Cases Unresolved After More than 18 Months

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 Issues
CA - Foreign Central Authority
LBP - Left-behind parent
TP - Taking parent

Please note that case summaries below do not include records of Department of State and overseas posts'' frequent, continual conversations and meetings with LBP''s.

AUSTRALIA

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 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 - 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-Feb 00 Strenuous efforts to locate LBP. LBP informed several times of need to provide signed agreement to undertakings in original order for return. LBP responds.
Apr-Jun 00 CA writes with list of welfare concerns regarding child''s return, CI attempts to contact LBP.
Jul 00-Feb 01 CA correspondence with CA and LBP re conditions for TP and child''s return.

Actions taken by the Chief of Mission: None

BAHAMAS CASE 1

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 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 - 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."
Oct 00 Ambassador sent follow-up letter to Bahamian Foreign Minister and Attorney General.
Nov 00 Letter from Consul General to Bahamian Director of Legal Affairs.
Dec 00 Embassy sent Diplomatic Note 271 conveying contact information for US Central Authority and requesting similar information for Bahamian CA. No response to date.
Dec 00 CI sent letter to CA advising of continuing interest in pursuit of Hague Return by LBP, and pointing out recent decisions by other common law countries on the Article 13 defense to return. CA has not begun Hague hearing process. CI forwarded to LBP copy of CA''s letter to CI and information about defenses to Article 13.
Feb 01 Ambassador met with newly appointed Attorney General for the Bahamas and asked for action on the long-standing cases. A letter reiterating these requests followed the meeting. The Attorney General promised to review both cases.

Actions taken by the Chief of Mission: 13 Mar 00 diplomatic note requesting action with this and other long-standing case. 3 Oct 00 letter sent by Ambassador. 4 Dec 00 diplomatic note requesting reliable contact information sent. 22 Feb 01 meeting with new Attorney General, letter from Ambassador.

BAHAMAS CASE 2

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 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 - 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 are now missing. Bahamian social services working to locate them.
Jul 00 CI/Embassy emails, LBP to Embassy for meeting with Consul General.
Oct 00 Ambassador sent follow-up letter to Bahamian Foreign Minister and Attorney General.
Nov 00 Letter from Consul General Ramotowski to Bahamian Director of Legal Affairs.
Dec 00 Embassy sent Diplomatic Note 271 conveying contact information for U.S. Central Authority and requesting similar information for Bahamian CA. No response to date.
Dec 00 CI sent letter to CA pointing out recent decisions by other common law countries on the Article 13 defense to return. CA has not begun Hague hearing process. CI forwarded to LBP''s attorney of record information about defenses to Article 13.

Feb 01 Ambassador met with newly appointed Attorney General for The Bahamas and asked for action on the long-standing cases. A letter reiterating these requests followed the meeting. Attorney General promised to review both cases.

ISRAEL CASE 1

Date of abduction or wrongful retention: 18 Apr 97
Date Hague application filed: 06 Oct 97
Have children been located? No

Date and result of first court hearing of Hague case:
Jan 98 TP did not appear; hearing was adjourned until January 27, 1998.

Date and results of any subsequent hearings.

Jan 98 TP did not appear.
Feb 98 Court granted request from LBP; police ordered to locate children and bring them before the court; efforts to locate failed.
March 98 TP failed to appear. Attorney filed motion requesting permission subpoena relative; court denied request.
Apr 98 Attorney filed request for substitutional service, since location was still unknown.
Jul 98 Court held that service by publication in a daily newspaper would be allowed.
Nov 98 Court ordered children''s return to U.S.
Jan 99 Court issued another order instructing the police to locate the children. Police failed to locate.

If Court ordered return/access, was order enforced?
November 98 Return Order cannot be enforced until the location of the children is known.

List actions taken by the State Department to resolve case:

Note: CI has been actively involved with law enforcement efforts from early on, developing strategies and sharing information.

Nov 97 CA facilitated information exchange between contacts between CA and LBP.
Dec 97 CI confirmed that attorney had filed "Stop Order" with court in Israel to prevent TP and children from departing Israel prior to hearing on Hague Convention Application. CI contacted LBP, stressed that ICA will not forward LBP''s application without responses to Nov 97 request.
Jan 98 CI forwarded responses to ICA; application filed with court. Court ordered police to locate children; directed Chief Welfare Officer to assist police.
Mar 98 CA informed CI that TP failed to appear for hearing. Court ordered police to locate the children and bring them to court.
May-Jul 98 CI requested update from CA; CA provided information on effolrts to locate TP..
Sep 98 CI requested post to attempt to locate children and conduct welfare visit.
Oct 98 CI contacted CA for update and requested summary translation of court decision. Post unable to locate children.
Nov 98 Court issued Order of Return, location still unknown.
Jul 99 CI met with CA in Jerusalem to discuss case.
Aug-Dec 99 CI discussions with CA and law enforcement on steps to locate TP and child.
Jan -Mar 00 CI requested status reports/updates from CA; facilitated law enforcement contacts.
Apr 00 CI worked with LBP and CA on travel plans for LBP if child and TP were located.
May 00 Location efforts failed.
Jun-Jul 00 CI contacted CA with legal inquiries from LBP and forwarded CA responses to LBP.
Jul-Aug 00 CI contacted CA for status of efforts to locate TP and children; reported to LBP.
Feb-Jun 99 CI contacts with law enforcement and CA.
Jul 99 CI met with ICA in Jerusalem to discuss case. CI faxed information to U.S. Embassy to assist in locating children.
Aug-Oct 99 CI contacts with LBP and CA regarding location efforts, possible criminal charges, and possible return arrangements.
Dec 99 CA notified CI criminal complaint filed and warrant issued.
Jan-Mar 00 CI requested and received status reports from CA.
Mar 00 CA informed CI that a special investigation unit was appointed to handle case. CI facilitated law enforcement contacts.
Apr-May 00 CI facilitated contacts between CA and LBP re possible location and reunification.
Jun 00 CI contacted CA with inquiry from LBP regarding enforcement in Israel of Writ of Habeas Corpus issued by U.S. court. CI forwarded response to LBP.
Jul 00 CI contacted CA for status of law enforcement efforts to locate TP and children; report received and status discussed with LBP.
Aug 00 CI contacted LBP with update on efforts to locate TP and children. CI contacted by law enforcement.
Sep 00 CA informed CI about further local law enforcement efforts to locate children.
Oct 00 CI requested CA provide update on police efforts to locate children and if possible, to obtain a law enforcement point of contact for LBP.
Nov-Mar 01 CI assisted LBP efforts to locate photographs.
Jan 01 CI contacted CA for new information; police efforts continue but no leads on location.

Actions taken by the Chief of Mission: None.

ISRAEL CASE 2

Date of abduction or wrongful retention 8 Apr 99
Date Hague application filed 13 Jun 99
Have children been located? Yes

Date and result of first court hearing of Hague case:

Feb 00 First Court Hearing: Allegations of physical abuse made by TP.

Date and results of subsequent hearings.

Mar 00 Preliminary finding - no wrongful taking.
Apr 00 Continuance granted.
May 00 LBP testified.
Jun 00 Arguments from both sides on wrongful taking
Jun 00 Court requests Art.15 determination.
Jun 00 Continuance granted.
Aug 00 Hearing: LBP testimony.
Sep 00 Hearing: TP testimony.
Mar 01 Summations heard.

Actions taken by the State Department to resolve case:

Jun -Sep 99 CI liaison with CA, LBP, U.S. District Attorney''s office, and law enforcement re: Hague application, legal aid, children''s location. CI contacted LBP again and requested proof regarding legal aid qualifications.
Oct -Dec 99 CA contacted CI regarding efforts to locate TP and children. CI coordinated efforts to obtain Israeli attorney for LBP and information on location of TP and child.
Jan - Apr 00 CI coordinated exchange of information between CA and U.S. local authorities regarding physical abuse allegations.
Apr 00 CI requested that CA contact court to seek permission for LBP filing an Art. 15.; court denied stating that LBP had to first prove wrongful taking.
May 00 CI submitted request to NCMEC for assistance regarding LBP''s travel to Israel. CI contacted CA regarding concerns that TP instituted stop order against LBP and court order re LBP child support.
Jun 00 CI forwarded LBP request for phone contact with children. CA informed CI that Court request Art. 15 determination by June 26.
Jul - Oct 00 CI acted as liaison with U.S. and Israeli authorities re Art. 15 Determination. CA informed CI that Court scheduled 5 day hearing in August and requested LBP be present. CI coordinated arrangements, including funding, for LBP''s August trip to Israel.
Nov -Dec 00 CI provided names of Hague experts and assisted authorities in Art. 15 proceedings.
Jan 01 CI forwarded to CA Art. 15 Determination from U.S. court
Feb 01 CA informed CI that Court set March 1 deadline for presenting summations.
Mar 01 CI contacted CA for update on case.

Actions taken by the Chief of Mission: None.

MEXICO CASE 1

Date of abduction or wrongful retention: 07 May 93
Date Hague application filed: 13 May 94
Has child been located? Yes
Date child was located: 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 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.
Sep 97 Query to CA re cps visit.
Sep 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.
Sep 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.
Jul 00 Query to CA re status of case; checking with state court re status.
Aug 00 Embassy discussed voluntary return with relatives.
Oct 00 Query to CA re status of case; no response received from state court.
Oct 00 Embassy follow-up on earlier discussions with family; family now reluctant to consider.
Dec 01 Embassy follow-up on earlier discussions with family.
Jan 01 Query to CA re status of case; no response received from state court.

Actions taken by the Chief of Mission:

Feb 01 Chief of Mission discussed case with Foreign Ministry Under Secretary.

MEXICO CASE 2

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.
Sep 98* Appeal filed on denial of request to add information to case.
Dec 00** Appeal (Mar 97) denied. TP immediately filed request that denial be reviewed, first step for higher court appeal of denial.

* Dates approximate; information obtained by CI in Nov 98.
** Date approximate; information obtained by CI in Feb 01.

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.

Actions taken by the Department of State to resolve 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.
Sep 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 included 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.
Sep 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.
Jul 00 Requested assistance from US state Attorney General office to determine if children had actually been returned to US.
Jul 00 Requested CA determine court status of appeal; CA said they would check; no report received.
Sep 00 State Attorney General forwarded locate request to appropriate law enforcement agency.
Oct 00 Requested CA determine court status of appeal; appeal still in place against case, with no apparent progress in resolution.
Nov 00 Requested CA determine court status of appeal; CA said they would check; no report received.
Dec 00 Requested CA determine court status of appeal; appeal still in place against case.
Jan 01 Contacted LEGAT re possible attempts to locate children.

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.
May 99 Chief of Mission and Assistant Secretary raised case at Binational meeting.
Sep 99 Chief of Mission and Assistant Secretary raised case at working group follow-up to Binational meeting.
Jun 99 Chief of Mission and Assistant Secretary raised case at Binational meeting.
Feb 01 Chief of Mission discussed case with Foreign Ministry Under Secretary.

MEXICO CASE 3

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 Department of State to resolve case:

Aug 97 Confirmed for CA that LBP was still interested in pursuing return case; reported to LBP that CA needed additional documents.
Sep 97 Provided confirmed location information to CA.
Sep 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.
Sep 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.
Apr 00 Discussed alternate options for return with LBP.
May 00, Jul 00, Sep 00, Jan 01
Query to CA re what documents still needed; CA has had no response from state court.

Actions taken by the Chief of Mission:
Feb 01 Chief of Mission discussed case with Foreign Ministry Under Secretary.

MEXICO CASE 4

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 case:

Jul 97 Query to CA to verify receipt of documents.
Aug 97 CA responded original documents not received.
Aug 97 Documents sent to CA; notice remainder to follow.
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, Jun 00, Sep 00
Discussed case with CA; location of child not yet confirmed.
Oct 00 LBP indicated more information re location might be available and ould be sent to CI.
Nov 00, Jan 01
Requested additional location information from LBP.
Feb 01 Discussed case with CA; location of child not yet confirmed.

Actions taken by the Chief of Mission:

Feb 01 Chief of Mission discussed case with Foreign Ministry Under Secretary.

MEXICO CASE 5

Date of abduction or wrongful retention: 01 Aug 93
Date Hague application filed: 23 Jun 97
Has child been located? No
Actions taken by the Department of State to resolve case:

May 97 BP first contacted CI; discussed case.
Jun 97 Partially completed Hague application filed with CA .
Jul 97 LBP notified of documents still needed.
Sep 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.
Sep 98 Query to CA re status of case; no response.
Sep 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.
Sep 99 Assistant Secretary of State discussed case with counterparts at Binational meeting.
Sep 99 LBP submitted requested documentation; sent to CA.
Sep 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.
Jun 00 Additional information re location of children provided to CA.
Aug 00 CA reported it was attempting to confirm location of children.
Sep 00, Dec 00
Query to CA re status of case; location of children not yet confirmed.

Actions taken by the Chief of Mission:

May 99 Chief of Mission and Assistant Secretary raised case at Binational meeting.
Sep 99 Chief of Mission and Assistant Secretary raised case at working group follow-up to Binational meeting.
Jun 99 Chief of Mission and Assistant Secretary raised case at Binational meeting.
Feb 01 Chief of Mission discussed case with Foreign Ministry Under Secretary.

MEXICO CASE 6

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 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.
Sep 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.
Jun 00 Discussed case with CA; state court has not moved forward with psychological evaluation or scheduling new hearing.
Oct 00 Discussed with LBP need for LBP''s private attorney to work with court re scheduling new hearing date.
Nov 00, Jan 01
Discussed case with CA; state court has not moved forward with psychological evaluation or scheduling new hearing.

Actions taken by the Chief of Mission:

Feb 01 Chief of Mission discussed case with Foreign
Ministry Under Secretary.

MEXICO CASE 7

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 case:
Jan 98 Information re options provided to LBP.
Jan 98 Hague application filed with CA by county District Attorney''s office.
Mar 98 Spoke with DA''s office re case; DA''s office told by CA that case had gone to judge.
Apr 98 Query to CA re case status and whether it has been sent to court; no response.
May 98 CA notified that scheduled pick-up order for child did not occur; requested translations; request forwarded to DA''s office.
Jun 98 CA notified DA''s office child not at stated address.
Aug 98 Query to CA re case status of case; no response.
Sep 98 Discussed case with CA; alternative address provided.
Oct 98 CI notified by CA police attempting to locate child.
Nov 98 Notified CA likely location of TP and child on specific day.
Jan 99 Query to CA re case status; no response.
Feb 99 CA informed CI that case has been sent to a judge based on possible address, but no action can be taken by judge until location is confirmed.
Apr 99 Query to CA re case status; no response
Aug 99 Met with LBP to discuss status of case; what can be done to pressure re locating.
Sep 99 CA requested to conduct after hours search at possible address; agreed to do so.
Oct 99 CA reported unable to locate child.
Nov 99 Discussion with CA re location efforts.
Dec 99 CA reported unable to locate child.
Feb 00 LBP provided information on new possible location; information forwarded to CA.
Mar 00, Sep 00, Jan 01
CA reported unable to locate child.

Actions taken by the Chief of Mission:
Feb 01 Chief of Mission discussed case with Foreign Ministry Under Secretary.

MEXICO CASE 8

Date of abduction or wrongful retention: 11 Jan 98
Date Hague application filed: 24 Feb 98
Has child been located? No

Date and results of first court hearing of Hague case:

Apr 98 Judge ordered federal police to locate.

Date and results of subsequent appeals:

May 98 Judge ordered judicial police to assist in location efforts.
Jul 98 TP notified re Hague application and pending hearing.
Jul 98 TP filed appeal blocking actions of CA.
Aug 00 Appeal denied and Hague hearing for return held.
Oct 00 Return denied; LBP filed appeal
Feb 01 Appeal denied (non-return order upheld); LBP filed second-level appeal

Actions taken by the Department of State to resolve case:

Note: Throughout Feb 98 - Oct 98, CI worked with local police, FBI and Embassy Legal Attaché.

Feb 98 Contacted by congressional office re abduction; information sent to LBP.
Feb 98 Discussed case with local police and FBI re filing criminal charges.
Mar 98 Foreign embassy called CI re case; foreign embassy responding to U.S. congressional interest.
Mar 98 CA sent case to judge.
Apr 98 CI notified by CA that TP and child not at address.
Jun 98 Discussed case with Hague Permanent Bureau representative re LBP complaint. Permanent Bureau asked CA for assurance that case was being handled in accordance with Hague procedures.
Jun 98 CI sent CA new information on child''s possible location.
Jul 98 Consulate requested to attempt welfare/whereabouts visit.
Jul 98 Query re case status sent to CA; no response.
Aug 98 Law enforcement reported child may have been located, informed CA; also reports that TP filed some "papers"; query to CA re papers filed and case status.
Sep 98 Query to CA re case status; no response.
Oct 98 Discussed case with CA; told of above court sequence for first time.
Oct 98 CA notified CI of inability to locate child; CI sent query as to how that is possible with recent judicial action by TP.
Nov 98 LBP asked Embassy to request welfare/whereabouts visit.
Mar 99 Welfare/whereabouts visit refused by relative.
Jan 99 Called CA for case status report; no answer.
May 99 Called CA to discuss case.
May 99 Case included in summary of problem cases presented by Assistant Secretary of State at Binational meeting.
Jun 99 Forwarded updated location information to CA.
Aug 99 Foreign Ministry responded to case summaries presented by Assistant Secretary of State; reported that case at standstill until appeal is resolved.
Sep 99 Case discussed by Assistant Secretary of State with counterparts at Binational meeting.
Feb 00 Updated location information passed to CA. LBP declined attempt at welfare/whereabouts.
Mar 00 Discussed case with supervisor of CA director.
Jun 00 Case again raised by Assistant Secretary of Binational meeting.
Jul 00 Worked with US state prosecutor to ensure that child remained in NCIC system.
------ See above for summary of court actions during the following period.
Aug 00 Discussed possible welfare visit by Embassy staff with LBP; LPB agreed that attempt should be made.
Aug 00 Notified LBP of plans for hearing on case; provided lawyer information; provided general information re court and legal system to LBP; welfare visit put on hold at request of LBP.
Aug 00 Discussed upcoming hearing with supervisor of CA.
Sep 00 Worked with LBP to determine documents requested by LBP''s attorney and explained process re document authentication.
Oct 00 Discussed with LBP and attorney documentation of citizenship needed if return of child is ordered.
Dec 00 Worked with LBP to provided additional documents as requested by attorney.
Jan 01 Contacted CA supervisor to express continued interest in the case and a resolution in accord with Convention requirements.
Feb 01 Wrote to LBP''s attoney to express continued interest in the case and a resolution in accord with Convention requirements.

Actions taken by the Chief of Mission:

MEXICO CASE 9

Date of abduction or wrongful retention: 09 Feb 97
Date Hague application filed: 28 Jun 98
Has child been located? No

Actions taken by the Department of State to resolve case:

Jun 97 Received Hague application, without supporting documents, from county District Attorney (DA)''s office.
Jul 97, Sep 97, Apr 98
Contacted DA re additional documents needed.
Jun 98 Received complete application; filed with CA.
Jul 99 Confirmed with DA''s office that no new information re location or case status was available.
Nov 99 Provided CA new information re aliases and additional information re possible location.
Mar 00 Query to CA re status of case; location still unconfirmed.
Jun 00 Query to CA re status of case; location still unconfirmed.
Sep 00 CA informed CI that the Federal Police had not been able to locate children at the possible addresses provided and requested any additional location information available.
Oct 00 LBP and US District Attorney''s office (working on case with LBP) contacted re any additional information; no response received.
Jan 01 Query to CA re status of case; location still unconfirmed.

Actions taken by the Chief of Mission:

Feb 01 Chief of Mission discussed case with Foreign Ministry Under Secretary.

MEXICO CASE 10

Date of abduction or wrongful retention: 23 May 98
Date Hague application filed: 13 Jul 98
Has child been located? Yes

Actions taken by the Department of State to resolve case:

Jul 98 Filed Hague application (submitted by county District Attorney''s office) with CA.
Jul 98 Provided CA new location information from LBP.
Oct 98 Query to CA re status of case; no response.
Jan 99 Case submitted to court. Court requested notarized copies of documents from DA''s office; submitted.
Feb 99 Court asked DA''s office for proof of signature of foreign authority that had signed Hague treaty.
Mar 99 Protested to CA re Jan and Feb requests from court as being outside scope of Hague requirements; requested CA inform judge as to appropriate procedures. No response.
Jul 99, Sep 99
Query to CA re status of case; no response.
Mar 00, Jul 00, Oct 00, Jan 01
Query to CA re status of case. Case with judge; no progress noted.

Actions taken by the Chief of Mission:

Feb 01 Chief of Mission discussed case with Foreign Ministry Under Secretary.

MEXICO CASE 11

Date of abduction or wrongful retention: 01 Aug 96
Date Hague application filed: 30 Jul 98
Has child been located? No

Actions taken by the Department of State to resolve case:

May 98 CI provided information to LBP on options available, including possible problems with Hague application
Jul 98 Hague application filed with CA.
Nov 98 CA requested additional documents.
Jan 99 Documents sent to CA. Case status update requested; no response.
Apr 99, Jul 99
Query to CA re status of case; no response.
Sep 99 Discussed case with CA; unable to locate.
Oct 99 Request from LBP for welfare/whereabouts visit sent to Consulate.
Nov 99 Consulate attempted welfare/whereabouts visit based on information from LBP; unable to locate.
Jan 00 Consulate attempts to locate unsuccessful.
Mar 00 Discussed case with CA; child not located.
Apr 00, Jun 00, Jul 00
Consulate attempts to locate unsuccessful.
Aug 00 Discussed case with CA; child not located.
Sep 00 Consulate sent letter to possible business address connected to family to assist in locating child; no response
Oct 00, Jan 01
Discussed case with CA; child not located.

Actions taken by the Chief of Mission:

Feb 01 Chief of Mission discussed case with Foreign Ministry Under Secretary.

MEXICO CASE 12

Date of abduction or wrongful retention: 02 Feb 97
Date Hague application filed: 28 Oct 98
Has child been located: No

Date and results of first court hearing of Hague case:

Apr 99 Hearing scheduled; per LBP request, postponed until May 99.
Jun 99 No decision made. TP did not appear in court with child due to problem with pick-up of child prior to hearing.

Date and results of subsequent appeals

Aug 99 TP filed appeal against further court action; CA and CI not notified by judge until Feb 00.

Actions taken by the Department of State to resolve case:

Aug 98 LBP contacted Consulate re conducting a welfare/whereabouts visit.
Oct 98 LBP filed Hague application with CA via state District Attorney (DA) ''s office.
Jan 99 Served as liaison between LBP and DA''s office.
Jan 99 Assisted LBP in arranging visitation with TP; monitored first visit; TP agreed to weekly visitation.
Feb 99 Consulate and LBP discussed alternative court methods to proceed with case.
Mar 99 Discussed with DA ways to move case forward.
Mar 99 CA informed CI that case had been sent to state court; LBP notified.
Mar 99 Per LBP, TP cut off visitation; discussed alternative.
Apr 99 CA notified CI hearing to be held 4/99; LBP notified.
------ See above for sequence of court hearings during this time period.
Jul 99 Query to CA re status of case; no response.
Jul 99 Query to CA for clarification of issues raised in hearing (pick-up of children and qualifications of judge); no response.
Oct 99 Query to CA re status; child not located. Asked re issues raised in Jul faxes; CA discussed pick-up order problem with judge.
Feb 00 CA notified DA''s office that appeal was filed against case in Aug 99; judge just notified CA.
Mar 00 Discussed appeal with DA''s office.
Jul 00 Discussed possible welfare/whereabouts visit by Consulate, if location can be determined; LBP agrees that visit should be made if possible.
Aug 00 Consulate reported success in obtaining name of TP''s attorney who had filed appeal in case; also reported that attempts to contact TP and locate child via this attorney were unsuccessful.
Sep 00 Discussed status of appeal with CA; no change.
Nov 00 Consulate again unsuccessful in attempts to locate child and conduct visit.
Jan 00 Discussed status of appeal with CA; no change.

Actions taken by the Chief of Mission:

Feb 01 Chief of Mission discussed case with Foreign Ministry Under Secretary.

MEXICO CASE 13

Date of abduction or wrongful retention: 25 Sep 98
Date Hague application filed: 04 Feb 99
Has child been located? No

Actions taken by the Department of State to resolve case:

Oct 98 LPB contacted CI to report child taken; information provided re options available.
Dec 98 Consulate requested to attempt welfare/whereabout visit.
Jan 99 Consulate reported attempts at welfare/whereabout visit via cps offices; no evidence of child or TP found at addresses provided; grandparents report that child and TP are in U.S.
Feb 99 Hague application forwarded to CA
Mar 99 CA requested additional documentation for Hague application; copies of requested documents sent.
Jun 99 Discussed additional location information, ways to get more information with LBP.
Oct 99 CA requested additional location information; none available to provide.
Jan 00 Requested CA to have federal police re-interview grandparents re location of child.
Apr 00 CA reported that no new information re location has been obtained by police.
Oct 00, Jan 01
CA queried re location of child; no new information.

Actions taken by the Chief of Mission:

Feb 01 Chief of Mission discussed problems caused by not locating child with Foreign Ministry Under Secretary.

MEXICO CASE 14

Date of abduction or wrongful retention: 27 Feb 97
Date Hague application filed: 19 Feb 99
Has child been located? No

Actions taken by the Department of State to resolve case:

Jun 99 CI contacted by District Attorney''s office re Hague application they had filed directly with CA. [Note: DA''s office to do follow-up work on case at their request; will involve CI as needed.]
Jul 99 CA queried re case status; no response.
Apr 00, Oct 00, Jan 01
CA queried re case status; children not located.

Actions taken by the Chief of Mission:

Feb 01 Chief of Mission discussed problems caused by not locating children with Foreign Ministry Under Secretary.

MEXICO CASE 15

Date of abduction or wrongful retention: 15 Dec 98
Date Hague application filed: 08 Mar 99
Has child been located? No

Actions taken by the Department of State to resolve case:

Feb 99 CI received fax of partial Hague application from LBP; contacted LBP and discussed requirements.
Mar 99 Hague application forwarded to CA.
Apr 99 Additional material forwarded to CA.
Jun 99 Forwarded to CA TP''s new work location.
Jul 99 Consulate confirmed TP no longer working at reported place of employment.
Jul 99 Supplementary documentation for Hague application forwarded to CA.
Oct 99, Mar 00
CA queried re status; child not located.
Apr 00 Obtained possible location information from Consulate; forwarded to CA.
Jun 00 Provided Apr 00 possible location information to state law enforcement officer per official request.
Aug 00 Consulate confirmed TP still working at Apr 00 reported place of employment; information forwarded to CA.
Nov 00, Feb 01
CA queried re status; child not located.

Actions taken by the Chief of Mission:

Feb 01 Chief of Mission discussed problems caused by not locating child with Foreign Ministry Under Secretary.

MEXICO CASE 16

Date of abduction or wrongful retention: 01 Sep 98
Date Hague application filed: 03 May 99
Has child been located? No

Actions taken by the Department of State to resolve case:

Apr 99 Received partial Hague application from LBP; contacted and discussed requirements.
May 99 Discussed welfare/whereabouts visit with LBP; at his request, no visit will be attempted.
Jun 99 CA queried re case status; no response.
Oct 99 LBP reported that TP appeared at US court divorce/custody hearing, wanted TP intercepted on next entry into US; referred LBP to INS and law enforcement authorities.
Oct 99, Jan 00, Mar 00
CA queried re case status; children not located.
Jun 00 Contacted CA re location information provided by LBP; CA reported that federal police have not confirmed the location of the children at the indicated addresses/houses.
Aug 00 LBP confirmed first-hand knowledge of location of children; information forwarded to CA.
Oct 00, Jan 01
CA queried re case status; children not located.

Actions taken by the Chief of Mission:

Feb 01 Chief of Mission discussed problems caused by not locating children with Foreign Ministry Under Secretary.

MEXICO CASE 17

Date of abduction or wrongful retention: 25 Jul 98
Date Hague application filed: 15 Jun 99
Has child been located? No

Actions taken by the Department of State to resolve case:

Feb 99 CI contacted by local police (PD) re wrongful removal of child; TP has left, grandparents have filed for custody of child; provided information re options.
Apr 99 Partial Hague application received; contacted PD and discussed requirements.
May 99 Contacted PD re need for translations of documents.
Jun 99 Completed application forwarded to CA.
Aug 99 State District Attorney contacted CI with additional information on child''s family; information forwarded to CA.
Oct 99 Confirmed with CA that application complete; child not located.
Feb 00 LBP called re new possible location for child, provided phone number; number forwarded to CA.
Apr 00 CA queried re status of case; child not located.
Apr 00 New location information provided by LBP; forwarded to CA.
Jul 00, Oct 00, Jan 01
CA queried re status of case; child not located.

Actions taken by the Chief of Mission:

Feb 01 Chief of Mission discussed problems caused by not locating child with Foreign Ministry Under Secretary.

MEXICO CASE 18

Date of abduction or wrongful retention: 10 Oct 98
Date Hague application filed: 17 May 99
Has child been located? No

Actions taken by the Department of State to resolve case:

Jun 99 CI contacted by District Attorney''s office re Hague application they had filed directly with CA. [Note: DA''s office will do follow-up work on case at their request; will involve CI as needed.]
Jul 99 CA queried re case status; no response.
Apr 00, Oct 00, Jan 01
CA queried re case status; children not located.

Actions taken by the Chief of Mission:

Feb 01 Chief of Mission discussed problems caused by not locating child with Foreign Ministry Under Secretary.

POLAND CASE 1

Date of abduction or wrongful retention: 24 Aug 98
Date Hague application filed: 15 Jan 99
Has child been located? Yes

Date and results of first court hearing of Hague case:

Mar 99,Jun 99 District Court denied application for return.

Dates and results of subsequent appeals:

(Date unknown) Appeal filed.
Oct 99 Appeals hearing scheduled.
Jan 00 Appeals court upheld lower court denial of return.
Sep 00 Supreme Court makes verbal ruling reversing January decision.
Jan 01 District Court hearing.

Actions taken by the Department of State to resolve case:

Jul, Aug, Sep 99 Faxes CA, calling their attention to error in Polish translation of the Convention. No response.
Oct 99 Called the error in translation to the attention of the Hague Permanent Bureau; CA acknowledges error and initiates correction.
Jan 00 CA notified CI that appeals court upheld lower court denial of return.
April 00 Asked LBP if appeal would be filed with Supreme Court; no response.
Oct 00 CI requests status report from CA; CA provides information regarding January 20001 hearing.

Actions taken by Chief of Mission: None.

POLAND CASE 2

Date of abduction or wrongful retention: Nov 98
Date Hague application filed: 3 Aug 99
Has child been located? Yes

Date of and results of first court hearing of Hague case:

Oct 99 Court of First Instance ordered return.

Date and results of subsequent appeals:

Apr 00 Appeals Court overturned Regional Court decision to return. Case returned to Regional Court for readjudication; next hearing on 6/00.

Mar 01 Hearing scheduled 01 Mar; rescheduled for 26 Mar.

Actions taken by the Department of State to resolve case:

Aug-Sep 99 Transmitted faxes between LPB and CA re status, selection of Polish attorney, hearings, Polish procedures and legislation.
Sep 99 CA fax requesting LBP confirm receipt of notification of hearing date.
Sep 99 CA fax conveying hearing results.
Dec 99 Fax from CA; TP has appealed decision; no court date set by Court of Appeals.
Feb 00 Fax from CA; Appeals Court hearing 3/8/00.
Feb 00 Fax from CA; hearing on 3/8 postponed; next hearing scheduled for 4/11/00.
May 00 Fax from CA re Appeals Court decision.
Jul 00 Fax from CA; Regional Court asking for "social situation" of children in U.S. Fax to CA asking what kind of information is needed and who should provide.
Jul 00 Faxed letter from LBP expressing frustration.
Jul 00 Fax from CA; request for home study or CI endorsement of neighbor''s affidavits.
Oct 00 Forwarded CA response re neighbor affidavits to LBP.
Dec 00 Forwarded LBP affidavits and translations to CA.
Feb-Mar 01 Forwarded LBP correspondence re psychological testing to CA and Court.

Actions taken by the Chief of Mission: None.

SOUTH AFRICA

Date of abduction or wrongful retention: 11 May 98
Date Hague application filed: 29 Dec 98
Has child been located? Yes
Date and results of first court hearing of Hague case:

No hearing scheduled.

Actions taken by the State Department to resolve case:

May 98 - present CI requested status and updates by fax and letter to CA. Discussed possible actions with local district attorney.

Mar 00 CI requests U.S. Embassy to approach CA on logistical deficiencies and implementing defects. CI spoken to District Attorney who promised to take legal action on case.

Actions taken by Chief of Mission: None.

SPAIN CASE 1

Date of abduction or wrongful retention: 01 Mar 95
Date Hague application filed: 12 Jun 95
Has child been located? Yes (But subsequently missing)
Date and results of first court hearing of Hague case:

Feb 96 Lower court ordered return.

Date and results of subsequent appeals:

Jun 96 Appeals court upheld decision for return made by lower court.
Jul 99 TP''s most recent motion to vacate judgement rejected. Order to return has not been enforced.

Actions taken by the Department of State to resolve case:

June 95 - Jan 01 Requested status update from CA on efforts to locate child. CI and Embassy provided information regarding whereabouts, in order for pick up to accomplished per court order.
Jan 01 Sent letter to CA asking for prompt action to resolve case. Noted failure of Spanish authorities to return child despite indications that mother''s location known at various times in the past five years.
Feb-Mar 01 Post officials conferred with Spanish authorities to discuss stronger measures to locate child and enforce return order.

Actions taken by the Chief of Mission: None.

SPAIN CASE 2

Date of abduction or wrongful retention: 08 Dec 96
Date Hague application filed: 29 Jan 97
Has child been located? Yes (But subsequently missing)
Date and results of first court hearing of Hague case:

May 98 Lower court denies petition for return.

Date and results of subsequent appeals:

Oct 99 Appeals court overturns lower court decision and ordered return.

Actions taken by the Department of State to resolve case:

Jan 97 - Oct 99 Assisted LBP in preparation and submission of Hague application. Followed up with CA, obtaining status updates on court proceedings and decisions. Provided LBP and CA with translation of key legal documents.
Oct 99 - July 00 CI and Embassy assisted LBP with coordination and arrangements to recover child and return to the United States. (TP did not appear in Spanish Court for ordered Jul 7 2000 turnover of child.)
July 00 - Jan 01 Asked CA for status reports on attempts to locate child. CI case officer met in Washington DC with CA director to press for action on case and other unresolved Spain cases.
Jan 01 Sent letter to CA asking for prompt action to resolve case. Provided CA with LBP''s best estimate of where child was located (Spanish police later reported TP and child not found at that location.)
Feb 01 U.S. Embassy officers met with CA regarding case.
Mar 01 Post officials conferred with Spanish authorities to discuss stronger measures to locate child and enforce return order.

Actions taken by the Chief of Mission: None.

SWITZERLAND

Date of abduction or wrongful retention: Sep 96
Date Hague application filed: 01 Oct 96
Has child been located? Yes

Date and results of first court hearing of Hague case:

Jul 97 Court ordered return to U.S.

Date and results of subsequent appeals:

Jul 97-present Numerous appeals and decisions in federal and cantonal courts. No resolution.
Mar 01 Embassy informed Aargau cantonal court, slated to rule on LBP''s appeal of canton''s order of non-return, likely to reach a decision in Apr 01.

Actions taken by the Department of State to resolve case:

May 97 Sent status check request to CA.
Jul 97 Faxed inquiry to CA, asking whether TP aware of return order. CA responded TP''s attorney of town but will check when attorney returns.
Aug 97 CA provided TP''s response to LBP concerns. CA reported TP lost appeal; return order valid.
Aug 97 CI forwarded to CA LBP''s questions about picking up child.
Sep 97 CA requested information on a U.S. court proceeding.
Sep 97 CA faxed status report; working with local law enforcement on return.
Oct 97 CA reported LBP pick up unsuccessful.
Oct 97 CA reported LBP''s attorney working with local law enforcement. CA also spoke to local officials about Hague and custody issues. CA requested information re post-return situation in U.S.
Jul, Aug 98 Requested updates. CA responded appeal pending, therefore no execution of order.
Oct 98 Fax to CA requesting update.
Oct 98 Received fax from CA advising that Supreme Court rejected TP''s appeal and decided in LBP''s favor. Question now is enforcement.
Nov 98 Faxed CA asking for update on progress and timing of enforcement.
Nov 98 CA faxed status report; LBP motion to declare return decree enforceable and order measures to enforce will be filed in local court.
Dec 98 CI requested information from CA about obstacles to judicial action.
Dec 98 CA reported case settled but arrangements are needed to ensure the child''s safe return. Concerned whether LBP would travel to pick up child.
Jan 99 CI conveyed LBP''s concerns about traveling again.
Feb 99 Faxed CA asking about LBP''s travel. Also inquired whether judge in enforcement case had withdrawn because of conflict of interest.
Mar 99 Jurisdiction transferred to different court.
Jun 99 CI requests update on enforcement of return order. CA responds.
Aug 99 CI requests update.
Sep 99 CA informs CI that court ordered child''s examination by psychiatrist.
Sep 99 - Jul 00 CA and CI communicate; no change in case status.
Jul 00 Court receives expert opinion that child not be returned to U.S.
Nov 00 Swiss Court denies enforcement of return order. Applicant''s lawyer appeals. Ambassador makes demarche.
Feb -Mar 01 Embassy requests hearing status from CA; ruling antitpated Apr 01.

Actions taken by Chief of Mission: In October 1999, Charge d''Affaires raised case with highest non-elected children''s issues official. In November 2000, Ambassador and Consul General delivered demarche to Minister of Justice.

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Cases Unresolved After More than 18 Months

ATTACHMENT "A"

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