Yesterday evening my partner, Karl Hindle and I testified before the Courts of Justice house committee in regards to our proposed bill HB 2361. It was very intimidating at first and the meeting room had a "courtroom feel" to it. Standing at the podium my left leg began to have a nervous quiver like Thumper from the movie Bambi. However I gained my composure and pressed on.
Karl's speech was right on, as usual. I felt that the committee responded well to us and I feel very optimistic about the fate of our bill. I met Delegate McClellan and as I envisioned, she was very pleasant and I admire her for what she does.
This journey has been very empowering for me. In an email this past October my children's father made the smug comment, " You think you can change laws!" Well with the way things are looking, I might be able to do just that!
Monday, January 24, 2011
Thursday, January 13, 2011
A successful day in court :)
Today a hearing was held to decide who would hold our daughters passports. I requested that the court or a GAL hold the passports but the judge stated that the request was irrelevant since Jasmine and Lily went to India and returned. I expressed my concern further and then decided to throw a "curve ball" requesting that our daughters' father's attorney hold the passports. The judge said that she would grant my request.
I have always been a "black and white" person, all or nothing, but I have come to realize that some is better than nothing. In regard to today's hearing... I didn't get "exactly" what I wanted but I did get what I wanted, for our daughters' passports to be held by someone other than us. I feel that their passports will be safe with our children's father's attorney despite the fact that he represents their father.
All in all today WAS successful. And like so many people, strangers have told me, things will get better! The puzzle pieces are coming together and I love it!
I have always been a "black and white" person, all or nothing, but I have come to realize that some is better than nothing. In regard to today's hearing... I didn't get "exactly" what I wanted but I did get what I wanted, for our daughters' passports to be held by someone other than us. I feel that their passports will be safe with our children's father's attorney despite the fact that he represents their father.
All in all today WAS successful. And like so many people, strangers have told me, things will get better! The puzzle pieces are coming together and I love it!
Monday, January 10, 2011
Our proposed bill...
OUTLINE OF PROPOSED
INTERNATIONAL CHILD ABDUCTION PREVENTION & RECOVERY BILL
The purpose of the proposed legislation is to deter international child abductions (ICA) and to render practical assistance to left-behind parents in the recovery of abducted children.
The proposed bill is a no-cost to taxpayers measure.
This bill will also place the Commonwealth at the forefront of international child abduction protection developments in the United States.
The bill will also contain measures to recognize the plight of children internationally abducted to the Commonwealth of Virginia from abroad.
The bill will also contain criminal penalties for non-compliance as well as provide for better-educated and experienced judges to deal with matters concerning international child issues, by ensuring adherence to existing federal guidelines (the “risk factors”) and by focusing educational efforts on a select pool of judges to deal with these issues.
PROPOSED MEASURES
1. Creation of a Pool of Judges
Currently, all state, circuit and county judges have jurisdiction over international child matters, notably with the use of the primary international treaty, The Hague Convention on the Civil Aspects of International Child Abduction (1980). This has led to inexperienced judges dealing with cases for which they are ill-suited by training, experience and temperament.
Creating a pool of judges who will be automatically assigned to hear international child issues will ensure that current educational resources are focused upon a smaller group of judges who will also be able to gain the appropriate level of experience to handle a frequently complex area of law.
2. Judicial Education
As stated in 1. above, creating a select pool of judges to handle international cases of visitation, custody and abduction will improve judicial outcomes for children and parents, as well as serve to improve the reputation of the Commonwealth as a model for handling such cases.
Educational resources will be more focused and of greater depth and value to those judges assigned or selected to constitute the pool. Particularly, greater awareness will be achieved of the issues and the framework which exists at federal and international level to assist in resolution of international child abduction and retentions, both of children abducted overseas and of children abducted from overseas to the Commonwealth.
3. Mandatory Reporting System
Currently, there is no reporting system or central repository of information on international child abduction at state or federal level. This results in confusion and disagreement on the scale of the problem of international child abduction cases. The US Department of State’s Office of Childrens Issues does not collect or collate statistics which have generic or specific value; many cases fall between the cracks in the current framework as a consequence, indeed many go unreported.
It shall be mandated that international child abductions to and from the Commonwealth be collated by a central repository body.
4. Mandatory Reporting & Law Enforcement
Upon a child not being returned to the jurisdiction, on the following day the left-behind parent shall be allowed to make, and law enforcement compelled to accept, a missing child report.
The missing child report shall be made to State Police.
Upon a child being internationally abducted to the jurisdiction, State Police shall be compelled to accept directly from the overseas left-behind parent a missing child report, or may accept one through foreign law enforcement or other administrative or law enforcement agency.
Reports shall be filed in person, by email, by telephone or by fax or any other communication medium available.
Immediately, State Police shall:
i. Enter the child as a missing child into the federal NCIC;
ii. Notify the National Center for Missing & Exploited Children (NCMEC); and
iii. Notify the State designated repository (see 3. above).
5. Criminal Aspects
Outgoing cases: after a 30-day grace period for the voluntary return of the child, the removal/retention shall be deemed a criminal offense.
Incoming cases: within 30 days of abduction to the Commonwealth of Virginia, the child shall be voluntarily returned. Failure to return shall be a criminal offense. Further removal of the child out of state shall be an additional criminal offense (to tackle state-hopping behavior).
6. Freezing & Liquidating Property & Assets of Abductors and Accomplices
The cost of recovering children is enormous; frequently running to hundreds of thousands of dollars for both resident and alien left-behind parents. The assets of abductors and those who render assistance and succor shall be liable to be immediately frozen upon reporting to State Police. If, after 30 days, the child is not returned, those assets are to be considered forfeit and may be liquidated to provide the left-behind parent with the funds necessary to mount recovery of their child.
INTERNATIONAL CHILD ABDUCTION PREVENTION & RECOVERY BILL
The purpose of the proposed legislation is to deter international child abductions (ICA) and to render practical assistance to left-behind parents in the recovery of abducted children.
The proposed bill is a no-cost to taxpayers measure.
This bill will also place the Commonwealth at the forefront of international child abduction protection developments in the United States.
The bill will also contain measures to recognize the plight of children internationally abducted to the Commonwealth of Virginia from abroad.
The bill will also contain criminal penalties for non-compliance as well as provide for better-educated and experienced judges to deal with matters concerning international child issues, by ensuring adherence to existing federal guidelines (the “risk factors”) and by focusing educational efforts on a select pool of judges to deal with these issues.
PROPOSED MEASURES
1. Creation of a Pool of Judges
Currently, all state, circuit and county judges have jurisdiction over international child matters, notably with the use of the primary international treaty, The Hague Convention on the Civil Aspects of International Child Abduction (1980). This has led to inexperienced judges dealing with cases for which they are ill-suited by training, experience and temperament.
Creating a pool of judges who will be automatically assigned to hear international child issues will ensure that current educational resources are focused upon a smaller group of judges who will also be able to gain the appropriate level of experience to handle a frequently complex area of law.
2. Judicial Education
As stated in 1. above, creating a select pool of judges to handle international cases of visitation, custody and abduction will improve judicial outcomes for children and parents, as well as serve to improve the reputation of the Commonwealth as a model for handling such cases.
Educational resources will be more focused and of greater depth and value to those judges assigned or selected to constitute the pool. Particularly, greater awareness will be achieved of the issues and the framework which exists at federal and international level to assist in resolution of international child abduction and retentions, both of children abducted overseas and of children abducted from overseas to the Commonwealth.
3. Mandatory Reporting System
Currently, there is no reporting system or central repository of information on international child abduction at state or federal level. This results in confusion and disagreement on the scale of the problem of international child abduction cases. The US Department of State’s Office of Childrens Issues does not collect or collate statistics which have generic or specific value; many cases fall between the cracks in the current framework as a consequence, indeed many go unreported.
It shall be mandated that international child abductions to and from the Commonwealth be collated by a central repository body.
4. Mandatory Reporting & Law Enforcement
Upon a child not being returned to the jurisdiction, on the following day the left-behind parent shall be allowed to make, and law enforcement compelled to accept, a missing child report.
The missing child report shall be made to State Police.
Upon a child being internationally abducted to the jurisdiction, State Police shall be compelled to accept directly from the overseas left-behind parent a missing child report, or may accept one through foreign law enforcement or other administrative or law enforcement agency.
Reports shall be filed in person, by email, by telephone or by fax or any other communication medium available.
Immediately, State Police shall:
i. Enter the child as a missing child into the federal NCIC;
ii. Notify the National Center for Missing & Exploited Children (NCMEC); and
iii. Notify the State designated repository (see 3. above).
5. Criminal Aspects
Outgoing cases: after a 30-day grace period for the voluntary return of the child, the removal/retention shall be deemed a criminal offense.
Incoming cases: within 30 days of abduction to the Commonwealth of Virginia, the child shall be voluntarily returned. Failure to return shall be a criminal offense. Further removal of the child out of state shall be an additional criminal offense (to tackle state-hopping behavior).
6. Freezing & Liquidating Property & Assets of Abductors and Accomplices
The cost of recovering children is enormous; frequently running to hundreds of thousands of dollars for both resident and alien left-behind parents. The assets of abductors and those who render assistance and succor shall be liable to be immediately frozen upon reporting to State Police. If, after 30 days, the child is not returned, those assets are to be considered forfeit and may be liquidated to provide the left-behind parent with the funds necessary to mount recovery of their child.
Monday, January 3, 2011
HAPPY 2011 Everyone! ... At least I hope it will be :)
I hope everyone had a splendid New Years Eve. I had a fun-filled evening surrounded by friends! Even though my age is beginning to catch up with me, I managed to have a festive, "dry" celebration! It was a moment of pure bliss saying "good riddance" to 2010 and "HELLO 2011!" 2010 was a burden whose load became more heavy as each month passed. It began on a sad note with the passing of my Grandma Cassell and things were just slowly added until I reached the motherload: October, November, and December.
The glass wasn't 1/2 empty the entire year... Some good things happened... I had my first publishing in a magazine! I did about a 15 photo spread for a nationwide magazine, 100,000 copies printed which was anything but shabby for a dame who only owned her D90 since last May :)
Anyway, I'm just glad to see 2010 gone! Looking back all my troubles began in 2000: car accident, cancer, marriage, divorce... And maybe I'm just having a 10 year streak of bad luck? Anyway, I just have a good feeling about 2011. I'm looking forward to the legal classes I'm taking this semester and I'm no longer going to be navigating the legal system blindfolded. After all, isn't the blindfold for the judge???
Well that's my year in a nutshell/Happy New Year post! I hope that everyone has a safe, happy, and prosperous New Year and I just pray that the Lord lighten my load and let things begin to turn around for me! HAPPY 2011!
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