Friday, March 14, 2014

Testimony of Peter Thomas Senese of the I CARE Foundation Presented To The U.S. Senate

On February 27th, 2014 the U.S. Senate's Committee on Foreign Relations conducted a hearing before the Honorable Committee Chairman Senator Menendez and Majority Representative Senator Crocker to discuss international parental child abduction and proposed HR. 3212 legislation allowing the President of the United States the ability to sanction other countries the U.S. government believes to be non-complying with the 1980 Hague Child Abduction Convention.

The I CARE Foundation applauds all stakeholders working to stop abduction while advocating for the rightful return of all abducted children to their country of original jurisdiction. There is no question that a collective effort by all countries to prevent child abduction and efficiently return abducted children to their home country must immediately occur. This said, we believe it critical that all offered solutions protect the viability of the 1980 Hague Child Abduction Convention, and, not jeopardize the recovery of children presently abducted or who may be a target of abduction in the future.

Respectfully, we submit that the testimony provided by Peter Thomas Senese on behalf of the I CARE Foundation supports an immediate synchronized efforts by all U.S. Ambassadors to resolve the issues of American child-victims of kidnapping while escalating the functionality of the Hague Conference Secretariat. Contrary to the position of others who have submitted testimony to the U.S. Senate Committee on Foreign Relations, we believe passing legislation granting the United States government to sanction any other country for non-compliance to the 1980 Hague Child Abduction Convention or creating and upholding an MOU must only occur if all other options are explored and have failed. This has not occurred as of yet.  In addition, we respectfully submit that the failure of abducted children to be returned to their home country is not simply an American problem but a global pandemic. The reality is there are many children wrongfully detained in the United States due to actions that have unfolded in American courtrooms that are not in line with the intent and guidelines established by the 1980 Hague Child Abduction Convention, thus creating significant hardship for families living abroad victimized by abduction.  These issues and viable solutions are offered in Mr. Senese's submitted testimony.

We believe there are key immediate provisions the U.S. government can implement that will prevent abduction, and on a global scale, we believe several of the recommendations provided in Mr. Senese's extensive testimony offer real solutions on the global abduction front. In particular, we believe the I CARE Foundation's 'International Child Travel Consent Form' is the most efficient and effective tool all signatory countries of the 1980 Hague Child Abduction Convention must utilize.

Testimonial Of Peter Thomas Senese

We invite you to read the testimony submitted to the U.S. Senate Committee on Foreign Relations by Mr. Peter Thomas Senese on behalf of the I CARE Foundation along with the insightful testimony of:

Ambassador Susan Jacobs on behalf of the U.S. Department of State
Mr. Ernie Allan on behalf of the International Center for Missing and Exploited Children
Mr. David Goldman of the Bring Sean Home Foundation

Sunday, August 4, 2013

Hague Convention International Child Abduction Prevention Tool Launched

Peter Thomas Senese & The I CARE Foundation's Hague Convention Oriented International Child Abduction Prevention Tool Provides Family Lawyers New Weapon To Protect Children

Family law attorneys worldwide are calling The I CARE Foundation’s groundbreaking International Travel Child Consent Form as a groundbreaking universal child abduction prevention tool that can be used to protect children at risk of international parental abduction.

 
The I CARE Foundation’s International Travel Child Consent Form is being viewed by highly respected international family law attorneys around the world who are deeply familiar with the grave challenges of international parental child abduction prevention and reunification as a significant new tool that may assist them and courts protect against abduction.

Worldwide, international parental child abduction increases substantially during the summer months when children are on summer school break. One of the primary methods behind these abductions under the rules established by the Hague Convention on the Civil Aspects of International Child Abduction occurs when a parent wrongfully detains a child in a foreign country outside of a court order or without consent of the other parent after the ‘taking parent’ is initially granted permission to travel with the child to a foreign country.

In many of these cases the ‘taking parent’ carefully conspires to mislead and defraud the courts and the ‘targeted parent’ of their true intent: to relocate in their country of origin with the child while removing the targeted parent's contact with their child. Detecting abduction schemes is often not easy. In fact, some parents conceal their true intent to abduct by inviting the child's other parent to travel abroad with them in an attempt to avoid suspicion of abduction. However, once in a foreign country (often the conspiring parent's country of origin), the conspiring parent unleashes a horrible scheme intended to remove the other parent’s rights to the child. They often succeed.

The I CARE Foundation’s comprehensive 'International Travel Child Consent Form' was created to prevent these types of international parental child abduction schemes by calling for both parties to affirm key components central to the ability for an abductor to mount a false and misleading legal defense while also creating additional affirmations for an expeditious return of a child who has been wrongfully detained.

Steep in Hague-oriented case law with focus on Articles 1, 12, 13 and 20, the I CARE Foundation's International Travel Child Consent Form was created to remove a parent's legal defenses under Articles 12, 13, and 20 of the Hague Convention who may be scheming to abduct a child prior to an alleged 'family vacation' abroad while also establishing strong support for a child’s immediate return under Article 1 of the Hague Convention.


Silvia A. Sejas Pardo, a highly respected Argentinean and Spanish international lawyer based in Spain and who is a Founding Member of FASIM, an international association of attorneys dedicated to preventing child abduction commented, "We need to continue to treat child abduction and prevention of kidnapping as something extremely exceptional as we are dealing with children's lives. The uncertainty and abuse related to abduction is not in their interest. The I CARE Foundation's International Travel Child Consent Form is workable and would make child abduction more difficult as this document is a legally strong piece of evidence that may result in protecting many children. I hope all Hague-member states embrace this initiative."

Peter Thomas Senese of the I CARE Foundation and author of the critically acclaimed Chasing The Cyclone and lead creator of the consent form added, "The new abduction prevention tool was created to help provide clarity and directional paths for any court or law enforcement agency overseeing international parental child abduction associated with the wrongful retention of a child abroad. As the new international travel consent form reaches into Central Authorities and courtrooms around the world, and as attorneys dedicated to protecting children implement this tool or one similar to what the I CARE Foundation has created, we hope that there is a dramatic decline in abusive child abductions. We may not have created a new law, but we have created a universal child abduction prevention tool the entire world can use."

Mexico’s Carlos Alvarado, a renowned international family lawyer specializing in international parental child abduction prevention and reunification issues, and who is actively involved in new legislation initiatives in Mexico focused on protecting children of abduction added, "As a law practitioner deeply familiar with Hague Convention law and the great challenges parents and lawyers have protecting children targeted for international abduction, it is critical that new and creative abduction prevention tools are utilized to protect children. The I CARE Foundation's International Travel Child Consent Form is an important tool that can and should be used to prevent children from being wrongfully detained in a foreign country. We intend to widely implement this new tool to protect children in Mexico and whenever possible, assist parents who have had a child abducted to Mexico who have utilized this agreement. This is a tool all attorneys should use." 

Adding further insight, renown Florida family law attorney Denise Gunn, who is a member of the U.S. Department of State’s Hague Convention Attorney Network and who recently prevented the abduction of two minors from Florida to a non-Hague Middle Eastern country in a complex custody dispute added, “New and applicable international child abduction prevention resources such as the I CARE Foundation's International Travel Child Consent form is a critically needed tool to stop the abusive criminal act of parental abduction. Once implemented, the foundation's groundbreaking Hague Convention-oriented travel consent form should protect a large population of at-risk children around the world who are targeted for wrongful retention under the rules of local and international law. The ingenuity and thoughtful creation of this agreement illustrates the expertise and commitment of the I CARE Foundation to protect children."

Linda Hammerschmid is Secretary of the Family Law Association of Quebec and a Family Law practitioner in Montreal Canada with over 30 years’ experience in the field. Ms. Hammerschmid commented, “The creation of the new International Travel Consent form is a MUST have, not only for Government Departments, Family Law Attorneys and divorcing couples, but also for INTACT families, and should be kept at the homes of ALL parents to use whenever one or the other wishes to travel alone with their children. Far too often the traveling parent only informs the other, AFTER departure, of their intention not to return the children.” The I CARE Foundation is a non-profit organization dedicated to preventing child abduction.

Jennifer Cluff, one of the world’s foremost parenting blog writers who has stewarded the message of child abduction prevention on her Mom-ology parent site added, “Parents at risk of having a child kidnapped often are not aware of the scheme against them. The I CARE Foundation's tool is something all parenting-focused writers need to share with their readers, especially since the majority of our reader-base is the near-identical demographic of targeted parents.”

To download a copy of the 'International Travel Child Consent Form' in English or Spanish please visit the I CARE Foundation's official website. For more information about suggestions on how to implement the form and to obtain the legal analysis used to create this abduction prevention tool, please contact by email: legal@stopchildabduction.org or call 310.882.3967.

*NOTE: The press news release does not constitute legal advice. Should you require assistance please consult with a qualified attorney.


Peter Thomas Senese and I CARE Foundation Launch International Travel Child Consent Form To Stop Child Abduction

Peter Thomas Senese & The I CARE Foundation's Hague Convention Oriented International Child Abduction Prevention Tool Provides Family Lawyers New Weapon To Protect Children

Family law attorneys worldwide are calling The I CARE Foundation’s groundbreaking International Travel Child Consent Form as a groundbreaking universal child abduction prevention tool that can be used to protect children at risk of international parental abduction.

The I CARE Foundation’s International Travel Child Consent Form is being viewed by highly respected international family law attorneys around the world who are deeply familiar with the grave challenges of international parental child abduction prevention and reunification as a significant new tool that may assist them and courts protect against abduction.

Worldwide, international parental child abduction increases substantially during the summer months when children are on summer school break. One of the primary methods behind these abductions under the rules established by the Hague Convention on the Civil Aspects of International Child Abduction occurs when a parent wrongfully detains a child in a foreign country outside of a court order or without consent of the other parent after the ‘taking parent’ is initially granted permission to travel with the child to a foreign country.

In many of these cases the ‘taking parent’ carefully conspires to mislead and defraud the courts and the ‘targeted parent’ of their true intent: to relocate in their country of origin with the child while removing the targeted parent's contact with their child. Detecting abduction schemes is often not easy. In fact, some parents conceal their true intent to abduct by inviting the child's other parent to travel abroad with them in an attempt to avoid suspicion of abduction. However, once in a foreign country (often the conspiring parent's country of origin), the conspiring parent unleashes a horrible scheme intended to remove the other parent’s rights to the child. They often succeed.

The I CARE Foundation’s comprehensive 'International Travel Child Consent Form' was created to prevent these types of international parental child abduction schemes by calling for both parties to affirm key components central to the ability for an abductor to mount a false and misleading legal defense while also creating additional affirmations for an expeditious return of a child who has been wrongfully detained.

Steep in Hague-oriented case law with focus on Articles 1, 12, 13 and 20, the I CARE Foundation's International Travel Child Consent Form was created to remove a parent's legal defenses under Articles 12, 13, and 20 of the Hague Convention who may be scheming to abduct a child prior to an alleged 'family vacation' abroad while also establishing strong support for a child’s immediate return under Article 1 of the Hague Convention.


Silvia A. Sejas Pardo, a highly respected Argentinean and Spanish international lawyer based in Spain and who is a Founding Member of FASIM, an international association of attorneys dedicated to preventing child abduction commented, "We need to continue to treat child abduction and prevention of kidnapping as something extremely exceptional as we are dealing with children's lives. The uncertainty and abuse related to abduction is not in their interest. The I CARE Foundation's International Travel Child Consent Form is workable and would make child abduction more difficult as this document is a legally strong piece of evidence that may result in protecting many children. I hope all Hague-member states embrace this initiative."

Peter Thomas Senese of the I CARE Foundation and author of the critically acclaimed Chasing The Cyclone and lead creator of the consent form added, "The new abduction prevention tool was created to help provide clarity and directional paths for any court or law enforcement agency overseeing international parental child abduction associated with the wrongful retention of a child abroad. As the new international travel consent form reaches into Central Authorities and courtrooms around the world, and as attorneys dedicated to protecting children implement this tool or one similar to what the I CARE Foundation has created, we hope that there is a dramatic decline in abusive child abductions. We may not have created a new law, but we have created a universal child abduction prevention tool the entire world can use."

Mexico’s Carlos Alvarado, a renowned international family lawyer specializing in international parental child abduction prevention and reunification issues, and who is actively involved in new legislation initiatives in Mexico focused on protecting children of abduction added, "As a law practitioner deeply familiar with Hague Convention law and the great challenges parents and lawyers have protecting children targeted for international abduction, it is critical that new and creative abduction prevention tools are utilized to protect children. The I CARE Foundation's International Travel Child Consent Form is an important tool that can and should be used to prevent children from being wrongfully detained in a foreign country. We intend to widely implement this new tool to protect children in Mexico and whenever possible, assist parents who have had a child abducted to Mexico who have utilized this agreement. This is a tool all attorneys should use." 

Adding further insight, renown Florida family law attorney Denise Gunn, who is a member of the U.S. Department of State’s Hague Convention Attorney Network and who recently prevented the abduction of two minors from Florida to a non-Hague Middle Eastern country in a complex custody dispute added, “New and applicable international child abduction prevention resources such as the I CARE Foundation's International Travel Child Consent form is a critically needed tool to stop the abusive criminal act of parental abduction. Once implemented, the foundation's groundbreaking Hague Convention-oriented travel consent form should protect a large population of at-risk children around the world who are targeted for wrongful retention under the rules of local and international law. The ingenuity and thoughtful creation of this agreement illustrates the expertise and commitment of the I CARE Foundation to protect children."

Linda Hammerschmid is Secretary of the Family Law Association of Quebec and a Family Law practitioner in Montreal Canada with over 30 years’ experience in the field. Ms. Hammerschmid commented, “The creation of the new International Travel Consent form is a MUST have, not only for Government Departments, Family Law Attorneys and divorcing couples, but also for INTACT families, and should be kept at the homes of ALL parents to use whenever one or the other wishes to travel alone with their children. Far too often the traveling parent only informs the other, AFTER departure, of their intention not to return the children.” The I CARE Foundation is a non-profit organization dedicated to preventing child abduction.

Jennifer Cluff, one of the world’s foremost parenting blog writers who has stewarded the message of child abduction prevention on her Mom-ology parent site added, “Parents at risk of having a child kidnapped often are not aware of the scheme against them. The I CARE Foundation's tool is something all parenting-focused writers need to share with their readers, especially since the majority of our reader-base is the near-identical demographic of targeted parents.”

To download a copy of the 'International Travel Child Consent Form' in English or Spanish please visit the I CARE Foundation's official website. For more information about suggestions on how to implement the form and to obtain the legal analysis used to create this abduction prevention tool, please contact by email: legal@stopchildabduction.org or call 310.882.3967.

*NOTE: The press news release does not constitute legal advice. Should you require assistance please consult with a qualified attorney.


Wednesday, July 17, 2013

Child Custody, Divorce, Parental Abduction: How To Protect Your Children From International Parental Abduction


'How do I protect and prevent my child from being internationally abducted by their other parent?' This question is often asked by parents in messy and nasty divorces especially when the child's other parent was born in a foreign country and may still be a citizen of that country.

Yes - parents who are getting divorced to a person who is a citizen of another country than the country they live in have to be aware of the warning signs and risk factors of international parental child abduction.

Divorce and child custody disputes create serious concern when a foreign born parent wants to take their child and travel to a foreign country. As the terminology 'International Parental Child Abduction' becomes more mainstream, parents involved born in two different countries now involved in divorce or separation proceedings must be aware of the warning signs and risk factors of international parental child abduction.

Summer is the time of year when children are targeted for international parental child abduction.

Parental abduction is a serious crime that often can place the child in serious danger.  In fact, a special report by the U.S. Government confirmed that children who are parentally abducted are often in great risk of being severely injured and even murdered by their abducting parent.

So, parents who have or are presently going through a divorce, particularly with a person who was born in a foreign country, must be extremely aware of the risk factors associated with allowing a child to travel to a foreign country once divorce proceedings have commenced.

Know the warning signs and risk factors of international parental child abduction.

Any parent who is considering to allow a child to travel abroad with the other parent, or any parent who has had a court grant the other parent permission to travel outside of the country with their other parent should strongly consider using the I CARE Foundation's International Travel Child Consent Form.  The consent form was designed to assist parents prevent child abduction.

Today is July 1st, 2013. The summer is now here. So too is the fact that the summer season is international parental child abduction season.

Parents need to educate themselves and stop child abduction.

For more information, please visit the I CARE Foundation.

Saturday, June 22, 2013

How To Stop International Parental Child Abduction and the Wrongful Detention of a Child

Each summer, thousands of clever child abductors will commit the crime of international parental child abduction by creating a scheme to legally travel with a child to a foreign country and then not return them to their home country, often violating either a court order, the rights of custody from the other parent, or both. 

Under the Hague Convention, the wrongful detention of a child is abduction.  Under most countries' laws, this is a criminal act of kidnapping.


The reality is that wrongful detention of a child under the rules of the Hague Convention appears to be the most common form of abduction. Parents need to know and understand the risk factors associated with allowing a child to travel abroad and act proactively to protect them.

RECIEVE A FREE COPY OF THE I CARE FOUNDATION'S

Unfortunately, there are many abduction defenses that are implemented as part of an abductor's strategy to have a court sanction their act of kidnapping.

There is no question abduction is complicated.  Especially for someone who first experiences the betrayal and fraud associated with abduction.

Recently, the I CARE Foundation launched a very unique abduction prevention tool: one that has never before been created.  It is a universal international travel child consent agreement that was created to remove possible legal defenses associated with an abductor's scheme to wrongfully detain a child abroad.

Please visit the I CARE Foundation to receive a copy of the international travel child consent agreement or to learn more about the criminal act and schemes of parental child abduction.

Kind regards to all,

Peter Thomas Senesehttp://www.stopchildabduction.org/Peter_Thomas_Senese_I_CARE.html

Sunday, June 9, 2013

Conspiracy. Scams. Fraud. Warning Signs of International Child Abduction: CONSENT TO TRAVEL

Peter Senese: Summer Scams: Ways Abductors Fraudulently Trick Parents. International Parental Child Abduction

Fraud, consiracy, and heartbreaking schemes intended to destroy the family bond, and on many occassions, see a targeted parent arrested, are all part of the bizarre world of international parental child abduction. And while the evil schemes of an abductor unfolds, often in front of the blind eye of a parent, law enforcement, or the courts, children's lives are at stake, including the real threat of parent child murder at the hands of scheming child abductors, as shared this past week by the Department of Justice.

THE ARTICLE 13 CONSENT OR ACQUIESCENCE DEFENSE: PETITIONERS CONSENTED TO OR ACQUIESCED IN THE REMOVAL OR RETENTION

I have previously written that during the summer school break children are at the highest risk of being a victim of international parental child abduction.  Often, cases of international child abduction that occurs during this time of year is when a parent initially travels with their child abroad with consent from the child's other parent. Often, the other parent (typically unsuspecting of any acts of abduction) will travel with scheming parent who is in reality, in the process of fraudulently planning an international child abduction.  Once the scheming parent arrives in the country they are visiting, they unleash their abduction scheme, which can include legal petitions stating that the other parent had in fact consented to a relocation before they left the child's country of original jurisdiciton, or had subsequently agreed to relocate while in the new country.
This is a very serious matter, and I know many parents who were victimized by abduction under The Hague Convention's Article 13 - Consent or Acquiescense Defense.
During the coming summer ... parents traveling abroad really need to understand some of the do's and do not's!

Under Article 13(a) of the Hague Convention, the court is not bound to return a child if the respondent establishes that the petitioner consented to or subsequently acquiesced in the removal or retention. Both defenses turn on the petitioner’s subjective intent, but they are distinctly different. The defense of consent relates to the petitioner’s conduct before the child’ removal or retention, whereas the defense of acquiescence relates to “whether the petitioner subsequently agreed to or accepted the removal or retention.” The respondent must prove these defenses by a preponderance of the evidence; however, even if one of these defenses is proven successfully, the court nonetheless retains discretion to order the child’s return.

Courts have expressed that such consent can be proved successfully with relatively informal statements or conduct. Because consent requires little formality, courts will look beyond the words of the consent to the nature and scope of the consent, keeping in mind any conditions or limitations imposed by the petitioner. Conversely, the Friedrich v. Friedrich (Friedrich II) court held that acquiescence requires “an act or statement with the requisite formality, such as testimony in a judicial proceeding; a convincing written renunciation of rights; or a consistent attitude of acquiescence over a significant period of time.” The following are some of the most common arguments and actions that parents use in their attempts to prove or disprove the defenses of consent and acquiescence.

1.      Authorization To Travel.

Often, a respondent produces a signed “Authorization to Travel” document as evidence that the petitioner gave consent for the child to change residences. Courts rarely accept this as evidence that the other parent consented to the child’s removal. In Mendez Lynch v. Mendez Lynch, the court held that an Authorization to Travel, which allowed the children to travel freely, did not indicate that the other parent gave up his legal rights of custody. There, a father signed a broad Authorization to Travel that allowed the mother of the children to take the children out of Argentina. The court held that the “evidence [was] clear that the written consents to travel were given to facilitate family vacation-related travel, not as consent to unilaterally remove the children from Argentina at the sole discretion of Respondent.”


2. Words And Actions Of Left-Behind Parents.

Courts frequently echo the warning of the Friedrich II court that “[e]ach of the words and actions of a parent during the separation are not to be scrutinized for a possible waiver of custody rights.” Here, a third party claimed that Mr. Friedrich stated that he was not seeking custody of his child because he lacked the means to support the child. The Sixth Circuit responded that, even if the statement was made, it is “insufficient evidence of subsequent acquiescence.” Additionally, “isolated statements to third parties are not sufficient to establish consent or acquiescence.”


3. Nature Of Children’s Removal.

When the abducting parent removes the child in a secretive fashion – for example, during the night, while the other parent is away, or without informing the other parent – a court is more likely to find that the other parent did not consent or acquiesce to the child’s removal. In Friedrich II, the Sixth Circuit stated that “[t]he deliberately secretive nature of [the mother’s] actions is extremely strong evidence that [the father] would not have consented to the removal of [the child].” One court referenced the abducting parent’s “deception,” which prevented any acquiescence by the left-behind parent.

For more information on International Parental Child Abduction in the United States, please visit the Department of State's Office of Children's Issues website.  In Canada, please visit the Ministry of Justice. You may also visit the I CARE Foundation or the official website of Peter Thomas Senese's Chasing The Cyclone for extensive information on abduction.

Remember, each of us can help protect children by raising awareness of IPCA.  I invite you to read just how important it is to stop abduction by reading 'Testimonial letters about Peter Thomas Senese and the I CARE Foundation'.

And remember, each of our own individual voices does matter.  We can all make a positive difference in the life of one another. Miracles do happen!



Saturday, June 1, 2013

Peter Senese: Heroes Live Heroically. How To Make A Difference For Others

Hero. Heroes. Heroically.

These words are occasionally used in society. But have you ever really asked yourself, "What is the definition of a hero or what does a person do when they act heroically?"

Over the last few years I have written about individuals I consider to be heroes in the 'Peter Senese: Today's Heroes' retrospective I have enjoyed sharing with others.
 
During this same period of time, I have continued to ask myself, "What is a hero? Who are heroes in my life? And what do they do heroically?"

As a stakeholder in the fight to stop child abduction, I have had a unique view on the polar extremes of good vs. bad, selfless vs. selfish, and heroic vs. narcissistic.

Mike Dilbeck, who appears to be one terrific guy, is the Founder & President of 'The Response Ability Project: Empowering People to Intervene in Problem Situations and Be an Every|Day Hero™ shared his definition of what is a hero:
Heroes are people who transform compassion (a personal virtue) into heroic action (a civic virtue). In doing so, they put their best selves forward in service to humanity. A hero is as an individual or a network of people that take action on behalf of others in need, or in defense of integrity or a moral cause.
 
According to the Heroic Imagination Project: a Heroic action is
1. Engaged in voluntarily;
2. Conducted in service to one or more people or the community as a whole;
3. Involving a risk to physical comfort, social stature, or quality of life; and
4. Initiated without the expectation of material gain.
There is another aspect of a heroic action that I think critically defines a heroic action:

                    5. To live Unbowed through courage and within your morals, values, and beliefs.

 

Mr. Dilbeck expanded on the Heroic Imagination Project when he added, "When you consider this interpretation, you can really get that heroism is the other side of the coin — the opposite — of bystander behavior. When you voluntarily engage in an activity that is in service to someone else, or the community as a whole, and you take a risk in doing so AND do it without any expectation of material gain: you are a hero! You are not a bystander.

"Heroism is not random acts of kindness, as great as they are. Heroism is very distinct. A hero is not someone you simply admire or respect. A hero is a very distinct person."

Is it a fair assessment to say that most of us want to be heroes?

Probably.

Why?

Because each of us, in our own way, would like to live in freedom, and in doing so, know that we can make a positive difference for others.

Is wanting to make a difference for others narcissistic, egotistical, or self-promoting?

Absolutely not. Particularly when you voluntarily make a positive difference for others (plural), and in the process of doing so, you seek nothing in return other than a positive outcome for those who may be in need of assistance. Underscoring the selfless act is that a heroic action may at times place a person at physical risk or reduce their quality of life.

On more occasion than not, I have met others who have not been confident enough in who they are to act heroically. This lack of courage often causes them to be bystanders of life. In many ways, it causes us to walk through life without living it. Without courage to be free in who we are, we do not know freedom. Without belief in our own morals, values, and ability, we bow to what is around us, seldom standing up for what we believe in.

This is why, I have learned that in order to be Heroic a person must first and foremost live Unbowed. It is a lesson taught from one of the most heroic individuals who ever lived: Nobel Laurette Professor Wangari Maathai - the first African women to ever be awarded the Nobel Peace Prize.

So at the end of the, perhaps we can say that a hero is a person who acts heroically because they first learned to believe in themselves.

On this note, I have been so blessed because I am surrounded by heroes who act heroically as a way of life.
"Human rights are not things that are put on the table for people to enjoy. These are things you fight for and then you protect." ― Wangari Maathai
 
 
 
I would like to share this idea with you:
"There is nothing that the world can offer you that is more satisfying and meaningful than being able to make a positive difference for those around you.  Find your courage, and then get involved." -- Peter Senese
 
 In ending this, I hope I have given you a few seeds of inspiration to get involved.

Lastly, I would like to leave you with this final thought as shared by the Heroic Imagination Project:

Heroism is the active attempt to address injustice or create positive change in the world despite pressures to do otherwise. It may involve coping effectively in unclear or emergency situations, helping others in need, or may involve setting and achieving goals to promote the well-being of others. Habits of wise and effective acts of heroism can be learned, encouraged, modeled, and are achievable by anyone at any point in their lives.

 
With best wishes,

Peter Senese
(Read sworn testimonials about how Peter Senese helped protect children from abduction)


Thursday, May 30, 2013

Arresting, Prosecuting, and Jailing International Parental Child Abductors May Dramatically Stop Kidnappings

Arresting, prosecuting, and jailing international parental child abductors would more than likely have a positive impact on the number of children who are internationally kidnapped each year.

The reason behind this notion is that the majority of scheming, fraudster, scamming abductors do not believe that they will be prosecuted or go to jail for their act of kidnapping. They think that because they are the parent of the child they have snatched, they have immunity. 

Sadly, and all too often, they have been right as judges and law enforcement have been reluctant to prosecute. Is it complicated?  You bet it is. And the choice for a targeted parent or law enforcement officer to seek criminal charges against a parental abductor are not easy. This is discussed below.

However, we must remind ourselves . . . and it is not difficult to do so, but we must, that parental child abduction is a highly abusive criminal act against a child. Along the way, and prior to the abduction, a conspired scheme against a targeted parent and defenseless child is hatched. One that often includes the breach of many criminal laws or court orders.

And very rarely do we ever speak about the targeted parent. Make no mistake, they too are victims of schemes associated with IPCA. Often, they lose everything: the financial burden of reunification falls on their shoulders. The consumption of their child disappearing in a sea of 7 billion people envelopes them. The are enveloped by the reality that their child is being taught to hate while also living the life of a fugitive. And most of all, in their sense of hopelessness, they are the candle holders of the other parents truth: often a truth concerning a sociopath willing to do anything to accomplish their narcissistic goals. Quietly, at times they look up into the sky, perhaps at times seeing the constellation Orion, or the Big Dipper, and they may pray that their child is alive, for they know, but they don't want to admit it, that parental child murder is real.  And so, they live a life consumed by fear, disappointment, and helplessness.

All because their child's other parent internationally kidnapped their child, and to date, the laws that govern a child's return home make it rather long and difficult to bring them. home.

And that stinks.

So here we are. The summer is approaching. Summer is known as the high season for international parental child abduction.

When a child is internationally abducted, there are three legal remedies available for U.S. citizens seeking to reunite with their child. Please note, that going to the country where your child was abducted to and removing them from that country could be viewed by that country as a criminal act even if you have sole custody in the United States (or anywhere else that you may live). The legal ways to reunite with your child include:

The Hague Convention on the Civil Aspects of International Child Abduction: In nations that have signed the Hague Convention, there is a civil process that facilitates the return of abducted children under 16 to their home countries.

The International Parental Kidnapping Crime Act (IPKCA) of 1993: A criminal arrest warrant can be issued for a parent who takes a juvenile under 16 outside of the U.S. without the other custodial parent’s permission.

Unlawful Flight to Avoid Prosecution (UFAP)—Parental Kidnapping: When criminal charges are filed by a state that requests our help, a criminal arrest warrant can be issued for an abducting parent who flees across state lines or internationally.

Globally, the pandemic of cross-border child kidnappings grows (It should be noted that reported cases of abduction originating from the U.S. has declined by 15% over the past two years after nearly 30 years of growth: the drop in kidnappings is not believed to be a reflection of what is occurring globally).

The challenge with a criminal processes is that though it may lead to the arrest of the abducting parent, it does not specifically order for the return of the child, although the child is usually returned when the parent is apprehended.  Often, judges in other countries may appear hesitant to return a child if they know the abductor is going to be jailed because there is a misconception that doing so would not be 'in the best interest of the child'. 

Personally, I think that this is a wrong approach, particularly since the majority of scheming, scamming, fraudster child abducting parents have no concern about arrest. 

It should be noted that the general characteristics of the majority of child abductors according to numerous government and non-government organizations is that they are sociopaths with narcissistic tendencies.  Sadly, the act of abduction itself has everything to do with the sociopath seeking revenge against the other parent. Thus, they abduct the child in order to cause that parent pain and suffering.

So without concern of retribution and without regard to the child or their true target: the other parent, the conspire and create a disgraceful criminal scheme to abduct. Almost always, they will try to have the other parent arrested prior to the abduction.  In addition, online defamation and slander is used against the targeted parent in order to try to have the abductor's act of kidnapping sanctioned by a foreign court under Article 13 b of the Hague Convention on the Civil Aspects of International Child Abduction.

The end result all too often?  A kidnapper is given a green-light pass to attempt to destroy the targeted parent's other life. And many abductors no this . . . in many court cases the I CARE Foundation has assisted families in crisis due to abduction, there have been many instances where evidence has been presented to court establishing that the abductor had no concern for any retribution, and buoyed by that safeguard, escalated their attack on their target.  In the process, their abuse directed toward the child also escalated.

But perhaps it might be most beneficial to arrest a person who is scheming to commit abduction. Conceivably, there are many acts of fraud, contempt, and misrepresentation that occurs during the pre-abduction stage.  Arresting schemers would send a strong message to anyone thinking of kidnapping a child to think again.

International parental child abduction prevention awareness has played a critical role in decreasing the abduction rate in the United States these past two years. Much credit must go to the Department of State's Office of Children's Issues, and the men and women who work day-in and day-out assisting families of abduction.

But the fact remains, as indicated by the nearly 800 reported cased of IPCA in 2012 (and the estimated 800 to 1,200 unreported cases of IPCA), that there still remains a large problem in the U.S. One that is mirrored, if not magnified abroad.

Now I have said for years that I am a strong supporter of the Hague Convention. I still am. However, like most things in life, interpretation of the Hague by a signatory member state is subjective. All too often a country may not comply with the intent and spirit of the convention.

And there are stall tactics an abductor and their lawyers may use during litigation which will only increase the already extremely high cost of litigation for the victimized parent.  Without the financial ability to litigate a Hague Case, the chances of a parent reuniting with their child are slim.


Now going back to the U.S. Federal Government's authority in parental kidnapping cases, this stems from the Fugitive Felon Act as part of Title 18, United States Code, Section 1073–UFAP.

Most of all if there is one message I would like to share with a parent who is thinking about removing a child from their country of jurisdiction without a court's order or permission from the other parent to relocate please listen to what I have to say:  A child who is brought into the world of cross-border litigation will suffer extreme hardship regardless of what you think you can do to alleviate this concern. Having been involved personally with abduction and having assisted a large number of families who have had to deal with a cross-border custody dispute, I can assure you no person wins. Instead, your child suffers greatly, while the road you and your family will travel on is far from easy. In fact, it is treacherous. And no matter how big of a support system you think you have: nothing will remove the storms you will face.  So if you desire to relocate abroad, do it the legal way: go to court and seek mobility. In addition, if you are a parent facing real abuse, seek the aid of law enforcement and advocacy groups familiar with abuse before you consider illegally removing your child.  This is not to say that if you believe your life is in danger, to sit tight and do something. Do something - but do it within the confines of the legal system.


The following was sourced from the U.S. Department of State's website and has been provided in order to provide State's view on options a parent may have available to them :


Your Decision to Use Criminal Charges.
 
Your decision about whether to pursue criminal charges against the taking parent is a difficult one that should be made through consultation with your legal representative and in consideration of its potential impact on other aspects of your efforts to secure your child’s return. The Office of Children’s Issues can provide information about U.S. laws that make parental abduction a crime, resources for how to pursue a criminal warrant, and observations about some of the potential consequences of such an action based on knowledge of the laws and/or practices in the country to which your child has been abducted. We cannot, however, recommend a specific course of action or guarantee a specific outcome.
                   
Depending on the circumstances, criminal charges filed against the taking parent can either help or hinder the successful return of your child. Therefore, it is important to weigh the pros and cons carefully and to obtain legal advice from an attorney before making the decision that you believe is best for your child. The purpose of a criminal warrant is to authorize law enforcement officials to apprehend and present the taking parent for prosecution. Your child is not subject to the warrant, which means that successful apprehension of the taking parent will not necessarily result in the return of your child. It can, however, serve as a negotiation tool since the taking parent may agree to voluntarily return the child in exchange for leniency or dropped charges.
                   
The existence of criminal charges may also negatively impact a foreign court’s decision about whether to order or deny your child’s return under the Hague Abduction Convention. Although the Hague Abduction Convention pertains to children, not to their taking parents, in practice many judges are reluctant to order a return if the taking parent cannot accompany the child back to the United States. If the judge hearing the Hague Abduction Convention case is aware the taking parent faces arrest upon arrival, the judge may deny the return or order it only if the criminal charges are dropped. While you may request withdrawal of criminal charges against the taking parent, only the entity which issued the charges and/or a judge has the authority do so and may not agree to your request.
You will need to consider your goals and the implications criminal charges may have for you and your child. The prosecutor, the laws of the country where your child is located, and the taking parent’s behavior will all have an effect on how successful criminal charges are in securing your child’s return. Understanding these considerations may help you predict whether criminal charges can be an effective option for you and your child.
                   
Pros and Cons of Pressing Criminal Charges:
PROS
  • The process of filing criminal charges may help you locate your child.
  • A criminal charge will potentially facilitate cooperation from foreign law enforcement authorities by authorizing issuance of an INTERPOL red notice.
  • If the taking parent is a U.S. Citizen, criminal warrants can serve as justification to revoke his ir her passport, thus limiting subsequent international travel and potentially creating obstacles for his or her ability to remain legally in a foreign country.
  • Public awareness of the successful prosecution of a taking parent may deter other from abducting their children.
CONS
  • An outstanding criminal warrant may deter a voluntary or negotiated return if a taking parent believes that he or she may be arrested whey they return to the United States.
  • Criminal charges may adversely affect Hague return proceedings. Some judges nay refuse to order a child’s return if there is a warrant for the taking parent's arrest.
  • Criminal charges may encourage a taking parent to go deeper into hiding to avoid arrest. This is especially true when the taking parent has family or deep ties in the community.
  • The arrest, prosecution, and incarceration of the taking parent could be emotionally damaging for the child.
  • The goals of the criminal justice system to arrest a taking parent may be in conflict with your wishes, and once initiated, the prosecutor has control of any and all criminal proceedings. How these proceedings develop will be out of your hands.
Begin by Contacting Law Enforcement
When your child is missing you should immediately report the abduction to law enforcement. Law Enforcement should respond immediately, and enter your child into the National Crime Information Center (NCIC) Missing Person Database. The initial response from law enforcement could determine whether or not a child is quickly and safely recovered.
                   
Entering your child into NCIC does not automatically initiate criminal proceedings against the taking parent. It is best to consult with an attorney before you decide to pursue criminal charges. Depending on your State laws, law enforcement may require that you have a custody order, before seeking criminal warrants.
                   
HELPFUL HINT: We recommend you keep a record of all of your correspondence with all parties you interact with, including law enforcement. Note as well all the names of the people you speak to, the dates and times of the conversation, and the information that was provided.
  • Your Local Police: Most international abductions are first reported to your local police. If they pursue warrants, your local police (in coordination with the local prosecutor) may seek issuance of a warrant based on your state's criminal parental kidnapping laws. You may also want to arrange to meet with your local prosecutor's office to understand law enforcement's considerations for moving forward, and to advocate for your cases.
  • The Federal Bureau of Investigation (FBI): You may also report your case directly to the FBI at the field office nearest your home. If possible, you should consider meeting with the Assistant U.S. Attorney to discuss the possibility of pursuing federal criminal charges against the taking parent. The FBI may decide to treat the abduction as a felony under the International Parental Kidnapping Crime Act. Visit www.fbi.gov for more information.
HELPFUL HINT: Many law enforcement professionals have limited experience with parental child abduction cases and specifically, with procedures in international parental abduction cases. The Office of Children's Issues can provide resources and communicate with law enforcement officials about the federal laws that will authorize them to assist
 
Criminal Warrants
  • Coordinated Effort: Successful resolution of international parental child abduction cases through use of criminal charges required a coordinated effort among federal, state, and local law enforcement authorities.In some cases, U.S. law enforcement will also enlist the help of INTERPOL and foreign law enforcement to carry out an investigation.
  • Foreign Police, Customs, and Laws: Be aware that parental abduction is not a crime in most countries, and this can hinder efforts to prosecute a taking parent. Other factors that may obstruct the process are local customs as they relate to religion, gender, nationality, and other factors.
  • Foreign Criminal Charges: You should always consult an attorney in the foreign country if you intend to pursue foreign criminal charges against the taking parent. In some countries, you may be able to pursue the prosecution of the taking parent by the authorities of the country where the child is found. In many countries, citizens can be prosecuted for crimes committed abroad if the act is a criminal offense under local law; however, parental abduction is rarely considered a crime outside of the United States.

Tuesday, May 14, 2013

What Are The Top Social Trends For 2013? They all begin with DISRUPTION

What Are The Big Ideas From

The Atlantic's New York Ideas Conference

At the New York Ideas conference, <i>Atlantic</i> senior writer Corby Kummer (pictured, far left) interviewed chef Mario Batali and food blogger Deb Perelman.
 
I love conferences that shares, well, Big Ideas, which is why the Atlantic's New York Idea's Conference is outstanding. Its purpose is clear. The New York Ideas conference not only shares new ideas and trends, but it celebrates them!
 
                                                                                                                                                                                                  The conference is  hosted by The Atlantic and the Aspen Institute at the New-York Historical Society, the daylong confab included conversations with some noteworthy trendsetters inlcuding the visionary Google executive chairman Eric Schmidt and chef Mario Batali, who's food I have eaten for over 20 years, including when Mario first opened Po on Cornellia Street, and as it turned out, would share grappa many a late nights at Blue Ribbon when any notion of being a celebrity chef was just a seedling.

 Discussion of the big ideas included everything from the impact of food blogs and book-jacket design, to high-storage date capability to 3-D manufacturing design.
 
So what are some of the Big Ideas?

Well, if there was one common word that celebrated the Big Ideas it would be 'DISRUPT'!

Love it!

So here we go ....


1. Fund-raisers are working more like corporations
A panel titled "Disrupting the Old Philanthropy" explored how charitable organizations are taking lessons from the business world to help measure their work and increase its impact. Nancy Mahon, the former executive director of God's Love We Deliver and now the global executive director of the MAC AIDS Fund and a senior vice president at Estée Lauder, spoke about the need for metrics around philanthropic endeavors, such as the sales of a lipstick with a charitable tie-in. "Working in a corporation, I'm a sharper thinker and a better investor."

Panelists Lauren Bush Lauren, C.E.O. and co-founder of FEED Projects, and Jessica Jackley, a venture partner at the Collaborative Fund and co-founder of the micro-lending site Kiva, spoke about how consumers are looking to their employers and the companies they buy from to reflect their values. Jackley spoke of encouraging people to take a more integrated approach to work, investing, and philanthropy: "What really changes the world is not getting corporations to give more, but [changing] how individuals choose to spend their time and their brainpower."

2. People are really excited about 3-D printers
While the technology is not that new, the cost has come down enough that more people can afford them for rapid prototyping and model-making. "I wonder if, when the hammer came out, people were sitting at conferences saying, 'Have you heard about the hammer?'" asked Jessica Banks, co-founder of Rock Paper Robot, a furniture and lighting company.

3. The Internet can help you build an audience—but you have to nurture it constantly
In a conversation with three bloggers who have built significant brands and followings, they all stressed the importance of regular communication. "Blogging is putting out a steady stream of content that an audience can rely on," said Brandon Stanton, a photographer with a Tumblr blog called Humans of New York that has more than 700,000 fans on Facebook. And online content builds relationships that become platforms for other uses. "The Internet is not designed to make you money," he said, but it helps you build a name that can make money in other ways.
 
4. We're in a time of simple design "We yearn for simplicity in an age where technology has made things more and more complex," said John Maeda, president of the Rhode Island School of Design, in a discussion of art, design, and technology. As computer chips have become both cheaper and more powerful, they get put inside all sorts of things—even simple objects that already perform their functions well, like a spoon.

Simple design can have complicated reasons, though. "Simplicity is an illusion sometimes," said Paola Antonelli, senior curator of architecture and design at the Museum of Modern Art. Apple's iPhones and iPads look uncomplicated, but they perform lots of complicated tasks. And they don't adhere to the notion that form follows function—you don't know what they do until you turn them on. In her own work at MoMA, where people are probably encountering her exhibits on the way to see works by Picasso or Matisse, Antonelli said, "I want them to walk into my show and in five minutes something is already deposited." They have learned something about design, whether they realize it or not. "Communication is what I'm after."

5. Consumers want friendly expertise
Mario Batali was the more famous of two people on a food panel, but he spent more time praising his fellow panelist, Deb Perelman, who writes the popular food blog the Smitten Kitchen. "I like the wide-eyed and happy approach to writing about food," Batali said, describing his own approach to books and television, as well as Perelman's. (He also said Jimmy Fallon's upcoming promotion to host of The Tonight Show stems from the fun, snark-free tone of his Late Night show.)

"There are enough people who are telling you you're doing it wrong," Perelman said. "I'm not really interested in that."

6. The most important trend in social media is visual story telling
"In a world where people are overloaded with content, having great imagery to support a story is very important," said Pete Cashmore, founder and C.E.O. of the social-media-obsessed news site Mashable.

7. Social media calls for personal voices
As Cashmore recalled using "we" in product reviews in the early days of Mashable, when he was a one-person staff writing from his bedroom in Scotland, he noted a change in tone: "Now big companies pretend to be smaller companies, because that's cooler."

Now I have one other big idea: I'm going to have a nice omellete with feta cheese and spinach this morning with a fresh squeezed glass of grapefruit juice.