create opportunities for cross-cultural aspects of its operations: Kingdom has three Central Authorities, judicial communication and training. ◆ Promotes prevention measures to reflecting its three distinct legal jurisdic- For additional information, write Office deter international abductions. tions, all three operate in the same way. of the District Attorney, San Diego County, ◆ Communicates information about the The CAU was created when the Hague Con- Hall of Justice, 330 West Broadway, San Hague Convention to American courts. vention and the European Convention were Diego, CA 92101; phone 619–531–4345; incorporated into the law of the United

13 Kingdom by the Child Abduction and Cus- ◆ A summary hearing, typically on the ◆ Use diplomatic pressure in cases in- tody Act of 1985, which came into force written pleadings (oral evidence is volving countries that are not parties on August 1, 1986. The CAU is now the positively discouraged), is held. to the Hague Convention. second busiest Central Authority in the For additional information, write The For additional information, write Royal world (after the United States). Child Abduction Unit, Official Solicitor’s Canadian Mounted Police, Missing Chil- The CAU was originally located in the Department, Fourth Floor, 81 Chancery dren’s Registry, P.O. Box 8885, Ottawa, headquarters of the Lord Chancellor’s Lane, London WC2A IDD, United Kingdom; Ontario, Canada KIG 3M8; phone 877–318– Department, but in April 1992, it moved phone 011–44–171–911–7047; or visit the 3576 (toll free); or visit the Web site at to the Official Solicitor’s Department. The Web site at www.offsol.demon.co.uk/ ourmissingchildren.ca. Official Solicitor is a quasi-judicial figure intnchab.htm. with a long history in English law, primar- ily concerned with assisting the High Missing Children’s Registry, Recommendations Court and with protecting persons under “Our Missing Children” for Practice a legal disability, minors (under the age of Program, Canada On the basis of the findings from this 18), and mental patients who are involved There is more than one way to skin a cat. study, including the review of good prac- in legal proceedings. Much of the Official tices, the authors of the full report made Solicitor’s work involves representing —Sergeant John W. Oliver, retired, a number of recommendations for policy children in disputes about their care, wel- Missing Children’s Registry, and practice. These are outlined below. fare, and education, and many of these Royal Canadian Mounted Police cases have an international element— Canada’s Missing Children’s Registry Judges indeed, that element is one criterion for (MCR) is a special unit of the Royal Cana- Judges should order preventive measures the Official Solicitor’s becoming involved dian Mounted Police. Established in 1986, routinely and should use a variety of in a case. Such cases are almost always the MCR was mandated to assist any more restrictive measures depending on dealt with in the High Court. Although the law enforcement agency in locating and the level of risk and the likelihood of re- office of the Official Solicitor carries out recovering a missing child. The MCR is covery. Specific recommendations include its duties independent of the government, also mandated to produce an annual re- the following: it brings a good deal of experience to the port on Canada’s missing children. This task of running and supporting a Central report keeps the general public informed ◆ In the custody order, specify that the Authority that deals with international about the number of missing children child cannot be removed from the child abduction. reported to Canadian police. State or country without authorization. The CAU is quite small; as of 1998, only The MCR is part of a program called ◆ Prevent issuance of the child’s pass- two of its four staff members worked full “Our Missing Children.” This program port or require that the child’s pass- time on child abduction cases. During involves officials from the Royal Cana- port and the passport of the parent 1997, the CAU dealt with 369 cases: 164 dian Mounted Police, the MCR, the at risk of abducting the child be incoming and 205 outgoing. The structure Department of Revenue (Customs), the surrendered. set up by the Child Abduction and Cus- Department of Citizenship and Immigra- ◆ Order the parent at risk of abducting tody Act of 1985 enables a small number tion, and the Department of Foreign the child to post a bond that would be of people to handle a large case load effi- Affairs and International Trade. The pro- released to the left-behind parent in ciently and effectively. gram is committed to locating missing the event of an abduction. and abducted children and returning The CAU of England and Wales notes the ◆ them to their proper guardians. To reduce flight risk, order supervised following good practices aspects of its visitation and/or no overnights with operations: Canada’s MCR suggests the following the child. good practices for agencies dealing ◆ The CAU is a small, single Central ◆ As a condition for traveling with the with international parental abduction: Authority situated in an organization child to another country or sending that represents children in legal ◆ Monitor points of arrival and the child to a noncustodial parent in proceedings. departure. another country, require the parent at risk of abducting or not returning the ◆ Legal representation is immediately ◆ Promptly enter each missing child in child to obtain a “mirror” order from available to overseas applicants at no the Canadian Police Information the foreign court, enforceable in that cost. Computer (CPIC) and NCIC. country, which parallels the provisions ◆ All cases are presented in London by a ◆ Coordinate with other agencies in both of the U.S. custody order. small group of experienced solicitors countries. ◆ and barristers.6 Order the parents to seek counseling ◆ Coordinate with Central Authorities in or mediation with a professional who, ◆ All cases are heard by one of the efforts to locate the abducted child. in a culturally sensitive way, can help judges of the High Court’s Family ◆ them address the issues raised by the Division, of whom there are now 17, Promote communication with nonprof- it organizations. ending of their marriage and by their including the president of the Family child’s mixed cultural heritage and can ◆ Division. Get support from the airline industry. also offer them guidelines on how to ◆ Cases are listed for hearing very quick- parent from two households (perhaps ly, and the rules limit adjournments to separated by a great distance). no more than 21 days.

14 Training Hague Convention on the of the office. OCI should improve its ef- Professionals handling parental abduction Civil Aspects of International forts to help left-behind parents bring cases should receive further training. Child Abduction internationally abducted children home, regardless of whether the other country Specific recommendations include the Changes should be made to improve the following: involved is party to the Hague Conven- efficacy of the Hague Convention. Specific tion. Recommendations that may improve ◆ Train law enforcement personnel and recommendations include the following: performance include the following: prosecutors regarding immediate ac- ◆ At the next special meeting of party ◆ tions required in cases of suspected Make the OCI director a nonrotating countries at the Hague, raise issues foreign or civil service position. Having international child abduction (e.g., relating to the lack of efficacy and uni- entering the case into NCIC, issuing a a new director every 2 years results in formity in implementing the Hague a high learning curve and limits oppor- warrant for unlawful flight to avoid Convention. prosecution, filing a Hague application, tunity to advocate for needed resources ◆ Convene a multinational nongovern- contacting the State missing children’s and to change staff responsibilities in mental group, including parents, clearinghouse). This training should be ways that can improve performance. attorneys, researchers, and missing provided to all “front line” personnel, ◆ Increase the number of personnel7 children’s organizations, to discuss including patrol officers, support staff, to ensure a better staff-to-case ratio. problems with the Hague Convention and investigators. Train staff to be more proactive in and ways to overcome them. ◆ Train judges and attorneys in preven- cases. Give parents more direct access ◆ Urge all Hague countries to locate their tive measures that can be taken in to caseworkers (rely less on voice- Central Authorities in Departments of cases when parental abduction is con- mail). Increase periodic OCI-initiated Justice and have at least one attorney sidered likely (e.g., supervised visita- contacts between staff and left-behind on staff. (Two-thirds of Central Author- tion, bonds). Provide judges with parents. Consider inviting former left- ities already use this model.) guidelines encouraging them to issue behind parents to brief staff on the prompt and enforceable custody and ◆ In the United States, recognize that type of contact that would be helpful. visitation orders and to include in efforts to improve handling of Hague ◆ Seriously consider transferring the full their orders warnings that violation Convention cases by educating attor- responsibilities of the U.S. Central Au- may be a criminal offense and punish- neys and judges and recruiting pro thority under the Hague Convention to able by imprisonment. bono attorneys are piecemeal solutions the U.S. Department of Justice. This without long-term benefits. Instead, ◆ Train judges in all Hague countries in would be in line with the majority of consolidate Hague proceedings in a implementation of the Hague Conven- other Central Authorities. The U.S. single location before a knowledgeable tion and other intercountry agree- Department of Justice could allocate to judiciary and provide left-behind par- ments concerning child custody. NCMEC direct case management for ents with representation by an experi- incoming and outgoing Hague and non- ◆ Provide all professionals with indepth enced panel of attorneys, similar to the Hague cases, as the State Department training that highlights the broad extent United Kingdom model. Alternatively, currently does for incoming Hague of the problem of international parental authorize U.S. attorneys (i.e., Federal cases only. This change would result abduction, the specific difficulties faced prosecutors) to file Hague return peti- in a more child-focused advocacy ap- in recovering children in cases of inter- tions in Federal courts. These changes proach. Such an approach is consis- national abduction, the devastating im- would expedite Hague proceedings, tent with the mission of the Missing pact that the abduction can have on the result in more uniform decisionmaking, and Exploited Children’s Program in child, and the importance of maintain- and facilitate the prompt return of chil- the U.S. Department of Justice and ing supportive contact with left-behind dren abducted to or retained in the NCMEC but sometimes appears incon- parents. Professionals who could bene- United States. sistent with the State Department’s fit from such training include law en- ◆ Urge countries to consider models diplomatic mission. forcement and prosecutorial personnel similar to the United Kingdom’s. ◆ at the local, State, and Federal levels; Make efforts to recruit foreign diplo- Consolidating cases in a centralized judges and attorneys; and personnel in matic personnel from embassies in location can help prevent local bias, schools, child protective services agen- Washington, DC, to serve on an in- ensure that decisions are made by cies, State missing children’s clearing- formal “working group” committed to judges with experience in Hague cases, houses, Federal agencies (including the overcoming barriers that prevent reso- and alleviate problems that arise when U.S. Department of State, U.S. Immigra- lution of international abduction cases. inexperienced local judges treat Hague tion and Naturalization Service, and Encourage foreign-based U.S. diplo- cases the same as custody cases. U.S. Customs Service), family services mats to establish similar informal organizations, and missing children’s groups in other countries, especially organizations. U.S. Department of State, those with high numbers of abductions Office of Children’s Issues from or to the United States. ◆ When possible, incorporate in training ◆ curriculums the experiences of left- Dissatisfaction with the performance of Continue efforts to increase the num- behind parents, both as writers and OCI has been expressed by many left- ber of countries that are party to the presenters. behind parents and by a number of pro- Hague Convention on the Civil Aspects fessionals in the field of missing children. of International Child Abduction. Many complaints relate to the functioning

15 ◆ Be more willing to use diplomatic pres- ◆ Change current rules regarding issu- sure or extradition to resolve abduc- ance of passports to minors so that all tion cases, particularly in non-Hague parents or guardians must give permis- cases and in Hague cases involving sion unless a current court order spec- countries from which few abducted ifies that permission of only one par- children are returned. ent is required. (The law was recently ◆ Provide parents with better assistance changed to require both parents to in finding low-cost translation services sign a passport application for chil- for the documents accompanying their dren under age 14, and new regula- Hague applications or foreign court tions will elaborate the specifics of proceedings. this requirement.)

Legal Assistance for Parents Support Networks for Parents The cost of attorneys in both the United States and foreign countries was extreme- Many of the left-behind parents surveyed ly high for most of the left-behind parents said they felt isolated. Others said they surveyed, and very few had access to were interested in providing help to other free legal assistance. Parents should have left-behind parents. Support groups and access to affordable attorneys and ad- networking opportunities for parents vocates. Recommendations include the should be created. following: One recommendation is to establish or ◆ Establish or expand pro bono and legal expand national, regional, and local sup- services programs for parents in cases port networks for left-behind parents. countries to be the designated agen- of international child abduction. Such efforts might include a “buddy” pro- cies to handle all cases involving those gram that pairs a parent whose child was ◆ Use volunteers from Court Appointed countries. This arrangement would previously abducted (and may or may not Special Advocate (CASA) programs or centralize knowledge and expertise, have yet been recovered) with a parent similar child advocacy programs to build on existing relationships with for- whose child has recently been abducted work with State clearinghouses and eign counterparts, and more efficiently to the same country; support groups for nonprofit organizations to help left- secure the return of children abducted parents whose children have been ab- behind parents access services and to and from those countries. For exam- ducted to the same country or category communicate with law enforcement ple, the California Deputy Attorney of countries (e.g., Hague countries, Islam- personnel, prosecutors, and others. General’s Office in San Diego could ic countries); and an Internet listserv for These volunteer advocates would also handle all cases between the United left-behind parents. (Since the study re- work to ensure services for children States and Mexico, and the New York port was written, OJJDP has supported after reunification with parents. State Missing and Exploited Children the establishment of Team HOPE, which Clearinghouse could handle all cases matches victim parents with parent vol- Interagency and between the United States and Canada. unteers who have had similar internation- International Cooperation Such an expansion of caseload would al child abduction experiences.) The return of a child in a case of interna- require commensurate increases in tional parental abduction requires a high funding for these agencies. level of cooperation not only among gov- Conclusion ernments but also among agencies within Legal and Procedural Although this study is the first compre- governments (police, courts, social ser- Changes hensive examination of international vices, foreign relations). The current level A number of existing laws and regulations parental abduction of children, the find- of cooperation should be increased. Rec- create obstacles that make the location ings are primarily qualitative and/or de- ommendations include the following: and recovery of internationally abducted scriptive and should therefore be inter- preted with caution. It is also important ◆ Enhance cooperation among agen- children very difficult. In some cases, ex- isting regulations actually make an inter- to note that the findings are based on the cies frequently involved in cases of perceptions of victims (the left-behind international child abduction. At the national abduction easier to accomplish. Some existing laws and regulations should parents) in these cases. Neither the al- Federal level, the Senior Policy Group leged abductors nor the abducted chil- and its Working Group on International be changed. Recommended changes in- clude the following: dren were surveyed for their perspective Parental Kidnapping were established on the issue. Additionally, it has been a to bring together representatives from ◆ Revise existing U.S. departure regula- few years since the study was completed the U.S. Departments of Justice and tions to require that adults accompa- in 1998, so some of the experiences of State to identify problems and work nying minors exiting the country must parents may be different today. Despite toward solutions in an effort to im- show proof of permission from all these limitations, however, the findings prove the Federal response to inter- parents or guardians or a valid court of this study provide policymakers and national parental abduction. order indicating that they alone can practitioners with a greater understanding ◆ Arrange for certain State offices that give permission. of the obstacles faced by parents in these are working well with neighboring cases and the strategies that communities

16 can use to prevent these abductions and access to records maintained by schools, explains applicable laws and identifies to assist in the recovery of abducted chil- hospitals, child welfare agencies, domes- both the public and private resources that dren. Perhaps most importantly, the find- tic violence shelters, and runaway shel- may be called upon when an international ings of this study provide OJJDP and ters. The Report also covers information abduction occurs or is threatened, and other agencies with guidelines to use in release procedures and includes a check- prepares parents for the legal and emo- developing resources and programs for list for maximizing record access from tional difficulties they may experience. all who must deal with these devastating service providers. The Report’s appen- International Parental Kidnapping: A Law cases—children, left-behind parents, law dixes contain additional information and Enforcement Guide (forthcoming) enforcement, prosecutors, and courts. relevant statistical data on the confiden- . This tiality of records in searches for missing guide provides practical information on children, jurisdictions that allow record the public and private resources and For Further access or impose reporting requirements services that are available to assist law Information in missing children cases, and State laws enforcement in international parental affecting record access. abduction cases. It explains applicable Additional information about parental laws, defines agency roles and responsibil- abduction is available from the organiza- The Criminal Justice System’s Response ities, describes criminal and civil reme- tions listed below. Brief descriptions of to Parental Abduction (NCJ 186160). This dies, examines methods for prevention selected publications available from each Bulletin summarizes primary findings and interception, and discusses important organization are also provided. from a study of the criminal justice sys- issues and procedures to be addressed tem’s response to parental abduction. during an international parental abduc- Organizations Funded by OJJDP and conducted jointly tion case. by the American Bar Association Center Office of Juvenile Justice and Issues in Resolving Cases of International on Children and the Law and Westat, the Delinquency Prevention (OJJDP) Child Abduction study examined all aspects of the sys- (NCJ 182790). This Report Child Protection Division documents a lack of uniformity in the 202–616–3637 tem’s response, including the reporting of the incident, investigation of the case, application of the Hague Convention 202–353–9093 (fax) across countries. It includes case histo- ojjdp.ncjrs.org location and recovery of the child, and criminal prosecution of the abductor. The ries, survey findings on left-behind par- National Center for Missing and Bulletin reports results from the study’s ents, selected practices in international Exploited Children (NCMEC) national survey of law enforcement agen- family abduction cases, and recommenda- 703–274–3900 cies and prosecutors, site visits, and case tions for the judicial and legal systems. 703–274–2222 (fax) file reviews and presents implications for Obstacles to the Recovery and Return of missingkids.com legal, programmatic, and policy reforms. Parentally Abducted Children (Report: NCJ U.S. Department of State, Office of Early Identification of Risk Factors for 144535; Research Summary: NCJ 143458). Children’s Issues (OCI) Parental Abduction (NCJ 185026). This These publications present the results of a 202–736–7000 Bulletin presents the design and findings 2-year study of the legal, policy, procedur- 202–663–2674 (fax) of four OJJDP-funded studies on prevent- al, and practical obstacles to the location, travel.state.gov/officeofchildissues.html ing family abductions. The findings pro- recovery, and return of children abducted vide information regarding the risk fac- by a noncustodial parent. They include National Center for Prosecution of tors associated with parental kidnapping recommendations to overcome each Child Abuse (NCPCA) and strategies that can be used to inter- obstacle and extensive appendixes that 703–739–0321 vene with at-risk families. describe the pros and cons of existing 703–549–6259 (fax) legal procedures for enforcing a custody ndaa-apri.org/apri/NCPCA/Index.html Family Abductors: Descriptive Profiles and order, sample forms to be used with exist- Preventive Interventions (NCJ 182788). ing legal procedures, and summaries of American Bar Association Center on This Bulletin describes preventive inter- both civil and criminal appellate decisions. Children and the Law (ABA CCL) ventions, such as counseling, conflict res- 202–662–1720 Parental Abduction: A Review of the Litera- olution, and legal strategies, that seek to 202–662–1755 (fax) ture settle custody and access disputes for (Available online only: ojjdp.ncjrs.org/ abanet.org/child families identified as at risk for parental pubs/missing.html#186160). This online abduction. resource summarizes current research Publications and literature related to the primary A Family Resource Guide on International OJJDP. The following documents are avail- issues involved in parental abduction. Parental Kidnapping (NCJ 190448). This able from OJJDP (see Publications on its Prevention of Parent or Family Abduction guide presents practical and detailed Web site or call the Juvenile Justice Clear- Through Early Identification of Risk Factors inghouse at 800–638–8736) or from the advice about preventing international kidnapping and increasing the chance that (NCJ 182791). Based on analyses of data National Criminal Justice Reference Service from several California studies related (visit ncjrs.org or call 800–851–3420). children who are kidnapped or wrongfully retained will be returned. It provides de- to child abductions by a noncustodial Addressing Confidentiality of Records in scriptions and realistic assessments of the parent, this Report outlines a set of Searches for Missing Children (NCJ 155183). civil and criminal remedies available in characteristics of parents who abduct This Report makes recommendations international parental kidnapping cases, their children and presents indepth concerning law enforcement agencies’ sociodemographic and legal information about the families of abducted children.

17 Using Agency Records To Find Missing types of missing child cases, including Convention on the Civil Aspects of Inter- Children: A Guide for Law Enforcement runaways, thrownaways, family/nonfamily national Child Abduction. (NCJ 154633). This Summary focuses on abductions, and disappearances in which The Hague Convention: A Curriculum for procedures for obtaining and using the the circumstances are unknown. American Judges and Lawyers. records of certain types of human ser- This 1997 When Your Child Is Missing: A Family Sur- vices providers to find missing children. publication explains how the Hague Con- vival Guide. It examines the use of, access to, bar- Also available from OJJDP; vention can be used effectively within the riers to, and limitations of records from see above for description. United States in international parental kidnapping cases. schools, medical care providers, runaway OCI. The following document is available shelters, and domestic violence shelters. from OCI (call 202–736–7000) or may Parental Kidnapping Prevention and Reme- When Your Child Is Missing: A Family Sur- be downloaded from the Web at travel. dies. This 1997 material is designed to vival Guide (NCJ 170022; Spanish Ver- state.gov/int’lchildabduction.html. help attorneys better understand parental abduction cases and applicable laws. It sion: NCJ 178902). This guide, written by International Parental Child Abduction. includes practical tips on protections that parents and family members who have This booklet summarizes what the State can be placed in child custody orders experienced the disappearance of a child, Department can and cannot do when a that may help prevent an abduction, tips explains how parents can best participate child is abducted. It also includes infor- that lawyers can give their parent clients, in the search for a missing child. It dis- mation on steps to guard against interna- a review of possible legal actions that can cusses the parents’ relationship with law tional child abduction, ways to search for be taken on parents’ behalf, and govern- enforcement, examines issues related to a child who is abducted abroad, consider- mental resources that can be used to help the media, and presents practical infor- ations in settling cases out of court, use of in these cases. mation about distributing fliers and pho- the Hague Convention to settle cases, le- tos, organizing volunteers, and managing gal solutions when the Hague Convention Parental Kidnapping Law Reform Package. monetary donations. does not apply, and considerations in fil- This package, produced in 1996, contains NCMEC. The following documents are ing criminal charges against an abductor. three proposed State laws related to parental abduction that can be adopted available from NCMEC (see Education NCPCA. The following documents are by State legislatures. The laws are the & Resources on its Web site or call available from NCPCA (see Publications Parental Kidnapping Crime Act, Missing 800–843–5678). on its Web site). Children Record Flagging Act, and Tor- Family Abduction. This handbook guides Charging the Parental Kidnapping Case. tious Interference With Child Custody parents through the civil and criminal This monograph assists prosecutors in and Visitation Act. justice systems, explains the laws that determining appropriate charges and sen- will help them, outlines prevention meth- tencing recommendations. It notes that ods, and provides suggestions for after- an aggressive investigative and prosecu- Endnotes care following the abduction. It thorough- torial approach sends the message that 1. Having ties to another country was ly details search and recovery strategies parental kidnapping is a serious crime identified as one of six risk profiles for and contains advice for attorneys, prose- with serious consequences for both vic- parental child abduction in a study con- cutors, and family court judges handling tims and abductors and recommends that ducted by Johnston and Girdner (1998). these cases. prosecution should be seriously consid- 2. NISMART 2, a followup study funded International Forum on Parental Child ered in every parental kidnapping case. by the Office of Juvenile Justice and Abduction: Hague Convention Action Investigation and Prosecution of Parental Delinquency Prevention, is currently Agenda. This report details the findings Abduction, 2000 (Training Conference under way. of a forum held in September 1998 to Notebook). This notebook contains train- 3. The 393-page full report, Issues in Re- study the Hague Convention on the Civil ing materials compiled for the 2000 solving Cases of International Child Ab- Aspects of International Child Abduction. NCPCA Conference, Investigation and duction, is available from the Juvenile It offers 12 action/agenda items to help Prosecution of Parental Abduction. Justice Clearinghouse. For additional strengthen implementation of the Hague information, see page 17. Convention. Parental Kidnapping, Domestic Violence and Child Abuse: Changing Legal Responses 4. In any given country, “incoming” cases “The Kid Is With a Parent, How Bad Can It to Related Violence. This monograph involve children who have been abducted Be?”: The Crisis of Family Abductions. This assists investigators and prosecutors in to, or wrongfully retained in, that country, issue brief discusses the seriousness of developing appropriate responses to the and “outgoing” cases involve children the problem of family abduction, consid- interrelated crimes of parental kidnapping, who have been wrongfully removed from ers whether the problem is growing, and domestic violence, and child abuse. that country or wrongfully retained in examines the challenges and opportuni- another country. “Return” cases seek the ties this crime poses to policymakers. ABA CCL. The following documents are child’s return, usually to the country of available from ABA CCL (see Issues/ habitual residence. “Access” cases seek Missing and Abducted Children: A Law- Parental Kidnapping on its Web site). to arrange visitation with the child. Enforcement Guide to Case Investigation and Program Management. This guide, Hague Child Abduction Convention Issue 5. Outcome options for Hague proceed- authored by a team of 38 professionals Briefs. This 1997 material consists of four ings are as follows: (1) judge orders child from local, State, and Federal agencies, issue briefs that can help attorneys han- returned to applicant country, (2) judge outlines a standard of practice for law dle cases that fall under the Hague denies petition for return (child remains enforcement officers handling several

18 in responding Central Authority’s country), Journal of Marriage and the Family abductions. Family and Conciliation (3) child is voluntarily returned, (4) other 53(3):805–817. Courts Review 36(3):392–409. (case is withdrawn or settled by parents, Forehand, R., Long, N., Zogg, C., and Klain, E.J. 1995. Parental Kidnapping, Do- child is not located, or case is pending). Parrish, E. 1989. Child abduction: Parent mestic Violence and Child Abuse: Chang- Study findings revealed great variation in and child functioning following return. ing Legal Responses to Related Violence. case outcomes. The percentage of return Clinical Pediatrics 28(7):311–316. Arlington, VA: American Prosecutors Re- orders, for example, ranged from an aver- search Institute. age of 5 percent to 95 percent, depending Girdner, L. 1994a. Chapter 1: Introduction. on the responding Central Authority. In Obstacles to the Recovery and Return of Markey, J.D. 1993. Statistical report of the Parentally Abducted Children: Final Report, United States Central Authority for the 6. In England, there are two types of prac- edited by L. Girdner and P. Hoff. Washing- Hague Convention on the Civil Aspects ticing lawyers: barristers and solicitors. ton, DC: U.S. Department of Justice, Office of International Child Abduction, U.S. In general, barristers engage in advocacy of Justice Programs, Office of Juvenile Department of State, Child Custody Di- (trial work) and solicitors perform office Justice and Delinquency Prevention, pp. vision. Data presented at the Second Meet- work. 1–1 to 1–13. ing of the Special Commission To Review 7. As of 1998, when the study report was Girdner, L. 1994b. Chapter 4: Legal and the Operation of the Hague Convention on written, an increase in staff was expected judicial practices in parental abduction the Civil Aspects of International Child because the responsibilities of the U.S. cases, Part A: Practices of judges and Abduction, The Hague, Netherlands, Central Authority would expand once lawyers survey results. In Obstacles to January 18–21, 1993. the Hague Convention on Intercountry the Recovery and Return of Parentally Noble, D.N., and Palmer, C.E. 1984. The Adoption was enacted. (Since the report Abducted Children, Final Report, edited by painful phenomenon of child snatching. was written, staff size has increased L. Girdner and P. Hoff. Washington, DC: Social Casework 65(6):330–336. and the Adoption Convention has been U.S. Department of Justice, Office of Plass, P., Finkelhor, D., and Hotaling, G.T. ratified and implementing legislation Justice Programs, Office of Juvenile enacted.) It is not known, however, how 1995. Police response to family abduction Justice and Delinquency Prevention, episodes. Crime and Delinquency this will affect the amount of attention pp. 4A–1 to 4A–23. given to parental abduction cases. 41(2):205–217. Grasso, K.L., Ryan, J.F., and Wells, S.J. 1996. Schetky, D.H., and Haller, L.H. 1983. Child Part 3: The criminal justice system’s re- References psychiatry and law: Parental kidnapping. sponse to parental abduction in six sites. Journal of the American Academy of Child Agopian, M.W. 1981. Parental Child Steal- In The Criminal Justice System’s Response Psychiatry 22(2):279–285. ing. Lexington, MA: Lexington Books. to Parental Abduction: Final Report, edited by K. Grasso. Washington, DC: U.S. Depart- Senior, N., Gladstone, T., and Nurcombe, Agopian, M.W. 1984. The impact on children ment of Justice, Office of Justice Programs, B. 1982. Child snatching; A case report. of abduction by parents. Child Welfare Office of Juvenile Justice and Delinquency Journal of the American Academy of Child 63(6):511–519. Prevention, pp. 3–1 to 3–146. Psychiatry 21(6):579–583. Agopian, M.W. 1987. International abduc- Hatcher, C., Barton, C., and Brooks, L. Terr, L. 1983. Child snatching: A new epi- tion of children: The United States experi- 1992. Families of Missing Children. Final demic of an ancient malady. The Journal ence. International Journal of Comparative Report. Washington, DC: U.S. Department of Pediatrics 103(1):151–156. and Applied Criminal Justice 11(2):231–239. of Justice, Office of Justice Programs, Of- U.S. Department of State. 1997. Interna- Bruch, C. 1994. The Central Authority’s fice of Juvenile Justice and Delinquency tional Parental Child Abduction, 11th ed. role under the Hague Child Abduction Prevention. Washington, DC: U.S. Department of State, Convention: A friend in deed. Family Law Hatcher, C., and Brooks, L. 1994. Chapter Bureau of Consular Affairs, Office of Quarterly 28(1):35–52. 12: Perspectives from left-behind parents Children’s Issues. Chiancone, J., and Girdner, L. 1998. Issues and their helpers in specific cases. In in Resolving Cases of International Child Obstacles to the Recovery and Return This Bulletin was prepared under grant num- Abduction. Washington, DC: U.S. Depart- of Parentally Abducted Children: Final ber 93–MC–CX–0007 from the Office of Juvenile ment of Justice, Office of Justice Pro- Report, edited by L. Girdner and P. Hoff. Justice and Delinquency Prevention, U.S. De- grams, Office of Juvenile Justice and Washington, DC: U.S. Department of Jus- partment of Justice. Delinquency Prevention. tice, Office of Justice Programs, Office of Points of view or opinions expressed in this Finkelhor, D., Hotaling, G., and Sedlak, A. Juvenile Justice and Delinquency Pre- document are those of the authors and do not 1990. Missing, Abducted, Runaway, and vention, pp. 12–1 to 12–88. necessarily represent the official position or Thrownaway Children in America. First Hegar, R.L. 1990. Parental kidnapping and policies of OJJDP or the U.S. Department of Report of National Incidence Studies. U.S. social policy. Social Science Review Justice. Washington, DC: U.S. Department of Jus- 64(3):407–421. tice, Office of Justice Programs, Office Janvier, R., McCormick, K., and Donald- The Office of Juvenile Justice and Delin- of Juvenile Justice and Delinquency son, R. 1990. Parental kidnapping: A quency Prevention is a component of the Of- Prevention. survey of left-behind parents. Juvenile fice of Justice Programs, which also includes Finkelhor, D., Hotaling, G., and Sedlak, A. and Family Court Journal 41(1):1–8. the Bureau of Justice Assistance, the Bureau 1991. Children abducted by family mem- of Justice Statistics, the National Institute of Johnston, J., and Girdner, L. 1998. Early bers: A national household survey of Justice, and the Office for Victims of Crime. identification of parents at risk for cus- incidence and episode characteristics. tody violations and prevention of child

19 U.S. Department of Justice PRESORTED STANDARD Office of Justice Programs POSTAGE & FEES PAID Office of Juvenile Justice and Delinquency Prevention DOJ/OJJDP PERMIT NO. G–91

Washington, DC 20531 Official Business Penalty for Private Use $300

Bulletin NCJ 190105

Acknowledgments Share With Your Colleagues This Bulletin was prepared by Janet Unless otherwise noted, OJJDP publications are not copyright protected. We Chiancone, Program Manager, Re- encourage you to reproduce this document, share it with your colleagues, and search and Program Development reprint it in your newsletter or journal. However, if you reprint, please cite OJJDP Division, OJJDP; and Linda Girdner, and the authors of this Bulletin. We are also interested in your feedback, such as Ph.D., Project Director, and Patricia how you received a copy, how you intend to use the information, and how OJJDP Hoff, Esq., Legal Director, Parental materials meet your individual or agency needs. Please direct your comments and Abduction Training and Dissemination questions to: Project, ABA Center on Children and the Law. The section on the United Juvenile Justice Clearinghouse Kingdom Child Abduction Unit was Publication Reprint/Feedback written by Michael Nicholls, former P.O. Box 6000 Central Authority for the United Rockville, MD 20849–6000 Kingdom. 800–638–8736 301–519–5600 (fax) Photos copyright © Artville (page 4) E-mail: [email protected] and PhotoDisc (pages 11 and 16).