[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 543 Reported in Senate (RS)]

                                                       Calendar No. 528
112th CONGRESS
  2d Session
S. RES. 543

  To express the sense of the Senate on international parental child 
                               abduction.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2012

  Mrs. Boxer (for herself, Mr. Lautenberg, Mr. Kerry, Mr. Lugar, Mr. 
Inhofe, Mr. Cardin, Ms. Mikulski, Mrs. Feinstein, Mrs. Gillibrand, Ms. 
Landrieu, Mr. Merkley, Mrs. Murray, Mr. Rubio, Mr. Leahy, Mr. Kirk, Mr. 
    Menendez, Mr. Casey, Mr. Moran, Mr. Wyden, Mr. Blumenthal, Mrs. 
Hutchison, Mr. Blunt, Mr. Roberts, Mr. Durbin, and Mr. Reed) submitted 
   the following resolution; which was referred to the Committee on 
                           Foreign Relations

                           September 19, 2012

   Reported by Mr. Kerry, with an amendment and an amendment to the 
                                preamble
[Strike out all after the resolving clause and insert the part printed 
                               in italic]
      [Strike the preamble and insert the part printed in italic]

_______________________________________________________________________

                               RESOLUTION


 
  To express the sense of the Senate on international parental child 
                               abduction.

<DELETED>Whereas international parental child abduction is a tragic and common 
        occurrence;
Whereas the abduction of a child by one parent is a heartbreaking loss for the 
        left-behind parent and deprives the child of a relationship with 2 
        loving parents;
Whereas, according to the Report on Compliance with the Hague Convention on the 
        Civil Aspects of International Child Abduction of the United States 
        Department of State from April 2010, research shows that abducted 
        children are at risk of significant short- and long-term problems, 
        including ``anxiety, eating problems, nightmares, mood swings, sleep 
        disturbances, [and] aggressive behavior'';
Whereas, according to that report, left-behind parents may also experience 
        substantial psychological and emotional issues, including feelings of 
        ``betrayal, sadness over the loss of their children or the end of their 
        marriage, anger toward the other parent, anxiety, sleeplessness, and 
        severe depression'', as well as financial strain while fighting for the 
        return of a child;
Whereas, since 1988, the United States, which has a treaty relationship under 
        the Convention on the Civil Aspects of International Child Abduction, 
        done at The Hague October 25, 1980 (TIAS 11670) (referred to in this 
        preamble as the ``Hague Abduction Convention'') with 69 other countries, 
        has agreed with its treaty partners to follow the terms of the Hague 
        Abduction Convention;
Whereas the Hague Abduction Convention provides a legal framework for securing 
        the prompt return of wrongfully removed or retained children to the 
        countries of their habitual residence where competent courts can make 
        decisions on issues of custody and the best interests of the children;
Whereas, according to the United States Department of State, the number of new 
        cases of international child abduction from the United States increased 
        from 579 in 2006 to 941 in 2011;
Whereas, in 2011, those 941 cases involved 1,367 children who were reported 
        abducted from the United States by a parent and taken to a foreign 
        country;
Whereas, in 2011, more than 660 children who were abducted from the United 
        States and taken to a foreign country were returned to the United 
        States;
Whereas 7 of the top 10 countries to which children from the United States were 
        most frequently abducted in 2011 are parties to the Hague Abduction 
        Convention, including Mexico, Canada, the United Kingdom, Germany, 
        Ecuador, Brazil, and Colombia;
Whereas Japan, India, and Egypt are not parties to the Hague Abduction 
        Convention and were also among the top 10 countries to which children in 
        the United States were most frequently abducted in 2011;
Whereas, in many countries, such as Japan and India, international parental 
        child abduction is not considered a crime, and custody rulings made by 
        courts in the United States are not typically recognized by courts in 
        those countries; and
Whereas Japan is the only member of the Group of 7 major industrialized 
        countries that has not ratified the Hague Abduction Convention: Now, 
        therefore, be it
</DELETED>Whereas international parental child abduction is a tragic and common 
        occurrence;
Whereas the abduction of a child by one parent is a heartbreaking loss for the 
        left-behind parent and deprives the child of a relationship with 2 
        loving parents;
Whereas, according to the Report on Compliance with the Hague Convention on the 
        Civil Aspects of International Child Abduction of the United States 
        Department of State from April 2010, research shows that abducted 
        children are at risk of significant short- and long-term problems, 
        including ``anxiety, eating problems, nightmares, mood swings, sleep 
        disturbances, [and] aggressive behavior'';
Whereas, according to that report, left-behind parents may also experience 
        substantial psychological and emotional issues, including feelings of 
        ``betrayal, sadness over the loss of their children or the end of their 
        marriage, anger toward the other parent, anxiety, sleeplessness, and 
        severe depression'', as well as financial strain while fighting for the 
        return of a child;
Whereas, since 1988, the United States, which has a treaty relationship under 
        the Convention on the Civil Aspects of International Child Abduction, 
        done at The Hague October 25, 1980 (TIAS 11670) (referred to in this 
        preamble as the ``Hague Abduction Convention'') with 69 other countries, 
        has agreed with its treaty partners to follow the terms of the Hague 
        Abduction Convention;
Whereas the Hague Abduction Convention provides a legal framework for securing 
        the prompt return of wrongfully removed or retained children to the 
        countries of their habitual residence where competent courts can make 
        decisions on issues of custody and the best interests of the children;
Whereas, according to the United States Department of State, the number of new 
        cases of international child abduction from the United States increased 
        from 579 in 2006 to 941 in 2011;
Whereas, in 2011, those 941 cases involved 1,367 children who were reported 
        abducted from the United States by a parent and taken to a foreign 
        country;
Whereas, in 2011, more than 660 children who were abducted from the United 
        States and taken to a foreign country were returned to the United 
        States;
Whereas 7 of the top 10 countries to which children from the United States were 
        most frequently abducted in 2011 are parties to the Hague Abduction 
        Convention, including Mexico, Canada, the United Kingdom, Germany, 
        Ecuador, Brazil, and Colombia;
Whereas Japan, India, and Egypt are not parties to the Hague Abduction 
        Convention and were also among the top 10 countries to which children in 
        the United States were most frequently abducted in 2011;
Whereas, in many countries, such as Japan and India, international parental 
        child abduction is not considered a crime, and custody rulings made by 
        courts in the United States are not typically recognized by courts in 
        those countries; and
Whereas Japan is the only member of the Group of 7 major industrialized 
        countries that has not yet become a party to the Hague Abduction 
        Convention: Now, therefore, be it
    Resolved, <DELETED>That--
        <DELETED>    (1) the Senate--</DELETED>
                <DELETED>    (A) condemns the unlawful international 
                abduction of all children;</DELETED>
                <DELETED>    (B) urges countries identified by the 
                United States Department of State as noncompliant or 
                demonstrating patterns of noncompliance with the 
                Convention on the Civil Aspects of International Child 
                Abduction, done at The Hague October 25, 1980 (TIAS 
                11670) (referred to in this resolution as the ``Hague 
                Abduction Convention'') to fulfill their commitment 
                under international law to expeditiously implement the 
                provisions of the Hague Abduction Convention;</DELETED>
                <DELETED>    (C) calls on all countries to accede to or 
                ratify the Hague Abduction Convention and to promptly 
                institute measures to equitably and transparently 
                address cases of international parental child 
                abduction; and</DELETED>
                <DELETED>    (D) calls on all countries that have not 
                acceded to or ratified the Hague Abduction Convention 
                to develop a mechanism for the resolution of current 
                and future cases of international parental child 
                abduction that occur before those countries accede to 
                or ratify the Hague Abduction Convention in order to 
                facilitate the prompt return of children abducted to 
                those countries to the children's countries of habitual 
                residence; and</DELETED>
        <DELETED>    (2) it is the sense of the Senate that the United 
        States should--</DELETED>
                <DELETED>    (A) aggressively pursue the return of each 
                child abducted by a parent from the United States to 
                another country through all appropriate means, 
                consistent with the Hague Abduction Convention, and 
                through extradition, when appropriate, and facilitate 
                access by the left-behind parent if the child is not 
                returned;</DELETED>
                <DELETED>    (B) take all appropriate measures to 
                ensure that a child abducted to a country that is a 
                party to the Hague Abduction Convention is returned to 
                the country of habitual residence of the child in 
                compliance with the provisions of the Hague Abduction 
                Convention;</DELETED>
                <DELETED>    (C) continue to use diplomacy to encourage 
                other countries to accede to or ratify the Hague 
                Abduction Convention and to take the necessary steps to 
                effectively fulfill their responsibilities under the 
                Hague Abduction Convention;</DELETED>
                <DELETED>    (D) use diplomacy to encourage countries 
                that have not acceded to or ratified the Hague 
                Abduction Convention to develop an institutionalized 
                mechanism to transparently and expeditiously resolve 
                current and future cases of international child 
                abduction that occur before those countries accede to 
                or ratify the Hague Abduction Convention; and</DELETED>
                <DELETED>    (E) review the advisory services made 
                available to United States citizens by the United 
                States Department of State, the United States 
                Department of Justice, and other United States 
                Government agencies--</DELETED>
                        <DELETED>    (i) to improve the prevention of 
                        international parental child abduction from the 
                        United States; and</DELETED>
                        <DELETED>    (ii) to ensure that effective and 
                        timely assistance is provided to United States 
                        citizens who are parents of children abducted 
                        from the United States and taken to foreign 
                        countries.</DELETED>
    That--
            (1) the Senate--
                    (A) condemns the international abduction of all 
                children;
                    (B) urges countries identified by the United States 
                Department of State as noncompliant or demonstrating 
                patterns of noncompliance with the Convention on the 
                Civil Aspects of International Child Abduction, done at 
                The Hague October 25, 1980 (TIAS 11670) (referred to in 
                this resolution as the ``Hague Abduction Convention'') 
                to fulfill their commitment under international law to 
                expeditiously implement the provisions of the Hague 
                Abduction Convention;
                    (C) calls on all countries to become a party to the 
                Hague Abduction Convention and to promptly institute 
                measures to equitably and transparently address cases 
                of international parental child abduction; and
                    (D) calls on all countries that have not become a 
                party to the Hague Abduction Convention to develop a 
                mechanism for the resolution of current and future 
                cases of international parental child abduction that 
                occur before those countries become a party to the 
                Hague Abduction Convention in order to facilitate the 
                prompt return of children abducted to those countries 
                to the children's countries of habitual residence; and
            (2) it is the sense of the Senate that the United States 
        should--
                    (A) vigorously pursue the return of each child 
                abducted by a parent from the United States to another 
                country through all appropriate means, facilitate 
                access by the left-behind parent if the child is not 
                returned, and, where appropriate, seek the extradition 
                of the parent that abducted the child;
                    (B) take all appropriate measures to ensure that a 
                child abducted to a country that is a party to the 
                Hague Abduction Convention is returned to the country 
                of habitual residence of the child in compliance with 
                the provisions of the Hague Abduction Convention;
                    (C) continue to use diplomacy to encourage other 
                countries to become a party to the Hague Abduction 
                Convention and to take the necessary steps to 
                effectively fulfill their responsibilities under the 
                Hague Abduction Convention;
                    (D) use diplomacy to encourage countries that have 
                not become a party to the Hague Abduction Convention to 
                develop an institutionalized mechanism to transparently 
                and expeditiously resolve current and future cases of 
                international child abduction that occur before those 
                countries become a party to the Hague Abduction 
                Convention; and
                    (E) review the advisory services made available to 
                United States citizens by the United States Department 
                of State, the United States Department of Justice, and 
                other United States Government agencies--
                            (i) to improve the prevention of 
                        international parental child abduction from the 
                        United States; and
                            (ii) to ensure that effective and timely 
                        assistance is provided to United States 
                        citizens who are parents of children abducted 
                        from the United States and taken to foreign 
                        countries.




                                                       Calendar No. 528

112th CONGRESS

  2d Session

                              S. RES. 543

_______________________________________________________________________

                               RESOLUTION

  To express the sense of the Senate on international parental child 
                               abduction.

_______________________________________________________________________

                           September 19, 2012

      Reported with an amendment and an amendment to the preamble