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4. Department of State telegram re exception to two-parent requirement for child's passport in abduction case (November 13, 2002)


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ORIGIN OCS-03

 

R 131338Z NOV 02

FM SECSTATE WASHDC

TO AMEMBASSY DHAKA

 

UNCLAS STATE 228327

 

 SUBJECT: XXX PARENTAL CHILD ABDUCTION: REQUEST FOR POST

ASSISTANCE

 

1.  This is an action request, see paragraphs 3-5.

 

2. Summary: Department wishes to inform post of the impending

travel to Bangladesh of left-behind parent XXXXXX and

requests that post extend all possible assistance to her and

her [American citizen] children.  Department additionally authorizes post to issue passports for the children without the signature of

their father, and requests that post perform an interim welfare check on the children. End Summary.

 

3.   CA/OCS/CI wishes to inform post that left-behind parent

XXXXX intends to travel to Bangladesh to take

physical custody of her children and return to the United

States at the first available opportunity.  Department is

aware of a previous case (XXXXX) in which the left-behind mother obtained the assistance of the Bangladesh National Womens' Lawyers Association (BNWLA), and through them, of the local police, who participated in the retrieval of the children.  Department would appreciate post's assistance in facilitating Mrs. XXXX's contact with

the BNWLA and any other assistance possible within the

parameters of U.S. law.

 

3. Department has reviewed the circumstances of the XXX

case and authorizes post to issue passports for XXX,

XXX, and XXX (Bio data available in reftel) on

the basis of XXX's single signature and without

the approval of the taking parent, XXX.  Mrs.

XXX is currently in possession of a Writ of Attachment

issued by the Dallas County District Court in Texas, ordering

the return of the children to their mother's custody.  In

addition, the children's father is in the United States and

subject to a bond prohibiting his departure pending a hearing

on kidnapping charges.  The court order, Mr. XXX's

present bond status, and the children's current welfare

(reftel) meet the criteria for the exigent circumstances

exception to the two-parent signature requirement.  Post

should issue passports for the three children, provided they

are otherwise qualified.

 

4. In the interim, Department requests post to perform a

telephonic or personal welfare check on the XXX children,

to verify that their location and condition remains the same

as described reftel.  According to Mrs. XXX, her contact

with the children has worsened since Post's visit, and she

has been unable to verify the children's continued presence

at the apartment.

 

5. Department thanks post for continued assistance in this

difficult case.  Please remember to slug all cable responses

for CA/OCS/CI KLFlachsbart, and email a copy to POC Kathryn

Flachsbart.

POWELL

 

 

NNNN

 

                                                                                                              



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