International Child Abduction

Criminal and Civil Laws Regarding Parental Abduction: "Although many individuals, including some law enforcement personnel, perceive parental abduction as "civil in nature" and a private family matter best handled outside the realm of the criminal justice system, it is a crime in all 50 States and the District of Columbia and, in most cases, constitutes a felony. In some States, parental abduction constitutes a crime only in cases in which a custody order has been violated. In others, no custody order is required for parental abduction to be considered a criminal offense".

Congressional Missing and Exploited Children's Caucus: Started by Rep. Nick Lampson, D-TX. You can contact each Representative; they have taken a stand on missing and abducted children.

Custody, Visitation & child Support information: "A parent that is not awarded physical custody has a visitation schedule. Often, when a parent is awarded visitation rather than physical custody, they feel as if they are being characterized as an inferior parent".

Department of Defence Directive: Compliance of DOD Members, Employees, and Family Members outside the United States with Court Orders. Public Law 100-456, "National Defense Authorization Act, Fiscal year 1989," September 29, 1988 and Title 10, USC, Section 814. "Procedures for treating such individuals who have been charged with, or convicted of, a felony in a court, have been held in contempt of a court for failure to obey the court's order, or have been ordered to show cause by a court why they should not be held in contempt for failing to obey the court's order."

Enforcement of Child Support Obligations of Members of the Armed Forces: The Secretary of Defense shall establish a centralized personnel locator service that includes the address of each member of the Armed Forces under the jurisdiction of the Secretary. The Secretary of Defense shall make information regarding the address of a member of the Armed Forces listed in the locator service available, on request, to the Federal Parent Locator Service.

Extradition Treaties Interpretation Act of 1998: For purposes of any extradition treaty to which the United States is a party, Congress authorizes the interpretation of the terms `kidnaping' and `kidnapping' to include parental kidnapping.

False Statement in Application and Use of Passport: "Whoever willfully and knowingly makes any false statement in an application for passport with intent to induce or secure the issuance of a passport under the authority of the United States, either for his own use or the use of another, contrary to the laws regulating the issuance of passports or the rules prescribed pursuant to such laws, shall be fined under this title or imprisoned.

Federal Parent Locator Service Used in connection with enforcement or determination of child custody in cases of parental kidnapping of a child.
 
H. Con Res. 293 (Concurrent Resolution) 106th Congress, May 24, 2000. Urging compliance with the Hague Convention on the Civil Aspects of International Child Abduction.

International Child Abduction Remedies Act: (ICARA) Legislation that implements the Hague Treaty into our legal system.

International Child Custody Disputes: A summary of relevant statutes and treaties.

International Parental Kidnapping Crime Act of 1993: Public Law 103-173-Dec 2, 1993. To amend title 18, United States code with respect to parental kidnapping and for other purpose.

Laws That May Apply in International Parental Kidnapping Cases:

Legislation of Interpol Member States on Missing Children

Missing Children Act of 1982: The Missing Children Act of 1982 (28 U.S.C. ß534 (a)) enables parents to guarantee that information on their missing child is properly entered into the FBI National Crime Information Center (NCIC) computer system. If you have doubts about whether the police department taking the missing child report has entered the information into the computer system, you have the right to ask the FBI to verify the entry. If the case has not been entered, ask the FBI to make the entry for you.

Missing Children's Assistance Act of 1984: Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention to: (1) arrange coordination among all federally funded missing children programs; (2) prepare an annual comprehensive plan to facilitate such coordination; (3) establish and operate a national toll-free telephone line for missing children; (4) establish and operate a national resource center and clearinghouse

National Child Search Assistance Act of 1990: National Child Search Assistance Act of 1990 - Requires each Federal, State, and local law enforcement agency to report each case of a missing child under age 18 to the National Crime Information Center (NCIC)

Office of Child Support Enforcement: The Federal OCSE is attempting to bring together links to State IV-D office home pages all in one place. As more states put up their child support enforcement web sites we will add to this page.

Parental Kidnapping Prevention Act of 1980: (PKPA) Public Law 96-611-Dec. 28. 1980.

Parental Kidnapping Prevention Act: Full faith and Credit Given to Child Custody Determinations: Title 28-Judicial Procedures, Part V- Procedures, Chapter 115 ­ Evidence Documentary, Section 1738A (1980) "If a party (such as an ex-spouse) refuses to return your child, you may seek relief under the Parental Kidnapping Prevention Act (PKPA)". Contact law enforcement and request assistance in the return of your child. "If they refuse, INSIST that they enforce the PKPA Statute. Local law enforcement is bound by law to enforce the PKPA, and it is not up to them to selectively enforce it or to decide the merits of any specific case".

United States: Legislation of Interpol member states on missing Children

Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003: Public law 108-21, April 30, 2003 "To prevent child abduction and the sexual exploitation of children" Title III ­ Public Outreach, Subtitle A ­ Amber Alert. Subtitle B NCMEC, increased support ($20,000,000 a year for 2004 and 2005)

Eligibility: Who May Apply to Be Resettled in the United States as a Refugee?
Each year, the United States resettles a limited number of refugees. Eligibility for consideration is governed by a system of >processing priorities. The following is just one of the reasons for which a refugee may not be admitted to the United States: A person who has been involved in international child abduction.

Procedures for Children Abducted from the United States and to the United States. Designation of the Central Authority. 23 CFR Part 94. International Child Abduction. This is how the United States Central Authority is set up. It has what the Central Authority can and can not do. The authority for this is the Hague Treaty, ICARA and Public Law 100-300.

S. Con Res. 98 (Concurrent Resolution) 106th Congress, March 23, 2000, Urging compliance with the Hague Convention on the Civil Aspects of International Child Abduction.

State Divorce Laws: These pages contain a summary of the divorce laws of all states and the District of Columbia. It has been compiled directly from the most recently-available statute books and updates for each state. Every effort has been made to assure that the information contained in these pages is accurate and complete. However, laws are subject to constant change. Therefore, those legal points which are particularly important in your situation should be checked directly in the appropriate law book or with a lawyer to be certain that the law has not changed.

Thomas: Legislative Information on the Internet: What your Senators and Representatives are doing with your money, plus other Library of Congress links.

Types of Custody: Learn the difference between legal custody, physical custody, sole custody, joint custody and more.

The following, the UCCJA and the UCCJEA are "Reprinted by permission of the National Council of Juvenile and Family Court Judges"

Uniform Child Custody Jurisdiction Act: 1968 (UCCJA) Drafted by the National Conference of Commissioners on Uniform State Laws.

Uniform Child Custody Jurisdiction and Enforcement Act: 1997 (UCCJEA) Drafted by the National Conference of Commissioners on Uniform State law.

  • States That Have Adopted The UCCJEA: (Updated as states adopt) From The National Conference of Commissioners on Uniform State laws. The UCCJEA "revises the 1968 UCCJA, which was adopted in every state, and brings compliance with the federal Parental Kidnapping Prevention Act (PKPA). This act limits child custody jurisdiction and provides enforcement provisions for child custody orders"
  • A Critique of the Proposed UCCJEA: By David H. Levy and Nanette A. McCarthy. This is an article written in 1998, but will give you some insight into the UCCJEA.
  • Why States Should Adopt the UCCJEA: From the Uniform Law Commissioners, The National Conference of Commissioners on Uniform State Laws.
  • An Overview of the UCCJEA: From New York Divorce and Family Law. Another look at the UCCJEA
  • Interstate Custody: Understanding the UCCJA, the UCCJEA and the PKPA. 1999 by NOW Legal defense and Education Fund, Inc. Found in the Poverty Law Manual for the New Lawyer, National Center on Poverty Law. Gives you insight into the three laws.
  • UCCJEA This paper was written by Patricia Hoff, published by OJJDP and is intended to provide information about the UCCJEA to Stateís that are considering adoption. It is also informative for parents and lawyers that may need to litigate child custody matters.

Uniform State and Federal Laws: On Custody, Parental Child Abduction and Missing Children.

United States Child Custody Attorneys A list of custody attorneys by State.

United States Codes: All the laws passed by Congress are somewhere within these US Codes. Hint: Try Title 18 and Title 22 to start. Titles 1-50, Us Codes by Popular Name.

United States Family and Custody Law Statutes and Code The law statutes and codes are listed by State.

What if your Child is abducted? This is a very good summary of the use of the UCCJA and PKPA. This article was written by Richard Crouch of the law firm of Crouch and Crouch in Arlington, VA and is reproduced here with their kind permission.