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Citizen's Guide to United States
Federal Exploitation Laws
International
Parental Kidnapping
It is a federal crime to remove a child from the United
States or retain a child outside the United States
with the intent to obstruct a parent's custodial rights, or to attempt to
do so. See 18 U.S.C. § 1204. For example, if a foreign couple immigrate to
America and have children together, it is a crime if, in the course of a
marital dispute, the father removes the children from the United States
back to that foreign country in order to keep them away from their mother.
This crime is punishable by up to three years in prison. The law provides a
defense where the taking parent acted pursuant to a valid court order
obtained under the Uniform Child Custody Jurisdiction Act, or where the
taking parent was fleeing domestic violence, or where the failure to return
the child resulted from circumstances beyond the taking parent's control
and the taking parent made reasonable efforts to notify the left behind
parent within 24 hours and returned the child as soon as possible.
Prosecution for international parental kidnapping is to be distinguished
from the return of children who have been wrongfully removed from the United States.
Federal prosecutors, while able to prosecute taking parents, have no
control over the return of children from foreign countries or further
custodial decisions affecting the children. 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.
This return may be governed by the Hague Convention on the Civil Aspects of
International Parental Child Abduction if the child is abducted to a
country that is a signatory to this Convention.
U.S. Department of Justice,
Criminal Division ° Child Exploitation and Obscenity Section (CEOS)
1400 New York Avenue,
6th Floor ° Washington,
D.C. 20530
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