Child Abduction Enforcment Law Passed by the U.S. House


“Even in the darkest times, we have a right to  expect some illumination.”   –  Hannah Arendt

The story below (in Japanese) quotes U.S. parent and chldren’s rights activist, Paul Toland (co-founding member of U.S.-based Bring Abducted Children Home) saying, “I am only one of 400 people whose kids have been stolen to Japan and not one child has been returned due to the efforts of the Japanese government.” With these words, Paul welcomed the passage of  the Sean and David Goldman Act, giving the President and State Department of the United States one less justification for continued complicity with the government of Japan, and continuedl refusal to pursue the return of our abdcuted kids.
Here is Congressman Chris Smith arguing in support of the Act on the floor of the House of Represetatives.
The bill creates new options for the government to press for the resolution of the numerous child abduction cases like Rui’s.

The legislation passed on Wednesday by a vote 398 yays, and 0 nays.

子の連れ去り制裁法案を可決=米下院、日本に対応促す

 【ワシントン時事】米下院は11日、米国人と国際結婚した日本人などが、結婚生活の破綻に伴って子どもを母国に連れ去るケースが相次いでいることを受け、連れ去られた子どもの返還に応じない国に軍事支援停止などの制裁を科す法案を全会一致で可決した。
日本は米国などの要求に応じ、国が連れ去り問題の解決に積極的にかかわることを定めたハーグ条約への加盟を決めている。ただ、加盟前に発生した事案には同条約が適用されないため、法案には日本にさらなる対応を促す狙いもありそうだ。
今後は上院の対応が焦点となるが、下院外交委員会人権小委員会のスミス委員長(共和党)は記者会見で「成立には自信を持っている」と強調。約10年前に日 本人に娘を連れ去られたという米海軍大佐も会見に同席し、「私は日本人に子どもを連れ去られた400人以上の親の一人だ。400人の中に日本政府の努力を 通じて子どもを返してもらった親は一人もいない」と日本政府の対応を批判した。(2013/12/12-09:37)

US House pressures countries on child abductions

By Shaun TANDON (AFP) –

Washington — The US House of Representatives voted Wednesday to punish countries that do not promptly return abducted children, upping pressure in an issue that has soured relations with Japan and other allies.

With no dissenting votes, the House voted to create an annual report to assess every country’s history of child abductions and to require President Barack Obama to take action against nations with poor records.

Potential US measures include refusing export licenses for American technology, cutting development assistance and putting off scientific or cultural exchanges. The president would have the right to waive the punishment.

Representative Chris Smith, the author of the legislation, said it would put the force of the US government behind solving the more than 1,000 cases each year in which US children are taken overseas, generally by a foreign parent after separation from an American partner.

“It is a full-court press to finally elevate this issue, where American children’s human rights are being violated with impunity,” Smith told reporters.

“Right now, it’s like other human rights abuses, maybe on page five as an asterisk” in talks between the United States and other countries, he said.

Smith, a Republican from New Jersey, previously led legislation that set up annual reports on human trafficking and religious freedom, which have often caused discomfort for countries deemed to be lagging behind.

The child abduction legislation still needs approval in the Democratic-led Senate, but Smith voiced confidence at passage as the bill has been revised over several years to ensure support of both parties. The State Department had initially voiced concern at proposals to impose outright economic sanctions over child abductions.

By far, the greatest number of abduction cases takes place in Japan, the only major industrialized nation that has not ratified the 1980 Hague convention that requires countries to send abducted children back to the countries where they used to  live.

Japanese courts virtually never grant custody to foreign parents or fathers.

Paul Toland, who served in the US Navy in Japan, said that his daughter Erika was put in the care of her maternal grandmother and that he has no visitation rights after the girl’s mother committed suicide.

“For me, this will be my 11th consecutive Christmas without my daughter,” he told reporters.

In the wake of persistent US and European criticism, Japan’s parliament took key steps this year to join the Hague treaty. But critics say that the decision will not address past cases.

The House legislation calls on the United States to seek legal agreements with all nations not party to the Hague convention to lay out ways to return children within six weeks after abduction cases are reported to authorities.

Smith named the bill after David Goldman, who succeeded in bringing his son Sean back to the United States after a five-year fight with Brazilian courts.

“We won’t stop until we get the children home, one by one, child by child,” Goldman said.

Parents of children in countries including Brazil and Argentina said that they often had no recourse, even if individual officials in foreign countries are sympathetic to their cases.

Arvind Chawdra, whose two children were abducted to India, said he had no other option but to take out a newspaper advertisement because he does not know where they are.

About Brian Prager

I am the father of a beloved son who has been retained in Japan by his Japanese mother against my will. My boy has been kept out of contact with me since June, 2010. I am struggling to save him and get justice for us.
This entry was posted in BACHome, Brian Prager, Japan Child Abduction, Japanese Child Abduction, Machiko Terauchi, Ohnuki Kensuke Child Abductor, Parental abduction, Parental Alienation, Rui Prager, Rui Terauchi, Uncategorized, 寺内るい, 寺内真智子 and tagged , , , , , , , , . Bookmark the permalink.

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