The entire hearing, "The Goldman Act Turns 10: Holding Hague Convention Violators Accountable and Bringing Abducted American Children Home," is available on the U.S. House Foreign Affairs Committee website.
"Full support needs to come from the Government of Japan to locate, fund and provide for the reunification of our kidnapped children with their seeking parents. This should extend well into adulthood. Trained experts who understand the lasting damage of parental child abduction need to be available to assist seeking parents bridge the gap and the barriers created by their kidnapping and hardened by time."
The entire hearing, "The Goldman Act Turns 10: Holding Hague Convention Violators Accountable and Bringing Abducted American Children Home," is available on the U.S. House Foreign Affairs Committee website. How many U.S. children have been kidnapped to Japan? More than 500 since 1994 when the U.S. Department of State's Office of Children's Issue's (OCI) was established. Japan is internationally known as a black hole for child abduction. Where does this 500+ figure come from? It comes from data provided by the U.S. Department of State. Representative Chris Smith reported at the May 24, 2011 hearing in the House Foreign Affairs subcommittee, “Japan has by far the worst record of all. It has not issued and enforced the return order for a single one of the more than 321 American children abducted there since 1994, when the recordkeeping began.”[1] 321 was also the figure reported to us in our July 2011 meeting with OCI by then director Beth Payne along with then Assistant Secretary of State for East Asia and Pacific Kurt Campbell. At this meeting we requested updated figures dating back to 1994. On August 25, 2011 parents of children kidnapped to Japan received a response stating, "As of August 19, 2011, that statistic is 268 cases involving 374 children." Rep Chris Smith makes direct appeal to Japanese Prime Minister to return American children4/11/2024
In a hand delivered-letter to Japanese Prime Minister Kishida Fumio following his address to the US Congress late last week, Rep. Chris Smith (R-NJ) made a direct appeal to the Japanese leader to personally intervene and help return over 500 American children who have been abducted to Japan to their left-behind parents in the United States.
“As our two countries continue to take steps to strengthen our democratic, economic and security ties, I would like to draw your attention to an open wound that threatens to derail many ongoing efforts.” Smith wrote in his letter to Kishida. “To date, more than 500 American children have been abducted to Japan by one of their respective parents and remain separated from their American parent. These abductions often occur against pre-existing court orders and, in some cases, with the passport assistance of the Japanese government,” Smith said in the letter. In his letter, Smith cited just a few of the parents who have been denied access to their children in Japan, including Jeffery Morehouse—who has been fighting for the return of his young son Mochi since 2010 and has testified at several congressional hearings chaired by Smith. Despite having legal custody in Washington State which was recognized by Japanese courts, Morehouse still cannot gain access to his son in Japan. Other parents who have testified before Smith’s committee and who were named in his letter include Retired Navy Capt. Paul Toland, Former Marine Corps Sgt. Michael Elias, and Randy Collins of California. “For the sake of the children who are suffering, and for the sake of U.S. and Japanese relations, I seek your public commitment to reunite these families,” Smith continued in the letter. “I respectfully request that you work with the United States to create a process by which families can be reunited and heal.” Multiple amendments were addressed including the need to expand the annual report on "International Child Abduction to include a full accounting for
all kidnapped children and not just open cases." The entire hearing is available on C-SPAN and on the U.S. House Foreign Affairs Committee. (Geneva) Following September's reports by multiple NGOs and an October 13 briefing by Bring Abducted Children Home's Jeffery Morehouse, the UN Human Rights Committee issued a their concluding observations. They wrote, "the Committee is concerned by reports received regarding frequent cases of “Parental Child Abduction”, domestic and international, and a lack of adequate responses by the State party (arts. 17, 23 and 24)."
"The State party should: ...Introduce the necessary measures to adequately respond to cases of 'Parental Child Abductions' and ensure that decisions on custody of the child, whether domestic or international cases, take into account the best interests of the child and are fully implemented in practice." UN Human Rights Committee Calls For More Information On Parental Abduction Of Children In Japan10/15/2022
SPECIAL REPORT FROM THE United Nations IN GENEVA By JEFFERY MOREHOUSE(Geneva) This week I formally briefed the United Nations Human Rights Committee on parental child abduction and loss of access within and to Japan during a private session. Giving the 23rd and final briefing, I highlighted key points from our multi-national, multi-NGO report, emphasized the emotional and traumatic impact on abducted children and parents, and called on the committee to, "End the ongoing suffering. Hold the Government of Japan accountable." Many important issues had been presented in earlier years regarding Japan, but our team was successful in making a compelling argument resulting in the committee asking questions of the Japanese Government delegation on day one of the public sessions. From the first round of questions, "the Committee was concerned about reports of parental child abductions in Japan. What measures were in place to respond to these issues?" The delegation from Japan ignored the question causing a committee expert to request an answer on day two. In claiming they've been deliberating parental authority and visitation since March 2021, Japan's answer was inadequate. They failed to respond to the point from our report and briefing that exposed the July 2022 Ministry of Justice's report by the Family Law Reform Commission included NO countermeasure against Parental Child Abduction. Their other response was limited to incoming and outgoing Hague Abduction Convention case figures and claiming they offer a list of attorneys, potential legal aid and ADR (Alternative Dispute Resolution, a type of non-binding mediation). Here against they failed to fully respond to the question and scope of the issue that includes a much larger domestic parental child abduction and loss of access crisis than Hague cases alone. Seizing additional opportunities throughout my time here I spoke individually with committee chairperson Photini Pazartzis, vice-chairperson Vasilka Sancin, and committee rapporteur Duncan Muhumuza Laki. Japan's superficial responses were unsurprising and inadequate. While they continue to attempt to drag it back into the shadows we will continue to bring light to it. Contributing remotely to this week's efforts were John Gomez of Kizuna Child-Parent Reunion, Rei Ozaki of Grassroots Action for Joint Custody and Shared Parenting in Japan, and Paul Touja of Sauvons Nos Enfants Japon.
For Immediate Release
March 30, 2022 Contacts: Tom Mentzer (Feinstein) 202-224-9629 Adam Webb (Tillis) 202-224-6342 Feinstein, Tillis Introduce Bipartisan Resolution Designating April as ‘Countering International Parental Child Abduction Month’ Washington—Senators Dianne Feinstein (D-Calif.) and Thom Tillis (R-N.C.) today led their colleagues in introducing a resolution designating April 2022 as “Countering International Parental Child Abduction Month.” Hundreds of American children are abducted by one of their parents without consent of the other parent and taken to foreign countries every year. In 2020, there were 246 new cases of parental child abductions, half of which were in California. “Parental abduction of a child to a foreign country is a traumatic experience. It is incredibly challenging to reunite these children with their custodial parents, and the children face mental, emotional and physical harm,” said Senator Feinstein. “I’m proud to again lead this resolution with Senator Tillis to help shine a spotlight on this harrowing and complex problem. We must continue to raise awareness of international parental child abduction and do all we can to prevent it.” “Since 2010, almost 10,000 American children have been reported abducted and taken abroad in order to obstruct their left-behind parent’s custody rights,” said Senator Tillis. “The federal government has tools to prevent the abduction and secure the return of our American citizen-children, and it is past time to use them. I am proud to co-introduce this resolution to demonstrate to the executive branch that the Senate is serious about ending international parental child abduction and will work to combat this crime until every single American child is returned home.” In addition to Feinstein and Tillis, the resolution is cosponsored by Senators Mitch McConnell (R-Ky.), Richard Blumenthal (D-Conn.), Cory Booker (D-N.J.), Mike Crapo (R-Idaho), Amy Klobuchar (D-Minn.), Marco Rubio (R-Fla.), Ed Markey (D-Mass.), Chuck Grassley (R-Iowa), Tommy Tuberville (R-Ala.) and Joni Ernst (R-Iowa). By Yuki Sato
Yomiuri Shimbun, Staff Writer An increasing number of foreign nationals are claiming that their children have been abducted by their current or former Japanese spouse, following the breakdown of their marriage. Not allowing a child to see one of their parents is considered a criminal act in major European countries and the United States, leading to a diplomatic conflict in which Japan is being called on to revise its laws. At today's Senate confirmation hearing for Rahm Emanuel, nominated to be the next US ambassador to Japan, Foreign Relations Committee Chairman Bob Menendez closed the hearing about the kidnapping crisis with Japan. He noted, "More than 475 US children have been kidnapped to Japan and the US has named Japan a top-three worst offender of international parental child abduction." He furthered there has been no significant improvement since Japan became a Hague Abduction Convention signatory in 2014. He asked Mr. Emanuel to make it a priority to get the Japanese government to understand, "When you enter into an international convention and when American children are involved we certainly expect you to live up to your obligations under the convention." Mr. Emanuel underscored his view, "Your word is your bond. If you signed into an agreement to be trusted as a partner and ally, you must uphold the principle of that agreement." Excerpt is from the 3:49:30 mark of the full Senate Committee on Foreign Relations hearing video.
Tillis and Feinstein Continue Bipartisan Push to Combat International Parental Child Abduction10/1/2021
FOR IMMEDIATE RELEASE
CONTACTS: Adam Webb (Tillis) Tom Mentzer (Feinstein) WASHINGTON, D.C. – Today, U.S. Senators Thom Tillis (R-NC) and Dianne Feinstein (D-CA) continued their efforts to combat International Parental Child Abduction (IPCA) by sending a letter to Attorney General Merrick Garland requesting specific statistics about prosecutions and the use of extradition in IPCA cases at DOJ, and other efforts on IPCA. In May, Senators Tillis and Feinstein sent a bipartisan letter to the Department of Justice (DOJ) requesting Attorney General Garland help in addressing international parental child abduction and received a response from the DOJ committing to “vigorously securing the extradition and prosecution of individuals who violate our law by absconding with a child to a foreign country or unlawfully retaining a child abroad.” Senators Tillis and Feinstein sent a follow-up today seeking additional information regarding the scope of extradition and prosecution of cases under the International Parental Kidnapping Crime Act (IPKCA). “It has been almost thirty years since Congress first passed the International Parental Kidnapping Crime Act (IPKCA), making it a federal offense to abduct and remove a child to a foreign country,” the senators wrote. “As a matter of Congressional oversight and legislative consideration we would like to learn more about extradition and prosecution in IPCA cases, as well as DOJ efforts to train its employees and to educate the broader justice system about IPCA. Your responses will help us as we develop legislation to improve our nation’s response to IPCA crimes.” The senators also sent a letter to the Embassy of Japan embassy in Washington about their commitment to working with the US government to resolve IPCA cases under new leadership. “Last year, we wrote to then-Ambassador Shinsuke Sugiyama regarding the important issue of international parental child abduction (IPCA),” wrote the senators. “Ambassador Sugiyama responded with a letter acknowledging that IPCA is an ‘extremely important issue for the Japanese Government,’ and that the Japanese Government ‘will continue working to address this issue until all outstanding cases are resolved.’” “With new leadership in Japan, we are hopeful that further progress can be made to reunite left-behind parents and their abducted children,” the senators continued. “We humbly ask that you will continue to encourage the Japanese Government to do everything possible to resolve all remaining international parental abduction cases, both pre- and post-Convention.” ### (Washington, D.C.) The Tom Lantos Human Rights Commission led by co-chairs Rep. Christopher H. Smith and Rep. James P. McGovern convened for a hearing on “The Rights of Parents and Children: How to Better Implement the Goldman Act on Child Abduction.”
The Convention on the Rights of the Child recognizes that “the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding.” It further provides “that a child shall not be separated from his or her parents against their will.” The Hague Convention on the Civil Aspects of International Child Abduction came about to address those circumstances where a child, in distinction to the afore-mentioned principles contained in the CRC, is separated from one parent via cross-border abduction. Between 2008 and 2020, more than 12,350 American children were abducted internationally by a parent, according to the Congressional Research Service. Congress passed the Sean and David Goldman Child Abduction Prevention and Return Act (P.L. 113-150) in 2014, to better implement the Hague Convention, to provide a means to resolve abduction cases among non-Hague countries, and to hold countries accountable for non-compliance with their obligations. While the Convention has helped shaped international norms, only 85 nations plus the European Union have ratified it, and some States Parties are not fully compliant. The Goldman Act provides Congress with data regarding child abductions and authorizes tools for the State Department to use to influence countries to abide by international obligations. The purpose of this hearing is to assess how well the State Department is implementing the Goldman Act to resolve international parental child abduction cases. The hearing will include testimony from prominent international family law attorney whose work informed the drafting of the Goldman Act, and left-behind parents who have subsequently dedicated themselves to advocating for the rights of victims of international parental child abduction. Testifying were:
...But the issue of child abduction in Japan has now morphed into a full-blown diplomatic stand-off for Tokyo, not just with France, but Australia and the United States. French authorities estimate more than 100 children have been caught up in similar circumstances to the 68 Australian children. The United States has 475 children in such situations.
During the Olympic Games, French father Vincent Fichot went on an almost three-week hunger strike outside Tokyo’s Olympic Stadium. He had not seen his kids in three years after his wife abruptly disappeared with them. “The problem with Japan is it is a zero-sum game, there can only be a winner and a loser,” said Australian mother-of-two Catherine Henderson who has spent more than two years attempting to see her kids in Tokyo after her Japanese husband packed up and left with them in April 2019. “There is nothing about the best interests of the child.” (Jeffery) Morehouse has won two custody cases in the US against his Japanese wife but has not seen his son Mochi in more than a decade. “They erase the other parent,” he said. “When a child is kidnapped their whole life is built on a foundation of lies.” REPORT: International Parental Child Abduction (IPCA): Foreign Policy Responses and Implications9/29/2020
The U.S. Congressional Research Service's released a new report on international parental child abduction. Here are a few highlights-
“Some Members of Congress have consistently posed questions as to the most effective means of improving foreign government compliance with IPCA standards and processes, and have at times criticized the State Department for refusing to implement potentially more coercive foreign policy tools, such as sanctions. Such arguments have informed several instances in which high-level engagement, coupled with threats to foreign countries’ economic or trading benefits, appears to have preceded the resolution of certain IPCA cases.” “Many experts and policymakers agree that international displacement of a child from his or her home environment to another, with potentially different social structures, cultures, and languages, can cause emotional and psychological harm to the child.” “Responding to this issue, Congress has enacted legislation pertaining to IPCA, engaged in individual cases of abducted children, and conducted oversight of executive branch actions in this area. Congress has held 11 hearings on the subject since 2014, and some Members have on occasion blocked legislation unrelated to IPCA until specific cases were resolved.” Outlook "IPCA will likely continue to be a significant issue for American citizens and U.S. foreign policy, leading Congress to consider options for addressing specific cases and to pursue the broader foreign policy efforts to address this problem. As it considers policy options, Congress may examine the potential and alleged impacts of sanctions, technical assistance, and high-level outreach on compliance and on countries’ willingness to accede to the Hague Convention. In recent years, Congress has raised legislative options for strengthening the U.S. response to IPCA. It may continue to engage this issue through public hearings, direct involvement in specific cases, legislation, and oversight of the State Department Office of Children’s Issues." Japan's Minister of Justice held a webinar "On Japan's Criminal Justice." As a registered participant BAC Home asked,
"Recently Japan has pursued extradition from the U.S. of Michael and Peter Taylor who are accused of aiding Carlos Ghosn in fleeing Japan. On Sept 4, U.S. Magistrate Judge Donald Cabell issued a ruling approving the extradition. Some Japanese nationals are wanted and charged under the U.S. laws for international parental kidnapping (18 U.S.C.§1204) and with passport fraud (18 U.S.C.§1542). These combined are viewed by some to align with Articles 224 and 226 of the Japanese penal code. This would make them extraditable offenses. Will the Ministry of Justice commit to extraditing these wanted individuals? If not, can you provide some details why Japan would not wish to uphold the extradition treaty with the U.S.?" For the second year in a row, international partners of the G7 Kidnapped to Japan Reunification Project wrote to representatives of the G7 countries in advance of the 45th G7 summit that will be held on August 24-26, 2019 in Biarritz, France. The international alliance is comprised of parents and organizations from Canada, France, Germany, Italy, the United Kingdom, and the United States. The immediate objective is to put the Japanese parental child abduction issue on the G7 Summit agenda and bring about a rapid resolution to this crisis affecting the human rights of thousands of children abducted to or within Japan. Since the letter was sent on April 24, 2019, French President Emmanuel Macron and Italian Prime Minister Giuseppe Conte have made statements to the press on the abduction crisis to and within Japan. President Macron confirmed he has raised the issue with Japanese Prime Minister Shinzo Abe. Congress United for Action: Strive to Return America’s Stolen Children U.S. Capitol, S-115 Formal Remarks
Members of Congress (Invited) International Parental Child Abduction: A Unifying Issue for Congress Use the Tools Accountability and Returns Under the Goldman Act International Parental Kidnapping Crime Act of 1993 Improving Victim Response and Charging Rates under federal IPKA statutes Two Teen Survivors Share Their Experiences Count Children, Not Cases Affecting Data-Driven Solutions in the Departments of State and Justice What American Families Need from Congress Congressional Solutions through Casework, Legislation and Oversight Speakers: Dr. Noelle Hunter, mother of an American child abducted to Mali Co-founder and President of iStand Parent Network and Coalition Partner view written remarks Ravi Parmar, father of an American child abducted to India Co-founder of Bring Our Kids Home and Coalition Partner Jerry Pfeifer, survivor of international parental child abduction Leo Zagaris, survivor of international parental child abduction Jeffery Morehouse, father of an American child abducted to Japan Co-founder and Executive Director of Bring Abducted Children Home and Coalition Partner view written remarks Formal Remarks by Members of Congress: Senate Majority Leader Mitch McConnell* U.S. Senator Thom Tillis (by video provided to The Coalition) U.S. Senator Diane Feinstein (in a statement read by her staff)* U.S. Representative Chris Smith* *not included in the briefing video Tillis & Feinstein Urge DOJ to Prosecute Individuals Who Unlawfully Abduct American Children3/1/2019
Senators Also Seek Commitment to Provide Training for Law Enforcement Officers to Secure Return of American ChildrenWASHINGTON, D.C. – Today, Senators Thom Tillis (R-NC) and Dianne Feinstein (D-CA) urged Attorney General Bill Barr to make full use of the International Parental Kidnapping Crime Act to combat international parental child abduction.
Every year, several hundred American children are abducted by one parent and brought to a foreign country, where they are isolated from their other parent, family members, and friends. Abduction can have a profound impact on a child’s mental, physical, and emotional well-being. The International Parental Kidnapping Crime Act criminalizes the removal of a child from the United States with “the intent to obstruct the lawful exercise of parental rights.” Individuals found guilty of violating this statute are subject to criminal fines and the possibility of imprisonment of up to three years. These penalties provide powerful inducement for the taking parent to return a wrongfully taken or retained American child abroad.
WASHINGTON, D.C. – Today, U.S. Senators Thom Tillis (R-NC) and Dianne Feinstein (D-CA) introduced a bipartisan Senate resolution (S.Res.23) that designates April 2019 as “Countering International Parental Child Abduction” month and instructs the federal government to educate state and local law enforcement about the issue and how to combat it. Japanese leaders and diplomats regularly lambast North Korea for the abduction of their citizens by state spies – one of countless human rights abuses committed by Pyongyang.
What is less known is that hundreds of American children have been abducted to Japan in defiance of international conventions, while at home, hundreds of thousands of Japanese children suffer from facto parental kidnappings. FOR IMMEDIATE RELEASE CONTACTS: Daniel Keylin (Tillis)| (202) 224-6342 Ashley Schapitl (Feinstein) | (202) 224-9629 WASHINGTON, D.C. – Today, Senators Thom Tillis (R-NC) and Dianne Feinstein (D-CA) urged Secretary of State Mike Pompeo to make more relentless and effective efforts to bring abducted American children back home to the United States by using all of the tools and resources at the State Department’s disposal.
The Foreign Correspondents Club of Japan hosted a panel in Tokyo to discuss domestic and international parental child abduction. Topics included harm to the children, shortcomings in Japanese family law and how Japan's Continuity Principle is keeping children kidnapped. Panelists included:
WASHINGTON—Parents Jeffery Morehouse, Juan Garaicoa, and Michelle Littleton sat before a House Foreign Affairs subcommittee on Dec. 10 to testify about the same terrible fate of their children—international abduction by a spouse.
“While most children were returning to school, my children were boarding a plane and being kidnapped to war-torn Lebanon,” Littleton, a mother of three, said. “She had kidnapped our son to Japan,” said Morehouse, the founder and executive director of the non-profit Bring Abducted Children Home. “I don’t even know where he is being held.” “Time is of the essence and now is the time to bring our children home,” pleaded Garaicoa, whose two children remain in Ecuador. While the countries, children, and spouses are different, they share the same frustration of fighting to be reunited with their children in foreign lands. Morehouse won custody of his children in U.S. courts—and twice in Japan—but his teenage son, Mochi, who was taken by his wife at age 6, remains in Japan with his mother because there is no enforcement mechanism under Japanese law. “In the end, the court refused to reunite Mochi and me,” said Morehouse.”It does not matter how a child ends up with the abductor in Japan, they will not uphold laws and treaties to return children to their rightful home.” Jeffery Morehouse dropped his 6-year-old son off with his mother for a weeklong visit in 2010 — and she managed to abscond with him to Japan.
On Monday, Mr. Morehouse, executive director of Bring Abducted Children Home, called on Congress to step up American efforts to bring his son and other children back from overseas, saying the government’s actions are inconsistent and insufficient. “President Trump ran on putting America first,” Mr. Morehouse said in his testimony to the House Foreign Affairs subcommittee on global human rights. “Well, America first means putting American children first and bringing them home.” Rep. Smith calls for Trump administration crackdown on international parental child abduction12/10/2018
WASHINGTON – House Foreign Affairs subcommittee Chairman Chris Smith called on the Trump administration to take concerted action to stop international parental child abduction.
“The Trump administration can and must use current law, especially the tools embedded in the Goldman Act, to more aggressively bring American children home to their families,” Smith (R-N.J.) said at a hearing on Monday that featured testimony from parents whose children were abducted abroad. Smith said “child abduction is child abuse.” Smith said more than 450 American children are abducted each year. He said 11,000 children were abducted internationally between 2008 and 2017. Panelists relayed their experiences to the committee and implored action. “The last time I saw my son was on Father’s Day of 2010,” said Jeffery Morehouse, executive director of Bring Abducted Children Home. That day, Morehouse said, he dropped off his then-6-year-old-son, Mochi Atomu Imoto Morehouse, with his ex-wife for a week-long visit. Three weeks later, Morehouse said, the police informed him that his wife and son had been reported missing. “I knew immediately what happened,” Morehouse recalled. “She succeeded in what she had threatened to do. She kidnapped our son to Japan.” Morehouse said he pursued the matter in Japanese courts and won. 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.” |
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