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International Parental
Kidnapping
Title 18, Section 1204 of the United States Code makes it 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. 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.
CEOS
provides advice and litigation support to Assistant United States Attorneys
throughout the country who are involved in or are
considering international parental kidnapping prosecutions. CEOS also
provides training to federal prosecutors and law enforcement on the
international parental kidnapping statute, 18 U.S.C. § 1204, and its
interplay with the Hague Convention on the Civil Aspects of International
Parental Child Abduction, which governs the return of children abducted to
countries that are signatories of the Convention. In addition, CEOS
attorneys respond to inquiries from left behind parents and other members
of the public regarding the resources available relating to international
parental kidnapping.
CEOS
trial attorneys have special expertise in the area of international
parental kidnapping and meet regularly with representatives of the State
Department, which is intimately involved in working toward the return of
children wrongfully removed from the United States. For more
information about the State Department's efforts to seek the return of
children abducted by their parents to foreign countries, visit http://travel.state.gov/family/abduction.html.
While
CEOS does not have the authority to intervene in the return process, CEOS
and the State Department's Office of Children's Issues have ongoing
dialogue regarding active parental abduction cases, recent legal
developments, training opportunities and community outreach. CEOS also maintains
close contact with the National Center for Missing and Exploited Children
(NCMEC), which receives reports of parental child abductions and oversees a
program that provides legal assistance to foreign nationals whose children
have been abducted to the United
States. For more information on NCMEC, visit http://www.ncmec.org .
If your
child has been wrongfully removed from the United States, you should
contact the State Department's Office of Children's Issues immediately at
(202)312-9700. You should also file a missing child report immediately with
the National Center for Missing and Exploited
Children at 1-800-The-Lost (1-800-843-5678).
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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