Administration's Meetings and Letters Still Not Bringing Back American Children

Press Release

The State Department 2016 Actions Report, detailing the Obama Administration's efforts on behalf of abducted American children, was released today showing a continuation of the Administration's failed "words-only" strategy to return kids who have been abducted by a parent to another country--often in clear violation of valid U.S. court orders.

"Congress unanimously adopted the Goldman Act to push a reluctant Administration to turn words into action--action that will bring home abducted American children," said Rep. Chris Smith, who authored the Sean and David Goldman Child Abduction Prevention and Return Act of 2014 (P.L. 113-150) to provide government support and assistance to kidnapped children and their left behind parents. "Inexplicably, the report released this week shows that the State Department has again refused to use the Goldman Act tools of limited sanctions."

Between 2008 and 2015, nearly 10,000 children have been abducted overseas by a parent and almost always cut off from contact with the left behind American parent. Studies have shown these children are at grave risk of serious emotional and psychological problems, and may experience a number of symptoms including anxiety, eating problems, nightmares, mood swings, sleep disturbances, aggressive behavior, resentment, guilt, and fearfulness. Far from simply a custody dispute, international child abduction is a violation of both the left behind parent's and child's basic human rights.

"Heart-broken parents have begged the State Department to put real pressure on countries refusing to return American children," said Smith. "Many of these parents have won in foreign court only to have the foreign government refuse to enforce the rulings year after year after year--and still the State Department responds with nothing but more meetings and more letters."

"The Goldman Act delineates specific actions the Administration should use to help bring our children home. The indifference is mind-boggling," said the senior human rights lawmaker who has chaired nine hearings on the topic of international child abduction.

More than 13 long-term cases have been pending in Brazil, which has not returned a single child since Sean Goldman was returned to New Jersey in 2009. Devon Davenport has won all 24 appeals of the last seven years to bring his daughter home from Brazil--Brazil will not return his daughter.

More than 100 abducted American children are currently being held in India, including those abducted by parents convicted of domestic violence in the United States. Bindu Philips has been fighting for 8 years for India to return her sons, Albert and Alfred, to no avail. Although Prime Minister Modi indicated he would assist her, no assistance has yet been forthcoming. One child, a little girl, died this year in India before she could be returned to her father in the United States.

James Cook, who testified before Smith's Human Rights panel in July, won his case in Japanese courts to have his children returned, and yet Japan has allowed continued parental alienation of his children, utterly failing to enforce the return order. More than 42 cases of abduction in Japan totaling more than 50 American children have been dragging on without any progress for more than 5 years.

Édeanna Barbirou was forced to leave Tunisia again this year without her son, Eslam, whose custody has been granted to her by 5 different Tunisian courts over the last 5 years, but Tunisia refuses to enforce the return order, finding excuse after excuse not to return her son.

"The countries holding American children in these cases must be held accountable in fact, not just in word," said Smith, who modeled the sanctions in the Goldman Act after those in the Trafficking Victims Protection Act of 2000. "We sanction countries for trafficking their own people; it is truly unbelievable that the State Department will not use the same tools to save American children."

The State Department chose in 2015 to continue only with talk and not to take any of the escalating steps prescribed by the Goldman Act, including:

· delay or cancellation of one or more bilateral working, official, or state visits with any country;

· withdrawal, limitation, or suspension of U.S. development assistance, security assistance or foreign assistance to the central government of a country relating to economic support; or

· formal extradition of an individual who is engaged in abduction and who has been formally accused of, charged with, or convicted of an extraditable offense.

"Less than one-third of abducted American children come home every year," said Smith. "It is time for the State Department to employ the Goldman Act strategy and make a positive difference in the lives of these children."

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