New Florida Child Abduction Prevention Law Offers Hope For Targeted Parents of Abduction

On January 1st, 2011 Florida’s landmark ‘Child Abduction Prevention Act’ (CAPA) was enacted as law. The new legislation establishes an array of risk factors a judge may consider when deciding if there is a chance that one parent may remove a child of a relationship from the state or country or conceal the whereabouts of the child in violation of a parenting plan. Additionally, and critically, the CAPA provides a selection of preventative measures that may be utilized in order to prevent child abduction from occurring.

The new law that unquestionably will protect the lives of thousands of children in Florida each year was drafted by child abduction prevention advocate Carolyn Ann Vlk of St. Petersburg, FL. Ms. Vlk added, "In my opinion the biggest obstacle faced was a lack of information and education. My focus was to protect children by enlightening all individuals involved in the process including judges, attorneys, parents and policy makers. Tragically, too many of our nation's children have been abducted due to the failures by individuals and the courts responsible for overseeing their best interest, including assessing dangers that may lead to their possible criminal abduction. The CAPA law addresses this concern."

The new law was sponsored by Representative Darryl Rouson (D-St. Petersburg) and Senator Eleanor Sobel (D-Ft. Lauderdale). Under their careful guidance, the groundbreaking legislation did something near impossible: it unanimously passed each of the three Senate and three House committees before being resoundingly passed on both the House and Senate floors.

Representative Rouson was previously cited as saying, “I am extremely pleased to announce that as of today, my dream and goal of creating law that would help prevent our state’s children from experiencing the nightmare of child abduction is now a reality. As abduction cases in our state and the nation continue to increase at alarming and unprecedented levels, it has become apparent that the combative way to prevent this epidemic from spreading was to create a sweeping law that will aid the courts in protecting our children. The ‘Child Abduction Prevention Act’ certainly does this. I would like to thank Governor Crist and all of my fellow lawmakers, including child advocate Senator Eleanor Sobel, for realizing the importance of this law. The significance of this new law in Florida should be a lesson for all states presently considering child abduction prevention legislation; it is critical to the children of every state to have preventive laws in place that will protect their well being. I would also like to thank Carolyn Ann Vlk, the astute writer of the ‘Child Abduction Prevention Act’ for her tremendous leadership in writing such a sweeping law, and, I would like to also acknowledge Peter Thomas Senese for his substantial advocacy in support of our state’s new law. Today is a great day for the children of Florida.”

As the number of criminal international parental child abductions continues to escalate substantially each year, lawmakers at both the state and federal level appear to have taken notice. The Department of State’s Office of Children’s Issues reported that there were 1,623 U.S. children criminally abducted from the United States in 2009. The aggregated growth rate over the past few years is well over 20%. These statistics do not include the substantial number of ‘unreported’ cases that were cited in the landmark report titled ‘Crisis In America: International Child Abduction Today’ (2010) researched and published by Peter Thomas Senese and Carolyn Ann Vlk.

Peter Thomas Senese, the author of the upcoming book ‘Chasing The Cyclone’ and producer of the educational documentary film series ‘Chasing Parents: Racing Into The Storms Of International Parental Child Abduction’ stated, “The number of criminal international child abductions has reached alarming levels. If we project the present growth rate of ‘reported’ abductions to 2020, an astronomical number of our nation’s children will have been ‘reported’ as being criminally abducted. And this does not include the reality that the number of ‘unreported’ cases of international abduction are expected to be at least the equivalent to the number of ‘reported’ cases. This all should raise a flag for every lawmaker and judge in the country that abduction laws and the consideration of risk factors related to a potential abduction are critical rights of a child. A failure by a court to consider such concerns and not apply appropriate abduction prevention measures to ensure an at-risk child’s safety is child abuse.

“The CAPA law unequivocally will protect the lives of many children in the State of Florida so long as judges implement the law. Hopefully more states will follow Florida’s lead. In addition, and equally important to preventive measures in the courtroom, it is critical that federal prevention measures are also implemented. This includes closing the loopholes associated with the travel documentation requirements for children connected to the Western Hemisphere Travel Initiative.”

The CAPA law allows for the presentation of competent and substantial evidence of risk factors. Factors that may be considered when determining if a risk exists include a previous history of child abduction or has been known to violate a court ordered parenting plan, or if there are known threats or clear intent to illegally abduct a child outside of the country, or if the party is likely to take a child to a country that is not a party to the Hague Convention, or if the party has forged or presented misleading or false evidence on government forms or documents in an attempt to obtain travel documents.

Preventative measures which may be utilized as a guideline in protecting children from abduction may include placing the child's name in the Children's Passport Issuance Alert Program, a provision that any U.S. or foreign passport issued in the child's name be surrendered to the court or the petitioner's attorney, that the respondent not apply on behalf of the child for a new or replacement passport or Visa, assessing the need to require a party post a bond, a prohibition that a party may not remove or retain the child in violation of a custody determination.

This law also indicates that violations of the terms of the parenting plan are subject to specific civil or criminal penalties or a federal or state warrant under federal or state laws and may subject the violating parent to apprehension by law enforcement.

Child advocate and lawyer Martin Asatrian commented, "The Florida legislation is a remarkable accomplishment Florida's policymakers achieved in the name of the children of that state. As social and political awareness continues to rise, so too will the outrage of having a child abducted across international borders. It is my hope that not only will the public have a deeper, more compassionate understanding of what both child and targeted parents of abduction must face, but more importantly, it is my hope that lawmakers in other states will demonstrate the courage and wisdom similar to what Representative Rouson and Senator Sobel demonstrated. Clearly, prevention is key to protecting our nation's children."

In closing, Carolyn Ann Vlk stated, "Parental child abduction cases can become very costly especially if search and rescue efforts become necessary. I anticipate that there will be less need for law enforcement involvement if risks are identified and preventative measures are implemented. The State of Florida now has additional capabilities to protect children from becoming victimized and to conserve our state's financial resources. However, the problems of international parental child abduction that need to be addressed as a nation are significant. I look forward to participating in dialogue and action that will better protect our nation's children, including co-drafting new legislation that will close loopholes related to travel documentation requirements for children traveling under the Western Hemisphere Travel Initiative."

For more information on IPCA please visit www.chasingthecyclone.com

Florida Child Abduction Prevention Act Now LAW

It is official! Late this afternoon in Tallahassee, Florida Governor Crist officially signed the landmark ‘Child Abduction Prevention Act’ into law. The ‘Child Abduction Prevention Act’ will go into effect on January 1st, 2011.



Championed by Representative Darryl Rouson (D- St. Petersburg), the groundbreaking legislation that is now law will provide the Florida courts the responsibility to assess risk factors associated with a potential parental child abduction and further allows for judges overseeing high-risk cases of potential abduction to issue court orders that will prevent a child’s abduction from occurring.



Representative Darryl Rouson issued the following statement immediately following Governor Crist’s signing moments ago, “I am extremely pleased to announce that as of today, my dream and goal of creating law that would help prevent our state’s children from experiencing the nightmare of child abduction is now a reality. As abduction cases in our state and the nation continue to increase at alarming and unprecedented levels, it has become apparent that the combative way to prevent this epidemic from spreading was to create a sweeping law that will aid the courts in protecting our children. The ‘Child Abduction Prevention Act’ certainly does this. I would like to thank Governor Crist and all of my fellow lawmakers, including child advocate Senator Eleanor Sobel, for realizing the importance of this law. The significance of this new law in Florida should be a lesson for all states presently considering child abduction prevention legislation; it is critical to the children of every state to have preventive laws in place that will protect their well being. I would also like to thank Carolyn Ann Vlk, the astute writer of the ‘Child Abduction Prevention Act’ for her tremendous leadership in writing such a sweeping law, and, I would like to also acknowledge Peter Thomas Senese for his substantial advocacy in support of our state’s new law. Today is a great day for the children of Florida.”



Senator Eleanor Sobel (D- Fort Lauderdale) previously stated, “Abductions are incredibly damaging and can haunt a child for the rest of their lives. This new law will keep Florida’s children safe from these potentially devastating experiences… abductions out of the state or the country can be extremely harmful to children. It is also nearly impossible to locate and return a child who has been taken to a foreign country. The safest and most cost effective approach is to simply prevent an abduction.” Florida’s new law does exactly that.



Peter Thomas Senese, the author of the highly anticipated book on international parental child abduction titled ‘Chasing The Cyclone’ and one of the lead child abduction prevention advocates who actively championed for the passage of the legislation into law added, “Child abduction prevention laws such as Florida’s breakthrough ‘Child Abduction Prevention Act’ are the lines of first defense against the pandemic of abduction sweeping our nation and the world. There are many unique components that make the legislation that Carolyn Ann Vlk wrote that Florida’s legislative branch and Governor Crist enthusiastically supported that is best measured by the unprecedented and historical act that this bill was unanimously passed into law. One of the unprecedented components of this law that uniquely stands out is that courts now have the opportunity to seek the assistance of the Department of Homeland Securities’ ‘Prevent Departure Program’ that is implemented via the Department of State in potential international child abduction cases. So in a certain sense, the Florida law, in my eyes, is actually the implementation of two laws: one is a new state law, and the second is for more awareness and use of a present federal law few individuals are aware exists.



“Now with the passage of this historic law, I hope that other states, including California and New York will update or pass new legislation that will protect our nation’s children from abduction. According to an extensive report on abduction trends Carolyn Ann Vlk and I recently released titled, ‘International Parental Child Abduction: Crisis In America’, our study’s findings demonstrated unequivocally an increased threat of abduction due to many tangible factors including economic hardship and increases in immigration population to our country. Child abduction prevention laws in all states are critical, and I was happy to play my role alongside the fine lawmakers in the state and one of our nation’s great child advocates, Carolyn Ann Vlk.”



Carolyn Ann Vlk, the author of the ‘Child Abduction Prevention Act’ stated, “Words cannot express the myriad of emotions I am experiencing at this historical moment in Florida State history. My dream of creating a comprehensive legislation to protect children from abduction is now a reality. My heart is filled with gratitude towards the many people whom have made this moment possible. First and foremost on behalf of the children and families of Florida I would like to express my deepest gratitude to State Representative Darryl E. Rouson, District 55. I first met with Representative Rouson in 2007 and relayed my family’s story and concerns that my child was at risk of being abducted. I shared my insight that our current laws were lacking reliable risk assessment and preventive measures to prevent the unspeakable tragedy of child abduction. Representative Rouson immediately offered to help in any way possible and has been a staunch children's advocate and a driving force leading the way for Florida to set the precedent for other states to follow. Henry Moseley, legislative aide to the Representative has been an invaluable and constant source of information and assistance throughout this entire process. I feel honored to have worked with Senator Eleanor Sobel who was the Senate sponsor of our bill. Senator Sobel has had a long and illustrious political career and her advocacy on behalf of our state’s children was undeniable. Thanks also go out to her legislative aide, Nick Matthews, whose political knowledge and expertise was invaluable in this process. To all the Senators and Representatives who unanimously voted YES on this vital piece of legislation, I thank you.



“And to Governor Charlie Crist, thank you Governor, for recognizing that our children need to be protected and for taking this issue seriously and acting proactively to better protect our precious citizens.



“What began as purely a personal issue and an innate desire to protect my own child morphed into the ‘Florida Child Abduction Prevention Act’. As I researched this issue, I found it difficult to believe that so many children were either at extreme risk of abduction, or worse, had already been abducted. I felt that my advocacy needed to extend beyond making sure my own child was protected and thus I began the writing of this bill.



“I would also like to express my most sincere thanks to author Peter Thomas Senese, a successful chasing parent who has actively and tirelessly advocated along with me. Peter has traveled from Los Angeles to Florida on several occasions, providing important testimony before the State legislators. He substantially raised the bar of awareness and understanding on this issue before our lawmakers, and he raised the profile of how important and significant an issue child abduction really is. Florida resident, Captain William Lake, whose own daughter Mary remains criminally abducted in Japan, also provided invaluable testimony in front of State legislators. And due to Peter Thomas Senese’s assistance, Ken Connelly, who was abducted as a child also provided testimony in front of our policy makers. I also would like to thank my family, for the love and support they have provided throughout this journey, I am forever indebted.



“My greatest desire has been to significantly reduce the number of children that are abducted and I believe that will be achieved through proper risk assessment and the implementation of preventive measures within our family court system. Indeed this is a monumental day for the great State of Florida now that the ‘Child Abduction Prevention Act’ is law.”

Florida Child Abduction Act Passes Unanimously Senate and House Floor Votes

Today members of Florida’s Senate joined the members of Florida’s House of Representatives in demonstrating great leadership by passing unanimously Florida’s groundbreaking ‘Child Abduction Prevention Act’ sponsored by child advocates Representative Darryl Rouson (St. Petersburg) and Senator Eleanor Sobel (Ft. Lauderdale). HB 787 will become law once Governor Crist signs the bill, as he expected to within the next few days.

On a House floor vote that occurred yesterday, HB 787 passed unanimously with 115 ‘Yeas’ to 0 ‘Nays’. Today, the Senate unanimously passed the legislation with 38 ‘Yeas’ and 0 ‘Nays’ votes.

Representative Darryl Rouson, who sponsored and guided the landmark legislation through the House of Representatives said, “Our children in the state of Florida have every right to be protected from any and all forms of abuse. The ‘Child Abduction Prevention Act’ will in fact protect our children from the abuse associated with the criminal act of child stealing. With an estimated 16,000 international child abductions alone in our country last year – a number that is growing at 40% per year - how could we as lawmakers not act expeditiously in order to protect our state’s and nation’s future: our treasured children? We simply cannot. It required a great deal of work, but today we now wait for Governor Crist’s signing of this bill into law. I say with great pride that the lawmakers of the great state of Florida realized the importance of this law and acted unilaterally for the best interest of the children of our state.”

Carolyn Ann Vlk, the ‘Child Abduction Prevention Act’ bill author, stated, “Today is a wondrous day! What began as not much more that a mother’s dream is now almost a reality. When I began writing Florida’s ‘Child Abduction Prevention Act’ it was my greatest desire that my home state put into place child abduction prevention legislation that could be utilized as precedence for other states. As soon as Governor Crist signs the proposed legislation into law, we will have that ability. Words cannot adequately express my appreciation for the bipartisan support exhibited while working together in creating legislation to protect all children. This is a moment I have long awaited and showcases democracy at its finest. What an outstanding day for the children and families of Florida.”

According to leading experts and advocates who focus in the area of parental child abduction, prevention law is critical. Outspoken children’s advocate and author of ‘Chasing The Cyclone’, Peter Thomas Senese, one of the bill’s lead advocates, added, “Child abduction prevention laws are a necessity and an integral part of each state’s ability to protect the best interests of their children-citizens who are at risk of abduction. Without a court’s ability to consider risk factors associated with a potential threat of abduction combined with the capability to act in ways that would prevent this crime from happening, the growing malignant plague of international parental child abduction that has silently swept through our nation will continue to increase. What is at risk as a nation is the disappearance of our most precious commodity: our children. And with international parental child abduction growing at approximately rapidly, laws such as Florida’s ‘Child Abduction Prevention Act’ will be our nation’s first line of defense against international parental child abduction. I suspect that many states that do not have preventive laws have now watched the great leadership Florida’s legislators demonstrated today. As a successful Chasing Parent who knows all too well the horrors associated with chasing the cyclones of international parental child abduction, I am deeply pleased in the knowledge that parents and their children who will come after me will benefit from the extensive effort put forth. No child or parent should ever have to know what it is like to have one parent attempt to steal and disappear with your child. This law will prevent much of this from happening. And I want to add that so much thanks must be extended to the amazing writer and spirit of the legislation, Carolyn Ann Vlk, and to Representative Darryl Rouson and his legislative aide Henry Moseley, Senator Eleanor Sobel and her legislative aide Nick Matthews, and the rest of the team that put their hearts, spirit, and best effort into guiding the passage of this what we expect to be an incredible law. Today is a great day for not only the children of Florida, but children our entire nation.”

Chasing Parent Captain William Lake, the father of Mary Victoria, who remains in Japan despite court orders seeking her rightful return stated, “ I am so pleased with today’s outcome in Florida’s Senate. It is my hope that through the passage of this law, children will no longer be deprived from the loving relationships of both parents. Unfortunately, too many children who are abducted come to believe that the left behind parent does not care or love them, when this is not true or accurate. No child should ever have to experience abduction and the denial of the other parent due to deceitful actions by the other parent. In my lobbying of this legislation, it was my desire to have a law passed that will protect innocent children from ever experiencing the unfair storms of parental abduction.”

If signed by child advocate Governor Crist as expected, HB 787 – The ‘Child Abduction Prevention Act’ will go into effect on January 1st, 2011.

Carolyn Ann Vlk concluded, “As the bill’s author, I would like to share with the people of my state that none of this would have been possible if it were not for Representative Darryl Rouson. He is a champion of our children. And Senator Eleanor Sobel acted in great ways to protect the children of our state. I want to thank each of them, along with their respective legislative aides, Henry Moseley and Nick Matthews, for all they have done.”

For more information, please visit:
www.floridachildabductionpreventionact.info
www.chasingthecyclone.com

Landmark Child Abduction Prevention Law On Horizon In Florida.

Lawmakers sitting on child advocate Representative Snyder’s ‘Criminal and Civil Policy Committee’ voted unanimously for the advancement of Representative Darryl Rouson and Senator Sobel’s sponsored ‘Child Abduction Prevention Act’ bill. The ‘Criminal and Civil Policy Committee’ was the last of six legislative committees that Carolyn Ann Vlk’s authored legislation needed to pass through. The bill, if now approved on both the Senate and on the House floors and then signed by Governor Crist will establish risk factors associated with potential parental child abduction and further provide courts with remedies to prevent a criminal abduction from occurring.

Today was a great day for the present and future children of Florida. With approximately 400,000 criminal parental child abductions occurring each year in this country, including nearly 11,000 international parental child abductions, the ‘Child Abduction Prevention Act’ bill will give courts the ability to act before the crime against innocent, defenseless children occurs.

Carolyn Ann Vlk said immediately after Representative Snyder’s committee’s ruling, “ With all of my heart, I want to thank Representative Darryl Rouson for his incredible and tireless efforts to protect the children of the state of Florida. Representative Rouson has acted with compassion while demonstrating incredible and necessary leadership the children of our state and their parents so desperately need.

“When I first set out to author the legislation that would become the ‘Child Abduction Prevention Act’, I have to admit it was no easy task. At the time that I sent out detailed packages of information regarding the growing severity of parental child abduction in our nation, including the fact that Florida had a very limited child abduction prevention law in place to dozens of lawmakers that I solicited, it was only Representative Darryl Rouson out of this group that immediately recognized the importance and need to have the state pass stronger child abduction prevention laws. At the time, I did not know just how dedicated of an advocate Representative Rouson is - a true legislative leader and complete defender of our children. I have such deep respect and admiration for him. When Representative Rouson and his legislative aide, Henry Moseley, invited me into their offices and began discussing child abduction, I realized I was sitting with two tenacious, intelligent men who really cared about our children. It was then that I realized Florida had a legitimate chance to pass preventive laws against child abduction.

“It has not been an easy road traveled on, but Representative Rouson and Henry Moseley worked long and hard at this bill. They have both been incredible. And I must acknowledge how Senator Eleanor Sobel soon realized the importance of this bill, and quickly sponsored it in the Senate. Between Representative Rouson and his dynamo legislative aid Henry Moseley, and, Senator Eleanor Sobel and her astute legislative assistant Nick Matthews, we had a strong nucleus.

“And when I reached out for much needed assistance, an incredible group of activist organized very quickly and worked tirelessly at educating the lawmakers here in our state’s capitol. It was remarkable that these caring individuals showed up - with Peter Thomas Senese and his family flying in from Los Angeles, and Ken Connelly flying in from Texas, and Captain William Lake coming down from the Pan Handle – all in the name of protecting our children. It was due to all of these combined efforts, and the fact that our lawmakers in this state really do now understand what is at risk, that today I am more optimistic than ever that the ‘Child Abduction Prevention Act’ will soon become law.”

Next up for HB787 and the identical SB1862 is for each bill to be read two more times in both the Senate and the House of Representatives. After the third reading in each legislative branch, the bill is then brought for a floor vote. With three committees in each branch voting unanimously for the bill’s passage thus far, it is expected that the bill will quickly pass Florida’s legislative body and brought before Governor Crist for signing.

Peter Thomas Senese, the author of ‘Chasing The Cyclone’ added after the vote, “Today we have seen how our nation’s perception of the cruel criminal act of parental child abduction is quickly changing from a non-event to the extraordinarily dangerous, abusive, and hideous crime against our children and their targeted parents that this act really is. With Florida’s Senate and House combining for six unanimous approval votes to pass the ‘Child Abduction Prevention Act’ bill, surely our nation and the world has taken notice.

“Unfortunately, our nation, and the world for this matter, has a growing epidemic called parental child abduction on its hands. According to various reports, international parental child abduction is increasing at a rate of nearly 40% per year. This is a giant leap in the number of international abductions – abductions that all too often do not have a positive outcome. So, in Florida, and due to a giant effort by Carolyn Ann Vlk, the lawmakers have acted swiftly. I applaud Representative Rouson and his legislative aid, the incredible Henry Moseley for taking the legislative lead on this important bill. And words of thanks and deep gratitude must be directed toward Senator Eleanor Sobel and her legislative aid Nick Matthews. But more than anyone, I want to thank my friend Carolyn Ann Vlk to have the courage and dedication to write the bill and work as hard as she has in order to protect our children. But we’re not done, the bills must pass both the senate’s and the house’s floor vote, then Governor Christ must sign this into law.”

Captain William Lake, the Floridian father of a young girl criminally kidnapped by the child’s mother and illegally detained in Japan said, “I am pleased to see that international parental child abduction is now beginning to be understood by policymakers the way it must. But my true hope, particularly in this state, is that the judges and our courts realize just how critical it is for them to act carefully and not blindly in the name of our children. They must actually enforce the laws they are responsible to enforce. So many abductions can be prevented if the courts act with caution and pay attention to warning signs and risk factors.”

For more information on Florida’s ‘Child Abduction Prevention Act’ bill, please visit www.floridachildabductionpreventionact.info. For more information on Peter Thomas Senese, International Parental Child Abduction, and ‘Chasing The Cyclone’, please visit www.chasingthecyclone.com.