Los Angeles International Parental-kidnapping Defense Attorney
International Parental Child Abduction and Kidnapping Charges
"Children who are victims of family abduction are uprooted from their homes and deprived of their other parent. Often they are told the other parent no longer loves them or is dead. Too often abducted children live a life of deception, sometimes under a false name, moving frequently and lacking the stability needed for healthy, emotional development."
Quote from Family Abduction: Prevention and Response, 6th ed., The National Center for Missing & Exploited Children, 2009.
It is important to distinguish between the prosecution of the parent who kidnapped a child and the return of that child to the United States. Extradition is the legal surrender of an alleged criminal to the jurisdiction of another country. Although the parent who removed the child from the United States is generally eligible for formal extradition because they are charged with a federal crime, the child is a victim of international parental kidnapping and often not eligible for formal extradition. In other words, federal prosecutors may investigate and prosecute the parent, but they typically have no control over the return of the child or custodial decisions affecting that child.
International Parental Kidnapping
Federal law prohibits a parent from removing a child from the United States or retaining a child in another country with intent to obstruct another parent´s custodial rights. This crime is known as international parental kidnapping. For example, consider that a married couple had a son together in the United States. During a martial dispute, the father moves with his son to another country in order to keep him away from the mother with no intent of return. In this situation, the father has committed the federal crime of international parental kidnapping. Convicted offenders of this crime can face up to three years of imprisonment. (For more information, see Citizen's Guide to Federal Law on International Parental Kidnapping).
18 U.S.C. § 1204– International parental kidnapping
Section 1204 of Title 18, United States Code, makes it a federal crime for a parent to remove or attempt to remove a child from the United States, or retain a child outside the United States with intent to obstruct another parent's custodial rights. A parent who removes a child from the United States in this capacity is subject to federal prosecution, and if convicted, faces fines and imprisonment for up to 3 years.
Child Victims of International Parental Kidnapping
Every year, situations of international parental kidnapping are reported in the United States. It is common for the removal of a child to occur during a heated or emotional marital dispute, in the early stages of separation or divorce, or in the waiting period for a court custody order or agreement. International parental kidnappings of U.S. children have been reported in countries all over the world, including Australia, Brazil, Canada, Colombia, Germany, India, Japan, Mexico, Philippines, and the United Kingdom.
Child victims of international parental kidnapping are often taken from a familiar environment and suddenly isolated from their community, family, and friends. They may miss months or even years of schooling. The child may be moved to multiple locations in order to stay hidden or out of reach of the parent remaining in the United States. In some cases, the child´s name, birth date, and physical appearance are altered or concealed to hide identity.
In addition, the tense and unfavorable situation between the parents may be emotionally troubling to a child. Kidnapped children are at high risk for long-term psychological problems including anxiety, eating disorders, nightmares, mood swings, sleep disturbances, and aggressive behavior. As adults, child victims of international parental kidnapping may struggle with identity, relationship, and family issues.
Legal Hurdles and the Return of a Kidnapped Child to the United States
Under federal law, prosecutors may investigate and prosecute the parent who kidnapped the child, however, prosecutors generally have no control over the custodial decisions affecting the child or whether foreign authorities will order the return of the child.
The return of kidnapped children is often settled through negotiation. The U.S. Department of State handles the coordination of efforts with foreign officials and law enforcement agencies to effectuate the return of children to the United States. In some circumstances, the return may be governed by the Hague Convention on the Civil Aspects of International Parental Child Abduction (1980). This Convention was established to facilitate the return of children abducted to foreign countries. However, it only applies if both countries involved in the international parental-kidnapping situation are signatories to the Convention. The United States is a signatory state.
Adhering to the provisions of the Convention, when applicable, and working with the U.S. Department of State are the best methods to legally and safely return a kidnapped child to the United States. In acts of desperation, some parents will attempt to use extra-judicial forms of recovery, such as personally traveling to the foreign country to recover a child. Although it may seem easier and faster to use extra-judicial methods, they often violate U.S. federal laws and the laws of the foreign country involved, and may potentially exacerbate the situation. For example, the parent who kidnapped the child may have sought assistance from a foreign court or obtained a foreign custody order. In such circumstances, the other parent's direct removal of a child from the foreign jurisdiction, without the assistance of the U.S. Department of State, could result in his or her arrest or even imprisonment in that foreign country. Furthermore, any unlawful attempt to recover a child may adversely impact a have a petition for return under the Hague Convention.
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