U.S. Department of Justice 

Office of Justice Programs 

Office of Juvenile Justice and Delinquency Prevention 

REPORT
U.S. Department of Justice


Office of Justice Programs


810 Seventh Street NW. 

Washington, DC 20531 

Alberto R. Gonzales 

Attorney General 

Regina B. Schofield 

Assistant Attorney General 

J. Robert Flores 

Administrator


Office of Juvenile Justice and Delinquency Prevention


Office of Justice Programs 

Partnerships for Safer Communities 

www.ojp.usdoj.gov 

Office of Juvenile Justice and Delinquency Prevention 

www.ojp.usdoj.gov/ojjdp 

The Office of Juvenile Justice and Delinquency Prevention is a component of the Office of Justice 

Programs, which also includes the Bureau of Justice Assistance, the Bureau of Justice Statistics, the 

National Institute of Justice, and the Office for Victims of Crime. 
A Family Resource Guide 


on International Parental


Kidnapping


Report 

J. Robert Flores, Administrator 

Office of Juvenile Justice and Delinquency Prevention 

Original Printing 

February 2002 

Reprinted 

May 2003 

Revised 

January 2007 

NCJ 215476 

This document was prepared by Fox Valley Technical College under cooperative agreement number 

2005–MC–CX–K034 from the Office of Juvenile Justice and Delinquency Prevention (OJJDP), Office of 

Justice Programs (OJP), U.S. Department of Justice. 

Points of view or opinions expressed in this document are those of the authors and do not necessarily represent 

the official position or policies of OJJDP, OJP, or the U.S. Department of Justice. 

Cover photo: Copyright 1997–99 PhotoDisc, Inc. 
F

ore

w

or

Foreword 

d 

When a child is abducted by a family member, the parent who has been left behind faces seemingly 

insurmountable obstacles. The emotional, legal, and financial difficulties precipitated by the abduction 

can be among the hardest challenges a parent will ever encounter. For parents whose children are 

taken to or retained in foreign countries, these hardships can be particularly overwhelming. 

Given the complex nature of international abductions, a swift and informed response is often difficult. 

Unfamiliar languages and laws, compounded by the vast psychological and physical distance of the 

separation, can frustrate recovery efforts. 

Despite these obstacles, however, left-behind family members can marshal an effective response and 

this book is a resource that can help them do so. It offers descriptions and realistic assessments of 

available civil and criminal remedies, explains applicable laws, identifies public and private resources, 

and identifies strategies to help left-behind parents recover their children or reestablish meaningful 

contact with them in another country. 

This is the second edition of A Family Resource Guide on International Parental Kidnapping. It covers 

important developments in policy and practice since the publication of the first edition in February 

2002, including: 

•	 Establishment of the AMBER Alert program by the PROTECT Act. 

•	 Amendment of the International Parental Kidnapping Crime Act to make “attempted international 

abduction” a federal offense. 

•	 Use of child abduction (CA) and AMBER Alert (AA) flags on missing children records in National Crime Information Center. 

•	 Widespread enactment of the Uniform Child Custody Jurisdiction and Enforcement Act, which 

addresses jurisdiction and enforcement in child custody, visitation, and abduction cases. Many 

states have included provisions authorizing prosecutors, and law enforcement acting at their request, to assist civilly in the location, recovery, and return of abducted children, and in civil enforcement of custody and visitation orders. 

•	 Creation of the Department of Homeland Security (DHS) after 9/11. DHS assumed 

responsibility for border protection, including a role in the recovery of missing and exploited 

children. This work used to be handled by the U.S. Customs Service and the Immigration and 

Naturalization Service. 

•	 Online access to many useful resources via the Internet. 

•	 Steady growth of the number of U.S. treaty partners under the Hague Child Abduction 

Convention. 

iii 
A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

• Development of uniform child abduction prevention legislation by the National Conference of 

Commissioners on Uniform State Laws.

These developments are groundbreaking, but we can not stop here. There is always more we as a country 

and agency can do to bring our children home safely. This revised Resource Guide is one step in the 

process. OJJDP will continue to work with the international community to keep the lines of communication open.

J. Robert Flores 

Administrator 

Office of Juvenile Justice and Delinquency Prevention

iv

Acknowledgments 

The task of developing a guide for parents on the topic of international parental abduction is as complex and difficult as the subject itself. The Office of Juvenile Justice and Delinquency Prevention 

(OJJDP) is grateful to the many people who contributed to the development of this guide, especially 

parents who have experienced first hand the trauma of becoming a left-behind parent. In particular, 

OJJDP wishes to thank Terri Beydoun, Jodi Carlson, Jean Henderson, Tom Johnson, John 

LeBeau, Paul Marinkovich, Steve McCoy, Ray (“Perry”) Morrison, and Jose and Miriam Santos 

for their commitment and contributions to the guide, and for their unfailing efforts to assist other 

parents who face similar circumstances. 

OJJDP also wants to thank the many federal, state, and local agencies and organizations that made 

significant contributions to the guide, especially Stephanie Crews, Kevin Gutfliesh, and Grant Mendenhall from the Federal Bureau of Investigation’s Crimes Against Children Unit; Marsha GilmerTullis, Nancy Hammer, and John Rabun from the National Center for Missing & Exploited Children; 

Judy Schretter from the Child Exploitation and Obscenity Section of the U.S. Department of Justice; and Sharon Carper from the U.S. Department of State. 

Special thanks also go to the many professionals who gave their time, energy, talents, and expertise to 

put together a document that is effective in its delivery of information, timely in its content, and both 

supportive and helpful in its message to parents. This includes Helen N. Connelly, James P. Finley, 

and Joellen Talbot of Fox Valley Technical College; and Heather Keegan and Donna Uzell of the 

Florida Department of Law Enforcement. 

This document would not have been possible without invaluable assistance from Patricia Hoff, Esq., 

who painstakingly gave her time, talents, expertise, and knowledge to this project. Her enormous 

contributions to this guide are equaled by her commitment to serve and support families and children 

faced with international parental abductions. Ms. Hoff also prepared this revised edition, which is 

current through July 2005. 

Finally, sincere thanks go to Ron Laney, Associate Administrator, OJJDP’s Child Protection 

Division, who had the vision and foresight to put together a working group to begin to address issues 

associated with international parental abductions. Through his leadership and commitment, this guide 

will serve as an invaluable resource to parents and children across the world. 

This guide is dedicated to all of the families and children who have been or are separated from one 

another. It is our sincere hope that the information contained in this guide will give you the support 

and direction you may need in a time of crisis. 

A

c

k

n

o

wle

d

g

m

e

nts 

v 
vii

Table of Contents

Table of Contents

Introduction............................................................................................................................................................................... 1

1. Preventing International Parental Kidnapping ...................................................................................................... 3

2. Urgent Cases: Stopping an Abduction in Progress ............................................................................................ 23

3. Searching for Your Child............................................................................................................................................... 37

4. Civil Remedies in International Parental Kidnapping Cases ........................................................................... 47

5. The Crime of International Parental Kidnapping ................................................................................................ 75

6. Other Resources To Help Resolve International Parental Kidnapping Cases ........................................... 93

7. Reunification .................................................................................................................................................................. 103

Recommended Reading................................................................................................................................................... 109

Directory of Resources...................................................................................................................................................... 111

Hague Convention on the Civil Aspects of International Child Abduction .................................................. 115 

Application for Assistance Under the Hague Convention on International Child Abduction ............... 125

Abduction Checklist for Parents.................................................................................................................................... 135

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Chart.................................................. 143 

Index of Frequently Asked Questions ......................................................................................................................... 147

About the Contributors .................................................................................................................................................... 155
Intro

d

u

ctio

Introduction 

n 

Every year, hundreds of children in the United States are victims of international parental kidnapping— 

a child’s wrongful removal from the United States, or wrongful retention in another country, by a 

parent or other family member. Parents and other family members left behind may be overwhelmed 

by feelings of loss, anguish, despair, and anger—as well as confusion and uncertainty about what can 

be done in response.

In December 1999, the Office of Juvenile Justice and Delinquency Prevention invited a small group 

of left-behind and searching parents to participate in a planning and development meeting. Each one 

had experienced first hand the heartbreak of having a child abducted to another country or wrongfully retained abroad. Some of them had recovered their children, while others had not. They willingly 

shared their knowledge of international parental kidnapping—gained at tremendous personal cost— 

to help other parents of abducted children understand what can be done to: 

❉ Prevent an international parental kidnapping. 

❉ Stop a kidnapping in progress. 

❉ Locate a kidnapped or wrongfully retained child in another country. 

❉ Bring an abductor to justice. 

❉ Recover a kidnapped or wrongfully retained child from another country. 

❉ Reestablish access to a child in another country. 

This guide imparts the group’s practical wisdom and the hope that other parents will not have to experience the confusion and discouragement these parents did when it was not clear what to do or 

whom to turn to when their children were kidnapped. The group offered its suggestions for preventing international kidnapping and gave detailed advice to maximize the chance that children who are 

kidnapped or wrongfully retained will be returned to this country. 

The guide provides descriptions and realistic assessments of the civil and criminal remedies available 

in international parental kidnapping cases. It explains applicable laws and identifies both the public 

and private resources that may be called on when an international abduction occurs or is threatened. It 

gives practical advice on overcoming frequently encountered obstacles so that parents can get the help 

they need. The guide prepares parents for the legal and emotional difficulties they may experience and 

shares coping and general legal strategies to help them achieve their individual goals, whether they 

involve recovering a child or reestablishing meaningful access to a child in another country. 

Despite the difficulties that may lie ahead and the disappointment some parents may experience, 

it is important not to become discouraged. Stay hopeful. Many things can be done to prevent or to 

resolve an international parental kidnapping. This guide will help you organize your response. 

1

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

How This Guide Is 

Organized

Each chapter begins with a brief introduction 

of the topics it covers, followed by a list of Frequently Asked Questions (FAQs). The answers 

appear in the text. The FAQ format gives readers the option of reading an entire chapter or 

skipping directly to a particular question. Every 

chapter has a list of key points at the end, with 

page references to the relevant text. Space is 

provided at the end of each chapter for personal 

notes.

The content of the guide is organized as follows: 

Chapter 1 focuses on preventing international 

parental kidnapping. Chapter 2 describes what 

can be done to stop an abduction in progress. 

Chapter 3 is a guide to finding an abducted 

child whose whereabouts are unknown. Chapter 4 examines the civil aspects of international 

parental kidnapping (that is, the remedies a 

parent may pursue to recover an abducted or 

wrongfully retained child). It describes the 

Hague Convention on the Civil Aspects of International Child Abduction (called the Hague 

Convention), as well as legal solutions in countries not party to the Hague Convention. It lists 

specific countries that the United States has 

cited for not complying with the Hague Convention and identifies other countries with legal, 

social welfare, or religious systems that may 

prevent the return of an abducted or retained 

child. Chapter 5 explains the criminal aspects of 

international parental kidnapping (that is, the 

process by which the government brings abductors to justice). Chapter 6 describes other 

resources that may be instrumental in resolving 

an international parental kidnapping case, including the media, diplomatic and congressional 

(or other political) interventions, human rights

laws and organizations, and the National 

Center for Missing & Exploited Children 

(NCMEC). Chapter 7 focuses on the legal, psychological, and practical issues surrounding a 

child’s reunification with the left-behind parent 

and family. At the back of the guide are a list of 

recommended readings; a directory of all the 

resources, including Web sites, mentioned in 

the guide; the text of the Hague Convention on 

International Child Abduction; a Hague Convention application, with instructions; a checklist for parents involved in non-Hague cases; an 

index containing all the questions posed in the 

guide; and information about the parents who 

contributed to the guide. Quotes from the parents appear throughout the guide. 

Getting the Most From 

This Guide 

If you are too overwhelmed now to read the 

guide yourself, ask family members, friends, or 

other support persons to read it for you. Share 

it with your lawyer or other advocate (for instance, a trusted friend or caseworker). The 

guide will be especially informative for lawyers 

who have limited experience in international 

parental kidnapping law. It will give them an 

overview of the remedies available to you. As 

you review this guide, please remember to consult with an attorney for help and assistance on 

any legal matters. Bring the guide to meetings 

with law enforcement, government personnel, 

and elected representatives. Lend it to journalists who are publicizing your case. Let this 

guide empower you to aggressively seek and 

obtain help in preventing or satisfactorily resolving your child’s international parental 

kidnapping. 

2

C

h

a

pter O

ne 

Q 

1. Preventing International 

Parental Kidnapping 

This chapter describes steps parents can take to reduce the risk of international parental kidnapping. You should read this chapter if: 

❉ You have suspicions or evidence that the other parent is planning to take your child to another country without your permission. 

❉ You are wary about letting your child visit in another country for fear the child will not be returned. 

❉ You believe that “an ounce of prevention is worth a pound of cure” and want to do whatever you can to prevent an abduction or wrongful 

retention. 

Although no prevention measures are foolproof—some abductors will succeed even if comprehensive safeguards are in place—chances are 

they will deter many would-be abductors. When they do work, children are spared the harmful effects of an abduction, and parents are spared 

the uncertainties of seeking the return of a child from a foreign country. 

Frequently Asked Questions 

Why is it important to recognize the risk of international parental kidnapping and to put


appropriate safeguards in place?


Are there warning signs that your child is at risk of international parental kidnapping?


What are the personality profiles of parents who may pose an abduction risk?


If an abduction is imminent or in progress, is there anything a judge can do to prevent or stop it?


What can a court do to reduce the risk of international parental kidnapping?


How can you persuade a judge that prevention provisions are needed?


Where can you find information about the potential obstacles to recovering a child from 


a particular country?


If you have made the case for prevention provisions, how do you know which ones to request?


What kinds of prevention provisions can a court include in its order?


Apart from asking a judge to include prevention measures in a court order, what else can a


parent do to reduce the risk of abduction?


3

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

Q 

Q 

Why is it important to recognize the risk the foreign country, and such overseas visitation is not effectively enforceable except in the 

country that orders it. Other countries may not 

provide visitation at all. Many countries will not 

extradite their citizens for any offense, including international parental kidnapping, and several have even refused to extradite American 

abductors back to the United States. 

of international parental kidnapping 

and to put appropriate safeguards in 

place? 

There are two reasons why parents should be 

alert to the possibility of abduction and take 

steps to prevent it. The most important reason 

is to protect your child from the potentially 

harmful effects of international kidnapping. 

These are described later (see “Potential harm 

to the child” on page 7 and “What myths hinder 

criminal prosecution and investigation, and how 

can they be dispelled?” on page 87). The second reason is to avoid the legal complications 

and unpredictable outcomes associated with 

recovery efforts in another country. 

You can see from the possible complications 

surrounding child recovery from another country why prevention efforts in this country are so 

important. Read on to find out when safeguards 

are needed and which ones may work. 

Are there warning signs that your child 

is at risk of international parental 

kidnapping? 

Once a child is abducted from this country to 

another, the laws, policies, and procedures of the 

foreign country determine whether and how the 

child will be returned. U.S. domestic law, which 

is favorable to recovering children who are abducted to this country, is not the controlling law 

once a child is in another country. This is true 

even if the abducted child is a U.S. citizen. The 

U.S. Government may be able to help with your 

case, but it does not control the outcome. 

Although there are no foolproof warning signs 

or psychological profiles for abduction risk, 

there are some indicators that should not be

ignored. Be alert to the warning signs that an 

international kidnapping may be in the offing. 

It may be a “red flag” if a parent has: 

❉ Previously abducted or threatened to abduct 

the child. Some threats are unmistakable, 

such as when an angry or vindictive parent 

verbally threatens to kidnap the child so 

that “you will never see the child again.” 

Others are less direct. For instance, you 

may learn about the other parent’s plans 

through casual conversation with your child. 

Citizenship in another country and strong 

emotional or cultural ties to the country of 

origin. 

Friends or family living in another country. 

No strong ties to the child’s home state.


A strong support network.


No financial reason to stay in the area (e.g., 

the parent is unemployed, able to work 

anywhere, or is financially independent). 

Many countries send children back to the United States under the Hague Convention on the 

Civil Aspects of International Child Abduction, 

but others have a poor record of compliance 

with the treaty. Some countries enforce U.S. 

custody and visitation orders, but many do not. 

Many countries allow their courts to make custody decisions concerning the child, irrespective 

of custody orders made in this country. These 

custody decisions may be based on gender or 

nationality rather than the child’s best interests, often to the detriment of the child and the


American parent. In many countries, there is a 

probability that return will never occur. Some


countries provide for visitation for the leftbehind parent but may restrict those visits to 

❉

❉

❉

❉

❉

4 
C

h

a

pter O

ne 

Q 

❉ Engaged in planning activities, such as quitting a job; selling a home; terminating a 

lease; closing a bank account or liquidating 

other assets; hiding or destroying documents; 

or securing a passport, a birth certificate, or 

school or medical records. 

❉ A history of marital instability, lack of cooperation with the other parent, domestic violence, or child abuse. 

❉ Reacted jealously to or felt threatened by 

the other parent’s remarriage or new romantic involvement. 

❉ A criminal record. 

What are the personality profiles of parents who may pose an abduction risk? 

Six personality profiles that may be helpful in 

predicting which parents may pose a risk of abduction are identified by Girdner and Johnston 

in their research report Prevention of Family Abduction Through Early Identification of Risk Factors 

(listed in the “Recommended Reading” section at 

the end of this guide). Keep in mind that while 

these profiles may be helpful in predicting which 

parents may pose a risk of abduction, they do 

not guarantee that parents who fit a particular 

profile will abduct or that parents who do not fit 

a profile will not. The six profiles are as follows: 

❉ Profile l: Parents who have threatened to 

abduct or have abducted previously. 

❉ Profile 2: Parents who are suspicious or 

distrustful because of their belief that abuse 

has occurred and who have social support 

for their belief. 

❉ Profile 3: Parents who are paranoid. 

❉ Profile 4: Parents who are sociopathic. 

❉ Profile 5: Parents who have strong ties to 

another country and are ending a mixedculture marriage. 

❉ Profile 6: Parents who feel disenfranchised 

from the legal system (e.g., those who are 

poor, a minority, or victims of abuse) and 

have family and social support. 

Abducting parents across the six personality 

profiles share many common characteristics. 

They are likely to deny or dismiss the value of 

the other parent to the child. They believe they 

know what is best for the child, and they cannot see how or why they should share parenting 

with the other parent. They are likely to have 

very young children who are easy to transport 

and conceal and who are unlikely to protest 

verbally or tell others of their plight. With the 

exception of the paranoid profile, abducting 

parents are apt to have the financial and moral 

support of a network of family, friends, and/or 

cultural, community, or underground groups. 

Many abductors do not consider their actions 

illegal or morally wrong. Finally, mothers and 

fathers are equally likely to abduct, although at 

different times—fathers before a court order, 

mothers after an order has been made. 

Parents who fit profile 5—those who are citizens of another country (or who have dual citizenship with the United States) and who also 

have strong ties to their extended family in their 

country of origin—have long been recognized 

as abduction risks. The risk is especially acute 

at the time of parental separation and divorce, 

when the parent feels cast adrift from a mixedculture marriage and a need to return to ethnic 

or religious roots for emotional support and to 

reconstitute a shaken self-identity. Often, in 

reaction to being rendered helpless or to the 

insult of feeling rejected and discarded by the 

ex-spouse, a parent may try to take unilateral 

action by returning with the child to his or her 

family of origin. This is a way of insisting that 

one cultural identity be given preeminent status 

over the other in the child’s upbringing. Often 

the parent will have idealized his or her own 

culture, childhood, and family of origin. 

5

Q If an abduction is imminent or in 

progress, is there anything a judge can 

do to prevent or stop it?	

Yes. Laws in many states give judges authority 

to issue a “pickup” order for the child to prevent an imminent abduction or harm to the 

child. Pickup orders go by different names, 

including “warrant to take physical custody of a 

child” and “warrant in lieu of a writ of habeas 

corpus.” 	

The Uniform Child Custody Jurisdiction and 

Enforcement Act (UCCJEA), in effect in most 

states, provides an emergency ex parte procedure for getting a pickup order (in conjunction 

with a custody enforcement action) when abduction or serious physical harm to the child is 

imminent. If the requirements are met, a judge 

should issue an order directing law enforcement 

to pick up the child and to serve notice of the 

custody enforcement proceeding. 	

In many UCCJEA states, prosecutors or other 

appropriate officials, in addition to private attorneys, may petition a court for a pickup order. 

Prosecutors in child abduction units in California are very familiar with these cases and can 

react quickly. In most other states, where the 

law is relatively new, designated public authorities may be unprepared to respond in a timely 

way. Since time is of the essence, working with 

a private attorney may be the best way to go. 

The uniform child abduction prevention law 

being developed expressly allows judges to issue pickup orders in pre-decree abductions. For 

updates on the status of this draft legislation, 

see www.nccusl.org.	

For more information on UCCJEA, see page


58.


Q What can a court do to reduce the risk of 

international parental kidnapping? 

As discussed above, you may be able to get an 

emergency pickup order if time is of the 

essence—for instance, to stop an abductor from 

leaving the country with the child. Timing and 

good luck may work in your favor, but don’t 

count on it if you have reason to anticipate a 

problem. 

If you are concerned about the possibility of 

abduction when you are going through divorce 

or custody proceedings, ask a judge to include 

prevention provisions in the initial custody order. If the initial order does not contain prevention provisions but the situation changes and 

you need them, you will have to go back to 

court to request a modification of the original 

order. 

Your lawyer should review the Federal Parental 

Kidnapping Prevention Act (PKPA) (28 U.S.C. 

§ 1738A) and your state’s custody jurisdiction 

law (either the Uniform Child Custody Jurisdiction Act or the Uniform Child Custody Jurisdiction and Enforcement Act) to determine 

which state has jurisdiction to make an initial 

custody/visitation order or to modify an existing 

one. 

Q How can you persuade a judge that 

prevention provisions are needed? 

The law in a handful of states (notably California and Texas) authorizes judges to issue prevention orders in specific circumstances. If your 

state has such a law, you and your attorney 

should present your case to the court in accordance with the law’s requirements. However, 

most states do not yet have prevention laws. 

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

You can learn more about these risk profiles in 

several reports listed in the “Recommended 

Reading” section on page 109 of this guide.


6 
The National Conference of Commissioners on Uniform 

State Laws is developing a uniform law to prevent child 

abduction in international child custody disputes. The 

draft legislation, which is based on the California and 

Texas statutes, had its first reading in July 2005. When it 

is completed, every state will have the option of enacting it. For information on the status of the “Standards 

for the Protection of Children From International Abduction” uniform act, visit www.nccusl.org. 

Moreover, many judges lack experience with 

international parental kidnapping cases and 

need to be educated about the problem and 

what they can do to prevent it. You must go to 

court prepared to show the court why prevention provisions are needed. Make sure you are 

armed with information about the facts 

surrounding international parental kidnapping 

as well as information about your personal situation. Focus your argument on three factors: 

first, the risk of abduction; second, the potential 

harm the child is likely to suffer if abducted; 

and third, obstacles to locating and recovering 

the child if an abduction occurs. When the risk 

of abduction is high, when the child is likely to 

be harmed, and when obstacles to recovery 

exist that would be difficult to overcome, strict 

preventive measures are needed. When the risk 

of abduction is low, when the likelihood of recovery is high, and when little or no projected 

harm to the child exists, less restrictive measures should suffice. 

Risk of abduction. The judge should be made 

aware of all the relevant red flags of a possible 

abduction. A list of warning signs appears on 

pages 4–5. Also inform the court if the other 

parent fits one of the six personality profiles of 

an abductor and thus may pose a risk for abduction. The six profiles are described on page 5. 

Potential harm to the child. Parents who kidnap their children seldom have their children’s 

Chapter One 

best interests at heart. The experience can cause 

lasting psychological harm to the young victims. 

Some abductors live a fugitive existence, moving around and concealing their true identities 

to avoid detection. A child’s name and appearance may be altered. A child may be kept out of 

school to avoid detection through school records. 

Abducted children may be told that they are 

not loved by the left-behind parent or that the 

searching parent is dead. They may be taught 

to fear the very people who could help them: 

police, teachers, and doctors. They may be neglected by their abductors.

In addition to causing psychological harm, some 

abductors pose a risk of physical harm to their 

children, both during and after the abduction. 

Parents most likely to harm their children are 

those who have serious mental and personality 

disorders, a history of violence or abuse, or 

little or no prior relationship with the child.

Obstacles to the location, recovery, and return of parentally abducted children. In addition to the personal issues between parents that 

may hinder the return of a child, obstacles can 

be legal, procedural, cultural, and practical, as 

the following examples illustrate. Lack of funds 

can hinder a parent’s ability to hire lawyers and 

search for an abducted child. Law enforcement 

agencies may fail to take missing children’s reports, to make National Crime Information 

Center (NCIC) entries, and to actively investigate. state and federal statutes may provide 

incomplete or inadequate remedies. Foreign law 

may be unfriendly toward returning a child to 

the United States. International abductions to a 

non-Hague country may present insurmountable obstacles if that country does not recognize 

U.S. court orders, favors its own nationals, or 

awards custody based on religious, cultural, or 

gender grounds.

7

Abductions to most countries that are party to 

the Hague Convention on the Civil Aspects of 

International Child Abduction (described in 

chapter 4) present fewer obstacles because a 

legal remedy exists to seek the child’s return. 

However, some countries have been cited by 

the U.S. Department of State for noncompliance with the Hague Convention. (See “What 

issues have arisen under the Hague Convention 

that you (and your lawyer) should know 

about?” on page 60.) Notwithstanding the 

Hague Convention, prevention measures will be 

needed when these (and possibly other) Hague 

countries are involved.

Where can you find information about 

the potential obstacles to recovering a 

child from a particular country?

Try to get first-hand information from a parent 

who has had a child taken to or kept in the same 

country as your child. Review the State Department’s country-specific flyers, available on the 

Department’s Web site at www.travel.state.gov/ 

family. Under “International Child Abduction,” 

click on “Country-Specific Information.” You 

may find a flyer about the country in question, 

but be aware that the list of flyers is incomplete, 

and the absence of a flyer for a particular country has no particular meaning. (For flyers on 

Islamic family law and Saudi Arabia, click on 

“Abduction Resources” and follow the 

prompts.) The Law Library of Congress has 

prepared a report on the laws of 49 countries 

that are U.S. treaty partners under the Hague 

Convention on the Civil Aspects of International Child Abduction. The report is available 

online at www.loc.gov/law/public/reports/ 

child_abduction.pdf. There is a link to the report on the State Department Web site. Also, 

check with the embassy or consulate of the foreign country in question. If you have the resources, consider hiring an expert on foreign 

law to advise you and/or to testify in court.

A 

Family 

Resource Guide on International Parental Kidnapping 

Q 

Foreign lawyers and law professors may have 

the expertise you need.

Judges in the United States who handle custody and divorce 

cases need to be informed about a foreign country’s track 

record for returning children to the United States.They 

need to know if a country categorically refuses return to 

certain groups.This will influence how judges write their 

custody orders and whether they allow children to travel 

abroad for visits.

—Tom Johnson

Team H.O.P.E. Team H.O.P.E. (Help Offering 

Parents Empowerment) is a national support 

network that can match you with parent volunteers who have experienced an abduction in 

their family and who have been trained to provide support and assistance. The network was 

established by the Missing and Exploited 

Children’s Program in the U.S. Department 

of Justice, Office of Juvenile Justice and 

Delinquency Prevention. Call Team H.O.P.E. 

(866–305–HOPE (4673)) and ask to speak to a 

parent mentor, or visit www.teamhope.org.

Department of State, Office of Children’s 

Issues (CI). Excellent prevention information 

is available online at the State Department’s 

Web site (www.travel.state.gov/family). If you 

do not have a personal computer, it is worth 

going to a public library to log on to this site. 

Go to the site and click on “International Child 

Abduction.” For prevention-related information, click on “Child Abduction Prevention.” 

Also click on “Child Abduction Resources,” in 

particular, Children’s Passport Issuance Alert 

Program and Library of Congress Reports. 

Also click on “Hague Convention Abduction 

Issues,” refer particularly to the annual reports 

on compliance with the Hague Convention 

(2005, 2004, 2003, 2002, 2001, 2000, and 1999).

You can also telephone CI for any of this information (toll free, 888–407–4747 (8 a.m.– 

8 p.m.) or 202–736–9090). Ask the abduction 

officer if the country you are concerned about

8

has ratified the Hague Convention and, if so, if 

data are available on the outcome of return 

applications in that country. Ask if the country 

has laws to enforce compliance with Hague 

Convention return orders. (It does little good to 

have a return order that cannot be enforced.) If 

the country is not a party to the Hague Convention, ask about its track record honoring 

U.S. custody decrees and helping U.S. citizens 

recover their children. Ask for a flyer describing custody law in the particular country. Ask 

CI if there are any parents of children who 

have been abducted to or retained in the country in question who are willing to speak with 

you. Alternatively, ask CI to give your name to 

such parents with a request to be contacted. CI 

can also provide a list of lawyers in the foreign 

country whom you may consult to learn about 

legal obstacles you would face in seeking to 

recover your child. 

CI also can assist in preventing issuance of U.S. 

passports for children who are vulnerable to 

international child abduction. (See “Apart from 

asking a judge to include prevention measures 

in a court order, what else can a parent do to 

reduce the risk of abduction?” on page 14.) 

Foreign embassy or consulate (or U.S. Embassy in the foreign country). If one of the 

child’s parents was born in another country, 

contact the embassy or consulate of that country 

and find out about the foreign government’s policies regarding parental kidnapping and child 

custody. (Note: Many countries, including some 

Hague countries, do not recognize parental kidnapping as a crime, making international extradition unavailable.) Also inquire if any particular 

prevention measures are recommended. Foreign 

embassies are located in Washington, DC. Many 

countries maintain consulates in major cities in 

the United States. The State Department’s Web 

site has a list of contact information for foreign 

Chapter One 

embassies in the United States. Go to www.state. 

gov/s/cpr/rls/dpl/32122.htm. Or, check the phone 

book or call the operator for telephone numbers. 

Some foreign countries have Web sites where 

relevant information is posted.

A list of questions to ask is presented below. The 

answers may dictate the prevention measures 

you’ll need. Not only will you know what to expect if your child is abducted to that country, but 

the information may persuade the court to order 

the prevention measures you seek. If the foreign 

embassy or consulate does not answer your questions, ask the U.S. Embassy located in that country. Or, if you have the financial means, you can 

seek answers to these questions directly from 

reputable lawyers in the foreign country.

Questions to ask: 

❉ Does the foreign parent retain citizenship in 

his or her country of origin if he or she has 

become a U.S. citizen? If so, is the child 

automatically a citizen of that country? 

(The child may be a “dual national”—that 

is, a citizen of both the United States and 

another country.) 

Will the foreign government issue a passport 

or other travel documents to the child at the 

request of its national parent? Will the foreign government issue these travel documents if courts in the United States have 

forbidden the child’s removal from the United States? Will the foreign government notify the custodial parent if it receives an application for travel documents for the child? 

Will the foreign government or courts honor a custody order issued in the United 

States or otherwise assist in returning an 

abducted child to the United States? How 

can the custodial parent get a court order 

enforced? 

❉

❉

9

abroad? If so, in what country? What are his or 

her financial circumstances? What is his or her 

personality? 

But be careful what you ask for. Too many 

restrictions can trigger a kidnapping. For instance, if visitation is made too infrequent or 

too structured, the noncustodial parent may feel 

that abduction is the only way to have a relationship with the child. In considering limits on 

the noncustodial parent’s access to the child, 

consider your child’s feelings about the noncustodial parent, which may differ markedly from 

your own. 

What kinds of prevention provisions can 

a court include in its order? 

Listed below are sample prevention provisions 

you can ask a court to include in its order. 

Share this information with your lawyer. 

Statement of the basis of the court’s jurisdiction and the manner in which notice and opportunity to be heard were given. This belongs in every well-written custody order. 

Specified custody and visitation rights. Clearly define the custody and visitation rights (referred to in some states as parenting responsibilities, parenting plans, or parenting time) of 

each party, including grandparents who have 

been granted visitation. 

Avoid vague language such as “reasonable 

visitation.” A parent who takes a child abroad 

for a “short” visit may think it reasonable to 

stay for 3 months, while the custodial parent 

may find it entirely unreasonable when the child 

is not back in time for school. Who is right? 

Resolving this question may mean more litigation. Another consequence of vague drafting is 

that law enforcement authorities may be reluctant to get involved. Their job is to enforce the 

law, not write it. One solution is to specify 

when visits are to start and end (i.e., dates and 

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

Q 

Q 

❉ How does a parent recover a child from the 

country? If custody is granted, will the parent be able to take the child out of the foreign country? 

❉ Are there any social, political, or religious 

attitudes or unrest in the country that could 

hinder efforts to recover the child? 

❉ If the left-behind parent has visitation rights, 

will he or she be able to exercise them in the 

United States—that is, will the child be sent 

to the United States for visits—or will the 

parent have to visit the child in the foreign 

country? 

❉ What are the policies of the foreign government regarding extradition? Will it extradite its own national if that person is 

charged in the United States with parental 

kidnapping? Does it make a difference if 

the criminal charges are state or Federal? 

Will the foreign government cooperate if 

you share custody with the other parent? 

National Center for Missing & Exploited 

Children. NCMEC also maintains information 

similar to that which is maintained by CI. This 

includes information on prevention resources 

(particularly relating to non-Hague countries), 

and maintains statistics on cases reported to 

NCMEC. Call NCMEC (800–843–5678) for 

more information. 

If you have made the case for prevention 

provisions, how do you know which 

ones to request? 

The sample prevention provisions listed below, 

and others you may think of, may be used alone 

or in combination. The challenge is to decide 

which ones are most likely to prevent the other 

parent from abducting or wrongfully retaining 

your child. Your lawyer needs your input to 

make appropriate choices. Describe the wouldbe abductor. Is he or she a citizen of another 

country? Does he or she have relatives living 

10

times), or if different terminology is used (e.g., 

parenting time or joint custody), when and 

with whom the child is to be at all times. 

Statement of the penalties for violating the 

order on the first page of the order. Include a 

provision, prominently placed on the first page 

of the order, stating unambiguously that violation of the order may subject the violator to 

civil and/or criminal penalties. Ask the judge to 

advise the parties while they are in court about 

the possible consequences of noncompliance. 

Supervised visitation. Unless a court suspends 

visits altogether, some situations warrant 

supervised visitation, such as when an abduction has previously occurred or abduction 

threats have been made, when there is evidence 

of domestic violence or child abuse, and when 

there is a possibility that the child will be abducted to or kept in a country from which recovery would be extremely difficult. Ask the 

judge to allow visits only at a designated place 

(e.g., the custodial parent’s home or a supervised visitation center), at designated times, and 

under the supervision of a person designated by 

the court (such as a social worker, clergyman, 

or relative). 

For referral to a supervised visitation center in 

your area, check the Web site of the Supervised 

Visitation Network’s clearinghouse at www. 

svnetwork.net. 

No-removal clause. Restrict the noncustodial 

parent’s right to remove the child from the state 

and/or country without prior consent of the 

court or written consent of the custodial parent. 

Such a restriction enables a parent to prevent 

issuance of a U.S. passport for the child. (See 

“Apart from asking a judge to include prevention measures in a court order, what else can a 

parent do to reduce the risk of abduction?” on 

page 14.) 

C

h

a

pter O

ne 

Caveat: This provision will not prevent issuance 

of a passport by another country if the child is a 

national of that country. 

A restraining order that prohibits a potential abductor from 

removing a child from the country can be very helpful. Such 

an order was instrumental in our case.Without it, the state 

may not have issued a warrant at all. 

—Jean Henderson 

Surrender of passports and other travel documents. Require the noncustodial parent to surrender all passports—belonging to both the 

parent and the child—in his or her possession to 

a person designated by the court before visiting 

the child. But be aware that this requirement is 

no guarantee that the abductor will not flee 

with the child. 

Prohibition on application for a new or replacement passport for the child. Prohibit the 

noncustodial parent from applying for a new or 

replacement passport for the child without prior 

written consent of the custodial parent or the 

court. 

Caveat: Foreign governments are not bound by 

U.S. custody orders and may issue passports to 

children who are their nationals. 

Notification of the foreign consulate of passport restrictions. The court may direct the 

foreign parent to notify his or her embassy or 

consulate of the order prohibiting issuance of a 

new or replacement passport for the child and 

require the parent to furnish the court with a 

letter from the foreign embassy or consulate 

acknowledging receipt of the order. Although 

foreign governments are under no legal mandate to do so, they may comply voluntarily with 

U.S. court orders. 

Mirror image order. As a condition prerequisite 

to allowing a child to travel abroad for visits, the 

court may require the noncustodial parent to obtain an order from a court in the country where 

11

the visits are to occur with the same terms as the 

U.S. custody order. 

Caveat: Although courts in a few countries (probably limited to Australia, Canada, New Zealand, 

and the United Kingdom) may issue identical 

orders without reopening the custody and visitation issues on the merits, courts in many other 

countries may exercise custody jurisdiction and 

change the underlying order or ignore provisions that conflict with their internal laws. To 

gauge the possible risks involved, it is a good 

idea to consult a knowledgeable attorney in the 

foreign country before asking a U.S. judge to 

require the other parent to obtain a mirror order. 

General information on the laws of the foreign 

country in question may be available from the 

National Center for Missing & Exploited Children, the Office of Children’s Issues in the U.S. 

Department of State, or the foreign embassy or 

consulate. Be aware that some countries lack the 

legal mechanisms to enforce even their own 

orders. In that circumstance, a mirror image 

order might not serve its intended purpose. 

Assurances of return from foreign visits. Visits abroad can offer children the opportunity to 

spend time with relatives and to experience 

another culture. Yet a custodial parent may be 

hesitant to allow a child to travel abroad for 

fear the child will not be returned at the end of 

the visit. Certain court orders address this concern. In conjunction with allowing visits to occur in another country, a court may require a 

noncustodial parent to give assurances that the 

child will be returned. For instance, a court 

may order a noncustodial parent to provide the 

custodial parent with the child’s travel itinerary 

(e.g., copies of the child’s round-trip airline ticket), a list of addresses and telephone numbers 

where the child will be staying, and an open 

airline ticket for the custodial parent in case the 

child is not returned. The court also may require the noncustodial parent to post a bond 

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

(see page 13) or to obtain a mirror image order 

in advance. 

Definition of terms in the custody determination to facilitate use of the Hague Convention 

on the Civil Aspects of International Child 

Abduction. Include a provision in the custody 

order declaring the United States to be the 

child’s “country of habitual residence.” Although 

this would not bind a foreign court applying the 

Hague Convention, it may be persuasive. Determining the child’s country of habitual residence is important for several reasons: First, 

the Hague Convention remedy is available only 

if the child is wrongfully removed from or retained outside of his or her country of habitual 

residence; second, the laws of the child’s country of habitual residence determine whether a 

removal or retention is wrongful, and thus actionable, under the Hague Convention; and 

third, a child is normally ordered returned to 

the country of habitual residence. 

Also include language in a U.S. custody order 

expressly granting you the right to determine 

the child’s place of residence. Again, while not 

binding, this may help clarify for a foreign court 

that you have “custody rights” within the meaning of Article 5 of the Hague Convention, and 

thus the right to seek the child’s return. 

Restrictions on the custodial parent’s right 

to relocate with the child. A noncustodial parent may be concerned that a custodial parent’s 

move to a foreign country may make visitation 

impractical (e.g., too costly or infrequent) or 

impossible (e.g., the foreign country may not 

honor an American custody/visitation order). To 

protect visitation rights, a noncustodial parent 

may seek a provision in the custody determination requiring the custodial parent to give advance notice or obtain the court’s permission 

before relocating with the child. Some courts 

applying the Hague Convention have interpreted such provisions as granting custody rights, 

12

which in turn have allowed noncustodial parents 

to seek a child’s return under the Hague Convention. This is a much more effective remedy 

than otherwise provided for in Article 20 of 

the Hague Convention when access rights are 

violated. 

Caveat: There is a growing body of case law in 

the United States concerning the right of a custodial parent to relocate with the child. The 

trend favors allowing relocation. Noncustodial 

parents and their lawyers should review state 

law to find out what standards, tests, and/or 

presumptions apply in their state. 

Anticipation of future moves in the custody 

order. Parents can avoid postjudgment litigation by anticipating future moves in the initial 

custody order. For instance, foreign moves may 

be expressly authorized, along with changes in 

visitation that reflect the time, distance, and 

expense involved in international visits. The 

order should also require that parents keep 

each other informed of new addresses and 

telephone numbers. 

Bonds and other guarantees. When there is a 

risk of child abduction or noncompliance with 

the provisions of a custody or visitation order, 

ask the court to require a parent to post a bond 

(or give some other security or guarantee) to 

ensure compliance. Some states have enacted 

laws governing issuance of bonds in child custody cases. In other states, courts have inherent 

power to order a party to post a bond to protect 

the integrity of their orders. Information on 

obtaining child custody and visitation bonds is 

available from the Professional Bail Agents of 

the United States, listed in the “Directory of 

Resources” section of this guide. 

Bond should be set in an amount sufficient to 

deter an abduction or wrongful removal, taking into account the financial circumstances of 

the obligor parent (the parent who posts the 

C

h

a

pter O

ne 

bond). A wealthy parent may be required to 

post a very substantial cash bond (e.g., $100,000 

or more). A parent with limited resources may 

be ordered to post a small bond or to deposit 

title to real or personal property (e.g., a car) 

with the court in lieu of a cash bond. The property would be held in escrow pending compliance with the order (e.g., return of the child). 

The obligor forfeits the bond if he or she 

abducts the child or otherwise violates its conditions. Upon forfeiture, the money or property 

should be released to the obligee (the parent 

whose custody or visitation rights have been 

violated). The obligee may have to file a motion 

with the court to hold the obligor parent in 

contempt and to order payment on the bond. 

Joint custody orders. Although increasingly 

popular, joint custody orders should be avoided 

when (1) there is a history of family violence 

or parental kidnapping; (2) one parent opposes 

it; (3) there is friction between the parents; or 

(4) the parents live in different states or 

countries. 

If joint custody is ordered, the custody order 

should be very specific about the child’s residential arrangements. Specificity is particularly 

important for enforcement purposes. Courts 

need to know what they are enforcing, and law 

enforcement officers are reluctant to intervene 

in an alleged custodial interference case if the 

court order is vague about where and with 

whom the child should be. 

Law enforcement assistance. Many law enforcement officers are unclear about their role 

in preventing and responding to parental kidnapping cases. A provision in the custody order 

directing law enforcement officers to take specific actions may produce faster, more effective 

assistance for you. One useful provision directs 

the police to “accompany and assist” the victim 

parent in recovering the child. If an abductor 

13

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

Q 

succeeds in removing the child from the United 

States, such a provision in a U.S. court order 

is not binding on foreign law enforcement, although it may influence their actions. 

UCCJEA clarifies law enforcement’s role in 

certain circumstances. A court may direct law 

enforcement to pickup a child (see page 6), or 

law enforcement may assist prosecutors in locating and recovering abducted children (see 

page 58). 

Prohibition of unauthorized pick up of the 

child. Prohibit the noncustodial parent from 

picking up the child from school, daycare centers, and babysitters, unless the custodial parent 

gives written permission. 

Apart from asking a judge to include 

prevention measures in a court order, 

what else can a parent do to reduce the 

risk of abduction? 

Ask the Office of Children’s Issues in the 

Department of State to flag a U.S. passport 

application for your child and/or to deny issuance of a U.S. passport for your child. If 

you fear that your child may be taken abroad 

by the other parent without your consent, you 

may request that CI enter your child’s name 

into the Children’s Passport Issuance Alert Program. Then, if a passport application for the 

child is received anywhere in the United States 

or at any U.S. Embassy or consulate abroad, 

you will be informed before a passport is issued 

for the child. You can also ask CI to deny issuance of a passport for your child if you have a 

court order from a court of competent jurisdiction that either grants you sole custody or that 

forbids the child from traveling outside the 

United States without your court’s consent. 

Parents should be aware of a recent change in 

passport law that is meant to deter international 

parental kidnapping by limiting a parent’s ability to obtain a child’s passport without the other 

14


parent’s knowledge and consent. The Two Parent Signature law requires both parents to sign 

the passport application for a minor child under 

age 14. There are two exceptions: when exigent 

circumstances threaten the health and welfare 

of the child, or when the Secretary of State 

determines that issuance of a passport is warranted because of special family circumstances. 

Implementing regulations address how one parent can execute an application when the other 

parent is unavailable. 

Information about the Children’s Passport 

Issuance Alert Program is available at www. 

travel.state.gov/passport/passport_1738.html. 

Under “Passport Policy Information,” click on 

“Family and Children’s Passport Issues,” then 

“Children’s Passport Issuance Alert Program,” 

then “Passport Assistance.” 

To inquire about a child’s U.S. passport, have 

your child’s name entered in the Children’s Passport Issuance Alert Program, or to block issuance of a child’s passport, you may send a 

written request, by mail or fax, to the Office of 

Children’s Issues. Provide the child’s full name, 

date and place of birth, your address, telephone 

number(s), and signature. If you have a custody 

order, send a copy. Also include a copy of the 

child’s birth certificate to establish parentage, as 

well as an I.D. of yourself (preferably showing 

your signature and a photo). You may use the 

form at the end of this chapter. 

You cannot get passport information about the 

other parent. But both parents may request 

information about their child’s U.S. passport 

absent a court order to the contrary. 

Grounds for revocation or restriction of passports. 

Authority to revoke or restrict a U.S. passport 

is contained in §§51.70, 51.71, (denial of passports to certain convicted drug dealers) and/or 

51.72. A passport for direct return to the United States only (§§51.72) may be issued when 

the applicant: 
❉ has an outstanding federal felony arrest 

warrant. 

❉ is prohibited from travel outside the U.S. as 

a condition of a criminal court order, parole, 

or probation. 

❉ is confined to a mental institution by court 

order. 

❉ is subject to request for extradition. 

❉ is under a subpoena in a felony criminal 

proceeding 

❉ is indebted to the U.S. 

❉ owes arrears of child support in excess of 

$5,000. 

A passport can be revoked if it was originally 

obtained illegally or by fraud, if it has been 

fraudulently altered or misused, or if the holder’s Certificate of Naturalization was canceled 

by a federal court. 

Passport holds for children. Authority for passport issuance for minors is contained in §51.72. 

For minors under the age of 14, both parents 

must sign the application for the passport unless the applicant falls into one of the exceptions where one parent or guardian may sign 

the application. The U.S. Department of State 

(the Department) will not issue a passport if a 

court order is presented stating that the child 

may not travel outside the U.S. until further 

order of the court (or similar language), if a 

parent or guardian to whom sole custody has 

been awarded has not signed the passport application, or if there are conflicting custody 

orders for a child under 18 years old. An application will be disapproved upon receipt of a 

written objection from a person having legal 

custody of a minor even where there is no custody dispute. 

Passport Issuance Alert System. The proposed 

rule is currently subject to comment; the final 

rule is not published. 

C

h

a

pter O

ne 

The Children’s Passport Issuance Alert Program (CPIAP) provides a mechanism for parents whose parental rights have been terminated by court order or other persons having legal 

custody of a minor to obtain information regarding whether the Department has received a 

passport application for a minor. When the Department receives an application for a new, 

replacement, or renewed passport for a minor 

whose name has been entered in CPIAP, the 

passport office will place a hold on the application for up to 60 days and inform the Bureau of 

Consular Affairs/Overseas Citizens 

Services/Office of Children’s Issues 

(CA/OCS/CI). CI, in turn, will notify the requestor that the Department has received the 

application, thus permitting the requestor an 

opportunity to object to passport issuance 

and/or to provide any necessary additional supporting documents to the Department for further consideration. The Department will decide 

whether or not it has sufficient documentation 

on file to deny passport issuance. 

Complications of dual nationality. A child who 

is a U.S. citizen may also be a citizen of another 

country. This may occur through the child’s 

birth abroad, through a parent who was born 

outside the United States, or through a parent 

who is a naturalized citizen of another country. 

A dual national child may be eligible to hold or 

be included in a foreign passport in addition to 

holding a U.S. passport. Although the Department of State will make every effort to avoid 

issuing a U.S. passport if the custodial parent 

has provided a custody decree, the Department 

cannot prevent embassies and consulates of 

other countries from issuing passports to children who are also their nationals. However, you 

can request the cooperation of the foreign government if your child is a dual national. Although the foreign government is not legally 

required to help you (or even to comply with 

U.S. court orders directing or requesting it not 

15

to issue passports for the child), it may do so 

voluntarily. 

If your child is a dual national, write to the 

embassy or consulate of the foreign country. 

Ask the foreign government not to issue a passport for your child, and request to be notified if 

it receives an application for a passport or visa 

for your child. Send a certified copy of your 

custody decree with your letter. Send a copy of 

your letter to CI. Ask CI to write to the foreign 

government in support of your request. 

Take pictures of your child. Law enforcement 

officials report that a current, high-quality photograph of a child is the single most effective 

tool in finding a missing child. Take profile 

shots as well as front poses. Buy annual school 

photos of your child. Take videos. 

Keep a complete written description of your 

child. Include hair and eye color, height, weight, 

date of birth, birthmarks, other unique physical 

attributes, and other features such as glasses, 

contact lenses, braces, pierced ears, and tattoos. 

Record your child’s Social Security number. 

Internal Revenue Service rules require all children older than 1 year of age to have a Social 

Security number if they are claimed as an 

exemption on their parents’ tax return. Write 

the number down and keep it in a safe place. 

Have your child fingerprinted. Most police 

departments provide this service at no charge. 

They do not keep the child’s prints on file; you 

will be given the fingerprint card for safekeeping. 

Teach your child to use the telephone. Your 

child needs to know how to use the telephone to 

call for help. Teach your child your home and 

work telephone numbers, including area codes. 

You should also show your child how to call an 

operator in an emergency. Tell the child you will 

accept collect calls. (If your workplace prohibits 

employees from taking collect calls, talk to the 

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

office manager about making an exception.) Reassure your child that you will always love him 

or her no matter what someone else may say. 

Consider counseling. Counseling may help you 

and the other parent make smooth transitions at 

stressful times (e.g., the initial separation, filing 

of legal paperwork, issuance of final custody or 

divorce decrees, and the beginning of romantic 

relationships), which have been known to trigger abductions. Child Find of America, Inc., a 

nonprofit organization serving missing children 

and their families, offers telephone counseling 

for parents who are considering abducting their 

own children and for those who have already 

abducted but are now seeking to restore the child 

to his or her pre-abduction situation. Mediation, 

support services, and referrals to other organizations are also available. (Contact information for 

Child Find is in the Directory of Resources 

section of this guide.) 

Ask the police or prosecutor to intervene. If a 

parent (or anyone else) threatens you, your 

child, or another family member, do not hesitate 

to notify your local police department or prosecutor. Do not ignore abduction threats, especially if the parent making the threats has recently 

quit a job, sold a home, terminated a lease, 

closed a bank account, or taken any other action in preparation for flight. Such threats may 

indicate a growing frustration that may trigger 

an abduction. Ask the police or the prosecutor 

to inform the parent that taking a child is a 

crime punishable by imprisonment, fine, or 

both. You may be able to get a protection order under local law. 

Notify schools, daycare centers, and babysitters of custody orders. Give certified copies 

of your custody decree to your child’s school, 

daycare providers, and babysitters. If you fear 

an abduction, tell the principal and guidance 

counselor and ask them to alert teachers and 

school staff. Give them a photograph of the 

16

noncustodial parent. Ask to be alerted immediately if the noncustodial parent makes any 

unscheduled visits or if the child fails to arrive 

at school, daycare, or afterschool programs. 

Instruct them not to allow the child to leave the 

grounds without your permission. 

Make a list of personal information about the 

other parent. Include the other parent’s address, telephone number(s), Social Security or 

citizen identification number, driver’s license 

number, passport number, credit cards, bank 

accounts, birth date, and place of birth. Gather 

the same information for relatives and friends— 

in the United States and abroad—who might 

help the abductor carry out an abduction. This 

information will not prevent an abduction, but 

having it can simplify efforts to locate the abductor and recover the child should an abduction occur. 

Flag airline records. Contact airlines the abductor might use to leave the country and ask 

for their cooperation in alerting you promptly if 

reservations are made or tickets issued in the 

child’s name. Consider having your lawyer contact the airlines on your behalf. If necessary, 

your lawyer may seek a court order to require 

airlines to flag records pertaining to the child. 

C

h

a

pter O

ne 

17

__________________________________________________________________________________ 

__________________________________________________________________________________ 

__________________________________________________________________________________ 

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

Entry Into the Children’s Passport Issuance Alert 

Program 

REQUEST FORM. Complete one form for EACH child, and submit the completed and SIGNED 

request to the Office of Children’s Issues by mail or fax. 

1. Please provide information about each child in order to make the alert system effective. 

Please print clearly or type the information. 

Child’s full name: __________________________________________________________________ 

Date of birth: ______________________________________________________________________ 

Place of birth: ______________________________________________________________________ 

Sex: ______________________________________________________________________________ 

Social Security number: ______________________________________________________________ 

U.S. passport number(s): ____________________________________________________________ 

Foreign passport number(s): __________________________________________________________ 

List any other country(ies) involved: __________________________________________________ 

2. Please provide the following information about yourself so that we can acknowledge your 

request and alert you in the future. 

Your name: ________________________________________________________________________ 

Relationship to the child above:________________________________________________________ 

Mailing address: ____________________________________________________________________ 

Telephone numbers/fax numbers: ______________________________________________________ 

3. I request that my child’s name, as shown above, be entered into the Children’s Passport 

Issuance Alert Program. Please notify me of any pending U.S. passport applications and 

any U.S. passports still valid for travel. 

Signed: ______________________________________________ Dated: ______________________ 

(Customary legal signature of parent or guardian) 

Please read the Dual Nationality for Children information (available on CI’s Web site: www.travel.state.gov/ 

passports. Click on “Family and Children’s Passport Issues,” then “Children’s Passports”) if your child has a claim 

to nationality from another country in addition to U.S. citizenship. 

Please mail or fax the completed, signed form(s) to the Office of Children’s Issues, SA–29, 2201 C Street NW., 

4th Floor, Washington, DC 20520; fax: 202–736–9133. Include a copy of a document such as a birth certificate 

or court order of guardianship/custody that shows the relationship between the child and objecting parent.You will 

receive written acknowledgment and information. 

18

❉ An ounce of prevention is worth a pound of cure. 

❉ You may ask the court to include prevention provisions, like the ones listed in this chapter, in your initial or 

modification custody order. (See pages 6–7, 10–14.) If an abduction is imminent or in progress, you may ask 

the court to issue a pick up order (see page 6 ). 

❉ To decide whether prevention measures are needed, evaluate three factors: first, the risk of abduction; second, the obstacles you will encounter trying to recover your child; and third, the potential harm to the child 

if an abduction occurs. More restrictive preventive measures will be needed when the risk of abduction is 

high, when the obstacles to recovering your child would be difficult to overcome, or when the abduction is 

likely to be particularly harmful to the child. When the risk of abduction is low and the likelihood of recovery 

high, less restrictive measures may be all you need. 

❉ To assess whether there is a risk of abduction, consider whether any of the red flag warning signals 

described in this chapter are present and whether the would-be abductor matches any of the personality 

profiles described in the text. (See pages 5–6.) 

❉ Gather information from the sources listed in this chapter to create a picture for the court about the kinds 

of problems you would likely encounter if you had to recover your child from another country. Use this 

information to craft appropriate safeguards. 

❉ There are many things you can do without a lawyer’s help to reduce the risk of abduction. They are listed in 

this chapter. (See pages 14–17.) 

C

h

a

pter O

n

KEY POINTS 

e 

19

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

NOTES __________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

20

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

C

h

a

pter O

ne 

21

C

h

a

pter Two 

Q 

2. Urgent Cases: Stopping 


an Abduction in Progress


What do you do if you discover your child has been abducted and believe the abductor is still in flight—driving toward the border, heading to 

an airport, traveling on an airplane bound for another country, or transiting through a foreign country en route to a final destination? 

This chapter outlines steps to take immediately upon making the discovery that your child has been abducted, when you believe there is still 

time to stop the abductor. If the abductor’s scheme is discovered while he or she is still in flight, government authorities in the United States and 

abroad have a very narrow window of opportunity to stop the abduction. They must act swiftly and in concert. It is up to the searching parent 

to set the response in motion, and then to maintain close and frequent contact with relevant authorities to promote fast action. 

You must act quickly; time is of the essence. Although some abductors may not leave the country right away, law enforcement and other authorities should be alerted without delay. This at least raises the possibility of stopping the abductor and recovering the child before they leave 

the country or as they enter, leave, or transit another country. 

Often, it is too late to stop an abduction in progress; the abductor is long gone before the searching parent discovers what has happened. Even if 

this describes your situation, the background information in this chapter about the Federal Bureau of Investigation (FBI), National Crime Information Center (NCIC), and INTERPOL may be of interest. 

Frequently Asked Questions 

Can an abductor be stopped from leaving this country?


What is an AMBER Alert, and can it be used to stop an international abduction in progress?


What are the roles of the FBI, NCIC, DHS, and INTERPOL in stopping an abduction in progress 


and in international parental kidnapping cases generally?


Can an abductor be stopped at a foreign port of entry?


What should you do on discovering an abduction in progress?


What is the next step if interdiction fails and the abductor succeeds?


23

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

Q Can an abductor be stopped from from departing the country. For more information, see “About the DHS Prevent Departure 

Program” on page 27.

leaving this country? 

Yes, it is possible to stop an abduction in progress. As a general rule, law enforcement efforts Q What is an AMBER Alert, and can it be 

used to stop an international abduction 

in progress? 

to stop an abduction in progress in the United 

States are directed at intercepting and detaining 

an abductor for violating state or federal criminal law. Unless there is a criminal warrant or 

facts supporting probable cause to arrest for a 

state or federal criminal law violation, it is unlikely that an abduction in progress can be 

stopped and a child intercepted. 

AMBER Alert is a voluntary partnership involving law enforcement agencies, broadcasters, and 

transportation agencies. During an AMBER 

Alert, an urgent news bulletin is broadcast over 

the airwaves, as well as on highway alert signs, 

to enlist the aid of the public in finding an abCaveat: You may find it difficult to get law en- ducted child and stopping the perpetrator. 

forcement and/or prosecutors to open an investigation, let alone charge the abductor with a 

criminal law violation (which you may not want 

to do anyway, for reasons discussed in chapter 

5), in time to stop an abduction in progress. 

AMBER Alerts are issued by a law enforcement agency in cooperation with the media only 

if the circumstances surrounding a child’s disappearance meet local or state AMBER Alert 

criteria. An international child abduction that 

meets the criteria may trigger issuance of an 

AMBER Alert. If issued, an AMBER Alert 

may be instrumental in stopping an abductor 

before he or she is able to leave the country. 

If an abduction is not being treated as a criminal matter, it still may be possible to stop an 

abductor from leaving the country. When a 

child is at risk of an imminent abduction or 

harm, a judge may issue a pickup order and 

direct law enforcement to take physical custody 

of a child. Or, if a civil court order prohibits 

removal of a child from the United States, a 

parent or law enforcement official can contact 

the airport authority police, who may assist in 

intercepting the abductor. Or, intercepting the 

abductor and child may depend on a chance 

inquiry of the National Crime Information Center (NCIC) Missing Person File (NCIC checks 

are not done routinely on travelers leaving the 

United States), a record on your child being in 

that file, and then rapid communication and 

coordination among law enforcement authorities to arrange for picking up the child. Or, the 

Department of Homeland Security (DHS)


“Prevent Departure Program” may be used to 

stop alien abducting parents or alien children 

The U.S. Department of Justice recommends 

the following criteria for AMBER Alert programs nationwide: 

Law enforcement officials must have reason 

to believe that an abduction of a child age 

17 years or younger has occurred. 

Law enforcement officials must believe that 

the abducted child is in imminent danger of 

serious bodily injury or death. 

Enough descriptive information about both 

the victim and the abductor must be available for an AMBER Alert to assist in the 

recovery of the child. 

The child’s name and other critical data,


including the child abduction (CA) flag,


must be entered into the NCIC system. 

❉

❉

❉

❉

24 
Chapter Two 

foreign law enforcement authorities, the FBI’s 

Legal Attache program, and INTERPOL.

In international parental kidnapping cases, 

concerned parents should contact their FBI 

field office and ask to speak with a special 

agent designed as a Crimes Against Children 

coordinator.

About NCIC. The FBI maintains the National 

Crime Information Center computer. NCIC is a 

computerized database available around-theclock, every day of the year, to federal, state, 

and local law enforcement authorities for criminal law enforcement purposes. Prompt NCIC 

entries about the child and the abductor into 

appropriate NCIC files improve the chances of 

detection in the United States.

NCIC Missing Person File (NCIC–MPF). The 

National Child Search Assistance Act (42 

U.S.C. §§ 5779–5780) requires every federal, 

state, and local law enforcement agency to report each case of a missing child under the age 

of 18 to NCIC. State law enforcement agencies 

are prohibited from maintaining any waiting period before accepting a missing child report and 

are required to enter missing children reports 

immediately into both the state law enforcement 

system and the NCIC Missing Person File. 

Child abduction cases should be entered into 

the NCIC Missing Person File in either the 

endangered or involuntary category, and the 

CA flag should be entered. If an AMBER Alert 

is issued, the AMBER Alert flag (AA) should 

also be entered in the record.

You do not need a custody order to report your 

child missing or for law enforcement to enter your 

child into NCIC–MPF. The abductor does not 

have to be charged with a crime. If you have 

problems getting your child entered into NCIC, 

contact the National Center for Missing & 

Exploited Children (NCMEC) or your state 

missing children clearinghouse for assistance.

Q 

If a case does not meet the criteria, other investigative tools will be employed, and in some 

instances media may be called on to help. 

What are the roles of the FBI, NCIC, DHS, 

and INTERPOL in stopping an abduction 

in progress and in international parental 

kidnapping cases generally? 

About the FBI’s role in international parental 

kidnapping cases. In 1997, the FBI established 

the Crimes Against Children Unit (CACU) to 

focus on crimes against children, including 

child abduction. The FBI has jurisdiction to 

investigate both interstate and international 

parental kidnapping cases under the Fugitive 

Felon Act (18 U.S.C. § 1073) and the International Parental Kidnapping Crime Act (IPKCA) 

(18 U.S.C. § 1204). (Both of these laws are 

described in chapter 5.) A parent, local law 

enforcement officer, or both may contact the 

FBI for help when an international parental 

kidnapping occurs. 

FBI policy requires that initiation of any criminal process in international parental kidnappings be made on a case-by-case basis, in consultation with the U.S. Departments of Justice 

and State, the searching parent, and the affected state and federal law enforcement agencies 

and prosecutors. 

The FBI agent may treat an abduction in progress as a Fugitive Felon matter or a possible 

International Parental Kidnapping Crime Act 

violation and open a preliminary or full investigation. The case is investigated as any other 

involving a criminal fugitive who is attempting 

international flight. The FBI works with the 

lead prosecutor and local investigator. 

The FBI has no investigative jurisdiction outside the United States, except on the high seas 

and in other locations specified by Congress. 

Therefore, assistance in locating missing children in other countries is limited to liaison with 

25

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

NCIC files on the abductor. The abductor may 

also be entered in various NCIC files, including 

the Vehicle File, License Plate File, the Missing 

Person File (in some jurisdictions), the Wanted 

Person File (if a warrant is issued), and the 

Protection Order File. All NCIC records pertaining to the child and abductor should be 

cross linked.

NCIC entries may result in detecting the abductor or abducted child. Local, state, and federal 

criminal justice agencies throughout the United 

States can use the NCIC computerized database to help apprehend an abductor and locate 

an abducted child.

If an abductor is stopped for speeding, his or 

her license may be run through NCIC. Any 

warrants in the system for the abductor will 

come up, and the abductor will be subject to 

arrest. If the NCIC record cross-references an 

NCIC–MPF file on the child, law enforcement 

authorities may detain the child temporarily 

pending notification to and instructions from 

the law enforcement office that made the missing person entry.

Although far from routine, suspicious circumstances might prompt an officer to run the 

child’s name through NCIC. This would turn 

up the Missing Person File and lead to notification of the law enforcement agency seeking to 

locate the child.

About DHS. The Department of Homeland 

Security (DHS) was established in 2002 in 

response to the terrorist attacks on the United 

States on September 11, 2001. Border protection functions once carried out by the U.S. 

Customs Service and the Immigration and 

Naturalization Service are now performed by 

two new agencies within DHS: U.S. Customs 

and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE). The

“eyes and ears” at U.S. borders, CBP and ICE 

may stop abductors from leaving or entering 

this country.

Both CBP and ICE have access to NCIC via a 

computerized database called the Interagency 

Border Inspection System (IBIS). Although 

travelers departing the United States typically 

do not encounter exit controls (airlines, not the 

federal government, require you to present a 

passport), DHS/CBP personnel may conduct 

spot checks at U.S. borders and international 

airports, which could result in intercepting an 

abductor as he or she leaves the country. The 

DHS Prevent Departure Program (see page 

27) may stop alien children and alien abductors 

from leaving the country. Travelers entering the 

United States are subject to greater scrutiny by 

inspection personnel. IBIS checks may detect 

an abductor as he or she reenters the country, 

with or without the child. 

If, pursuant to an NCIC inquiry, an abducted 

child is identified at a land border, at an airport 

in the United States, or in a traffic stop, law enforcement authorities (e.g., the FBI, CBP/ICE 

personnel, or port authority police) would temporarily detain the child and notify the originating agency that the child has been located. It is 

then up to that law enforcement agency to respond. Possible responses include (1) picking 

up the child and bringing the child before the 

court of jurisdiction, which would either return 

the child to the left-behind parent or make other placement arrangements, or (2) notifying the 

searching parent of the child’s whereabouts and 

leaving recovery up to that parent. (The abductor would be subject to arrest pursuant to any 

outstanding criminal warrants.) 

If local law enforcement fails to respond, there 

is still a chance the abductor could be detained 

if, upon further questioning by federal authorities, it is determined that a violation of federal 

criminal law (e.g., the International Parental 

26

Kidnapping Crime Act or the Fugitive Felon 

Act) has occurred. Upon the abductor’s arrest, 

the child would be turned over to appropriate 

state authorities. If further questioning does not 

support federal criminal charges, there is no 

basis under federal criminal law to continue to 

detain the abductor and child and they would 

be free to go. 

About the DHS Prevent Departure Program. 

The DHS Prevent Departure Program, created 

in the aftermath of 9/11 to stop non-U.S. citizens from departing the country, may be an 

effective tool to stop an abduction in progress. 

The program only applies to aliens. It is not 

available to stop U.S. citizens or dual U.S./ 

foreign citizens from leaving the country. 

Law enforcement officers and State Department’s Office of Children’s Issues (CI) abduction officers (not parents) can request an alert 

for an alien abductor and/or alien child by contacting the DHS National Targeting Center, 

703–391–1733. It may take up to 2 days to be 

added to the alert list, although urgent cases 

may be handled much faster (in a few hours) 

on request. 

If the abductor and child are identified, they 

will be denied boarding. To detain them after 

boarding is denied, there must be a court order 

prohibiting the child’s removal or providing 

for the child’s pickup, or a warrant for the 

abductor. 

About the U.S. National Central Bureau 

(USNCB)—INTERPOL. USNCB– 

INTERPOL serves federal, state, and local law 

enforcement, as well as foreign police (not parents). It is accessible 24 hours per day, 7 days a 

week, every day of the year. USNCB can immediately contact appropriate U.S. and foreign 

law enforcement authorities in an effort to halt 

an abduction and to recover a child. Specifically, USNCB–INTERPOL can transmit mesChapter Two 

sages, called “diffusions,” at any time to one or 

any number of other national central bureaus 

(178 countries have national central bureaus). 

Diffusions can ask police authorities in those 

countries to search for a fugitive charged with a 

crime; to trace and locate an abductor, whether 

or not charged with a crime; and/or to locate 

and determine the safety and welfare of a missing or abducted child. USNCB can also communicate requests for foreign investigative assistance in abductions that have already 

occurred.

If an abductor and child have entered a foreign 

country and their location is unknown, USNCB, 

on behalf of U.S. law enforcement, can also request issuance of INTERPOL “color-coded 

notices” to search for them internationally. 

Red, blue, and yellow notices are issued at 

INTERPOL’s international headquarters in 

France at the request of a national central bureau. The process takes at least several months.

Red notices seek persons wanted for extradition. 

Blue (trace and locate) notices seek persons, 

including abductors, whether or not they have 

been charged with a crime. Yellow (missing 

person) notices seek missing persons, including 

abducted children. Each notice provides all 

INTERPOL countries with a given person’s 

case and identification information and asks 

any country locating the person to notify the 

requesting country immediately so that it may 

request extradition, facilitate a request for the 

child’s return under the Hague Convention, or 

take another action, as appropriate. Foreign law 

enforcement agencies respond to diffusions and 

color-coded notices in accordance with their 

own laws and practices.

Can an abductor be stopped at a foreign 

port of entry?

There may not be enough time to organize and 

implement an effective interdiction effort in the

Q 

27

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

United States. If the abductor escapes detection 

and manages to leave the United States despite 

urgent interdiction efforts, it may still be possible to intercept the abductor and recover the 

child abroad. 

Successful interception abroad (i.e., stopping an 

abductor from entering, transiting, or leaving 

another country with the abducted child) depends on rapid communication and cooperation 

between authorities in the United States and 

the foreign country and a willingness on the 

part of authorities in that country to arrest, 

detain, or return the abductor or to take measures under their own law to protect the welfare 

of the abducted child. 

The authorities in the United States likely to be 

involved in coordinating with foreign authorities are the FBI, USNCB–INTERPOL, the 

Justice Department’s Office of International 

Affairs (OIA) and CI. The authorities in the 

foreign country likely to be called on are law 

enforcement and immigration officials and the 

foreign central authority for the Hague Convention on the Civil Aspects of International 

Child Abduction. 

If there are criminal charges. If the abductor is 

charged with a state or federal crime, the State 

Department may submit an urgent request to 

the foreign government for the abductor’s “provisional arrest with a view toward extradition.”


The FBI should also coordinate with the State 

Department to revoke the abductor’s U.S. passport and other travel documents. If done quickly


enough, the abductor would arrive in the foreign country undocumented and could be refused entry and/or ordered back to the United 

States. 

Q 

Abductions in progress to Hague countries. If 

the destination country is a party to the Hague 

Convention on the Civil Aspects of International Child Abduction, the foreign government may 

28 

Reality check. While the U.S. Government may 

ask for cooperation in intercepting the abductor 

and victim child at a foreign port of entry, it 

cannot dictate how a foreign central authority 

or law enforcement and immigration authorities 

respond. The response may depend on the nationality or gender of the abductor or child or

on other intangibles over which a left-behind

parent has no control, and any of which may 

make a bid to stop an abduction in progress 

futile. 

be willing (though not required) to take the 

child into protective custody upon his or her 

arrival in that country if a Hague application 

for the child’s return is filed on an urgent basis. 

CI, which acts as the U.S. Central Authority 

for the Hague Convention, would coordinate

with its counterpart central authority in the

destination country. 

Non-Hague countries. Authorities in countries 

not party to the Hague Convention may have 

power under their own laws to protect an abducted child even if there are no criminal charges 

pending against the abductor. CI would take 

the lead in requesting urgent assistance to intercept a child. CI would work with the FBI and/or 

local law enforcement authorities to coordinate 

with USNCB–INTERPOL for immediate dissemination of diffusion messages to put foreign

authorities on alert for the abductor and child. 

What should you do on discovering an


abduction in progress?


Contact government officials and organizations


without delay to urge them to do whatever they


can to stop an abduction in progress. Use the


action checklist on the next page. Keep detailed

records of the contacts you make. Try to get a 

pickup order on an urgent basis. (See page 6, 

“If an abduction is imminent or in progress, is 
there anything a judge can do to prevent or 

stop it?”)

What is the next step if interdiction fails 

and the abductor succeeds? 

If the abductor and child take up residence 

in another country, the remedies available to 

recover your child will depend on a combination of U.S. treaty law and the laws, case precedents, procedures, and customs of the other 

country. (Civil and criminal remedies for seeking return to the United States of children 

abducted to other countries are the topics of 

chapters 4 and 5.) 

C

h

a

pter Two 

Q 

29

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

Action Checklist

1. Contact local law enforcement without delay. 

File a missing person’s report on the abducted child. Ask the police to enter your child into the 

FBI’s National Crime Information Center Missing Person File (NCIC–MPF) with the CA 

flag. Provide a complete description of your child, a birth certificate, and photos. You do not 

need a custody order to have your child entered into NCIC, but bring a copy if you have one. 

Request issuance of an AMBER Alert if the case meets the criteria. 

Record the name, badge number, and telephone number of the police officer who takes the 

missing person report. Ask for a copy. If you can’t get one, ask for the case (or police report) 

number. 

Verify with local law enforcement that an NCIC–MPF entry has been made. Ask for a copy 

of the NCIC printout. If you can’t get that, ask for the NCIC record number. 

Troubleshooting: Law enforcement officials may tell you that they can’t do anything for 24 hours 

or that they can’t do anything at all without a custody order. These are common mistakes! Federal 

law—the National Child Search Assistance Act (42 U.S.C. §§ 5779–5780)—prohibits waiting periods and does not require you to have a custody order before law enforcement enters a missing 

child into NCIC. Remember, if you have problems entering your child’s information into NCIC, the 

National Center for Missing & Exploited Children or your state missing children clearinghouse 

may be able to help. You can also contact the local FBI Field Office (check the front of your local 

telephone book for the number) and request that an agent make an entry for your child in the 

NCIC database. The FBI has authority to do so under the Missing Children Act (28 U.S.C. § 534). 

Ask local law enforcement to contact the FBI Field Office as soon as possible for immediate 

assistance to stop the abductor from leaving the country (or entering or exiting another). 

You can call the FBI directly and ask for their urgent attention to the abduction in progress. 

(See #3, below.) 

Ask local law enforcement to contact the U.S. National Central Bureau–INTERPOL for 

immediate assistance. (See #4, below.) 

Notify port authority police at the nearest airports, bus depots, and train stations about the 

abduction in progress. Fax pictures of the abductor and child. 

Ask local law enforcement to coordinate with the prosecutor to get a local court order authorizing pick up of the child, if state law allows. (Many states have enacted the UCCJEA with a 

section that authorizes prosecutors or other appropriate officials to assist in abduction cases.) 

Find out from local law enforcement or the local prosecutor if the abductor can be criminally 

charged under state law. (If the destination country is a Hague Convention country with a 

30

C

h

a

pter Tw

Action Checklist (continued) 

o 

good track record of returning children to the United States, it is important to consider 

whether criminal charges against the abductor might adversely affect a Hague return proceeding. This issue is discussed in chapter 5.) 

If the abductor is charged with a state crime, ask law enforcement to make all appropriate 

entries in NCIC, with cross-references to the child’s NCIC–MPF. If the abductor is not 

charged under state law, consult the U.S. Attorney and/or the FBI about federal criminal 

charges under the International Parental Kidnapping Crime Act (described in #3, below, as 

well as in Chapter 4). 

If the abductor is charged with a state felony, ask the prosecutor to request a Federal Unlawful Flight to Avoid Prosecution (UFAP) warrant. Law enforcement and prosecutors can contact the FBI or the U.S. Attorney for help in securing a UFAP warrant. 

2. Report your child missing to the toll-free hotline of the National Center for Missing & 

Exploited Children (800–THE–LOST, or 800–843–5678). 

Tell the operator your case is urgent. 

Register your child with NCMEC. Your case must meet NCMEC’s intake criteria for outgoing international abduction cases (i.e., children abducted from the United States or wrongfully retained abroad). NCMEC intakes outgoing cases if (1) the parent or guardian has made a 

police report; and (2) the parent or guardian has full or temporary custody, or the parent has 

filed a Hague application for the child’s return, or there is a federal warrant for the abductor 

under the International Parental Kidnapping Crime Act. 

Ask to have photographs of your child and the abductor sent immediately to airports, border 

crossings, and other countries (if they are already out of the United States). 

3. Call the closest FBI Field Office. (The telephone number is in the front of your local telephone book.) 

Ask for immediate help to stop an abduction in progress. 

Find out if the abductor can be charged with violating the International Parental Kidnapping 

Crime Act. (If the destination country is a Hague Convention country with a good track 

record of returning children to the United States, it is important to consider whether criminal 

charges against the abductor might adversely affect a Hague return proceeding. This issue is 

discussed in chapter 5.) If the abductor has already been criminally charged under state law, it 

is unlikely the federal government will charge the abductor with an IPKCA violation. However, it may be possible to secure a federal UFAP warrant. 

If the FBI agent is inexperienced with parental kidnapping cases, the agent can contact the 

division’s Crimes Against Children Coordinator or the Crimes Against Children Unit at FBI 

31

Action Checklist (continued)

Headquarters in Washington, DC, for technical assistance. (Contact information is in the 

Directory of Resources section of this guide.) 

4. Ask local law enforcement or the FBI to contact USNCB–INTERPOL without delay for 

assistance in stopping an international abduction in progress. 

Law enforcement can contact USNCB either directly or indirectly through NCMEC (NLETS: 

VA007019W). NCMEC acts as liaison with USNCB–INTERPOL in cases involving missing 

children. Note: USNCB does not act on parents’ requests. 

5. Call the Department of State, Office of Children’s Issues (U.S. Central Authority for the 

Hague Convention), for help in coordinating with foreign authorities to intercept your 

abducted child abroad. 

Ask CI to request that the foreign government intercept the child on his or her arrival in that 

country with the abductor. 

Find out if the Hague Convention remedy is available in your case. A list of countries party to 

the Hague Convention is available online at the State Department’s Web site, along with the 

date the Convention came into force. (Abductions or wrongful retentions occurring before the 

Convention came into force may not be covered.) You can also check the Web site for the 

Hague Conference on Private International Law (www.hcch.net). 

Ask if you should file a Hague application on an urgent basis. If so, ask how to do this and 

where you can get help. (A blank application and instructions are included on page 123 of 

this guide.) 

If the destination country is not a party to the Hague Convention, ask CI what can be done 

on an urgent basis to intercept the child. 

Ask to have your child entered into the Children’s Passport Issuance Alert Program. Find out 

if a passport has been issued to your child. If you have custody, put a hold on issuance of a 

U.S. passport. (See chapter 1 for more information on preventing issuance of a U.S. passport 

for your child.) 

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

Action Checklist (continued) 

32

Ask if the abductor’s U.S. passport has been revoked. Because this information is protected 

by the Privacy Act, you may not be given the answer. (Note: Current policy does not allow a 

child’s passport to be revoked. Because the policy could change, ask if the child‘s passport has 

been or could be revoked. This could be particularly helpful if the child is taken to a 

non-Hague country.) 

If you do not already have a passport, apply for one now in case you need to travel abroad. 

6. Contact airlines the abductor would be likely to fly. 

Explain the urgency of the situation. Ask if the airline has issued tickets or has booked reservations for the abductor and child. If the airline volunteers any pertinent information about 

the abductor’s flight plans, notify law enforcement at once! Law enforcement may be able to 

get this information if you can’t (due to Privacy laws). 

7. Contact the embassy or consulate of the destination country. (Telephone numbers are 

available online at the State Department’s Web site.You can also check the local phone directory or 

call operator assistance.) 

Tell embassy personnel the situation and ask if they can help. 

If the abductor is a national of that country, ask if the abductor’s passport can be revoked. 

Can this person help you do this? 

8. Contact Canadian authorities if the abductor is likely to go to or through Canada. 

Contact the Royal Canadian Mounted Police Missing Children’s Registry immediately if you 

think the abductor is going to go to or through Canada. (See the “Directory of Resources” 

section of this guide for contact information.) Canada has a very effective border alert system. 

9. Contact Team H.O.P.E. (toll-free: 866–306–6311) 

Ask for a referral to a parent who has faced a similar urgent situation involving the same 

country. Try to get suggestions from that parent about what to do. 

C

h

a

pter Tw

Action Checklist (continued) 

o 

33

❉ It is very difficult to stop an abduction in progress. Often, it is too late; the abductor is long gone before the 

searching parent discovers what has happened. If the abductor’s scheme is discovered while he or she is still 

in flight, government authorities in the United States and abroad have a narrow window of opportunity to 

stop the abduction. They must act swiftly and in concert. It is up to the searching parent to set the response 

in motion. Refer to the checklist (on page 28) for detailed advice on whom to contact and what to request. 

❉ Contact local law enforcement without delay. Report your child missing and request immediate entry into 

NCIC–MPF. Request coordination with the FBI and USNCB–INTERPOL. Alert port authority police. (See 

pages 28–31.) 

❉ Report your child missing to the toll-free hotline of the National Center for Missing & Exploited Children. 

(See page 31.) 

❉ Call the closest FBI Field Office to request an immediate investigation. (The telephone number should be in 

the front of your local telephone book.) (See page 31.) 

❉ Ask local law enforcement and the FBI to contact USNCB–INTERPOL without delay for immediate dissemination of diffusion messages to put law enforcement worldwide on the alert for the abductor and child and to 

request help stopping the abduction. (See page 32.) 

❉ Call the Department of State, Office of Children’s Issues (U.S. Central Authority for the Hague Convention), 

for help in coordinating with foreign authorities to intercept your abducted child abroad. (See page 32.) 

❉ Contact airlines the abductor might use. (See page 33.) 

❉ Contact the embassy or consulate of the destination country. (See page 33.) 

❉ Try to obtain a pickup order for the child as soon as possible. 

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

K E Y POINTS 

34

Chapter Two 

NOTES __________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

35

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

36

C

h

a

pter O

n

e Chapter Thr

3. Searching for Your Child

ee 

How do you find a child who has been abducted to or wrongfully retained in another country? If you do not know the whereabouts of your 

abducted child, this chapter will help you organize an international search. Use it to galvanize public and private resources to locate your child in 

another country. If you know your child’s whereabouts, skip to the next chapter.

Frequently Asked Questions

Where can you get help finding your child? 

What legal consequences might you face if you don’t find your child quickly? 

How long should you keep searching?

Where can you get help finding your 

child?

Help is available from many of the same sources 

that you would contact to stop an abduction in 

progress. That is why the action checklist in this 

chapter contains many of the same resources listed in chapter 2, although the focus is on location 

rather than interdiction. Also see information 

about the Federal Bureau of Investigation (FBI), 

National Crime Information Center (NCIC), 

and U.S. National Central Bureau–INTERPOL 

(USNCB–INTERPOL) in chapter 2.

Don’t let feelings of anger, grief, denial, or fear paralyze you 

into inaction. Let your love for your child, and your concern 

for your child’s best interests, be your constant motivator. 

—Paul Marinkovich

What legal consequences might you face 

if you don’t find your child quickly?

It is important to act quickly, as time can work 

to the abductor’s legal advantage. Courts in

Q 

Q 

Q 

countries that are party to the Hague Convention on the Civil Aspects of International Child 

Abduction (discussed in chapter 4) are not required to order a child returned if proceedings 

are commenced a year or more after the abduction or retention and the child has become settled in a new environment. Even if the child is 

ordered returned, courts in the child’s country 

of habitual residence may be hesitant to separate the child from the abductor if strong bonds 

have developed between them. If the abductor 

has enough time to get a custody order in the 

destination country—Hague or non-Hague— 

your recovery efforts may be complicated, although not necessarily frustrated. 

Get information about the laws and procedures of the 

country your child has been taken to or kept in.Talk to 

other parents who have been in your shoes. Call Team 

H.O.P.E. for a referral. 

—Steve McCoy 

37

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

How long should you keep searching?

If efforts to locate your child do not succeed at 

first, don’t give up. Instead, remain calm and be 

persistent. Check with all of your sources periodically, and keep a record of your contacts. 

Don’t take your frustrations out on public officials, who may be able to help you. Other family 

members, friends, and missing children organization personnel are safer places to vent your emotions. Remember that most parents eventually 

find their abducted children, although some do 

so sooner than others. But even if your search 

seems endless, don’t lose hope! Someday you 

may get just the tip you have been waiting for.

Your search can be very time-consuming, but 

try to go about your normal routines, too. You

Q probably need to continue working, and you 

may have other family members who need your 

support and attention. And don’t neglect yourself! If you need support, keep in mind that 

National Center for Missing & Exploited Children provides information on psychologists and 

mental health professionals across the nation 

who are familiar with the issues faced by leftbehind parents.

When you find your child, notify every individual, law enforcement officer, organization, government office, and media contact you have 

sought help from that you have recovered your 

child. Thank them, as appropriate, for their 

interest and assistance. 

38

Action Checklist

Chapter Three 

1. If you do not know your child’s whereabouts, promptly report your child missing to the 

local police and ask the police to enter your child into the National Crime Information 

Center Missing Person File (NCIC–MPF) with the child abduction (CA) flag. 

The statutory authority for making the entry is the Missing Children Act (28 U.S.C. § 534). The 

National Child Search Assistance Act (42 U.S.C. §§ 5779–5780) forbids all law enforcement agencies from establishing a waiting period before accepting a missing child report. Provide a complete 

description of your child, a birth certificate, and photos, if available. You do not need a custody 

order to have your child entered in NCIC, but bring a copy if you have one. 

Record the name, badge number, and telephone number of the police officer who takes the 

missing person report. Ask for a copy. If you can’t get one, ask for the case (or police report) 

number. 

Request issuance of an AMBER Alert if the case meets the criteria. 

Verify with local law enforcement that an NCIC–MPF entry has been made. Ask for a copy 

of the NCIC printout, or try to get the NCIC record number, at least. Make sure the CA flag 

is entered, and the Amber Alert (AA) flag if an AMBER Alert is issued. 

Troubleshooting: Law enforcement may tell you that they can’t do anything for 24 hours or that 

they can’t do anything at all without a custody order. These are common misconceptions! Federal 

law—the National Child Search Assistance Act—prohibits waiting periods and does not require 

you to have a custody order before law enforcement enters a missing child into NCIC. 

Call the National Center for Missing & Exploited Children (NCMEC) without delay. NCMEC 

can confirm (but not make) entries. If the entry has not been made, ask NCMEC to contact local 

law enforcement about the case. Your state missing children clearinghouse may also contact law 

enforcement at your request. You can also contact the local FBI Field Office (check the front of 

your local telephone book for the number) and request that an agent enter your child into NCIC. 

The FBI has authority to make the entry under the Missing Children Act. 

Once your child’s description is entered in NCIC–MPF, ask the police to pursue a missing 

person investigation to locate your child. The Missing Children’s Assistance Act (42 U.S.C. 

§ 5780(3) (B)) requires law enforcement agencies that enter missing child reports into NCIC 

to “institute or assist with appropriate search and investigative procedures” and to maintain 

close liaison with NCMEC while working missing children cases. 

Tell the officer about resources that can help with the investigation. For instance, law enforcement 

officers are “authorized persons” under the Parental Kidnapping Prevention Act who may 

39

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

Action Checklist (continued) 

request address information about the child and the abductor from the state. Mention your state 

missing children clearinghouse to the investigating officer, who may not be familiar with it. The 

clearinghouse may be able to assist with missing children investigations. (Telephone numbers for 

the state missing children clearinghouses are available from NCMEC.) Have the officer call 

NCMEC for a free copy of the law enforcement guide Missing and Abducted Children: A Law Enforcement Guide to Case Investigation and Program Management. Another manual for law enforcement, 

A Law Enforcement Guide on International Parental Kidnapping, is available at no charge by contacting 

the Juvenile Justice Clearinghouse by phone (800–851–3420) or by mail (P.O. Box 6000, 

Rockville, MD 20849–6000). Ask for NCJ 194639.

Urge local law enforcement to contact the U.S. National Central Bureau–INTERPOL to 

put law enforcement in the United States and abroad on the alert for the abductor and 

child. (Contact information is in the Directory of Resources section of this guide.) NCMEC 

acts as liaison with INTERPOL for missing children cases. 

2. As soon as you have reported your child missing to local law enforcement, call the 

National Center for Missing & Exploited Children to report the abduction and ask for help in 

finding your child. 

Register your child with NCMEC. (NCMEC’s intake criteria for outgoing international 

abduction cases are discussed on page 31.) 

Ask NCMEC to disseminate photographs of your child and the abductor to other countries 

and to include your child’s photo on NCMEC’s Web site. (Your request will have to meet 

NCMEC’s criteria for photo dissemination.) 

Inquire about having your child’s name included in a Voice of America alert. NCMEC helps 

supply this worldwide radio network with appropriate cases for multicountry broadcast. 

Request a free copy of NCMEC’s publication, Family Abduction: How To Prevent an Abduction 

and What To Do If Your Child Is Abducted. (This is also available on NCMEC’s Web site, 

www.missingkids.com.) Chapter 4 lists many sources of information that can help you find 

your child. You can use the “Abduction Checklist for Parents” on page 133 of the guide to 

help you organize your search efforts. 

3. Contact the Department of State, Office of Children’s Issues (CI), for help. 

Ask for confirmation of entry into another country. 

Ask to have your child’s name entered into the Children’s Passport Issuance Alert Program. 

Information in the passport name check system may help locate your child. (Information 

about the passport name check system appears in chapter 1.) 

40

Action 

C

h

a

pter T

hre

Action Checklist (continued) 

e 

If your child is a U.S. citizen or a dual national, contact CI to request a “welfare and whereabouts” visit. Mail or fax a letter to the office with the following information: (1) the child’s 

full name (and any aliases); date and place of birth; passport number and date and place of 

issuance; and copies of any court orders or police reports; and (2) the abductor’s full name 

(and any aliases); date and place of birth, passport number, date and place of issuance, and 

occupation; probable date of departure; flight information; and details of ties to a foreign country, such as the names, addresses, and telephone numbers of friends, relatives, place of employment, and business connections there. If you have photographs of the abductor and child, enclose them with your letter. You can use the checklist on page 133 of this guide to organize the 

information. 

What is a “welfare and whereabouts” visit? Working with the information you provide, a U.S. 

consular officer overseas will try to confirm the location of your child, arrange a visit, and report 

back to you on your child’s condition. The U.S. Embassy works with local authorities to locate 

the child. For example, the Diplomatic Security Service-Regional Security Officer at the U.S. 

Embassy abroad may call on foreign police to help determine the child’s whereabouts and/or a 

consular officer may request information from local officials on your child’s entry or residence in 

the country. Unfortunately, not every country maintains such records in retrievable form, and 

some countries may not release such information to U.S. officials. (Searching parents should be 

aware that some countries may actually withhold address information when the abductor or abducted child is a citizen of the country.) 

Once the child is located, a U.S. consular official will attempt to visit. If the abductor refuses, the 

U.S. Embassy or consulate can request assistance from local authorities, either to arrange a visit or 

actually conduct the visit. Following the visit, you receive a report on the child’s health and welfare. It may contain your child’s address in the foreign country. 

Troubleshooting: In some cases, the abductor may allow a “welfare and whereabouts” visit on the 

condition that the child’s foreign address not be disclosed. There may be ways to discover your 

child’s address even if this happens but at the risk of possibly jeopardizing future welfare and 

whereabouts visits. You could ask the State Department for assistance in releasing your child’s 

address on the grounds that the child is a U.S. citizen and you are the child’s parent. (A custody 

order awarding you custody would probably strengthen your case.) Not only do you have a right 

to know where your child is, but you need to know in order to take action to recover the child. 

Hopefully, you will not have to resort to litigation to discover your child’s address because it is 

expensive, time-consuming, and the results are not assured. 

4. Contact a Crimes Against Children Coordinator at your local FBI Field Office and ask for an 

investigation. (The telephone number should be in the front of your local phone book or go to 

www.fbi.gov. Click on “Investigative Programs Crimes Against Children.”) 

41

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

Action Checklist (continued) 

FBI policy requires that initiation of any criminal process in an international parental kidnapping 

be made on a case-by-case basis. The FBI agent may treat an abduction as a Fugitive Felon matter (interstate flight to avoid prosecution of a state felony crime) or as a felony under the International Parental Kidnapping Crime Act and open a preliminary or full investigation. Because the 

FBI has no investigative jurisdiction outside the United States, assistance in locating missing children in other countries is limited to liaison with foreign law enforcement authorities, the FBI’s Legal Attache program, and INTERPOL. Any criminal investigation is centered on the abductor. If 

the child is located in the course of the investigation, the agent may notify the searching parent so 

that the parent can take steps to recover the child. 

Troubleshooting: If the local FBI Field Office is reluctant to get involved (which may be due to 

inexperience with international abduction cases), suggest that the agent in charge contact the 

Office of Crimes Against Children in FBI Headquarters in Washington, DC, for technical 

assistance. 

5. Meet with the local prosecutor to discuss the possibility of charging the abductor with a 

state law violation. Be sure to discuss any countervailing considerations, such as whether filing criminal charges against the abductor might adversely affect a Hague return proceeding and actually hinder 

the child’s return. (See chapters 4 and 5.) 

If the abductor is charged with a state felony, ask the prosecutor to request a Federal Unlawful Flight to Avoid Prosecution (UFAP) warrant (18 U.S.C. § 1073). Issuance of a UFAP 

warrant brings the FBI into the investigation. This may improve the chances of locating the 

abductor and incidentally recovering the child. 

6. If you think the abductor is in Canada, contact the Royal Canadian Mounted Police Missing 

Children’s Registry. (Contact information is in the “Directory of Resources” section of this guide.) 

7. While government authorities are working on your case, you should be doing some 

investigative work on your own. 

Many of the information sources described in NCMEC’s Family Abduction book (see #2, above) 

may be helpful when your child is missing in another country. A few are described in the following 

paragraphs. 

Flag school, birth, and medical records. Write to your child’s schools and medical providers 

(doctors, dentists, hospitals, and pharmacies) and ask to be notified if they receive a request 

for your child’s records. By tracing the source of the request, you may be able to narrow the 

search for your child to a particular area. With regard to school records, federal law—the Family Education Rights and Privacy Act (20 U.S.C. § 1232g)—gives parents the right to find out 

from school officials whether their child’s school records have been transferred to another 

42

C

h

a

pter T

hre

Action Checklist (continued) 

e 

school or if copies have been sent to the other parent, and to learn where the records have 

been sent. The new school must disclose the child’s current address. 

Write to the state government office that maintains birth certificates (e.g., the Bureau of 

Vital Statistics) and ask to be notified if the agency receives a request for your child’s birth 

certificate. Depending on the flagging laws and policies in your area, the agency may notify 

you or law enforcement if it receives such a request. (In some states, law enforcement may 

have to request the flag.) The requesting party’s return address may lead you to your child. 

Talk to friends and relatives of the abductor who may have information about your child’s 

location and who may be sympathetic to your plight. You can convey your hurt, frustration, 

confusion, and sense of betrayal, but don’t be confrontational or threatening. You certainly 

don’t want your overtures to provoke the abductor into deeper hiding, but be careful not to 

create the impression that you accept what the abductor has done. Express your appreciation 

for any information they can give you. 

Contact nonprofit missing children organizations and your state missing children clearinghouse for advice and assistance. A list of state missing children clearinghouses is available 

from NCMEC. You can get referrals to parental kidnapping and missing children organizations from the Association of Missing and Exploited Children’s Organizations (AMECO). 

AMECO can identify organizations that have experience with international parental kidnapping and direct you to books, guides, and other resources that are available through its member organizations. 

Check (or remind authorities to check) for address information or other leads in government 

databases (e.g., the Federal Parent Locator Service and the Worldwide Locator Services for 

each branch of the military). 

Information about the Federal Parent Locator Service is available from the Office of Child 

Support Enforcement (contact information is in the Directory of Resources). Only “authorized persons” enumerated in federal law (42 U.S.C. § 663) can request address information. 

Parents are not authorized. General information and requirements for using the Military Worldwide Locator Services to obtain address information for active-duty personnel and reservists 

are available on the Internet at www.defenselink.mil/faq/pis/PC04MLTR.html. 

Try to get telephone and financial records that might lead you to the abductor. If you can’t get 

information voluntarily, law enforcement may obtain it in the course of a criminal investigation, or your lawyer may seek a subpoena. 

Seek publicity through both television and print media. Attempt to get pictures and videotape 

of your child publicized internationally. Talk to law enforcement first to be sure that the publicity will not adversely affect a criminal investigation. 

43

Consider the pros and cons of hiring a private investigator. (These are discussed in detail in 

NCMEC’s Family Abduction book.) Talk to other parents. Try to get recommendations from 

trusted sources. If you plan to hire an investigator, consider having your lawyer review the 

contract before you sign it. (Some parents have complained about contracts with no fee limits 

or protections against unauthorized add-on fees.) If you decide to hire a private investigator, 

keep government authorities informed of your actions and progress. 

Check the Internet for address information. Google “search engines for addresses.” Many 

Web sites will come up, including www.anywho.com, www.infospace.com, 

www.switchboard.com, and www.whowhere.com. 

8. Call Team H.O.P.E. Ask to be matched with a parent whose child has been abducted to the same 

country as yours. Find out how that parent went about finding his or her child. 

9. If you suspect your child is in a particular country, contact the foreign embassy of that 

country. Ask for advice on what the foreign government can do to help and what you may be able to 

do on your own to find your child in that country. Ask for referrals to missing children group(s) or other 

agencies that serve parents of abducted children in the country. 

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

Action Checklist (continued) 

44

The sources listed below may help you find your child. Refer to the text for detailed advice about how 

they can help. 

❉ Local police. (See page 39.) 

❉ National Center for Missing & Exploited Children. (See page 40.) 

❉ Department of State, Office of Children’s Issues. (See page 40.) 

❉ Federal Bureau of Investigation. (See page 41-42.) 

❉ Local prosecutor. (See page 42.) 

❉ Foreign embassy or consulate. 

❉ Royal Canadian Mounted Police Missing Children’s Registry. 

❉ Team H.O.P.E. 

❉ NCMEC’s book, Family Abduction: How To Prevent an Abduction and What To Do If Your Child Is Abducted. 

Follow up on everything that has been done and share any new leads with the offices that are working on 

the case. 

C

h

a

pter T

hree 

K E Y POINTS

45

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

NOTES __________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

46

C

h

a

pter O

n

4. Civil Remedies in e

International Parental 

Kidnapping Cases 

How do you go about recovering your child from another country? If there is any chance of meaningful communication with the abductor, you 

might try working out an agreement for your child’s return. If voluntary return is not feasible and your child has been abducted to or wrongfully 

retained in a country that is party to the Hague Convention on the Civil Aspects of International Child Abduction, you can invoke the Hague 

Convention to seek the child’s prompt return or use any other remedy available in that country. If your child is located in a country that is not 

party to the Hague Convention, then the Hague Convention is not an option, and you must seek return under other laws and procedures in 

effect in that country. Some countries are more likely to return children to the United States than others. 

Criminal charges against the abductor may impact on your legal efforts to recover the child. They may help or hurt, depending on the country 

involved and the facts of the case. In most situations where the Hague Convention is applicable, you should first try to use the Hague Convention 

if voluntary return is not possible and refrain from pursuing criminal remedies as long as the Hague process is underway and there appears to 

be a reasonable chance of success. Criminal remedies are discussed in chapter 5. 

This chapter covers the following topics: 

❉ Voluntary return, the best possible outcome. 

❉ The Hague Convention remedy: what it is, how it works, what its strengths and shortcomings are, and how criminal proceedings against 

the abductor may impact a return proceeding. 

❉ Civil legal actions you can pursue in countries not party to the Hague Convention (and in Hague Convention countries, if you choose) that 

are aimed at child recovery. 

❉ What to expect if a foreign court denies return of your child under the Hague Convention or other law and instead exercises custody 

jurisdiction. 

❉ Lawsuits that can be brought in the United States against the abductor and accomplices for money damages, which may incidentally 

result in your child’s return. 

❉ Information to help you find an attorney with appropriate experience. 

C

h

a

pter F

o

ur 

47

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

Frequently Asked Questions

Voluntary Return

Is voluntary return feasible? 

Where can you get help to negotiate a voluntary return? 

If the abductor agrees to return the child, what can the U.S. Embassy do to facilitate the return? 

What are your options if voluntary return isn’t possible?

The Hague Convention on the Civil Aspects of International Child 

Abduction (Hague Convention)

What is the Hague Convention on the Civil Aspects of International Child Abduction? 

Does the Hague Convention address visitation rights? 

When did the Hague Convention take effect in the United States? 

What is the International Child Abduction Remedies Act (ICARA)? 

What countries are treaty partners of the United States? 

What is the Hague Convention’s return remedy? 

When are removals or retentions “wrongful” under the Hague Convention? 

Do you need a custody order to seek a child’s return under the Hague Convention? 

Are there any exceptions to the return obligation? 

Is there an official government office responsible for administering the Hague Convention? 

What assistance does the U.S. Central Authority provide? 

How do you start a return action under the Hague Convention? 

Do you need an attorney to bring a Hague action? 

Where can you get a return application, and is help available to fill it out? 

What role does the UCCJEA authorize prosecutors to play in international abduction cases? 

When should you start a return action? 

Does the application have to be translated?

Q 

48

C

h

a

pter F

o

ur 

If you seek return under the Hague Convention, can you continue trying to work out a voluntary return?


Can criminal charges against an abductor impact a Hague proceeding for the child’s return?


How can you find out if criminal charges will help or hurt a Hague case in a particular country?


What issues have arisen under the Hague Convention that you (and your lawyer) should know about?


Must you use the Hague Convention to seek your child’s return?


What happens if a foreign court denies return of your child under the Hague Convention?


Legal Solutions in Countries Not Party to the Hague Convention 

(and in Hague Countries, if You Do Not Invoke the Hague 

Convention or Return Is Denied) 

How can you find out what to do if your child is abducted to a non-Hague country?


Can the U.S. Embassy represent you in legal proceedings in the foreign country?


What can the Office of Children’s Issues (CI) in Washington and the U.S. Embassy abroad do to help?


Will a foreign court enforce a U.S. custody/visitation order?


What recourse do you have if a foreign court refuses to enforce your custody/visitation order?


What if you don’t have a custody order?


Foreign Custody Jurisdiction 

Under what circumstances will you have to litigate custody or visitation in the courts of 


a foreign country?


What are the consequences of a foreign court exercising jurisdiction?


Will you get a fair hearing?


Will you face discrimination based on gender or nationality?


Will your child’s wishes be considered?


If you are awarded custody or visitation, will the order be enforceable?


Who pays?


Do you jeopardize your legal position in the United States by pursuing custody or visitation in 


a foreign court?


Can criminal charges in the United States against the abductor be helpful if civil proceedings abroad 

are not? 

49

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

Children Abducted to Overseas U.S. Military Installations

Are there any special remedies if the abductor is stationed overseas with the U.S. military?

Finding a Lawyer

Do you need a lawyer? 

What should you look for in a lawyer? 

Where can you get referrals to lawyers who have handled international parental kidnapping cases? 

What if you can’t afford a lawyer? 

What questions should you ask before hiring a lawyer? 

What should you do if your lawyer isn’t getting results?

Child-Snatching Tort Suits

What are child-snatching tort suits? 

What kind of lawyer do you need for a child-snatching tort suit? 

Are child-snatching tort suits advisable in every case?

The Self-Help Dilemma

Do you have to use the foreign legal system, or can you just go and get your child? 

Can you be prosecuted abroad? 

Will your child be safe on return to the United States? 

What are the risks of hiring someone to recover your child?

Voluntary Return

Is voluntary return feasible? 

Many searching parents can skip the discussion 

of voluntary return because they know it is completely out of the question in their cases. But if 

there is even a remote chance that the abductor 

might reconsider his or her actions and return 

the child, it may be worth a shot. Your child— 

and your wallet—may be better off if you can

Q 

resolve the case amicably without going to 

court. However, if you cannot negotiate with the 

abductor on an even playing field, you are probably better off not trying. Victims of domestic 

violence often fall into this category. 

Caveats: You can file a Hague application while 

in negotiations with the other parent. However, 

if you negotiate with the abductor for your 

child’s return, be careful not to say or do 

anything that could be interpreted as your 

50

Chapter Four 

CI and NCMEC. The Office of Children’s Issues and the National Center for Missing & 

Exploited Children may facilitate negotiations 

between the left-behind parent and the abductor and help make arrangements for the child’s 

return if negotiations succeed. If your child is in 

a Hague country, you can ask the U.S. Central 

Authority and/or the foreign central authority 

to help work out a voluntary resolution. The 

Hague Convention requires each country party 

to the Hague Convention to establish a central 

authority to carry out enumerated responsibilities, including taking appropriate measures, directly or indirectly, “to secure the voluntary return of the child or to bring about an amicable 

resolution of the issues.” When central authorities act, they do so as facilitators, not as your 

legal representative. Parents should be aware 

that central authorities do not follow uniform 

practices, and the range of assistance available 

to American parents depends on the particular 

country involved.

CI and visa ineligibility. Under 8 U.S.C. § 

1182(a)(10)(C)(Section 212(a)(10)(C)) of the 

Immigration and Nationality Act, an alien may 

be denied a visa or admission into the United 

States if he or she detains, retains, or otherwise 

withholds custody of a U.S. citizen child outside of the United States in violation of a U.S. 

court order granting custody to the other parent, provided the child is being held in a nonHague country and the child is unmarried and 

under the age of 21. Aliens who have assisted 

or provided material support to a child abductor may also be denied a visa or admission into 

the United States.

The law is a potentially powerful tool to use 

against an abductor or accomplice who needs to 

come to the United States to tend to business or 

family matters. The child’s return becomes a

Q 

acquiescing or consenting to the wrongful removal or retention. Acquiescence and consent 

are defenses to a return under the Hague Convention, which you may have to use if negotiations fail. Also bear in mind that there may be 

no practical way to enforce a settlement agreement if the country in question lacks enforcement procedures, which many do. 

Where can you get help to negotiate a 

voluntary return? 

Help may be available from the following 

sources (contact information for agencies and 

organizations is in the Directory of Resources 

section of this guide): 

❉ Friends and relatives. 

❉ Law enforcement officials and prosecutors. 

❉ U.S. Department of State, Office of Children’s Issues (CI), which serves as the U.S. 

Central Authority for the Hague Convention. 

❉ National Center for Missing & Exploited 

Children (NCMEC). 

❉ Child Find of America, Inc. 

Friends and relatives. The abductor’s friends 

and relatives may help you establish communication with the abductor and help mediate a 

solution. Their efforts could eventually result 

in the child’s return or at least improve your 

chances of visiting your child and participating 

in his or her upbringing. 

Law enforcement officials and prosecutors. 

Criminal justice professionals involved in the 

criminal aspects of the abduction may negotiate 

with the abductor to resolve the case. The child’s 

return may be a condition of resolving the criminal charges. The prosecutor has exclusive say 

over whether criminal charges will be dismissed. 

51

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

precondition for obtaining a visa to enter the 

country. The law provides leverage to negotiate 

the child’s return.

A left-behind parent should work with a CI 

abduction officer to flag visa requests for persons who may be ineligible under the so-called 

“Alien Exclusion Act.”

Child Find of America, Inc. Child Find offers 

professional mediation services to help resolve 

parental kidnapping cases. Pro bono (no fee) 

mediators act as go-betweens for the abductor 

and the left-behind parent in an effort to work 

out their differences and secure the child’s return. Both parents must agree to mediate. 

Mediation services are available free of charge 

via Child Find’s toll-free telephone number 

(800–A–WAY–OUT). Telephone mediation 

may be effective when face-to-face mediation 

is impractical. If criminal warrants are outstanding, court and law enforcement officials 

are informed of the mediation, the goals of the 

program, and the name and address of the mediator. Courts and law enforcement agencies 

have generally been willing to let parents work 

things out through the mediation process, although they are neither bound by the process 

nor required to drop criminal charges.

If the abductor agrees to return the 

child, what can the U.S. Embassy do to 

facilitate the return?

If a U.S. citizen parent successfully negotiates 

the release of a child and obtains physical custody of the child from the abductor, and if there 

is no court order prohibiting the parent from 

removing the child from the foreign country, 

the U.S. Embassy or consulate in that country 

can provide passports and assist in obtaining 

exit permits. Under certain circumstances, U.S. 

Embassies and consulates can arrange repatriation loans to pay for the child’s trip back to 

the United States. Financial assistance for

Q 

transportation may also be available from 

NCMEC. Contact NCMEC or CI for more 

information. 

Parents should keep in touch with the State 

Department throughout the process. Don’t 

wait until the last minute to get the Department involved. 

Q	 What are your options if voluntary


return isn’t possible?


If voluntary return is not possible, parents 

searching for children abducted to or wrongfully retained in other countries must seek recovery under the laws in effect in that country. 

Legally, U.S. consular officers must act in accordance with the laws of the country to which 

they are accredited. They cannot take possession of a child abducted by a parent. They are 

unable to assist a parent who is a U.S. citizen 

and is attempting a resnatch, or to aid a parent 

attempting to act in violation of the laws of the 

host country. 

The Hague Convention 

on the Civil Aspects 

of International 

Child Abduction 

(Hague Convention) 

Q	 What is the Hague Convention on the


Civil Aspects of International Child


Abduction?


The Hague Convention is an international 

treaty that provides for the prompt return of 

wrongfully removed or retained children. The 

Hague Convention’s premise is that custody of 

an abducted child should be decided by courts 

in the child’s country of habitual residence and 

52

Chapter Four 

not by the abductor’s unilateral actions or by 

courts in the country chosen by the abductor. 

The complete text of the Hague Convention 

begins on page 115 of this guide.

Does the Hague Convention address 

visitation rights?

Yes. One of the Hague Convention’s stated objectives is to secure protection for “rights of 

access,” which, in U.S. terms, is equivalent to 

visitation. However, the Hague Convention provides only limited relief in access cases and does not 

include the right of return. Specifically, Article 21 

provides that legal action may be taken “with 

the view to organizing or protecting these rights 

and securing respect for the conditions to which 

the exercise of these rights may be subject.” Central authorities are directed to cooperate to promote the peaceful enjoyment of access rights 

and the fulfillment of any conditions to which 

they are subject. Article 21 is largely without 

teeth and in practice has not guaranteed that 

visitation rights will be honored.

When did the Hague Convention take 

effect in the United States?

The Hague Convention took effect in the United States in 1988, following ratification and 

enactment of the International Child Abduction 

Remedies Act (42 U.S.C. §§ 11601–11610).

What is the International Child Abduction Remedies Act (ICARA)?

ICARA is a federal statute that establishes procedures for using the Hague Convention in the 

United States. ICARA governs proceedings 

brought in the United States for the return of 

children who have been abducted to or wrongfully retained in this country in violation of the 

Hague Convention. These are called incoming 

cases. Outgoing cases involve children wrongfully removed from the United States and taken 

to or wrongfully retained in a foreign country.

If you are reading this because your child is 

wrongfully in another country, yours is an outgoing case. You must follow the procedures 

established by the country in which your child 

is located—not ICARA—to invoke the Hague 

Convention there.

What countries are treaty partners of 

the United States?

Searching parents in the United States can invoke the Hague Convention only if it is in force 

between the United States (as the child’s country of habitual residence) and the country where 

the child is located and if it was in force at the 

time of the wrongful removal or retention. As 

of July 2005, the Hague Convention was in 

force between the United States and the following nations. The date the Convention took effect is indicated in parentheses:

Argentina (6/1/91) 

Australia (7/1/88) 

Austria (10/1/88) 

Bahamas (1/1/94) 

Belgium (5/1/99) 

Belize (11/1/89) 

Bosnia and Herzegovina (12/1/91) 

Brazil (12/1/03) 

Bulgaria (1/1/05) 

Burkino Faso (1/1/92) 

Canada (7/1/88) 

Chile (7/1/94)

China 

Hong Kong Special Administrative 

Region 1 (9/1/97) 

Macau (3/1/99) 

Colombia (6/1/99) 

Croatia (12/1/91) 

Cyprus (3/1/95) 

Czech Republic (3/1/98) 

Denmark (7/1/91) 

Ecuador (4/1/92) 

Finland (8/1/94) 

France (7/1/98)

Q 

Q 

Q 

Q 

53

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

Other countries may become party to the Hague 

Convention. When countries that are members 

of the Hague Conference on Private International Law do so, no formal action on the part 

of the United States is required for the treaty to 

come into effect. When nonmember countries 

become party to the Hague Convention, the 

United States must accept their accessions 

before the Hague Convention can take effect 

between the two countries.

Visit the Web sites of the Hague Conference on 

Private International Law (www.hcch.net) and 

the Department of State (www.travel.state.gov/ 

family. Click on “Hague Convention Issues.”) 

for updates on additional countries party to the 

Hague Convention. You can also get this information by calling CI (202–736–9090) or 

NCMEC.

What is the Hague Convention’s return 

remedy?

Subject to limited exceptions, Article 12 of the 

Hague Convention provides that a court must 

order the prompt return of a child under 16 

who is wrongfully removed or retained within 

the meaning of the Hague Convention if less 

than a year has elapsed between the time of the 

wrongful removal or retention and commencement of the return proceeding.

When are removals or retentions “wrongful” under the Hague Convention?

A removal or retention is wrongful under Article 

3 if it is in breach of custody rights that were 

actually exercised or would have been but for 

the removal or retention.

“Rights of custody” are defined in Article 5 to 

include “rights relating to the care of the person 

of the child and, in particular, the right to determine the child’s place of residence.” They are 

defined according to the law of the country 

in which the child was habitually resident

Q 

Germany (12/1/90)

Q 

Greece (12/1/90) 

Honduras (6/1/94) 

Hungary (7/1/88) 

Iceland (12/1/96) 

Ireland (10/1/91) 

Israel (12/1/91) 

Italy (5/1/95) 

Luxembourg (7/1/88) 

Former Yugoslav Republic of Macedonia 

(12/1/91) 

Malta (2/1/03) 

Mauritius (10/1/93) 

Mexico (10/1/91) 

Monaco (6/1/93) 

Netherlands (9/1/90) 

New Zealand (10/1/91) 

Norway (4/1/89) 

Panama (6/1/94) 

Poland (11/1/92) 

Portugal (7/1/88) 

Romania (6/1/93) 

Slovak Republic (2/1/01) 

Slovenia (4/1/95) 

South Africa (11/1/97) 

Spain (7/1/88) 

St. Kitts and Nevis (6/1/95) 

Sweden (6/1/89) 

Switzerland (7/1/88) 

Turkey (8/1/00) 

United Kingdom of Great Britain and 

Northern Ireland (7/1/88) 

Bermuda (3/1/99) 

Cayman Islands (8/1/98) 

Falkland Islands (6/1/98) 

Isle of Man (9/1/91) 

Montserrat (3/1/99) 

Uruguay (9/1/04) 

Venezuela (1/1/97) 

Yugoslavia, Federal Republic of (12/1/91) 

Zimbabwe (8/1/95) 

54

Chapter Four 

Are there any exceptions to the return 

obligation?

The Hague Convention provides limited exceptions to the return obligation:

❉ More than a year has elapsed and the child 

is now settled in the new environment 

(Article 12). 

❉ The person seeking return was not actually 

exercising custody rights or has consented 

to or subsequently acquiesced in the removal 

or retention (Article 13(a)). 

❉ There is a grave risk that return would expose the child to physical or psychological 

harm or otherwise place the child in an 

intolerable situation (Article 13b). 

❉ A sufficiently mature child objects to being 

returned (Article 13). 

❉ The child’s return would not be permitted 

by the fundamental principles of the requested state relating to the protection of 

human rights and fundamental freedoms 

(Article 20).

Even if an exception is proved, courts retain 

discretion to order a child returned.

These exceptions have been interpreted differently by courts in different countries—and 

sometimes even by courts in the same country. 

Hague Convention case law is accessible at the 

following Web site: www.incadat.com. Make 

sure your lawyer knows about this site.

Is there an official government office 

responsible for administering the 

Hague Convention?

Yes. Each country party to the Hague Convention must designate a central authority to carry 

out the duties specified in Article 7. The Central 

Authority for the United States (USCA) is the

Q 

Q 

Q 

immediately before the removal or retention. 

Custody rights may be exercised jointly or 

alone. They may arise by operation of law, 

court order, or agreement.

Do you need a custody order to seek 

a child’s return under the Hague 

Convention? 

No. You do not need a custody decree to invoke 

the Hague Convention. The Hague Convention 

recognizes that many abductions occur before 

custody has been decided by a court and provides the same return remedy in pre- and postdecree abduction cases. A Hague proceeding 

does not ask a court to enforce an existing custody judgment (which is what a traditional custody enforcement action entails), but rather 

calls on a court to decide if a child’s removal or 

retention was wrongful within the meaning of 

the Hague Convention. 

An existing custody order may help foreign authorities determine if the removal or retention 

was in breach of custody rights and therefore 

wrongful, but it is neither required nor dispositive. As a practical matter, if you have a custody 

order, attach a certified copy to your return 

application. 

In predecree abduction cases (i.e., when there 

is no custody order in effect at the time of the 

abduction), the searching parent may strengthen 

a future Hague Convention case by obtaining an 

order from a court in this country stating that 

the taking or retention of the child is wrongful 

within the meaning of Article 3 of the Hague 

Convention. Indeed, the foreign court hearing a 

Hague case may (pursuant to Article 15) request 

the applicant parent to obtain such a determination. In the absence of a judicial request—when 

it is not mandatory to obtain a determination 

of wrongfulness—you should consider how 

quickly and at what cost such an order could 

be obtained. 

55

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

Office of Children’s Issues in the Department 

of State. By contractual agreement, NCMEC 

acts on behalf of USCA in incoming Hague 

cases. NCMEC also provides assistance in outgoing Hague cases, including help with completing the return application. Keep in mind 

that many countries have not signed and ratified 

the Hague Convention and therefore do not 

have a central authority in place.

What assistance does the U.S. Central 

Authority provide?

Although the central authority in the country 

where your child is located has primary responsibility for responding to your application, USCA 

can be helpful in a variety of ways. It is the primary source of information on the Hague Convention in the federal government. USCA can 

do the following:

❉ Provide you with a copy of the application 

used to seek return of the child (or enjoyment of access rights) under the Hague 

Convention.

❉ Review your application to ensure that it 

is complete and that your request complies 

with the requirements of the Hague Convention, forward it to the foreign central 

authority, and work with that authority until 

your case is resolved. (NCMEC will also 

work with you to ensure that your return 

application is complete.)

❉ Provide information on the operating procedures of the central authority in the country 

where your child is believed to be located 

and assist you in understanding the process.

❉ Provide you with contact information for 

the foreign central authority.

❉ Contact the foreign central authority to 

arrange free or reduced-fee legal counsel, if 

available, for the applicant/parent for the

Q 

Hague proceeding in the foreign 


country.


❉ Help you obtain (either directly or through 

NCMEC) information concerning the 

wrongfulness of the removal or retention 

under the laws of the state in which the 

child resided. 

Request a status report 6 weeks after court 

action commences in the other country if 

the court has not yet issued a ruling on your 

return petition. (Note: You should ask USCA 

to do this.) 

Facilitate communication between you and 

the other central authority. (Note: This does 

not include translating documents, which 

you must do at your own expense.) 

Provide information about a particular country’s performance under the Hague Convention. Ask for this information! This is a good 

way to assess whether the Hague Convention remedy will work in your case. Some 

countries—such as the United Kingdom— 

are prompt in returning abducted children. 

However, the Department of State considers others to be noncompliant or not fully 

compliant under the Hague Convention and 

has identified others because they have inadequately addressed some aspect of their 

obligation. 

❉

❉

❉

Annual compliance reports are available 

online. If you have access to a computer, 

go to the State Department’s Web site 

(www.travel.state.gov/family, click on 

“International Child Abduction,” then 

“Hague Convention Abduction Issues,” 

then “Reports on Compliance With the 

Hague Convention 2005,” etc.). If a country 

has a poor track record under the Hague 

Convention, you should consider other 

lawful means to effect your child’s return. 

Also consider strong prevention measures. 

56

Chapter Four 

Also on the Web site is a report on the laws 

and procedures in 25 Hague Convention 

countries. This excellent resource provides 

a snapshot of how specific countries implement the Hague Convention. 

How do you start a return action under 

the Hague Convention? 

You have three options: 

❉ Submit an application for your child’s return to the U.S. Central Authority. USCA 

will forward the application to the foreign 

central authority. 

Outgoing Hague Application

Left-behind parent/attorney contacts 

State Department/U.S. Central Authority.

Court orders return. Denial sustained.

Hague application sent to parent/attorney.

Parent/attorney completes and sends Hague application to U.S. Central Authority. 

The application includes: 

● Court decisions or State law to establish right of custody. 

● Translations. 

● Photo.

● Application, signed and dated. 

U.S. Central Authority reviews application and forwards to foreign central authority.

Foreign central authority processes application through 

their internal system.

Clarification of legal fees: 

legal aid assistance—free or set fee.

Voluntary return Court hearing

Court orders return. Court denies return.

Appeal

Q 

57

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

❉ Bypass USCA and submit a return application directly to the central authority of the 

foreign country where the child is located. 

Address information for all foreign central 

authorities can be obtained from USCA. It 

is also available on the Hague Conference 

Web site (www.hcch.net). Follow the 

prompts for the International Child Abduction Convention, which is listed as #28 on 

the Web site. After filing the application, 

some cases may settle voluntarily. Others 

may be resolved administratively. In most 

cases, though, filing a lawsuit for return will 

be necessary. 

File a lawsuit, directly with the foreign 

court, in which you request your child’s return pursuant to the Hague Convention, 

bypassing both USCA and the foreign central authority. You are under no obligation 

to notify either central authority of your 

action, although you may do so and request 

whatever assistance those agencies can provide. 

❉

If you have to bring action under the Hague 

Convention in a court of the foreign country 

where the child is located, you will need the 

help of a lawyer in that country to do so. 

Central authorities in some countries may provide or arrange free or reduced-fee legal representation for applicant-parents. The U.S. Central Authority can inquire on your behalf about 

this possibility. Suggestions for finding an attorney in another country appear later in this 

chapter. 

USCA will not act as your attorney or agent, 

nor will the Department of State become a party 

to your Hague proceeding. 

Where can you get a return application, 

and is help available to fill it out? 

You can use the application at the back of this 

guide. Cut it out or make a photocopy. The application can also be downloaded from the Department of State’s Web site. Copies are also available from the U.S. Central Authority and 

NCMEC. NCMEC can help you prepare your 

Hague application and obtain supporting documents. The prosecutor’s office in some states 

may also be willing to help. See the next question. 

What role does the UCCJEA authorize 

prosecutors to play in international 

abduction cases? 

The Uniform Child Custody Jurisdiction and 

Enforcement Act (UCCJEA) is a state law 

governing jurisdiction to make and modify custody and visitation orders, and providing uniform procedures for enforcing orders interstate. 

A majority of enacting states have included 

provisions that give prosecutors (or other appropriate public officials), and law enforcement 

acting at their request, statutory authority to 

use any civil proceeding to locate and recover 

abducted children and to enforce child custody 

and visitation determinations in any case arising 

under the Act or the Hague Child Abduction 

Convention. This new tool gives prosecutors 

the ability to pursue an international abduction 

as either a criminal or civil matter, or both. 

(The prosecutor has discretion in these cases 

and may not act at all.) 

Q 

Q Do you need an attorney to bring a 

Hague action? 

Q 

58

Section 315. Role of [Prosecutor or Public Official] 

(A) In a case arising under the [Act] or involving the 

Hague Convention on the Civil Aspects of International Child Abduction, the [prosecutor or other 

appropriate public official] may take any lawful 

action, including resort to a proceeding under the 

[article] or any other available civil proceeding, to 

locate a child, obtain the return of a child, or enforce 

a child custody determination if there is: 

(1) an existing child custody determination 

(2) a request to do so from a court in a pending child 

custody proceeding; 

(3) a reasonable belief that a criminal statute has 

been violated; or 

(4) a reasonable belief that the child has been 

wrongfully removed or retained in violation of 

the Hague Convention on the Civil Aspects of 

International Child Abduction. 

(B) A [prosecutor or appropriate public official] acting 

under this section acts on behalf of the court and 

may not represent any party. 

Section 316. Role of [Law Enforcement] 

A [prosecutor or appropriate public official] acting under 

Section 315, an/or a [law enforcement officer] may take 

any lawful action reasonably necessary to locate a child 

or a party and assist [a prosecutor or appropriate public 

official] with responsibilities under Section 315. 

Section 317. Costs and Expenses 

If the respondent is not the prevailing party, the court 

may assess against the respondent all direct expenses 

and costs incurred by the [prosecutor or appropriate 

public official] and [law enforcement officers] under 

Section 315 or 316. 

Find out if your state has enacted the UCCJEA 

with these provisions (section numbers may 

differ). You can check the UCCJEA chart on 

page 141 of this guide for state-specific information. If these provisions are part of your 

state law, consider asking the local prosecutor 

(or other official designated in the law) for 

C

h

a

pter F

o

ur 

help. In outgoing Hague cases, the prosecutor’s 

office may help you complete and file a Hague 

return application. In exceptional cases, law 

enforcement officers may travel to a foreign 

country to assist in returning the child to the 

United States. 

The new law has certain limitations in practice. 

As mentioned above, even if these sections are 

state law, prosecutors are not required to use 

them. In addition, the law is relatively new and 

your local prosecutor may not be familiar with 

it. And if the prosecutor does get involved, it is 

on behalf of the court, not the left-behind parent. In most cases, you will still need a lawyer 

in the foreign country to represent you in return proceedings. 

For more information about the UCCJEA, 

including a list of enacting states, visit www.nccusl.org. Also see the “Recommended Reading” 

list in this book, which provides a link to a bulletin about the UCCJEA. A chart of enacting 

states is on page 141 of this guide. 

When should you start a return action? 

Regardless of how you choose to invoke the 

Hague Convention, do not delay! File your 

return application as quickly as possible, and 

certainly before a year passes, if at all possible. 

There are two important reasons for acting 

promptly. First, the Hague Convention requires 

courts to return a child if less than a year has 

passed from the time of the wrongful removal 

or retention and the commencement of the return action, subject to limited exceptions. Second, once a return application is filed (or a 

court is put on notice of the abduction), courts 

and other authorities are not allowed to make 

substantive custody decisions about the child. 

This may prevent an abductor from getting a 

custody order in the foreign country. 

Q 

59

1According to a 1996 survey of foreign central authorities 

(contained in Issues in Resolving International Child Abduction 

Cases by Janet Chiancone and Linda Girdner of the American Bar Association Center on Children and the Law), 

seven central authorities reported that outstanding criminal 

charges have no effect on whether they can proceed with a 

Hague return case. Of those that reported an effect, the impact of criminal charges varied. Sixteen central authorities 

reported that criminal charges are sometimes helpful in 

efforts to locate the child, and eight reported that criminal 

charges are sometimes helpful to proceeding with the case. 

Four central authorities reported that some judges in their 

country will not order a return if there are outstanding criminal charges, and one indicated that criminal charges must 

be dropped before judges can proceed with a case. Some 

courts have denied return under the Hague Convention 

when the abductor would face arrest on criminal charges if 

he or she accompanied the child home. Two other central 

authorities reported that outstanding criminal charges could 

“hinder voluntary return.” (The study did not identify the 

respondents by name, so we do not know how particular 

countries responded.) 

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

Does the application have to be 

translated? 

The answer depends on the country involved. 

Submit your application in English. The U.S. 

Central Authority can tell you whether your 

application must be accompanied by a translation and, if so, in what language. USCA does 

not provide or pay for translations. You can ask 

USCA or NCMEC for a referral to a translator. 

Q 

If you seek return under the Hague 

Convention, can you continue trying 

to work out a voluntary return? 

Yes, but be careful that your actions and conversations are not mistaken as acquiescence or 

consent to the wrongful removal or retention, 

which are defenses to return. Seek advice from 

your lawyer about how you can try to work out 

a solution with the abductor without jeopardizing your Hague Convention remedy should it 

be necessary. 

Q 

Can criminal charges against an 

abductor impact a Hague proceeding 

for the child’s return? 

It depends on the country.1 

Q 

How can you find out if criminal charges 

will help or hurt a Hague case in a 

particular country? 

You or your lawyer can ask the foreign central 

authority. Or your lawyer can research Hague 

Convention case law in the foreign country. You 

can consult with the U.S. Central Authority, or 

with parents of children abducted to the same 

country about their experiences. (Team H.O.P.E. 

can match you with a parent.) But be aware 

that the issue may not have arisen in a particular country, so there may be no precedent to 

guide you. 

Q 

What issues have arisen under the 

Hague Convention that you (and your 

lawyer) should know about? 

The other country must be a treaty partner 

of the United States. The Hague Convention 

is not in effect between the United States and 

every country and therefore it may not be a 

remedy in your situation. 

Compliance problems in some countries. Some 

foreign countries have a poor track record under 

the Hague Convention. Courts in some countries have systematically denied return. Some 

countries have no procedures for enforcing a 

return order. In others, return orders have not 

been enforceable even though enforcement 

procedures exist. USCA has compiled annual 

compliance reports that identify countries with 

compliance problems (see “What assistance 

does the U.S. Central Authority provide?” on 

page 56). Your attorney should speak with the 

CI case officers for the country in question for 

more information. 

Q 

60

“Expeditious” handling isn’t always so. The 

Hague process is supposed to be “expeditious.” 

If a decision is not made by the court concerned 

within 6 weeks, you have the right to request an 

explanation for the delay. You can ask USCA 

to initiate such inquiry through the foreign central authority, or you can contact the foreign 

central authority directly. You are entitled to an 

explanation; however, there are no penalties for 

slow decisionmaking. Further delay can be expected if an abductor appeals an order for return. Countries vary in how quickly courts have 

decided Hague Convention cases, ranging from 

extremely fast to very slow. 

Visitation. You can ask the foreign central 

authority to help arrange access pursuant to 

Article 21, either during the pendency of a 

return case, following the unsuccessful conclusion of a return proceeding, or instead of seeking return. However, this is the weakest part of 

the Hague Convention. The Hague Convention 

does not require “return” in access cases. This 

means that the court is not required to order 

the child to visit you in the United States. You 

should be prepared to go to the foreign country 

to see your child. 

Even if a foreign court order provides for visitation, you 

may find that the abductor controls how and when you see 

your child, if at all. 

—Tom Johnson 

Hague return cases aren’t supposed to be “best 

interests” hearings. Abductors may assert an 

Article 13b defense (grave risk of harm) to try 

to transform the return proceeding into a substantive custody trial. Your foreign attorney 

must be prepared to argue against allowing the 

abductor to litigate the merits of the case. 

Undertakings. Courts in some countries (notably, but not exclusively, the United Kingdom) 

attach conditions (often referred to as “undertakings”) to their return orders to protect the child 

C

h

a

pter F

o

ur 

until the courts of the country of habitual residence can issue orders concerning the child. For 

instance, a court may order a child returned 

(sometimes in the care of the abductor) but require the parent seeking return to pay for the 

child’s—and abductor’s—transportation, lodging, 

and support until a court in the country of habitual residence makes a custody decision. 

Hague Convention may take precedence over 

International Parental Kidnapping Crime Act 

(IPKCA) charges. U.S. Attorneys may refrain 

from charging the abductor with an IPKCA 

violation during the pendency of a Hague 

proceeding. 

Significant Public Benefit Parole. In some 

Hague Convention cases, courts have been 

reluctant to order a child returned when the 

abductor would be barred under immigration 

laws from entering the United States and thus 

from participating in custody proceedings. 

When these concerns arise, the foreign government may request that a parole be granted for 

the abductor for purposes of participating in 

custody or related proceedings in a U.S. court. 

Generally, in a Hague case the foreign central 

authority submits a formal request for parole to 

the U.S. Central Authority (USCA), which 

then coordinates with the State Department’s 

Visa Office. Depending on the situation, a 

waiver of visa ineligibility under the Immigration and Nationality Act, or Humanitarian Parole, may also be considered. 

Must you use the Hague Convention to 

seek your child’s return? 

No. The Hague Convention is not an exclusive 

remedy. You may seek the child’s return using 

any other remedy available under the law of the 

foreign country. However, the Hague Convention probably is the best remedy in international parental kidnapping cases for the following 

reasons: 

Q 

61

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

❉ You can apply for return even if you do not 

have a custody order.	

The U.S. Central Authority and the foreign 

central authority may be able to facilitate 

voluntary return or other resolution of the 

case. 

When an abductor learns that a Hague 

application has been filed, he or she may be 

more likely to return the child voluntarily. 

The foreign country may provide you with


free legal representation. This is in Article


26 of the Convention.	

Q What happens if a foreign court denies 

return of your child under the Hague 

Convention? 

❉

You may try alternatives under foreign law to 

recover your child. A return decision under the 

Hague Convention—whether ordering or denying return—is not a decision on the merits of 

custody. Thus, a decision denying return should 

not be used against you in other child custody

proceedings in the foreign country. 

❉

❉

Legal Solutions in 

Countries Not Party to 

the Hague Convention 

(and in Hague Countries, 

if You Do Not Invoke the 

Hague Convention or 

Return Is Denied)

Many foreign governments and legal systems have erected 

“pillars” that support abduction and retention: (1) extreme 

gender and/or national bias; (2) nothing comparable to con-	

tempt of court to enforce access, visitation, or return to the 

United States; (3) no principle of comity or respect for the	

laws and court orders of other countries; (4) payment of the


abductor’s legal fees and other expenses in their home coun­


try and the United States; (5) criminal legislation and law	

enforcement action to protect abductors; and (6) address


protection to help abductors and children “disappear.” These


same pillars also come into play if the case ends up in a


traditional custody proceeding in their courts. Some coun-


tries have all six pillars, while others have only a portion of 

them. But only one of the pillars may be necessary for a successful abduction/retention or for prevention of a left-behind 

parent in the United States from winning custody or visitation from a foreign court that exercises custody jurisdiction. 

—Tom Johnson 

Q How can you find out what to do if 

your child is abducted to a non-Hague 

country? 

Abduction cases to non-Hague countries remain the most difficult to resolve. Political, cultural, and religious differences between the 

United States and certain other countries may 

make recovery very difficult, perhaps impossible. Discuss recovery options with those most 

familiar with international kidnapping both in 

the United States and in the country to which 

the child was taken. Seek advice from your 

lawyer in the United States. You will probably 

also need an attorney in the foreign country to 

obtain authoritative advice on the laws of that 

country and to take legal action, if necessary. 

❉ You may be able to recover attorneys fees 

and other expenses if the child is ordered 

returned. This is also in Article 26. 

Courts are supposed to act expeditiously 

and can be asked to explain a delay after 

6 weeks. 

Very few defenses are available, and even	

when proved, a court can order return.	

Foreign courts cannot make substantive 

custody orders concerning your child while


the Hague action is pending.


❉

❉

❉

62 
63

Chapter Four

Check with the Office of Children’s Issues for

information about the policies, procedures, and

customs of the country in question. Check for

country-specific flyers on the CI Web site.

Ask CI and NCMEC for information or documentation about recovery methods that have

worked in the particular country. Talk to parents who have been in your shoes. Team

H.O.P.E. can match you with a parent of a

child abducted to the same country. Talk to the

local prosecutor for help/guidance (if your state

has enacted the UCCJEA with the relevant

sections).

Before you get involved in litigation in a foreign

court, consider trying to negotiate an out-ofcourt settlement with the abductor.

Can the U.S. Embassy represent you

in legal proceedings in the foreign

country?

No. U.S. consular and diplomatic officers are

prohibited by law from performing legal services on behalf of U.S. citizens (22 C.F.R. 92.81).

Thus, they cannot represent you, nor can they

give you legal advice. They can, however, monitor the legal proceedings and provide other

assistance, as described in the sidebar below.

What can the Office of Children’s Issues

(CI) in Washington and the U.S.

Embassy abroad do to help?

The Office of Children’s Issues in Washington

and the U.S. Embassy in the foreign country

can provide information on the customs and

legal practices in the country where your child is

residing. They can also provide you with general

information on serving process and obtaining

evidence abroad, and authenticating documents

for use in a foreign country. (See “The Role of

the State Department in International Parental

Kidnapping Cases” below.)

CI can provide you with a list of attorneys in a

foreign country who speak English, who may

be experienced in parental kidnapping cases 

or family law, and who represent Americans 

abroad. (Other sources of lawyer referrals 

appear later in this chapter.)

Q

Q

The Role of the State Department in International Parental Kidnapping Cases

What the State Department Can Do:

● In cases where the Hague Convention applies, assist parents in filing an application with foreign authorities for return of the child.

● Through U.S. Embassies and consulates abroad, attempt to locate, visit, and report on the child’s general welfare.

● Provide the searching parent with information on the country to which the child was abducted, including its legal system 

and family laws, and with a list of attorneys there willing to accept American clients.

● Provide a point of contact for the searching parent at a difficult time.

● Assist parents in contacting local officials in foreign countries or contact them on a parent’s behalf.

● List the child in a passport lookout database to alert the custodial parent of an application for a U.S. passport.

● Alert foreign authorities to any evidence of child abuse or neglect.

What the State Department Cannot Do:

● Reabduct the child.

● Help a parent to violate host country laws.

● Pay legal expenses or court fees.

● Act as a lawyer or represent parents in court.

● Give refuge to a parent involved in a reabduction.
A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

Consular officers in the U.S. Embassy may be 

able to resolve communication problems with a 

foreign attorney. They may inquire about the 

status of proceedings in the foreign court, and 

they will coordinate with your attorney to ensure that your rights as provided under the 

laws of that foreign country are respected. 

Will a foreign court enforce a U.S. 

custody/visitation order? 

Maybe. If your child is abducted to a country 

that is not a party to the Hague Convention (or 

you are not using the Hague Convention), you 

can petition a court in the foreign country to 

enforce your custody order. A custody order 

issued by a court in the United States has no 

binding legal force abroad. However, courts in 

some countries may recognize and enforce a 

U.S. custody order on the basis of comity (the 

voluntary recognition by courts of one jurisdiction of the laws and judicial decisions of another). Comity is not mandatory. 

Q 

What recourse do you have if a foreign 

court refuses to enforce your custody/ 

visitation order? 

If the foreign court refuses to honor a U.S. 

custody order, another possible option is to file 

for custody or visitation in the foreign court 

under the laws and customs of that country. 

Foreign courts decide child custody cases on 

the basis of their own domestic relations law. 

They are not bound by U.S. law, although they 

may consider your U.S. custody decree as evidence. (See “Foreign Custody Jurisdiction” on 

this page.) 

Q 

What if you don’t have a custody order? 

If you did not have a custody order at the time 

of the abduction or wrongful retention, a court 

in your state may still have jurisdiction to issue 

an order despite the child’s absence from the 

Q 

state. Consult with a family law attorney to find 

out if it is still timely to file for custody. The 

applicable law is the Uniform Child Custody 

Jurisdiction Act or the Uniform Child Custody 

Jurisdiction and Enforcement Act. Under our 

legal system, the abductor must be given notice 

of your lawsuit. Your lawyer will need a foreign 

address for the abductor. If the abductor’s 

whereabouts are not known, the law provides 

an alternative means of giving notice. 

A custody order made after an abduction is 

sometimes called a “chasing order.” Chasing orders may not be enforceable abroad, but there 

are reasons you may want to get one anyway. 

A custody order—even a temporary order— 

may be pivotal in getting law enforcement to 

investigate and prosecutors to prosecute. Importantly, once the child is returned, the order governs custody and visitation rights until modified. 

Foreign Custody 

Jurisdiction 

Under what circumstances will you have 

to litigate custody or visitation in the 

courts of a foreign country? 

This can happen if you lose a return or access 

case under the Hague Convention, if a foreign 

court refuses your request to enforce a U.S. 

custody or visitation order, if you do not have a 

U.S. order to enforce, or if you have been advised to seek custody in the foreign courts. 

Q 

What are the consequences of a foreign 

court exercising jurisdiction? 

Although custody litigation in a foreign court 

may result in a child’s return to the U.S.-based 

parent, this is by no means assured. Even if you 

were the child’s sole caretaker before the abducQ 

64

tion or wrongful retention, there is no certainty 

that you will be awarded custody. An abductor 

who returns to his or her country of origin with 

the child may have a home-court advantage. 

You may also be at a disadvantage if the country has a cultural bias in favor of either the 

mother or father or if religious laws preclude an 

award of custody to you. 

Even if you are awarded custody, there may be 

travel restrictions that interfere with the exercise 

of those custody rights. For instance, a Moslem 

husband’s permission is usually needed for his 

children to leave an Islamic country, despite the 

fact that the children also have, for example, U.S. 

citizenship, and regardless of whether his nonMoslem wife has been awarded custody. The 

wife may also need her husband’s permission to 

leave an Islamic country. Country-specific flyers 

and general information on Islamic family law 

are available on the State Department’s Web 

site. (See page 8.) 

Endless appeals and hearings in the other country, combined with a foreign government challenge all the way to 

your state supreme court of any custody order you have in 

the United States, are intended to exhaust your financial 

resources and to force you to give up. 

—Tom Johnson 

If a foreign country grants you custody or visitation rights, there may be no legal mechanism 

in the foreign country to enforce compliance 

with the order. Under those circumstances, 

your victory may have been won at an excessive cost because the abductor keeps the child. 

If you lose custody, a foreign court will not 

necessarily award you visitation. If visitation is 

ordered, the child may not be allowed to come 

to the United States for visits; instead, you may 

have to travel to the foreign country to visit. 

Moreover, those visits may be restricted to a 

particular place or supervised. 

C

h

a

pter F

o

ur 

Will you get a fair hearing? 

This depends on the country and its legal system as well as the facts of your case. Common 

law countries (in addition to the United States, 

Australia, Canada, Ireland, New Zealand, and 

the United Kingdom) are most likely to provide 

a fair custody hearing. The common law 

evolved in England and is based largely on 

high court decisions in specific cases. Courts 

are bound by the legal precedent set by higher 

court rulings. 

Civil law countries, which base their highly 

codified laws on Roman Law, do not provide 

the same kinds of due process protections or 

evidentiary rules that are basic to the U.S. legal 

system. Most countries of continental Europe 

and Central and South America have civil law 

systems. Whereas notice and opportunity to be 

heard are fundamental rights in U.S. custody 

proceedings, you may not be given adequate 

notice of proceedings in a civil law country. 

And you may not be able to obtain the abductor’s foreign address to serve notice of U.S. 

legal proceedings. Because civil law courts are 

not bound by precedent, case outcomes are less 

predictable than in common law countries. 

Q 

Will you face discrimination based on 

gender or nationality? 

In civil law countries (European countries, except Ireland and the United Kingdom) and 

others, you may face gender and/or nationality 

bias in the foreign courts. In Islamic countries, 

the children, at a certain age, come under the 

custody of the father or his family. For this reason, non-Moslem U.S. mothers do not fare well 

in Islamic courts in Middle Eastern countries. 

In other countries, partiality is shown to the 

parent from that country. 

Q 

65

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

Will your child’s wishes be considered? 

Courts look to local law and practice to determine whether to consider a child’s views. The 

law may set a minimum age, or it may contain 

vague standards. Article 13 of the Hague Convention allows a court to refuse to order the 

return of a child if it finds that the child objects 

to being returned and “has attained an age and 

degree of maturity at which it is appropriate to 

take account of its views.” The child’s wishes 

are not dispositive—that is, courts may consider 

but are not necessarily bound by the child’s 

stated preferences. 

Q 

If you are awarded custody or visitation, 

will the order be enforceable? 

In many countries, parents who are awarded 

custody (sole or joint) or visitation may find it 

practically impossible to enforce the order if the 

abductor refuses to surrender the child. The 

country may lack laws and procedures to compel compliance. In the United States and a few 

other common law countries, civil court orders 

can be enforced through the court’s civil and 

criminal contempt powers. If necessary, police 

action and incarceration of the offender can be 

used to enforce compliance. Judges in the vast 

majority of the countries of the world have nothing comparable to contempt power in civil cases. Judges in these countries cannot effectively 

enforce their own orders. 

Q 

Who pays? 

Litigating in a foreign court can be a huge financial burden for left-behind parents. Travel, 

attorneys fees, and lost wages and income really

add up. This is generally the responsibility of 

the parent. The abductor, on the other hand, 

may be subsidized in whole or in part by the 

foreign government. 

Q 

You may pay in another significant way, too. 

Protracted litigation in the foreign country and 

in the United States tends to delay matters and 

to prolong the time the child and abductor are 

together. The longer the child stays with the 

abductor, the less likely it is that a foreign 

court will disrupt the relationship by ordering 

return. 

Do you jeopardize your legal position in 

the United States by pursuing custody 

or visitation in a foreign court? 

Parents in the United States who pursue custody in foreign countries (when their Hague or 

enforcement action fails) run the risk that the 

foreign parent will then argue to a U.S. court 

that you have waived U.S. jurisdiction by 

participating in foreign proceedings. You can 

avoid this possibility by seeking an order from 

your home state court to the effect that your 

participation in foreign proceedings is totally 

without prejudice to your rights under U.S. law 

and to the validity of any U.S. custody orders 

you have obtained. Consult your attorneys in 

the United States and abroad to craft the best 

approach to protect and promote your interests 

in both countries. 

Q 

Can criminal charges in the United 

States against the abductor be helpful 

if civil proceedings abroad are not? 

Possibly. Chapter 5 describes the advantages 

of using the criminal process in international 

parental kidnapping cases. It also examines 

reasons why the criminal process may not 

succeed with respect to a particular abductor 

(who may not be extradited for various reasons) or child (who is not the subject of a 

criminal process). 

Q 

66

C

h

a

pter F

o

ur 

family members of military personnel stationed 

overseas, while not subject to return, are encouraged to comply with court orders and face sanctions if they do not. Although the abducted child 

is not the subject of a return order or other sanctions, formal punitive measures taken against a 

parent may have a coercive effect that results in 

the child being returned to the United States. 

If your child is abducted to or wrongfully retained on an overseas U.S. military installation, 

you should contact the base commander for 

help consistent with the directive discussed 

above. If your case cannot be resolved within 

the service member’s chain of command, you 

can contact the Army, Navy, Air Force, and 

Marine Corps legal assistance offices, which are 

points of contact for international abduction 

cases involving children of service members. 

See the “Directory of Resources” for contact 

information. 

Finding a Lawyer 

Do you need a lawyer? 

In most cases, yes. International parental kidnapping cases are complicated. At a minimum, 

you will need a lawyer to navigate the legal system of the foreign country on your behalf. You 

may also need a lawyer in the United States. 

Your U.S. lawyer may: 

Q 

❉ Go to court on your behalf to obtain or 

modify a custody determination. 

Help you identify foreign counsel and assist 

your foreign lawyer, as needed. 

❉

Managing your resources correctly could make the difference between getting your child back and not getting your 

child back.A good expenditure of resources is on good 

sound legal counsel. 

—Paul Marinkovich 

Q 

Children Abducted to 

Overseas U.S. Military 

Installations 

Are there any special remedies if the 

abductor is stationed overseas with the 

U.S. military? 

Status of Forces Agreements generally protect 

members of the U.S. Armed Forces against 

lawsuits (including those to enforce U.S. custody orders) brought in the civilian courts of 

the country in which they are stationed. You 

may, however, have an administrative remedy 

under Department of Defense (DOD) Directive 5525.9 (Compliance of DOD Members, 

Employees, and Family Members Outside the 

United States With Court Orders) (32 C.F.R. 

Part 146). This directive gives base commanders authority to enforce compliance with U.S. 

court orders concerning child custody or criminal parental kidnapping. 

The directive requires the head of the overseas 

component (referred to here as “commanding 

officers”) to cooperate with courts and with 

federal, state, and local officials who request 

assistance in enforcing court orders against 

active-duty members of the Armed Forces, 

DOD civilian employees, or family members 

who accompany them. The directive applies to 

covered individuals who have been held in contempt for failing to obey a custody order, ordered to show cause why they should not be 

held in contempt, or charged with or convicted 

of a state or federal felony (including parental 

kidnapping). 

Military personnel on active duty overseas can 

be compelled to return to the United States to 

comply with court orders under circumstances 

described in the directive. Civilian employees, 

family members accompanying them, and 

67

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

❉ Help you in your dealings with law enforcement and prosecutors. 

Sue the abductor on your behalf for monetary damages. 

Seek better laws to address international 

parental kidnapping. 

❉

❉

Your foreign lawyer may: 

❉ Try to negotiate an out-of-court solution. 

Bring legal action for the child’s return or 

for access under the Hague Convention. 

Sue to enforce a U.S. court order. 

Sue for custody in the foreign court. 

Seek enforcement of a return order issued 

by a foreign court. 

Seek to arrange visitation between you and 

your child during the pendency of return 

proceedings, or afterwards if they are 

unsuccessful. 

Intervene with foreign law enforcement 

authorities for assistance in locating and 

apprehending the abductor. 

❉

❉

❉

❉

❉

❉

What should you look for in a lawyer? 

Ideally, you want to find a lawyer who has successfully handled international parental kidnapping cases and whose fees you can afford. Your 

foreign lawyer should be conversant in English. 

Where can you get referrals to lawyers 

who have handled international 

parental kidnapping cases? 

Parents who have experienced the abduction 

of a child to a particular country are probably 

the best sources of referrals to lawyers and other helpful professionals in that country. Seek 

Q 

Q 

out similarly situated searching parents. Find 

out who their lawyers are and if they recommend them. 

To find other parents who have had similar 

experiences, contact: 

❉ National Center for Missing & Exploited 

Children. 

❉ Team H.O.P.E. 

❉ Your state missing children clearinghouse. 

❉ Association of Missing and Exploited 

Children’s Organizations. 

❉ Department of State, Office of Children’s 

Issues. 

❉ The embassy of the country involved. 

When you ask another parent about an attorney and the 

response is something like,“I guess he was all right, but . . . ,” 

this is definitely not the right attorney for you.When the 

response is something like,“Oh my gosh, you have to use 

this attorney because he is fantastic and takes these cases 

to heart,” then you have found the right one and are ready 

for your interview. 

–Paul Marinkovich 

Troubleshooting: Many missing children organizations and government offices are bound 

by privacy laws and policies and will not release 

the names of other parents without their permission. If you run into this problem, ask the 

agency to give your name and phone number to 

parents of children abducted to the same country, and ask to have those parents call you (collect, if necessary). 

If you can’t get an attorney referral from a parent with first-hand experience, other sources 

can give referrals to lawyers in the United 

States and abroad. 

68

To find a lawyer in the United States, contact: 

❉ American Bar Association, Section of 

Family Law, 312–988–5145, www.abanet. 

org/family/home.html. 

❉ American Academy of Matrimonial 

Lawyers, 312–263–6477, www.aaml.org/. 

❉ Local and state bar associations/lawyer referral services. Visit the ABA‘s “Consumer 

Guide to Legal Help” at www.findlegalhelp. 

org. Some local bar associations list their 

referral services in the government listings in 

the telephone book. 

❉ Department of Defense Legal Assistance 

Offices. If you are a member of the armed 

services or an accompanying family member, you may be eligible for legal assistance 

from the Legal Assistance Office for your 

branch of service. 

❉ International Child Abduction Attorney Network (ICAAN). Maintained by NCMEC, 

ICAAN seeks to find attorneys in the United States to represent foreign parents in 

Hague Convention cases brought in U.S. 

courts. These same attorneys may be skilled 

in handling outgoing abduction cases and 

may be willing to take your case on a feefor-service basis. 

To find a lawyer in another country, contact: 

❉ The Office of Children’s Issues. Parents 

who are seeking the return of abducted 

children under the Hague Convention may 

be eligible for free counsel in the foreign 

country. In its capacity as the U.S. Central 

Authority for the Hague Convention, CI 

can contact a foreign central authority on 

behalf of an applicant-parent in the United 

States to ask about the availability of free or 

reduced-fee counsel in the foreign country 

for a Hague Convention proceeding. Information about retaining a foreign attorney is 

available online. Go to www.travel.state. 

gov/law. Click on “Retain a Foreign 

Attorney.” 

❉ NCMEC may be able to make referrals to 

counsel in other countries, although not 

necessarily on a pro bono or reduced-fee 

basis. 

❉ International Academy of Matrimonial 

Lawyers, an association of lawyers in the 

United States and abroad with expertise in 

family law matters (www.iaml.org). 

❉ International Law Committee of the ABA 

Section of Family Law (address above). 

❉ Family Law Committee of the International 

Bar Association (IBA), a group of lawyers 

who handle international family law cases. 

Contact the current chairperson for 

referrals to lawyers in the United States 

and abroad (www.ibanet.org). 

What if you can’t afford a lawyer? 

❉ Look in the government pages of your local 

telephone directory under “Legal Aid” or 

“Legal Services Corporation” for the telephone number of the closest legal aid office. 

Call and ask if the office handles cases like 

yours. Many legal aid offices do not take 

family law cases. If yours doesn’t, ask for 

a referral to the closest office that does. 

❉ Local bar associations may provide reducedfee legal services or may encourage attorneys to commit time to pro bono cases. 

❉ Law school legal clinics in your area may 

assign law students to handle family law 

cases. They work under the supervision 

of the clinic director, who is typically a 

licensed attorney. Check your local telephone book for area law schools. 

❉ Local battered women’s shelters can sometimes help find affordable legal counsel. 

C

h

a

pter F

o

ur 

Q 

69

Q What are child-snatching tort suits? 

Searching parents may sue abductors and others who assist them (e.g., grandparents, siblings, friends) for damages caused by the defendants’ tortious (i.e., wrongful) conduct. The 

lawsuits seek compensation for out-of-pocket 

expenses and pain and suffering resulting from 

Q What questions should you ask before 

hiring a lawyer? 

After you have identified a lawyer (or preferably more than one), call for an initial consultation. If it is convenient, go to the lawyer’s office. 

If not, you can interview the lawyer on the telephone. Describe your situation and ask the 

lawyer about his or her relevant experience.


Retain (hire) the lawyer only if you are comfortable with him or her and sense that the 

lawyer is equipped to handle your case. Be sure 

that the fee arrangement is acceptable to you. 

Consider asking for itemized bills. Interview 

another lawyer if necessary.	

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

❉ Parents’ rights organizations (e.g., fathers’ 

organizations, grandparents’ rights organizations, and mothers-without-custody organizations) and similar groups may recommend lawyers to their constituents. 

❉ Does your country have any legal aid 

provisions? 

Does your country pay the abductor’s legal 

fees?

What is your estimate of what my legal bill 

will be?

Can you provide references of parents you


have represented in similar cases? (Or you


can ask the lawyer to have clients call you.)


❉

❉

❉

Q What should you do if your lawyer isn’t


getting results?


If you lose confidence in your lawyer or if your


lawyer isn’t getting satisfactory results, discuss


your concerns with him or her. Depending on


the direction your conversation takes, you may


decide to discharge the lawyer and hire some-


one else to represent you. This can be a severe


drain of time and resources, but it can also turn 

You can use the following list of questions for	 the whole case around. 

the initial interview. Adapt it for interviewing 

U.S. and foreign lawyers:	 Good legal counsel is a good expenditure, but the absolute 

best expenditure of resources is replacing ineffective legal 

counsel in midstream. . . . I have seen parent after parent 

struggle with attorneys who have not done the job.The 

most common thing I hear after the fact is that I wish I 

would have acted sooner. 

—Paul Marinkovich 

❉ How long have you been in practice? 

How many international parental kidnapping cases have you handled? How many 

Hague Convention cases? 

How many American parents have you


represented in international parental kid­


napping cases?


How many of the cases resulted in the 

children being returned?


How would you handle my case? 

Do you represent abducting parents? 

What are your fees and how do you request 

they be paid?	

❉

❉

Child-Snatching 

Tort Suits
 ❉

❉

❉

❉

70 
C

h

a

pter F

o

ur 

would recover little or nothing for your efforts. 

On the other hand, a well-founded lawsuit may 

serve as leverage to obtain the child’s return. 

If you decide against a child-snatching tort suit, 

there are other ways to seek recovery of your 

out-of-pocket expenses (i.e., the money you 

spent searching for your child, bringing legal 

action, paying lawyers, and going for counseling). Courts ordering return under the Hague 

Convention have authority to award attorneys 

fees and other expenses. (In the United States, 

they must do so unless clearly inappropriate.) Victim assistance laws (both state and federal) may 

provide funds to left-behind parents if the abductor is criminally charged. At criminal sentencing, a judge can order an abductor to make 

restitution to you for some or all costs incurred 

in the location, recovery, and postrecovery 

treatment. 

The Self-Help Dilemma 

The Department of State strongly discourages 

taking desperate and possibly illegal measures 

to return your child to the United States. If you 

are contemplating such desperate measures, 

please consider not only the emotional trauma 

your child has already experienced as the victim 

of abduction, but the further trauma that may 

be inflicted by a reabduction. NCMEC also 

advises against reabduction, not only because it 

may subject the parent to criminal charges in 

the foreign country, but also because of possible 

psychological and physical harm to the child. 

Attempts to use self-help measures to recover 

an abducted child from a foreign country also 

may prejudice any future judicial efforts you 

Q Do you have to use the foreign legal 

system, or can you just go and get your 

child? 

the abduction/concealment. They do not generally seek return of a child. However, the child 

may be located—and possibly returned—as a 

result of the lawsuit, either through the discovery 

process, which takes place after the suit is filed, 

or as part of a settlement with the defendant(s). 

State law determines the causes of action, if any, 

that may be available in a child-snatching case. 

These include, but are not limited to, claims for 

unlawful imprisonment, interference with 

custody or visitation, enticement, intentional 

infliction of emotional distress, outrageous conduct, and civil conspiracy. Child-snatching tort 

suits have been successfully brought in both 

state and federal courts. However, courts in a 

few states have refused to recognize such 

claims. 

Q	 What kind of lawyer do you need for a


child-snatching tort suit?


Your family lawyer may be able to bring a tort 

suit for you. However, you can also consult an 

attorney whose practice focuses on personal 

injury matters. Most tort actions are done on a 

contingency basis. This means that you do not 

pay legal fees to your attorney unless you win 

the case. The retainer agreement for the attorney’s services normally specifies the percentage 

of the recovery that the lawyer keeps as compensation. Typically, you are responsible for 

filing fees and court costs. 

Q	 Are child-snatching tort suits advisable 

in every case? 

No, for a variety of reasons. First and foremost, 

you may be tired of legal battles. You may not 

want to get involved in another. From a legal 

standpoint, your state law may or may not recognize a cause of action for parental kidnapping, 

custodial interference, or the like. Even if it does, 

it may be futile to sue a defendant who would 

be financially unable to pay a judgment; you 

71

Q Can you be prosecuted abroad?	

Possibly. Many countries closely regulate their 

borders and may maintain special lookouts for 

children likely to be reabducted. Depending on 

local law, a parent who is caught attempting a 

“snatch back” could be arrested and imprisoned 

in foreign jails. In imposing sentence on a parent convicted of parental kidnapping (or other 

applicable law), a foreign court will not necessarily show leniency to a parent who had 

a custody order in his or her home country. A 

parent could be imprisoned or deported, which 

could preclude any future visitation with the 

child in the foreign country. 

If you do succeed in leaving the foreign country 

with your child, you—and anyone who assisted 

you—may be the target of arrest warrants and 

extradition requests in the United States or any 

other country where you are found. Defending 

yourself against such proceedings is costly. 

Even if you are not ultimately extradited and 

prosecuted, an arrest followed by extradition 

proceedings can be very distressing for both 

you and your child.	

Q Will your child be safe on return to the 

United States? 

There is no guarantee that the chain of abductions will end once you return the child to the

United States. Indeed, aggressive self-help may

provoke another abduction.

Q What are the risks of hiring someone to 

recover your child? 

Not only is self-help legally risky and potentially 

traumatic, it can be expensive, especially if you 

hire a “commando” to recover your child. Talk 

to similarly situated parents if you are considering hiring someone who promises to recover 

your child. Team H.O.P.E. can put you in touch 

with another parent to share experiences and 

discuss your particular circumstances. While 

you may hear occasionally of a successful recovery, it is important to understand the numerous risks involved. You stand to lose the 

money you pay, which can be considerable. 

You may ruin any chance you have of lawful 

recovery or of securing access to your child in 

the foreign country. Your child may be traumatized by a failed recovery attempt, or even by a 

successful one. If your agent is unsuccessful, 

the abductor may hide the child to guard against 

another abduction attempt, your agent may face 

prosecution, and you may face liability as an 

accomplice. 

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

might wish or need to make in the foreign 

country to stabilize the situation. 

72 
❉ Voluntary return of your child is the best possible solution, but it may be out of the question in your case. If 

you do try to work out an agreement with the abductor for the child’s return, be careful not to create the 

impression, by things you say or do, that you are giving up your custody rights or consenting to or acquiescing in the abduction or retention. (See pages 50-52.) 

❉ If voluntary return is not feasible and your child is in a country that is party to the Hague Convention on 

the Civil Aspects of International Child Abduction, the Hague Convention is probably the best remedy for 

securing your child’s return. You can also invoke the Hague Convention to try to exercise visitation with 

your child, although it has not proven to be particularly effective in “access cases.” (See pages 52–62.) 

❉ Legal solutions in non-Hague countries exist, but the results are not predictable and tend to vary by country. Some countries will enforce U.S. custody orders. In others, you may have to seek a new custody order. 

Courts in some countries grant custody based on the child’s best interests. In others, the child’s best interests are not paramount, and courts may base custody decisions on nationality, gender, or religion. Refer to 

the State Department’s country-specific flyers, available online, for information about the custody laws of 

select countries. NCMEC’s publication titled Family Guide to Surviving Abduction in the Islamic World addresses the issues of how to deal with international parental abduction in Islamic countries. (See pages 62–66.) 

❉ Assistance may be available from a commanding officer if your child has been taken to or kept on an 

overseas U.S. military installation. (See page 67.) 

❉ Because of the complexities of international family law cases, you will most likely need to hire a lawyer in 

the foreign country and one in the United States. Some Hague Convention countries provide left-behind 

parents with free legal representation. (See pages 67–70.) 

❉ In addition to taking legal action in a foreign country to recover a child, child-snatching tort suits may be 

brought in U.S. courts for money damages. These suits may incidentally result in a child’s return. (See pages 

70–71.) 

❉ The State Department and the National Center for Missing & Exploited Children strongly discourage 

self-help recoveries. (See pages 71–72.) 

C

h

a

pter F

o

ur 

KEY POINTS 

73

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

NOTES __________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

74

C

h

a

pter O

n

e

C

h

a

pter Fiv

5. The Crime of International 

e 

Parental Kidnapping 

International parental kidnapping is a crime under both federal and state law. Specific provisions of state laws vary. Not every abduction or 

wrongful retention case will be covered by the applicable laws, nor will every case be prosecuted. Using the criminal process against international abductors has certain advantages, a key one being the ability of U.S. law enforcement to seek the cooperation of foreign authorities to 

locate and apprehend the abductor. Nevertheless, left-behind parents should consider a variety of issues before pursuing charges. For instance, 

very few countries are willing to extradite their own nationals. Even assuming that extradition of the abductor is possible, parents must be 

prepared to pursue other avenues to secure the child’s return because the criminal process is aimed at returning the abductor and will not 

necessarily result in the child’s recovery. 

This chapter describes criminal parental kidnapping laws and explains how the criminal justice process works in international parental kidnapping cases. It should help you make an informed decision about whether to pursue charges and let you know what to expect if you do. 

Specifically, this chapter does the following: 

❉ Provides an overview of the state and federal criminal laws that apply in international parental kidnapping cases. 

Describes the roles of local law enforcement officials and prosecutors and their counterparts in the federal government—FBI agents 

and U.S. Attorneys—in investigating and prosecuting these cases. 

Explains the requirements for extradition and the reasons why extradition may not be a viable option in a given case. 

Points out the advantages and drawbacks of the criminal process. 

Raises issues for you to consider in deciding whether to file a criminal complaint against the abductor. 

Tells you how to proceed if you decide to pursue charges. 

❉

❉

❉

❉

❉

Frequently Asked Questions 

State Crimes 

What basics should you know about state criminal parental kidnapping laws and the criminal process? 

What does your state parental kidnapping law cover? 

Can accomplices be criminally charged? 

What roles do local police and prosecutors play when an international parental kidnapping occurs? 

Q 

75 
A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

Federal Crimes 

What basics should you know about federal criminal parental kidnapping laws and policy?


What is the Fugitive Felon Act?


What is the procedure for getting an Unlawful Flight to Avoid Prosecution (UFAP) warrant in 


an international parental kidnapping case?


What happens once a UFAP warrant is issued?


What is the International Parental Kidnapping Crime Act (IPKCA)?


Who is responsible for charging an abductor with an IPKCA violation, and how is the decision made?


Are there special charging considerations under IPKCA when children are abducted to or wrongfully


retained in countries that are party to the Hague Convention on the Civil Aspects of International


Child Abduction?


What charging considerations are there when children are abducted to non-Hague countries?


Who investigates an IPKCA violation?


Foreign Crimes 

Can an abductor be prosecuted in another country? 

Arrest 

What happens to the abducted child when an abductor is arrested in a foreign country? 

Extradition 

What is extradition?


Is the child returned to the United States pursuant to the extradition of the abductor?


What are the prerequisites for extradition?


Conviction, Sentencing, and Crime Victim Assistance 

What basics should you know about conviction and punishment? 

Is victim assistance available to a left-behind or searching parent? 

Pursuing Criminal Charges 

Should you pursue charges against the abductor? 

What are the advantages of criminal prosecution? 

76

clearinghouse, a local missing children’s organization, and/or your lawyer. A chart of “State 

Criminal Custodial Interference Statutes,” with 

code sections for the 50 states and the District 

of Columbia, is available on the National 

Center for Missing & Exploited Children’s 

(NCMEC’s) Web site at www.missingkids.com 

(click on “Resources for Attorneys”). You can 

also check with the local police or prosecutor 

about applicable laws, although you may be 

more effective in dealing with law enforcement 

authorities if you already know what your state 

law provides. 

Can accomplices be criminally charged? 

Yes. Generally speaking, friends, relatives, and 

others who assist the abductor to abduct, retain, or conceal the child can be criminally 

charged as accomplices or co-conspirators. 

(However, just because they can be charged 

does not mean that they will be charged.) 

Q 

What roles do local police and prosecutors play when an international parental 

kidnapping occurs? 

Local law enforcement officers (e.g., your local 

police or sheriff) take reports of missing children 

and enter them in the National Crime Information Center Missing Person File (NCIC–MPF), 

as required by federal law. (See “About NCIC” 

Q 

C

h

a

pter Five 

What else should you consider before seeking criminal charges against the abductor? 

How do you pursue criminal charges against the abductor? 

Troubleshooting 

What myths hinder criminal prosecution and investigation, and how can they be dispelled? What 

are the realities? 

What other practical problems are you likely to encounter, and what solutions are there? 

What recourse do you have if the prosecutor declines to prosecute the abductor? 

State Crimes 

All 50 states and the District of Columbia have 

laws that treat parental kidnapping as a “felony” 

under specified circumstances. Generally, abductions and retentions that involve crossing state 

lines or leaving the country are felonies. Felony 

crimes are punishable by jail or prison terms 

longer than 1 year, payment of a fine, or both. 

Many states also have laws that treat parental 

kidnapping as a less serious crime, called a 

“misdemeanor,” under specified circumstances. 

Misdemeanors are punishable by incarceration 

in jail for up to 1 year, payment of a fine, or both. 

What does your state parental 

kidnapping law cover? 

Criminal parental kidnapping laws vary from 

state to state. Obtain a copy of your state’s law 

by checking state criminal codes for applicable 

statutes either online or at your local library or 

law library. Such statutes are commonly called 

custodial interference, child abduction, child 

stealing, and parental kidnapping. 

Copies of parental kidnapping laws may also 

be available from your state missing children 

Q 

Q What basics should you know about 

state criminal parental kidnapping laws 

and the criminal process? 

77

Federal Crimes 

Q What basics should you know about 

federal criminal parental kidnapping 

laws and policy? 

Two federal criminal statutes apply in international family abduction cases: the Fugitive Felon 

It is FBI policy that the initiation of any criminal process in international parental kidnappings will be made on a case-by-case basis after 

considering all factors and the guidance of affected state and federal law enforcement agencies, affected state and/or federal prosecutors, 

the Departments of State and Justice, and the 

left-behind parent. 

Q What is the Fugitive Felon Act? 

The Fugitive Felon Act (18 U.S.C. § 1073) is a 

federal statute designed to facilitate state prosecutions of state felony crimes. The Federal 

Parental Kidnapping Prevention Act of 1980 

(PKPA) clarified congressional intent that the 

Fugitive Felon Act applies to interstate and 

international abduction cases (18 U.S.C. § 1073 

note). 

Q What is the procedure for getting an 

Unlawful Flight to Avoid Prosecution 

(UFAP) warrant in an international 

parental kidnapping case? 

First, the abductor must be charged with a felony under state law. Then the local or state 

prosecutor (not a left-behind parent) applies in 

writing to the U.S. Attorney or the FBI for a 

UFAP warrant pursuant to the Fugitive Felon 

Act. There must be evidence that the abductor 

has left the state or the country. A UFAP warrant usually will not be issued if the abductor’s 

whereabouts are known, since the prosecutor 

can begin extradition proceedings without the 

help of the FBI. However, exceptions may be 

made in international abduction cases. The state 

prosecutor must give assurances that the offender will be extradited for prosecution. 

For the FBI to assist with a UFAP warrant, the 

following criteria must be met: 

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

and discussion of AMBER Alerts in Chapter 

2.) The law also requires officers to investigate 

missing person cases. However, their ability to 

investigate cases that cross into foreign countries is limited. Law enforcement officers will 

coordinate with the local prosecutor (e.g., 

the district attorney, county attorney, state’s 

attorney). 

Act and the International Parental Kidnapping 

Crime Act (IPKCA). 

The local prosecutor may charge the abductor 

with a crime, depending on the circumstances of 

the abduction, the state criminal laws, and investigative input from local law enforcement. Decisions to prosecute are made on a case-by-case basis by 

the prosecutor, who has discretion about whether and 

how to charge a case. (This is called “prosecutorial 

discretion” and is exercised with respect to all 

criminal conduct.) When an abductor is charged 

with a state felony, the prosecutor may apply 

for a Federal Unlawful Flight to Avoid Prosecution (UFAP) warrant to bring the Federal 

Bureau of Investigation (FBI) into the investigation. (UFAP warrants are discussed below.) 

Law enforcement and prosecutors may also 

have authority under state civil statutes (for 

example, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)) to enforce custody determinations and to locate and 

recover abducted children—even if the abductor is not charged with a crime. For more information, see “UCCJEA” in the list of “Recommended Reading” on page 109 of this guide, 

and text on pages 6 and 58–59. 

78 
C

h

a

pter Five 

The FBI’s investigation pursuant to a UFAP 

warrant is directed at finding and returning the 

fugitive abductor. The child is not the focus of 

the investigation. If an abductor is located but 

the abducted child is not, the criminal investigation ends and the searching parent must continue the search. If foreign law enforcement counterparts discover the child’s whereabouts during 

the course of an investigation to locate and apprehend the abductor, the laws and practices of 

the foreign country dictate what they do with 

the child. They may be authorized to take custody of the child, to alert local child welfare 

authorities about the child, to return the child 

to the left-behind parent, or to notify the leftbehind parent to pursue recovery. 

What is the International Parental 

Kidnapping Crime Act (IPKCA)? 

In 1993, Congress passed the International 

Parental Kidnapping Crime Act (18 U.S.C. 

§ 1204), making international parental kidnapping a federal felony crime. The law was 

strengthened in 2003 when Congress made 

“attempted international parental kidnapping” a 

crime as well. The amendment is Section 107 of 

the PROTECT Act (Pub. L. No. 108-21 (117 

STAT 655)). 

IPKCA sends a strong message to the world 

that the United States views parental kidnapping as a serious crime. By enacting IPKCA, 

Congress also intended to deter abductions and

to bolster efforts by U.S. diplomats overseas to 

secure the cooperation of foreign governments 

in returning abducted children to this country. 

IPKCA makes it a federal felony for anyone to 

remove, or attempt to remove, a child under age 

16 from the United States or to retain a child 

(who has been in the United States) outside the 

United States with the intent to obstruct the 

lawful exercise of parental rights. “Parental 

Q 

Q 

❉ Probable cause must exist for belief that the 

abducting parent has fled interstate or internationally to avoid prosecution or 

confinement. 

❉ State authorities must have an outstanding 

warrant for the abductor’s arrest, charging 

him or her with a felony under the laws of 

the state from which the fugitive is fleeing. 

❉ State authorities must agree to extradite 

and prosecute the fugitive from anywhere 

in the United States on apprehension 

by the FBI. 

❉ The local prosecuting attorney or law 

enforcement agency must make a written 

request to the U.S. Attorney for FBI 

assistance. 

❉ The U.S. Attorney must authorize the filing 

of a complaint and the federal arrest process must be outstanding prior to the time 

that the investigation was instituted. 

What happens once a UFAP warrant 

is issued? 

When a UFAP warrant is issued, the FBI investigates. An FBI agent in the United States 

coordinates an international investigation with 

the FBI Legal Attache stationed at the U.S. 

Embassy in the country to which the abductor 

has fled. Because U.S. authorities do not have 

jurisdiction in other countries, the FBI Legal 

Attache calls on foreign law enforcement counterparts to continue the investigation with a 

view toward arrest and extradition. When arrested, the fugitive may return voluntarily to 

the United States or be extradited, pursuant 

to applicable treaties, to stand trial in state court 

on the state parental kidnapping charges. Under these circumstances, the federal criminal 

charges under the Fugitive Felon Act would 

normally not be prosecuted. 

79

Q	 Who is responsible for charging an 

abductor with an IPKCA violation, 

and how is the decision made? 

The U.S. Attorney, usually in the district from 

which the child was taken, has authority to 

bring IPKCA charges in an international parental kidnapping case. As in all criminal matters, 

decisions are made on a case-by-case basis, and the 

U.S. Attorney exercises prosecutorial discretion as to 

whether to charge a case. 

The U.S. Attorney will consider, among other 

things, whether state criminal charges are pending that could effectively resolve the case or 

whether IPKCA is the only charging option. 

Because of the broad definition of the federal 

crime, some wrongful removals and retentions 

that do not fall under state laws may be covered 

by IPKCA. As a result, some cases can only 

be prosecuted under federal law. For instance, 

IPKCA covers predecree abductions and visitation interference cases, whereas some state laws 

do not. If a case is charged under state law, 

IPKCA charges normally will not be brought 

because of the adequacy of the state law remedy. (An abductor can be extradited for a state 

Q	 Are there special charging considerations under IPKCA when children are 

abducted to or wrongfully retained in 

countries that are party to the Hague 

Convention on the Civil Aspects of 

International Child Abduction? 

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

rights” are defined as the right to physical custody of the child, including visitation rights, 

whether that right is joint or sole and whether 

the right arises by operation of law, court order, 

or legally binding agreement of the parties. Violation of the statute is punishable by a fine, up 

to 3 years’ imprisonment, or both. 

The law provides three affirmatives defenses: 

the defendant (1) was acting within the provisions of a valid custody or visitation order; 

(2) was fleeing an incidence or pattern of domestic violence; or (3) failed to return the child 

because of circumstances beyond his or her 

control, notified or made reasonable attempts to 

notify the other parent within 24 hours, and 

returned the child as soon as possible. 

felony as well.) However, there may be situations where the state may drop its prosecution 

in favor of federal prosecution (for instance, if 

the state cannot afford to extradite the abductor). Such a decision would involve coordination 

between state and federal prosecutors. 

The International Parental Kidnapping Crime 

Act expresses Congress’s sense that, where applicable, the Hague Convention should be “the 

option of first choice for a parent who seeks the 

return of a child who has been removed from 

the parent.” (The Hague Convention, an international treaty aimed at returning abducted and 

wrongfully retained children promptly to their 

country of habitual residence, is discussed in

chapter 4.) If the abduction is to a Hague country, the U.S. Attorney will consider whether a 

civil remedy has been sought under the Hague

Convention and whether a criminal prosecution

under IPKCA (or any other state or federal

criminal statute) might adversely affect return 

proceedings. 

An outstanding criminal warrant may deter a 

voluntary or negotiated return or may adversely

impact a judge’s decision to return a child under 

the Convention. Some foreign judges have been 

reluctant and others have refused to order a 

child’s return if the abductor would be arrested 

on state or federal charges on his or her return 

to the United States. This is not a unanimous 

view, however. Central authorities in eight countries have reported that criminal charges are 

sometimes helpful to a Hague proceeding. (See

“Can criminal charges against an abductor impact a Hague proceeding for the child’s 

return?” on page 60.) 

80 
C

h

a

pter Five 

Criminal charges may be appropriate when 

abductors violate Hague court orders and refuse to return the child. Also, an IPKCA warrant may be useful in locating and facilitating 

the return of a child. While the U.S. Attorney 

must be mindful of Congress’s declaration that 

the Hague Convention is the preferred remedy 

for the recovery of a child who has been abducted to a country party to the Hague Convention, it is not a hard and fast rule. The leftbehind parent should convey his or her wishes 

and concerns regarding a Hague Convention 

remedy in the case. 

What charging considerations are there 

when children are abducted to nonHague countries? 

Many countries, including some Hague countries, do not recognize parental kidnapping as a 

crime, thus making international extradition 

unavailable. Nevertheless, IPKCA (or state) 

charges against the abductor may be useful in 

locating the abductor and child. INTERPOL 

alerts of various kinds may facilitate detection 

of the abductor’s travel to another country from 

which extradition may be possible. The leftbehind parent should continue his or her own 

efforts to recover the child even if the abductor 

is extraditable, because the child is not subject 

to extradition. 

The FBI investigates IPKCA violations, usually 

following a complaint by the left-behind parent. 

The FBI may open a preliminary investigation 

before criminal charges are formally brought. 

When an abductor is charged with violating 

IPKCA, the FBI investigates the case as an 

international fugitive felon matter. 

As in UFAP investigations, the FBI’s goal is to 

find and apprehend the abductor. If the child 

is located as a result of the investigation, the 

FBI does not physically return the child to the 

left-behind parent. Foreign authorities may 

assist in this regard, depending on local law 

and practice, but parents must be prepared to 

arrange for the child’s return. 

Caveat: Congressional oversight hearings and a 

report by the General Accounting Office have 

revealed that very few abductors have been 

prosecuted under the International Parental 

Kidnapping Crime Act since its enactment in 

1993. If you encounter difficulties in obtaining 

assistance from your local FBI or U.S. Attorney’s office, additional steps you can take are 

suggested later in this chapter. 

Foreign Crimes 

Can an abductor be prosecuted in 

another country? 

In many foreign countries, nationals of the 

country can be prosecuted for acts committed 

abroad if the same act is a crime under local 

law. (Not all countries treat parental kidnapping as a crime.) U.S. law enforcement authorities can request such a prosecution and forward 

the evidence that would have been used in a 

U.S. prosecution. 

(Self-help recoveries may put left-behind parents at risk of being prosecuted abroad also. 

See page 71–72.) 

Arrest 

What happens to the abducted child 

when an abductor is arrested in a 

foreign country? 

Q 

When an abductor is arrested for international 

parental kidnapping, only the abductor—not 

the child—is subject to return to the United 

States to stand trial. The laws and practices in 

Q 

Q 

Q Who investigates an IPKCA violation? 

81

Q What are the prerequisites for 

extradition? 

State or federal felony and a commitment to 

prosecute. State and federal prosecutors must 

contact OIA at the outset of a case in which they 

intend to seek extradition. Either a state or federal felony violation may serve as the basis for 

an extradition request, provided the maximum 

penalty meets the specific treaty requirement, 

usually 1 year or more of imprisonment for an 

extraditable offense. Extradition for both state 

and federal prosecutors reflects a commitment 

to prosecute the abductor. The prosecutor must 

commit in writing to prepare the extradition

request with supporting evidence; to pay the 

costs of extradition (translation and travel costs 

for escorts and the fugitive); and, assuming extradition is successful, to prosecute the abductor whether or not the child is returned. 

Extradition treaty that covers parental kidnapping expressly or by mutual interpretation. For extradition to occur, the United States 

must have an extradition treaty with the country of refuge and the treaty partner must be 

Extradition 

Q What is extradition? 

International extradition is the means to return 

the abductor to the United States for prosecution 

under state or federal law if the abductor refuses to return voluntarily. State and federal prosecutors coordinate extradition through the 

Office of International Affairs (OIA), in the 

Criminal Division of the Department of Justice, 

which is responsible for pursuing extradition of 

Q Is the child returned to the United 

states pursuant to the extradition of 

the abductor? 

No. Extradition does not apply to the abducted 

or wrongfully retained child. It applies only to 

the abductor. While foreign authorities may 

facilitate return of the abducted child in connection with extradition of the alleged wrongdoer, there is no guarantee this will happen. 

Local law and practice concerning child recovery are discussed above. 

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

the country where the abductor is arrested dictate what foreign law enforcement officers can 

do with the child when the abductor is apprehended. Foreign authorities may have authority 

to return the child directly to the left-behind 

parent or to otherwise facilitate that parent’s 

recovery efforts. They may call on local child 

welfare authorities to protect the child. 

wanted persons. Through INTERPOL and 

other international links, national law enforcement authorities in many countries regularly 

cooperate in the location and apprehension of 

international fugitives. 

Do not assume that your child’s return will be 

automatic, although you may be lucky in this	

regard. Be prepared to travel on short notice to 

resume custody and/or to participate in legal 

proceedings in the foreign country, if necessary. If there is a hearing, your presence may 

be pivotal.	

If you cannot afford to travel abroad, financial 

aid may be available. With funding from the 

Department of Justice’s Office for Victims of 

Crime, NCMEC provides financial assistance 

to parents who meet needs-based eligibility criteria so they can attend court hearings in foreign countries and/or transport their U.S. citizen children back to this country. Contact 

NCMEC’s Family Advocacy Division for more 

information about the “Victim Reunification 

Travel Program.” The U.S. Embassy abroad 

can arrange repatriation loans for U.S. citizens.	

Repatriation loans are subject to repayment.	

82 
willing to extradite persons, including its own 

nationals (if the abductor is its national), for 

international parental kidnapping. 

The United States has more than 100 extradition 

treaties in effect. Some older treaties list the 

offenses for which extradition may be sought. 

These so-called “list treaties” include kidnapping, 

but do not expressly list parental kidnapping. 

Most were negotiated at a time when parental 

kidnapping was not widely viewed as a crime, 

either in the United States or abroad. To make it 

clear that the United States considers parental 

kidnapping a crime, Congress passed the Extradition Treaties Interpretation Act of 1998. The 

law authorizes the United States to interpret 

“kidnapping” in list treaties as including parental 

kidnapping. Extradition can occur only if the 

treaty partner also agrees to interpret kidnapping to include the kidnapping of a child by a 

parent. 

The more modern extradition treaties to which 

the United States is a party contain “dual criminality” provisions, which provide for extradition 

when both parties have criminalized the conduct (i.e., where in each county the particular 

behavior that comprises the “kidnapping” is 

considered a criminal act). 

Willingness of the requested country to extradite. Experience has shown that foreign governments and courts examine requests for extradition based on parental kidnapping charges 

using factors that may not be explicitly defined 

in the treaty. Thus, decisions may be influenced 

by the extradition court’s own investigation of 

the matter, and its judgment as to whether a 

civil resolution is possible. 

C

h

a

pter Fiv

Conviction, Sentencing, 

e 

and Crime Victim 

Assistance 

What basics should you know about 

conviction and punishment? 

If an abductor is convicted of parental kidnapping, it is very important for the victim-parent 

to ask the prosecutor to seek an appropriate 

sentence. Some states allow crime victims to 

be heard at sentencing, either in person (at the 

sentencing hearing) or in writing (through submission of a victim impact statement). Consult 

the prosecutor or probation officer about having your views heard. 

Sentencing options include incarceration, probation, an order to return the child, and restitution. 

In lieu of incarceration (a jail or prison term), a 

judge may order probation, with conditions attached. For instance, the court may restrict the 

abductor’s access to the child, prohibit out-ofstate travel, or order the abductor to post a bond. 

Caveat: Sentencing conditions last only as long 

as the criminal sentence; permanent changes in 

the custody order must be sought in family 

court. 

When a state or federal prosecutor secures a 

conviction against an abductor in an international 

parental kidnapping case, the prosecutor may 

seek conditions in the sentence that require the 

abductor to return the child to the United States. 

This type of condition was upheld in United States 

v. Amer, 110 F.3d 873 (2d Cir. 1997). However, 

as that case illustrates, there is no guarantee 

such an order will accomplish its purpose. 

Q 

83

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

Most statutes also allow the court to order the 

abductor to pay a fine as well as to make restitution to the victim for the costs of locating and 

recovering the child. If restitution is not specifically addressed in the parental kidnapping 

statute, state and federal crime victim laws may 

authorize it. 

Is victim assistance available to a leftbehind or searching parent? 

You may be eligible for crime victim assistance 

under state and/or federal law. All states have 

enacted varying victim assistance laws that give 

crime victims certain rights and may also provide financial and other assistance. The Federal 

Victims of Crime Act (42 U.S.C. § 10,607) also 

provides rights and services to victims of federal crimes. 

For information on your state’s crime victim 

program, contact one or more of the following 

agencies (contact information is in the Directory of Resources, page 111): 

❉ Your prosecutor’s office or state missing 

children clearinghouse, which should be 

able to tell you about crime victim programs 

in your state. 

National Center for Victims of Crime. 

National Organization of Victim Assistance. 

❉

❉

For information on federal victim assistance 

programs, contact: 

❉ The CI abduction officer working on your 

case, who will consult with the 

Victims‘ Assistance Coordinator in the 

State Department. 

Department of Justice, Office for Victims 

of Crime. 

❉

For information on special programs to help the 

families of missing children, contact: 

❉ NCMEC’s Legal Department. 

Pursuing Criminal 

Charges 

Should you pursue charges against 

the abductor? 

To answer this question, you should weigh the 

benefits of criminal prosecution against the 

impact it may have on you and your child. 

A felony warrant may be the determining factor 

in the success or failure of locating the abductor, which in turn may lead to the recovery of 

your child. Some advantages of using the criminal process in international parental cases are 

listed below: 

❉ Felony charges enable a prosecutor to issue a 

nationwide warrant for arrest of the abductor through the Wanted Person File of the 

FBI’s NCIC computer. This improves the 

odds of detecting and arresting the abductor. 

If an abductor is a U.S. citizen and the subject of a federal arrest warrant, the FBI or 

U.S. Attorney’s Office can ask Passport 

Services at the State Departmentto revoke 

the person’s U.S. passport. An abductor 

who is solely a citizen of the United States 

becomes an undocumented alien in a foreign 

country if the U.S. passport is revoked. 

Some countries may deport undocumented 

aliens or at least make it difficult for them to 

remain in the country. 

❉

Q 

Q 

Q What are the advantages of criminal 

prosecution? 

84

Caveats: Passport revocation may not burden 

an abductor who is a dual national because the 

abductor may travel on a foreign passport. 

Passport revocation may interfere with negotiations for the child’s return or with communications between the left-behind parent and child. 

Threatened revocation may cause the abductor 

to flee again with the child. 

❉ Even if the abductor is not a U.S. citizen, 

the existence of a warrant may encourage 

the abductor to return the child voluntarily, 

especially if he or she has business or other 

reasons to travel to the United States. The 

warrant also serves to inform the foreign 

government that abduction of a child is a 

violation of U.S. law and that the abductor 

is a fugitive. 

❉ NCMEC creates and disseminates posters 

of missing children in felony parental kidnapping cases and may facilitate Voice of 

America broadcast alerts for such children. 

❉ State felony charges enable the prosecutor 

to seek a federal UFAP warrant if the abductor has left the country. This warrant 

brings the FBI into the investigation. The 

FBI, in turn, can call on foreign law enforcement to continue the investigation in 

the foreign country. 

❉ Extradition is permitted for state and federal felony crimes. 

❉ INTERPOL may issue red notices when 

there is an outstanding felony warrant. Red 

notices put law enforcement worldwide on 

alert and may result in the abductor’s arrest 

abroad. 

❉ Federal and some state crime victim compensation funds provide monetary and other assistance (for instance, counseling) to 

left-behind parents and victim children. 

C

h

a

pter Five 

What else should you consider before 

seeking criminal charges against the 

abductor? 

Felony prosecutions of international abductors 

have clear advantages, but a decision to pursue 

criminal charges against the abductor requires 

careful consideration of the implications for you 

and your child. 

Consider your goals. Presumably, your overriding interest is to obtain the return of your child, 

but this is not the prosecutor’s primary responsibility. Apprehending, prosecuting, and punishing 

the abductor is. Although child recovery may be 

incidental to the government’s pursuit of the abductor, you cannot rely on the criminal process 

to vindicate your custody rights or to get your 

child back. The prosecutor works on behalf of 

the public interest in having the state’s criminal 

laws enforced. Your private attorney represents 

your personal interest in having your child returned and can go to court to seek to accomplish 

this for you. If you do not have a custody order, 

you must file a civil action in court to get one 

even if the case is being criminally prosecuted. 

You must also keep in mind that neither extradition nor prosecution of the abductor guarantees the return of your child and may in some 

cases complicate, delay, or ultimately jeopardize 

return. Some judges have refused to order a 

child’s return under the Hague Convention 

precisely because of outstanding criminal 

charges against the abductor in the child’s 

country of habitual residence. 

Consider whether you really want the other 

parent charged as a criminal. How will your 

child feel when the abducting parent is arrested, tried, or sent to jail? Will your child appreciate or resent your part in that process? 

Consider the abductor’s likely reaction to 

criminal charges. Some individuals might be 

Q 

85

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

intimidated enough to return the child. Others 

might go deeper into hiding, particularly if they 

have family or community support in another 

country. 

Consider the prosecutor’s control over criminal proceedings once they begin. Do not assume that you can stop the criminal process once 

charges are filed if, for instance, the abductor 

promises to return your child in exchange for 

you dropping charges. Although the prosecutor 

may be willing to work with you, the prosecutor has the final say. Even if you change your 

mind about prosecuting the abductor, the prosecutor can proceed with the case. 

Consider your potential role if the abductor is 

brought to trial. You and your child as well as 

other relatives and close friends may be called 

on to testify. This will prolong your involvement with the criminal justice system and may 

make psychological recovery more difficult for 

both you and your child. 

Consider the need to implement prevention 

measures regardless of whether the abductor 

is criminally prosecuted. A criminal conviction 

does not automatically restrict the abductor’s 

visitation rights or provide long-term safeguards 

against a reabduction. Even if the judge imposes conditions in the sentence to minimize the 

risk of abduction, the restrictions remain in effect only for the duration of the sentence. You 

will have to go back to family court to make 

permanent changes in the custody order. 

If you are determined to have the abductor 

criminally charged, prosecuted, and punished 

and are willing to assist the police, prosecutors, 

and court as requested, then it is appropriate 

for you to pursue criminal charges against the 

abductor and accomplices. The next section 

explains how to go about it. 

How do you pursue criminal charges 

against the abductor? 

At the state level. Follow these steps to pursue 

state criminal charges against an abductor: 

❉ Review your state’s criminal parental kidnapping laws. 

Arrange a meeting with the local prosecutor’s office. You may want to have your 

lawyer or a representative of a missing children’s organization attend this meeting with 

you. If you have a custody order, bring a 

certified copy with you. (You can obtain 

one from the clerk of the issuing court.) 

Request felony charges against the abductor. If you cannot obtain a felony charge, 

ask for misdemeanor charges. 

Depending on how the conversation goes, 

you might mention to the prosecutor that 

technical assistance on investigating and 

prosecuting parental kidnapping crimes is 

available at no charge from NCMEC’s Legal Department and the American 

Prosecutor’s Research Institute (APRI). 

Requests can be submitted online to APRI 

by going to www.ndaai.org/apri/index.html, 

and then clicking on “Contact APRI,” then 

“Technical Assistance from the APRI.” 

❉

❉

At the federal level. Follow these steps to 

pursue federal criminal charges against the 

abductor: 

❉ Contact the FBI Field Office nearest your 

home to request an investigation. (See the 

“Directory of Resources” on page 111 of 

this guide for contact information.) Arrange 

a meeting with an FBI agent to discuss the 

abduction. 

Contact the U.S. Attorney’s Office. Arrange 

a meeting—in person or by telephone— 

usually with an Assistant U.S. Attorney, to 

❉

Q 

86

C

h

a

pter Five 

Investigation and Program Management (edited by 

Stephen E. Steidel, Arlington, VA: NCMEC, 

1994): 

Research has begun to demonstrate what 

therapists and left-behind parents have 

known for some time, that children are 

deeply and permanently affected by family 

abduction . . . . The emotional scarring 

caused by these events requires that officers recognize family abduction not as a 

harmless offense where two parents are 

arguing over who “loves the child more,” 

but instead as an insidious form of child 

abuse. The history of the issue has also 

demonstrated that law enforcement has 

a much broader responsibility than the 

simple act of “retrieval.” By responding 

promptly, professionally, and efficiently to 

reports of family abduction, officers and the 

agencies they represent become, in effect, a 

means of protection for the child . . . . (p. 67) 

Parents have a right to look to the criminal justice system for assistance. To dismiss such pleas for help could push an 

anguished parent into desperate actions. 

Offering guidance . . . can avert potential domestic violence and snatch-back 

incidents. (p. 87) 

Myth #3. “The U.S. Attorney says the Hague 

Convention takes precedence over IPKCA 

prosecution.” A U.S. Attorney may refrain 

from charging an abductor based on the “sense 

of Congress” language in IPKCA, which says 

that the Hague Convention, where applicable, 

should be a parent’s option of first choice. 

Reality. The language is not mandatory. Pursuing a Hague remedy is a parent’s choice: it may 

not be the best remedy available, nor is it required. Delaying prosecution in countries 

where Hague proceedings are protracted or 

Q 

discuss the possibility of the federal government charging the abductor under the International Parental Kidnapping Crime Act. 

Troubleshooting 

What myths hinder criminal prosecution 

and investigation, and how can they be 

dispelled? What are the realities? 

Too often law enforcement officers and prosecutors won’t get involved in international parental kidnapping cases because of misconceptions they have about the crime. Refer to the 

discussion below if you encounter law enforcement officers who won’t investigate or prosecutors who won’t prosecute. But bear in mind that 

a prosecutor has the final say about prosecuting 

a case. You may be able to influence that choice 

by raising the profile of your case. See chapter 

6 for suggestions on how to do that. 

Myth #1. “It’s a family matter.” Some law 

enforcement officials and prosecutors are reluctant to intervene in a family abduction case 

because they view abductions as private family 

disputes, not criminal matters. 

Reality. This view has been rejected by every 

state legislature in the country and by Congress, 

which have all passed laws making it criminal 

for a parent to abduct a child. You may need to 

show criminal justice system professionals the 

relevant state and federal laws. 

Myth #2. “Don’t worry; your child is safe 

with the other parent.” 

Reality. Some law enforcement professionals 

have seen and written about the adverse toll 

kidnapping takes on young victims. If you encounter criminal justice professionals who are 

unaware of this, share with them the following 

passages, which are excerpted from Missing and 

Abducted Children: A Law Enforcement Guide to Case 

87

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

return orders are unenforceable may actually 

help the abductor succeed in keeping the child. 

What other practical problems are you 

likely to encounter, and what solutions 

are there? 

Legal ambiguities. The prosecutor may be confused about whether a parent who abducts a 

child in violation of a joint custody order can be 

criminally charged. If your state’s criminal law 

doesn’t address joint custody, legal arguments 

can be made that a joint custodial parent who 

unilaterally takes a child without consent violates the other parent’s joint custody rights. 

There is case law in some states to support this. 

Conflicting custody orders are another common 

source of confusion. Prosecutors and law enforcement officers are reluctant to take action 

when the parents have conflicting orders from 

different jurisdictions. 

If your situation presents these or other issues, 

mention to the prosecutor that technical assistance on investigating and prosecuting parental 

kidnapping crimes is available at no charge 

from NCMEC’s Legal Department and APRI. 

Lack of resources. State and local prosecutors 

may not want to bring criminal charges or seek 

extradition in international parental kidnapping 

cases because of the considerable costs involved, including translating documents and 

transporting the abductor and escort officers 

back to the United States. 

The cost of the criminal process clearly rests 

with the government. Nevertheless, parents have 

reported being asked by state or local prosecutors to pay these costs. If you find yourself in 

this predicament, you can agree to pay. But a 

more equitable solution may be available if the 

U.S. Attorney is willing to charge the abductor 

under IPKCA. The cost of extradition would 

then be borne by the federal government. The 

Q 

local prosecutor can discuss the case with the 

U.S. Attorney. Normally, federal charges will 

not be brought if state charges are already pending. However, the state prosecutor may be willing to drop state charges if the U.S. Attorney 

proceeds against the abductor. 

Foreign governments that won’t extradite. 

The prosecutor may be unwilling to charge the 

abductor if extradition efforts would likely be 

futile—for instance, because the abductor is a 

national of the country from which extradition 

would be sought and that country does not extradite its own nationals. Remind the prosecutor that felony charges can be helpful for many 

reasons even if the other country is unlikely to 

extradite its own nationals. For instance, when 

the whereabouts of the abductor and child are 

unknown, felony charges facilitate worldwide 

lookouts. Moreover, it should not be assumed 

that a foreign national has abducted a child to 

his or her home country. Even if this is the case, 

there is always the possibility of finding and arresting the abductor in another country from 

which extradition is possible. 

Ask the federal government to intercede with the foreign 

government on behalf of your abducted child. Don’t accept 

“no” or “it’s a private custody dispute” for an answer. Remind [each person] that your child is an American citizen 

who deserves this great government’s protection. If a bank 

robber holds hostages, law enforcement officers do everything possible to remove the hostages to safety. Abducted 

children held hostage by their abductors deserve at least 

the same protection. 

—Paul Marinkovich 

Lack of experience. Resources are available to 

assist prosecutors and investigators who have 

little experience in these kinds of cases. State 

and local prosecutors may consult with APRI 

and NCMEC’s Legal Department for technical 

assistance regarding investigation and prosecution of parental kidnapping crimes. The U.S. 

Attorney can get technical assistance on IPKCA 

prosecutions from the Department of Justice, 

88

Q	 What recourse do you have if the 

prosecutor declines to prosecute 

the abductor? 

First, seek review by senior prosecutors. If 

you have been meeting with a Deputy District 

Attorney, request a meeting with the District 

Attorney. If you have been meeting with an 

Assistant U.S. Attorney, ask to meet with the 

U.S. Attorney.	

If you do not get the results you’re looking for 

at that level, try to rally support for prosecution. Seek help from your state missing children clearinghouse or missing children’s organization. Organize family members and religious 

and community organizations to begin a letterwriting campaign. Consider seeking media 

Criminal Division, Child Exploitation and Obscenity Section, and on international extradition 

from the Office of International Affairs. FBI 

agents working on these cases can get help 

from the FBI’s Office of Crimes Against Children (see the “Directory of Resources” for 

contact information).


coverage of your child’s abduction, emphasiz­


ing the need for criminal prosecution. Finally,


elected officials may also be able to help.


(Chapter 6 describes a variety of people and


organizations that can help raise the profile of


your case.)


More permanent solutions may be found by 

joining with other victimized parents to advo­


cate for changes in the laws and in law enforce-


ment policies. Contact NCMEC, your state


missing children clearinghouse, and missing 

children’s organizations in your state for suggestions on changing laws. Support enactment 

of the Uniform Child Custody Jurisdiction and 

Enforcement Act if your state has not yet

passed that law. Among other things, this Act 

expands the options police and prosecutors 

have to respond to interstate and international 

abduction cases. Ask law enforcement agencies 

to establish procedures for responding to 

parental kidnapping cases. Request that local 

law enforcement officers and prosecutors participate in training courses on handling parental 

kidnapping and missing children cases. 

C

h

a

pter Five 

89 
❉ Your child’s abductor may be criminally punishable under state or federal law. Check your state criminal 

code for relevant state laws. The applicable federal laws are the Fugitive Felon Act (18 U.S.C. § 1073) and 

the International Parental Kidnapping Crime Act (18 U.S.C. § 1204). (See pages 77–81.) 

❉ You must continue your own efforts to recover your child even if the abductor is criminally charged and 

extradited. The child is not subject to extradition. You may find it necessary to go to court in the foreign 

country or to work out other arrangements with foreign authorities to recover your child after the abductor 

is arrested or extradited. (See pages 82–83.) 

❉ Even if the abductor’s conduct fits the elements of a state or federal criminal statute, pursuing prosecution 

is not always the best approach to a case. A searching parent should weigh the pros and cons of prosecution before pursuing charges. (See pages 84–87.) 

❉ Law enforcement officials and prosecutors may be reluctant to charge the abductor with a crime because 

of misconceptions they have about international parental kidnapping. Your task is to dispel these myths. 

(See page 87.) 

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

KEY POINTS 

90

C

h

a

pter Fiv

NOTES 

e 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

91

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

92

C

h

a

pter O

n

e

C

h

a

pter S

6. Other Resources To Help ix 

Resolve International Parental

Kidnapping Cases 

As you work through the civil and criminal justice systems to locate your child, resume custody, or arrange visits, you should be aware of other 

resources that may be able to help you accomplish your goal. In particular, this chapter describes the following: 

❉ The National Center for Missing & Exploited Children (NCMEC) and the International Centre for Missing and Exploited Children (ICMEC). 

Parent advocacy groups. 

Media. 

Elected officials. 

Foreign embassies. 

Human rights organizations. 

Friends and family. 

International corporations. 

❉

❉

❉

❉

❉

❉

❉

What these resources have in common is the ability to raise the profile of your case, which in turn may lead to a solution. 

Frequently Asked Questions 

How can the National Center for Missing & Exploited Children help? 

What is the International Centre for Missing and Exploited Children, and how can it help? 

Are there any parent advocacy groups working on behalf of internationally abducted children? 

How can the media—television, radio, newspapers, and magazines—help? 

How can elected officials help? 

How do you access the State Department’s Web site, and what information does it contain 

about international parental kidnapping? 

Q 

93 
A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

Can foreign embassies and consulates help? 

How can the abductor’s family and friends help? 

Can U.S. companies doing business in the foreign country help? 

Can human rights laws and organizations help? 

How can the National Center for Missing 

& Exploited Children help? 

NCMEC’s International Division provides a 

range of services to parents, attorneys, law 

enforcement officers and agencies, nonprofit 

missing children’s organizations, and other individuals concerned with international parental 

kidnapping cases. The Center: 

❉ Operates a toll-free hotline for parents of 

abducted children (who can call to register 

their cases and seek help) and for people 

who have information to report about an abducted child. The hotline operates around 

the clock every day of the year. Call NCMEC’s 

local or toll-free number and ask to be connected to the International Division. 

Provides technical assistance, referrals, networking, and other resources to relevant organizations in the United States and abroad 

on international child abduction cases. 

Helps parents complete Hague applications 

in outgoing Hague cases (that is, children 

taken from the United States to countries 

party to the Hague Convention on the Civil 

Aspects of International Child Abduction). 

Handles applications in incoming Hague 

cases (that is, children abducted to the United States) on behalf of the U.S. Central 

Authority. 

Maintains the International Child Abduction Attorney Network (ICAAN) to help 

❉

❉

❉

❉

Q parents find pro bono or reduced-fee legal 

representation for Hague cases brought in 

this country. Although the ICAAN network 

does not formally include lawyers in other 

countries, NCMEC may be able to refer 

parents to foreign lawyers or to sources of 

referrals in other countries. 

❉ Confirms but does not make NCIC–MPF 

(National Crime Information Center Missing Person File) entries for abducted children who are missing. 

❉ Administers the Victim Reunification Travel 

Program, a cooperative project with the 

U.S. Department of Justice’s Office for 

Victims of Crime and Office of Juvenile 

Justice and Delinquency Prevention that 

helps fund international travel to reunite 

parents who are financially unable to recover their children. 

❉ Helps supply Voice of America, a worldwide 

radio network, with appropriate cases for 

multicountry broadcast as part of the Voice 

of America alert program. 

❉ Networks law enforcement officers investigating cases involving the same country or 

region. NCMEC is also linked with 50 state 

missing children clearinghouses in the United States, INTERPOL headquarters in 

France, the Royal Canadian Mounted Police 

in Canada, Scotland Yard in the United 

Kingdom, the Belgian Gendarmerie, the 

Politie in the Netherlands, the Criminal Intelligence Division in Australia, and others. 

94

C

h

a

pter Six 

“Abduction.” As of July 2005, reports are 

available about Australia, Canada, France, 

Germany, Ireland, Israel, Italy, Mexico, the 

Netherlands, New Zealand, Spain, the 

United Kingdom, and the United States. 

Are there any parent advocacy groups 

working on behalf of internationally 

abducted children? 

Yes. In addition to ICMEC and NCMEC’s 

International Division, several parent advocacy 

groups and nonprofit organizations are working 

to raise awareness about international parental 

kidnapping and to get children back to the United States. For a list of organizations, contact the 

Association of Missing and Exploited Children’s 

Organizations, Inc. (AMECO). Also visit 

ICMEC’s Web site, www.icmec.org. Click on 

“links,” then “Affiliates and Associates.” 

Advocacy groups press for resolution of individual cases and seek legislation in the United 

States and abroad to make international parental 

kidnapping a priority issue. 

How can the media—television, radio, 

newspapers, and magazines—help? 

AMBER Alerts are urgent news bulletins 

broadcast over the airwaves and on highway 

signs to enlist the public’s help in finding an 

abducted child and stopping the abductor. 

AMBER Alerts are issued by a law enforcement agency in cooperation with the media only 

if the abduction meets local or state AMBER 

Alert criteria. Even if an AMBER Alert is not 

issued, the media may be willing to help. 

Coverage by television and radio stations, newspapers, and magazines can definitely raise the 

profile of an international parental kidnapping 

case. Widespread broadcast and publication of 

your child’s photograph and information about 

the case may produce concrete leads about your 

child’s location. Publicity may also encourage 

Q 

Q 

Q 

Links to many countries’ missing childrens’ 

programs are on NCMEC‘s home page, 

www.missingkids.com 

❉ Networks parents whose children are in the 

same country. 

❉ Maintains a Web site (www.missingkids. 

com/international), which posts information 

and publications about international parental 

kidnapping. The site also posts photographs 

of children abducted from the United States 

who are believed to be abroad. 

❉ Collects and distributes the most up-to-date 

information on preventing family abduction 

to both Hague and non-Hague signatory 

countries; and provides technical assistance 

on best practices for the prevention of family abduction. 

What is the International Centre for 

Missing & Exploited Children, and how 

can it help? 

ICMEC was established in 1998 as an issue 

advocacy organization. It does not manage individual cases. The Centre’s goals are to: 

❉ Serve as the leading global agency working 

to protect the world’s children from abduction and exploitation. 

❉ Build a global, Web-based network—the 

Global Missing Children’s Network 

(“GMCN”)—to disseminate images of missing children and information about them. 

Links to missing children organizations and 

police organizations in many countries are 

also available at www.icmec.org. 

❉ Support the Hague Child Abduction Convention and make it easier to implement by 

convening international conferences and 

publishing “Good Practice Reports” and 

“Country Reports.” These reports are available online at www.icmec.org. Click on 

95

If your child’s whereabouts are unknown, try to 

get media coverage in many countries or by media companies with worldwide reach, such as

CNN. Ask NCMEC to send your child’s name 

to Voice of America, which broadcasts multicountry alerts on missing children. If you narrow

your search to a particular country, try to interest 

the media in that country in your child’s story. 

Troubleshooting: If you want media attention

and can’t get it, contact your state missing children clearinghouse or a missing children’s organization for help. If a criminal warrant has

been issued for the abductor, NCMEC can 

assist with the media. 

Q How can elected officials help? 

Elected officials cannot secure your child’s return directly, nor can they control how courts 

in the United States or abroad decide custody, 

visitation, or abduction cases. What they can do 

is raise the profile of your case, which may 

A 

yield the results you want. For instance: 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

public officials to take action on your child’s 

behalf. 

But media coverage is not for everyone. You 

should assess whether publicity is appropriate 

for your situation. Consider the views of two 

searching parents: 

The media are very important. Why? A lot 

more people watch the news and read the 

newspaper than read missing children 

flyers . . . . Any time town officials have an 

open meeting, be there. Tell your story 

because the media will be covering these 

meetings. The more attention you get, the 

better the chance of reaching someone 

who may know something or who may be 

in a position to help.—Ray Morrison 

Consider your individual situation: Could 

the media have an adverse effect on the recovery of or relationship with your child? 

Don’t allow anyone to push you into media exposure if you feel it will have a negative effect.—Terri Beydoun 

If you plan to seek media exposure in a case 

that is under investigation by law enforcement, 

discuss your intentions with the investigator. 

Make sure media exposure will not interfere	

with the investigation. Unlike a stranger abduction case, in a parental kidnapping case 

the suspect is known, and law enforcement 

authorities usually have numerous leads and 

other contacts to explore. Publicity at the 

wrong time could jeopardize the investigation. 

When you contact the media, be prepared by 

having copies of recent photographs of your 

child and the abductor. Provide the numbers 

of any criminal warrants against the abductor 

and telephone numbers for local law enforcement. Identify politicians who are working on 

your case so they can be interviewed.	

❉ They can make inquiries and intervene on 

your behalf. 

They can enact laws to improve the handling 

of and response to international parental kidnapping. For example, Congress enacted 

legislation (Section 2803 of Public Law 

105–277, the Omnibus Consolidated and 

Emergency Supplemental Appropriations 

Act of 1998) requiring the State Department to report annually on country-bycountry compliance with the Hague Convention. Compliance reports not only alert 

parents about problem countries, they also 

support State Department efforts to seek 

improvements from those countries. 

They can hold oversight hearings on issues 

and concerns relating to international parental kidnapping. 

❉

❉

96 
C

h

a

pter Six 

• Islamic Family Law Flyer. 

Privacy Act Waiver Form. 

Resources for Judges. 

Saudi Arabia: International Parental 

Child Abduction. 

• 

• 

• 

❉ Child Abduction Prevention. 

❉ Hague Convention Abduction Issues. 

• Legal Solutions When the Hague 

Convention Does Not Apply. 

Text of the Hague Convention on 

Civil Aspects of International Child 

Abduction. 

2005 Report on Compliance with the 

Hague Convention on the Civil Aspects 

of International Child Abduction and 

Attachment A. 

2004 Report on Hague Compliance on 

the Civil Aspects of International Child 

Abduction, Attachment A and Attachment B. 

2003 Report to Congress on International Child Abductions and Attachment A—Open Abduction Cases by 

Country. 

2002 Report on Compliance with the 

Hague Convention on the Civil Aspects 

of International Child Abduction. 

2001 Report on Compliance and Attachment A: List of Number of Applications for the Return of Children 

Submitted by United States Citizens 

to the Central Authority for the United States That Remain Unresolved 

More Than 18 Months After the Date 

of Filing. 

• 

• 

• 

• 

• 

• 

Q 

If you are having difficulty locating and recovering your missing child, contact your elected 

officials to see if they can help. 

Continuously pressure the federal government for intervention. Four years had passed since my daughter had been 

kidnapped, 4 years in which I had no direct response from 

the U.S. Embassy in Beirut, Lebanon. Not one piece of correspondence that I had sent was ever responded to until 

Senator Jesse Helms wrote the American Ambassador and 

requested cooperation on my behalf. At the time the family 

in Lebanon had balked on their promise to let me see my 

daughter. After Senator Helms wrote his letter, an Embassy 

employee called my ex-sister-in-law and reminded her that 

under Lebanese law, I was guaranteed this right. I saw my 

daughter within days. 

—Terri Beydoun 

How do you access the State 

Department’s Web site, and what information does it contain about international parental kidnapping? 

Go to www.travel.state.gov/family. Click on 

“International Child Abduction.” Follow the 

prompts for desired information: 

❉ Country-Specific Abduction Flyers. 

❉ Child Abduction Resources. 

•	 How to Search for a Child Abducted 

Abroad. 

•	 Settling Out of Court. 

•	 Using the Criminal Justice System. 

•	 References, Laws, & Reading List. 

•	 Children’s Passport Issuance Alert 

Program. 

•	 For the Parents. 

•	 Library of Congress Reports. 

•	 Hague Abduction Application. 

•	 Legislation. 

97

Q Can foreign embassies and consulates 

help? 

If your child is taken to a Hague Convention 

country, most likely you will rely on the Hague 

Convention and the U.S. and foreign central 

authorities that administer it to resolve the case.


If your child is in a non-Hague country, you 

should consider contacting the embassy or consulate of the foreign country for help. 

Keep in mind that nothing is conventional when 

dealing with non-Hague countries and the recovery of your child. In many of these countries 

the kidnapping of a child is considered a custody 

matter and not a criminal act. Or, you may be 

admonished not to reabduct your child, because 

it would then become a criminal matter. Try to 

explain that you are seeking to establish communication with your child for the good of the 

Q	 How can the abductor’s family and 

friends help? 

Relatives and friends of the abductor can help 

in two important ways. First, they may have 

information about your child’s location (see 

chapter 3), and second, they may serve as liai­


son between you and the abductor or between


you and your child.


You are fortunate if you are on good terms with


the people in the abductor’s support network. If


you aren’t, attempts to communicate with them


can be very draining. You may be vilified and 

blamed for being a bad parent. Try to ignore 

personal attacks. Don’t be deterred from your 

goal of recovering or reestablishing a relationship with your child. 

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

•	 2000 Report on Compliance and 

Attachment A: List of Number of 

Applications for the Return of Children 

Submitted by United States Citizens to 

the Central Authority for the United 

States That Remain Unresolved More	

Than 18 Months After the Date of 	

Filing.	

1999 Report on Compliance with the 

Hague Convention.	

Questionnaire for Non-Hague 

Convention Parents.	

Instructions for Completing the Hague 

Convention Application. 

List of Hague Convention Signatory


child. Embassy officials may be sympathetic 

and may even help you find creative solutions. 

Try to establish rapport with embassy personnel who represent the country where your child resides. After 4 years 

of no contact with my daughter, I was given a personal interview with representatives of the Embassy of Lebanon. 

Although my daughter’s kidnapping was not considered a 

criminal matter, the Ambassador suggested that Lebanese 

authorities investigate the family with whom my daughter 

resides and encourage them to let me see my daughter. If 

this action failed to get results, the Ambassador suggested 

that he try to contact an organization of Moslem women 

whose husbands were Parliament members.They might be 

willing to pressure the family into allowing me to visit my 

daughter. I had to guarantee that I would not try to abduct 

her.The Embassy’s approach put the family on the “hot seat,” 

but allowed them to save face without being viewed as 

criminals. 

—Terri Beydoun 

•	

•	

•	

•	

Countries.


❉ Contact Information. 

Be persistent in your attempts to communicate with your 

child. In time, it may pay off. I listened to my daughter’s 

family scream and yell at me and tell me I would never see 

or talk to my daughter before being hung up on. I continued 

to call, write letters, and thank them for taking care of my 

daughter. I now can call and speak to my daughter at length. 

—Terri Beydoun 

98 
Can U.S. companies doing business in 

the foreign country help? 

If the abductor or the abductor’s family is affiliated in some way with a U.S. company doing 

business in the foreign country, consider asking 

the company to try to persuade the abductor to 

return the child. This is a long shot on the 

“leave no stone unturned” list. 

Can human rights laws and 

organizations help? 

Maybe. Alleging human rights violations stemming from the abduction is another long-shot 

approach to seeking a child’s return. Consult a 

lawyer in the foreign country to evaluate whether it is worth pursuing. 

C

h

a

pter Six 

Q Q 

99

❉ “Leave no stone unturned” in your quest to recover or reestablish access to your child. 

❉ The National Center for Missing & Exploited Children and the International Centre on Missing & Exploited 

Children are both excellent resources in international parental kidnapping cases. (See pages 94–95.) 

❉ Parent advocacy groups and nonprofit organizations may be an effective voice for your child and for the 

cause of internationally parentally kidnapped children in general. (See page 95.) 

❉ Media coverage in the United States and abroad can raise the profile of your case and perhaps bring about 

a solution. (See pages 95–96.) 

❉ Your elected officials can be effective advocates on your child’s behalf. They can make individual queries 

about your case and sponsor legislation to improve the response to and handling of international parental 

kidnapping cases. (See page 96–97.) 

❉ Foreign governments can be potential sources of help. (See page 98.) 

❉ Human rights laws and organizations may work on behalf of abducted children. 

❉ You may be able to prevail on sympathetic relatives and friends of the abductor to help you reestablish 

contact with your child or mediate a resolution to the conflict. (See page 98.) 

❉ U.S. companies doing business abroad may be able to persuade employees who are related to the abducted child to exert some influence over the abductor to bring about a solution. (See page 99.) 

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

KEY POINTS

Q 

100

C

h

a

pter S

NOTES ix 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

101

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

102

C

h

a

pter O

n

7. Reunification e

Reunification is both an end and a beginning. It is the long-sought end of the search and recovery process. At the same time, it is the beginning 

of a period of readjustment for the victim child, the left-behind parent, and the family as a whole. 

This chapter highlights problems you may encounter during the reunification process. It covers: 

❉ What to do if your child doesn’t have a passport. 

❉ How to pay for your child’s transportation back to the United States. 

❉ Two ways to remove immigration barriers that may prevent your child (or the abductor) from returning to the United States. 

❉ Psychological issues that may arise and ways to address them. 

❉ Legal issues that remain after your child’s return. 

C

h

a

pter S

e

ven 

Q Frequently Asked Questions 

Practical Issues 

How can a child return to the United States if he or she doesn’t have a U.S. passport?


Are funds available to pay for a child’s transportation back to the United States?


What can be done if a foreign court orders a child’s return to the United States, but the child (or the


abductor) is not a U.S. citizen and is ineligible to enter the country?


Psychological Issues 

What factors affect a child’s adjustment?


Will counseling be needed?


Is help available abroad?


Where can you get more information about the psychological aspects of reunification?


Legal Issues 

What legal issues remain after a child’s return? 

Closure 

What else needs to be done after your child returns home? 

103

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

Practical Issues 

How can a child return to the United 

States if he or she doesn’t have a U.S. 

passport? 

If the child is a U.S. citizen without a passport, 

a passport can be issued on a rush basis so that 

the child can return to the United States without further delay. Contact the U.S. embassy 

abroad, or the Office of Children’s Issues (CI) 

in the State Department in Washington, DC, 

for prompt assistance. If you are able to pick up 

the child yourself and the child is on your passport, you do not need an individual passport for 

that child. Information for obtaining passports 

for minor children is available from CI and on 

CI’s Web site. 

Are funds available to pay for a child’s 

transportation back to the United 

States? 

It is not uncommon for a searching parent to exhaust his or her financial resources—and even 

go into debt—trying to locate and recover an 

abducted child. If you are in this predicament, 

financial assistance may be available to help 

pay for your child’s transportation back to the 

United States. The U.S. Embassy in the foreign 

country can arrange a repatriation loan if you 

meet need-based eligibility criteria. In criminal 

parental kidnapping cases, victim-parents may 

be eligible for victim assistance funds through 

the Victim Reunification Travel Program administered by the National Center for Missing 

& Exploited Children (NCMEC) and funded 

by the Justice Department’s Office for Victims 

of Crime. Funds may also be available from this 

program for you to attend court hearings in the 

foreign country. In Hague Convention cases, 

the abductor can be ordered to pay the cost of 

return as well as other expenses you incur seeking recovery of your child. 

What can be done if a foreign court 

orders a child’s return to the United 

States, but the child (or the abductor) is 

not a U.S. citizen and is ineligible to 

enter the country? 

An abductor or child who is not a U.S. citizen 

may be ineligible to reenter the United States 

because of his or her immigration status. However, it may be possible to obtain Significant 

Public Benefit Parole, waiver of visa ineligibility, or humanitarian parole so that the child 

and/or abductor may enter the United States. 

These are discussed under the question on page 

60, “What issues have arisen under the Hague 

Convention that you (and your lawyer) should 

know about?” 

Psychological Issues 

What factors affect a child’s adjustment? 

Many variables affect how a child and family 

adjust to each other when they are reunified 

after an abduction. These include the length 

of time the child was gone; the child’s lifestyle 

with the abductor; the extent to which the child 

was brainwashed against the searching parent 

or the United States; the memories the child 

has of the searching parent and family (which in 

turn depends on the child’s age at the time of 

the abduction and how much time has elapsed); 

the child’s familiarity with the family to which 

he or she is returning (which could now include 

an unfamiliar stepparent and siblings); and religious, cultural, or linguistic differences that may 

have developed since the child was kidnapped. 

Some abducted children make a smooth transition back to their searching families, while others find it difficult to readjust. 

Be patient. Show affection and convey a sense of security. 

Take precautions so it won’t happen again. 

—Jose and Miriam Santos 

Q 

Q 

Q 

Q 

104

C

h

a

pter S

e

ven 

Is help available abroad? 

In a Hague case, the foreign central authority 

may be able to refer you to an experienced professional. You may also contact International 

Social Services (ISS)/American Branch for 

referral. ISS may be reached at 410–230–2734 

and on the Web at www.iss-usa.org. 

Three publications address this topic. One is 

NCMEC’s booklet, Family Abduction: How To 

Prevent an Abduction and What To Do if Your Child 

Is Abducted. (You can get a free copy of this publication by calling NCMEC or by visiting its Web 

site.) Another NCMEC publication, Recovery and 

Reunification of Missing Children: A Team Approach, 

edited by Kathryn Turman, may also be of interest. The psychological aspects of reunification 

are covered in Obstacles to the Recovery and Return 

of Parentally Abducted Children, edited by Linda 

Girdner and Patricia Hoff. This final report of a 

study conducted by the American Bar Association for the Office of Juvenile Justice and Delinquency Prevention can be ordered from the 

National Criminal Justice Reference Service 

(800–351–3420, or online at http://puborder. 

ncjrs.org). Other relevant books and articles 

are on the “Recommended Reading” list on 

page 111. 

Nonprofit missing children’s organizations may 

be resources for referrals to local professionals 

(e.g., counselors, psychologists, social workers) 

who have experience with family abduction and 

reunification issues. Contact AMECO for referrals. Other parents who have survived the ordeal may be able to point you in the right direction. Contact Team H.O.P.E. for a referral. 

Take Root, a nonprofit organization of adults 

Q Where can you get more information 

about the psychological aspects of 

reunification? 

Q Will counseling be needed? Q

Your child may need psychological counseling 

to cope with his or her experiences and to reintegrate into the family. Among other things, your 

child may feel guilty about not contacting you or 

trying to come home. The child may be angry at 

you for not rescuing him or her sooner. The 

child may have developed a deep bond with the 

abductor and may feel angry at you for separating them or may feel guilty about the affection 

they share. Your child is probably confused 

about everything that has happened and the 

conflicting stories he or she has been told. Your 

child may feel like a stranger in a strange land, 

not at all like the beloved child you feel so happy to have back at home. 

Family counseling can be very beneficial. The 

return of a long-lost child can be difficult for 

brothers and sisters who may not know or may 

have only faint memories of their returning sibling(s). It can also be stressful for a new spouse 

of the left-behind parent, who instantly becomes 

a stepparent on the abducted child’s return. 

This is a highly emotional time, one that may 

call for the services of an experienced professional counselor. 

If your child is school age, talk with the school 

guidance counselor and explain what your child 

has been through. Find out what kinds of services are available. Give the counselor a copy 

of your custody order. Ask the counselor to 

instruct the faculty and school staff not to release your child to anyone without your express 

permission. 

Victims assistance programs may cover expenses for counseling. Contact NCMEC and/or CI 

for more information. 

105

Legal Issues	

Q What legal issues remain after a child’s 

return? 

You may be facing additional custody litigation


in family court and the prospect of being a wit­


ness in criminal proceedings against the abductor. Consult your attorney to review your legal 

situation promptly on your child’s return. 

If you do not already have a custody order, you 

should file for one now. If you have a custody 

order, you may file an action to have it modified. 

For instance, you may seek a change of custody, 

changes in the abductor’s visitation rights, or 

provisions to prevent a reabduction. (Prevention measures that can be included in custody 

Closure


Q What else needs to be done after your 

child returns home? 

Notify every individual, law enforcement officer, organization, government office, and media 

contact you have worked with or sought help 

from that you have recovered your child. Thank 

A 

them for their assistance. 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

who were abducted as children, may be able to 

offer useful insights into what your child is 

experiencing. Take Root is on the Web at 

www.takeroot.org and operates a toll-free 

telephone line, 800–ROOT–ORG.	

orders are described in chapter 1.) You may 

want to consider a child-snatching tort suit, 

which is described in chapter 4. 

You may be called on by the prosecutor to testify against the abductor in a criminal trial. 

If the abductor is convicted, you may have an 

opportunity to testify in the sentencing phase 

of the criminal proceedings. You may also seek 

victim assistance funds if the abductor is charged 

with a crime. (Crime victim assistance programs

are discussed in chapter 5.) 

106 
❉ The State Department can issue a passport for a U.S. citizen child on an expedited basis to speed the 

child’s return to the United States. (See page 104.) 

❉ Funds may be available (in the form of grants and loans) to help transport a child back to the United 

states. (See page 104.) 

❉ There are ways to remove immigration barriers so that a child or abductor who is ineligible to enter the 

United States can do so. (See page 104.) 

❉ Just as no two abducted children have identical experiences, no two children will feel the same way upon 

their return to the left-behind parent and other family members. Be prepared for various emotional issues 

upon reunification, not only for the returning child, but for other family members as well. Be patient. (See 

pages 104–105.) 

❉ Consult your attorney as soon as possible after your child returns. You may have to get a custody order or 

modify an existing one. You may also be called on to testify in a criminal trial against the abductor. (See 

page 106.) 

❉ Let all the people who have helped you through the ordeal know of your child’s return. That knowledge 

will allow them to turn their attention to other parents who are still trying to get their children back. (See 

page 106.) 

C

h

a

pter S

e

ven 

K E Y POINTS 

107

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

NOTES __________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

108

C

h

a

pter O

n

Recommended Reading
 e

General Guides 

General guides relating to international parental kidnapping are available from a number of 

sources. Materials from the following three offices are highly recommended. 

❉ The Department of State, Office of Children’s Issues (CI). One publication that 

is of particular interest to parents is International Parental Child Abduction (July 2001, 

rev.). This document is available at no charge 

from CI. The information is also available 

online at www.travel.state.gov/family (click 

on “International Child Abduction). 

❉ The National Center for Missing & 

Exploited Children (NCMEC). A publication that is of special interest to parents is 

Family Abduction: How To Prevent an Abduction 

and What To Do if Your Child Is Abducted. This 

document is available free of charge from 

NCMEC. It is also available online at www. 

missingkids.com (click on publications, then 

click on title). 

❉ The American Bar Association (ABA), 

Center on Children and the Law. The 

ABA Center on Children and the Law has 

conducted extensive research on the civil 

and criminal aspects of parental kidnapping, 

much of which is accessible through the 

Center’s Web site, www.abanet.org/child. 

Prevention: Risk Factors 

and Personality Profiles 

Several publications discuss the risk factors and 

personality profiles associated with international 

parental kidnapping and ways to prevent abductions from occurring. 

❉ Chiancone, J., Girdner, L., and Hoff, P. 

1998. Issues in Resolving Cases of International 

Child Abduction. Final Report. Washington, 

DC: U.S. Department of Justice, Office of 

Justice Programs, Office of Juvenile Justice and Delinquency Prevention. (Available 

online at www.ncjrs.org/pdffiles1/ojjdp/ 

190105.pdf.) 

❉ Girdner, L., and Johnston, J.R. 1996. 

Prevention of Family Abduction Through Early 

Identification of Risk Factors. Final Report. 

Washington, DC: U.S. Department of Justice, Office of Justice Programs, Office of 

Juvenile Justice and Delinquency Prevention. (Contact the Juvenile Justice Clearinghouse at 800–851–3420 for information 

on obtaining a copy of this report.) 

❉ Hoff, P. 2000. Parental Kidnapping: Prevention 

and Remedies. Washington, DC: American 

Bar Association Center on Children and 

the Law. Available on the Web site 

www.abanet.org/child. 

❉ Hoff, P. 2001. The Uniform Child Custody 

Jurisdiction and Enforcement Act. Bulletin. 

Washington, DC: U.S, Department of Justice, Office of Justice Programs, Office of 

Juvenile Justice and Delinquency Prevention. (Available online at 

www.ncjrs.org/pdffiles1/ojjdp/189181. pdf.) 

❉ Johnston, J.R., and Girdner, L. 2001. Family Abductors: Descriptive Profiles and Prevention 

Strategies. Bulletin. Washington, DC: U.S. 

Department of Justice, Office of Justice 

Programs, Office of Juvenile Justice and 

Delinquency Prevention. (Available online 

109


R

e

c

o

m

m

e

n

d

ed 

R

e

a

ding 
A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

at http://ojjdp.ncjrs.org/pdffiles1/ojjdp/ 

182788.pdf.) 

❉ Johnston, J.R., and Girdner, L. 1998. 

Early identification of parents at risk for 

custody violations and prevention of child 

abductions. Family and Conciliation Courts 

Review 36(3):392–409. 

Johnston, J.R., Girdner, L.K., and SagatunEdwards, I. 1999. Developing profiles of risk 

for parental abduction of children from a 

comparison of families victimized by abduction with families litigating custody. Behavioral Sciences and the Law 17(1999):305–322. 

Johnston, J.R., Sagatun-Edwards, I., 

Blomquist, M., and Girdner, L.K. 2001. 

Early Identification of Risk Factors for Parental 

Abduction. Bulletin. Washington, DC: U.S. 

Department of Justice, Office of Justice 

Programs, Office of Juvenile Justice and 

Delinquency Prevention. (Available online 

at http://www.ncjrs.org/pdffiles1/ojjdp/ 

185026.pdf 

❉

❉

Effects of Kidnapping on 

Victim Children 

In addition to the publications listed in the answer to the question “Where can you get more 

information about the psychological aspects of 

reunification?” the following publications examine the impact of international parental kidnapping on the child and family. 

❉ Forehand, R., Long, N., Zogg, C., and Parris, E. 1989. Child abduction: Parent and 

child functioning following return. Clinical 

Pediatrics 28(7):311–316. 

❉ Greif, G.L., and Hegar, R.L. 1993. When 

Parents Kidnap. New York, NY: The Free 

Press. 

❉ Greif, G.L., and Hegar, R.L. 1992. The 

impact of parental abduction on children: 

A review of the literature. American Journal 

of Orthopsychiatry 62(4):599–604. 

❉ Haller, L.H. 1987. Kidnapping of children 

by parents. In Basic Handbook of Child Psychiatry, vol. 5, edited by J.D. Noshpitz. New 

York, NY: Basic Books, pp. 646–652. 

❉ Hegar, R.L., and Greif, G.L. 1991. Parental 

kidnapping across international borders. 

International Social Work 34:353–363. 

❉ Schetky, D.H., and Haller, L.H. 1983. 

Child psychiatry and law: parental kidnapping. Journal of the American Academy of Child 

Psychiatry 22(3):279–285. 

110

C

h

a

pter O

n

Directory of Resources
 e

American Academy of Matrimonial Lawyers 

150 N. Michigan Avenue, Suite 2040 

Chicago, IL 60601 

312–263–6477 

312–263–7682 (fax) 

office@aaml.org 

www.aaml.org 

American Bar Association, Center on 

Children and the Law 

740 15th Street NW., 9th Floor 

Washington, DC 20005–1009 

202–662–1720 

202–662–1501 (fax) 

ctrchildlaw@abanet.org 

www.abanet.org/child 

American Prosecutors Research Institute 

99 Canal Center Plaza, Suite 510 

Alexandria, VA 22314 

703–549–9222 

703–836–3195 (fax) 

www.ndaa-apri.org 

Association of Missing and Exploited 

Children’s Organizations, Inc. 

877–263–2620 (toll-free) 

845–691–7766 (fax) 

www.amecoinc.org 

Child Find of America, Inc. 

P.O. Box 277 

New Paltz, NY 12561 

800–I–AM–LOST (800–426–5678) 

800–A–WAY–OUT (800–292–9688) 

www.childfindofamerica.org 

International Bar Association 

1 Stephen Street, 10th Floor 

London W1T 1AT 

England 

+44 (0) 20 7691 6868 

+44 (0) 20 7691 6544 (fax) 

www.ibanet.org 

International Centre for Missing & Exploited 

Children 

Charles B. Wang International Children’s 

Building 

699 Prince Street 

Alexandria, VA 22314–3175 

USA 

001–703–837–6116 

001–703–549–4504 (fax) 

www.icmec.org 

National Center for Missing & Exploited 

Children and International Centre for 

Missing & Exploited Children 

Charles B. Wang International Children’s 

Building 

699 Prince Street 

Alexandria, VA 22314–3175 

800–THE–LOST (800–843–5678) 

703–837–2122 (fax) 

www.missingkids.com 

National Center for Victims of Crime 

2000 M Street NW., Suite 480 

Washington, DC 20036 

202–467–8100 

202–467–8701 (fax) 

www.ncvc.org 

Dire

ctory 

of R

eso

urc

es 

111

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

National Organization of Victim Assistance 

510 King Street, Suite 424 

Alexandria, VA 22314 

800–TRY–NOVA 

703–535–NOVA 

703–535–5000 (fax) 

www.try-nova.org 

Professional Bail Agents of the United States 

1301 Pennsylvania Avenue NW., Suite 925 

Washington, DC 20004 

202–783–4120 

202–783–4125 (fax) 

www.pbus.com 

Royal Canadian Mounted Police 

“Our Missing Children” 

c/o National Missing Children Services 

Royal Canadian Mounted Police 

1200 Vanier Parkway 

Ottawa, ON K1A 0R2 

Canada 

877–318–3576 (toll-free) 

613–993–1525 

613–993–5430 (fax) 

mcr.nps@sympatico.ca 

www.ourmissingchildren.ca 

Hours of operation: 

07:30 to 17:00 ET 

(A police officer is always available to provide 

emergency services.) 

Canada Border Services Agency 

Our Missing Children Program 

877–318–3576 (toll-free) 

613–990–8585 

613–993–5430 (fax) 

www.ourmissingchildren.gc.ca/omc/ about/ 

revenue_e.htm 

State Missing Children Clearinghouses 

For a complete list of clearinghouses, call 

NCMEC at 800–843–5678, or check NCMEC’s 

Web site, www.missingkids.com. 

Supervised Visitation Network 

2804 Paran Pointe Drive 

Cookville, TN 38506 

931–537–3414 

www.svnetwork.net 

Team H.O.P.E. 

866–306–6311 

www.teamhope.org 

U.S. Department of Defense 

Military Worldwide Locator Services 

www.defenselink.mil/faq/pis/PC04MLTR.html 

Family Advocacy Program 

703–602–4990 

Department of Defense Legal Assistance 

Offices 

Air Force 

703–697–0413 

Army 

703–588–6708 

Marine Corps 

703–614–1266 

Navy 

202–685–4642 

U.S. Department of Homeland 

Security 

Washington, DC 20528 

www.dhs.gov 

Coast Guard Legal Assistance Office 

202–493–1744 

U.S. Customs and Border Protection 

1300 Pennsylvania Avenue NW. 

Washington, DC 20229 

202–354–1000 

www.cbp.gov 

U.S. Immigration and Customs Enforcement 

866–DHS–2ICE (toll-free) 

www.ice.gov 

112

U.S. Department of Justice 

Child Protection Division 

Office of Juvenile Justice and Delinquency 

Prevention 

Office of Justice Programs 

810 Seventh Street NW. 

Washington, DC 20531 

202–616–3637 

202–307–2819 (fax) 

www.ojp.usdoj.gov/ojjdp 

FBI Crimes Against Children (CAC) Unit 

935 Pennsylvania Avenue NW.


Washington, DC 20535–0001


202–324–3666


202–324–2731 (fax)


www.fbi.gov


www.fbi.gov/hq/cid/cac/crimesmain.htm. 


On the “Investigative Programs Crimes Against


Children” page, click on “Additional Resources”


for many useful links to helpful government


offices and relevant publications.


(See the front of your local telephone book for


the number of your local FBI Field Office, or


find a link on the CAC Web site listed above.)


Juvenile Justice Clearinghouse 

P.O. Box 6000 

Rockville, MD 20849–6000 

800–851–3420 

puborder@ncjrs.org 

http://puborder.ncjrs.org 

Office for Victims of Crime 

Office of Justice Programs 

810 Seventh Street NW. 

Washington, DC 20531 

202–307–5983 

202–514–6383 (fax) 

www.ojp.usdoj.gov/ovc 

Dire

ctory 

of R

eso

urc

es 

The following Department of Justice agencies 

are available to assist state and local law enforcement and prosecution agencies: 

Child Exploitation and Obscenity Section 

Criminal Division 

1400 New York Avenue NW., Suite 600 

Washington, DC 20530 

202–514–5780 

202–514–1793 (fax) 

Office of International Affairs 

1301 New York Avenue NW. 

Washington, DC 20530 

202–514–0000 

202–514–0080 (fax) 

U.S. National Central Bureau–INTERPOL 

202–616–9000 

800–743–5630 

NLETS: DCINTER00 

NLETS (via NCMEC): VA007019W 

www.usdoj.gov/usncb 

U.S. Department of State 

Office of Children’s Issues 

CA/OCS/CI 

SA–29/4th Floor 

2201 C Street NW. 

Washington, DC 20520–2818 

888–407–4747 (toll-free, 8 a.m.–8 p.m.) 

202–736–9090 

202–647–5225 (after hours phone) 

202–736–9133 (fax) 

www.travel.state.gov/family 

Children’s Passport Issuance Alert Program 

Contact the Office of Children’s Issues, above. 

U.S. Central Authority (USCA) 

Contact the USCA by calling the Office of 

Children’s Issues, above. 

113

H

a

g

ue 

C

o

n

ve

ntio

n

/Intern

atio

n

al C

hild 

A

b

d

u

ctio

Hague Convention on the 

n 

Civil Aspects of International 

Child Abduction 

The states signatory to the present Convention, 

Firmly convinced that the interests of children 

are of paramount importance in matters relating 

to their custody, Desiring to protect children 

internationally from the harmful effects of their 

wrongful removal or retention and to establish 

procedures to ensure their prompt return to the 

state of their habitual residence, as well as to 

secure protection for rights of access, Have 

resolved to conclude a Convention to this effect, 

and have agreed upon the following provisions– 

Chapter 1 ­

Scope of the Convention 

Article 1 

The objects of the present Convention are— 

a.	 to secure the prompt return of children 

wrongfully removed to or retained in any 

Contracting State; and 

b.	 to ensure that rights of custody and of access under the law of one Contracting State 

are effectively respected in other Contracting states. 

Article 2 

Contracting states shall take all appropriate 

measures to secure within their territories the 

implementation of the objects of the Convention. For this purpose they shall use the most 

expeditious procedures available. 

Article 3 

The removal or the retention of a child is to be 

considered wrongful where– 

a.	 it is in breach of rights of custody attributed 

to a person, an institution or any other 

body, either jointly or alone, under the law 

of the state in which the child was 

habitually resident immediately before the 

removal or retention; 

and 

b. 	 at the time of removal or retention those 

rights were actually exercised, either jointly 

or alone, or would have been so exercised 

but for the removal or retention. 

The rights of custody mentioned in subparagraph a above, may arise in particular by 

operation of law or by reason of a judicial or 

administrative decision, or by reason of an 

agreement having legal effect under the law 

of that state. 

Article 4 

The Convention shall apply to any child who 

was habitually resident in a Contracting State 

immediately before any breach of custody or 

access rights. 

The Convention shall cease to apply when the 

child attains the age of 16 years. 

115

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

Article 5 

For the purposes of this Convention— 

a. 	 ‘rights of custody’ shall include rights relating to the care of the person of the child 

and, in particular, the right to determine the 

child’s place of residence; 

b. 	 ‘rights of access’ shall include the right to 

take a child for a limited period of time 

to a place other than the child’s habitual 

residence. 

Chapter II -

Central Authorities 

Article 6 

A Contracting State shall designate a Central 

Authority to discharge the duties which are imposed by the Convention upon such authorities. 

Federal states, states with more than one system of law or states having autonomous territorial organizations shall be free to appoint more 

than one Central Authority and to specify the 

territorial extent of their powers. Where a state 

has appointed more than one Central Authority, 

it shall designate the Central Authority to 

which applications may be addressed for transmission to the appropriate Central Authority 

within that state. 

Article 7 

Central Authorities shall co-operate with each 

other and promote co-operation amongst the 

competent authorities in their respective states 

to secure the prompt return of children and to 

achieve the other objects of this Convention. 

In particular, either directly or through any 

intermediary, they shall take all appropriate 

measures— 

a. to discover the whereabouts of a child who 

has been wrongfully removed or retained; 

b. to prevent further harm to the child or prejudice to interested parties by taking or 

causing to be taken provisional measures; 

c. to secure the voluntary return of the child 

or to bring about an amicable resolution of 

the issues; 

d. to exchange, where desirable, information 

relating to the social background of the 

child; 

e. to provide information of a general character as to the law of their state in connection 

with the application of the Convention; 

f. to initiate or facilitate the institution of 

judicial or administrative proceedings 

with a view to obtaining the return of the 

child and, in a proper case, to make 

arrangements for organizing or securing 

the effective exercise of rights of access; 

g. where the circumstances so require, to provide or facilitate the provision of legal aid 

and advice, including the participation of 

legal counsel and advisers; 

h. to provide such administrative arrangements as may be necessary and appropriate 

to secure the safe return of the child; 

i. to keep each other informed with respect to 

the operation of this Convention and, as far 

as possible, to eliminate any obstacles to its 

application. 

116

Chapter III -

Return of Children 

Article 8 

Any person, institution or other body claiming 

that a child has been removed or retained in 

breach of custody rights may apply either to the 

Central Authority of the child’s habitual residence or to the Central Authority of any other 

Contracting State for assistance in securing the 

return of the child. 

The application shall contain— 

a.	 information concerning the identity of the 

applicant, of the child and of the person 

alleged to have removed or retained the 

child; 

b. 	 where available, the date of birth of the 

child; 

c. 	 the grounds on which the applicant’s claim 

for return of the child is based; 

d. 	 all available information relating to the 

whereabouts of the child and the identity of 

the person with whom the child is 

presumed to be. 

The application may be accompanied or supplemented by— 

e. an authenticated copy of any relevant decision or agreement; 

f. a certificate or an affidavit emanating from 

a Central Authority, or other competent 

authority of the state of the child’s habitual 

residence, or from a qualified person, 

concerning the relevant law of that state; 

g. any other relevant document. 

H

a

g

ue 

C

o

n

ve

ntio

n

/Intern

atio

n

al C

hild 

A

b

d

u

ction 

Article 9 

If the Central Authority which receives an application referred to in Article 8 has reason to 

believe that the child is in another Contracting 

State, it shall directly and without delay 

transmit the application to the Central Authority of that Contracting State and inform the 

requesting Central Authority, or the applicant, 

as the case may be. 

Article 10 

The Central Authority of the state where the 

child is shall take or cause to be taken all appropriate measures in order to obtain the voluntary return of the child. 

Article 11 

The judicial or administrative authorities of 

Contracting states shall act expeditiously in 

proceedings for the return of children. 

If the judicial or administrative authority concerned has not reached a decision within six 

weeks from the date of commencement of the 

proceedings, the applicant or the Central Authority of the requested state, on its own initiative or if asked by the Central Authority of the 

requesting state, shall have the right to request 

a statement of the reasons for the delay. If a 

reply is received by the Central Authority of the 

requested state, that Authority shall transmit 

the reply to the Central Authority of the 

requesting state, or to the applicant, as the 

case may be. 

Article 12 

Where a child has been wrongfully removed or 

retained in terms of Article 3 and, at the date of 

the commencement of the proceedings before 

the judicial or administrative authority of the 

117

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

Contracting State where the child is, a period of 

less than one year has elapsed from the date of 

the wrongful removal or retention, the authority 

concerned shall order the return of the child 

forthwith. 

The judicial or administrative authority, even 

where the proceedings have been commenced 

after the expiration of the period of one year 

referred to in the preceding paragraph, shall 

also order the return of the child, unless it is 

demonstrated that the child is now settled in its 

new environment. 

Where the judicial or administrative authority 

in the requested state has reason to believe that 

the child has been taken to another state, it may 

stay the proceedings or dismiss the 

application for the return of the child. 

Article 13 

Notwithstanding the provisions of the preceding Article, the judicial or administrative authority of the requested state is not bound to 

order the return of the child if the person, 

institution or other body which opposes its return establishes that – 

a. the person, institution or other body having 

the care of the person of the child was not 

actually exercising the custody rights at the 

time of removal or retention, or had consented to or subsequently acquiesced in the 

removal of retention; or 

b. there is a grave risk that his or her return 

would expose the child to physical or psychological harm or otherwise place the child 

in an intolerable situation. 

The judicial or administrative authority may 

also refuse to order the return of the child if it 

finds that the child objects to being returned 

and has attained an age and degree of maturity 

at which it is appropriate to take account of its 

views. 

In considering the circumstances referred to in 

this Article, the judicial and administrative authorities shall take into account the information 

relating to the social background of the child 

provided by the Central Authority or other 

competent authority of the child’s habitual 

residence. 

Article 14 

In ascertaining whether there has been a 

wrongful removal of retention within the meaning of Article 3, the judicial or administrative 

authorities of the requested state may take 

notice directly of the law of, and of judicial or 

administrative decisions, formally recognized 

or not in the state of the habitual residence of 

the child, without recourse to the specific procedures for the proof of that law or for the 

recognition of foreign decisions which would 

otherwise be applicable. 

Article 15 

The judicial or administrative authorities of a 

Contracting State may, prior to the making of 

an order for the return of the child, request 

that the applicant obtain from the authorities of 

the state of the habitual residence of the child a 

decision or other determination that the 

removal or retention was wrongful within the 

meaning of Article 3 of the Convention, where 

such a decision or determination may be obtained in that state. The Central Authorities of 

the Contracting states shall so far as practicable 

assist applicants to obtain such a decision or 

determination. 

118

Article 16 

After receiving notice of a wrongful removal or 

retention of a child in the sense of Article 3, the 

judicial or administrative authorities of the 

Contracting State to which the child has been 

removed or in which it has been retained shall 

not decide on the merits of rights of custody 

until it has been determined that the child is not 

to be returned under this Convention or unless 

an application under the Convention is not 

lodged within a reasonable time following receipt of the notice. 

Article 17 

The sole fact that a decision relating to custody 

has been given in or is entitled to recognition in 

the requested state shall not be a ground for 

refusing to return a child under this Convention, but the judicial or administrative authorities of the requested state may take account of 

the reasons for that decision in applying this 

Convention. 

Article 18 

The provisions of this Chapter do not limit the 

power of a judicial or administrative authority 

to order the return of the child at any time. 

Article 19 

A decision under this Convention concerning 

the return of the child shall not be taken to be 

determination on the merits of any custody 

issue. 

Article 20 

The return of the child under the provision of 

Article 12 may be refused if this would not be 

permitted by the fundamental principles of the 

H

a

g

ue 

C

o

n

ve

ntio

n

/Intern

atio

n

al C

hild 

A

b

d

u

ction 

requested state relating to the protection of 

human rights and fundamental freedoms. 

Chapter VI -

Rights of Access 

Article 21 

An application to make arrangements for organizing or securing the effective exercise of 

rights of access may be presented to the Central 

Authorities of the Contracting states in the 

same way as an application for the return of a 

child. 

The Central Authorities are bound by the obligations of co-operation which are set forth in 

Article 7 to promote the peaceful enjoyment of 

access rights and the fulfillment of any 

conditions to which the exercise of such rights 

may be subject. The Central Authorities shall 

take steps to remove, as far as possible, all 

obstacles to the exercise of such rights. The 

Central Authorities, either directly or through 

intermediaries, may initiate or assist in the 

institution of proceedings with a view to organizing or protecting these rights and securing respect for the conditions to which the 

exercise of these rights may be subject. 

Article 22 

No security, bond or deposit, however 

described, shall be required to guarantee the 

payment of costs and expenses in the judicial or 

administrative proceedings falling within the 

scope of this Convention. 

Article 23 

No legalization or similar formality may be 

required in the context of this Convention. 

119

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

Article 24 

Any application, communication or other document sent to the Central Authority of the requested state shall be in the original language, 

and shall be accompanied by a translation into 

the official language or one of the official languages of the requested state or, where that is 

not feasible, a translation into French or English. 

However, a Contracting State may, by making a 

reservation in accordance with Article 42, object to the use of either French or English, but 

not both, in any application, communication or 

other document sent to its Central Authority. 

Article 25 

Nationals of the Contracting states and persons 

who are habitually resident within those states 

shall be entitled in matters concerned with the 

application of this Convention to legal aid and 

advice in any other Contracting State on the 

same conditions as if they themselves were nationals of and habitually resident in that state. 

Article 26 

Each Central Authority shall bear its own costs 

in applying this Convention. 

Central Authorities and other public services of 

Contracting states shall not impose any charges 

in relation to applications submitted under this 

Convention. In particular, they may not require 

any payment from the applicant towards the 

costs and expenses of the proceedings or, where 

applicable, those arising from the participation 

of legal counsel or advisers. However, they may 

require the payment of the expenses incurred or 

to be incurred in implementing the return of the 

child. 

However, a Contracting State may, by making 

a reservation in accordance with Article 42, 

declare that it shall not be bound to assume any 

costs referred to in the preceding paragraph 

resulting from the participation of legal counsel 

or advisers or from court proceedings, except 

insofar as those costs may be covered by its 

system of legal aid and advice. 

Upon ordering the return of a child or issuing 

an order concerning rights of access under this 

Convention, the judicial or administrative authorities may, where appropriate, direct the 

person who removed or retained the child, or 

who prevented the exercise of rights of access, 

to pay necessary expenses incurred by or on 

behalf of the applicant, including travel expenses, any costs incurred or payments made for 

locating the child, the costs of legal representation of the applicant, and those of returning the 

child. 

Article 27 

When it is manifest that the requirements of this 

Convention are not fulfilled or that the application is otherwise not well founded, a Central 

Authority is not bound to accept the application. 

In that case, the Central Authority shall forthwith inform the applicant or the Central Authority through which the application was submitted, as the case may be, of its reasons. 

Article 28 

A Central Authority may require that the 

application be accompanied by a written authorization empowering it to act on behalf of 

the applicant, or to designate a representative 

so to act. 

120

Article 29 

This Convention shall not preclude any person, 

institution or body who claims that there has 

been a breach of custody or access rights within the meaning of Article 3 or 21 from applying 

directly to the judicial or administrative 

authorities of a Contracting State, whether or 

not under the provisions of this Convention. 

Article 30 

Any application submitted to the Central Authorities or directly to the judicial or administrative authorities of a Contracting State in 

accordance with the terms of this Convention, 

together with documents and any other information appended thereto or provided by a Central Authority, shall be admissible in the courts 

or administrative authorities of the Contracting 

states. 

Article 31 

In relation to a state which in matters of custody of children has two or more systems of 

law applicable in different territorial units— 

a. 	 any reference to habitual residence in that 

state shall be construed as referring to habitual residence in a territorial unit of that 

state; 

b. 	 any reference to the law of the state of habitual residence shall be construed as referring to the law of the territorial unit in that 

state where the child habitually 

resides. 

H

a

g

ue 

C

o

n

ve

ntio

n

/Intern

atio

n

al C

hild 

A

b

d

u

ction 

Article 32 

In relation to a state which in matters of custody of children has two or more systems of law 

applicable to different categories of persons, 

any reference to the law of that state shall be 

construed as referring to the legal system specified by the law of that state. 

Article 33 

A state within which different territorial units 

have their own rules of law in respect of custody of children shall not be bound to apply this 

Convention where a state with a unified system 

of law would not be bound to do so. 

Article 34 

This Convention shall take priority in matters 

within its scope over the Convention of 5 

October 1961 concerning the powers of authorities and the law applicable in respect of 

the protection of minors, as between Parties to 

both Conventions. Otherwise the present Convention shall not restrict the application of an 

international instrument in force between the 

state of origin and the state addressed or other 

law of the state addressed for the purposes of 

obtaining the return of a child who has been 

wrongfully removed or retained or of organizing access rights. 

Article 35 

This Convention shall apply as between Contracting states only to wrongful removals or 

retentions occurring after its entry into force in 

those states. 

121

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

Where a declaration has been made under Article 39 or 40, the reference in the preceding 

paragraph to a Contracting State shall be taken 

to refer to the territorial unit or units in relation 

to which this Convention applies. 

Article 36 

Nothing in this Convention shall prevent two or 

more Contracting States, in order to limit the 

restrictions to which the return of the child may 

be subject, from agreeing among themselves to 

derogate from any provision of this Convention 

which may imply such a restriction. 

Chapter VI -

Final Clauses 

Article 37 

The Convention shall be open for signature by 

the states which were Members of the Hague 

Conference on Private International Law at the 

time of its Fourteenth Session. 

It shall be ratified, accepted or approved and 

the instruments of ratification, acceptance or 

approval shall be deposited with the Ministry 

of Foreign Affairs of the Kingdom of the 

Netherlands. 

Article 38 

Any other state may accede to the Convention. 

The instrument of accession shall be deposited 

with the Ministry of Foreign Affairs of the 

Kingdom of the Netherlands. 

The Convention shall enter into force for a state 

acceding to it on the first day of the third calendar month after the deposit of its instrument of 

accession. 

The accession will have effect only as regards 

the relations between the acceding state and 

such Contracting states as will have declared 

their acceptance of the accession. Such a declaration will also have to be made by any Member State ratifying, accepting or approving the 

Convention after an accession. Such declaration 

shall be deposited at the Ministry of Foreign 

Affairs of the Kingdom of the Netherlands; this 

Ministry shall forward, through diplomatic 

channels, a certified copy to each of the Contracting states. 

The Convention will enter into force as 

between the acceding state and the state that 

has declared its acceptance of the accession on 

the first day of the third calendar month after 

the deposit of the declaration of acceptance. 

Article 39 

Any state may, at the time of signature, ratification, acceptance, approval or accession, declare 

that the Convention shall extend to all the territories for the international relations of which it 

is responsible, or to one or more of them. Such 

a declaration shall take effect at the time the 

Convention enters into force for that state. 

Such declaration, as well as any subsequent 

extension, shall be notified to the Ministry 

of Foreign Affairs of the Kingdom of the 

Netherlands. 

Article 40 

If a Contracting State has two or more territorial units in which different systems of law are 

applicable in relation to matters dealt with in 

this Convention, it may at the time of signature, 

ratification, acceptance, approval or accession 

declare that this Convention shall extend to all 

its territorial units or only to one or more of 

them and may modify this declaration by submitting another declaration at any time. 

Any such declaration shall be notified to the 

Ministry of Foreign Affairs of the Kingdom of 

122

the Netherlands and shall state expressly the 

territorial units to which the Convention applies. 

Article 41 

Where a Contracting State has a system of government under which executive, judicial and 

legislative powers are distributed between central and other authorities within that state, its 

signature or ratification, acceptance or approval 

of, or accession to this Convention, or its making of any declaration in terms of Article 40 

shall carry no implication as to the internal distribution of powers within that state. 

Article 42 

Any state may, not later than the time of ratification, acceptance, approval or accession, or at 

the time of making a declaration in terms of 

Article 39 or 40, make one or both of the reservations provided for in Article 24 and Article 

26, third paragraph. No other reservations shall 

be permitted. 

Any state may at any time withdraw a reservation it has made. The withdrawal shall be notified to the Ministry of Foreign Affairs of the 

Kingdom of the Netherlands. The reservation 

shall cease to have effect on the first day of the 

third calendar month after the notification referred to in the preceding paragraph. 

Article 43 

The Convention shall enter into force on the 

first day of the third calendar month after the 

deposit of the third instrument of ratification, 

acceptance, approval or accession referred to in 

Articles 37 and 38. 

Thereafter the Convention shall enter into force1. 	 for each state ratifying, accepting, approving or acceding to it subsequently, on the 

first day of the third calendar month after 

H

a

g

ue 

C

o

n

ve

ntio

n

/Intern

atio

n

al C

hild 

A

b

d

u

ction 

the deposit of its instrument of ratification, 

acceptance, approval or accession; 

2. for any territory or territorial unit to which 

the Convention has been extended in conformity with Article 39 or 40, on the first 

day of the third calendar month after the 

notification referred to in that Article. 

Article 44 

The Convention shall remain in force for five 

years from the date of its entry into force in 

accordance with the first paragraph of Article 

43 even for states which subsequently have 

ratified, accepted, approved it or acceded to it. 

If there has been no denunciation, it shall be 

renewed tacitly every five years. 

Any denunciation shall be notified to the Ministry of Foreign Affairs of the Kingdom of the 

Netherlands at least six months before the expiry of the five year period. It may be limited to 

certain of the territories or territorial units to 

which the Convention applies. 

The denunciation shall have effect only as 

regards the state which has notified it. The 

Convention shall remain in force for the other 

Contracting states. 

Article 45 

The Ministry of Foreign Affairs of the Kingdom 

of the Netherlands shall notify the states Members of the Conference, and the states which 

have acceded in accordance with Article 38, of 

the following— 

1. the signatures and ratifications, acceptances 

and approvals referred to in Article 37; 

2. the accession referred to in Article 38; 

3. the date on which the Convention enters 

into force in accordance with Article 43; 

123

A 

Fa

mily 

Reso

urce 

G

uide 

on Intern

atio

n

al P

are

ntal Kid

n

a

p

ping 

4. the extensions referred to in Article 39; 

5. 	 the declarations referred to in Articles 38 

and 40; 

6. 	 the reservations referred to in Article 24 

and Article 26, third paragraph, and the 

withdrawals referred to in Article 42; 

7. 	 the denunciation referred to in Article 44. 

In witness whereof the undersigned, being duly 

authorized thereto, have signed this Convention. 

Done at The Hague, on the 25th day of October, 1980, in the English and French languages, 

both texts being equally authentic, in a single 

copy which shall be deposited in the archives of 

the Government of the Kingdom of the Netherlands, and of which a certified copy shall be 

sent, through diplomatic channels, to each of 

the states Members of the Hague Conference 

on Private International Law at the date of its 

Fourteenth Session. 

124

C

h

a

pter O

n

e

H

a

g

ue 

C

o

n

ve

ntio

n

/Intern

atio

n

al C

hild 

A

b

d

u

ctio

n

/

A

p

plic

ation for Assista

n

c

Application for Assistance Under

e 

the Hague Convention on 

International Child Abduction 

To invoke the Hague Convention, submit two completed applications for each child. The application form may be photocopied. Type or print all 

information in black or blue ink. Furnish as much of the information called for as possible, using an additional sheet of paper if you need more 

space. If you have further questions about the form, you may wish to refer to the text of the Convention. You may also call the Department of 

State’s Office of Children’s Issues (CA/OCS/CI) at 202–736–9090, or toll free at 888–407–4747. 

Translation of the supporting documents into the official language of the requested country may be necessary. Translations can speed up the 

overall process. Foreign attorneys and judges tend to respond more favorably to such documents. Ask CA/OCS/CI for more information about 

supporting documents. 

You may fax your Hague application to CA/OCS/CI, fax number 202–736–9133. Send originals and supporting documents by mail, express 

mail, or courier service to: 

Department of State 

Office of Children’s Issues 

CA/OCS/CI 

SA–29 

2201 C Street NW. 

Washington, DC 20520–4818 

Be sure to sign and date the application. 

Note: These forms are also available from the U.S. Department of State, Office of Children’s Issues, and can be downloaded from 

www.travel.state.gov/family. 

125 


Instructions for 

Completing the Hague 

Convention Application 

I. Identity of Child and 

Parents 

Child’s Name. The child’s full name: last name, 

first, middle. 

Date of Birth. Month/Day/Year. 

Place of Birth. City/State/Country. 

Address. Child’s address in the country of habitual residence at the time of the abduction or 

removal. 

U.S. Social Security Number. A nine-digit 

number: 000–00–0000 (if known).


Passport/Identity Card. Issuing country and


passport or I.D. number (if known).


Nationalities. Include all nationalities of the


child (e.g. U.S., Canadian).


Height. Feet and inches.


Weight. Pounds.


Sex. Male or female.


Color of Hair. Child’s hair color.


Color of Eyes. Child’s eye color (include color


photo, if available).


Father 

Name. Full name of father: last name, first, 

middle. 

Date of Birth. Month/Day/Year.


Place of Birth. City/State/Country.


Nationalities. Include all nationalities.


Occupation. Usual or last known.


Passport/Identity Card. Issuing country and


number (if known).


Current Address and Telephone Number. 

Include ZIP code as well as telephone and fax 

numbers for work and home. 

U.S. Social Security Number. A nine-digit 

number: 000–00–0000 (if known). 

Country of Habitual Residence. Of the father 

before the abduction or retention, particularly if 

different from that of the child. 

Date and Place of Marriage and Divorce, if 

applicable. Indicate date and location of marriage and divorce of the parents of the child. It 

is important to clearly state the marital status 

at the time of the abduction or retention. 

Mother 

Name. Full name of mother of child: last name,


first, middle (include maiden name).


Date of Birth. Month/Day/Year.


Place of Birth. City/State/Country.


Nationalities. Include all nationalities.


Occupation. Usual or last known.


Passport/Identity Card. Issuing country and


number (if known).


Current Address and Telephone Number. 

Include ZIP code as well as telephone and fax 

numbers for work and home. 

Application


129

A Family Resource Guide on International Parental Kidnapping


U.S. Social Security Number. A nine-digit 

number: 000–00–0000 (if known). 

Country of Habitual Residence. Of the mother before the abduction or retention, particularly if different from that of the child. 

Date and Place of Marriage and Divorce, if 

applicable. Indicate date and location of marriage and divorce, as applicable, of the parents 

of the child. It is important to clearly indicate 

the parents’ marital status at the time of the 

abduction or retention. 

II. Person Seeking 

Return of/Access to Child 

This section is for information concerning the 

person or institution applying for the return of 

the child to the United States. 

Name. Provide the full name of the person or 

institution asking for the child to be returned. 

Nationalities. Of the requester. 

Relationship to Child. Relationship of the requester to the child (e.g., mother, father). 

Current Address and Telephone Number. 

Include home, work, and fax numbers. 

Occupation. Of the requester (if a person). 

Name, Address, and Telephone Number of 

Legal Adviser, if any. Include ZIP code as well 

as telephone and fax numbers. Some of this information may be the same as that already given. 

III. Information 

Concerning the Person 

Alleged To Have 

Wrongfully Removed 

or Retained Child 

The information about the abducting parent is 

needed to assist in locating the child. Please 

provide all requested information and any additional facts that may help authorities locate the 

child. 

Name. Full name of parent who has abducted 

or wrongfully retained the child. 

Relationship to Child. Relationship of the abductor to the child (e.g., mother, father). 

Known Aliases. Any other names the abductor 

may use. 

Date of Birth. Month/Day/Year. 

Place of Birth. City/State/Country. 

Nationalities. Include all nationalities. 

Occupation and Name and Address of Employer. Provide any employment information 

that may be helpful in locating the abductor, 

such as usual type of work, potential employers, 

or employment agencies. 

Passport/Identity Card. Country and number. 

U.S. Social Security Number. A nine-digit 

number: 000–00–0000 (if known). 

130

Current Location. Of the abductor in the 

country where the child was taken. 

Height. Feet and inches. 

Weight. Pounds. 

Color of Hair. Abductor’s hair color. 

Color of Eyes. Abductor’s eye color. 

Other Persons With Possible Additional 

Information. Provide names, addresses, and 

telephone numbers of anyone in the country to 

which the child was taken who could give the 

Central Authority in that country information 

on the child’s location. 

IV. Time, Place, Date, 

and Circumstances of 

the Wrongful Removal 

or Retention 

Provide the date, to the best of your knowledge, 

that the child left the United States or when the 

wrongful retention began. Include the place from 

which the child was taken. Describe the legal 

relationship existing between you and the abducting parent when the child was removed. 

What were the circumstances leading up to the 

removal or retention? How did you learn of the 

removal/retention? Did the other parent take 

the child during a scheduled visitation? Did the 

other parent take the child for what you believed would be a short visit and then inform 

you that they were staying? Did they purchase 

round-trip air tickets to show that they intended to return? Had you and your family moved 

to the other country, and then you decided to 

return to the United States? 

Take this opportunity to tell your story. Try to 

anticipate what claims the other parent may 

make and provide your explanation. 

Note: Do not limit yourself to the space provided on the form. Additional pages may be 

attached to fully narrate the circumstances. 

However, please be concise. 

V. Factual or Legal 

Grounds Justifying 

the Request 

Provide information and documentation establishing that you had, and were exercising, a 

right of custody at the time of the child’s removal. Generally, a right of custody is created 

by a custody order when parents are divorced, 

or by operation of state law when parents are 

still married or were never married when the 

child was taken. As stated, the Convention defines “rights of custody” as including “rights relating to the care of the child and, in particular, 

the right to determine the child’s place of residence.” Thus, you may have a “right of custody” 

as defined by the Convention even if you do not 

have court-ordered joint or sole custody of the 

child. 

Important: If there is no applicable court order, 

please provide a copy of the state statute, case 

law, or an affidavit of law prepared by an attorney that establishes your right of custody at the 

time of the child’s removal. This provision of 

the law may sometimes be found in the estate 

and wills section of the state code. Remember, 

you are not attempting to show that you would 

have an equal right to obtain custody in a subsequent custody proceeding, but that you had 

and were exercising a right of custody when the 

child was taken. 

Application


131

A Family Resource Guide on International Parental Kidnapping


SEND IN YOUR HAGUE APPLICATION 

IMMEDIATELY. Do NOT wait to get an 

order of custody. Orders issued after removal/ 

retention are irrelevant in a Hague hearing. 

VI. Civil Proceedings in 

Progress, if Any 

Indicate any civil action (in the United States 

or abroad) that may be pending (e.g., custody, 

divorce). Name court and hearing dates. 

VII. Child Is To Be 

Returned to 

Name. Of person to whom child will be 

returned. 

Date of Birth. Of person to whom child will 

be returned. 

Place of Birth. Of person to whom child will 

be returned. 

Address. Of person to whom child will be 

returned. 

Telephone Number. Of person to whom child 

will be returned. 

Proposed Arrangements for Return Travel of 

Child. Provide means by which you propose 

the child will return to the United States if this 

is ordered. For example, would you travel to 

pick up the child, or would someone go in your 

place? Is the child old enough to travel by himor herself? Is there someone in the foreign country who could return with the child? Would the 

child travel by car, train, airplane? Be specific. 

VIII. Other Remarks 

State here whether you are applying for return 

or access under the Convention. You should 

include here any additional information that 

you believe may be pertinent to the Hague 

application. 

Sign and date the application in black or 

blue ink. 

132

Hague Application Checklist 

Application


(Check with country officer for specific requirements.) 

Application form (signed original, one for each child). Note: Country may require use of 

special application form. 

Marriage certificate (if applicable). May need to be certified copy. 

Birth certificate of child. May need to be certified copy. 

Divorce decree (if applicable). May need to be certified copy. 

Evidence of custodial right: 

Custody order, or 

Copy of state statute, or 

Affidavit of law regarding presumption of custody under state law, or 

Article 15 determination by state court. 

Other pertinent court documents. 

Photographs of abducting parent and child. 

statement regarding circumstances of removal or retention. 

Other documents specifically required by receiving country (e.g., Article 28 statement, 

power of attorney to foreign central authority). 

Translations (if applicable). 

Application for legal assistance (if applicable). 

133

Abduction Checklist 

for Parents 

The following checklist is a modified version of the one that appears at the beginning of the State Department’s publication International 

Parental Child Abduction (11th ed., July 1997). It is intended to guide you on the type of information you need to maintain and the questions 

you need to ask as you continue to search for your child. You are encouraged to work with your local law enforcement agency to ensure that no 

stone is left unturned and that all information is collected that might lead to recovery of and reunification with your child. 

Instructions 

Your situation is difficult, but there are things that you can do. This list assumes that you know or strongly suspect that your child has been 

abducted abroad to a country that is not a party to the Hague Convention on the Civil Aspects of International Child Abduction. If the country 

is a party to the Hague Convention and your situation meets the requirements of the Hague Convention, you can submit the Application for 

Assistance Under the Hague Convention on Child Abduction, which is included on page 125 of this guide. 

If you do not have a Hague case, complete this checklist in detail and forward a copy to the Office of Children’s Issues (CI) when you report the 

abduction of your child. It is critically important that you continue to update CI on the status of any developments in your case. You should send 

CI updated copies of this checklist when new developments occur. You can fax the checklist to 202–663–2674 or mail it to Office of Children’s 

Issues; contact information is in the “Directory of Resources” on page 111 of this guide. 

Chapter One Abduction Checklist for Parents 

135

A Family Resource Guide on International Parental Kidnapping


Abduction Checklist for Parents and 

Their Law Enforcement Partners 

About the Child 

Child’s name:___________________,___________________,___________________(last, first, middle) 

Child is currently located (if known): ______________________________________(name of country) 

Address:_______________________________________________________________________ 

Telephone:____________________________________________ 

Fax:__________________________________________________ 

E-mail:_______________________________________________ 

Child’s date of birth:_______/_______/_______(month/day/year)


Child’s place of birth:____________________________________________________(name of country)


Is the child a U.S. citizen? 
 Yes No 

Is the child a citizen of any other country? Yes No


If yes, what country?___________________________________________________________________


Child’s U.S. passport number:____________________________________________________________


Child’s other passports (country and number):______________________________________________


Date your child was abducted or wrongful retention began:_______/_______/_______(month/day/year)


About You 

Your name:____________________,____________________,____________________(last, first, middle) 

Address:_____________________________________________________________________________ 

Telephone:____________________________________________________________________________ 

Fax:_________________________________________________________________________________ 

E-mail:_______________________________________________________________________________ 

Your relationship to child: Mother Father Other (specify)_________________________ 

136

About the Abductor 

Abductor’s name:___________________,___________________,___________________(last, first, middle) 

Last known U.S. address:________________________________________________________________ 

Address abroad (if known):______________________________________________________________ 

Telephone numbers (if known) U.S.:_______________________ Foreign:________________________ 

Fax numbers (if known) U.S.:____________________________ Foreign:________________________ 

Abductor’s relationship to child: Mother Father Other (specify)____________________ 

Is the abductor a U.S. citizen? Yes No 

Is the abductor a citizen of any other country? Yes No 

If yes, what country? ______________________________________ 

Abductor’s nationality:____________________________________________ 

Passport number(s) U.S.: _________________ Other (country and number): ____________________ 

Legal Relationship Between Parents 

Marital status: Married Divorced Never married Separated 

Do you have a custody order? Yes No


Date custody order issued:_______/_______/_______(month/day/year)


If so, were you awarded: 
 Sole custody? Joint custody? Visitation? 

Was the abductor awarded: Sole custody? Joint custody? Visitation? 

Does the custody order prohibit your child from traveling without your (or the court’s) permission 

or restrict the child’s removal from the country? Yes No 

Name of issuing court(s):________________________________________________________________ 

Address:________________________________________________________________________ 

Telephone:____________________________ Fax (if known): ___________________________ 

E-mail:________________________________________________________________________ 

Do you have a certified copy of your custody decree? Yes No 

Note: You may need to furnish proof of your custody rights at various stages in your search and 

recovery effort. Please submit a copy of your certified order to the State Department. 

Abduction Checklist f

or Parents


137

1. Preventive Measures 

A Family Resource Guide on International Parental Kidnapping


If you have an urgent case (abduction in progress), skip this section and go to #2. 

Has your child’s name been entered in the Children’s Passport Issuance Alert Program? 

Yes No 

If your child is a dual national, have you informed the embassy and consulates of the foreign 

country of your custody decree and asked them not to issue a foreign passport to your child? 

Yes No


Country: ___________________________________________________


Date foreign embassy/consulate(s) contacted: _____________________


Name(s) of official(s) contacted:_________________________________


Address:____________________________________________________


Telephone:___________________________________________________


Fax:________________________________________________________


E-mail:______________________________________________________


If your child only has U.S. citizenship, but the other parent has close ties to a particular country, 

have you informed the embassy and consulates of that country of your custody order and asked 

them not to issue a visa to your child? Yes No


Country:____________________________________________________


Date foreign embassy/consulate(s) contacted:______________________


Name(s) of official(s) contacted:_________________________________


Have you obtained a free copy of the National Center for Missing & Exploited Children’s book 

Family Abduction: How To Prevent an Abduction and What To Do if Your Child Is Abducted? Yes No 

Have you read about prevention on CI’s and NCMEC‘s Web sites? Yes No


Have you requested a prevention packet from NCMEC? 
 Yes No 

2. Emergency Action: What To Do Right Away if 

an Abduction Is in Progress 

Have you reported the abduction to your local police department? Yes No 

Date police report filed:________________________________________ 

138

Name of police officer:_________________________________________


Address:____________________________________________________


Telephone:___________________________________________________


Fax:_________________________________________________________


E-mail:______________________________________________________


Case file number:_____________________________________________


Has your child been entered into the National Crime Information Center (NCIC) Missing Person 

File? 

____________________________________________________________ 

__________________________________________________________________ 

__________________________________________________________________ 

Yes No 

NCIC record number:_________________________________________ 

Has an AMBER Alert been issued? Yes No 

If there is a warrant for the abductor, has it been entered into NCIC and linked to the child‘s 

Missing Person File? Yes No Don‘t Know 

What are the make, model, year, color, and license plate number of the vehicle the abductor may 

use to transport the child? 

Have local law enforcement authorities entered the abductor’s vehicle into NCIC? Yes No 

If so, is it linked to the child‘s Missing Person File? Yes No Don‘t Know 

Has local law enforcement (or the FBI) contacted USNCB–INTERPOL to put appropriate law 

enforcement authorities on notice of the abduction? Yes No


What is the abductor’s probable destination? _________________________


What airlines would the abductor potentially use to depart the United States?


Have you reported the abduction to the FBI? Yes No


Date of report to FBI:________________________________________________


Name of FBI agent:__________________________________________________


Field office:_________________________________________________________


Telephone:_________________________________________________________


Fax:_______________________________________________________________


Abduction Checklist f

or Parents


139

____ 

If your child’s whereabouts are known, have you asked the Department of State’s Office of Children’s Issues (CI) to initiate a welfare and whereabouts (W/W) search for your child overseas? 

Yes No


Country in which W/W requested:_________________________________


Date written request submitted to CI:__________________________


Have you tried to establish contact with relatives or friends of the abductor? Yes No 

If so, list their names, addresses, telephone and fax numbers, and the dates contacted: 

__________________________________________________________________ 

__________________________________________________________________ 

E-mail:____________________________________________________________ 

Case file number:____________________________________________________ 

Have you reported your child missing to the National Center for Missing & Exploited Children? 

Yes 
 No


Date contacted:_____________________________________________________


NCMEC case officer:___________________________________________


NCMEC case number:__________________________________________


Do you have a valid passport in case you need to travel overseas?


Your passport number:__________________________________________


Is this a U.S. passport: 
 Yes No


Country, if not U.S.:_____________________________________________


Date passport issued:___________________________________________


Date passport expires:___________________________________________


Place passport issued:___________________________________________


Note: Make a copy of your passport information page, in case you need to submit it. 

If you did not have a custody order at the time the child was abducted, have you since obtained one 

granting you sole custody or prohibiting the child’s removal from the country? Yes No 

3. The Search 

A Family Resource Guide on International Parental Kidnapping


140

Has an “authorized person” (law enforcement official, prosecutor, or judge; not a parent) requested a search of the Federal Parent Locator Service database for address information on the abductor and child? Yes No 

Have you asked the principal of your child’s school to notify you of any requests the school 

receives to transfer your child’s school records? Yes No 

Have you asked the state official responsible for official records to flag any requests the agency 

receives for your child’s birth certificate? Yes No


Have you made a poster of your missing child? 
 Yes No


Have you contacted state and federal victim assistance offices? 
 Yes No


Date contacted: ____________________________________________________________


Name of person you contacted:________________________________________________


Assistance for which you are eligible, if any: ____________________________________


4. After Your Child Has Been Located Abroad 

Have you retained an attorney in the other country? Yes No


Name:_____________________________________________________


Address:___________________________________________________


Telephone:_________________________________________________


Fax:_______________________________________________________


E-mail:____________________________________________________


Date of court hearing abroad:_________________________________________________


Have you filed a Hague application for return? Yes No


Date: _____________________________________________________


Where: ____________________________________________________


Have you filed any other legal actions for your child’s return? Yes No


Date:______________________________________________________


Where:____________________________________________________


Describe the type of action:___________________________________


Abduction Checklist f

or Parents


141

5. Possible Criminal Remedies 

A Family Resource Guide on International Parental Kidnapping


If criminal remedies are sought, there are other issues or questions that will need to be addressed by your law enforcement agency. While these questions or issues are the responsibility of law enforcement, they are presented below to 

help you understand the process and keep you informed. 

Is international parental kidnapping a crime in the state where your child resided at the time of 

the abduction/wrongful retention? Yes No 

Has a state warrant been issued for the abductor’s arrest? Yes No 

If yes, date issued:___________________________________________________ 

Warrant number:____________________________________________________ 

Name of crime:______________________________________________________ 

Has a federal warrant been issued for the abductor? Yes No 

If yes, date issued:___________________________________________________ 

Name of criminal offense:_____________________________________________ 

Unlawful Flight to Avoid Prosecution (UFAP) 

International Parental Kidnapping Crime Act (IPKCA) 

Have the child and abductor’s names been entered in the NCIC computer? Yes No


Missing Person File number:____________________________


Wanted File number:___________________________________


Felony Vehicle File number:_____________________________


Other:________________________ File number:_______________________


Have the abductor’s agents or accomplices been criminally charged? Yes No


If yes, provide the names of the persons charged:__________________________


Have law enforcement officials requested USNCB–INTERPOL to alert appropriate authorities 

in other countries about the abduction? Yes No


Diffusions issued/date:_________________________________


Yellow notice issued/date:_______________________________


Blue notice issued/date:_________________________________


Red notice issued/date:_________________________________


If the abductor is a U.S. citizen and charged with a felony, have U.S. law enforcement officials 

taken action to revoke the abductor’s U.S. passport? Yes No Don’t know 

Is extradition of the abductor possible? Yes No 

Has the U.S. Department of Justice requested extradition on behalf of a U.S. Attorney or state 

prosecutor? Yes No


If yes, from what country:_____________________________________________


Status of extradition request:___________________________________________


142

Jurisdiction UCCJEA Public Enforcement Sections


Alabama Code 1975, §§ 30-3B-101 to 

30-3B-405 

No 

Alaska AS 25.30.300 to 25.30.910 No 

Arizona A.R.S. §§ 25-1001 to 25-1067 Attorney General (§ 125-1065) 

Arkansas A.C.A. §§ 9-19-101 to 9-19-401 Prosecutor or public official (§ 9-19-315) 

California West’s Ann. Cal. Family Code 

§§ 3400 to 3465 

District attorney (§ 3455) 

Colorado West’s C.R.S.A. §§ 14-13-101 

to 14-13-403 

No 

Connecticut C.G.S.A. §§ 46b-115 to 46b-115jj No 

Delaware 13 Del. C. §§ 1901 to 1943 No 

District of Columbia DC Official Code, 2001 Ed. 

§§ 16-4601.1 to 16-4604.2 

Corporation Counsel 

(§ 16-4603.15) 

Florida West’s F.S.A. §§ 61.501 to 

61.542 

State’s Attorney (§ 61.538) 

Georgia O.C.G.A. §§ 19-9-40 to 19-9-104 District attorney (§ 19-9-95) 

Hawaii HRS §§ 583A-101 to 583A-317 Attorney General and prosecuting 

attorneys (§ 583A-315) 

Idaho I.C. §§ 32-11-101 to 32-11-405 County prosecuting attorney 

(§ 32-11-315) 

Illinois S.H.A. 750 ILCS 36/101 to 

36/403 

State’s Attorney or other appropriate 

public official (§ 36/315) 

Iowa I.C.A. §§ 598B.101 to 598B.402 No 

Kansas K.S.A. §§ 38-1336 to 38-1377 Prosecutor (K.S.A. § 38-1372) 

Kentucky KRS §§ 403.800 to 403.880 County attorney or other appropriate 

public official (§ 403.870); peace officer 

(§ 403.872) 

Maine 19-A M.R.S.A. §§ 1731 to 1783 Prosecutor (§ 1775) 

UCCJEA Section 315 

UCCJEA Section 315: Role of Prosecutor or Other Public Official*


UCCJEA Section 315


143

Jurisdiction UCCJEA Public Enforcement Sections 

Maryland MD. FAMILY §§ 9.5-101 to 318 Attorney General (§ 9.5-315) 

Michigan M.C.L.A. §§ 722.1101 to 

722.1406 

Prosecutor or Attorney General 

(§ 722.1314) 

Minnesota M.S.A. §§ 518D.101 to 518D.317 Prosecutor or other appropriate public 

official (§ 518D.315) 

Mississippi MS ST §§ 93-24-1 to 93-24-75 Prosecutor or other appropriate public 

official (§ 93-24-36) 

Montana MCA §§ 40-7-101 to 40-7-317 Prosecutor (§ 40-7-315) 

Nebraska R.R.S. 1943, §§ 43-1226 to 

43-1266 

County attorney or the Attorney General 

(§ 43-1262) 

Nevada N.R.S. 125A.005 to 125A.605 District attorney or the Attorney General 

(§ 125A.565) 

New Jersey N.J.S. 2A: 34-53 to 95 Prosecutor or other appropriate official 

(2A:34-89) 

New Mexico NMSA 1978, §§ 40-10A-101 to 

40-10A-403 

Prosecutor or other appropriate public 

official (§ 40-10A-315) 

New York McKinney’s Domestic Relations 

Law, §§ 75 – 78a 

Prosecutor or other appropriate public 

official (§ 77-n) 

North Carolina G.S. §§ 50A-101 to 50A-317 Prosecutor or other appropriate public 

official (§ 50A-315) 

North Dakota NDCC §§ 14-14.1-01 to 

14-14.1-37 

State’s Attorney (§ 14-14.1-35) 

Ohio S.B. 185 (Enacted 2005) Prosecutors (§ 3127.45) 

Oklahoma 43 Okl. St. Ann. §§ 551-101 to 

551-402 

District attorney (§ 43-551-315) 

Oregon ORS 109.701 to 109.834 District attorney (§ 109.821) 

Pennsylvania PA ST Prec. 23 Pa.C.S.A 

§§ 5401 to 5482 

Prosecutor or other appropriate public 

official (§ 5455) 

UCCJEA Section 315: Role of Prosecutor or Other Public Official* (continued) 

A Family Resource Guide on International Parental Kidnapping


144

Jurisdiction UCCJEA Public Enforcement Sections 

Rhode Island Gen. Laws 1956, §§ 15-14.1-1 

to 15-14.1-42 

Prosecutor or other public official 

(§ 15-14.1-37) 

South Dakota S.DCL. §§ 26-5B-101 to 

26-5B-405 

Prosecutor or other appropriate public 

official (§ 26-5B-315) 

Tennessee T.C.A. §§ 36-6-201 to 36-6-243 Prosecutor or other appropriate public 

official (§ 36-6-239) 

Texas V.T.C.A. Family Code §§ 152.001 

to 152.317 

Prosecutor or other appropriate public 

official (§ 152.315) 

U.S. Virgin Islands Enacted 2005 

Utah U.C.A. 1953, §§ 78-45c-101 to 

78-45c-318 

Prosecutor or Attorney General 

(§ 78-45c-315) 

Virginia Code 1950, §§ 20-146.1 to 

20-146.38 

No 

Washington West’s RCWA 26.27.011 to 

26.27.931 

Prosecutor or Attorney General 

(§ 26.27.541) 

West Virginia Code, 48-20-101 to 48-20-404 Prosecutor or other appropriate public 

official (§ 48-20-315) 

Wyoming W.S. §§ 20-5-201 to 20-5-502 Prosecutor or other appropriate public 

official (W.S. § 20-5-415) 

*Chart current through July 31, 2005. The chart was prepared originally (and has been updated) by 

Patricia M. Hoff as part of a presentation entitled, The New “U”: Understanding and Using the 

UCCJEA in Family Abduction Cases. 

UCCJEA Section 315: Role of Prosecutor or Other Public Official* (continued) 

UCCJEA Section 315


Section 315. Role of [Prosecutor or Public Official] 

(a) In a case arising under this [Act] or involving the Hague Convention on the Civil Aspects of International Child Abduction, the [prosecutor or other appropriate public official] may take any 

lawful action, including resort to a proceeding under this [article] or any other available civil proceeding, to locate a child, obtain the return of a child, or enforce a child custody determination if 

there is: 

(1) an existing child custody determination; 

(2) a request to do so from a court in a pending child custody proceeding; 

(3) a reasonable belief that a criminal statute has been violated; or 

145

A Family Resource Guide on International Parental Kidnapping 

(4) a reasonable belief that the child has been wrongfully removed or retained in violation of the 

Hague Convention on the Civil Aspects of International Child Abduction. 

(b) A [prosecutor or appropriate public official] acting under this section acts on behalf of the court 

and may not represent any party. 

Section 316. Role of [Law Enforcement] 

At the request of a [prosecutor or other appropriate public official] acting under Section 315, a [law 

enforcement officer] may take any lawful action reasonably necessary to locate a child or a party and 

assist [a prosecutor or appropriate public official] with responsibilities under Section 315. 

Section 317. Costs and Expenses 

If the respondent is not the prevailing party, the court may assess against the respondent all direct 

expenses and costs incurred by the [prosecutor or other appropriate public official] and [law enforcement officers] under Section 315 or 316. 

146

Index of Frequently 

Asked Questions 

1. Preventing International Parental Kidnapping 

Why is it important to recognize the risk of international parental kidnapping and to put


appropriate safeguards in place? .................................................................................................................................... 4


Are there warning signs that your child is at risk of international parental kidnapping? .......................... 4


What are the personality profiles of parents who may pose an abduction risk? .......................................... 5


If an abduction is imminent or in progress, is there anything a judge can do 


to prevent or stop it? ............................................................................................................................................................ 6 


What can a court do to reduce the risk of international parental kidnapping? .............................................. 6


How can you persuade a judge that prevention provisions are needed? ........................................................ 6


Where can you find information about the potential obstacles to recovering a child from 


a particular country? .............................................................................................................................................................. 8


If you have made the case for prevention provisions, how do you know which ones to request? ...... 10


What kinds of prevention provisions can a court include in its order? ............................................................ 10


Apart from asking a judge to include prevention measures in a court order, what else 


can a parent do to reduce the risk of abduction? .................................................................................................... 14


2. Urgent Cases: Stopping an Abduction in Progress 

Can an abductor be stopped from leaving this country?...................................................................................... 24


What is an AMBER Alert, and can it be used to stop an international abduction in progress? .............. 24


What are the roles of the FBI, NCIC, DHS, and INTERPOL in stopping an abduction in 


progress and in international parental kidnapping cases generally? .............................................................. 25 


Can an abductor be stopped at a foreign port of entry? ...................................................................................... 27


What should you do on discovering an abduction in progress? ........................................................................ 28


What is the next step if interdiction fails and the abductor succeeds?............................................................ 29


Chapter One Index of Frequently Asked Questions 

147

3. Searching for Your Child 

Where can you get help finding your child? .............................................................................................................. 37


What legal consequences might you face if you don’t find your child quickly? .......................................... 37


How long should you keep searching? ........................................................................................................................ 38


A Family Resource Guide on International Parental Kidnapping


4. Civil Remedies in International 

Parental Kidnapping Cases 

Voluntary Return 

Is voluntary return feasible?.............................................................................................................................................. 50


Where can you get help to negotiate a voluntary return?.................................................................................... 51


If the abductor agrees to return the child, what can the U.S. Embassy do 


to facilitate the return? ...................................................................................................................................................... 52


What are your options if voluntary return isn’t possible?...................................................................................... 52


The Hague Convention on the Civil Aspects of 

International Child Abduction (Hague Convention) 

What is the Hague Convention on the Civil Aspects of International Child Abduction? .......................... 52


Does the Hague Convention address visitation rights? ........................................................................................ 53


When did the Hague Convention take effect in the United States?.................................................................. 53


What is the International Child Abduction Remedies Act (ICARA)? .................................................................. 53


What countries are treaty partners of the United States? .................................................................................... 53


What is the Hague Convention’s return remedy? .................................................................................................... 54


When are removals or retentions “wrongful” under the Hague Convention?................................................ 54


Do you need a custody order to seek a child’s return under the Hague Convention? .............................. 55


Are there any exceptions to the return obligation? ................................................................................................ 55


Is there an official government office responsible for administering the Hague Convention? .............. 55


What assistance does the U.S. Central Authority provide?.................................................................................... 56


148

How do you start a return action under the Hague Convention?...................................................................... 57 

Do you need an attorney to bring a Hague action? ................................................................................................ 58


Where can you get a return application, and is help available to fill it out? .................................................. 58


What role does the UCCJEA authorize prosecutors to play in 


international abduction cases? ...................................................................................................................................... 58 


When should you start a return action? ...................................................................................................................... 59


Does the application have to be translated?.............................................................................................................. 60


If you seek return under the Hague Convention, can you continue trying to


work out a voluntary return? .................................................................................................................................................. 60


Can criminal charges against an abductor impact a Hague proceeding 


for the child’s return? .......................................................................................................................................................... 60


How can you find out if criminal charges will help or hurt a Hague case 


in a particular country? ...................................................................................................................................................... 60


What issues have arisen under the Hague Convention that you 


(and your lawyer) should know about?........................................................................................................................ 60


Must you use the Hague Convention to seek your child’s return? .................................................................... 61


What happens if a foreign court denies return of your child under the 


Hague Convention?.............................................................................................................................................................. 62


Legal Solutions in Countries Not Party to the 

Hague Convention (and in Hague Countries, 

if You Do Not Invoke the Hague Convention 

or Return Is Denied) 

How can you find out what to do if your child is abducted to a non-Hague country?.............................. 62


Can the U.S. Embassy represent you in legal proceedings in the foreign country? .................................... 63


What can the Office of Children’s Issues (CI) in Washington and the 


U.S. Embassy abroad do to help? .................................................................................................................................... 63


Will a foreign court enforce a U.S. custody/visitation order?................................................................................ 64


What recourse do you have if a foreign court refuses to enforce your 


custody/visitation order? .................................................................................................................................................. 64


What if you don’t have a custody order?...................................................................................................................... 64


Index of Frequently Asked Questions


149

Foreign Custody Jurisdiction 

Under what circumstances will you have to litigate custody or 


visitation in the courts of a foreign country? ............................................................................................................ 64


What are the consequences of a foreign court exercising jurisdiction? .......................................................... 64


Will you get a fair hearing?................................................................................................................................................ 65


Will you face discrimination based on gender or nationality? ............................................................................ 65


Will your child’s wishes be considered?........................................................................................................................ 66


If you are awarded custody or visitation, will the order be enforceable? ........................................................ 66


Who pays?................................................................................................................................................................................ 66


Do you jeopardize your legal position in the United States by


pursuing custody or visitation in a foreign court? ............................................................................................ 66


Can criminal charges in the United States against the abductor be 


helpful if civil proceedings abroad are not? .............................................................................................................. 66


A Family Resource Guide on International Parental Kidnapping


Children Abducted to Overseas U.S. 

Military Installations 

Are there any special remedies if the abductor is stationed overseas 


with the U.S. military?.......................................................................................................................................................... 67


Finding a Lawyer 

Do you need a lawyer?........................................................................................................................................................ 67


What should you look for in a lawyer?.......................................................................................................................... 68


Where can you get referrals to lawyers who have handled international 


parental kidnapping cases? .............................................................................................................................................. 68


What if you can’t afford a lawyer? .................................................................................................................................. 69


What questions should you ask before hiring a lawyer?........................................................................................ 70


What should you do if your lawyer isn’t getting results? ...................................................................................... 70


150

Child-Snatching Tort Suits 

What are child-snatching tort suits? .............................................................................................................................. 70


What kind of lawyer do you need for a child-snatching tort suit? .................................................................... 71


Are child-snatching tort suits advisable in every case? .......................................................................................... 71


The Self-Help Dilemma 

Do you have to use the foreign legal system, or can you just go and 


get your child?........................................................................................................................................................................ 71


Can you be prosecuted abroad? .................................................................................................................................... 72


Will your child be safe on return to the United States?.......................................................................................... 72


What are the risks of hiring someone to recover your child? .............................................................................. 72


5. The Crime of International 

Parental Kidnapping 

State Crimes 

What basics should you know about state criminal parental 


kidnapping laws and the criminal process?................................................................................................................ 77


What does your state parental kidnapping law cover? .......................................................................................... 77


Can accomplices be criminally charged? .................................................................................................................... 77


What roles do local police and prosecutors play when an 


international parental kidnapping occurs? ................................................................................................................ 77


Federal Crimes 

What basics should you know about federal criminal parental 


kidnapping laws and policy? ............................................................................................................................................ 78


What is the Fugitive Felon Act?........................................................................................................................................ 78


What is the procedure for getting an Unlawful Flight to Avoid Prosecution (UFAP) 


warrant in an international parental kidnapping case?.......................................................................................... 78


Index of Frequently Asked Questions


151

What happens once a UFAP warrant is issued? ........................................................................................................ 79 

What is the International Parental Kidnapping Crime Act (IPKCA)? .................................................................. 79


Who is responsible for charging an abductor with an IPKCA 


violation, and how is the decision made?.................................................................................................................... 80


Are there special charging considerations under IPKCA when children 


are abducted to or wrongfully retained in countries that are party to the 


Hague Convention on the Civil Aspects of International Child Abduction? .................................................. 80


What charging considerations are there when children are abducted 


to non-Hague countries? .................................................................................................................................................. 81


Who investigates an IPKCA violation? .......................................................................................................................... 81


A Family Resource Guide on International Parental Kidnapping


Foreign Crimes 

Can an abductor be prosecuted in another country? ............................................................................................ 81


Arrest 

What happens to the abducted child when an abductor is 


arrested in a foreign country? .......................................................................................................................................... 81


Extradition 

What is extradition? ............................................................................................................................................................ 82


Is the child returned to the United States pursuant to the 


extradition of the abductor? ............................................................................................................................................ 82


What are the prerequisites for extradition? ................................................................................................................ 82


Conviction, Sentencing, and Crime Victim Assistance 

What basics should you know about conviction and punishment?.................................................................. 83


Is victim assistance available to a left-behind or searching parent?.................................................................. 84


Pursuing Criminal Charges 

Should you pursue charges against the abductor? ................................................................................................ 84


What are the advantages of criminal prosecution? ................................................................................................ 84


What else should you consider before seeking criminal 


charges against the abductor? ........................................................................................................................................ 85


152

How do you pursue criminal charges against the abductor? .............................................................................. 86 

Troubleshooting 

What myths hinder criminal prosecution and investigation, and 


how can they be dispelled? What are the realities? ................................................................................................ 87


What other practical problems are you likely to encounter, and 


what solutions are there? .................................................................................................................................................. 88


What recourse do you have if the prosecutor declines to prosecute the abductor? ..................................89


6. Other Resources To Help Resolve 

International Parental Kidnapping Cases 

How can the National Center for Missing & Exploited 

Children help? ........................................................................................................................................................................ 94


What is the International Centre for Missing & Exploited Children,


and how can it help? .......................................................................................................................................................... 95


Are there any parent advocacy groups working on behalf of 


internationally abducted children?................................................................................................................................ 95


How can the media—television, radio, newspapers, and magazines—help?................................................ 95


How can elected officials help? ...................................................................................................................................... 96


How do you access the State Department’s Web site, and what 


information does it contain about international parental kidnapping? .......................................................... 97


Can foreign embassies and consulates help? ............................................................................................................ 98


How can the abductor’s family and friends help? .................................................................................................... 98


Can U.S. companies doing business in the foreign country help? .................................................................... 99


Can human rights laws and organizations help?...................................................................................................... 99


7. Reunification 

Practical Issues 

How can a child return to the United States if he or she doesn’t


have a U.S. passport? ........................................................................................................................................................ 104


Index of Frequently Asked Questions


153

A Family Resource Guide on International Parental Kidnapping

154

Are funds available to pay for a child’s transportation back to 

the United States? .............................................................................................................................................................. 104

What can be done if a foreign court orders a child’s return to the 

United States, but the child (or the abductor) is not a U.S. citizen and 

is ineligible to enter the country? ................................................................................................................................ 104

Psychological Issues

What factors affect a child’s adjustment?.................................................................................................................. 104

Will counseling be needed? .......................................................................................................................................... 105

Is help available abroad? ................................................................................................................................................105 

Where can you get more information about the psychological aspects 

of reunification? ................................................................................................................................................................ 105

Legal Issues

What legal issues remain after a child’s return?...................................................................................................... 106

Closure

What else needs to be done after your child returns home? ............................................................................ 106
About the Contributors


Terri Beydoun—Terri remains separated from her daughter after 7 years. The child was abducted 

by her father and taken to live with her paternal aunt in Sidon, Lebanon. The father lives in Saudi 

Arabia. Although the father was criminally charged under the federal IPKCA statute, he continues 

to live and work in Saudi Arabia without any harassment. 

Jodi Carlson—Jodi’s stepdaughter was abducted to Germany 7 years ago, where she remains with 

her German mother. Jodi and her husband have visited with the girl and find her alienated from them 

and her extended family. 

Jean Henderson—Jean had no contact with her son, who was abducted at age 8, for more than 5 

years. His abductor-father managed to stay one step ahead of Jean’s location efforts. She was reunited with her son only when his father, facing a terminal illness, surrendered himself to U.S. authorities. 

The boy was in Spain at the time. 

Tom Johnson—Tom’s daughter, a citizen of both the United States and Sweden, has been wrongfully 

held in Sweden by her Swedish mother since 1995. Her retention there is in express violation of a 

Virginia joint custody agreement and the Hague Convention. Tom’s attempts to visit in Sweden have 

been unsatisfactory. Tom firmly believes that the mother, a government lawyer, has been able to 

thwart his efforts to recover his daughter largely due to the assistance she has received from the 

Swedish government. 

John LeBeau—John’s twin toddlers were abducted by their mother, a Danish citizen, from their 

home in Florida in June 1996. She took the children initially to Denmark and then—in violation of a 

Hague return order—to England. The abductor-mother was criminally charged under the federal 

IPKCA statute, no doubt the result of John’s relentlessness in seeking federal intervention on behalf 

of his children. Facing possible extradition from the United Kingdom, the mother returned the children to the United States to John’s custody in December 1998. John remains concerned about the 

possibility of a reabduction. 

Paul Marinkovich—Paul’s son was abducted by his mother, a U.S. citizen. The boy was initially located in Sweden, but he disappeared again with his abductor-mother. He was later found in and recovered from Scotland pursuant to the Hague Convention. The boy was returned to Texas where 

custody proceedings were instituted. 

Steve McCoy—Steve’s son and daughter were abducted to Colombia, where they have remained 

since 1992. The little visitation Steve has had with his children has been in Colombia. 

Ray (“Perry”) Morrison—Perry’s son was abducted by his mother, a Mexican national, in December 

1997. Although the boy is still missing, Perry believes his son is in Mexico. Perry’s wife has been 

charged with criminal child abduction. 

Jose and Miriam Santos—Jose recovered his abducted daughter from Syria after she had been gone 

a year. At the time of the recovery, she was in the care of the abductor’s companion. 

Chapter One About the Contributors 

155