[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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