Today, Rep. Chris Smith (NJ-04) chaired a hearing entitled, “Enforcement is Not Optional: The Goldman Act to Return Abducted American Children,” to give a voice to families suffering from international parental child abduction—inviting the new Administration to make these cases a priority and use Smith’s law, the Goldman Act, to finally bring them home. 

     “Congress unanimously adopted the Goldman Act in 2014 to ensure that any Administration takes effective action when a country refuses to return an abducted American child,” said Smith, who authored the Sean and David Goldman Child Abduction Prevention and Return Act of 2014 (P.L. 113-150) to provide government support and assistance to abducted children and their left behind parents. “The Obama Administration’s record shows repeatedly that a words-only strategy will not get us past the abysmally low return rate of 33%; the new Administration has a chance to show some true American resolve—and bring American children home.” Click Here to read Smith’s Statement. Or click here to watch the video of the hearing.

     “The Obama Administration’s indefensible refusal to use the sanctioning tools embedded in the Goldman Act has been noted by other governments and is hurting our American children,” said Smith. “On February 14 of this year – Valentine’s Day – Japan’s Minister of Foreign Affairs, Fumio Kishida, noted in their parliament—the Diet—that, ‘until now there is not a single example in which the U.S. applied [Goldman Act sanctions] towards foreign countries.’…Three days later, the Osaka High Court overturned a return order for the four American children of James Cook in flagrant violation of the Hague Convention, Japan’s own Hague implementation guide, and U.S. law.”

     The State Department 2016 Actions Report, detailing the Obama Administration’s efforts on behalf of abducted American children, was released last fall and showed a continuation of the Administration's failed “words-only” strategy to return kids who have been abducted by a parent to another country—often in clear violation of valid U.S. court orders. 

     Between 2008 and 2015, nearly 10,000 children have been abducted overseas by a parent and almost always cut off from contact with the left behind American parent. Studies have shown these children are at grave risk of serious emotional and psychological problems, and may experience a number of symptoms including anxiety, eating problems, nightmares, mood swings, sleep disturbances, aggressive behavior, resentment, guilt and fearfulness. Far from simply a custody dispute, international child abduction is a violation of both the left behind parent’s and child’s basic human rights.

      “Heartbroken parents have fought and won in foreign courts only to have the foreign government refuse to enforce the rulings year after year after year—and still the State Department responds with nothing but more meetings and more letters,” said Smith. “That response is flagrant disregard of the law.”

     In Japan, more than 80 children await reunification with their American parent—most of these cases have been pending for 5 or more years. Referring to Vice President Pence’s upcoming visit to Japan in mid-April, James Cook said, “I respectfully request that Vice President Mike Pence speak with these Japanese officials and ask them to have Japan meet their international obligation to comply with the Hague Convention and return our children to their habitual residence in Minnesota. Excuses may be offered why they cannot, but I know Japan will force their return if required.” Click Here to Read Cook’s Statement.

     Dr. Augusto Frisancho won the return of his three sons from Slovakia, but Slovakia failed to enforce the return order.  The European Court of Human Rights ruled that Slovakia had violated Dr. Frisancho’s rights and fined Slovakia—but Slovakia still will not return the children. “To top all that injustice, Slovakia is trying to file criminal charges against me for unpaid child support for children,” said Dr. Frisancho. “Three judges in the US, four judges in Slovakia, and seven judges at the European Court of Human Rights…have acknowledged that the abduction of my children is wrong, but the children are still being emotionally abused, for almost 7 years!” Click Here to read Frisancho’s Full Statement.

     Dr. Noelle Hunter, President of iStand Parent Network, as well as mother of a daughter returned from Mali, called on the Department of State to, “materially reduce all visa issuance,” to the nationals of countries listed in the Goldman Act Reports as showing patterns of non-compliance or non-cooperation in returning abducted American children, “until all abducted American children, with pending IPCA cases are returned to the United States.” Click Here to read Hunter’s Full Statement.

     More than 90 abducted American children are currently being held in India.  In many of the cases, both the parents and the children are American citizens, and yet the taking parent runs to Indian courts to resolve custody—or ignore a pre-existing U.S. court decision on custody—when they could have easily used U.S. courts and not harmed the child through abduction. 

     Testifying before the subcommittee, Vikram Jagtiani explained his 4-year legal battle, “My family and I are victims not only of [abduction], but of India’s legal system, which is failing to deliver justice. My daughter is an innocent, voiceless victim of a crime committed by her mother, aided and abated by India’s refusal to recognize [abduction] as child abuse, a human rights violation and a crime.” Click Here to read Jagtiani’s Full Statement.

     Smith named the Goldman Act after David and Sean Goldman, a father (and at one point a left behind parent) and son from Monmouth County who have now been reunited.  Following Sean’s return to New Jersey, David Goldman has stayed active in promoting the legislation in an effort to spare other parents and children the painful, illegal separation he and his son endured for five years.

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