Smith Calls On Trump Administration To Leave No Abducted Child Behind

Apr 12th, 2018 | By | Category: Featured

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(Hearing begins 20 minutes into this video.)

Rep. Chris Smith (R-NJ), chair of the House Subcommittee on Global Human Rights, called on the Trump Administration to take action on behalf of America’s kidnapped children in the subcommittee hearing entitled, “No Abducted Child Left Behind: An Update on the Goldman Act,” for families suffering from international parental child abduction. 

Congress unanimously adopted the Goldman Act in 2014 to ensure that the U.S. government and foreign governments would prioritize the return of abducted American children,” said Rep. Smith, who authored the Sean and David Goldman Child Abduction Prevention and Return Act of 2014 (P.L. 113-150). That law was named after a New Jersey father and son who were reunited after the father’s (David) five year-long battle to regain custody of his son (Sean) who was unlawfully abducted to Brazil by his mother.

“While the law has resulted in fewer new abductions, the last Administration failed to use it to resolve the current, long-standing, egregious cases—and the return rate remains abysmally low,” Smith stated at Wednesday’s hearing. [To read excerpts of Chairman Smith’s opening remarks, click here.]

Witnesses at the hearing stated that Japan has been notorious for non-compliance and non-enforcement of court rulings on the safe return of children to their home countries. In Japan, 35 children await reunification with their American parent—most of these cases have been pending for 5 or more years. Dozens more children have aged-out of the process without the courts acting to order their safe return. 

Patricia Apy, an international family law practitioner in Red Bank, NJ, testified that,  “MOU’s,  bilateral agreements and diplomatic sanctions must be seen as part of an arsenal available to the Department of State to address the unique legal and cultural framework of international family law.  American families need to have accurate and transparent information regarding the objective obstacles to recovery of children.” [To read Apy’s full testimony, click here.]

In February 2016, James Cook—who has four children abducted in Japan—won his case in Japanese courts to have his children returned.  However, Japan failed to enforce the return order or the fines against the taking parent for over a year.  The Osaka High Court overturned the return order because never ending legal bills forced Cook to move to an apartment. 

“Mr. President, when you meet with President Abe next week, demand my children back,” Cook stated in his testimony. He went on to warn U.S. courts, “I ask the [U.S.] Judicial branch to heed my testimony when contemplating joint custody arrangements between U.S. and Japanese parents, and certainly any considerations of…travel outside of the USA. There is no such thing as a harmless vacation to Japan.”

[To read Cook’s full testimony, click here.]

Suzanne Lawrence, Special Advisor for Children’s Issues at the U.S. Department of State, acknowledged Japan’s systematic enforcement problems, stating  “In 2017, we had two cases in Japan that were unresolved for over twelve months as a result of the failure of Japanese authorities to enforce return orders.  This is unacceptable and I am deeply concerned that, as a result, there is a pattern of Japan not complying with its obligations under the Convention.” [To read Lawrence’s full testimony, click here.]

Eleven of the thirteen countries found to be non-compliant in the return of abducted American children, in the 2017 Goldman Act Report, are currently receiving billions of dollars in tariff exemptions under the Generalized System of Preferences. Why are we giving business visas and tariff benefits to countries that aid and abet abductors?asked Smith on Wednesday.

Read more here: Chris Smith | U.S. Congressman for New Jersey’s 4th District

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