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U.S. Congressman Chris Smith Representing New Jersey's 4th District

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In the Press...

Washington Post editorial'In international abduction cases, quiet diplomacy is not working'

Post editorial board backs Smith's Bill, calls for Senate action on Int'l Child Abduction Act

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Washington, Dec 30, 2013 | comments
  • David Goldman, whose son Sean, now 9, has been held in Brazil since 2004, and Navy Commander Paul Toland whose daughter Erika, now 6, has been held in Japan since 2003, tell their stories at the December 2009 congressional hearing.

  • Rep. Chris Smith arranged the hearing as an executive member of the Tom Lantos Human Rights Commission. From the left are the two Co-Chairmen, Jim McGovern (D-Mass.) and Frank Wolf (R-Va.) who agreed to Smith's request to hold the hearing.

  • Sean and David Goldman on the day of their first meeting in over four years. Cong. Smith pressed Brazilian officials to allow the visit.

  • Holiday Homecoming

  • Cong. Smith Discusses Child Abductions in Japan

  • Cong. Smith asks left behind parents to tell their story at a congressional hearing on international child abduction.

  • Chairman Smith asks parents about their struggles to reunite with their children. Ranking Member Donald Payne is on right.

  • CSPAN screenshot May 24 2011 Child Abduction Hearing

  • David Goldman, of Monmouth Co., NJ, fought for five years to bring his son Sean home. Today he assists congressional efforts to fight international child abductions.

  • David and son, Sean,, together again.

  • Cong. Smith, right, chairs a hearing on the global prevalence of autism. From the left are Reps. Tom Marino (PA-10) and Ann Marie Buerkle (NY-25).

  • Cong. Smith discusses the tragic separation of left behind parents from their children that stems from international child abduction with Fox News Channel anchor Uma Pemmaraju.

  • Left behind parent Chris Savoie asks for assistance from Susan Jacobs, Special Special Advisor for Children's Issues at the State Department as Cong. Smith and left behind parents listen.

  • Cong. Smith and left behind parents gather after the July 28 hearing on child abduction.

  • Chairman Smith introduces a group of left behind parents and grandparent at the mark-up of his bill to help bring home abducted U.S. children.

  • Cong. Smith introduces left behind parents and family at the mark-up of his international parental child abduction legislation.

  • Cong. Smith introduces left behind parents and family at the mark-up of his international parental child abduction legislation.

  • After a five year abduction, David and his Sean head back to New Jersey on Dec. 24, 2009.

  • David Goldman testifies before the House Foreign Affairs Subcommittee on Human Rights. He testified before multiple hearings, both before and after his grueling, five-year ordeal.

  • Goldman with his son Sean back home in New Jersey after a five year abduction.

  • Cong. Smith asks Ambassador Jacobs to support his legislation to give options to the U.S. State Department to retrieve American children wrongly held overseas. She promised to consider every way possible to get U.S. children home.

  • David Goldman, of the few parents to successfully get his child back from Brazil (following a five-year battle) questions the effectiveness of the State Department in assisting American parents fighting to bring their children back home to the U.S.

  • Ambassador Jacobs promises she will explore every way possible to get U.S. children home.

  • Bindu Phillips of Plainsboro, NJ describes her desperate fight to see her children again. She a, and appeals to Congress for help.

  • Ex-Marine Sgt. and Iraqi War vet Michael Elias of Rutherford, NJ describes how his ex-wife illegally removed his children Jade and Michael from the U.S. four years ago.

  • International abduction legal expert Patricia Apy describes the maze left behind parents must take to attempt to recover their children.

  • 'Left Behind' parents Paul Toland, David Feimster, David Goldman and Barton Hermer listen as Rep. Smith's International Child Abduction bill is passed by the full Foreign Affairs Committee.

  • Cong. Smith speaks to Fuji Television Network reporters about his bill. The Japanese government is one of the worst offenders in the world in enforcing U.S. court orders to return abducted American children to the U.S.

  • Bindu Phillips of Plainsboro, N.J. speaks at a press conference Dec. 11, 2013 calling for passage of HR 3212. From left are other “left-behind” parents Barton Hermer of Texas, Paul Toland of Maryland, Rep. Chris Smith, David Goldman of N.J., Dennis Burns of Colorado, and Arvind Chawda of N.J.

  • Left-behind N.J. parents with Cong. Smith. From left are Rep. Smith, Bindu Phillips of Plainsboro, a poster of former Marine Sgt. Michael Elias of Rutherford holding his daughter Jade, David Goldman of Tinton Falls, and Arwind Chawda of Edison.

  • Cong. Smith discusses efforts to retreive Americans held in Iran.

  • Arwind Chawda of Edison, NJ traveled to Washington to watch the passage of the bill by the House of Representatives.

  • Cong. Smith calls for a support fo his legislation by the full House during debate on the House floor.

  • Chairman Ed Royce of the House Foreign Affairs Committee calls for broad support of Smith's bill.

  • Rep. Joe Kennedy speaks in strong favor of the bill.

  • House passage of HR 3212 on Dec. 11 2013. Final Vote: 398-0.

SEAN GOLDMAN was 4 years old when his Brazilian-born mother took him from their New Jersey home for what Sean’s father, David Goldman, thought would be a two-week vacation. Five years passed before the father again laid eyes on his son.

“It was very painful,’’ David Goldman recalled. “The first time I saw him after nearly five years, he looked at me and asked me where have I been all this time. . . . He was told that I didn’t love him, that I abandoned him, that I never wanted him.” 

The only unusual feature of this story is that David Goldman eventually regained custody, though even after the boy’s mother died in 2008 her Brazilian family continued to resist his efforts. He succeeded in part because Rep. Christopher H. Smith (R-N.J.) relentlessly focused attention and pressure on the case. Now a bill written by Mr. Smith, the Sean and David Goldman International Child Abduction Prevention and Return Act, has been approved by the House, 398 to 0, and is set for consideration in the Senate. But the State Department doesn’t want the additional diplomatic tools the bill would provide.

According to State, 1,144 children were reported abducted from the United States in 2012. There were 1,367 in 2011 and 1,492 in 2010. State Department officials say they work hard to get those children back — or at least to get the cases fairly adjudicated — but they can’t or won’t say how many of those abducted children remain overseas. That raises questions about their claims for success for “quiet diplomacy.”

In a letter to Mr. Smith, Robert E. Wallace, executive director of the Veterans of Foreign Wars of the United States (VFW), said the abduction of children by a separated spouse is a particular problem for service members, especially in Japan. Mr. Wallace said the service members’ appeals for help “are too often met with bad legal advice, misinformation or indifference. . . . It is time for the U.S. government to take concrete action.” An organization of victimized parents said that the result of quiet diplomacy is “that the Government of Japan has not once assisted in returning a single abducted child.” Japan at least is in the process of acceding to an international treaty on the subject; most countries have not done so.

The House bill provides for a series of graduated sanctions against countries that demonstrate a pattern of non-cooperation; it also would encourage the United States to negotiate agreements with countries that have not ratified the treaty. In both cases, the executive branch would act only if it chose to do so; the bill provides for a presidential waiver. Nonetheless, a State Department official told us putting tools in the tool kit would be counterproductive because U.S. officials would face pressure to use them and other countries would resent the implied threat.

Given the administration’s inability to quantify its success, or to report any results at all, the argument for the status quo is not persuasive. An aide to Sen. Robert Menendez (D-N.J.), chairman of the Foreign Affairs Committee, told us that the committee will take the measure up soon. We hope soon means soon. For thousands of parents deprived of the chance even to communicate with their children, quiet diplomacy isn’t getting the job done.

 http://www.washingtonpost.com/opinions/give-parents-more-tools-in-international-abduction-cases/2013/12/28/2d0a96aa-6c0e-11e3-aecc-85cb037b7236_story.html
 

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