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1959. Parental Kidnapping/Abduction -- Defenses

The IPKA statute expressly provides for the following affirmative defenses: (1) the defendant acted within the provisions of a valid court order granting legal custody or visitation rights and such order was obtained pursuant to the Uniform Child Custody Jurisdiction Act (UCCJA), which has been enacted by all states, the District of Columbia and the Virgin Islands; (2) the defendant was fleeing an incidence or pattern of domestic violence; and (3) the defendant had physical custody of the child pursuant to a court order granting legal custody or visitation rights and failed to return the child due to circumstances beyond the defendant's control, and the defendant notified or made reasonable attempts to notify the other parent or lawful custodial guardian within 24 hours after the visitation expired and returned the child as soon as possible.

[cited in JM 9-74.200]

Updated January 17, 2020