DOS Update (10 Sept 2024): Congressional Hearing on International Child Abduction Prevention & Return Act
ICAPRA, or sometimes referred to as the Goldman Act, became law in 2014. It highlights legal options for the U.S. government to take when another country fails to return abducted children to the USA, ranging from a demarche to sanctions. It requires the U.S. Department of State to provide an annual compliance report on whether children are returned to the USA. It also established the Prevent Abduction program with US CBP. The hearing before the Foreign Affairs Subcommittee was being held proximate to the 10-year anniversary of the Goldman Act, and was specifically looking at what still remains to be done to increase the return of abducted children. Several witnesses testified on 2 consecutive panels, with the first panel having two representatives from the U.S. Department of State. You can watch the recording of the hearing by clicking here. You can read the written testimony from the witnesses by clicking here.
The Chair of the Subcommittee, Rep. Chris Smith (NJ), made opening remarks, including his concern that the USA has only used the legal options available in ICAPRA, beyond a demarche, once. There was some focus on the Asia-Pacific region, with Rep. Smith indicating concern that only 4 abduction cases from before Japan ratified the Abduction Convention were resolved. The Ranking Member of the Subcommittee, Rep. Susan Wild (PA), expressed her concern over the lack of sufficient coordination among the Department of State, Department of Justice, and local law enforcement.
Some of the key points made by the two U.S. Department of State panelists include their perceived role in public awareness and abduction prevention. The first panelist spoke to Japan’s updated implementing legislation that improves enforcement of return orders under the Abduction Convention, and its May 17th legislative enactment (to go into force in 2026) of the option for joint parental authority under Japan’s domestic law. He also referenced the problem with enforcing return orders in the Republic of Korea that has landed ROK on the non-compliant list for the past 2 years. He testified that bailiffs in ROK were primarily responsible for enforcing return orders, but they were not legally subject to the direct authority of the courts. He noted that in June 2023, an initial task force was formed, and in April 2024, guidance was issued on enforcement of return orders. Since then, 2 cases resulted in a return order, and both were enforced. The second government panelist mentioned, among other things, that she has regular meetings with India, and outreach to military attorneys in these cases. She said that, this year, there have been 2 regular agency meetings on prevention of abductions.
It was particularly interesting to see the questions, presented by members of Congress, to the two government officials. The video is an important watch for those who wish to view the current work by the U.S. Congress in these disputes, and the views of U.S. legislators towards potential steps in increasing the return rate of children to the USA.
