U.S. Department of Justice

Office of Justice Programs

Office of Juvenile Justice and Delinquency Prevention

REPORT
Research and Program Development Division

develops knowledge on national trends in juvenile 

delinquency; supports a program for data collection 

and information sharing that incorporates elements 

of statistical and systems development; identifies the

pathways to delinquency and the best methods to

prevent, intervene in, and treat it; and analyzes practices and trends in the juvenile justice system.

Training and Technical Assistance Division provides

juvenile justice training and technical assistance to

Federal, State, and local governments; law enforcement, judiciary, and corrections personnel; and private

agencies, educational institutions, and community

organizations.

Special Emphasis Division provides discretionary

funds to public and private agencies, organizations,

and individuals to develop and support programs and

replicate tested approaches to delinquency prevention,

treatment, and control in such pertinent areas as 

mentoring, gangs, chronic juvenile offending, and 

community-based sanctions.

State and Tribal Assistance Division provides funds

for State, local, and tribal governments to help them

achieve the system improvement goals of the JJDP

Act, address underage drinking, conduct State challenge activities, implement prevention programs, and

support initiatives to hold juvenile offenders accountable. This Division also provides training and technical assistance, including support to jurisdictions that

are implementing OJJDP’s Comprehensive Strategy

for Serious, Violent, and Chronic Juvenile Offenders.

Information Dissemination and Planning Unit produces and distributes information resources on juvenile

justice research, statistics, and programs and coordinates the Office’s program planning and competitive

award activities. Information that meets the needs of

juvenile justice professionals and policymakers is provided through print and online publications, videotapes,

CD–ROMs, electronic listservs, and the Office’s Web

site. As part of the program planning and award process,

IDPU identifies program priorities, publishes solicitations and application kits, and facilitates peer reviews

for discretionary funding awards.

Concentration of Federal Efforts Program promotes

interagency cooperation and coordination among Federal agencies with responsibilities in the area of juvenile justice. The Program primarily carries out this

responsibility through the Coordinating Council on

Juvenile Justice and Delinquency Prevention, an independent body within the executive branch that was

established by Congress through the JJDP Act.

Child Protection Division administers programs related to crimes against children and children’s exposure

to violence. The Division provides leadership and funding to promote effective policies and procedures to

address the problems of missing and exploited children,

abused or neglected children, and children exposed to

domestic or community violence. CPD program activities include supporting research; providing information,

training, and technical assistance on programs to prevent and respond to child victims, witnesses, and their

families; developing and demonstrating effective child

protection initiatives; and supporting the National

Center for Missing and Exploited Children.

Office of Juvenile Justice

and Delinquency Prevention

The Office of Juvenile Justice and Delinquency Prevention (OJJDP) was established by the President and Congress

through the Juvenile Justice and Delinquency Prevention (JJDP) Act of 1974, Public Law 93–415, as amended. Located

within the Office of Justice Programs of the U.S. Department of Justice, OJJDP’s goal is to provide national leadership in

addressing the issues of preventing and controlling juvenile delinquency and improving the juvenile justice system.

OJJDP sponsors a broad array of research, demonstration, and training initiatives to improve State and local juvenile programs and to benefit private youth-serving agencies. These initiatives are carried out by seven components within OJJDP,

described below.

The mission of OJJDP is to provide national leadership, coordination, and resources to prevent and respond to juvenile

offending and child victimization. OJJDP accomplishes its mission by supporting States, local communities, and tribal

jurisdictions in their efforts to develop and implement effective, multidisciplinary prevention and intervention programs 

and improve the capacity of the juvenile justice system to protect public safety, hold offenders accountable, and provide

treatment and rehabilitative services tailored to the needs of individual juveniles and their families.
A Family Resource Guide 

on International Parental

Kidnapping

Report

Office of Juvenile Justice and Delinquency Prevention

February 2002
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.

U.S. Department of Justice

Office of Justice Programs

Office of Juvenile Justice and Delinquency Prevention

810 Seventh Street NW.

Washington, DC 20531

John Ashcroft

Attorney General

Deborah J. Daniels

Assistant Attorney General

Terrence S. Donahue

Acting Administrator

This document was prepared by Fox Valley Technical College under cooperative agreement number 98–MC–CX–K010

from the Office of Juvenile Justice and Delinquency Prevention (OJJDP), 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 or the U.S. Department of Justice.

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

Foreword

Foreword

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, it is crucial that victims of international parental kidnapping remain

optimistic. Although the situation is dire, it may not be irrevocable. By responding to the abduction

in a hopeful, informed, and resolute fashion, left-behind family members can marshal an effective

recovery plan.

With this goal in mind, we encourage parents of abducted children to use this guidebook as a

resource. 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 leftbehind parents recover their children or reestablish meaningful contact with them in another country.

Our hope is that the information presented here will give parents the knowledge and support they

need to reclaim their children.
v

Acknowledgments

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, Steve McCoy, Paul Marinkovich, 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 and Exploited Children; Judy Schretter from the Child Exploitation and Obscenity Section of the U.S. Department of

Justice; and Ann McGahuey and Jim Schuler 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 the 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.

Finally, sincere thanks go to Ron Laney, Director of 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 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.
vii

Table of Contents

Table of Contents

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

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

2. Urgent Cases: Stopping an Abduction in Progress .............................................................................................19

3. Searching for Your Child................................................................................................................................................31

4. Civil Remedies in International Parental Kidnapping Cases ............................................................................41

5. The Crime of International Parental Kidnapping .................................................................................................69

6. Other Resources To Help Resolve International Parental Kidnapping Cases.............................................87

7. Reunification......................................................................................................................................................................95

Recommended Reading....................................................................................................................................................101

Directory of Resources .......................................................................................................................................................103

Application for Assistance Under the Hague Convention on International Child Abduction ................107

Abduction Checklist for Parents.....................................................................................................................................117

Index of Frequently Asked Questions ..........................................................................................................................125

About the Contributors .....................................................................................................................................................133

1

Introduction

Introduction

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 upon 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. Do everything that can be done to prevent or to

resolve an international parental kidnapping, and use every remedy available to you. This guide will

help you organize your response.
congressional (or other political) interventions,

human rights laws and organizations, and the

National Center for Missing and Exploited

Children (NCMEC). Chapter 7 focuses on the

legal, psychological, and practical issues surrounding a child’s reunification with the leftbehind 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; 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.

A Family Resource Guide on International Parental Kidnapping

2

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). This chapter 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
3

Chapter One

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—chancesare

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

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?

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?

Q
Why is it important to recognize the risk

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 6 and “What myths hinder

criminal prosecution and investigation, and how

can they be dispelled?” on page 80). The second reason is to avoid the legal complications

and unpredictable outcomes associated with

recovery efforts in another country.

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.

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

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.

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?

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).

A Family Resource Guide on International Parental Kidnapping

4

Q

Q
5

Chapter One

● 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.

Q
You can learn more about these risk profiles in

several reports listed in the “Recommended

Reading” section at the end of this guide.

What can a court do to reduce the risk of

international parental kidnapping?

Ask a judge to include prevention provisions in

your custody order. If you are concerned about

the possibility of an abduction when you are

going through divorce or custody proceedings,

try to have appropriate prevention provisions

included in the initial custody order.

If the initial order does not contain prevention

provisions but the situation changes and you

need them now, you will have to go back to

court to request a modification of the original

order.

You may be able to get an emergency 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! The better course

is to go to court for prevention provisions before an abduction occurs. 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 modify the initial order.

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

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

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.

A Family Resource Guide on International Parental Kidnapping

6

Q

Q
7

Chapter One

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.

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 53) 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 (www.travel.state.gov/

abduct.html). You may be able to 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. (See the “Directory of Resources” section of this guide for contact information.) 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. 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. (800–306–6311)

and ask to speak to a parent mentor.

Department of State, Office of Children’s

Issues (OCI). Excellent prevention information

is available online at the State Department’s

Web site (www.travel.state.gov). 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 Parental Child

Abduction” for the following prevention-related

information:

Q
● Child Passport Issuance Alert Program.

● Countries that are party to the Hague 

Convention on the Civil Aspects of International Child Abduction.

● Country-specific abduction flyers.

● Report: From the Law Library of Congress

to the Senate Foreign Relations Committee

on the Operation of the Hague Convention

in [25] Other Countries, October 2000.

● Reports on compliance with the Hague

Convention (2001, 2000, and 1999).

● Report: Hague Convention: Applicable

Law and Institutional Framework Within

Certain Convention Countries.

● Congressional testimony: 10/14/99 Statement of Assistant Secretary Mary A. Ryan

Before the Committee on International 

Relations, U.S. House of Representatives,

on Implementation of the Hague Convention on the Civil Aspects of International

Child Abduction.

● Islamic family law.

You can also telephone OCI for any of this information. Ask the staff if the country you are

concerned about 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 OCI 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 OCI to give

your name to such parents with a request to be

contacted. OCI 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.

OCI 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 13.)

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

embassies in the United States. 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.

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Chapter One

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?

● 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?

Will the other parent cooperate?

National Center for Missing and Exploited

Children. NCMEC also maintains information

similar to that which is maintained by OCI. 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

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.

Q
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 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 13.)

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

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Chapter One

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

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 and 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. 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.

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,

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

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.

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Chapter One

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

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.

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 OCI 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 OCI 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

parent’s knowledge and consent. The new 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.

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. You may use the form at the

end of this chapter (copies are also available

from the Office of Children’s Issues Web site

at www.travel.state.gov).

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.

Revoking a child’s U.S. passport. The longstanding policy against revoking a child’s passport is being reviewed, and changes to the regulation are under advisement. (The abductor’s

U.S. passport is subject to revocation, or a

Q
passport may be denied, at the request of Federal law enforcement authorities. The State Department does not discuss such actions with

searching parents.)

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

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 OCI. Ask OCI 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

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

A Family Resource Guide on International Parental Kidnapping

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Chapter One

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

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.
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 OCI’s Web site: www.travel.state.gov) 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, 2401 E Street NW., SA–1, Room

L–127, Washington, DC 20037; fax: 202–663–2674. You will receive written acknowledgment and information.

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Chapter One

KEY POINTS

● 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; 9–13.)

● 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 4–5.)

● 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 13–15.)
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NOTES __________________________________________________________________

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19

Chapter Two

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 immediatelyupon 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

toset 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 are the roles of the FBI, NCIC, 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 upon discovering an abduction in progress?

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

Q
Can an abductor be stopped from

leaving this country?

Yes, it is possible to stop an abduction in progress. As a general rule, law enforcement efforts

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.

Caveat: You may find it difficult to get law enforcement 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.

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

abductor from leaving the country. 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 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.

What are the roles of the FBI, NCIC, 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.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

foreign law enforcement authorities, the FBI’s

Legal Attache program, and INTERPOL.

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,

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Chapter Two

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. 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 and Exploited

Children (NCMEC) or your State missing children clearinghouse for assistance.

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 charged with a felony for the abduction or any other offense), and the Protection

Order File. All NCIC records pertaining to the

child and abductor should be cross-referenced.

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.

NCIC is also accessible to Federal Inspections

Service (FIS) personnel from the U.S. Customs

Service and the Immigration and Naturalization

Service 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), FIS 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. 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, Customs/

Immigration 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
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 U.S. National Central Bureau—

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 messages, 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

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 the State Department’s Office of Children’s Issues (OCI). 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

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Chapter Two

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.

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

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.

OCI, 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. OCI would take

the lead in requesting urgent assistance to intercept a child. OCI 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.

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 upon the

nationality or gender of the abductor or child or

on other intangibles over which a left-behind

parent has no control, any of which may make a

bid to stop an abduction in progress futile.

What should you do upon 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. An action

checklist follows. Keep detailed records of the

contacts you make.

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 upon 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.)

Q

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A Family Resource Guide on International Parental Kidnapping

24

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). 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.

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 and 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.

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

good track record of returning children to the United States, it is important to consider
25

Chapter Two

Action Checklist (continued)

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 and

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.
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Action Checklist (continued)

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

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 delayfor

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 upon 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 OCI to request that the foreign government intercept the child upon 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 at the back of this

guide.)

If the destination country is not a party to the Hague Convention, ask OCI 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.)
27

Chapter Two

Action Checklist (continued)

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: Although current policy does not

allow a child’s passport to be revoked, the policy is being reviewed, and changes to the regulation are under advisement.) 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.

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.

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.
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KEY POINTS

● 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 24) 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 24–27.)

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

(See page 25.)

●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 25.)

●Ask local law enforcement and the FBI to contact USNCB–INTERPOL without delayfor 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 26.)

●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 26.)

● Contact airlines the abductor might use. (See page 27.) ● Contact the embassy or consulate of the destination country. (See page 27.)
29

Chapter Two

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31

Chapter Three

3. Searching for Your Child

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. Background information

on the Federal Bureau of Investigation (FBI),

National Crime Information Center (NCIC),

and U.S. National Central Bureau–INTERPOL

(USNCB–INTERPOL) also appears 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

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

Q

Q

Q
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

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

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

NCMEC provides information on psychologists

and mental health professionals across the nation who are familiar with the issues faced by

left-behind 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.

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Chapter Three

Action Checklist

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).

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.

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.

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 and 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 request address information about the child and the abductor from the Federal Parent Locator

Service. 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 
A Family Resource Guide on International Parental Kidnapping

34

Action Checklist (continued)

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 free manual for law enforcement, International Parental Kidnapping: A Law Enforcement Guide, is

available from the Office of Juvenile Justice and Delinquency Prevention, through the Juvenile

Justice Clearinghouse (www.puborder.ncjrs.org).

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 and 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 25.)

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 of this guide lists many sources of information that can

help you find your child. You can use the “Abduction Checklist for Parents” at the end of

the guide to help you organize your search efforts.

3. Contact the Department of State, Office of Children’s Issues (OCI), 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.)

If your child is a U.S. citizen or a dual national, contact OCI regarding a “welfare and whereabouts” visit. If you have an open case with OCI, then mail or fax a letter to the office.
35

Chapter Three

Action Checklist (continued)

Include 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 at the back 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 upon 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. 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.Action 

4. Contact the nearest FBI Field Office and ask for an investigation. (The telephone number

should be in the front of your local telephone book.)

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 
A Family Resource Guide on International Parental Kidnapping

36

Action Checklist (continued)

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. Besure 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

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

sent. Once that is known, the school must disclose the child’s current address.
37

Chapter Three

Action Checklist (continued)

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 to provoke the abductor into deeper hiding as a result of your overtures, 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

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 of your child

published internationally. Talk to law enforcement first to be sure that the publicity will not

adversely affect a criminal investigation.
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38

Action Checklist (continued)

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, including the following search engines:

www.anywho.com

www.infospace.com

www.infousa.com

www.switchboard.com

www.whowhere.com

www.555-1212.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.
39

Chapter Three

KEY POINTS

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 33.)

● National Center for Missing and Exploited Children. (See page 34.)

● Department of State, Office of Children’s Issues. (See page 34.)

● Federal Bureau of Investigation. (See page 35.)

● Local prosecutor. (See page 36.)

● 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 with 

the case.
A Family Resource Guide on International Parental Kidnapping

40

NOTES __________________________________________________________________

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41

Chapter Four

4. Civil Remedies in

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 abductedtoor 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 upon 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 under way 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.
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?

When should you start a return action?

Does the application have to be translated?

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?

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42

Q
43

Chapter Four

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 (OCI) 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?

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 personally get your child?

Can you be prosecuted abroad?

Will your child be safe upon 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

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 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

A Family Resource Guide on International Parental Kidnapping

44

Q
45

Chapter Four

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 (OCI), which serves as the U.S.

Central Authority for the Hague Convention.

● National Center for Missing and Exploited

Children (NCMEC).

● Child Find of America, Inc.

● Immigration and Naturalization Service

(INS).

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.

OCI and NCMEC. The Office of Children’s

Issues and the National Center for Missing and

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 upon the particular country involved.

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.

Immigration and Naturalization Service. Under 8 U.S.C. § 1182(a)(10)(C), 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

Q
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

non-Hague 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.

● INS, which has jurisdiction over aliens who

are in or are seeking admission to the United

States, can use this law to deny admission

or to deport.

● State Department consular officers abroad

can use this law to deny or revoke visas of

aliens falling within the statute, thus preventing travel to the United States.

● Although the State Department can revoke

the visa of an alien in the United States, revocation of a visa does not affect the alien’s

length of stay after entry or the right to stay.

Therefore, revoking the visa will not terminate the alien’s legal status in the United

States or compel his or her departure. Revocation will, however, prevent an alien from

reentering, if the alien chooses to depart

voluntarily. Abductors and assisters already

in the United States should be brought to

the attention of INS, which has exclusive

jurisdiction over aliens in 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

precondition for entering the country.

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 transportation may also be available from NCMEC.

Contact NCMEC or OCI 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.

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. Remember that many countries

do not recognize child abduction as a crime.

A Family Resource Guide on International Parental Kidnapping

46

Q

Q
47

Chapter Four

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?

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

not by the abductor’s unilateral actions or by

courts in the country chosen by the abductor.

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 February 2001, 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)

Q

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Belgium (5/1/99)

Belize (11/1/89)

Bosnia and Herzegovina (12/1/91)

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 (except the Faroe Islands and 

Greenland) (7/1/92)

Ecuador (4/1/92)

Finland (8/1/94)

France (7/1/98)

Germany (12/1/90)

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)

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)

Venezuela (1/1/97)

Yugoslavia, Federal Republic of (12/1/91)

Zimbabwe (8/1/95)

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)

for updates on additional countries party to the

Hague Convention. You can also get this information by calling OCI 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.

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48

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Chapter Four

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 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 upon 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.

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.

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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

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 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.

● 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, because USCA does not routinely request status reports.)

● 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. In the 2000 compliance report,

the Department of State reports Austria,

Honduras, Mauritius, and Panama to be

noncompliant, and Germany, Mexico, and

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Sweden to be not fully compliant. Three

other countries—Colombia, Poland, and

Switzerland—are identified as not adequately addressing some aspects of their Hague

Convention obligation.

Compliance information is available online.

If you have access to a computer, go to the

State Department’s Web site (www.travel.

state.gov), click on International Parental

Child Abduction, and click on the two listed

compliance reports. 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.

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
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.

● 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

their 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.

Do you need an attorney to bring a

Hague action?

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.

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.

Does the application have to be 

translated?

The answer depends upon the country involved.

Submit your application in English. The U.S.

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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.

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.

Can criminal charges against an abductor impact a Hague proceeding for the

child’s return?

It depends upon the country.1

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.

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 have systematically denied return, and some countries have no

procedures for enforcing a return order. USCA

has compiled two compliance reports that identify countries with compliance problems (see

“What assistance does the U.S. Central Authority provide?” on page 50). Your attorney should

speak with the OCI case officers for the country

in question for more information.

“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

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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 upon 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.)

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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 (United Kingdom) to very slow

(Germany, Mexico, and Sweden).

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

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.

The Department of State’s Visa Office submits

a request for Significant Public Benefit Parole to

the Immigration and Naturalization Service,

Parole Unit, which adjudicates (decides) the

parole request. In addition to the possibility of

parole for an ineligible alien, there is also the

possibility of a waiver of visa ineligibility pursuant to section 212(d)(3)(A) of the Immigration and Nationality Act. A waiver requires the

recommendation of the consular officer or the

Department of State (Bureau of Consular

Affairs/Visa Office) and the approval of the

Attorney General (INS).

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:

● You can apply for return even if you do not

have a custody order.

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● 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.

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 contempt 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 country 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 countries 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

● You may be able to recover attorneys fees

and other expenses if the child is ordered

returned.

● 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.

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 legal 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)

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.

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Check with the Office of Children’s Issues for

information about the policies, procedures, and

customs of the country in question. Ask OCI

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.

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

(OCI) 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.)

OCI 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.)

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

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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.

● Giverefuge to a parent involved in a reabduction.

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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.

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, it may be necessary 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.)

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

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.

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 abduction or wrongful retention, there is no certainty

that you will be awarded custody. Foreign courts

and authorities may give a home court advantage

to an abductor who has returned to his or her

country of origin with the child. 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.

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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. Also, the National Center for Missing and

Exploited Children has available a publication

titled Family Guide to Surviving Abduction to the

Islamic World that deals with international

parental abduction in Islamic countries.

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.

Will you get a fair hearing?

This depends upon 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

going 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.

Nor may you 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.

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.

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. The Hague Convention is an

example of the latter. Article 13 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

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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.

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.

Who pays?

Litigating in a foreign court can be a huge financial burden for searching 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.

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.

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).

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

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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

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 request help from the Department of Defense, Office of Family Policy, Support, and

Services (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:

● 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

● 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

under the Hague Convention.

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Chapter Four

● 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.

Note that parents who are seeking the return of

abducted children under the Hague Convention

may be eligible for free counsel.

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

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 and 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:

To find a lawyer in the United States, contact:

● American Bar Association, Section of 

Family Law, 312–988–5603, 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. Directories of State and local

bar associations are available from the American Bar Association, 312–988–5000, and

online at the ABA Web site, www.abanet.

org/barserv. Some local bar associations list

their referral services in the government

listings in the telephone book.

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● 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, which maintains lists of lawyers in other countries. In

its capacity as the U.S. Central Authority

for the Hague Convention, OCI 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.

● NCMEC, which 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).

● Foreign bar associations. For links to all 

the major foreign bar associations, go

to www.barassoc.org/Text/foreign_

international.html.

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.

● Parents’ rights organizations (e.g., fathers’

organizations, grandparents’ rights organizations, and mothers-without-custody organizations) and similar groups may recommend lawyers to their constituents.

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

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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.

You can use the following list of questions for

the initial interview. Adapt it for interviewing

U.S. and foreign lawyers:

● 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 kidnapping 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?

● 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.)

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

upon the direction your conversation takes, you

may decide to discharge the lawyer and hire

someone else to represent you. This can be a

severe drain of time and resources, but it can

also turn the whole case around.

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

Child-Snatching Tort

Suits

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

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

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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.

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.

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

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

Do you have to use the foreign legal

system, or can you personally get your

child?

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

might wish or need to make in the foreign

country to stabilize the situation.

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 upon 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

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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.

Will your child be safe upon 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. 

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.

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KEY POINTS

●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. (See pages 44–46.)

● Ifvoluntary 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 47–55.)

●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 55–59.)

●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 pages 59–60.)

● 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 60–63.)

● 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

63–64.)

●The State Department and the National Center for Missing and Exploited Children strongly discourage 

self-help recoveries. (See pages 64–65.)
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Chapter Five

5. The Crime of International

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,

veryfew 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?

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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?

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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

What basics should you know about

State criminal parental kidnapping laws

and the criminal process?

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 less serious crimes, called “misdemeanors,” 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

clearinghouse, your local missing children’s

organization, your lawyer, the National Center

for Missing and Exploited Children (NCMEC),

and the American Prosecutors Research Institute (APRI). 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.)

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. 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

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local prosecutor (e.g., the district attorney,

county attorney, State’s attorney).

The local prosecutor may charge the abductor

with a crime, depending upon 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 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) to enforce custody

determinations and to locate and recover abducted children—even if the abductor is not

charged with a crime. 

Federal Crimes

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

Act and the International Parental Kidnapping

Crime Act. 

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.

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).

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:

● 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

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in the United States upon 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 upon 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.

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. 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 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 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.

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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

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.

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?

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 53.)

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.

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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.

Who investigates an IPKCA violation?

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 leftbehind parent. Foreign authorities may assist 

in this regard, depending upon 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?

It is technically possible for a foreign country 

to prosecute an abductor under its own law 

for crimes committed in the United States.

Arrest

What happens to the abducted child

when an abductor is arrested in a 

foreign country?

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

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 upon local child

welfare authorities to protect the child.

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. The U.S.

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Embassy abroad can arrange repatriation loans

for U.S. citizens. Repatriation loans are subject

to repayment.

Extradition

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 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.

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, as discussed above,

determine the child’s fate.

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

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 remove

any ambiguity about whether the United States

considers parental kidnapping a crime—which it

has since 1993—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).

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Willingness of the requested country to extradite. Experience has shown that foreign governments and courts examine requests for extradition based upon 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, by its judgement as to whether a

civil resolution is possible—and preferred in a

given case—or by domestic policy.

Conviction, Sentencing,

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.

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):

● 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:

● Department of Justice, Office for Victims

of Crime.

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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. 

What are the advantages of criminal

prosecution?

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 Department to 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.

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 upon 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.

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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. Because 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

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

upon 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

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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 upon 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 APRI’s Child 

Abduction/Sexual Exploitation Unit.

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. Check the

inside front cover of your local telephone

directory for the number. 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

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 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

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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 section of IPKCA is not

mandatory. Pursuing a Hague remedy is a parent’s choice: it is often not the best remedy

available, nor is it required. Delaying prosecution in countries where Hague proceedings are

protracted or 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’s

Child Abduction/Sexual Exploitation Unit.

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

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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’s

Child Abduction/Sexual Exploitation Unit 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,

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).

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 coverage of your child’s abduction, emphasizing 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 advocate for changes in the laws and in law enforcement policies. Contact NCMEC, your State

missing children clearinghouse, and missing

children’s organizations in your State for suggestions on changing laws. Support enactment

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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.
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KEY POINTS

●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 71–75.)

● 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 78–80.)

● 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 pages 80–81.)

●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.)
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Chapter Five

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87

Chapter Six

6. Other Resources To Help 

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 and 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 and 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
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?

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.

How can the National Center for Missing

and 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

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Chapter Six

● 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 and Exploited Children, and

how can it help?

ICMEC was established in 1999 as an issue

advocacy organization. It does not manage 

individual cases.

The Centre’s goals are to:

● Provide a coordinated international response

to the issue of missing and exploited children.

● Build a global, Web-based network to disseminate images of missing children and information about them.

● Extend training resources and support

worldwide reforms to protect missing and

abducted children.

● Become the recognized leader on behalf of

international child victims.

As of June 2001, 10 countries, including the

United States, are officially online with ICMEC:

● Argentina: ar.missingkids.com (Policia Federal Argentina).

● Australia: au.missingkids.com (National

Missing Persons Unit at the Australian

Bureau of Criminal Intelligence, Canberra)

● Belgium: be.missingkids.com (Child Focus,

Brussels).

● Brazil: br.missingkids.com (SOS Crianca,

Brasilia and Sao Paulo).

● Canada: ca.missingkids.com (Royal Canadian Mounted Police).

● Chile: ch.missingkids.com (Policia de Investigaciones de Chile, Santiago).

● Italy: it.missingkids.com (Criminalpol, Direzione Centrale Polizia Criminale, Roma).

● Netherlands: nl.missingkids.com (Divisie

Centrale Recherce Informatie, Zoetermeer).

● United Kingdom: uk.missingkids.com (New

Scotland Yard, London and Hertfordshire

Constabulary).

● United States: NCMEC’s Web site, www.

missingkids.com.

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.

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.

Q

Q
How can the media—television, radio,

newspapers, and magazines—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. Such publicity may also encourage 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.

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.

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

yield the results you want. For instance:

● 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-by-country

compliance with the Hague Convention.

Compliance reports not only alert parents

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Chapter Six

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.

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 and click on “International Parental Child Abduction,” where you

will find the following information:

● Office of Children’s Issues.

● OCI division of responsibilities (a list of

personnel and the countries they cover).

● International Parental Child Abduction

Booklet.

● Application for Assistance Under the Hague

Convention on the Civil Aspects of International Child Abduction.

● Text of the Hague Convention on the Civil

Aspects of International Child Abduction.

● Legislation: International Child Abduction

Remedies Act (ICARA).

● List of countries that participate in the

Hague Convention on Child Abduction.

● Islamic family law.

● Child Passport Issuance Alert Program.

● Report: From the Law Library of Congress

to the Senate Foreign Relations Committee

on the Operation of the Hague Convention

in [25] Other Countries, October 2000.

● Reports (2001, 2000, and 1999) on compliance with the Hague Convention on the

Civil Aspects of International Child

Abduction.

● Congressional Testimony: 10/14/99 Statement of Assistant Secretary Mary A. Ryan

Before the Committee on International Relations, U.S. House of Representatives, on

the Implementation of the Hague Convention on the Civil Aspects of International

Child Abduction.

● Judicial education on international parental

child abduction.

● Country-specific abduction flyers.

● Links to INTERPOL, the FBI, NCMEC,

and the Hague Conference on Private International Law.

Can foreign embassies and consulates

help?

If your child is taken to a Hague Convention

country, most likely you will rely upon 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.

Q

Q
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. 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

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

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 liaison 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.

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

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 list

of “leave no stone unturned.”

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 committing resources to this type

of approach.

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Chapter Six

KEY POINTS

● “Leave no stone unturned” in your quest to recover or reestablish access to your child.

● The National Center for Missing and Exploited Children and the International Centre on Missing and Exploited Children are both excellent resources in international parental kidnapping cases. (See pages 88–89.)

● 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 89.)

● Media coverage in the United States and abroad can raise the profile of your case and perhaps bring about

a solution. (See page 90.)

● 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 90–91.)

● Foreign governments can be potential sources of help. (See page 91.)

● Human rights laws and organizations may work on behalf of abducted children.

● You may be able to prevail upon sympathetic relatives and friends of the abductor to help you reestablish

contact with your child or mediate a resolution to the conflict. (See page 92.)

● 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 92.)
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95

Chapter Seven

7. Reunification

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.

● Loose ends to tie up for closure.

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?

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 for closure?

Q
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,

the U.S. Embassy abroad can issue a passport

on a rush basis so that the child can return to

the United States without further delay. Contact the foreign embassy or the Office of Children’s Issues (OCI) 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 OCI and on OCI’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 a

program administered by the National Center

for Missing and 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?

Ironically, 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.

Two possible solutions exist. First, the foreign

government may request that the Immigration

and Naturalization Service grant Significant

Public Benefit Parole for the abductor and/or

child. Second, it is possible to ask the Attorney

General for a waiver of visa ineligibility in accordance with the Immigration and Nationality

Act. (These are discussed on page 53, “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 upon 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.

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Be patient. Show affection and convey a sense of security.

Take precautions so it won’t happen again.

—Jose and Miriam Santos

Will counseling be needed?

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. Alternatively, 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 upon 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.

Where can you get more information

about the psychological aspects of 

reunification?

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

(800–638–8736, or online at www.ncjrs.org).

Legal Issues

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 witness in criminal proceedings against the abductor. Consult your attorney to review your legal

situation promptly upon 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

orders are described in chapter 1.) You may

want to consider a child-snatching tort suit,

which is described in chapter 4.

Q

Q

Q
You may be called upon 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.)

Closure

What else needs to be done for closure?

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

them for their assistance.

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KEY POINTS

● 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 96.)

● Funds may be available (in the form of grants and loans) to help transport a child back to the United 

States. (See page 96.)

● 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 96.)

● 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 96–97.)

● 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 upon to testify in a criminal trial against the abductor. (See

pages 97–98.)

● 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 98.)
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Recommended Reading

Recommended Reading

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 (OCI). 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 OCI. It is also available online at www.

travel.state.gov/abduct.html (click on “International Parental Child Abduction,” and

then on “International Parental Child Abduction Booklet”).

● The National Center for Missing and 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). Another recent publication,

titled Family Guide to Surviving Abduction to

the Islamic World, deals with the impact of

international parental kidnapping cases in

Islamic countries.

● 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., and Girdner, L. 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. (Contact the Juvenile Justice Clearinghouse at 800–638–8376

for information on obtaining a copy of this

report.)

● 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 800–638–8376 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.

● 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

at ojjdp.ncjrs.org/pubs/general.html

#182788.)

● 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 www.ncjrs.org/html/ojjdp/2001_3_1/

contents.html.)

Effects of Kidnapping on

Victim Children

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.

A Family Resource Guide on International Parental Kidnapping

102
103

Directory of Resources

Directory of Resources

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

703–549–4253

703–836–3195 (fax) 

www.ndaa-apri.org

Association of Missing and Exploited 

Children’s Organizations, Inc.

167 Washington Street

Norwell, MA 02061

781–878–3033

781–878–0838 (fax)

ameco@dreamcom.net

Child Find of America, Inc.

P.O. Box 277

New Paltz, NY 12561

800–A–WAY–OUT (800–292–9688)

914–255–1848

914–255–5706 (fax)

www.childfindofamerica.org

International Bar Association

271 Regent Street

London WIB 2AQ

England

+44 (0) 20 7629 1206

+44 (0) 20 7409 0456 (fax)

National Center for Missing and Exploited

Children and International Centre for 

Missing and Exploited Children

Charles B. Wang International Children’s 

Building

699 Prince Street

Alexandria, VA 22314

800–THE–LOST (800–843–5678)

703–837–2122 (fax)

www.missingkids.com

National Center for Victims of Crime

2111 Wilson Boulevard, Suite 300

Arlington, VA 22201

703–276–2880

703–276–2889 (fax)

www.ncvc.org

National Organization of Victim Assistance

1757 Park Road NW.

Washington, DC 20010

202–232–6682

202–452–2255 (fax)

www.try-nova.org.

Professional Bail Agents of the United States

444 N. Capitol Street NW., Suite 805

Washington, DC 20001

800–883–PBUS (800–883–7287)

202–783–4120

202–783–4125 (fax)

www.pbus.com
Royal Canadian Mounted Police

Missing Children’s Registry

877–318–3576 (toll-free)

www.childcybersearch.org/rcmp/

registry.htmsystem

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

info@svnetwork.net

www.svnetwork.net

Team H.O.P.E.

800–306–6311

www.teamhope.org

U.S. Department of Defense

Military Worldwide Locator Services

www.defenselink.mil/faq/pis/PC04MLTR.html

Office of Family Policy, Support, and Services

Crystal Square Four

Suite 302, Room 315

1745 Jefferson Davis Highway

Arlington, VA 22202–3424

703–602–4990

U.S. Department of Justice

Child Protection Division

Office of Juvenile Justice and Delinquency 

Prevention

810 Seventh Street NW.

Washington, DC 20531

202–616–3637

202–307–2819 (fax)

www.ojjdp.ncjrs.org/missing

FBI Office of Crimes Against Children 

935 Pennsylvania Avenue NW.

Washington, DC 20535–0001

202–324–3666

202–324–2731 (fax)

www.fbi.gov

(See the front of your local telephone book for

the number of your local FBI Field Office.)

Juvenile Justice Clearinghouse

P.O. Box 6000

Rockville, MD 20849–6000

800–638–8376

puborder@ncjrs.org

www.ncjrs.org

Office for Victims of Crime

810 Seventh Street NW.

Washington, DC 20531

202–307–5983

202–514–6383 (fax)

www.ojp.usdoj.gov/ovc

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

202–514–2621

U.S. National Central Bureau–INTERPOL

202–616–9000

800–743–5630

NLETS: DCINTER00

NLETS (via NCMEC): VA007019W

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104
105

Directory of Resources

U.S. Department of State

Office of Children’s Issues

CA/OCS/CI

Washington, DC 20520–4818

202–736–7000

202–312–9743 (fax)

202–647–3000 (automated fax: call directly 

from your fax machine)

www.travel.state.gov

Office of Passport Services

2401 E Street NW., Room H911D, SA–1

Washington, DC 20037

202–663–2430

U.S. Central Authority

Contact the U.S. Central Authority by calling

the Office of Children’s Issues.
107

Application

Application for Assistance Under

the Hague Convention on

International Child Abduction

Toinvoke the Hague Convention, submit two completed applications for each child. The application form may be photocopied. Type orprint 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 202–736–7000.

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 202–312–9743. Send originals and supporting documents by mail, express

mail, or courier service to:

Department of State

Office of Children’s Issues

CA/OCS/CI

Washington, DC 20520–4818

Besure 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/abduct.html.


111

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. 

U.S. Social Security Number. A nine-digit

number: 000–00–0000 (if known).

Application
A Family Resource Guide on International Parental Kidnapping

112

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).

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.
113

Application

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. 

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. 
A Family Resource Guide on International Parental Kidnapping

114

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.
115

Application

Hague Application Checklist

(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).
117

Abduction Checklist for Parents

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 nota party to the Hague Convention on the Civil Aspects of International Child Abduction. If the country 

isa 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 in this guide.

Ifyou do not have a Hague case, complete this checklist in detail and forward a copytothe Office of Children’s Issues (OCI) when you report the

abduction of your child. It is critically important that you continue to update OCI on the status of any developments in your case. You should

send OCI updatedcopies 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, 2401 E Street NW., Room L–127, Washington, DC 20037. The telephone number is 202–736–7000.
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:___________________________________________________________________

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)_________________________

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119

Abduction Checklist for Parents

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.
1. Preventive Measures

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 and Exploited Children’s book

Family Abduction: How To Prevent an Abduction and What To Do if Your Child Is Abducted? 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:________________________________________

Name of police officer:_________________________________________

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121

Abduction Checklist for Parents

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:_________________________________________

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

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:_______________________________________________________________

E-mail:____________________________________________________________

Case file number:____________________________________________________

Have you reported your child missing to the National Center for Missing and 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

If your child’s whereabouts are known, have you asked the Department of State’s Office of Children’s Issues (OCI) 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 OCI:____________________________

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:

__________________________________________________________________

__________________________________________________________________

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

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122
123

Abduction Checklist for Parents

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:___________________________________

5. Possible Criminal Remedies

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:___________________________________________

A Family Resource Guide on International Parental Kidnapping

124
125

Index of Frequently Asked Questions

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

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? ..............................................................................................................................................................7

If you have made the case for prevention provisions, how do you know which ones to request? ..........9

What kinds of prevention provisions can a court include in its order?................................................................9

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?......................................................................................................13

2. Urgent Cases: Stopping an Abduction in Progress

Can an abductor be stopped from leaving this country? ......................................................................................20

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

progress and in international parental kidnapping cases generally? ................................................................20

Can an abductor be stopped at a foreign port of entry?........................................................................................22

What should you do upon discovering an abduction in progress?....................................................................23

What is the next step if interdiction fails and the abductor succeeds? ............................................................23
3. Searching for Your Child

Where can you get help finding your child?................................................................................................................31

What legal consequences might you face if you don’t find your child quickly? ............................................31

How long should you keep searching?..........................................................................................................................32

4. Civil Remedies in International Parental 

Kidnapping Cases

Voluntary Return

Is voluntary return feasible? ..............................................................................................................................................44

Where can you get help to negotiate a voluntary return? ....................................................................................45

If the abductor agrees to return the child, what can the U.S. Embassy do to facilitate the return?........46

What are your options if voluntary return isn’t possible? ......................................................................................46

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?............................47

Does the Hague Convention address visitation rights? ..........................................................................................47

When did the Hague Convention take effect in the United States? ..................................................................47

What is the International Child Abduction Remedies Act (ICARA)?....................................................................47

What countries are treaty partners of the United States? ......................................................................................47

What is the Hague Convention’s return remedy? ......................................................................................................48

When are removals or retentions “wrongful” under the Hague Convention? ................................................49

Do you need a custody order to seek a child’s return under the Hague Convention?................................49

Are there any exceptions to the return obligation?..................................................................................................49

Is there an official government office responsible for administering the Hague Convention?................50

What assistance does the U.S. Central Authority provide? ....................................................................................50

How do you start a return action under the Hague Convention? ......................................................................52

Do you need an attorney to bring a Hague action? ................................................................................................52

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127

Index of Frequently Asked Questions

Where can you get a return application, and is help available to fill it out?....................................................52

When should you start a return action? ........................................................................................................................52

Does the application have to be translated? ..............................................................................................................52

If you seek return under the Hague Convention, can you continue trying to 

work out a voluntary return?....................................................................................................................................................53

Can criminal charges against an abductor impact a Hague proceeding for the child’s return?..............53

How can you find out if criminal charges will help or hurt a Hague case in a particular country? ........53

What issues have arisen under the Hague Convention that you (and your lawyer)

should know about? ............................................................................................................................................................53

Must you use the Hague Convention to seek your child’s return?......................................................................54

What happens if a foreign court denies return of your child under the Hague Convention? ..................55

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? ..............................55

Can the U.S. Embassy represent you in legal proceedings in the foreign country?......................................56

What can the Office of Children’s Issues (OCI) in Washington and the 

U.S. Embassy abroad do to help? ....................................................................................................................................56

Will a foreign court enforce a U.S. custody/visitation order? ................................................................................57

What recourse do you have if a foreign court refuses to enforce your custody/visitation order? ..........57

What if you don’t have a custody order? ......................................................................................................................57

Foreign Custody Jurisdiction

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

of a foreign country? ............................................................................................................................................................57

What are the consequences of a foreign court exercising jurisdiction? ..........................................................57

Will you get a fair hearing? ................................................................................................................................................58

Will you face discrimination based on gender or nationality?..............................................................................58

Will your child’s wishes be considered? ........................................................................................................................58

If you are awarded custody or visitation, will the order be enforceable? ........................................................59
Who pays? ................................................................................................................................................................................59

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

visitation in a foreign court? ......................................................................................................................................59

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

proceedings abroad are not? ............................................................................................................................................59

Children Abducted to Overseas U.S. Military Installations

Are there any special remedies if the abductor is stationed overseas with the U.S. military? ..................59

Finding a Lawyer

Do you need a lawyer? ........................................................................................................................................................60

What should you look for in a lawyer? ..........................................................................................................................61

Where can you get referrals to lawyers who have handled international 

parental kidnapping cases?................................................................................................................................................61

What if you can’t afford a lawyer?....................................................................................................................................62

What questions should you ask before hiring a lawyer? ........................................................................................62

What should you do if your lawyer isn’t getting results? ........................................................................................63

Child-Snatching Tort Suits

What are child-snatching tort suits? ..............................................................................................................................63

What kind of lawyer do you need for a child-snatching tort suit? ......................................................................64

Are child-snatching tort suits advisable in every case? ..........................................................................................64

The Self-Help Dilemma

Do you have to use the foreign legal system, or can you personally get your child? ..................................64

Can you be prosecuted abroad? ......................................................................................................................................64

Will your child be safe upon return to the United States?......................................................................................65

What are the risks of hiring someone to recover your child?................................................................................65

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129

Index of Frequently Asked Questions

5. The Crime of International Parental Kidnapping

State Crimes

What basics should you know about State criminal parental kidnapping laws and 

the criminal process? ............................................................................................................................................................71

What does your State parental kidnapping law cover? ..........................................................................................71

Can accomplices be criminally charged? ......................................................................................................................71

What roles do local police and prosecutors play when an international parental 

kidnapping occurs? ..............................................................................................................................................................71

Federal Crimes

What basics should you know about Federal criminal parental kidnapping laws and policy?................72

What is the Fugitive Felon Act? ........................................................................................................................................72

What is the procedure for getting an Unlawful Flight to Avoid Prosecution (UFAP) warrant 

in an international parental kidnapping case? ..........................................................................................................72

What happens once a UFAP warrant is issued? ..........................................................................................................73

What is the International Parental Kidnapping Crime Act (IPKCA)?....................................................................73

Who is responsible for charging an abductor with an IPKCA violation, and 

how is the decision made? ................................................................................................................................................74

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? ..................................................................................................................................74

What charging considerations are there when children are abducted to non-Hague countries?..........75

Who investigates an IPKCA violation? ............................................................................................................................75

Foreign Crimes

Can an abductor be prosecuted in another country?..............................................................................................75

Arrest

What happens to the abducted child when an abductor is arrested in a foreign country?......................75
Extradition

What is extradition? ..............................................................................................................................................................76

Is the child returned to the United States pursuant to the extradition of the abductor? ..........................76

What are the prerequisites for extradition? ................................................................................................................76

Conviction, Sentencing, and Crime Victim Assistance

What basics should you know about conviction and punishment? ..................................................................77

Is victim assistance available to a left-behind or searching parent? ..................................................................77

Pursuing Criminal Charges

Should you pursue charges against the abductor? ..................................................................................................78

What are the advantages of criminal prosecution? ..................................................................................................78

What else should you consider before seeking criminal charges against the abductor? ..........................79

How do you pursue criminal charges against the abductor? ..............................................................................80

Troubleshooting

What myths hinder criminal prosecution and investigation, and how can they be dispelled? 

What are the realities?..........................................................................................................................................................80

What other practical problems are you likely to encounter, and what solutions are there? ....................81

What recourse do you have if the prosecutor declines to prosecute the abductor? ..................................82

6. Other Resources To Help Resolve International

Parental Kidnapping Cases

How can the National Center for Missing and Exploited Children help?..........................................................88

What is the International Centre for Missing and Exploited Children, and how can it help? ....................89

Are there any parent advocacy groups working on behalf of internationally abducted children?........89

A Family Resource Guide on International Parental Kidnapping

130
131

Index of Frequently Asked Questions

How can the media—television, radio, newspapers, and magazines—help? ................................................90

How can elected officials help? ........................................................................................................................................90

How do you access the State Department’s Web site, and what information does it contain 

about international parental kidnapping? ..................................................................................................................91

Can foreign embassies and consulates help?..............................................................................................................91

How can the abductor’s family and friends help? ....................................................................................................92

Can U.S. companies doing business in the foreign country help? ......................................................................92

Can human rights laws and organizations help? ......................................................................................................92

7. Reunification

Practical Issues

How can a child return to the United States if he or she doesn’t have a U.S. passport? ............................96

Are funds available to pay for a child’s transportation back to the United States? ......................................96

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? ......................................96

Psychological Issues

What factors affect a child’s adjustment? ....................................................................................................................96

Will counseling be needed? ..............................................................................................................................................97

Where can you get more information about the psychological aspects of reunification?........................97

Legal Issues

What legal issues remain after a child’s return?..........................................................................................................97

Closure

What else needs to be done for closure? ......................................................................................................................98
133

About the Contributors

About the Contributors

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.

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.

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.

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.

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.

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.
Publications From OJJDP

OJJDP produces a wide variety of materials,

including Bulletins, Fact Sheets, Reports, Summaries, videotapes, CD–ROMs, and the Juvenile Justice journal. These materials and other

resources are available through OJJDP’s Juvenile Justice Clearinghouse (JJC), as described

at the end of this list.

The following list of publications highlights the

latest and most popular information published

by OJJDP, grouped by topical areas:

Corrections and Detention

Construction, Operations, and Staff Training

for Juvenile Confinement Facilities. 2000,

NCJ 178928 (28 pp.).

Disproportionate Minority Confinement: 1997

Update. 1998, NCJ 170606 (12 pp.).

Implementation of the Intensive CommunityBased Aftercare Program. 2000, NCJ 181464

(20 pp.).

Juvenile Arrests 1999. 2000, NCJ 185236

(12 pp.).

Reintegration, Supervised Release, and Intensive Aftercare. 1999, NCJ 175715 (24 pp.).

State Custody Rates, 1997. 2000, NCJ 183108

(4 pp.).

Courts

Employment and Training for Court-Involved

Youth. 2000, NCJ 182787 (112 pp.).

Focus on Accountability: Best Practices 

for Juvenile Court and Probation. 1999,

NCJ 177611 (12 pp.).

From the Courthouse to the Schoolhouse:

Making Successful Transitions. 2000,

NCJ 178900 (16 pp.).

Juvenile Court Statistics 1997. 2000,

NCJ 180864 (120 pp.).

Juvenile Justice (Juvenile Court Issue), Volume

VI, Number 2. 1999, NCJ 178255 (40 pp.).

Juveniles and the Death Penalty. 2000,

NCJ 184748 (16 pp.).

Juvenile Transfers to Criminal Court in the

1990’s: Lessons Learned From Four Studies.

2000, NCJ 181301 (68 pp.).

Juveniles Facing Criminal Sanctions: Three

States That Changed the Rules. 2000,

NCJ 181203 (66 pp.).

Offenders in Juvenile Court, 1997. 2000,

NCJ 181204 (16 pp.).

Teen Courts: A Focus on Research. 2000,

NCJ 183472 (16 pp.).

Delinquency Prevention

1999 Report to Congress: Title V Incentive

Grants for Local Delinquency Prevention

Programs. 2000, NCJ 182677 (60 pp.).

Competency Training—The Strengthening

Families Program: For Parents and Youth

10–14. 2000, NCJ 182208 (12 pp.).

Comprehensive Responses to Youth at Risk:

Interim Findings From the SafeFutures Initiative. 2000, NCJ 183841 (96 pp.).

Co-occurrence of Delinquency and Other Problem Behaviors. 2000, NCJ 182211 (8 pp.).

High/Scope Perry Preschool Project. 2000,

NCJ 181725 (8 pp.).

The Incredible Years Training Series. 2000,

NCJ 173422 (24 pp.).

Juvenile Mentoring Program: A Progress

Review. 2000, NCJ 182209 (8 pp.).

Law Enforcement Referral of At-Risk Youth:

The SHIELD Program. 2000, NCJ 184579

(8 pp.).

The Nurturing Parenting Programs. 2000,

NCJ 172848 (12 pp.).

Prevention of Serious and Violent Juvenile

Offending. 2000, NCJ 178898 (16 pp.).

Gangs

1998 National Youth Gang Survey. 2000,

NCJ 183109 (92 pp.).

Preventing Adolescent Gang Involvement.

2000, NCJ 182210 (12 pp.).

Youth Gang Programs and Strategies. 2000,

NCJ 171154 (96 pp.).

The Youth Gangs, Drugs, and Violence

Connection. 1999, NCJ 171152 (12 pp.).

Youth Gangs in Schools. 2000, NCJ 183015

(8 pp.).

General Juvenile Justice

The Community Assessment Center Concept.

2000, NCJ 178942 (12 pp.).

Increasing School Safety Through Juvenile

Accountability Programs. 2000, NCJ 179283

(16 pp.).

Juvenile Accountability Incentive Block Grants

Strategic Planning Guide. 1999, NCJ 172846

(62 pp.).

Juvenile Justice (Mental Health Issue), Volume

VII, Number 1. 2000, NCJ 178256 (40 pp.).

Juvenile Justice (American Indian Issue), Volume VII, Number 2. 2000, NCJ 184747 (40 pp.).

Juvenile Offenders and Victims: 1999 National

Report. 1999, NCJ 178257 (232 pp.). Also

available on CD–ROM. 2000, NCJ 178991.

OJJDP Research: Making a Difference for

Juveniles. 1999, NCJ 177602 (52 pp.).

Special Education and the Juvenile Justice

System. 2000, NCJ 179359 (16 pp.).

Teenage Fatherhood and Delinquent Behavior.

2000, NCJ 178899 (8 pp.).

Missing and Exploited Children

Kidnaping of Juveniles: Patterns From NIBRS.

2000, NCJ 181161 (8 pp.).

Overview of the Portable Guides to Investigating Child Abuse: Update 2000. 2000,

NCJ 178893 (12 pp.).

Parents AnonymousSM: Strengthening America’s

Families. 1999, NCJ 171120 (12 pp.).

When Your Child Is Missing: A Family Survival

Guide. 1998, NCJ 170022 (96 pp.). Also available in Spanish. 2000, NCJ 178902.

Substance Abuse

The Coach’s Playbook Against Drugs. 1998,

NCJ 173393 (20 pp.).

Developing a Policy for Controlled Substance

Testing of Juveniles. 2000, NCJ 178896 (12 pp.).

Family Skills Training for Parents and Children.

2000, NCJ 180140 (12 pp.).

Violence and Victimization

Characteristics of Crimes Against Juveniles.

2000, NCJ 179034 (12 pp.).

Children as Victims. 2000, NCJ 180753 (24 pp.).

The Comprehensive Strategy: Lessons Learned

From the Pilot Sites. 2000, NCJ 178258 (12 pp.).

Fighting Juvenile Gun Violence. 2000,

NCJ 182679 (12 pp.).

Kids and Guns. 2000, NCJ 178994 (12 pp.).

Predictors of Youth Violence. 2000, NCJ 179065

(12 pp.).

Promising Strategies To Reduce Gun Violence.

1999, NCJ 173950 (276 pp.).

Race, Ethnicity, and Serious and Violent Juvenile Offending. 2000, NCJ 181202 (8 pp.).

Safe From the Start: Taking Action on Children

Exposed to Violence. 2000, NCJ 182789

(76 pp.).

The materials listed on this page and many

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Mail:

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