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U.S. DEPARTMENT OF STATE, BUREAU OF CONSULAR AFFAIRS
INTERNATIONAL CHILD ABDUCTION
JANUARY 1995



INTRODUCTION

Parental child abduction is a tragedy.  When a child is abducted across
international borders, the difficulties are compounded for everyone
involved.  This pamphlet is addressed to the adult most directly affected
by international child abduction, the left-behind parent.

The Department of State's Office of Children's Issues (CA/OCS/CI) deals
with the victims of international parental child abduction every day.
Since the late 1970's, we have been contacted in the cases of approximately
7,000 American children who were either abducted from the United States or
prevented from returning to the United States by one of their parents.  At
the time of publication, we have over 1,200 active, unresolved cases on
file.

You, as the deprived parent, must direct the search and recovery operation
yourself.  Because it can be a bewildering experience, we have prepared a
checklist for you (see page 28).  In this booklet, we tell you what the
Department of State can and cannot do to help you (see page 4).  In
addition, because we are only part of the network of resources available to
you, we mention other avenues to pursue when a child or children have been
abducted across international borders.  Your case is unique, and you will
have to decide how much of the information here is useful and whether it
can be applied to your particular needs to resolve your crisis.

If you have any further questions, please call us at 202-736-7000.  You may
also fax us at 202-647-2835, or write to us at:

Office of Children's Issues CA/OCS/CI, Room 4811, Department of State
Washington, D.C. 20520-4818.

Ninth Edition
January 1995



PART I- PREVENTION

HOW TO GUARD AGAINST INTERNATIONAL CHILD ABDUCTION

How Vulnerable is Your Child?

You and your child are most vulnerable when your relationship with the
other parent is broken or troubled; the other parent has close ties to
another country; and the other country has traditions or laws that may be
prejudicial to a parent of your gender or to aliens in general.

Cross-cultural Marriages:  Should You or Your Child Visit the Country of
the Other Parent?

Many cases of international parental child abduction are actually cases in
which the child traveled to a foreign country with the approval of both
parents but was later prevented from returning to the United States.  While
these cases are not abductions, but wrongful retentions, they are just as
troubling to a child.  Sometimes the marriage is neither broken nor
troubled, but the foreign parent, upon returning to his or her country of
origin, decides not to return to the U.S. or to allow the child to do so.
A person who has assimilated a second culture may find a return to his or
her roots traumatic and may feel a pull to shift loyalties back to the
original culture.  A person's personality may change when he or she returns
to the place where he or she grew up.

In some traditional societies, children must have their father's permission
and a woman must have her husband's permission to travel.  If you are a
woman, to prevent your own or your child's detention abroad, find out about
the laws and traditions of the country you plan to visit or to allow your
child to visit, and consider carefully the effect that a return to his
roots might have on your husband.   The Office of Children's Issues has
several country flyers that provide some general information.  For detailed
advice in your specific case, you may wish to contact an attorney in that
country.  We can provide you with a list of attorneys practicing around the
word.

Precautions That Any Vulnerable Parent Should Take

In international parental child abduction, an ounce of prevention is worth
a pound of cure.  Be alert to the possibility and be preparedÇkeep a list
of the addresses and telephone numbers of the other parent's relatives,
friends, and business associates both here and abroad.  Keep a record of
other important information on the other parent, including these numbers:
passport, social security, bank account, driver's license, and auto
license.  In addition, keep a written description of your child, including
hair and eye color, height, weight, and any special physical
characteristics.  Take color photographs of your child every six months.
If your child should be abducted, this information could be vital in
locating your child.

The National Center for Missing and Exploited Children (NCMEC at
telephone [phone] ), in addition, suggests that you teach your child
to use the telephone; practice making collect calls; and  instruct him or
her to call home immediately if anything unusual happens.  If you feel your
child is vulnerable to abduction, get professional counseling.  Do not
merely tell a friend about your fears.

The Importance of a Custody Decree

Under the laws of many American states and many foreign countries, if there
is no decree of custody prior to an abduction, both parents are considered
to have equal legal custody of their child.  If you are contemplating
divorce or separation, or are divorced or separated, or even if you were
never legally married to the other parent, obtain a decree of sole custody
or a decree that prohibits the travel of your child without your permission
or that of the court as soon as possible.  If you have or would prefer to
have a joint custody decree, make certain that it prohibits your child from
traveling abroad without your permission or that of the court.

How to Draft or Modify a Custody Decree

A well-written custody decree is an important line of defense against
international parental child abduction.  NCMEC, in its publication Family
Abduction: How to Prevent an Abduction and What to Do If Your Child is
Abducted, has several recommendations to help prevent the abduction of your
child if your spouse is a legal permanent resident alien or a U.S. citizen
with ties to a foreign country.  For instance, it may be advisable to
include court-ordered supervised visitation and/or prohibiting your child
from traveling without your permission or that of the court.  If the
country to which your child might be taken is a member of the Hague
Convention on International Child Abduction (see page 9), the custody
decree should state that the parties agree that the terms of the Hague
Convention apply should an abduction or wrongful retention occur.  The ABA
also suggests having the court require the alien parent or the parent with
ties to a foreign country to post a bond.  This may be useful both as a
deterrent to abduction and, if forfeited because of an abduction, as a
source of revenue for you in your efforts to locate and recover your child.
For further information, you may contact the NCMEC at the address on page
19.

How a Custody Decree Can Help

Obtain several certified copies of your custody decree from the court that
issued it. Give a copy to your child's school and advise school personnel
to whom your child may be released.

U.S. Passports

From the Department of State, you may learn whether your child has been
issued a U.S. passport.  You may also ask that your child's name be entered
into the State Department's passport name check system.  This will enable
the Department to notify you or your attorney if an application for a U.S.
passport for the child is received anywhere in the United States or at any
U.S. embassy or consulate abroad.  If you have a court order that either
grants you sole custody or prohibits your child from traveling without your
permission or the permission of the court, the Department may also refuse
to issue a U.S. passport for your child.  The Department may not, however,
revoke a passport that has already been issued to the child.

To inquire about a U.S. passport or to have your child's name entered into
the name check system, mail or fax your request to:

Office of Passport Policy and Advisory Services Passport Services, Suite
260 1111 19th Street, N.W. Washington, D.C. 20522-1705 Tel.  [phone]
Fax  [phone]

With your request, include your child's full name or names, date of birth,
place of birth, and the address and telephone number(s) where you may be
contacted.  If there is a court order relating to the custody or travel of
the child, include a complete copy.

Foreign Passports Ç the Problem of Dual Nationality

Many U.S. citizen children who fall victim to international parental
abduction possess dual nationality.  While the Department of State will
make every effort to avoid issuing a U.S. passport if the custodial parent
has provided a custody decree, the Department cannot prevent embassies and
consulates of other countries in the United States from issuing their
passports to children who are also their nationals.  You can, however, ask
a foreign embassy or consulate not to issue a passport to your child.  Send
the embassy or consulate a written request, along with certified complete
copies of any court orders addressing custody or the overseas travel of
your child  you have.  In your letter, inform them that you are sending a
copy of this request to the U.S. Department of State.  If your child is
only a U.S. citizen, you can request that no visa for that country be
issued in his or her U.S. passport.  No international law requires
compliance with such requests, but some countries will comply voluntarily.



PART II

WHAT THE STATE DEPARTMENT CAN AND CANNOT DO WHEN A CHILD IS
ABDUCTED ABROAD

When a U.S. citizen child is abducted abroad, the State Department's Office
of Children's Issues (CI) works with U.S. embassies and consulates abroad
to assist the left-behind parent in a number of ways.  There are, however,
a number of things that we cannot do.

WHAT THE STATE DEPARTMENT CAN DO:

In cases where the Hague Convention on the Civil Aspects of International
Child Abduction applies (see Part IV):

-- assist parents in filing an application with foreign authorities for
return of the child;

-- In other cases, attempt to locate, visit and report on the child's
general welfare;

-- Provide the left-behind parent with information on the country to which
   the child was abducted, including its legal system, family laws, and a list
   of attorneys there willing to accept American clients;

In all cases:

-- provide a point of contact for the left-behind parent at a difficult
   time;

-- Monitor judicial or administrative proceedings overseas;

-- Assist parents in contacting local officials in foreign countries or
   contact them on the parent's behalf;

-- Provide information concerning the need for use of federal warrants
   against an abducting parent, passport revocation, and extradition from a
   foreign country to effect return of a child to the U.S.;

-- Alert foreign authorities to any evidence of child abuse or neglect.

WHAT THE STATE DEPARTMENT CANNOT DO:

-- Intervene in private legal matters between the parents;

-- Enforce an American custody agreement overseas (U.S. custody decrees are
   not automatically enforceable outside of U.S. boundaries);

-- Force another country to decide a custody case or enforce its laws in a
   particular way;

-- Assist the left-behind parent in violating foreign laws or reabduction
   of a child to the United States;

-- Pay legal or other expenses;

-- Act as a lawyer or represent parents in court.



PART III

HOW TO SEARCH FOR A CHILD ABDUCTED ABROAD

Note:  If your child has been abducted to a country that is a party to the
Hague Convention on International Child Abduction, see page 8 before you
read further.  As of January 1995, in addition to the United States, the
following countries are party to the Convention:

Argentina            Finland                     Monaco
Australia            Former Yugoslav Republic    Netherlands
Austria                of Macedonia              New Zealand
Bahamas              France                      Norway
Belize               Germany                     Panama
Bosnia-Hercegovina   Greece                      Poland
Burkina Faso         Honduras                    Portugal
Canada               Hungary                     Romania
Chile                Ireland                     Spain
Croatia              Israel                      Sweden
Cyprus               Luxembourg                  Switzerland
Denmark              Mauritius                   United Kingdom
Ecuador              Mexico

Where to Report Your Missing Child

1.   If your child has been abducted, file a missing person report with
your local police department and request that your child's name and
description be entered into the "missing person" section of the National
Crime Information Center (NCIC) computer.  This is provided for under the
Missing Children's Act of 1982.  The abductor does not have to be charged
with a crime when you file a missing person report.  In addition, through
INTERPOL, the international criminal police organization, your local police
can request that a search for your child be conducted by the police in the
country where you believe your child may have been taken.  You may be able
to achieve all of the above even if you do not have a custody decree.

2.  Contact the National Center for Missing and Exploited Children (NCMEC)
at 1-800-THE LOST/1-800-843-5678.  With the searching parent's permission,
the child's photograph and description may be circulated to the media in
the country to which you believe the child may have been taken.

At the same time that you report your child missing, you should contact a
lawyer to obtain a custody decree if you do not already have one.  In many
states, a parent can obtain a temporary custody decree if the other parent
has taken their child.

3.  Request information about a possible U.S. passport and have your
child's name entered into the U.S. passport name check system.  A U.S.
passport for a child under 18 years expires after 5 years.  If you do not
know where your child is, but information about the child is in the name
check system, it may be possible to locate him or her through the passport
application process.  All U.S. passport agencies and almost all U.S.
embassies and consulates are on-line with the name check system.

4.  The Department of State, when requested to do so, conducts welfare and
whereabouts searches for American citizens missing abroad.  The Office of
Children's Issues communicates such requests to the U.S. embassy or
consulate responsible for the area to which you believe your child has been
abducted.  Call us on 202-736-7000 and have ready as much as you can of the
following information on the child:

--  full name (and any aliases),
--  date and place of birth,
--  passport number, date, and place of issuance;

and on the abductor:

--  full name (and any aliases),
--  date and place of birth,
--  passport number, date, and place of issuance,
--  occupation,
--  probable date of departure,
--  flight information,
--  details of ties to a foreign country, such as the names, addresses, and telephone
   numbers of friends, relatives, place of employment, or business connections
   there.

A consular officer overseas, working with this information, will try to
find your child.  The consular officer may also request information from
local officials on your child's entry or residence in the country.
Unfortunately, not every country maintains such records in a retrievable
form, and some countries may not release such information.

We may also ask you for photographs of both your child and the abducting
parent because these are often helpful to foreign authorities trying to
find a missing child.

The Search and Recovery--a Basic Guide

It is possible that none of the institutions listed above (the police, the
NCMEC, or the Department of State) will succeed in locating your child
right away and you will need to carry out the search on your own.  As you
search, you should, however, keep these institutions informed of your
actions and progress.

This booklet attempts to cover the international aspects of your search and
recovery effort, but for other information, you should have a more basic
guide.  The National Center for Missing and Exploited Children publishes
Family Abduction:  How to Prevent an Abduction and What to Do If Your Child
Is Abducted.  For a copy, call 1-800-843-5678 (or 703-235-3900), or write the
 NCMEC at:  2101 Wilson Boulevard, Suite 550; Arlington, VA 22201.
This publication guides you through the U.S. legal system, helps you organize
your search, and supplies a list of local support groups.  We have relied heavily
 on the NCMEC guide for the following list of suggestions.

Further Steps to Take in Your Search

--   One of the best ways to find your child overseas is through
establishing friendly contact with relatives and friends of the other
parent, either here or abroad.  You may have more influence with such
persons than you suspect, and their interest in your child's welfare may
lead them to cooperate with you.

--   Under the U.S. Department of Health and Human Services, the Office of
Child Support Enforcement maintains the Federal Parent Locator Service
(FPLS).  The primary purpose of this service is to locate parents who are
delinquent in child support payments, but the service will also search for
parental abductors when requested to do so by an authorized person.
Generally speaking, an authorized person is a state court judge, police
officer, prosecutor, or other state official seeking to enforce a child
custody order.

Using the abductor's social security number, the FPLS searches the records
maintained by such federal agencies as the Internal Revenue Service,
Veterans Administration, Social Security Administration, Department of
Defense, and the National Personnel Records Center and Department of Labor
records.  An abductor who has had a connection with any of the above might,
even from abroad, renew a connection with one of them.  To learn how to
access the services of the FPLS, contact your local or state Child Support
Enforcement office.  These offices are listed under government listings in
your telephone directory.

--   To obtain information on requests that may have been made by the
abductor to your child's school for the transfer of your child's records,
you can contact the principal of the school.  You will need to give the
school a certified copy of your custody decree.

--   You can find out from the National Center for Missing and Exploited
Children how to prepare a poster on your child.  A poster may assist
foreign authorities in attempting to locate your child.

--   You can ask your local prosecutor to contact the U.S. Postal Inspection
Service to see if a 'mail cover' can be put on any address that you know of
in the United States to which the abductor might write.

--   You can ask local law enforcement authorities to obtain, by subpoena or
search warrant, credit card records that may show where the abductor is
making purchases.  In the same manner, you can try to obtain copies of
telephone company bills of the abductor's friends or relatives who may have
received collect calls from the abductor.



PART IV

ONE POSSIBLE SOLUTION:  THE HAGUE CONVENTION

The most difficult and frustrating element for most parents whose child has
been abducted abroad is that U.S. laws and court orders are not usually
recognized in the foreign country and therefore are not directly
enforceable abroad.  Each sovereign country has jurisdiction within its own
territory and over persons present within its borders, and no country can
force another to decide cases or enforce laws within its confines in a
particular way.

The increase in international marriages since World War II increased
international child custody cases to the point where 23 nations, meeting at
the Hague Conference on Private International Law in 1976, agreed to seek a
treaty to deter international child abduction.  Between 1976 and 1980, the
United States was a major force in preparing and negotiating the Hague
Convention on the Civil Aspects of International Child Abduction.  The
Convention came into force for the United States on July 1, 1988, and
applies to abductions or wrongful retentions between party countries that
occurred on or after that date.  In the United States, federal legislation,
the International Child Abduction Remedies Act (P.L. 100-300), was enacted
to implement the Convention in this country.

The United States actively encourages other countries to become party to
the Convention.  As of January 1995, the Convention is also in effect
between the United States and:

Argentina               Finland                       Monaco
Australia               Former Yugoslav Republic      Netherlands
Austria                   of Macedonia                New Zealand
Bahamas                 France                        Norway
Belize                  Germany                       Panama
Bosnia-Hercegovina      Greece                        Poland
Burkina Faso            Honduras                      Portugal
Canada                  Hungary                       Romania
Chile                   Ireland                       Spain
Croatia                 Israel                        Sweden
Cyprus                  Luxembourg                    Switzerland
Denmark                 Mauritius                     United Kingdom
Ecuador                 Mexico

Other countries are working toward ratification.  Contact the Office of
Children's Issues to learn if additional countries have joined.

If your child has been abducted to a country that is not party to the
Convention, see the section entitled "Legal Solutions in Countries Not
Party to the Hague Convention."

What Is Covered by the Convention

The countries that are parties to the Convention have agreed that, subject
to certain limited exceptions and conditions outlined below, a child who is
habitually resident in one country that is a party to the Convention and
who is removed to or retained in another country that is party to the
Convention in breach of the left-behind parent's custody rights shall be
promptly returned to the country of habitual residence.  The Convention
also provides a means for helping parents to exercise visitation rights
abroad.

There is a treaty obligation to return an abducted child below the age of
16 if application is made within one year from the date of the wrongful
removal or retention.  After one year, the court is still obligated to
order the child returned unless the person resisting return demonstrates
that the child is settled in the new environment.  A court may refuse to
order a child returned if there is a grave risk that the child would be
exposed to physical or psychological harm or otherwise placed in an
intolerable situation in his or her country of habitual residence.  A court
may also decline to return the child if the child objects to being returned
and has reached an age and degree of maturity at which the court can take
account of the child's views.  Finally, the return of the child may be
refused if the return would violate the fundamental principles of human
rights and freedoms of the country where the child is being held.  These
exceptions have been interpreted narrowly by courts in the United States
and the other countries party to the Convention.

How to Invoke the Hague Convention

You do not need to have a custody decree to invoke the Convention.
However, to apply for the return of your child, you must have been actually
exercising a "right of custody" at the time of the abduction, and you must
not have given permission for the child to be removed or, in the case of a
retention, to be retained beyond a specified, agreed-upon period of time.
The Convention defines "rights of custody" as including "rights relating to
the care of the person of the child and, in particular, the right to
determine the child's place of residence." This "right of custody" may
arise from operation of law as well as an order of custody.  If there was
no court order in effect at the date of the abduction, custodial rights are
provided in the statutes of most states.

You may apply for the return of your child or the ability to exercise your
visitation rights.  You can also ask for assistance in locating your child
and for information on your child's welfare.

Each country that is a party to the Convention has designated a Central
Authority to carry out specialized duties under the Convention.  You may
submit an application either to the U.S. Central Authority or directly to
the Central Authority of the country where the child is believed to be
held.  The Central Authority for the United States is the Department of
State's Office of Children's Issues (CI).

An application should be submitted as soon as possible after an abduction
or wrongful retention has taken place.  As stated above, there is a time
factor of one year involved.  If no custody decree exists for the
left-behind parent, submit the application anyway.  Detailed instructions
to invoke the Hague Convention are found in Part VIII.

The Role of the U.S. Central Authority

CI will review your application to ensure that it complies with the
Convention.   If it does, we will forward it to the foreign Central
Authority and work with that authority until your case is resolved.  If the
abducting parent does not voluntarily agree to the return of your child,
you may be required to retain an attorney abroad to present your case under
the Hague Convention to the foreign court.  If you need to retain an
attorney abroad, see Using the Civil Justice SystemÇHow to Proceed.

The Department of State cannot act as an agent or attorney in your case.
We can, however, help in many other ways.  We can give you information on
the operating procedures of the Central Authority in the country where your
child is believed to be located.  We can help you obtain information
concerning the wrongfulness of the abduction under the laws of the state in
which the child resided prior to the abduction.  At your request, we can
ask for a status report six weeks after court action commences in the other
country.

The Central Authority in the country where your child is located, however,
has the primary responsibility of responding to your application.  In the
words of the Convention, that country has agreed to "ensure that rights of
custody and access under the law of one Contracting State are effectively
respected in the other Contracting State."

Good News Plus a Note of Caution for Applicants Under the Hague Convention

The Hague Convention on International Child Abduction is a success story.
It has improved the likelihood and speed of return of abducted or
wrongfully retained children from countries that are party to the
Convention.  In addition, the Convention has begun to influence some
non-Hague countries where courts now look for guidance to the non-hostile
pattern of resolution employed in Hague cases.  The Convention's increasing
success is encouraging more countries to become party to the Convention.
Twenty-seven countries have joined since the United States became the 10th
country in July 1988.  In addition, the reputation of the Hague Convention
is such that, when an abducting or retaining parent learns that a Hague
application has been filed, he or she may be more likely to return the
child voluntarily.  The majority of Hague cases still, however, require the
applying parent to retain an attorney in the country where the child is
located to petition that judiciary for return.

A note of caution: Criminal charges may have a distorting effect on the
operation of the Hague Convention and may even prove counterproductive.
With the Hague Convention, the emphasis is on the swift return of a child
to his or her place of habitual residence where the custody dispute can
then be resolved, if necessary, in the courts of that jurisdiction.  As a
rule, therefore, it is advisable to await the outcome of return proceedings
under the Convention before deciding whether to initiate criminal
proceedings against the other parent.   Some courts have denied return of
children solely because the taking parent would be arrested if they
accompanied the child home.  Many of these courts, U.S. and foreign, have
held that the arrest of the parent would expose the child to psychological
harm (Article 13(b)).

Children Abducted to the United States

The U.S. Central Authority also handles cases of children abducted to the
U.S., provided the case meets the requirements of the Hague application and
the child's country.