The I CARE Foundation’s International Travel Child Consent Form Supported By Hague Conference Secretary General As Efforts Increase To Prevent International Child Abduction

As the I CARE Foundation increases their global initiative to prevent world-wide international parental child abduction and trafficking of children, The Hague Conference On Private International Law Secretary General, Mr. Christophe Bernasconi, who oversees The Hague Convention on the Civil Aspects of International Child Abduction has voiced strong support for the utilization of the I CARE Foundation’s International Travel Child Consent Form.  Considered a landmark global parental child abduction prevention tool that may be used by both Hague Convention and non-Hague Convention signatory nations, the travel document focuses on preventing the epidemic problem of wrongful retention (abduction) of children abroad who travel during the Christmas Holiday or Summer Vacation period with a parent.

During the Christmas Holiday Season, international parental child abduction around the world surges as carefully planned abduction schemes are implemented. For the vast majority of targeted parents and children, the planned act of international kidnapping is often undetected until the child is wrongfully detained in a foreign country. Sadly, many of these schemes also focus on causing grave malice to unsuspecting targeted left-behind parents, who are often blind-sided by the actions that unfold. In order to protect against international child abduction schemes revolving around the wrongful detention of a child, the I CARE Foundation has created a groundbreaking international travel consent form steep in Hague Convention language intended to help prevent abduction or assist in the immediate return of a child if abduction occurs. Amongst a growing number of worldwide stakeholders who support use of the form is Hague Conference on Private International Law Secretary General Mr. Christophe Bernasconi, who previously stated, “I have had the possibility to look at the travel form and must say that I am impressed: this is the most comprehensive document of its kind that I have seen so far and there is little doubt in my mind that this is a most valuable and important effort to prevent child abduction.”

Secretary General Bernasconi recently issued the following statement as concern for abduction during Christmas is on the minds of all abduction prevention stakeholders: “While the winter holiday season is often one which presents many opportunities for festive family celebrations, it is also a period in which sadly more parental child abductions occur. As a result, it is more important than ever to take steps to prevent the wrongful removal of children so that abductions which are covered by the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction do not occur in the first place.

“Prevention can be achieved in several ways. For example, when one parent intends to travel with his or her child without the other parent, the other parent’s consent to the travel should first be obtained. One of the ways a parent can demonstrate that they have the approval of the other non-travelling parent is by having him or her sign a clear, comprehensive travel consent form which includes a statement that the non-travelling parent agrees to the travel but also that the child is to return to his/her place of habitual residence on or before a specific date. A model travel consent form for this purpose has recently been developed by the I CARE Foundation and is, I understand, already widely used by parents in various jurisdictions. Use of the I CARE Foundation's comprehensive Hague-centric travel form that addresses key aspects of the  Hague Child Abduction Convention pertaining to a  child's international travel are central to protecting against a child's wrongful retention abroad.  The I CARE Foundation's International Travel Child Consent form and similar comprehensive models deserve further encouragement so as to prevent child abduction and perhaps even limit instances of child trafficking in general.”

Carolina Marín Pedreño, a partner at the prestigious London-based law firm of Dawson Cornwell and a fellow of the International Academy of Matrimonial Lawyers known for her global work protecting children added, "As an international family practitioner I have seen how the introduction of the I Care Foundation's Travel Consent Form has reduced the anxiety of parents when agreeing to their children travelling abroad for contact with the other parent, but most importantly has prevented wrongful removals or retentions of those children in a country where they are not habitually resident. The Form is a significant safeguard for parents involved in cross borders relationships. The support of the Secretary General of The Hague Conference brings the hope that this tool will become a common instrument to be used by Child Abduction practitioners globally, to prevent child abductions and to continue to protect children reducing the number of these dramatic cases. I urge all parents and law practitioners to utilize this important tool when children intend to travel abroad.”

Peter Thomas Senese, the Founding Director of the I CARE Foundation and creator of the International Travel Child Consent Form added, "It is deeply rewarding to know that, the 'International Travel Child Consent Form' is having a significant impact on preventing international child abductions around the world. The doctrine has been embraced and utilized by a large number of families around the world. Impressively, children who have traveled using the form have come home. The I CARE Foundation believes that as courts around the world continue to uphold the sanctity of this landmark global child abduction prevention instrument unique in it being one of the first true Hague-centric private sector global abduction prevention tools, we will see a radical decline in international parental child abductions associated with the wrongful retention of children abroad. With our eyes set on protecting the lives of children around the world, I urge all parents who have children traveling abroad – with or without them – to use the I CARE Foundation’s travel form.”

Silvia A. Sejas Pardo, Silvia A. Sejas Pardo, a highly respected Argentinean and Spanish international lawyer based in Spain added, "This travel consent is an effective tool that establishes unquestionable determination of what courts are responsible for a minor’s welfare. Often in the case of international abduction a taking parent will attempt to seek to change jurisdiction of a child’s welfare which is safeguarded by the Hague Convention. However, in cases of abduction the taking parent will attempt to use certain provisions and delicate case law related to the treaty that would enable them to remain abroad with their child. The I CARE Foundation’s travel form protects against this while also providing a cost-effective and quick extrajudicial resolution of disputes in a minor’s mobility. Unquestionably, all children who travel internationally should do so under this document.”

Mexico's Carlos Alvarado is a partner at the International Law Group and considered one of the most knowledgeable international family law attorneys in Mexico. Mr. Alvarado was responsible for codifying and translating the I CARE Foundation's travel consent form into Spanish. Mr. Alvarado 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."

To learn more about the 'International Travel Child Consent Form' please visit the I CARE Foundation: http://www.stopchildabduction.org/Child_Travel_Consent_Form.html

Senate Advances LGBT Anti-Discrimination Bill

Seventeen years after failing by one vote to win passage in the Senate, the Employment Non-Discrimination Act (ENDA) passed in the upper chamber Monday with 61 in favor, one vote over the minimum threshold to move the bill to a full floor vote. ENDA now moves to a floor vote in the Senate, where it is expected to pass. In the House, where the climate is much less favorable toward the bill, advocates are exploring all options to advance a federal ban on workplace discrimination on the basis of sexual orientation or gender identity. If ENDA fails there, supporters might even push for an Executive Order to advance the cause.

By Monday morning, ENDA had the support of the entire Democratic caucus, plus four Senate Republicans (Lisa Murkowski, Mark Kirk, Susan Collins and Orrin Hatch). Nevada Republican Senator Dean Heller’s announcement that he would support ENDA pushed the bill to the 60 votes needed to overcome procedural hurdles in the Senate. In the final tally, Ohio Senator Rob Portman became the sixth Republican to support the measure, pushing the total yeas to 61.

“We’re not going to take anything for granted, but things are looking good in the Senate this week,” said Winnie Stachelberg, executive vice president of the Center for American Progress. “If the Employment Non-Discrimination Act were to come up in the House, there’s a path to passage,” she said.

Emphasis on “path” over “passage.”

As long as John Boehner holds the Speaker’s gavel, ENDA faces a much harder road in the House. After Heller’s announcement of support Monday, Boehner spokesman Michael Steel reiterated the Speaker’s long-standing opposition to ENDA.

“The Speaker believes this legislation will increase frivolous litigation and cost American jobs, especially small-business jobs,” he told TIME.

ENDA advocates fired back. At a time when “this week alone we may see two additional states, Illinois and Hawaii, join the marriage column, it seems so relatively Fred Flintstone for John Boehner to be saying that gays are not deserving of workplace protections,” Fred Sainz, vice president at Human Rights Campaign, told TIME.

Nonetheless, in Boehner’s House, it’s unlikely ENDA will even reach the floor. The Speaker has shown himself fond of the so-called Hastert Rule, under which legislation is not allowed to come up for a vote in the full House unless such a vote has the support of “a majority of the majority.” With only five House Republicans openly in support of ENDA, it’s difficult to see how it even makes it to the floor.

Facing that reality, Sainz said, advocates are weighing other options.

“While the Speaker is definitely all powerful in terms of bringing things to the floor, there’s also a defense authorization bill where this could also go over to the House,” he said.

If ENDA fails in the House, the President, who took to the Huffington Post on Sunday to urge passage of the bill, could sign an Executive Order banning LGBT discrimination among federal contractors. Such a move could lend momentum that might push it over the threshold in another attempt down the road.

Senate Announces Deal to Avoid Default, House GOP Expected to Bend

Senate leaders announced a bipartisan deal Wednesday to reopen government and raise the debt ceiling, moving the country closer to ending weeks of brinkmanship over Obamacare, federal spending and debt.

“This is not a time for pointing fingers or blame. This is a time for reconciliation,” said Senate Majority Leader Harry Reid, in announcing the agreement, which would reopen the government and extend the debt ceiling through early next year. The bill will also appoint Senators to work on a budget agreement over the next two months, in the hopes of avoiding another round of brinkmanship in 2014.

He was followed by Senate minority leader Mitch McConnell who said Republicans would continue to fight for a repeal to Obamacare, but there would be no victory this week. ”For today, the relief we hope for is to reopen the government, avoid default and protect the historic cuts we achieved under the budget control act,” McConnell said. He later added that he expected to have a vote Wednesday on the measure.

White House Press Secretary Jay Carney said President Barack Obama “applauds” the deal, and encouraged both chambers of Congress to expeditiously pass the legislation. But with an agreement that represents an almost total victory for Democrats, Carney asserted, “there are no winners here,” given the negative effects of the shutdown.

As the Senate gaveled to order, House Republicans gathered to discuss their path forward. Several staff sources suggested that Speaker John Boehner would move forward with a vote on the Senate measure, which would likely pass with the help of Democratic votes. “Looks like we’ll eat the Reid-McConnell deal,” one House GOP source told TIME. “It’ll rely on Democratic votes.”

Rep. Jim Jordan, an Ohio Republican, said it was his “understanding” that the House would act on the measure first, thereby avoiding time-consuming procedural hurdles in the Senate hours before Treasury runs out of borrowing authority. But House Republican leadership did not confirm the order of events. “No decision has been made yet,” said Rep. Kevin McCarthy, the House GOP whip before the meeting.

Multiple Republican Senators, including Kentucky’s Rand Paul, said they expect the Senate plan to pass with a strong majority of Republican votes. Texas Sen. Ted Cruz, one of the original proponents of the failed plan to shut down the government to defund Obamacare, said he would not vote for the deal, but would also not try to block the Senate from moving forward.

The emerging agreement isn’t sitting well with some Republicans. Sen. Lindsay Graham, who has long argued for a grand bargain to address long-term fiscal issues, called it a “joke. “We took some breadcrumbs and left the whole meal on the table,” he said.

Graham continued to criticize the tactics the House Republicans have behaved over recent weeks. “The way we’re behaving and the path we’ve taken over the past couple of weeks leads to a marginalized party in the eyes of the American people,” he said. “It has been the best two weeks for the Democratic Party in recent times because they were out of the spotlight and didn’t have to showcase their ideas.”

Sen. Kelly Ayotte expressed hope that more conservative colleagues will not repeat their mistakes of the last month. “We’ve been asking from the beginning how does this end, how do you achieve what you’re purporting to achieve on defunding Obamacare,” she said. “And I never got an answer to that. I don’t think there still is an answer to that. So if we have learned nothing else from this whole exercise I hope we learn that we shouldn’t get behind a strategy that cannot succeed.”

According to a Senate Republican leadership aide, under the agreement, the government would be funded through Jan. 15, 2014 unless a budget agreement is reached sooner, while the debt limit would be raised through Feb. 7. The extraordinary accounting measures used to keep the government under the borrowing cap would not be prohibited under the deal. An anti-fraud measure will be added to Obamacare, requiring income verification for those receiving subsidies to purchase insurance under the law.