Citizen's Guide to United States
Federal Exploitation and Obscenity 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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