[Congressional Record Volume 150, Number 125 (Wednesday, October 6, 2004)]
[House]
[Pages H8399-H8401]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONDEMNING ABDUCTION OF DYLAN BENWELL
Mr. TANCREDO. Mr. Speaker, I move to suspend the rules and agree to
the resolution (H. Res. 821) condemning the abduction of Dylan Benwell
from the United States and calling for his return.
The Clerk read as follows:
H. Res. 821
Whereas Dylan Benwell, a 9-year-old lawful permanent
resident with an application pending for United States
citizenship, was taken from his home in Winthrop Harbor,
Illinois, on July 22, 2004, by his maternal grandparents,
Timothy and Ethel Blake, both of whom are citizens of
Ireland;
Whereas Dylan and his mother once lived in Ireland with his
maternal grandparents;
Whereas Dylan has legally remained in the sole custody of
his mother Serena Benwell, and adoptive father, John Benwell,
after a Virginia juvenile district court ruled on December
14, 2001, that Dylan should remain in the custody of his
mother and stepfather;
Whereas Dylan and 3 of his siblings have been adopted by
John Benwell, a United States citizen;
Whereas Dylan and his 5 brothers and sisters are a part of
a caring and loving family;
Whereas Ethel Blake attempted to kidnap Dylan in 1999 from
his kindergarten class in Virginia, and was charged with
domestic battery upon John Benwell;
Whereas on July 16, 2001, Dylan told a Virginia social
worker that he did not want to live in Ireland again with his
grandparents and that he wished to live in the United States
with his immediate family;
Whereas on November 29, 2001, Dylan told a social worker
with Winthrop Harbor Schools, in Illinois, that he wanted to
live with his mother, stepfather, and siblings and he also
expressed worries that his grandparents might try to take him
away again;
Whereas on December 6, 2001, after an individual session
with Dylan, a social worker with the Great Lakes Naval
Hospital reported to the Virginia juvenile district court
that Dylan feared his grandparents after the first kidnapping
attempt, after explaining that he did not wish to live with
his grandparents because he had no friends to play with in
Ireland, and implying that his grandparents spent a large
part of their time drinking beer;
Whereas in recorded telephone conversations in the
possession of the police department of Winthrop Harbor,
Illinois, Dylan told Timothy Blake that he did not want to
live with the Blakes in Ireland;
Whereas in 2001, a petition for the return of Dylan from
the United States to Ireland, filed by Timothy and Ethel
Blake in accordance with the Hague Convention on the Civil
Aspects of International Child Abduction, signed at The Hague
on October 25, 1980 (TIAS 11670) (``Hague Convention''), was
rejected by a United States court which held that the Blakes
had no custodial rights to Dylan upon relocation of the
child's mother to the United States with her American
husband;
Whereas Timothy and Ethel Blake succeeded in kidnapping
Dylan from his home in Illinois 5 years after the initial
attempt in Virginia, and have shown little concern for the
trauma that the abduction of Dylan has caused their other
grandchildren;
Whereas warrants for the arrest of Timothy and Ethel Blake
on charges of aggravated kidnapping, a felony, have been
issued by the State of Illinois and United States officials
have filed a Hague Convention petition for custody of Dylan
on behalf of the Benwell family;
Whereas the Congress, in 1932, enacted the first Federal
kidnapping statute, in response to the kidnapping and murder
of the infant son of Charles Lindbergh;
Whereas the Congress recognizes the gravity of
international child abduction and enacted the International
Parental Kidnapping Crime Act of 1993 (adding section 1204 to
title 18, United States Code), the Parental Kidnapping
Prevention Act of 1980 (adding section 1738A to title 28,
United States Code, and section 463 to the Social Security
Act), and substantial reform and reporting requirements for
the Department of State through foreign relations
authorization Acts for the fiscal years 1998 through 2001;
Whereas the United States is a contracting party to the
Hague Convention, and adopted effective implementing
legislation in the International Child Abduction Remedies Act
(42 U.S.C. 11601 et seq.);
Whereas Ireland is a contracting party to the Hague
Convention and adopted legislation for the implementation of
the Act under the Child Abduction and Enforcement of Custody
Orders Act (S.I. No. 235/1991); and
Whereas the Hague Convention establishes reciprocal rights
and duties between and among its contracting states to
expedite the return of abducted children to their states of
[[Page H8400]]
habitual residence, and to ensure that the custodial and
parental access rights of one contracting state are
effectively respected in other contracting states: Now,
therefore, be it
Resolved, That the House of Representatives--
(1) condemns the abduction of Dylan Benwell from his home
in the United States, the country of his custodial mother's
domicile;
(2) commends the actions taken by the Office of Children's
Issues of the Department of State and the United States
Embassy in Dublin, Ireland;
(3) commends the hard work and dedication of the police
department of Winthrop Harbor, Illinois, especially that of
Detective Sergeant Tim Borowski;
(4) calls on the Government of Ireland to recognize that
the safety and welfare of Dylan are the foremost concern;
(5) urges the Government of Ireland to recognize the
decision of the Virginia juvenile district court;
(6) calls upon the Government of Ireland to recognize that
this matter does not pertain to the custodial rights of
Dylan's maternal grandparents, a matter already decided by
the courts, and instead relates to a violation of United
States law and the Hague Convention on the Civil Aspects of
International Child Abduction, signed at The Hague on October
25, 1980 (TIAS 11670) (``Hague Convention'');
(7) urges the Government of Ireland not to reward or
condone the unlawful action of Timothy and Ethel Blake, two
Irish nationals, by keeping Dylan from his family; and
(8) urges the Government of Ireland to recognize that as a
matter of international law under Article 1 of the Hague
Convention, the Government of Ireland is required to secure
the prompt return of Dylan, on the basis that Dylan was
wrongfully removed from his home in the United States, a
contracting state to the Convention.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Colorado (Mr. Tancredo) and the gentleman from New Jersey (Mr. Payne)
each will control 20 minutes.
The Chair recognizes the gentleman from Colorado (Mr. Tancredo).
General Leave
Mr. TANCREDO. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous material on H. Res. 821.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Colorado?
There was no objection.
Mr. TANCREDO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, child abduction is a terrible problem. Any parent's
worst nightmare is to have a child abducted. The initial panic and then
the terrified waiting to find out whether your beloved offspring is
alive or dead is dreadful. Our government must do everything necessary
to protect all of our people, especially our Nation's children.
This resolution condemns one of the most trying types of abduction,
the abduction of a child by his maternal grandparents, who spirited him
out of the United States to Ireland. Dylan Benwell was abducted almost
literally from the arms of his parents.
Both Ireland and the United States are parties to the Hague
Convention which deals with child abduction. It is my hope and the hope
of the chief sponsor of this resolution that the Hague Convention
process works and works expeditiously so that Dylan can be returned as
soon as possible to the arms of his parents here in the United States.
{time} 0245
I hope all Members will join me in supporting H. Res. 821. We wish
for a speedy return home for Dylan and for all children who have been
similarly victimized.
Mr. Speaker, I reserve the balance of my time.
Mr. PAYNE. Mr. Speaker, I rise in support of this resolution, and I
yield myself such time as I may consume.
Mr. Speaker, the resolution before the House condemns the recent
abduction of an Illinois boy, Dylan Benwell, from the United States and
calls for his immediate return home.
Mr. Speaker, until 10 weeks ago, Dylan Benwell was a happy, 9-year-
old boy living at home with his mother and adopted father in Illinois,
along with his 5 brothers and sisters. But on July 22nd, Dylan was
abducted by his maternal grandparents and taken to their native home of
Ireland.
Despite the fact that the United States courts have determined that
Dylan's mother and adopted father have sole custody of the boy, Dylan
has yet to be returned to his parents in the United States.
This resolution calls upon the Irish government to secure the prompt
return of Dylan pursuant to Article I of the Hague Convention.
Hopefully, by raising the profile of this case, Congress can increase
the chances of a happy ending to this terrible saga.
Mr. Speaker, I urge my colleagues to support this resolution.
Mr. Speaker, I yield back the balance of my time.
Mr. TANCREDO. Mr. Speaker, I yield such time as he may consume to the
gentleman from Illinois (Mr. Crane).
(Mr. CRANE asked and was given permission to revise and extend his
remarks.)
Mr. CRANE. Mr. Speaker, I thank the distinguished colleague for
yielding me this time.
Mr. Speaker, I rise today to encourage my colleagues to support House
Resolution 821, a resolution condemning the abduction of Dylan Benwell
from the United States and calling for his return.
Dylan Benwell was born in Ireland to Irish parents. Dylan's
biological father died when he was 2 weeks old and his maternal
grandparents, Timothy and Ethel Blake, helped care for Dylan following
his father's death. Within a few years, Dylan's mother, Serena, met and
married an American named John Benwell. Dylan moved with the family to
the United States where John was stationed in the Navy in Norfolk,
Virginia.
In 2001, Dylan's grandparents, the Blakes, filed for custody of
Dylan, which was inexplicably granted by the Irish courts. When Dylan
was in kindergarten, the Blakes attempted, but failed, to kidnap him
from Virginia. The Blakes then filed a Hague Convention request, asking
the courts to order the return of Dylan back to Ireland.
The case was heard in Chesapeake, Virginia and the Virginia court
determined that Dylan should remain in the custody of his mother in the
United States. Therefore, in the opinion of U.S. authorities, the
question of custody has already been adjudicated, and it is clear that
Dylan should be with his parents.
The Benwells moved to Winthrop Harbor, Illinois, which is in my
district, after John Benwell was transferred to the Great Lakes Naval
Station. While in Illinois, John Benwell adopted Dylan and his 3 older
brothers. He and Serena also have 2 other children. The 4 oldest boys,
including Dylan, have applied for American citizenship.
Unfortunately, the Blakes have remained obsessed with Dylan. As part
of the 2001 decision, they were allowed to speak with Dylan on the
telephone. During these conversations, they routinely asked Dylan if
they wanted to live with them in Ireland. Dylan's answer was always no.
Of course, Dylan's mother, his legal guardian, would not send him off
with his grandparents.
Recently, the Blakes called Serena Benwell asking to see Dylan. They
claimed that Timothy Blake was dying and wanted to make amends for
attempting to kidnap Dylan 4 years ago. Serena finally gave in and
allowed the Blakes to come to the U.S. to visit Dylan.
On Thursday, July 22, 2004, the Blakes took Dylan to lunch. In order
to make sure the Blakes did not kidnap her son again, Mrs. Benwell
asked them to give her their passports, which they did. Unfortunately,
the passports were fakes and they took Dylan to Chicago's O'Hare
International Airport and boarded a British Airways flight to Ireland.
The Winthrop Harbor Police missed the Blakes and Dylan at the airport
by just 15 minutes.
Dylan Benwell is only 9 years old. Many of us have children and
grandchildren who are Dylan's age. Can my colleagues imagine the fear
and confusion that this poor child is going through? Can my colleagues
imagine their child or grandchild going through this?
Mr. Speaker, I am afraid for Dylan's safety. Consider the following:
in a sworn affidavit, Mrs. Benwell told police detectives that her
father, Timothy Blake, told her in 2001 that they wished that they had
killed Dylan and themselves while they had him rather than allow him to
become an American. In addition, according to Mrs. Benwell, Mr. Blake
had attempted suicide in 1987, and Mrs. Benwell has also stated that
her father physically abused her as a child.
[[Page H8401]]
To make matters worse, in 1999, after the Blakes attempted to kidnap
Dylan from kindergarten, Ethel Blake was arrested in Virginia for
physically striking John Benwell while he was holding his then 2-month-
old daughter. Mrs. Benwell also told police that both of her parents
have been patients in psychiatric institutions. After the abduction,
when the Winthrop Harbor Police searched the hotel where the Blakes had
been staying, they found several prescription drugs in the Blakes' room
that are used to treat psychiatric and emotional disorders such as
schizophrenia, depression, and anxiety.
For all of these reasons, I am deeply concerned about Dylan Benwell's
safety and well-being. It is imperative that we return Dylan back to
the care of his loving parents. I have been working with the State
Department, which is very concerned, and has noted that this is a
particularly worrisome case. The State Department believes that the
Blakes took the case in their own hands and are now forum shopping,
which completely goes against Hague Convention agreements.
It is essential that we in the House of Representatives urge the
government of Ireland to recognize the decision of the Virginia
juvenile district court. Above all, the Blakes should return Dylan
promptly to his parents.
In passing this resolution today, the House of Representatives is
making an important statement. Perhaps we are also giving some greater
hope to a family in need of some hope. They have been through so much.
Mr. Speaker, it is for all of these reasons that I introduced House
Resolution 821. I am committed to ensuring we return Dylan Benwell to
the United States and to his family. So I urge my colleagues to vote in
favor of this important resolution.
I would like to thank the gentleman from Illinois (Speaker Hastert),
the gentleman from Texas (Majority Leader DeLay), and the gentleman
from Illinois (Chairman Hyde) for supporting my efforts to help Dylan
and the Benwells. I want to also thank all of the Members who
cosponsored this resolution, as well as the staff that helped bring
this urgent resolution to the House Floor so expeditiously.
My deepest prayers and sympathy are for Dylan, his mother, Serena
Benwell, and their family, as they go through these trying times.
Mr. HYDE. Mr. Speaker, one of the most heart-wrenching issues we will
ever contemplate is the problem of child abductions. As a parent of
four children and four grandchildren, I cannot think of a more
terrifying nightmare than one in which one of my children or
grandchildren were abducted or killed. The sheer panic, fear, and
helplessness one must feel has to be paralyzing. I believe in a
government that stands up for the rights of all people, including the
most helpless ones--children.
While far too many crimes are committed against children by
strangers, amazingly enough, some of the perpetrators of the worst
types of crimes against children are parents or relatives. In the case
before us, young Dylan Benwell was kidnapped from his parents by his
maternal grandparents, Timothy and Ethel Blake, and taken to Ireland.
Dylan's mother and the Blakes had suffered an estranged relationship
as a result of a previous attempt by the Blakes to kidnap Dylan.
Dylan's mother finally relented and allowed her son to visit his
grandparents because she was told that her father, Mr. Blake, was dying
of cancer. Dylan's mother took her parents' passports as a precaution
so that Dylan could not be kidnapped to Ireland. Shockingly, the Blakes
had planned the kidnapping to such a degree that they already had
duplicate passports issued, and once Dylan was in their possession,
they immediately left with him for Ireland.
Dylan is not alone in his victimization. According to the State
Department, more than 16,000 cases of international child abductions
were reported in the past two decades.
The Hague Convention on the Civil Aspects of International Child
Abduction serves as an important diplomatic tool in achieving the
return of abducted children. Both the United States and the Republic of
Ireland are contracting parties to the Hague convention, which
establishes reciprocal duties to expedite the return of abducted
children to their habitual residence. In Dylan's case, arrest warrants
for aggravated kidnapping have been issued by the State of Illinois for
the Blakes, and a Hague Convention petition has been filed on behalf of
Dylan's parents for his return. Dylan's family now sits helplessly
awaiting the Hague Convention process to bring him home to them.
Unfortunately, many countries have failed to take their obligations
seriously in making certain that these children are sent home. Yet, in
the instant case, I am confident that Ireland will follow the Hague
Convention process scrupulously, as it has been an excellent treaty
partner in the past. Considering the unusual facts of this case,
however, it is my hope that Ireland expeditiously resolves this matter
and finds that Dylan must be sent home.
In the meantime, it is imperative that our government continues to
press all nations to take seriously their international treaty
obligations under The Hague Convention, and to bring home our children.
I'd like to commend both the State Department for its efforts in
bringing Dylan home and the efforts of my dear friend, Congressman Phil
Crane. I know that he is doing everything possible to reunite Dylan
with his parents.
I hope all Members will join me in supporting H. Res. 821. We wish
for a speedy return home for Dylan and for all other children who have
been similarly victimized.
Mr. TANCREDO. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Ose). The question is on the motion
offered by the gentleman from Colorado (Mr. Tancredo) that the House
suspend the rules and agree to the resolution, H. Res. 821.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the resolution was agreed to
A motion to reconsider was laid on the table.
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