Proposed by a father currently fighting for his own child's return, the new "Emily's Law" would allow airport security the ability to access the national database of abducted children, thereby helping to prevent a single parent from taking a child - in violation of custody agreements - out of the country, as reported by the East Valley Tribune.
The new law would also allow for a broader access of information on abducted children - much like the database used by the National Crime Information Center.
M.S., the San Tan Valley father at the helm of the proposed law, wants airport personnel to have the ability to check if a single parent has the right to remove a child from the country, without violating a current child custody order.
He is hoping that the law will allow airport security to be alerted before an abducted child proceeds to board an airplane - and a possible international flight.
N.M., M.S.'s estranged girlfriend, took their daughter Emily to Brazil in 2008. Unbeknownst to airport personnel, was that N.M. did not have full custodial rights. N.M., living in Illinois illegally and involved in a custody battle with M.S., thought her rights would be better protected in her homeland.
M.S., with the help of the State Department, was reunited with Emily, now six years old, just this past August in Brazil.
A Brazilian court arranged a custody agreement giving M.S. visitation.
While M.S. waits to see Emily next, he has used his time to work on the new law. He has garnered over 1,200 signatures for a petition at www.bringemilyhome.org.
Of his efforts so far, M.S. said, "I think it's progressing pretty good. Within the last couple of months, it looks like people think it's a really good idea. We know that it's not going to happen overnight, but it's moving forward."
The young father, 25, has met with U.S. Rep. Jan Schakowsky, D-Ill. and Sen. Dick Durbin, D-Ill., to seek their support of his efforts. He has also gained the endorsement of Nashville, Tenn.'s National Fraternal Order of Police.
Schakowsky's spokeswoman, Adjoa Adofo, told the Tribune, "We need to see whether the current protocols in place involving estranged or divorced parents traveling with their children just needs to be enforced, or if new provisions need to be put in place. A passport for Emily...should not have been granted without the consent of both parents, and that's what happened in that case. We're looking into how that happened."
In Illinois, M.S. was given visitation every other weekend and two days every week.
When he arrived at N.M.'s apartment to collect Emily for a visit in March of 2008, he found it emptied - not a thing was left behind save a note, written by N.M. announcing that she had taken their daughter and left.
In September 2010 Interpol was able to confirm that Emily was in Brazil with M.S.'s estranged girlfriend. In a letter, Interpol informed M.S. that they had checked on the child's welfare.
By October 2010 N.M. allowed M.S. a visit. After that, with intervention from the State Department and the Brazilian Central Authority, M.S. was allowed additional visitations and the ability to speak with his daughter more frequently.
The National Center for Missing and Exploited Children reports that about 200,000 children are abducted each year by a legal guardian, or custodial parent, and removed from the U.S.
Whether you are embroiled in a national or international custody battle, the laws that govern your state, the nation and other nations are not only your concern, but also of concern to your attorney. Make sure you contact a family law attorney that is expert in family law.