BILL REQ. #: H-0087.1
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HOUSE BILL 1021
_____________________________________________| State of Washington | 63rd Legislature | 2013 Regular Session |
By Representative HalerPrefiled 12/17/12. Read first time 01/14/13. Referred to Committee on Judiciary.
AN ACT Relating to educating parents of the harmful effects of
parental abduction; and adding a new section to chapter 26.09 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 26.09 RCW
to read as follows:
Any party who files for legal separation or dissolution where the
custody or care of a minor child is at issue or in dispute must be
provided by the court where the petition is filed a separate pamphlet
providing the information below regarding the harmful effects of
parental abduction. Each party must certify in any parenting plan
regarding the minor child that he or she has been provided and has read
the following information:
PAMPHLET REGARDING THE HARMFUL EFFECTS OF PARENTAL ABDUCTION IN
CHILD CUSTODY CASES
Child custody disputes can sometimes lead one parent or the other
to abduct one or more of their children. Each year approximately two
hundred fifty thousand children in the United States are abducted by a
noncustodial or custodial parent in violation of the law.
Child abduction, including abduction by a parent, commonly leads to
growing fear, confusion, and general mistrust on the part of the child.
Parental abduction means a loss of the parent left behind, extended
family, friends, pets, community, and familiar surroundings that
provide children with a sense of security and well-being. Such losses
may be very traumatic for a child leading to long-term, adverse effects
as the child grows.
Given the need to maintain secrecy by the abducting parent,
children who are parentally abducted often:
(1) Fail to receive an adequate education;
(2) Fail to receive adequate medical care;
(3) Live in substandard housing;
(4) Are told the parent left behind is a bad person, does not want
the child, or is deceased;
(5) Are instructed to lie to remain anonymous and hidden;
(6) Are fearful of leaving their residence;
(7) Are fearful of encountering law enforcement and other security
personnel.
If and when returned, abducted children often live in apprehension
of being abducted again. Just as abused children may identify with and
seek the approval of their abuser, abducted children may do the same
with their abductor. Once returned the child may feel anger and
resentment at the parent who was left behind because the child now does
not have visitation or communication with the abducting parent.
The returned child may suffer loyalty conflicts, emotional
detachment, and feelings of betrayal by providing information about the
abducting parent who broke the law. An inability to trust adults in
general can hinder the child's ability to form lasting relationships
even long into adulthood.
If the child is very young when abducted and is returned as an
older child, the child may suffer serious negative emotional effects
because the child feels as if he or she is returned to a stranger and
therefore the return to the parent who was originally left behind seems
like an abduction itself.
Parents need to understand that even though their relationship with
each other may be strained or even toxic, their children often have a
strong, loving, trusting relationship with both parents.
A parent who is considering abducting his or her child should know
and understand the potential short-term and long-term traumatic impacts
that parental abduction has on a child and consider only those actions
that will be lawful and will contribute to the child's best interests.
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