What is Parental Abduction?

Under state and federal law, removing a child from their custodial parent or legal guardian is illegal.

Parental abduction is also called “custodial interference.” It includes situations where a parent:

• Hides the child
• Relocates with the child without permission
• Refuses to return the child after a visit

These situations can have serious legal consequences for the parent violating a legal custody agreement. They can also severely impact the child's well-being and sense of safety.

This article discusses parental kidnapping laws. Learn about state and federal laws, criminal charges, preventing a recurrence, and more.

Interstate Child Abduction Laws

States have their own kidnapping laws, which may cover parental child abduction. For example, in California, child abduction is a crime against the custodial parent. It can be a misdemeanor or felony offense. A parent who abducts their child can face up to four years incarceration and a $10,000 fine.

Interstate child abduction laws address situations involving parental kidnapping across state lines. These laws help ensure custody orders are enforced across states. They also help facilitate the safe return of abducted children to their custodial parents.

The Uniform Child-Custody Jurisdiction Act

Legislatively, several laws deter parental abduction of children. Before the Uniform Child-Custody Jurisdiction Act (UCCJA) of 1968, parents could simply take their child to another state if they thought they had a better chance of getting custody in court. The UCCJA provides a solution to remove that legal incentive for parental kidnapping.

The Parental Kidnapping Prevention Act

In 1980, the Parental Kidnapping Prevention Act (PKPA) was passed to resolve jurisdictional conflicts in child custody cases. The PKPA promotes cooperation between states to make it easier to return abducted children between state lines. PKPA is a federal law, so it trumps state law when there is a conflict between states.

PKPA tells state courts to enforce the child custody determination pending or already in place in the child's home state or tribal court. The home state court has “preferred jurisdiction."

The child's home state is where the child lived for at least six months before a custody action was filed. That state court retains jurisdiction of the child custody case as long as at least one parent or the child lives there. That court can order the return of the child to the custodial parent.

If the child does not have a home state, a court in a state where the child and at least one parent have a significant connection can take jurisdiction. If a child is in danger or abandoned, the local court may take emergency jurisdiction.

Let's say a parent fled a domestic violence situation and took the child across state lines. This would trigger emergency jurisdiction in the receiving state. If no court has jurisdiction, the nearest court can take jurisdiction as “the most appropriate forum."

The PROTECT Act and AMBER Alerts

In 2003, President George W. Bush signed the PROTECT Act into law, establishing the AMBER Alert system. Every state participates in the AMBER Alert system. It notifies law enforcement and the public when someone has abducted a child.

To use the AMBER Alert system, the child must be 17 or younger. There must also be a serious risk to the child of injury or death. Not every parental abduction case qualifies.

The Uniform Child Custody Jurisdiction and Enforcement Act

Forty-nine states have adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). It ensures the interstate enforceability of child custody orders. It resolved conflicts between the PKPA and the UCCJA. It also added protections for domestic violence victims who fled to another state for safe haven.

The child’s birth certificate and other identifying documents are necessary to establish the child's identity and specifics of the custody arrangement. In interstate abductions, having these documents readily available can help ensure the prompt return of the child to their custodial parent.

International Parental Child Abduction

The International Parental Kidnapping Crime Act (IPKCA) made international kidnapping a criminal offense in 1993. Under IPKCA, it is a federal crime for a parent to remove or attempt to remove a child from the U.S. to obstruct another person's custodial rights. The FBI investigates such cases.

Two legal remedies apply to international child abduction cases:

1. The International Child Abduction Remedies Act (ICARA)

2. The Hague Convention on the Civil Aspects of International Child Abduction

ICARA established procedures to implement the Hague Convention. The Hague Convention works to give the prompt return of the child to their state of residence. It doesn't settle child custody disputes. Rather, the Convention seeks to return the situation to the status quo before the child abduction occurred.

If the parent fled to a country that has agreed to cooperate with the U.S. as part of an international treaty, legal and political pressure can be applied. A parent can petition a U.S. court to initiate judicial proceedings under the Convention for the return of their child.

Outside of those countries, legal remedies vary greatly. In these cases, the respondent is typically the parent who has taken the child without legal justification. One parent's disclaimer of parental rights does not absolve them of the legal consequences of parental kidnapping.

Passport Notifications: Protecting Your Child From International Parental Kidnapping

The Department of State’s Children’s Passport Issuance Alert Program (CPIAP) alerts parents when a passport application is submitted for their child. Enrolling your child in the program notifies you if someone applies for a passport on behalf of your child. This allows you to take swift action to prevent unauthorized international travel or a potential parental abduction.

Child Custody Modification

Once your child is located and returned home, you'll want to prevent a recurrence. Parental child abduction is a very serious offense. It will also damage the abducting parent's standing in a family law court.

If you previously had joint custody, that parent could lose custody rights. This will vary by state, judge, and family circumstances. For example, a judge might grant an emergency order giving the other parent sole legal and physical custody of the child.

Child custody modifications can occur when circumstances have changed since the original issuance of the order. Examples of such changes may include:

• Allegations of child abuse
• A change in a parent's financial situation affecting child support
• Relocation of the child's habitual residence

In any case, modifications to child custody arrangements require court approval.

Enforcing Child Custody Orders and Legal Remedies

Law enforcement is usually the best remedy available. Parents are also free to hire their own private investigators. Parent locator services can assist in parental kidnapping cases by helping authorities locate the missing child and the parent who abducted them.

Enforcing child custody orders is the responsibility of the parents and the legal system. If a family member violates a custody order, the other parent can seek enforcement through the court system. The Department of State may become involved if a parent takes a child to a foreign country in violation of a custody order.

The Department of Justice (DOJ) can also become involved if the violation of a custody order is deemed a criminal offense. Consular affairs can become involved in parental kidnapping cases when a parent takes a child across international borders.

The court can issue penalties and sanctions against the offending party under criminal law. Penalties include:

• Large fines
• Jail time
• Loss of custody or visitation rights

Keep in mind that every child abduction case is a violation of a child custody order.

Protect Your Child From Parental Abduction: Call a Lawyer

If you are worried about your child’s safety or if their other parent has violated a court order, consider professional legal advice. An attorney can review your custody order and parenting plan and help determine if the other parent’s actions are unlawful or in violation of your agreement.

Further, an experienced attorney can help you take appropriate steps to protect your child. They can file temporary emergency custody motions, work with law enforcement, and navigate interstate or international abduction cases and family court. If domestic violence is a factor, they can also help you file for a protective order or restraining order.

Contact a local family law attorney today to ensure the safety and well-being of your children.