Editorial: Putting kids first in custody battles

Wednesday, May 20, 1998 | 10:54 a.m.

NESTLED in an immigration bill that passed the Senate on Monday is an important provision that should prevent the horror experienced by a Henderson family.

In 1993, Barbara and Fred Spierer's 6-year-old son, Mikey, was kidnapped by his birth father and taken to his homeland in war-torn Croatia. Only after traveling to Croatia, and negotiating with officials there, were his parents able to secure his release and bring him back to the United States.

Under the legislation authored by Sen. Harry Reid, D-Nev., the consent of both parents is required before a child under the age of 16 can be given a U.S. passport. And if the parents are divorced, the application would need to be signed by the parent who has primary custody. If these provisions had been law, it would have been difficult for Mikey Kale to have been taken out of the country.

Reid noted that more than 1,000 children every year are abducted by a parent and taken overseas. Once a child is taken from the United States, it is often impossible to get the child returned to this nation because most countries don't recognize U.S. custody orders.

Even in the face of resistance from the State Department, Reid has fought doggedly for passage of the legislation. His amendment received support Monday from both sides of the aisle, according to the Sun's Washington correspondent, Mark D. Preston.

"I think the senator made a strong case," Sen. Edward Kennedy, D-Mass., said after Reid's speech on the Senate floor. "I think he's identified a very important issue." Added Sen. Spencer Abraham, R-Mich., "I believe the concerns (Reid) raised here are very important ones that need to be addressed."

A similar effort by Reid during the 104th Congress was halted during a congressional conference because no similar legislation had moved through the House. While Reid won an important victory in the Senate this week, there is still much work to be done, as the legislation goes on its way to the House.

One of a parent's greatest fears is having a child taken away. The House should follow the Senate's lead and end this loophole in immigration law that has torn apart thousands of families.