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Kidnapping is a serious felony in the United States. Unlawful carrying away a person who violates
his or her want, remove the victim to another place and false imprisonment.

Parental Kidnapping the act of one parent illegally taking a child in violation of court order. The
Parental Kidnapping Prevention Act requires states to cooperate with each other in
returning children kidnapped by a parent. The term of "parental kidnapping" encompasses the taking,
retention or concealment of a child by a parent, other family member, or their agent, in derogation of
the custody rights, including visitation rights, of another parent or family member.

Abducted children suffer emotionally and sometimes physically at the hands of their abductors.
Because of the harmful effects on children, parental kidnapping has been characterized as a form of
child abuse.

Criminal Laws

1. State laws - Every state has criminal penalties for parental kidnapping (often referred to as
"custodial interference").

2. Federal laws
a). Parental Kidnapping Prevention Act (PKPA), note The PKPA clarifies that the federal Fugitive Felon
Act applies to state felony parental kidnapping cases.
b). International Parental Kidnapping Crime Act (IPKCA), (Public Law 103-173, 107 Stat. 1998)
It a federal felony to wrongfully remove a child under 16 from the United States, or retain outside of
the United States that a child who has been in the United States, with the intent to obstruct the
lawful exercise of "parental rights." ("Parental rights" are defined as the right to physical custody of the
child), whether the right is joint or sole (and includes visitation rights), and whether the right arises by
operation of law, court order, or legally binding agreement of the parties.
Fine and/or imprisonment
up to three years and returned the child as soon as possible.
Relative Info>> See Violence > Abuse >
Defendant > Non-Custodial Parent > Evidence >
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3. Extradition Treaties Interpretation Act of 1998 to authorizes the United States to interpret
extradition treaties that list "kidnapping" as encompassing parental kidnapping.

More info at American Bar Association Center on Children and the Law - Copyright © 2010 All Rights Reserved. Terms of Use . Privacy Policy