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

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.

Florida 's Child Abduction Prevention Act bill passes Senate Judiciary Committeee

FOR IMMEDIATE RELEASE

March 26th, 2010

Tallahassee



Florida’s ‘Child Abduction Prevention Act’ Bill Overwhelmingly Passes Crucial Senate Judiciary Committee. Momentum Grows For Bill’s Passage Into Law.



Hope grows for tens of thousands of children in Florida and hundreds of thousand of children in the nation as Florida Senate’s Judiciary Committee supports the Child Abduction Prevention Act bill.

After traveling 3,000 miles from Los Angeles, child advocate, successful Chasing Parent, producer and narrator of the ground-breaking documentary film ‘Chasing Parents: Racing Into The Storms Of International Parental Child Abduction’, and the author of the highly anticipated book publication ‘Chasing The Cyclone’ Peter Thomas Senese said after his impassioned testimony before the Florida Senate’s Judiciary Committee, “Today, I am extraordinarily pleased with the Florida Senate’s Judiciary Committee’s overwhelming decision to boldly share with the citizens of Florida, and for that matter, the world, that lawmakers in this great state are serious about preventing the intolerable, cruel, and at times deadly crime of parental child abduction hundreds of thousands of our defenseless and innocent child-citizens must painstakingly endure each year, that is of course, if they are lucky enough to survive their kidnapping all together. Under today’s exemplary leadership of Judiciary Committee Chairman Senator Joe Negron, the ‘Child Abduction Prevention Act’ bill was passed unanimously (9 Yeas and 0 Nay’s).

“Unquestionably, SB1862 and the House’s adjoining bill HB787, if passed into law, will provide courts and judges mandated with the responsibility to protect our children’s welfare and safety with the opportunity to consider apparent risk factors that are indicative that a parental child abduction is either planned or in progress, and, it further provides ways courts may act in order to preempt the criminal abduction of an unsuspecting, defenseless child from their targeted parent. Additionally, this bill, when passed into law, will place accountability onto the courts and its judges. No longer will the pleading voices of Florida’s citizens who come to court urgently seeking a judge’s assistance related to a planned or in progress abduction fall on deft ears. If this bill becomes law, everything changes.

“As a loving and committed father who extensively searched for my own child in multiple countries and who successfully litigated in several foreign jurisdictions, I cannot express how critical it is for preventative laws to be passed and upheld everywhere. Today, the state of Florida demonstrated great national and global leadership. On this note, I would like to personally thank the bill’s sponsor, Representative Darryl Rouson, who has worked tirelessly and stood unbowed in his campaign not only to educate the state’s other esteemed lawmakers about the growing worldwide epidemic that destroys many of the lives who cross its path, but to earnestly protect the lives of our children everywhere.”

Carolyn Ann Vlk, a remarkable mother desperately trying to prevent the international abduction of her own child, and, the critical bill’s author provided the Senate’s Committee testimony from the perspective of a parent attempting to prevent their child from being stolen overseas. Ms. Vlk said, “I am immensely pleased that the Florida Senate and House of Representatives members are realizing that child abduction prevention law is a necessity in the name of our children’s best interest. In today’s Senate Judiciary Committee’s unanimous vote to move the bill through committee, it is clear that our lawmakers are realizing the necessity of this bill.”

Captain William Lake, who presently is seeking for the rightful return of his child who was criminally abducted to the parental abductor safe-haven nation of Japan added, “As a father who has a criminally abducted daughter, Mary Victoria, residing illegally in Japan with her non-Japanese national mother, I cannot express how critical it is for the State of Florida as a whole to understand and address the issues at hand regarding international parental child abduction. Unquestionably, it is through preventive laws that we will realize a dramatic reduction in these types of crimes. I am very hopeful that the political leadership of my state of Florida is not only recognizing the importance of this bill, but voicing an opinion for the rest of the nation about the need to protect our children before a crime of abduction occurs against them.”

Child Advocate Representative Darryl Rouson, the House bill’s sponsor remarked, “I am extremely pleased with today’s Senate Judiciary Committee passage of the Child Abduction Prevention Act bill. Obviously there is more work to do; however, it is becoming clearer by the day that my fellow lawmakers realize just how critical this bill is for all children residing in the state of Florida. Unquestionably, when the Child Abduction Prevention Act becomes law, the safety of our children in this state will increase substantially. And that, our children’s safety, is what this is all about.”

‘Chasing Parents: Racing Into The Storms Of International Parental Child Abduction’ Co-Producer and author of ‘Throwing Stones’ Ken Connelly said, “I am very happy not only for the children-citizens of Florida, but also for children in America and all struggling parents left behind. The passage of this bill through this critical committee makes the work that I as well as the work of other advocates well worth it. However, we’re not done yet. We still need the voices in the state of Florida to encourage their legislators to pass this bill when it comes to a floor vote. Nevertheless, today was a big victory for the children of Florida.”

Senator Eleanor Sobel, the Senate’s sponsor of the SB1862 stated today at the hearing her satisfaction with the committee’s passage of the bill.

It has been reported by various United States Government records that there are nearly 400,000 parental child abductions that occur each year. Various studies indicate that there exists hundreds of thousands more than what has been accounted for. Of this total, it is unofficially estimated that there are over 10,000 criminal international parental child abductions each year. Due to incredible hardships faced by Chasing Parents left behind in the wake of their child’s abduction, too many of this nation’s stolen children are never returned. Common difficulties Chasing Parents encounter include the mountainous and complete financial burden a parent faces in attempting to rescue their child even though child abduction is a federal and state crime. In addition, since most of these types of abductions are well planned and schemed, many abducted children literally disappear with their abducting parent. Notwithstanding, many nations who are signatories of the Hague Convention do not uphold the spirit and law of the treaty to which they signed while other nations have not signed any international agreement at all.

If Florida’s ‘Child Abduction Prevention Act’ becomes law, it is anticipated that a significant number of would-be abductions would be prevented, and financial relief would occur for an already financially strained legal system.

For more information on parental child abduction, please visit www.chasingthecyclone.com

florida's House Bill 787 Advances: Hope Spreads For Children

The State of Florida’s legislatures are voicing their grave concern over the growing criminal epidemic that is known as parental child abduction.

Today in Tallahassee, the House of Representative’s Committee on ‘Public Safety And Domestic Security Policy’, led by Committee Chairman Kevin Ambler, voted Unanimously on child advocate and House Representative Darryl Rouson’s House sponsored bill known as ‘The Child Abduction Prevention Act’ (HB787).

The next step for this critical legislation is for the bill to now be placed on the Senate’s Judiciary Committee. Committee Chairman Senator Negron is anticipated to place SB1862 before the Judiciary Committee in the upcoming weeks. Two weeks ago, the ‘Senate’s Children, Families, and Elder Affairs Committee’s unanimous vote of eight ‘Yeas’ and zero ‘Nays’ in support of passing the proposed act that defines risk factors related to a potential parental child abduction, and offers remedies that the Florida courts should consider when dealing with a potential parental child abduction.

Senator Eleanor Sobel is the Senate’s sponsoring legislature of the ‘Child Abduction Prevention Act’.

Representative Rouson has worked tirelessly in trying to bring to light the hardship innocent children-victims must endure in the wake of a parental abduction. In sponsoring the ‘Child Abduction Prevention Act’, Representative Rouson has made it clear that children shall no longer be used as pawns to inflict abuse by the act of one parent criminally abducting a child against court orders from the other parent.

Carolyn Ann Vlk, the author of the ‘Child Abduction Prevention Act’, stated today, “By identifying risk factors and preventative measures of abduction, it will be possible to reduce the number of families touched by the tragedy of child abduction. I am pleased by the committee’s unanimous decision to move this important legislation forward so we may finally protect Florida’s children and families. We as a group have worked very hard at trying to educate others about the seriousness of this growing problem. It appears that our voices are being heard. I hope that one day soon, the ‘Child Abduction Prevention Act’ will be passed into law, and the great state that I live in will send a message of intolerance to all those who chose not to act in the best interests of our children. Parental Child Abduction is a serious and grave crime against both child and Chasing Parent. It is not to be toleratred.”

Representative Darryl Rouson, the guiding legislative force behind the bill said today, “This is a common sense bill that passed unanimously because it strengthens protection for our vulnerable children and worried parents. We are overjoyed that more abductions will be prevented. There is more work to be done; however, I am confident by the clear vote today that my fellow lawmakers in the wonderful state of Florida will realize how critical this bill is in the name not only of our children, but by passing this bill into law, a message of leadership and intolerance will be heard across the country. No child should be abducted if we can prevent this crime from happening. ‘The Child Abduction Prevention Act’ will stop many abductions.”

Captain William Lake, who also appeared before the House Committee guided by Representative Kevin Ambler said, “I am excited by the actions of the committee members today, and I will be returning to Tallahassee over the next month to make sure this good bill is signed into law. It is satisfying that the issues of education and prevention are coming into light. It is only through preventive laws that we will see a dramatic reduction in this crime against our children.” Captain Lake is a Chasing Parent who presently has a child who was criminally abducted to the non-Hague signatory country of Japan; a country known as a safe-harbor for child-abductor nationals. Today, Captain Lake continues to fight the fight needed to bring his child home.

Peter Thomas Senese, the author of ‘Chasing The Cyclone’ and producer of the documentary film ‘Chasing Parents: Racing Into The Storms of International Parental Child Abduction’ added, “Today, a clear call to arms was heard in Florida’s legislature that child abduction will not be tolerated. I applaud my friends Carolyn Ann Vlk, Ken Connelly, and Captain Lake in their efforts to educate others of this serious crime. It is through our efforts as advocates of children that our experienced concern and understanding awakened the righteous hand of lawmakers, who are mothers and fathers, and children too. I commend Representative Kevin Ambler for his superior guidance today at the ‘Public Safety And Domestic Security Policy’ committee level. And unquestionably, Representative Darryl Rouson’s tireless and completely committed willingness to have this bill passed into law says so much about his willingness to protect the children of the state. Up next, are two more committees: one in the House and one in the Senate. But it is becoming clear: the citizens of Florida and its policymakers will no longer tolerate child abduction. There is great leadership coming out of Florida in the name of protecting our children. And the world today is not only watching, but it is applauding.”