The senators wrote, “Unfortunately, our review of public records suggests individuals are rarely—if ever—prosecuted under this statute. Worse still, our conversations with victims of international parental child abduction and their advocates suggests that many federal prosecutors are either unaware of the statute’s existence or do not understand the vital role the threat of prosecution can play in securing the return of abducted children. It is clear that the Department can do more with respect to IPKCA.”
Senators Dianne Feinstein (D-Calif.) and Chuck Grassley (R-Iowa), ranking member and chairman of the Senate Judiciary Committee, have requested Attorney General Jeff Sessions detail steps the Justice Department is taking to adhere to the International Parental Kidnapping Crime Act and return U.S. citizen children to their parents. The letter follows a Judiciary Committee hearing on the issue.
The senators wrote, “Unfortunately, our review of public records suggests individuals are rarely—if ever—prosecuted under this statute. Worse still, our conversations with victims of international parental child abduction and their advocates suggests that many federal prosecutors are either unaware of the statute’s existence or do not understand the vital role the threat of prosecution can play in securing the return of abducted children. It is clear that the Department can do more with respect to IPKCA.” There is a systemic, entrenched pattern that further harms the children abducted by a parent to and within Japan. It is known as "The Continuity Principle." Simply put, judges and attorneys representing abductors manipulate the "best interest of the child" to rule that the child should remain alienated and ignore how they ended up with the abducting parent. In Japan, abducting your child is encouraged because it assures you will keep possession. We see this in international cases where courts may determine the child was taken to Japan without permission, sometimes acknowledging illegal acts, and then rule the child should remain with the abducting parent. To impact the ongoing child abduction crisis positively, the most effective way currently is to encourage Japanese judges to end using the continuity principle and adopt the “friendly parent rule." In Japan's interpretation, the friendly parent is the one more supportive of the other parent being an integral part of the child's life. Adopting this would create a standard for the child to maintain a relationship with both parents. Japan could then be more in sync with The Hague Abduction Convention, United Nations Convention on the Rights of the Child, and the revised Japanese civil code article 766.[1] Walter Benda has only seen his two daughters once in the past 23 years. His wife disappeared from their California home in July 1995 after he had gone to work one morning, utterly unprepared for the disappearance of his family. After learning that his wife had traveled back to Japan, he received no help from Japanese authorities to find his daughters, despite the US government issuing an international arrest warrant against his wife for kidnapping. |
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