Use of Unlawful Flight to Avoid Prosecution
In the Parental Kidnapping Prevention Act of 1980 (PKPA)(28
U.S.C. § 1738A), Congress expressly stated that Federal action in
cases involving interstate flight or retention would be covered under
the Unlawful Flight to Avoid Prosecution (UFAP), 18 U.S.C. § 1073.
See USAM 9-69.400 et seq. for a
general discussion of UFAP warrants, and USAM 9-69.421, which specifically
addresses the use of UFAP warrants in felony parental abduction cases.
Parental abduction cases referred to the Federal Bureau of Investigation
(FBI) for investigation, where interstate flight or retention exists,
will continue to be handled as fugitive matters relative to the
abducting parent. Keep in mind that criminal proceedings relate to the
abductor and that the parent needs to pursue civil remedies for return
of the child if not made voluntarily.|
Prosecutors seeking assistance from the FBI through the UFAP
process or under 18 U.S.C. § 1204, or the custodial parent seeking
the return of the abducted child, should be made aware of civil remedies
and Office of Children's Issues assistance. The civil/judicial route
should be pursued simultaneously with the law enforcement action to
maximize the chances of a return of the child. Be aware that in some
signatory countries the Hague Convention process may be extremely slow
and ultimately counter-productive. Therefore, at some point a decision
may need to be made to pursue criminal charges even though Hague
Convention remedies are available. Questions regarding extradition
issues should be addressed to the Office of International Affairs (OIA).
See USAM 9-15.000 et.
[cited in USAM 9-74.200]