Monday, June 16, 2014
What Travel Consent Form Should American Children Traveling Internationally Use? The I CARE Foundation's Travel Form
Travel Documents For Children?
Selecting the best international travel consent form for your child can be the complete difference between an international parental child abduction being carried out or not by the child's other parent. Yes - I said 'International parental child abduction'. You see, the vast majority of children - and there are tens of thousands of children targeted each year for international parental child abduction - who fall prey to abduction come from multi-cultural families that are often in conflict such as a failing relationship or outright divorce.
In today's global environment, there is only one global abduction prevention tool that can prevent against a child being wrongfully retained abroad, and that is the I CARE Foundation's International Travel Child Consent Form. The fact is, there is no other child travel consent form created like it, as it it steep in the 1980 Hague Child Abduction Convention language needed to defend against a parental abduction.
In fact, the I CARE Foundation's travel consent form has been hailed by the international legal community including Hague Permanent Bureau Senior Officers as a critically important child abduction prevention tool that all parents around the world should use when allowing a child to travel abroad.
According to the I CARE Foundation's extensive research, the majority of all cases of international parental child abduction occur when a child is wrongfully detained in a foreign country. The wrongful detention of a child abroad generally occurs during a court directed travel order or when travel occurs by mutual parental consent, particularly during the summer school break or the Christmas holiday season. However, unknown to the targeted parent who may either travel with the child or who may remain in the child’s country of habitual residency, the scheming parent intending to remain abroad with the child has more than likely crafted a well-orchestrated scheme that includes use of Article 12 and Article 13 of the Hague Convention in order to remain abroad with the child. Unfortunately, the vast majority of children wrongfully detained in a foreign country do not come home. The I CARE Foundation’s ‘International Travel Child Consent Form’ protects against misuse of all known international child abduction defenses under the 1980 Hague Child Abduction Convention, including Articles 12, 13, and 20, while upholding the intent and spirit of Article 1 of the Child Abduction Convention.
One of the major problems that exist today when parents are required to attempt to bring home their wrongfully retained child is that the ease parental child abductors have in defending their act of abduction has expanded significantly. One of the primary reasons behind this ease of defense is that courts around the world have wrongfully expanded the scope of Article 13 of the Hague Child Abduction Convention - the 'best interest' clause - to such a wide scale that it makes it extremely difficult for a left behind parent to reunite with their child.
However there is real hope - hope that has been proven in a large and growing number of cases around the world: the I CARE Foundation's travel form has been able to mute fraudulent claims of an Article 12 and Article 13 defense in courtrooms around the world.
Peter Thomas Senese, the creator of the I CARE Foundation’sInternational Travel Child Consent Form and the Executive Director of the I CARE Foundation stated, “Perhaps the singular most important factor is that local courts in foreign countries are not abiding by the intent and spirit of the Hague Child Abduction Convention. Specifically, all abductors will make defense claims under Article 12 or Article 13 of the Hague Convention. Article 12 has to do with intent to relocate, and Article 13 has to do with the ‘Best interest of the child’, which recently has been expanded in many courts to include ‘Best interest of the child and extended family’. Unfortunately, Article 13 in particular has become the Achilles Heel of the abduction prevention community.
“Hague Conference During Hague proceedings, the convention calls for the inbound country’s Hague Court to look at Article 13 defenses only in extreme cases as the intent of the 1980 Hague Child Abduction Convention is to determine which court has jurisdiction of the child, and then properly and expeditiously return that child to the country where the court of original jurisdiction is located. However, around the world, courts are no longer acting in an expeditious manner as is cited under Article 1 of The Hague Child Abduction Convention. Instead, local courts are calling for detailed findings of what is in the best interest of the child and in essence making their own custody ruling even though they are not the court of original jurisdiction. Problematically, these courts are in essence mooting not only the 1980 Hague Child Abduction Convention but they are essentially quashing the court orders originating from the child’s country of original jurisdiction.
“What the I CARE Foundation’s ‘International Travel Child Consent Form’ does is it upholds the intent and spirit of the 1980 Hague Child Abduction Convention, including Article 1’s ‘Expeditious determination clause’. In addition, the travel consent form strongly addresses misuse of Article 12 and Article 13 defenses, and essentially moots use of false claim. In addition, the I CARE Foundation’s travel consent form upholds the sanctity of the court of original jurisdiction located in the child’s country of habitual residency.
In essence, the I CARE Foundation’s ‘International Travel Child Consent Form’ is the only global child abduction prevention tool that safeguards against misuse of the Hague Child Abduction Convention defenses and calls for the immediate return of a child if that child is wrongfully detained by mutual consent of both parents.
Extensive high remarks for the I CARE Foundation’s International Travel Child Consent Form as a groundbreaking, comprehensive, and significant global international parental child abduction prevention tool have been voiced by the leadership within legal communities familiar with international parental child abduction during legal forums around the world including compelling commentary from senior officers of the Hague Permanent Bureau during but not limited to international legal symposiums on child abduction held during the LEPCA Conference in the Hague, the IAML Conference in New York, and the Sapporo Bar Association’s Hague Symposium in Sapporo. In addition a large and growing number of attorney Bar Associations in the United States and abroad have published positive and meaningful feedback concerning the I CARE Foundation’s travel consent form with clear intent to educate their legal constituents about the landmark child abduction prevention tool. Perhaps most meaningful is the reality that many judges around the world have praised the I CARE Foundation’s travel consent form, have utilized the document in their courtrooms, and continue to implement the form in courtrooms around the world during child custody and child travel legal proceedings.
For more information please visit The I CARE Foundation at www.theicarefoundation.org.
For attorneys seeking access to the legal brief and analysis of the travel consent for contact email@example.com