print 
email ATTACHMENT "A"
LIST OF NUMBER OF APPLICATIONS FOR THE RETURN OF CHILDREN SUBMITTED BY UNITED STATES CITIZENS TO THE CENTRAL AUTHORITY FOR THE UNITED STATES THAT REMAIN UNRESOLVED MORE THAN 18 MONTHS AFTER THE DATE OF FILING.
**The following acronyms are used throughout:
CI - Office of Children's IssuesCA - Foreign Central Authority
LBP - Left-behind parent
TP - Taking parent
Please note that the case summaries below do not include records of Department of State and overseas posts' frequent, continual conversations and meetings with LBP's.
AUSTRALIA: CASE 1
Months Open: 60Return or Access: Return
Date of abduction or wrongful retention: 12 Jan 95
Date Hague application filed: 19 Jun 95
Has child been located? Yes
Date and results of first court hearing of Hague case:
Feb 96 - Court ordered return.Nov 96 - Australian pick-up warrant issued.
Date and results of subsequent appeals:
Jan 98 - Request to file appeal made by TP.Feb 99 - Full court of Australian Family Court upheld return order.
Mar 99 - TP applied to full bench of Family Court for certificate allowing appeal to Australian high court.
Dec 99 - Australian high court dismissed TP’s appeal against order for return.
Actions taken by the Department of State to resolve the case:
Jan 98 - CA notified CI that child located. Arrangements made to pick up child.See above for court hearings during this time period.
Feb 98 to Aug 99 - Letters of protest to CA.
Mar 99 - Assistant Secretary of State raised case with Australian counterpart.
Sep 99 - Letter from CI Director to CA's principal legal officer.
Sep 99 to Feb 00 - Strenuous efforts to locate LBP. LBP informed several times of need to provide signed agreement to undertakings in original order for return.
Actions taken by the Chief of Mission: None
BAHAMAS: CASE 1
Months Open: 56Return or Access: Return
Date of abduction or wrongful retention: 04 Nov 95
Date Hague application filed: 04 Dec 95
Has child been located? Yes
Actions taken by the Department of State to resolve the case:
Dec 95 - Embassy requests updates from CA; no response.May 96 - Embassy welfare/whereabouts visit.
Sep 96 - Jul 97 Continued numerous attempts to contact CA; no response.
Jul 97 - Embassy welfare/whereabouts visit attempted. Embassy sought MFA assistance in gaining consular access.
Aug 97 - Embassy welfare/whereabouts visit.
Dec 98 to May 99 - Embassy's requests for updates from CA unanswered.
May 99 - Embassy contacted Bahamian public prosecutor’s office.
Jun 99 - CI contacted U.S. law enforcement. Embassy discussed extradition for parental kidnapping charge with Bahamian Attorney General’s office.
Dec 99 - CI contacted U.S. law enforcement re extradition.
Mar 00 - Conference call (CI, DOJ, LBP) to discuss extradition. Embassy contacted public Bahamian prosecutor’s office.
Mar 00 - Ambassador sent diplomatic note asking for action on case.
Apr 00 - Embassy requested meeting with Deputy Attorney General to follow up on diplomatic note.
Apr 00 - Embassy reported official Ministry of Foreign Affairs/Attorney General response "to ensure that these matters are actively pursued and satisfactorily resolved."
Actions taken by the Chief of Mission: 13 Mar 00 diplomatic note requesting action with this and other long-standing case.
BAHAMAS: CASE 2
Months Open: 26Return or Access: Return
Date of abduction or wrongful retention: 24 May 97
Date Hague application filed: 01 May 98
Has child been located? Located, but missing again in early 2000.
Date and results of first court hearing of Hague case:
Sep 99 - Supreme Court requested a report from Bahamian social services and U.S. social services. CA only notified CI of court’s decision in Apr 00.
Actions taken by the State Department to resolve the case:
Nov 98 - CI sent follow-up fax asking for status.Dec 98 - CI forwarded documents from CA to LBP for signature.
Sep 99 - When CI called LBP’s attorney for update, learned case scheduled for hearing.
Oct 99 to Apr 00 - Embassy repeatedly sought information from CA on court decision; received no answer.
Mar 00 - Ambassador sent diplomatic note asking for action on case.
APR 00 - Embassy requested meeting with Deputy Attorney General to follow up on diplomatic note.
Apr 00 - Embassy reported official Ministry of Foreign Affairs/Attorney General response "to ensure that these matters are actively pursued and satisfactorily resolved."
Jun 00 - CI requested update from Embassy. Child and TP now missing. Bahamian social services working to locate them.
Jul 00 - CI/Embassy emails, LBP to Embassy for meeting with Consul General.
Actions taken by the Chief of Mission: 13 Mar 00 diplomatic note requesting action with this and other long-standing case.
CANADA: CASE 1
Months Open: 56Return or Access: Return
Date of abduction or wrongful retention: 20 Oct 95
Date Hague application filed: 23 Oct 95
Has child been located? Yes
Actions taken by the Department of State to resolve the case:
Dec 95 - Application sent to CA by local District Attorney.Mar 97 - CI informed that Superior Court had ordered the children’s return to the U.S. but that tribal police on Indian Reserve refused to comply with the court order.
Jul 00 - CA reported that the case had been settled and was awaiting submission of agreement to the court.
Actions taken by the Chief of Mission: None.
COLOMBIA: CASE 1
Months Open: 33Return or Access: Return
Date of abduction or wrongful retention: 01 Sep 97
Date Hague application filed: 25 Sep 97
Has child been located? Yes
Date and results of first court hearing of Hague case:
Sep 99 - Court ordered return to U.S. Police to enforce the order should the TP not surrender child. Problem due to national strike/riots in Colombia and need for passport from Embassy without transportation within the country or outbound flights.
Dates and results of subsequent appeals:
Sep 99 - Family court magistrate suspended Hague return order, in response to TP appeal. Child to remain in Colombia and new magistrate to decide the case. Sep 99 to Mar 00 - Series of appeals. TP's petitions for custody denied. Court suspended LBP's case for 4-5 months for a review period, as requested by TP.Actions taken by the State Department to resolve the case:
Note: CI has been actively involved with law enforcement efforts from early on, developing strategies and sharing information.
Mar, Apr 98 - After several unsuccessful attempts to fax CA, using several fax numbers, to confirm order for home study of LBP, mailed update request. Express-mailed update request hard copy along with others to LBP.Jul to Aug 98 - CA forwarded Article 13b home study via NCMEC. CI contacted social service organizations to help arrange home study.
Aug 98 - FedExed update letter to CA.
Sep 98 - FedExed home study and translation to Embassy for delivery to CA.
Mar 99 - Received letters from CA, stating Hague proceedings were resumed after being interrupted by the January earthquake
See above for court proceedings during this time period.
Actions taken by Chief of Mission: None.
MEXICO: CASE 1
Months open: 73Return or access: Return.
Date of abduction or wrongful retention: 07 May 93
Date Hague application filed: 12 May 94 (faxed; originals mailed 13 May 94)
Has child been located? Yes
Date child was located (if location problematic or delayed): 07 Aug 96
Date and results of first court hearing of Hague case:
Oct 6-10, 1997 - Hearing scheduled but not held. Reason for postponement/cancellation not provided.
Actions taken by the Department of State to resolve the case:
Jul 94 - Submitted additional documentation to CA.Nov 94 - CA requested original documents and address/location information.
Dec 94 - Notified CA that LBP was obtaining documents and address on Hague application was accurate.
Mar 95 - CA requested original documents and information on current status of divorce/custody proceedings. Requested documentation from LBP.
Jul 96 - Query to CA re status of case; no response.
Jul 96 - Welfare/whereabouts visit requested to confirm possible location of children. Embassy requested local child protective services (cps) to conduct visit.
Aug 96 - Cps reported location and well-being of children; information sent to LBP; location confirmed to CA.
Jul 97 - Query to CA re status of case; no response.
Aug 97 - Requested CA have cps do another welfare/whereabouts visit; CA requested cps visit.
Aug 97 - Provided CA information regarding children's names and TP location.
Sept 97 - Query to CA re cps visit.
Sept 97 - Requested Embassy raise issue of non-responsiveness with CA.
Oct 97 - Repeated attempts with CA to find out results of hearing; CA informed CI no hearing had taken place.
Apr 98, Jun 98 - Query to CA re status of case; no response.
Oct 98 - CA reported that children had been located and "actions are being taken" for return to U.S.
Feb 99, Jul 99 - Query to CA re status of case; no response.
Sept 99 - Query to CA re status of case; CA needed to check with state court re status; no further response.
Jan 00 - Discussed welfare/whereabouts with LBP.
Feb 00 - Embassy requested to conduct visit and not refer it to cps; initial difficulty in locating children.
Apr 00 - Welfare/whereabouts visit conducted; reported to LBP. Relatives possibly open to returning children to U.S. without court order.
Jun 00 - Embassy requested to pursue discussions with relatives re return of children.
Actions taken by the Chief of Mission: None.
MEXICO: CASE 2
Months open: 57Return or access: Return
Date of abduction or wrongful retention: 09 Sep 95
Date Hague application filed: 20 Sep 95
Has child been located? No
Actions taken by the Department of State to resolve the case:
Sep 95 - Hague application filed directly with CA by LBP.Sep 95 - Memo to CA requesting immediate action to locate.
Oct 95 - Additional material from LBP forwarded to CA.
Oct 95 - CA inquired re CI policy on direct CA-LBP communication; advised there was no objection.
Nov 95 - LBP requested that Hague application be withdrawn; CA notified that application was withdrawn.
Feb 96 - Forwarded additional location information to CA, per LBP request.
Mar 96 - Query to CA re status of case; no response.
May 96 - Material from LBP forwarded to CA per LBP request.
May 96 to Jul 96 - CI notified CA re status of U.S. state court actions.
Feb 97 - LBP requested that Hague case be reinstated.
Feb 97 - CA notified re local suit; CI requested reactivation of Hague and suspension of suit. Suit suspended.
Aug 97 - CA requested to have child protective services conduct welfare check; child not located.
Aug 97 - Discussed case with FBI.
Sept 97, Oct 97, Jan 98 - Query to CA re status of case, no response.
Feb 98 - Met with CA and discussed lack of progress.
Apr 98 to Jan 99 - 7 queries to CA re status of case; no response.
Mar 99, Apr 99 - Requested CA to facilitate LBP access to child.
May 99 - Called CA to discuss case. CA does not have location information, cannot try to negotiate access.
May 99 - Assistant Secretary of State includes case in summary of problem cases presented at Binational meeting.
Jun 99 - Query to CA re status of case; provided information on possible location; no response.
Jul 99 - Embassy requested to conduct welfare/whereabouts visit.
Jul 99 - Relative met consular officials; agreed to consider asking TP re consular access.
Aug 99 - Welfare/whereabouts visit by consular officer in courthouse. Relative refused to provide direct contact information or address.
Aug 99 - Foreign Ministry responded to case summary presented by Assistant Secretary of State, reporting that case at standstill until child located.
Sept 99 - Assistant Secretary of State discussed case with counterparts at Binational meeting.
Sept 99 to Dec 99 - Monthly attempt to contact relative for further visits/information.
Feb 00 - Contacted International Red Cross, per LBP request, to inquire re possible assistance.
Mar 00 - Discussed case with CA; attempts to locate on going; CA provided police report re unsuccessful attempts to contact family.
Mar 00 - Provided LBP with information re court structure and sample of Hague decision.
Jun 00 - Case again raised by Assistant Secretary of State at Binational meeting.
Jul 00 - Provided CA with new address information and clarification re LBP's parental rights.
Actions taken by the Chief of Mission: None
MEXICO: CASE 3
Months open: 55Return or Access: Return
Date of abduction or wrongful retention: Jul 95
Date Hague application filed: 14 Nov 95
Has child been located? No
Date and results of first court hearing of Hague case:
May 96 - Court ordered return, absent appearance of TP and children at the hearing.
Date and results of subsequent appeals:
Nov 96 - Appeal filed, on Constitutional grounds, against President and Foreign Ministry (FM).Mar 97 - Appeal denied as there were no grounds to file against defendants.
Mar 97 - Denial appeal appealed to Supreme Court.
Jun 98 - Supreme Court remanded Constitutional case to originating federal court for reconsideration due to technical errors.
Jul 98* - TP attempted to add new information/points of appeal to case in addition to technical corrections before it was sent back to Supreme Court; request denied.
Sept 98* - Appeal filed on denial of request to add information to case.
* Dates approximate; information obtained by CI in Nov 98.
If court ordered return/access, was order enforced?
May 96 - Order not enforced, as TP and children were not located.Nov 96 - When TP and children were located, TP served with order and pick-up of children attempted; appeal filed to block return.
List of actions taken by the Department of State to resolve the case:
Nov 95 - CA requested translations and documents.Dec 95 - Notified CA that TP being held in jail in U.S. requested expediting of case.
Dec 95 - Translations of documents sent to CA.
Jan 96 - Query to CA re status of case; no response.
Mar 96 - Query to CA re possible court date; case already sent to judge, no date.
------See above for court hearings during this time period.
Jul 96, Oct 96 - Query to CA re status; no response.
------See above for court hearings during this time period.
Dec 96 - Consulate requested to conduct welfare/whereabouts visit; could not locate children.
------See above for court hearings during this time period.
Jan 98 - Query to CA re case status; no response.
Feb 98 - Consulate requested to conduct welfare/whereabouts visit; after extensive efforts, unable to locate.
Jun 98 - Consulate requested to determine status of case in courts and to conduct welfare/whereabouts visit.
------See above for court hearings during this time period.
Jun 98 - Letter to Hague Permanent Bureau (HPB) re attempts to question constitutionality of Hague accession.
Jun 98 - HPB reported its attempts to intercede with CA.
Jul 98 - Query to CA re status of case; no response.
Jul 98 - Consulate reported all attempts to do welfare/whereabouts, including seeking assistance from state authorities, failed; family adamant that visit will not occur.
Sept 98 - Consulate began processing diplomatic note re denial of consular access (emphasis on Vienna Convention and bilateral consular convention).
Nov 98 - Diplomatic note sent to Foreign Ministry (FM).
Nov 98 - FM sent diplomatic note to CA for appropriate action; CA sent request for access to state judge.
Apr 99 - Query to CA re case status; no judicial ruling on request for access.
May 99 - Assistant Secretary of State includes case in summary of problem cases presented at Binational meeting.
Aug 99 - Foreign Ministry (FM) responded to case summaries presented by Assistant Secretary of State. Reported that case at standstill until appeal is resolved and children located. FM had concluded that it would have to sue TP in court to obtain consular access to children.
Sept 99 - Assistant Secretary of State discussed case with counterparts at Binational meeting.
Oct 99 - Requested that consulate request visit by child protective services (cps) staff since unable to obtain consular access.
Dec 99 - Called CA re status of FM suit for consular access; brief had been prepared, sent to judge.
Feb 00 - Case discussed with supervisor of CA director; discussed alternatives if suit for consular access was not successful.
Mar 00 - Consulate sent formal request to cps for visit.
Mar 00 - Requested CA supervisor to provide synopsis of where Hague case stands in court.
Jun 00 - Case again raised by Assistant Secretary of State at Binational meeting.
Jun 00 - Cps considers case closed due to reports that family no longer in country.
Actions taken by the Chief of Mission:
Nov 96 - Chief of Mission requested that consular officer express his direct interest in case to CA.Nov 98 - Diplomatic note sent to Foreign Ministry requesting assistance in obtaining consular access to children.
MEXICO: CASE 4
Months open: 46Return or access: Return
Date of abduction or wrongful retention: 18 Oct 95
Date Hague application filed: 09 Aug 96
Has child been located? No
Actions taken by the Department of State to resolve the case:
Note: Throughout case, CI has maintained contact with FBI, discussing case and developing locating strategies as appropriate.
Jul 97 - CA requested additional documents; documents sent.Oct 97 - Query to CA re case status; no response.
Jan 98 - Query to CA re case status, especially location efforts; no response.
Mar 98 - Query to CA re status of case; provided information on possible location; no response.
Apr 98 - Requested Consulate and FBI assistance in locating.
Jul 98 - Consulate reported that attempts to locate unsuccessful.
Jul 98 - CA requested additional information to assist in location; provided all information available.
Oct 98 - CA again requested additional information to assist in locating; informed no new information existed.
Mar 00 - Discussed with LBP; agreed to keep Hague case active.
Mar 00 - Discussed case with CA; no new information re location.
Actions taken by the Chief of Mission: None
MEXICO: CASE 5
Months Open: 44Return or Access: Return
Date of abduction or wrongful retention: 09 Jan 96
Date Hague application filed: 31 Oct 96
Has child been located? Yes
Actions taken by the State Department to resolve the case:
Aug 97 - Confirmed for CA that LBP was still interested in pursuing return case; reported to LBP that CA needed additional documents.Sept 97 - Provided confirmed location information to CA.
Sept 97 - Reminded LBP of CA need for documents. LBP declined Embassy welfare/whereabouts visit.
Jan 98 - Query to CA re status of case; no response.
Jan 98 - Reminded LBP that CA needed documents or would close case.
Mar 98 - Notified CA that LBP was attempting to get documents; requested that case file be kept open.
Mar 98 - Sent documents to CA.
Jul 98, Sep 98, Jan 99, Apr 99 Queried CA re status of case; no response.
Jun 99 - CA fax requested "original documents."
Jun 99 - Query to CA asking specifically which documents needed; no response.
Sept 99 - Inquired again which documents needed; CA responded would inform what is needed.
Nov 99 - LBP requested welfare/whereabouts visit; Embassy requested local child protective services (cps) to conduct visit.
Jan 00 - Inquired status of welfare/whereabouts visit; very remote site, local cps still making arrangements.
Feb 00 - Sent welfare/whereabouts report to LBP.
Mar 00 - Query to CA re what documents still needed; CA responded they had no original documents, but thought they might have been sent to state court and would confirm.
Actions taken by the Chief of Mission: None.
MEXICO: CASE 6
Months open: 44Return or access: Return
Date of abduction or wrongful retention: 26 Jun 96
Date Hague application filed: 01 Nov 96
Has child been located? No
Actions taken by the Department of State to resolve the case:
Jan 97 - Application with original signature forwarded to CA.Mar 97 - Query to CA re case status; CA indicated case had not been received; application re-submitted.
Aug 97 - CA requested documents and translations. Embassy delivered material.
Jan 98 - Query to CA on case status. CA requested certified documents; informed CA that these documents had already been submitted.
Mar 98 - LBP notified that additional document may be needed.
Apr 98 - Query to CA on case status; no response.
Oct 98 - CA again requested certified documents, stating they had received only photocopies.
Oct 98 - Certified copy of documents requested from LBP.
Apr 99, Jun 99 - Query to CA on case status; no response.
Nov 99 - Reminded LBP of need for certified copy of documents. Requested Embassy conduct welfare/whereabouts to confirm location.
Dec 99 - Embassy reported that child protective services (cps) attempted welfare/whereabouts, but family not at location provided.
Dec 99 - Welfare/whereabouts request passed to another consular district.
Dec 99 - Discussed other possible leads re location with LBP.
Apr 00 - Requested LBP provide additional information as discussed; no response.
Actions taken by the Chief of Mission: None
MEXICO: CASE 7
Months open: 40Return or access: Originally for return, LBP changed to access Nov 99.
Date of abduction or wrongful retention: 31 Jul 96
Date Hague application filed: 03 Mar 97
Has child been located? Yes
Date and results of first court hearing of Hague case:
Aug 97 - Hearing held. Judge stated would order return upon pick-up of children; order not signed.
Dates and results of subsequent appeals:
Aug 97 - TP filed appeal blocking pick-up and further CA action.Oct 97 -Hearing held on appeal.
Nov 97 -Appeal denied; TP and children cannot be located.
Dec 97 - TP and children located, hearing held on return. Judge stated order for return would be issued upon pick-up of children.
Dec 97 - TP filed appeal blocking pick-up and any action from judge.
Actions taken by the Department of State to resolve the case:
Note: Throughout May 97 - Mar 99, CI worked with FBI and Embassy Legal Attaché on location and law enforcement support for LBP.
------See above for court hearings during this time period.Aug 97 - CA informed CI that LBP could pursue directly in court. CI informed LBP of option available and need for attorney.
Sept 97 - Query to CA re status of case; no response.
Mar 98 - LBP requested visitation (in foreign country) while appeal in progress; no response.
Jun 98 - CI requested CA that, not withstanding the appeal, case be heard expeditiously as per Hague Convention.
Jun 98 - Embassy requested to conduct welfare/whereabouts visit; Embassy reported that child protective services (cps) approval required for visit.
Jul 98 - Query to CA re status of case. Requested CA ask cps to authorize consular visit; no response.
Jul 98 - Embassy attempted welfare/whereabouts visit.
Sept 98 - Query to CA re status of case; no response.
Sept 98 - Welfare/whereabouts visit conducted by Embassy at lawyer’s office.
Oct 98 - Spoke with CA re status of case. CA reported that parents were willing to sign agreement re visits with conditions.
Oct 98 - LBP spoke with Embassy re Sep 98 welfare/whereabouts visit; asked Embassy to follow-up on possible access arrangements.
Nov 98 to Dec 98 - CI and Embassy facilitate delivery of LBP's holiday gifts.
Jan 99 - Called CA re case status; no response.
Jan 99 - Embassy conducted welfare/whereabouts visit at lawyer’s office.
Feb 99 - Request to CA for case status update; nothing new.
Apr 99 - Embassy requested to conduct welfare/whereabouts visit in the home and convey LBP’s continued interest.
May 99 - Assistant Secretary of State included case in summary of problem cases presented at Binational meeting.
May 99 - Letter requesting LBP visitation with children sent to CA by NGO; no response.
Aug 99 - Welfare/whereabouts visit conducted in attorney’s office.
Aug 99 - Discussed case with LBP; confirmed LBP’s goals re access rather than return.
Aug 99 - Foreign Ministry responded to case summary presented by Assistant Secretary of State, reporting that case at standstill until lawsuit and appeal are resolved.
Sept 99 - CA indicated that despite the lawsuit and appeal, it could get involved in the access case.
Sept 99 - Assistant Secretary of State discussed case with counterparts at Binational meeting.
Nov 99 - Official notification of conversion of case from return to access sent to CA.
Feb 00 - Query to CA re case status; told Director would contact with update; no contact.
Mar 00 - Query to CA re case status; legal briefs had been prepared and case had gone to judge.
Mar 00 - Contacted supervisor of CA; agreed that case ought to move forward quickly as access case; would investigate delays.
Apr 00 - CA notified CI that judge had ruled that appeal had been denied and judge now reviewing briefs.
Jun 00 - Case again raised by Assistant Secretary of State at Binational meeting.
Actions taken by the Chief of Mission: None
MEXICO: CASE 8
Months open: 36Return or access: Return
Date of abduction or wrongful retention: 01 Aug 93
Date Hague application filed: 23 Jun 97
Has child been located? Yes
Actions taken by the Department of State to resolve the case:
May 97 - LBP first contacted CI; discussed case.Jun 97 - Partially completed Hague application filed with CA .
Jul 97 - LBP notified of documents still needed .
Sept 97, Dec 97 - LBP requested to submit required documents.
Dec 97 - Query to CA re status of case; requested CA keep file open even though incomplete; no response
Feb 98, Jun 98 - Query to CA re status of case; no response.
Aug 98 - Received additional documents from LBP; translations still needed.
Sept 98 - Query to CA re status of case; no response.
Sept 98 - Received additional documents from LBP.
Oct 98 - Additional documents submitted to CA.
Nov 98 - Received translations from LBP; sent to CA.
Nov 98 - Sent new location information to CA.
Nov 98 - Query to CA re status of case; no response.
Mar 99 - Query to CA re status of case; responded with need for additional documents and translations.
Mar 99 - CA told that documents requested had already been sent, but copies were re-sent.
May 99 - Assistant Secretary of State included case in summary of problem cases presented at Binational meeting.
Aug 99 - Foreign Ministry responded to case summaries presented by Assistant Secretary of State, reporting that case at standstill until original documentation submitted.
Aug 99 - Requested CA to notify as to documents still needed; response included same list as that sent Mar 99, plus one additional document.
Aug 99 - LBP asked to provided documents as requested.
Sept 99 - Assistant Secretary of State discussed case with counterparts at Binational meeting.
Sept 99 - LBP submitted requested documentation; sent to CA.
Sept 99 - Confirmed with CA that file was complete.
Mar 00 - Query to CA re status of case; being processed by CA for submission to court.
Jun 00 - Case again raised by Assistant Secretary of State at Binational meeting.
Actions taken by the Chief of Mission: None
MEXICO: CASE 9
Months Open: 36Return or Access: Return.
Date of abduction or wrongful retention: 21 Mar 97
Date Hague application filed: 23 Jun 97
Has child been located? No
Actions taken by the Department of State to resolve the case:
Jul 97 - Query to CA to verify receipt of original documents.Aug 97 - CA responded that original documents had not been received, only copies.
Aug 97 - Documents sent to CA; notice remainder will be sent.
Oct 97 - CA requested state law on custody and translation.
Nov 97 - Sent requested material to CA.
Feb 98 - Information sent to CA re possible location.
Jan 98 - CA requested documents.
Feb 98 - Material sent; reported translation would be sent.
Mar 98 - Sent translation to CA; notified CA that this should complete all required documentation; sent additional information re possible location.
Jul 98 - Query to CA re status of case; no response.
Oct 98 - Query to CA re status of case; CA again requested translations.
Nov 98 - Sent translations to CA.
Mar 99 - CA again requested translation and clearer photograph of TP.
Apr 99 - Sent CA packet including copies of all material sent to CA from Mar 98 to Mar 99.
Nov 99 - CA requested certified copy custody order and translations.
Jan 00 - Court order received from LBP and sent to CA.
Mar 00 - Discussed case with CA; location of child not yet confirmed.
Actions taken by the Chief of Mission: None.
MEXICO: CASE 10
Months open: 32Return or access: Return
Date of abduction or wrongful retention: 28 Feb 96
Date Hague application filed: 27 Oct 97
Has child been located? Yes
Date and results of first court hearing of Hague case:
Jun 98 - Hague hearing held. Return denied, apparently due to lack of exercise of custody rights.Dates and results of subsequent appeals:
Jul 98 - Ruling appealed.Feb 99 - Appeal won; court ordered remand to lower court for re-hearing because child did not have own legal representation.
Mar 99 - Appealed the remand to lower court; direct order of return of child to U.S. requested.
Feb 00 - Appeal lost; case remanded to lower court to be re-heard once child appointed separate legal representation.
Actions taken by the Department of State to resolve the case:
Aug 96 - Partial Hague application sent to CA.Mar 97 - CA requested translation of documents.
Apr 97 - Translation of some documents sent to CA.
Jun 97 - Query to CA re status of case; provided list of documents needed to complete file.
Jul 97 - Notified LBP of documents needed.
Aug 97 - Query to CA re status of case; case had been forwarded to state court; CA requested to contact state to determine status.
Aug 97 - CA reported that court needed missing documents.
Oct 97 - Required documents sent to CA to send to court.
Jan 98 - Informed CA that LBP was going to be in country.
Mar 98 - LBP reported that state officials still needed documents sent to CA in Oct 97; re-sent documents.
------See above for court hearings during this time period.
Jul 98 - Consulate provided LBP with lawyer's list.
Sept 99 - Consulate requested to conduct welfare/whereabouts. Reports and photos sent to LBP.
Nov 99 - CI and Consulate facilitated visit by LBP with child and communication with TP.
Mar 00 - Discussed case with CA; CA requested psychological evaluation.
Apr 00 - Provided LBP with state-level contacts in law enforcement.
Actions taken by the Chief of Mission: None
MEXICO: CASE 11
Months open: 30Return or access: Return
Date of abduction or wrongful retention: 08 May 97
Date Hague application filed: 17 Dec 97
Has child been located? Yes, but now missing.
Actions taken by the Department of State to resolve the case:
Note: CI has been actively involved with law enforcement efforts from early 1999 to date, developing strategies, and sharing information.
Jul 97 - LBP contacted CI re abduction; options discussed.Sept 97 - Advised LBP to get Article XV determination if Hague application to be pursued.
Nov 97 - Passport hold placed.
Nov 97 - Query to foreign immigration.
Dec 97 - Hague application filed with CA, including Article XV determination.
Feb 98 - Query to CA re status of case, indicating potential flight risk of TP; no response.
Mar 98 - Forwarded information from LBP to consular agent.
Jun 98 - Foreign embassy confirmed, in response to congressional interest, that CA had sent case to appropriate court.
Jun 98 - Query to CA re status of case; no response.
Jun 98 - Request consular agent to confirm submission of case to court.
Jul 98 - Consular agent reported that case had not been sent to court; confirmed that it was still at CA.
Jul 98 - Query to CA re status of case, seeking clarification of conflicting information. CA informed CI that case had been sent to court; judicial authorities were seeking to confirm location; CA agreed to request immediate pick-up of child when located.
Jul 98 - CA requested additional documents.
Aug 98 - CA informed CI that prosecutors had agreed to hasten the processing of the case.
Aug 98 - Additional documents forwarded to CA.
Sept 98 - Queries to CA re status of case; no response.
Oct 98 - Discussed status with CA; again stated case would be dealt with as quickly as possible.
Oct 98 - CA reported that judicial police had not been able to locate.
Nov 98 - Provided CA with all location information available.
Dec 98 - Case moved to family court, accurate address determined.
Dec 98 - Officials attempted to pick-up child, family had gone.
Jan 99, Mar 99 - Query to CA re case status; no response.
May 99 - Case included in summary of problem cases presented by Assistant Secretary of State at Binational meeting.
Jul 99 - Query to CA re case status; child not located.
Aug 99 - Foreign Ministry responded to case summaries presented Assistant Secretary of State; reported that case at standstill until child is located.
Sept 99 - Case discussed by Assistant Secretary of State with counterparts at Binational meeting.
Mar 00 - Discussed case with CA; no progress in locating despite efforts of federal and judicial police.
Jun 00 - Case again raised by Assistant Secretary of State at Binational meeting.
Actions taken by the Chief of Mission: None
MEXICO: CASE 12
Months open: 29Return or access: return
Date of abduction or wrongful retention: 02 Dec 97
Date Hague application filed: 31 Jan 98
Has child been located? No
Actions taken by the Department of State to resolve the case:
Jan 98 - Information re options provided to LBP.Jan 98 - Hague application filed with CA by county District Attorney’s office.