; 

h': 

t~ ~ 

~ 

~ NATIONAL 

[ CENTER FOR Ii i MISSING & 

I EXPLOITED ~ ®c H I L D R E N !' 

in cooperation with the 

ABA Center on Children and the law 

A program of the Young lawyers Division Fa mil y American Bar Association ~ 

o 

N 

N 

Q) 

~ 

Abduction 

How to 

Prevent an 

Abduction 

and 

What to Do 

If Your Child 

Is Abducted 

If you have issues viewing or accessing this file contact us at NCJRS.gov.
Family Abduction 

How to Prevent an Abduction 

and 

What to Do If Your Child Is Abducted 

January 1994 

Fourth Edition 

Patricia M. Hoff, Esquire 

American Bar Association 

Center on Children and the Law 

Revised by 

Judith Drazen Schretter, Esquire 

and 

Donna Castle Aspell, Esquire 

© National Center for Missing and Exploited Children 

2101 Wilson Boulevard, Suite 550, Arlington, Virginia 22201-3052 

1-800-TH E-LOST 

(1-800-843-5678) 

This publication is designed to provide accurate and authoritative information in 

regard to the subject matter covered. The publisher is distributing this publication 

with the understanding that it is not engaged in rendering legal or other professional 

services. If legal advice or other expert assistance is required, the services of a 

competent professional person should be sought. 
Acknowledgments 

This is the fourth edition of Family Abduction: How to Prevent an Abduction and What to Do If 

Your Child Is Abducted. Prior editions of this book were published as Parental Kidnapping: 

How to Prevent an Abduction and What to Do If Your Child Is Abducted. The first and second 

editions of this publication were written by Patricia M. Hoff, Esquire. The third edition of 

this publication was revised by Patricia M. Hoff, Esquire, and Janet Kosid Uthe, Esquire. 

This fourth edition, revised by Judith Drazen Schretter, Esquire, and Donna Castle Aspell, 

Esquire, rearranges the original material and incorporates valuable suggestions made by 

many who used the previous three editions. The National Center for Missing and Exploited 

Children gratefully acknowledges the contributions of those listed below for their assistance with this edition. 

Donna Castle Aspell, Esquire 

Former Law Clerk 

National Center for Missing and 

Exploited Children 

JoAnn Behnnan-Lippert, Ph.D. 

Western Center for Child Protection 

Robert Daly 

INTERPOL 

Howard Davidson, Esquire 

Director 

American Bar Association 

Center on Children and the Law 

Theresa Delaney 

Publications Director 

National Center for Missing and 

Exploited Children 

Linda Donahue 

Chief, Child Custody Division 

U.S. Department of State 

Ben Ennini 

Director of Case Management 

National Center for Missing and 

Exploited Children 

Linda Girdner, Ph.D. 

American Bar Association 

Center on Children and the Law 

Geoffrey Greif, DSW 

University of Maryland School of 

Social Work 

Chris Hatcher, Ph.D. 

Center for the Study of Trauma 

Tom Heffernan 

Investigator 

Sacramento County District Attorney's Office 

Rebecca Hegar, DSW 

University of Maryland School of Social Work 

Patricia M. Hoff, Esquire 

American Bar Association 

Center on Children and the Law 

149220 

U.S. Department of Justice 

National Institute of Justice 

ii 

This document has been reproduced exactly as received from the 

person or organization originating it. Points of view or opinions stated in 

this document are those of the authors and do not necessarily represent 

the oHicial position or pOlicies of the National Institute of Justice. 

Permission to reproduce this copyrighted material has been 

granted by '1 f" Na~ Center or Mlsslng 

and Exploited Children 

to the National Criminal Justice Reference Service (NCJRS). 

Further reproduction outside of the NCJRS system requires permission 

of the copyright owner. 
~.\. ~ 

~: , 

I

". I 

, 

~, 

1

1.' x 

I

'.' , 

~ .. ~ 

'. 

',t '" 

Barbara Johnson 

Director of Outreach 

Lee Reed 

Officer 

National Center for Missing and 

Exploited Children 

Abilene (Texas) Police Department 

Patricia A. Kelly, J.D. 

National Center for Prosecution of Child Abuse 

Eva Klain, J.D . 

National Center for Prosecution of Child Abuse 

Meredith Morrison, M.S.W. 

Case Manager 

National Center for Missing and 

Exploited Children 

Dave Nuckols 

Investigator 

Office of the District Attorney 

(Albuquerque, New Mexico) 

John B. Rabun, Jr., A.C.S.W. 

Vice President, Chief Operating Officer 

National Center for Missing and 

Exploited Children 

Ruben D. Rodriguez Jr. 

Senior Analyst/Supervisor 

National Center for Missing and 

Exploited Children 

Judith Drazen Schretter 

General Counsel 

National Center for Missing and 

Exploited Children 

Janalee Sponberg, Ph.D. 

Office of Family Policy, Support 

and Services 

U.S. Department of Defense 

Patricia Toth, Esquire 

Director 

National Center for Prosecution 

of Child Abuse 

Janet Kosid Vthe, Esquire 

Sacramento, California 

Carolyn Zogg 

Executive Director 

Child Find of America, Inc. 

Special thanks to the state missing children clearinghouse staff members who 

provided information for this edition. Also, special thanks to Sheila Chapman, 

Sicilia Chinn, Courtney Adams Christiansen, and Suzanne Lappin for their 

assistance. 

Artwork by John Katsu. 

© National Center for Missing and Exploited Children, 1994. 

Prepared under Cooperative Agreement #86-MC-CX-K003 and revised and reprinted under #92-MC-CXK001 from the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U,S, 

Department of Justice, 

Points of view or opinions in this book are those of the National Center for Missing and Exploited Children 

(NCMEC) and do not necessarily represent the official position or pOlicies of the American Bar Association 

or the U,S. Department of Justice. 

iii 
Office of the Administrator 

Dear Reader: 

u.s. Department of Justice 

Office of Justice Programs 

Office of Juvenile Justice and 

Delinquency Prevention 

!tllShillglllll, D.C 20531 

Family abduction-the unlawful taking of a child by the noncustodial parent or other 

relative-is traumatic for both the child and the family. 

Parents not only have to cope with the trauma of a missing child, they have to learn how to 

work within the justice system to recover their child. 

With that in mind, the National Center for Missing and Exploited Children, in cooperative 

agreement with the Office of Juvenile Justice and Delinquency Prevention at the U.S. 

Department of Justice, produced this book entitled Family Abduction: How to Prevent an 

Abduction and What to Do If Your Child Is Abducted. 

It contains information on how to prevent an abduction and what to do if a child is 

kidnapped. It guides parents through the civil and criminal justice systems and explains the 

laws that will help them. 

It also includes suggestions that police officers, prosecutors, attorneys, and family court 

judges can use to help them in their work with family abduction cases. 

I believe you will find it useful, whether you are a parent or professional working in the field 

of juvenile justice. 

5J!!.!!4.u 

John J. Wilson 

Acting Administrator 

Office of Juvenile Justice and Delinquency Prevention 
Contents 

A Message to the Reader vii 

Prevention and Action Checklist ix 

Glossary xi 

1. Preventing an Abduction 1 

Custody and Visitation 1 

Prevention Provisions in the Custody Decree 6 

If An Abduction is Threatened 8 

Family Violence and Child Abuse 10 

Rights of the Noncustodial Parent 10 

2. Civil Remedies If Your Child Is Abducted 13 

Where to Begin 13 

What to Do 13 

Working Through the Family Court 15 

Obtaining Custody After Your Child is Abducted 15 

Abduction by the Custodial Parent 19 

3. Criminal Remedies If Your Child Is Abducted 21 

Working With the Police and Prosecutors 21 

Missing Person's Investigation 21 

Criminal Charges 24 

The Criminal Investigation 28 

The Arrest 30 

Conviction and Punishment 31 

After the Recovery 31 

4. Searching for Your Child 33 

The National Center for Missing and Exploited Children 33 

State Missing Children Clearinghouses 34 

Missing Children's Organizations 34 

Sources of Information 35 

Pursue All Legal Means Available 49 

5. Legally Recovering Your Child 53 

Voluntary Return 53 

Police Assistance 53 

Civil Legal Actions 54 

Self-Help Recovery: Is it Advisable? 58 

v 
6. International Child Abduction 59 

Preventing an International Child Abduction 59 

What to Do in a Case of International Child Abduction 62 

Locating Your Child 64 

The Hague Convention on the Civil Aspects of International 

Child Abduction 66 

Recovering Your Child 67 

7. Psychological Issues in Recovery and Family Reunification 71 

Specific Issues Prior to Recovery 72 

Reunification Meeting Recommendations 73 

Specific Issues After Recovery 75 

Planning for the Future 76 

8. The Impact of Abduction on Children 77 

The Study 77 

One Family's Experience 78 

Additional Reading 83 

Family Abduction Projects Funded by the Office of Juvenile Justice 

and Delinquency Prevention 85 

Missing Children's Organizations 87 

State Missing Children Clearinghouses 89 

Sample Documents to Assist in the Search for a Missing Child 93 

The Laws on Family Abduction 103 

State Laws 103 

Federal Laws 103 

Index 115 

National Center for Missing and Exploited Children inside back cover 

vi 
A Message to the Reader 

Many child kidnappings that take place in the United States are committed by a parent or 

other family memb\:!r. An estimated 354,100 children were abducted by parents or family 

members in the United States in 1988, according to the National Incidence Studies: Missing, 

Abducted, Runaway, and Thrownaway Children in America (NISMARI), a study published by 

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

Justice, in 1990. 

When a child has been taken by a noncustodial parent, the term parental kidnapping is 

appropriate. Because child kidnappings are also frequently committed by other family 

members, however, the term family abduction more accurately describes the action. Both 

terms are used in this handbook. The suggestions are appropriate in any case where a child 

has been unlawfully removed from the care of his or her parent whether by the child's other 

parent or by another family member. Regardless of the intentions ofthe abductor, the child 

suffers the consequences of being uprooted from a home, deprived of the other parent, and 

forced to spend a life on the run. 

This handbook describes actions parents can take and laws that may help them when their 

children are the victims of family abduction, whether domestic or international. It also 

explains how to prevent abductions and outlines the rights of noncustodial parents. 

This handbook is written for parents; law enforcement officers; attorneys; and federal, state, 

and local officials who deal directly with cases of parental kidnapping. It is designed 

primarily as a guide through the criminal and civil justice systems and provides a summary 

of the laws on parental kidnapping. 

Parents should take this book with them as they interact with police, prosecutors, attorneys, 

and family court personnel. The book provides law enforcement and other officials with 

important information about search and recovery techniques and resources available to 

them in their investigation of family abduction cases. 

When a parental kidnapping occurs, there are possible criminal remedies as well as civil 

remedies available to the victim parent. Therefore, the term parental kidnapping has both a 

civil and criminal meaning. The police, prosecutors, and the FBI are part of the criminal 

justice system. The parent's lawyer, private investigator, and the family court are part of the 

vii 
I 

I 

civil justice system. It is important for parents to recognize that, in some cases, both criminal 

and civil remedies can be sought at the same time. 

If your child is the victim of a parental kidnapping and you are experiencing difficulties with 

the civil or criminal justice process, you may call the National Center for Missing and 

Exploited Children (NCMEC) at 1-800-THE-LOST (1-800-843-5678) for information and 

help. You may also encourage your police investigator, prosecutor, or attorney to contact 

NCMEC at (703) 235-3900 for advice and technical. assistance in recovering your child. 

NCMEC employs a select group of former criminal justice and youth service professionals 

who have worked on the federal, state, and local levels across the country and who have 

broad expertise in handling and prosecuting cases of child abduction. The legal technical 

assistance staff has attorneys who have expertise in the legal issues in family abduction. A 

number of publications are also available to help you and the professionals with whom you 

are working. All NCMEC services and publications are provided free of charge. For more 

information on these publications and the full range of services offered by NCMEC, please 

write or call 

viii 

2101 Wilson Boulevard, Suite 550 

Arlington, Virginia 22201-3052 

1-800-THE-LOST 

(1-800-843-5678) 

(703) 235-3900 
Prevention and Action Checklist 

The following checklist summarizes the steps a parent should take to prevent an abduction or recover 

a child who has been abducted. Each step is explained fully in the following chapters. 

Preventing an Abduction 

1. Obtain legal custody of your child. 

2. Specify in the custody order the exact times and locations for visitation. 

3. Ask for special prevention provisions in the custody decree. 

4. Consider counseling or mediation to resolve problems. 

If Your Child Is Abducted 

1. File a missing person report with local police, and request an investigation. 

2. Have your child entered into the Federal Bureau of Investigation's (FBI) National Crime Information 

Center computer's Missing Person File (NCIC-MPF). 

3. If you suspect your child has been taken out of the country, call the U.S. Department of State. 

4. Call the National Center for Missing and Exploited Children's (NCMEC) toll-free Hotline at 

1-800-THE-LOST (1-800-843-5678). 

5. Contact the state missing children clearinghouse and local, nonprofit missing children's organization, 

if available in your state or area, and request assistance. 

6. Obtain a court order for custody of your child if you do not already have legal custody. 

7. Consider asking the police or prosecutor to file criminal chr :ges against the abductor. 

8. If the abductor is charged with a felony, be sure the felony warrant is entered into NCIC, and ask that 

this entry be cross-referenced to the NCIC-MPF entry for your child. 

9. Ask th~ local prosecutor for a federal Unlawful Flight to Av<)id Prosecution (UFAP) warrant if the 

abductor has left the state to avoid felony prosecution. 

10. Search for your child on your own. 

After Your Child Is Located 

1. Immediately file your custody decree with the local, family court in the state where your child is found. 

2. Ask the police to accompany you to pick up your child. 

3. Petition the family court to enforce your custody decree if necessary to obtain police assistance. 

4. Take steps to prevent a repeat abduction. 

5. Consider seeking psychological help for you, your child, and your entire family. 

ix 
Glossary 

Here are some key words that will help you use this book and communicate with your 

lawyer and the law enforcement community. 

abducted child the child who has been wrongfully taken, kept, or concealed by the abductor 

parent. Also called victim child. 

abductor parent the parent who wrongfully takes, keeps, or conceals the child. 

certified order a copy of an order signed and certified as a true copy by the clerk of the court 

with whom the original order was filed. 

child-snatching lawsuits legal actions that the victim parent and child may be able to file 

against the abductor parent and other people who assisted the abductor. 

custodial parent the parent who has been awarded sole or joint custody by a court. 

custody determination a court order awarding rights of custody (including joint custody) 

and visitation. Also called custody order or custody decree. 

ex parte order a court order that is obtained without notice to the other parent. It is always 

temporary and is followed by notice to the other parent of a hearing by the court issuing the 

ex parte order. There may be a time limit on the duration of this type of order. 

extradition the legal procedure by which a person suspected of a crime, or an escaped 

criminal, is returned to the state from which he or she has fled. 

family abduction the taking, keeping, or concealing of a child by a parent, other family 

member, or person acting on behalf of the parent or family member which deprives another 

individual of his or her rights. Also called parental kidnapping, child snatching, or custodial 

interference. 

felony a serious crime, usually punishable by imprisonment for at least one year. A less 

serious crime is a misdemeanor. 

interstate between two states. 

joint custodian a parent who has been awarded joint custody (sometimes called shared 

custody) by a court. 

jurisdiction legal authority of the com:t to make certain orders relating to child custody, 

visitation, or parental kidnapping. 

modify to change. 

xi 
noncustodial parent the parent who has not been awarded custody rights or who has been 

awarded visitation rights by a court. 

parental kidnapping the taking, keeping, or concealing, without permission, of a child by 

a parent or person acting on behalf of the parent. Also called child snatching, child 

abduction, custodial interference, or family kidnapping. 

parole release of a convicted criminal from state prison with less than a full term of 

incarceration but with restrictions and conditions. A parolee is usually required to report to 

a parole officer. 

personal service notification to a party in a lawsuit of a court action by handing the notice 

and other legal documents to the person. Some states allow additional methods of personal 

service. 

pick-up order a court order, usually obtained in the sta te in which the child is located, which 

allows the local law enforcement officials in that state to pick up the child from the abductor. 

probation release of a convicted criminal with no incarceration in jail or with less than a full 

term of incarceration but with restrictions and conditions. A probationer may be required 

to report to a probation officer. 

prosecutor person in the criminal justice system who files criminal charges against and 

prosecutes an abductor parent who has violated the law. Also called district attorney, 

state's attorney, commonwealth attorney, or solicitor. 

search warrant special legal order used by police and prosecutors to locate and take private 

records, evidence, and information from a specific location for a criminal investigation. 

state clearinghouse a state agency that keeps records of missing children and may assist law 

enforcement agencies in trying to recover missing children. 

subpoena special legal order used in civil and criminal proceedings to demand that an 

individual corne to court. It may also demand that private records and information be 

produced for inspection or produced in court. 

substitute service a substitute for personal service. Both parties to a lawsuit must receive 

notice of all court actions. If persons cannot be found or if they deliberately conceal their 

whereabouts, most states allow alternatives to personal service. 

temporary custody legal custody for a limited time. A judge may issue a temporary custody 

order before he or she has had the benefit of hearing the full case from both parents, or after 

a trial, but with the expectation of reviewing the custody decision in the near future. 

victim parent the parent from whom the child has been wrongfully taken, kept, or 

concealed. Also called searching parent. 

xii 
1. Preventing an Abduction 

In a perfect world there would be no need for laws to prevent family abductions. During a 

separation and divorce proceeding, however, parents are unfortunately not always thinkingclearly about the best interests of their child. In this stressful situation problems arise that 

may lead to an abduction creating additional stress for both parents as vvell as for the child. 

Although there are many civil and criminal laws to assist in the recovery of an abducted 

child and resources available for treatment of the psychological consequences associated 

with a family abduction, parents should take all steps possible to legally resolve conflicts 

and avoid an abduction. 

One of the first steps is to formally establish custody of the child and set up a legally 

enforceable visitation schedule for the noncustodial parent. This schedule, and the custody 

itself, can be altered through the court system if the need for revision arises because of 

changing circumstances. In cases where family violence and abuse are alleged, or where the 

possibility of an international abduction to a country from which recovery will be extremely 

difficult is present, courts can impose supervised visitation or utilize other means of 

ensuring the child's safety. Neither parent should feel that he or she has any option other 

than abduction to maintain a relationship with their child or to protect the child. This 

chapter covers some of the many steps parents can take to eliminate the threat of an 

abduction. 

Custody and Visitation 

Hiring a Lawyer Obtaining a custody and visitation order is normally done by an attorney, 

although, in an uncontested case (where parents have agreed on all matters of custody or 

visitation), parents may handle the matter themselves. If there are any unresolved disagreements between parents, however, it is best to consult with an attorney rather than attempt 

to represent yourself. 

Representing yourself can be very difficult. First, some of the laws are not easy to 

understand without legal training. The relationships between the laws of different states 

can also be complicated, even for a practicing attorney. Second, a parent may be too caught 

up in his or her own case to approach the legal problems objectively. Third, many parents 

are uncomfortable dealing With lawyers, judges, police, and prosecutors. Nervousness or 

inexperience in trying to perform as your own lawyer may hurt your case. 

For these reasons, most people should consider consulting with and hiring a lawyer. Your 

lawyer can go to court on your behalf to obtain a child custody order, or modify an existing 

order and can assist you in getting that order enforced and the child returned if the need 

arises. Your lawyer can also help you request the filing of criminal charges against an 

abducting parent and can encourage the police and prosecutor to investigate and prosecute 

if such action is desirable. 

1 
Finding the Right Lawyer You may contact your state or local bar association and ask if 

there is a lawyer referral service. If so, call and very briefly describe your situation. Ask for 

the names of several lawyers in your horne town, or nearby, who regularly handle child 

custody cases. You may also look in the yellow pages of your local telephone directory 

under Lawyer Referral for the number for state or local bar referral services. 

You can obtain the names of family law specialists by checking in the yellow pages of the 

telephone book (in many localities lawyers are listed under areas of specialization) or by 

contacting your state's chapter of the American Academy of Matrimonial Lawyers. You can 

obtain information on the chapter in your state by contacting the national office of the 

American Academy of Matrimonial Lawyers at 150 North Michigan Avenue, Suite 2040, 

Chicago, IL 60601, (312) 263-6477. 

It is important to realize that, except for lawyer referral services maintained by a bar 

association, legal organizations do not make referrals to lawyers. Individual lawyers can 

make referrals to other lawyers. Accordingly, when you call one of these organizations, do 

not ask the organization to help you find a lawyer. Ask them to identify an organization 

member who is a lawyer, and then contact that lawyer and ask him or her for a referral. 

You can also ask for lawyer referrals from people in the court system such as judges, court 

clerks, and support persons. Your local political office holders may have information about 

additional legal resources. Law schools in your area may have clinics that can help out. For 

referrals to foreign attorneys, see "Dealing with Foreign Legal Systems" on page 68. Another 

resource, available through the National Center for Missing and Exploited Children 

(NCMEC) at 1-800-THE-LOST (1-800-843-5678), is a brochure entitled Just in case ... Parental 

guidelines in finding professional help in case your child is missing or the victim of sexual abuse or 

exploitation. See the section in that brochure entitled "What to Look for in an Attorney." A 

missing children's organization may also be able to provide a list of attorneys with 

experience in family abduction cases. 

After you have identified one or more lawyers call for an initial consultation. This is usually 

not expensive, and sometimes it is free. Some lawyers will talk to you on the telephone. 

Others will setup an appointment for you at the office. Whatever the setting, briefly describe 

your situation, including your ability to pay for legal services. 

Find out the hourly rate you will be charged for legal services. If you are satisfied, hire the 

lawyer. If you are not satisfied, intelview another lawyer. 

As a general rule a private attorney will charge you an hourly fee for services. There may 

be court costs and filing fees to pay as well. While the projected legal costs may seem 

staggering, the lawyer may be willing to work out a flexible payment arrangement. 

Free Legal Services If you cannot afford a private lawyer you may qualify for free legal 

services provided by a Legal Aid attorney. Look in the government pages of your area 

telephone directory under Legal Aid or Legal Services Corporation for the number of the closest 

Legal Aid office, and call to make an appointment. If the Legal Aid office nearest you does 

not handle child custJdy cases, ask for a referral to the closest office that does. 

2 
If you fail to qualify for free legal services but also do not have enough money to hire a 

private lawyer, you may be eligible for special reduced-fee programs set up by local bar 

association groups. In addition to reduced-fee programs, many bar associations encourage 

attorneys to commit a part of their time to pro bono cases. An attorney handling a case pro bono 

does not charge for his or her services, although a parent may still be required to pay all 

applicable court costs and filing fees. Call your local, county, or state bar association to find 

out if there are any programs in your area for low-income individuals. Also check with your 

employer or your union to determine if legal services are provided as a fringe benefit of your 

employment. Sometimes local battered women's shelters or fathers' organizations can also 

provide assistance in finding affordable legal counsel. 

Obtaining Custody It is important to obtain a valid custody determination (custody order or 

custody decree) from a court with jurisdiction (power) to make such an order. In the absence 

of a legal custody order, both parents have equal rights to the child. A valid order is 

enforceable in any state in the United States. First, you will have to file legal papers, 

generally called pleadings, in the appropriate court. Your pleadings will ask the judge to 

award you custody. The name of the legal papers you file and the procedures used will vary 

depending on your state. 

There are laws that can help you obtain and enforce your custody order. All fifty states, the 

District of Columbia, and the Virgin Islands have enacted the Uniform Child Custody 

Jurisdiction Act (UCCJA). The UCCJA determines when a state has jurisdiction to make a 

custody order. A court has jurisdiction under four circumstances 

• it is the horne state of the child at the time the action is filed; or was the horne state 

for at least six months immediately preceding the action, and the child is absent only 

because he or she has been removed and retained by a person claiming custody, and 

a parent lives in the state 

• 

it is in the best interest of the child that the court assume jurisdiction because the 

child has a signifkant connection to the state, and there is substantial evidence 

available in the state concerning the child's past, present, and future care 

the child is present in the state and has been abandoned or is in danger of 

mistreatment or abuse 

it appears that no other state has jurisdiction, or another state has declined to 

exercise jurisdiction because this state is a more appropriate place to determine 

custody 

Although the child's physical presence in the state is desirable, it is not necessary and by 

itself is not sufficient for a court to assume jurisdiction except in emergency jurisdiction 

cases. 

Your lawyer should review the UCCJ A to ensure that your state has the jurisdiction to make 

a custody order. For more information on the numerous provisions of the UCCJA, see the 

table entitled "Uniform Child Custody Jurisdiction Laws, Criminal Custodial Interference 

Laws, and Parent Locator Service Telephone Numbers" on page 109. Your lawyer should 

also review the federal Parental Kidnapping Prevention Act (PKP A), relevant parts of 

3 
which are reproduced on pages 105-107. The PKP A establishes rules on interstate enforcement of custody determinations. Even if a state court has jurisdiction under the UCCJA to 

make or modify a custody decree, the decree will not be entitled to full faith and credit 

enforcement by other states unless the original exercise of jurisdiction was also in compliance with the PKP A. Lawyers and judges must consider the PKP A and its impact on 

jurisdictional decisions. 

Initially you may obtain only a temporary custody order. Judges usually make temporary 

custody orders before they have had the benefit of hearing the full case from both parents, 

or before the case is fully investigated to determine the best interest of the child. 

The court retains the right to hear the full case at a later date and then to make long-term 

custody arrangements. No custody decision is ever permanent, however, as custody orders 

are subject to change (modification) when circumstances change. 

Unmarried Parents In some states the mother of a child born out of wedlock has custody 

of the child unless there is a contrary custody order. Even though an unmarried mother 

living in such a state may be able to recover an abducted child without having first obtained 

a custody order, it is still a good idea to go to court and obtain a custody order prior to 

experiencing any problems. This will expand the number of legal remedies available to 

secure the child's return and will lessen the confusion if the child is found in a state where 

officials are unfamiliar with such custody laws. It will also provide a definite plan for the 

child's custody once the child is returned. 

An unmarried mother living in a state without such automatic rights of custody is usually 

in the same position as other parents without custody orders. Her custody rights are no 

greater than the father's custody rights. The fact that the father is not named on the child's 

birth certificate may not provide the mother with adequate legal protection in the event that 

the father takes the child. Laws presuming that a man is the father (paternity presumption 

laws) may apply if he or the family has acted as if he were the father. 

An unmarried father who wishes to obtain custody must first establish legally that he is the 

father of the child. He may do this by filing a paternity action. Being named on the birth 

certificate may help prove that he is the father. Paternity presumptions based on his actions 

toward the child and the actions of the family toward him and the child may also help prove 

that he is the father if his state law recognizes such presumptions. In states where no 

presumptions are utilized, he may need to use blood or DNA (Deoxyribonucleic acid) 

testing to prove that he is the father. Once paternity is established the father can ask the court 

to award him custody just as a father in any divorce proceeding may do. Unmarried parents 

should consult with a lawyer when seeking a custody order. 

Custody of Native American Children Native American tribes in the United States are 

guaranteed, by treaties and federal law, the right to live as their culture dictates. Generally 

speaking, tribes on reservations have the right to govern themselves. Custody of Native 

American children living on the reservation will usually be decided by applying tribal law . 

Although many tribes may live on one reservation, each reservation usually has one set of 

laws. The laws of different reservations vary. Even if both parents of a child are members 

of the same tribe, their individual reservation's laws may vary. 

4 
If a Native American child living on a reservation is subject to a custody dispute between 

two parents who are members of different tribes, the tribe with jurisdiction may be the tribe 

in which the child is enrolled (if the child has been enrolled). Frequently, the case may be 

decided by the governing body on the reservation where the child lives. 

Children with one Native American and one non-N ative American parent may be considered by the tribe and the law to be Native American children. Custody of these children may 

be governed by the tribe or reservation of the Native American parent. This is especially true 

of children living on a reservation. 

Laws involving Native American children and custody are complex. Abductions to 

reservations are more problematic to resolve than abductions from reservations. If a 

resolution of the custody dispute cannot be negotiated, you should consult experts familiar 

with custody proceedings and with the laws of the tribe with which you are dealing. 

For information about a particular tribe's custody laws, contact the tribes involved. The 

Bureau ofIndian Affairs, Tribal Relations Branch, U.S. Department of the Interior, Mail Stop 

2611-MIB, 1849 C Street, NW, Washington, DC 20240, (202) 208-7445 can tell you how to 

contact the tribes. In addition, general information can be obtained from the Association of 

American Indian Affairs, 245 Fifth Avenue, New York, NY 10016, (212) 689-8720; the 

National Congress of American Indians, 900 Pennsylvania Avenue, SE, Washington, DC 

20003, (202) 546-9404; and the Bureau of Indian Affairs, U.S. Department of the Interior, 

Division of Social Services, Mail Stop 310-SIB, 1849 C Street, NW, Washington, DC 20240, 

(202) 208-2536. Do not overlook your state government as a possible source of information 

about Native American affairs within your state. 

Custody Mediation If parents are unable to agree on custody and visitation issues, they 

should consider custody mediation as a way of working out an agreement for custody, 

visitation, or joint custody. This involves meeting with the other parent and a trained 

mediator to reach an agreement on all issues relating to the custody of the child. The 

resulting agreement is then adopted by the court as the legal custody order. The main 

advantage to a mediated custody agreement is that both parents are usually willing to abide 

by the terms they have worked out. The same cannot be said for a plan dictated by a judge 

after a hotly contested trial. 

Counseling Some abductors may take the child when they feel, rightly or wrongly, that 

their parental relationship with the child is threatened. Many parental abductions occur 

when a noncustodial parent discovers that the custodial parent is entering into a relationship with a new partner and may fear being replaced. Consider counseling 1:0 help ease you 

over such rough spots as the initial separation, the filing of legal paperwork, the final 

decrees, and the beginning of any new relationship that may threaten the other parent. 

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. This program can be reached at 1-800-A-WAY-OUT. 

5 
Prevention Provisions in the Custody Decree 

Whether you mediate, hire a lawyer to negotiate a custody agreement, or go to trial on the 

custody issue, you can request specific provisions in the custody order to protect against 

child kidnapping. These will then be made part of the original custody order. If these 

provisions were not included originally in a custody order but changing circumstances now 

make them desirable, you will have to go back to court to modify the original order. 

If your child has been the victim of a family abduction these provisions may be important 

in preventing a second abduction. Although you undoubtedly want to stop or limit the 

abductor's visitation rights after an abduction, the child may want to continue to see the 

abductor and even a criminal prosecution and conviction for parental kidnapping does not 

automatically end the abducting parent' s right to visitation. Counseling may help you and/ 

or your child arrive at an acceptable compromise. If your custody order needs to be changed, 

you will have to file a petition to modify the custody order to restrict visitation or to add 

other prevention provisions. The rules of the UCCJA and PKP A determine which state can 

modify the original custody decree. The appropriate court for filing the petition is usually 

the one that issued the original custody decree. 

Too many restrictions may work against you, however. If visitation is too infrequent, 

structured, or impersonal the parent may feel that the only way to have a satisfying 

relationship with the child is to abduct the child. Be careful to consider your child's needs 

and feelings too. Even if the child was once the victim of a parental kidnapping, the child 

may have a close, caring relationship with the abductor despite all the emotional pain and 

distress the abduction has caused you. 

Clause Stating the Penalties for Abduction Include a clause in the custody decree advising 

each parent of the penalties for child abduction. Print it in boldface type on the first page of 

the order and ask the judge to advise the parties while they are both in court of the penalties 

for failure to comply with the order. 

For information on preventing an international child abduction, see "Preventing an International Child Abduction" on page 59. 

Specify Visitation It is often difficult to determine when the limits of "reasonable" 

visitation have been exceeded. Thus a parent may become frustrated when a planned threeweek visit becomes a three-month visit with no end in sight and still the authorities do not 

act. It is wise to specify the beginning and ending dates and times for visitation in the original 

court order. It is a good idea also to specify in the court order with whom the child will spend 

the child's and the parent's birthdays and major holidays, since this is a common source of 

friction. If your court order permits" reasonable visitation" and you 'Nant this changed, you 

will have to file a petition to modify the custody determination to restrict visitation. The 

appropriate court for filing the petition is usually the one that issued the original custody 

decree. The rules of the UCCJA and PKP A dictate which state has modification jurisdiction. 

6 
Restrictthe Removal of the Child The likelihood of an interstate or international abduction 

is greatest when the noncustodial parent has no strong ties to the child's home state, has 

friends or family out of state or abroad, or can earn a living almost anywhere. Under these 

circumstances, the custodial parent will benefit by limiting the right of the noncustodial 

parent to remove the child from the state or country. (In some cases the restriction may be 

more stringent. For instance, the noncustodial parent might be prohibited from taking the 

child beyond the town limits.) 

The custodial parent may seek provisions prohibiting the noncustodial parent from 

removing the child from the state without prior consent from the judge or written consent 

from the custodial parent. In addition, the custody order can direct the noncustodial parent 

to surrender his or her passport to a neutral party before visiting the child. The neutral party 

can be a judge, a Clerk of the Court, a custody mediator, a member of the clergy, a police 

officer, or a lawyer, among others. Since replacement passports are relatively easy to obtain, 

additional assurances to prevent departure from the United States are recommended. For 

more information on restricting issuance of passports, see "Prevent the Issuance of a U.s. 

Passport" on page 61. 

Post a Bond Where there is a history of custodial interference or a likelihood of future 

custodial interference, it may be wise to ask the court to order the potential abductor to post 

a bond (buy a special insurance policy) to ensure that the child is returned at the end of the 

visitation period. The parent requesting the bond will usually have to provide convincing 

evidence of the likelihood of an abduction. For examples of such evidence, see "Pick-Up 

Order" on page 55. (Sometimes a custodial parent will also be required to post a bond to 

ensure that the visitation rights of the noncustodial parent are not infringed.) In the event 

that an abduction (or visitation interference) occurs, the insurance money (bond forfeiture) 

may be used to fund the search for the abducting parent and the recovery of the child. 

Bonds, however, may not be sold in all jurisdictions. Before asking the court to order that 

the potential abductor post a bond, check to ensure that the money will be available to you 

in the event that he or she does abduct the child. In some states, the money must be paid to 

the county and would not be available to help you. A bail bondsman, your lawyer, state 

missing children clearinghouse (if available), or missing children's organization may be 

able to help you find out what is available in your area. The bond should be large enough 

to discourage an abduction. If a cash bond is not appropriate (where the abductor has little 

or no money), consider having title to a car or other property placed in escrow. 

If the abductor is ordered to post a bond in connection with a civil proceeding, it will remain 

in effect for as long as the civil judge orders. If an abductor is ordered to post a bond in 

connection with a criminal proceeding, such a bond remains in effect for no longer than the 

period of criminal punishment. See also "Conviction and Punishment" on page 31. 

Moving Out of State A parent may want to request that the original custody order include 

a provision requiring the custodial parent to obtain the court's permission before moving 

out of state with the child. If the custodial parent plans to move, it is wise for both parents 

to discuss openly what effect this will have on visitation. The custody order should be 

modified specifically to include permission for the move and to require that parents keep 

each other informed of new addresses and telephone numbers. 

7 
Depending on the distances involved, it may be practical to have fewer but longer visitation 

periods. For instance, it may be better for the child to spend summers and major holidays 

with the noncustodial parent and the school year with the custodial parent. It also is a good 

idea to consider dividing the increased costs of visiting between the parents instead of 

leaving the full burden on one parent. Visitation changes due to a move should be 

specifically addressed in the custody order prior to either parent actually leaving the state. 

Joint Custody Orders Joint custody is a valuable option for some families that have 

separated or divorced. When joint custody works properly, both parents actively participate in the day-to-day upbringing of their children. The child can feel secure in the love and 

involvement of both parents, and the parents can feel satisfaction by maintaining close 

contact with the child. 

Nonetheless, joint custody does not work in all situations. If possible, these orders should 

be avoided if there is friction between the parents, if one parent opposes it, or if the parents 

live in different states. Even parents who part on friendly terms should make sure that their 

joint custody decree specifies with whom the child is to reside at specified times. The joint custody 

decree should also contain provisions regarding restrictions on removal of the child. 

Police Assistance Many law enforcement officers are unclear about their role in preventing 

and resolving parental kidnapping cases. A provision in the custody order requesting police 

officers to take specific actions may produce faster, more effective assistance to you. One 

useful provision would direct the police to 1/ accompany and assist" the victim parent in 

recovering the child. 

If An Abduction is Threatened 

Ask the Police or Prosecutor to Intervene If an abduction is threatened, ask the police or the 

local prosecutor to contact the would-be abductor. They should advise him or her that 

taking a child is a crime and that the offender could be imprisoned or fined, or both. Do not 

ignore threats of abduction made by the other parent, especially if the abductor has recently 

quit a job, sold a home, terminated a lease, closed a bank account, or taken any other action 

to prepare for flight. Such threats may indicate a growing frustration that may motivate him 

or her to disappear with the child. 

Teach Your Child to Use the Telephone Teach your child his or her full name and how to 

use the telephone to call horne. Make sure your child knows your telephone number and area 

code. Practice calling the operator and making collect calls, and tell your child that you will 

always accept a collect call. Your child should be instructed to call home immediately if 

anything unusual happens or if anyone tells the child that you are dead or do not love the 

child anymore. Make sure that your children understand that you will always love them and 

want to share your life with them. 

Notify Schools, Daycare Centers, and Babysitters of Custody Orders Certified copies of 

your custody decree should be placed in your child's school files and given to teachers, 

daycare personnel, and babysitters. Tell these individuals about your custody arrangements and any threats made by the noncustodial parent to snatch the child. Ask to be alerted 

immediately if the noncustodial parent makes any unscheduled visits to the school, daycare 

center, or babysitter, and request that they not allow the child to leave the grounds with the 

noncustodial parent without your permission. 

8 
The best protection is to include in your custody order a provision prohibiting school 

authorities, daycare centers, and babysitters from releasing the child to the noncustodial 

parent without prior consent. Even without such a provision, though, these people should 

only release the child to the parent entitled to custody. It is important to keep school 

authorities, daycare personnel, and babysitters aware of any changes in your custody or 

visitation arrangements. The custodial parent must also realize that if the noncustodial 

parent has a tendency towards violence, school and daycare officials as well as babysitters 

may have no alternative but to turn the child over to the parent to prevent injury to other 

children in the school or daycare facility. In the event of an abduction ask these officials to 

immediately notify police of the abduction, the car the abductor was driving, any other 

persons with the abductor, and which direction he or she was headed when he or she left 

the school or daycare. A copy of the custody order should be made available immediately 

to police responding to the call. 

If the child normally walks to school, waits without the custodial parent at the bus stop, or 

rides a bus or van after school to a daycare or babysitter, the custodial parent needs to be sure 

school officials, da ycare personnel, and the babysitter are notified each day the child will not 

be present. The custodial parent should request that he or she be immediately notified if the 

child fails to arrive at any of these places as normally scheduled. A few states require school 

officials to verify student absences, but the custodial parent needs to be sure his or her 

situation and the possible abduction of the child are known to all persons who normally care 

for the child. Time is critical in an abduction. If a child is abducted prior to arriving at school, 

daycare, or the babysitter it is extremely important that the custodial parent be notified so 

a search can begin immediately for the child and the abducting parent. 

Keep Lists of Information The custodial parent should keep a current list of the addresses, 

telephone nu~bers, and birthdays of all the relatives and friends of the noncustodial parent. 

It is also useful to make note of the other parent's Social Security Number (SSN) and license 

plate number and other information described in Chapter "4. Searching for Your Child" 

which begins on page 33 that will help you locate the parent if an abduction occurs. Internal 

Revenue Service rules require all children, older than one year of age, to have an SSN, if they 

are claimed as an exemption on their parents' tax return. Both parents should know the 

child's SSN, current height and weight, and keep current photographs or videotapes of the 

child. 

File the Custody Decree in the Noncustodial Parent's Horne County File a certified copy 

of the custody decree with the Clerk of the Court in the county where the noncustodial 

parent lives. This is especially important if the child will be traveling between states for 

visits. Filing the decree notifies the courts that a valid custody decree has already been made 

and must be honored and enforced. It also restricts the right of the court in the second state 

to modify the custody decree. 

You may also consider filing a certified copy of the decree in counties in which the abduct01 

parent has close friends or relatives. It may be necessary to provide the Clerk of the Court 

with that state's UCCJA section number authorizing this procedure. See "Enforcing Your 

Custody Decree" on page 54 for more information on this process. 

9 

--------------_.--------
Treat Child Support and Visitation as Separate Issues One of the greatest sources of 

tension after a divorce is child support. If a noncustodial parent is late in paying support or 

does not pay at all, the custodial parent may try to " get even" by refusing to allow visits, and 

the noncustodial parent may then become frustrated and angry enough to snatch the child. 

Or, conversely, the cycle may begin when the custodial parent interferes with visitation and 

the noncustodial parent retaliates by refusing to pay support. 

As difficult as it may be, these two issues, child support and visitation, must be treated as 

separate. In most areas the refusal to pay child support is not a legal ground for denying 

visitation. Also the denial of visitation is not a legal ground for failing to pay child support. 

The custodial parent should allow visits and at the same time go to court to collect the child 

support. The noncustodial parent should pay support and at the same time go to court to 

enforce visitation rights. 

While it is not our intention to discourage you from enforcing your right to collect your child 

support, it has been noted that some parents may abduct a child as revenge because the 

custodial parent sued for overdue child support. It may be advisable to take extra precautions while you are collecting your overdue support. 

Family Violence and Child Abuse 

A parent subjected to repeated abuse by the other parent, or a parent whose child discloses 

that the other parent is physically or sexually abusing the child, may be pushed to the point 

of taking the children and fleeing to safety. Such parents are strongly advised to consult an 

attorney before leaving the state in order to o~tain legal custody and other emergency 

protective orders. The lawyer can immediately seek temporary custody, without notice to 

the defendant, as well as restraining orders. This can prevent the parent who is victimized, 

or whose child is victimized, from later being accused of or being prosecuted for custodial 

interference. It will also allow the custodial parent to request the judge to include very 

specific visitation schedules and other protective provisions in the order, including pick-up 

and drop-off points or supervised and limited visitation. 

If it is too dangerous for the battered spouse or the child to remain in the state, the parent 

should immediately consult an attorney upon arriving in the new state. Depending upon 

the circumstances, the parent may be able to obtain a temporary custody order in the new 

state. A court action for permanent custody can then be filed promptly in the original state. 

When filing the petition for custody, the lawyer can request the judge to order that all 

records containing the parent's new address be kept confidential. 

A good resource for further information on family violence is the National Center on 

Women and Family Law, 799 Broadway, Suite 402, New York, NY 10003, (212)674-8200. 

Rights of the Noncustodial Parent 

There is no reason for noncustodial parents to resort to abduction as a means of carrying on 

a relationship with their children. The legal system is available to noncustodial parents as 

well as custodial parents to protect and to enforce their rights. Noncustodial parents have 

legal rights and remedies when their relationship with their child is threatened by actions 

of the custodial parent. 

10 
Visitation Rights Visitation rights are enforceable under both the UCCJA and the PKP A. 

1£ the custodial parent refuses to allow the noncustodial parent to visit the child, the 

noncustodial parent can petition the court for enforcement of the decree. 

The criminal custodial interference laws of many states also protect the noncustodial parent 

against interference with his or her visitation rights. For a list of states with laws protecting 

a noncustodial parent's access to their children contact NCMEC at 1-800-THE-LOST 

(1-800-843-5678) to request a copy of Selected State Legislation: A Guide for Effective State Laws 

to Protect Children. 

Visitation rights are enforceable internationally as well. The Hague Convention on the Civil 

Aspects of International Child Abduction includes provisions for the exercise of visitation 

rights across international borders. For a full description of the Hague Convention see page 

66. 

Where there is a history of interference with visitation rights by the custodial parent, a 

noncustodial parent can consider requesting the court to order the custodial parent to post 

a bond to ensure that the visits occur. See "Post a Bond" on page 7. Be aware, however, that 

the custodial parent may respond by making a similar request. 

Infonnation On The Child and Custodial Parent's Residence The noncustodial parent can 

request the court to include a provision in the custody order requiring that both parents keep 

each other informed of the current address and telephone number at which the child can be 

reached. The noncustodial parent can also request a provision in the custody order 

requiring the custodial parent to notify the noncustodial parent at least a month before any 

proposed move out of state or out of the country or to obtain permission from a judge before 

moving out of state or out of the country. 

1£ the court order prohibits the custodial parent from leaving the country without the court's 

consent, the noncustodial parent can write to the Office of Passport Services at the U.S. 

Department of State to request that the passport application for the child made by the 

custodial parent be denied. See "Prevent the Issuance of a U.S. Passport" on page 61. 

11 
2. Civil Remedies If Your Child 

Is Abducted 

Where to Begin 

Locating your child is the single most important task facing you as a parent. There can be 

no peace of mind until your child's whereabouts is known. Searching parents should be 

aware of every resource and lawful technique at their disposal to find the missing child. 

Many civil and criminal laws have been passed to help parents locate and legally recover 

their abducted children and bring the abductor parent to justice. Descriptions of many of 

these resources are included in this book. Parents should pursue all remedies simultaneously including civil remedies through the family courts and criminal remedies through 

police and prosecutors. In addition parents should attempt to locate and obtain the return 

of the child on their own. 

Since you have more at stake than anyone else, it is essential that you participate actively in 

the search for your child. As you conduct your search, try to remain as calm as possible. This 

will help you think more clearly and organize your investigation. Use the location tips found 

in this book, and use your imagination to develop other leads. 

Start a notebook. Keep records, with dates, of everything you do and every person or agency 

that you contact in the course of your search. Make a note of their addresses and telephone 

numbers so that you can contact them again, if necessary. Keep a copy of all letters that you 

send and receive. Note whatever actions are being taken on your behalf. Check back with 

your sources. When your child is located, notify every person, agency, and organization that 

helped you. This will allow them to focus their energies on other cases. Thank them for their 

help. It may also help to keep a scrapbook of articles on other cases of parental kidnapping 

as a source of ideas to aid in your search. See page 94 for a "Key Contacts in Parental 

Kidnapping Cases" worksheet to help you organize your search. 

What to Do 

The following list summarizes what to do if your child is the victim of parental kidnapping. 

Each step is described in greater detailin the text. Itis important to read the full text before 

you act. Some legal or investigative steps may not flow as smoothly as a parent expects. Be 

patient and persistent. 

• Once you are sure that your child has been abducted, call or go to your local police 

department and file a missing person's report. Ask the police to enter descriptive 

information about your child into the National Crime Information Center computer' s 

Missing Person File (NCIC-MPF). Bring a copy of the National Child Search 

Assistance Act (reprinted at page 104) and the Missing Children Act (reprinted at 

page 103) in case the local and state authorities are unable or unwilling to list the 

child in the NCIC. If the police do not make this entry, contact your state missing 

children clearinghouse (if available) for assistance in having your child listed in 

NCIC. See page 89 for a list of these clearinghouses. You can also contact the local 

13 
o 

• 

• 

• 

14 

office of the FBI and request that they enter your child into the NCIC under the 

Missing Children Act. Ask the law enforcement authorities to cross-reference any 

computer entries pertaining to criminal arrest warrants issued for the abductor with 

the entries about the missing child. See "Enter the Felony Warrant into the NCIC 

Computer" on page 28. 

Report your child missing to the toll-free Hotline of the National Center for Missing 

and Exploited Children (NCMEC) at 1-800-THE-LOST (1-800-843-5678). 

Contact a nonprofit organization (NPO) handling cases of parental kidnapping or 

missing children to help you through the process of finding your child. See page 87 

for information on how to contact these organizations. 

Obtain legal custody of your child if you have not already done so. It is crucial to 

obtain a court order for custody, called a custody determination, custody decree, or 

custody order. A temporary custody order (legal custody for a limited time) will usually 

be enough, at least until the child is located. A court can issue a custody order even 

if your child has already been abducted and even if you were never legally married 

to the abductor. Consider hiring a lawyer to heIr] you obtain a custody decree. If you 

already have a custody decree, you can get additional copies from the Court that 

issued the decree. You may need to obtain a few copies that have been certified or 

notarized. See "Obtaining Custody" on page 3. 

Consider asking the police or prosecutor to file criminal charges against the 

abductor if you intend to press charges after your child has been returned. Meet 

personally with the local prosecutor to discuss prosecution. Under the laws in effect 

in most states, criminal charges cannot be brought unless the abductor parent has 

violated a custody order that was in existence at the time the child was taken and 

there is proof that the abductor parent was aware of the custody order he or she is 

accused of violating. Check the criminal law in effect in your state to see what your 

state requires. Also check the criminal law in effect in the state in which the child is 

located. Note that your custody order cannot be enforced in the civil courts 

regardless of whether criminal charges have been brought against the abductor, as 

is further discussed in "Enforcing Your Custody Decree" on page 54. 

If the prosecutor charges the abductor with a felony crime, make sure that the state 

felony warrant is entered promptly into the NCIC computer. If there is evidence that 

the abductor has fled the state to avoid felony prosecution, also ask the prosecutor 

to apply to the local U.S. Attorney for a federal Unlawful Flight to A void Prosecution 

(UF AP) warrant. If a federal warrant is issued, the FBI can then assist in the search 

for the abductor as discussed in "Will the FBI Search for My Child?" on page 27. 

Search for your child on your own at the same time that you are working with the 

police department. For details on recommended search methods see Chapter I{ 4. 

Searching for Your Child" wh.i.ch begins on page 33. 

---~------
1. 

~. 

• When you find your child, immediately send a certified copy of your custody decree 

for filing to the Clerk of the Court in the place where your child is located. Then 

request the local police to help you recover your child. See "Police Assistance" on 

page 53. 

• If the police will not help you without a local court order, petition the court where 

the child is located to enforce your custody decree. A lawyer can help you do this. 

See "Enforcing Your Custody Decree" on page 54. 

e Consider going back to family court after your child is returned to limit the 

abductor's visitation rights. Also, ask the judge to add provisions to your custody 

decree to prevent a repeat abduction. See "Prevention Provisions in the Custody 

Decree" on page 6. 

• Consider seeking psychological help as you or your child may have a difficult time 

adjusting after the abduction. See Chapter "7. Psychological Issues in Recovery and 

Family Reunification" which begins on page 71. 

• If your child has been taken abroad, see Chapter" 6. International Child Abduction" 

which begins on page 59. 

Working Through the Family Court 

If you do not have a custody order, you should immediately obtain one. Although parents 

can obtain a custody order and pursue other civil remedies without a lawyer, His a good idea 

to have a lawyer, who is familiar with parental kidnapping laws, assist you. 

Ask the lawyer whether he or she has handled cases similar to your case and what the results 

were. Askif the lawyer is familiar with the criminal custodial interference laws in your state 

and in the state where you suspect your child may be, the Uniform Child Custody 

Jurisdiction Act (UCCJA), the Parental Kidnapping Prevention Act (PKPA), and childsnatching lawsuits. If the lawyer has extensive family law experience but little experience 

with family abduction cases, ask if he or she is interested in your case and is willing to do 

whatever legal research may be necessary. If you are concerned about the cost of legal 

assistance, you can ask the judge to order the abductor to pay all your legal expenses at the 

end of the proceeding. While an award of attorney's fees and related expenses is not 

mandatory, judges have discretion under the DCCJ A to make such awards. See "Free Legal 

Services" on page 2 for information on low cost or free legal assistance. 

Obtaining Custody After Your Child is Abducted 

Your lawyer should assist you in. obtaining a valid custody decree. If you do not already 

have one, see "Obtaining Custody" on page 3. A valid custody decree can then be legally 

enforced in whatever state the child is located, and the child can be returned to the lawful 

custodian. 

15 
Even a temporary custody order will give you enough authority to initiate an effective 

search for your child. Judges usually make temporary custody orders before they have had 

the benefit of hearing the full case from both parents. They are commonly made in the early 

stages of the proceedings in parental kidnapping cases when the court is unable to hear from 

both parents because one parent has abducted the child and is in hiding with the child. 

Notice to the Abductor Under the U.S. Constitution, all parties to a lawsuit, including a 

custody action, must have a chance to present their side of the case. Because of this, even 

child abductors are entitled to notice (service of civil process) of court actions and hearings. 

The best way to accomplish this is to deliver the notice in person. 

Service of Civil Process In some states local law enforcement agencies may serve civil 

process, the legal paperwork that tells a person that he or she is a party to a lawsuit (such as 

a court action to obtain or enforce a custody order). The agency notifies the abducting parent 

that a custody action has been filed by delivering a copy of the legal documents to that 

parent. Frequently the sheriff's office or the county police department serves civil process. 

Usually you have to inform these agencies where to find the person they will serve. The 

agency serving civil process will be one serving the area where the abductor is located, not 

a law enforcement agency in your own area. 

Once the abductor parent has been located and you are ready to start an action to enforce 

your custody order, you must work closely with the law enforcement agency that serves the 

civil process in order to prevent the abductor parent from fleeing again with your child. Try 

to obtain a civil pick-up order from family court to allow law enforcement to pick up your 

child at the same time the civil process is served. See "Pick-Up Order" on page 55. 

In the event that the local law enforcement agency in the area in which the abductor is living 

does not, or cannot, serve the abductor with the civil process, it is possible to obtain the 

services of a private process server. Your lawyer can advise you whether to use the local law 

enforcement agency or a private process server in the state in which the abductor is living. 

After the Abductor Has Left the State The UCCJA has special notice provisions that may 

be particularly helpful when a child is abducted before a decree has been made and the 

abductor's location is unknown. The ways in which notice of custody actions are provided to 

the abductor vary from state to state but may include 

sending copies of the custody petition to the abductor's closest relatives, friends, 

employer, and lawyer 

• publishing information in a newspaper's classified advertising section 

Since the preferred method is delivering the notice in person, it is advisable (and in many 

states required) to ask the court to specify the actual method of notice to be used if you cannot 

locate the abductor to serve hin1 or her personally. 

Occasionally a lawyer unfamiliar with the UCCJA will tell a parent that there is no way to 

obtain a custody determination after the abductor and child have disappeared. A parent 

who hears this advice should ask the lawyer to reread the Jurisdiction and Notice provisions 

of the UCCJA and review the general legal concept of substitute service. You may want to 

consult an attorney with more UCCJA or parental kidnapping case experience, however. 

16 
Note: Copies of the UCCJA containing the Comments of the Commissioners on Uniform 

State Laws may be obtained from the National Conference of Commissioners on Uniform 

State Laws, 676 North St. Claire Street, Suite 1700, Chicago, IL 60611, (312) 915-0195. The 

state code references to the UCCJA in each state are found in the table entitled "Uniform 

Child Custody Jurisdiction Laws, Criminal Custodial Interference Laws, and Parent Locator Service Telephone Numbers" on page 109. 

It is important that you and your lawyer make a clear distinction between the criminal and 

civil violations of the abductor. In states in which "knowing violation of a court order" is part 

of the crime of custodial interference, there must be proof that the abductor actually knew of 

the court order he or she is accused of violating. 1£ custody had not been determined prior 

to the abductor fleeing with the child, it may not be possible to charge the abductor with a 

crime. It may, however, still be possible to utilize law enforcement to locate and obtain the 

return of the child. 

When and Where to Petition for Custody As a general rule, in order to get a custody 

determination, you must file a custody petition in the "home state" within six mcnths of the 

child's removal. In general the home state is the state where the child lived for at least six 

months just before the custody action. When a child is abducted before there is a custody 

order, the UCCJA extends the period of filing for custody for an additional six months, 

giving the victim parent up to a year to file for custodyin the home state. (You or your lawyer 

can find this information in the Comment to Section 3 of the UCCJA). During this time the 

abductor cannot establish a new legal home state for the child, and any custody order 

obtained in the home state is enforceable wherever the child is found. The best advice to a 

victim parent who does not already have legal custody is to petition for custody in the child's 

home state immediately. Do not delay! 

What If My Spouse Is in the Military? The Soldier's and Sailor's Civil Relief Act of 1940, 

beginning at Section 501 of Title 50 Appendix of the U.S. Code, provides some protection 

against lawsuits for active duty military personnel whose duty assignments seriously 

hinder their ability to represent their interests in lawsuits. The protection afforded active 

duty military personnel is not necessarily enough to prevent the court from acting, however. 

The judge will decide whether to postpone the lawsuit based on the circumstances and. facts 

of the particular case. Your attorney will have to take some extra procedural steps in order 

to obtain and enforce your custody order if the abductor is on active duty. This is more 

complex when the parent in the military is stationed overseas. See "Military Worldwide 

Locator Services" on page 40 and "Special Enforcement Problems If the Abductor Is in the 

Military and Stationed Overseas" on page 57. 

A good resource for military families who need help in obtaining compliance with court 

orders is the Department of Defense Office of Family Policy, Support and Services. While 

this office cannot help you obtain a court order, it develops and implements policies 

pertaining to members of the armed services and their families. In addition, the Office of 

Family Policy, Support and Services assists in individual cases that cannot be resolved 

within the service member's chain of command. The Office of Family Policy, Support and 

Services may be contacted at 4015 Wilson Boulevard, Room 903, Arlington, VA 22203-5190, 

(703) 696-4555, or toll-free at 1-800-336-4592. NCMEC, in cooperation with the Office of 

Family Policy, Support and Services, has prepared a brochure entitled! ust in case ... Guidelines 

for militan; famil ies in case your child is the victim of parental kidnapping which is available from 

the installation Family Advocacy Program. 

17 
Na.tive American Children Custody of Native American children living on reservations is 

governed by tribal law. The abduction of Native American children to and from reservations raises many legal complications. Some cases have interpreted the UCCJA as applicable 

to resolve jurisdictional disputes between state and tribal courts while others have held it 

does not apply. There is also the question of whether the PKP A applies in these cases. 

State criminal custodial interference statutes and missing children laws may apply to cases 

involving Native American children abducted to or from a reservation if any prohibited act 

occurs outside the boundaries of the reservation. In addition, these criminal statutes may 

apply if the reservation has accepted the state criminal laws. 

Child-Snatching Lawsuits Child-snatching lawsuits (tort suits) allow victim parents and 

children to sue the abductor and anyone who assisted the abductor for the suffering caused 

by the abduction. The persons bringing the suit may seek money damages. The request for 

substantial money damages sometimes prompts the abductor or person assisting the 

abductor (such as grandparents, brothers or sisters, or new boy friends or girl friends) to 

reveal the child's location in return for an agreement to drop or settle the lawsuit against 

them. 

Child-snatching lawsuits include claims for unlawful imprisonment, custodial interference, enticement, infliction of emotional distress, outrageous conduct, and civil conspiracy. 

A few states have laws that expressly allow suits of this kind under specified circumstances. 

Child-snatching lawsuits have been successfully brought in both state and federal courts. 

Some state courts have rejected new causes of action in child-snatching cases and have left 

victims to seek relief in another way. 

Although these suits are sometimes used to recover the cost of searching for a child and 

counseling for the child and family after a recovery, those costs can also be obtained through 

other legal means. Both the UCCJA and PKP A include provisions for costs and in many 

states victim assistance laws allow the court to order the abductor (or those who assisted him 

or her) to repay the searching parent for some or all costs incurred in the location, recovery, 

and post recovery treatment. 

Caveat: Child-snatching lawsuits are not advisable in every case. No matter how strong the 

case, it may not be worthwhile to sue someone who is unable to pay the judgment you may 

win. Not only would you recover little or no money, but there would be little incentive for 

the persons being sued to tell you the location of the child and the abductor. Also, do not 

invent a groundless lawsuit just to discover the child's whereabouts. If J I.m do, you could 

be the target of a counter-suit for" abuse of process," and you could be forced to pay money 

damages to those you originally sued. 

18 

l 
Abduction by the Custodial Parent 

Although in many cases the child is abducted by the noncustodial parent, it is not unusual 

for the custodial parent to go into hiding with the child. In this situation the noncustodial 

parent has many of the same rights and remedies as the custodial parent. Information on 

using the civil and criminal justice systems and on searching on your own is applicable in 

either situation. 

If the custodial parent has disappeared with the child, the noncustodial parent may initiate 

a missing person's investigation by the local police by filing a missing person's report. See 

"Missing Person's Report for an Abducted Child" on page 95. Prior to 1990, only some states 

permitted the noncustodial parent to initiate a search. The National Child Search Assistance 

Act (42 USC §§ 5779 and 5780), however, requires law enforcement to immediately enter 

into NCIC each case of a missing child that is reported to the law enforcement agency. The 

Act does not include any restriction on who may make the report, forbids law enforcement 

from establishing any waiting period before accepting the report and entering the information into NCIC, and mandates that law enforcement "maintain close liaison with the 

National Center for Missing and Exploited Children for the exchange of information and 

technical assistance in ... missing children cases." See text of the National Child Search 

Assistance Act on page 104. NCIC is a computer network maintained by the FBI. All cases 

of missing children should immediately be entered into the Missing Person File (MPF) of 

NCIC. 

When your child's name is entered into the NCIC-MPF, obtain the police report number 

from the law enforcement agency or request that the agency send it to the missing children's 

organization with which you are working. If the local police will not enter your child into 

the NCIC-MPF, obtain assistance from your state missing children clearinghouse (if 

available) or NCMEC to ensure that this entry is made. 

If your state law permits, clearinghouses may also provide their services to noncustodial 

parents seeking to enforce their visitation rights. See page 89 for a list of state missing 

children clearinghouses. Some missing children organizations and several advocacy groups 

will also assist noncustodial parents in maintaining a relationship with their child. 

The Federal Parent Locator Service (FPLS) is available to help noncustodial parents as well 

as custodial parents. See "Parent Locator Services" on page 41. Unless restricted by court 

order, noncustodial parents have the same rights as custodial parents under the Family 

Educational Rights and Privacy Act (FERP A), 20 USC § 1232g. See II School Records" on page 

45. 

All books and brochures published by NCMEC are available to noncustodial parents, many 

of which will be of assistance. Many of the informational resources listed in "Additional 

Reading" on page 83 are available to the noncustodial parent in the event that the custodial 

parent has disappeared with the child. The noncustodial parent, however, must be prepared 

to be a very active participant in the search for the child. It may be necessary, in some 

instances, to obtain court orders for the disclosure of the information. 

19 
There may be grounds for the original court to modify its custody decree to award the 

noncustodial parent custody, even after the child has been abducted. This is far from 

automatic, however. It is difficult to modify custody and typically requires evidence of a 

major and significant change in circumstances that makes it in the child's best interest to 

change custody. State law requirements vary. Abduction of the child may not, alone, be 

enough justification to change custody. If the evidence warrants a change of custody, in 

most states, even an award of temporary custody by the court will allow you to use all the 

resources listed in this publication to find your child, including those offered by NCMEC. 

See also "Notice to the Abductor" on page 16. 

The noncustodial parent may be able to sue and collect money damages from the custodial 

parent for violating visitation rights. There are cases that support this. Lawsuits for 

interference with visitation rights may discourage obstruction of visitation as well as 

compensate the noncustodial parent for the costs incurred in enforcing the visitation rishts. 

See" Child-Snatching Lawsuits" on page 18. 

Noncustodial parents may find that they face far more difficulties than custodial parents in 

locating and recovering their children. Gaps and inconsistencies in the laws and law 

enforcement policies will frustrate even the most patient of noncustodial parents. You may 

find it helpful to join with other victimized parents to advocate for changes in the laws and 

in local law enforcement policies. State clearinghouses, missing children's organizations, 

and victim advocacy organizations can also be helpful. 

20 
,) 

3. Criminal Remedies If Your Child 

Is Abducted 

Working With the Police and Prosecutors 

Every victim parent should understand how the criminal justice system, police, prosecutors, and the FBI can help in locating and recovering their abducted child and in bringing 

the abductor to justice. 

The local police and prosecutors may serve three different functions in a missing child case. 

They may investigate a missing person case, investigate and prosecute the crime committed 

by the abductor parent; or provide assistance in serving the legal paperwork (civil process) 

necessary before the courts will enforce your custody order. 

The circumstances of the abduction and the scope of the criminallaws in effect in your state 

will determine which of these activities, if any, can be undertaken by your local police and 

prosecutors and what other help you can expect from them. A victim parent should use all 

the criminal remedies described in this chapter that are appropriate, but must also use all 

other civil (noncriminal) remedies at the same time. 

Missing Person's Investigation 

Because the first few hours of an investigation are crucial, you must act quickly when you 

discover that your child is missing. After checking with friends and relatives to ensure that 

the ex-partner is not legitimately delayed in returning the child, immediately go to the police 

to file a missing person's report and request that they enter your child's description in the 

FBI's National Crime Information Center computer's Missing Person File (NCIC-MPF). 

Missing Person's Report Different states have different laws and policies governing the 

taking of a missing person's report in the case of a child abducted by a parent. The National 

Child Search Assistance Act requires law enforcement to take promptly a report of a missing 

child. Most states will take a missing person's report if a custodial parent reports that the 

child has been taken in violation of a custody order. A few states will take a missing person's 

report from a noncustodial parent whose visitation rights are violated by the disappearance 

of the custodial parent with the child. There is no legal requirement that the abducting 

parent know that a custody order has been issued before a missing person's report will be 

taken or that criminal charges be filed before a missing person's investigation is opened. 

Law enforcement policies are not uniform when parents have joint custody. Most agencies 

will take a missing person' s report if a parent has joint custody, especially if the joint custody 

')rder provides specific times that the child is to be with each parent. 

21 
For a child born out of wedlock the mother may not be required to obtain a court order for 

custody if the state law presumes that she is the custodial parent. See "Unmarried Parents" 

on page 4 for a complete discussion of special considerations pertaining to children born to 

unmarried parents. 

Enter Your Child's Description into the NCIC Computer Once you have reported your 

child as missing, state or local law enforcement authorities (police, sheriffs, and sometimes 

prosecutors) can enter the complete description of your abducted child into the FBI's NCIC 

computer system. 

The abductor does not have to be charged with a crime in order for the information on the 

child to be entered into the NCIC Missing Person File (NCIC-MPF). Criteria for entry into 

the NCIC-MPF are similar to those of local law enforcement missing person's reports. Be 

sure to specify the nationwide NCIC, as law enforcement agencies may mistake area "Be On 

the Lookout" bulletins, also known as BOLOs, or teletypes for the national computer. 

The National Child Search Assistance Act (42 USC §§ 5779 and 5780) requires law 

enforcement to immediately enter into NCIC each case of a missing child that is reported 

to the law enforcement agency. The law provides that no waiting period be established by 

law enforcement before accepting the report and entering the information into NCIC. 

According to the Missing Children Act, you must go to the local law enforcement authorities 

first to have information about your missing child entered into the NCIC. If you are still 

unsuccessful at having this information entered, the federal Missing Children Act directs 

the FBI to enter this information at your request. The relevant part of the Missing Children 

Act is on page 103. State and local authorities have the primary responsibility for entering 

information into the NCIC computer system and are also governed by state law and policies. 

Parents should make every effort to have the child entered into the NCIC computer system. 

An entry in the NCIC computer concerning your missing child can serve many purposes. 

The missing person's section of the computer database is primarily designed to provide law 

enforcement officers with easy access to basic information about persons whose whereabouts are unknown. Official agencies around the country may also use the NCIC-MPF to 

verify case information for other purposes. For instance, if the child is in the NCIC system, 

there is the remote possibility that he or she may be detected if the abductor is stopped for 

a traffic violation or any other offense. 

The following steps should be followed 

• 

• 

22 

call your local police or state missing children clearinghouse (if available) to find out 

what documentation you must present 

go to your local police station immediately with the necessary documentation and 

report your child missing. Provide a complete description of the child, including 

physical description, date of birth, age, grade in school, dental records, circumstances of disappearance, and the name and complete description of the abductor 

and his or her vehicle. Provide a recent photograph of the child and the abductor, if 

possible. See page 95 for a worksheet, entitled "Missing Person's Report for an 
• 

• 

• 

• 

• 

• 

• 

Abducted Child," that you can use to compile information for the report. If some of 

this documentation cannot be obtained easily, do not wait to gather all of it. You can 

make arrangements to send it to the police later. You may want to take a copy of the 

National Child Search Assistance Act with you. See page 104 for a copy of the full 

text. 

record the name, badge or ID number, and telephone number of the police officer 

who takes the missing person's report and the name of the department 

request a copy (or obtain the case number) of the missing person's report 

ask that all data regarding the missing child be entered into the NCIC-MPF. This 

data will include the names of the officers on the case, with office telephone numbers 

and instructions that they be contacted immediately. If the police are reluctant to 

perform this task explore the possibility of obtaining the NCIC forms from the 

investigating officer and filling them out yourself or with the assistance of a missing 

children organization. 

wait one day, and then check with police to ensure that the complete description of 

your missing child has been entered into the NCIC computer. Ask for a copy of the 

printout. If you cannot obtain a copy of the printout, obtain the police report number. 

if the information has not been entered into the NCIC computer, contact a local 

missing children organization or your state clearinghouse (if available) for assistance 

if your state does not have a clearinghouse or if your state clearinghouse or local 

missing children organization is unable to have your child entered into the NCICMPF, go to the local office of the FBI with the appropriate documents and ask them 

to enter the information. It may be a good idea to take a copy of the Missing Children 

Act (see page 103) and the National Child Search Assistance Act (see page 104) along 

with you. 

wait one day, and then visit the local FBI office and request confirmation that the 

entry was made 

NCMEC can check if your child has been entered into the NCIC-MPF. For this 

information call toll-free 1-800-THE-LOST (1-800-843-5678). NCMEC, however, is 

not authorized to enter a missing person's report into NCrc. 

Ask the Police to Pursue a Missing Person's Investigation When your child's description 

is entered into the NCIC-MPF, ask the police to pursue a missing person's investigation to 

locate your child. A number of possible search techniques are listed in "Sources of 

Information" on page 35. 

It is important to understand, however, that although most police agencies are authorized 

to investigate missing persons, the primary job of the police is to investigate criminal activity 

and bring criminals to justice. Accordingly, most police resources, personnel, and training 

are devoted to criminal investigations. 

23 
Missing children investigations present unique difficulties to police departments. They are 

labor-intensive investigations and frequently require that significant resources be expended to extend the investigation beyond the local city or town. Moreover, sophisticated 

document searches also require the services of investigators trained in white-collar crime. 

Contact State Missing Children Clearinghouses Many states have established missing 

children clearinghouses in law enforcement agencies with statewide law enforcement 

authority. Many of these clearinghouses have the ability to assist a law enforcement agency 

with a missing child investigation. See page 89 for a list of these clearinghouses and their 

telephone numbers. 

Criminal Charges 

All states and the District of Columbia now have criminal laws that prohibit parental 

kidnapping and provide for the punishment of convicted abductors. Before a criminal 

investigation can be initiated, however, there must be evidence that a parent has broken the 

law. Most states require that the abductor have knowledge of the custody order he or she 

is accused of violating. This frequently means that if the child is taken before a custody order 

is made, no crime has occurred. Not all states also require evidence that the child has been 

taken from the state. Not all state criminal laws cover violations of visitation rights. 

Because each state's custodial interference law is unique, you should read your own state's 

parental kidnapping laws. You may be able to obtain a copy of your state criminal laws from 

the state clearinghouse (if available ),local missing children's organization, your lawyer, the 

police, the prosecuting attorney, or NCMEC. See the table entitled "Uniform Child Custody 

Jurisdiction Laws, Criminal Custodial Interference Laws, and Parent Locator Service 

Telephone Numbers" on page 109 for the statute numbers of criminal custodial interference 

laws in each state. 

Bear in mind that parental kidnapping might be punishable under the laws of the state to 

which the child was taken as well as the state from which the child was abducted. Read the 

parental kidnapping law for the state in which the child is located. If the local prosecutor is 

unwilling to prosecute, consider investigating whether criminal charges can be filed in any 

other state in which a crime has been committed. Also check the state's general kidnapping 

law and other laws that might apply to your case such as burglary, car theft, assault and 

battery, and so on. Share information about the abduction with the police and prosecutor 

so that they can evaluate whether these other statutes apply. 

What is the Crime of Parental Kidnapping? Most states consider custodial interference, or 

parental kidnapping, a serious (felony) crime under some circumstances because of the 

grave risk of harm and danger to the child and the disruption to the stability of the parentchild relationship. Felony crimes are punishable by jail or prison terms longer than one year, 

or by payment of a stiffer (.~ne, or both. 

Less serious crimes are called misdemeanors. Misdemeanors are punishable by incarceration 

in jail for up to one year, or by payment of a fine, or both. In the case of both misdemeanors 

and felonies, the judge does not have to incarcerate a convicted offender, or may place an 

offender on probation and impose various conditions of probation such as a fine, restitution, 

community service, or restrictions on leaving the community. 

24 
Nearly every state treats interstate (between states) parental kidnapping as a felony crime. 

Extradition (the return of the defendant to the state where the crime was committed) is 

permitted for felony crimes. Extradition is not usually possible for misdemeanors. A 

warrant for the federal crime of Unlawful Flight to A void Prosecution (UFAP) can only be 

issued if the crime is a felony under state law for which extradition is sought by the local 

prosecutor. Only if a UF AP is issued can the FBI fugitive units assist in your case. A UFAP 

will not be issued if the fugitive parent's location is known. 

Some states have made the concealment of the child a felony crime. Since the most serious 

cases of parental kidnapping occur when the child is concealed and the victim parent spends 

his or her life and livelihood searching for the child, it remains a major defect in many state 

laws that concealment is not treated more seriously. 

Should You Press Charges Against the Abductor Parent? Many police agencies do not 

treat parental kidnapping as a serious criminal act because of their belief that some 

victimized parents press charges initially in order to barter for the return of the child only 

to drop them later when the child is located. When the police do not feel that parental 

kidnapping is a serious crime, they are reluctant to commit the police resources necessary 

to investigate fully. 

You must give serious consideration as to whether you want to see the other parent charged 

as a criminal. Now is the time to think about how your child will feel when Mommy or 

Daddy is arrested, tried, or sent to jail. It may not be possible for you to drop the charges later 

on. Both you and your child may be called upon to testify in the criminal trial. This will 

prolong your involvement with the criminal system investigating and prosecuting the case 

and may make psychological recovery more difficult for both you and your child. Also you 

must be aware that a criminal conviction does not automatically terminate the abductor 

parent's visitation rights. For helpful information if your child is called to testify as a 

witness, call NCMEC's toll-free Hotline 1-800-THE-LOST (1-800-843-5678) to request a 

copy of Just in case ... Parental guidelines in case your child is testiftjing in court. 

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 criminal 

charges are appropriate to pursue, if your case meets the requirements of the criminal 

statute. 

How to Pursue Criminal Charges Follow these steps in order to pursue criminal charges 

against the abductor 

• 

obtain a copy of your state's custodial interference laws and a copy of the laws of the 

state in which the child is located. See the table entitled "Uniform Child Custody 

Jurisdiction Laws, Criminal Custodial Interference Laws, and Parent Locator Service Telephone Numbers" on page 109 for references to the custodial interference 

laws of each state. 

be prepared to show the police or the prosecutor how the laws apply in your case . 

You may find it useful to talk to your lawyer, state missing children clearinghouse 

officials (if available), or a missing children's organization before you talk to the 

police or prosecutor. 

25 
26 

• keep in mind that there is confusion about whether criminal charges can be brought 

against a parent who abducts a child in violation of a joint custody order. Some states 

have passed laws that make it clear that the criminal custodial interference laws 

apply to joint custody orders. In states that do not have such laws, legal arguments 

can be made that neither parent with joint custody can abduct the child without 

violating the rights of the other parent, and there is case law in some states to support 

this. The more detailed the joint custody order is about when, where, and with 

whom the child will live, the easier it will be to establish that a violation of the 

criminal law has occurred. 

Even if criminal charges are not filed against the abductor parent, your rights under 

the joint custody order can still be enforced in civil court against the abductor parent 

once he or she is located. 

there may be confusion about which state can charge the crime. Is itthe state in which 

the court order was obtained? Or is it the state from which the child was taken? 

Generally speaking, the state from which the child was taken charges the abductor 

with a crime. In cases in which the initial taking was lawful (such as during 

visitation), it is usually the state in which the unlawful acts (such as retaining or 

concealing the child) occurred, although the failure to return the child may also be 

covered by the law of the state from which the child was taken. It should not matter 

that the court order that was violated was obtained in another state if the order was 

a valid one. 

• call the local prosecutor's office and find out who makes the decision to file criminal 

charges in the state where the crime occurred. Is it the police? Is it the prosecutor? 

Is it the local magistrate? Then make an appointment to speak to the person who 

makes the decision. You may want to have your lawyer or a representative of a 

missing children's organization attend this meeting with you. Take a certified copy 

of your custody decree with you which you can obtain from the Clerk of the Court 

or other appropriate official. 

• 

If the police, prosecutor, or magistrate has questions about the operation of the 

criminal laws, have them call NCMEC's Legal Department at 1-800-THE-LOST 

(1-800-843-5678) or the American Prosecutors Research Institute at (703)739-0321. 

make sure to ask the police officer, prosecutor, or magistrate to file felony charges 

rather than misdemeanor charges, if appropriate under the state law. Felony charges 

are more serious charges and more law enforcement resources can be assigned to 

resolve them, including some that make it easier to search outside your state, if 

necessary. Felony charges will enable the prosecutor to issue a nationwide warrant 

for arrest of the abductor through the Wanted Person File of the FBI's NCIC 

computer. Felony charges will also enable the prosecutor to seek a UFAP warrant 

and the FBI to offer investigative assistance if the abductor has left the state and 

concealed his or her whereabouts. 
• 

If you cannot obtain a felony charge, ask for misdemeanor charges. Use this 

opportunity to discuss with the police or prosecutor the use of subpoenas or search 

warrants and other special investigative tools to obtain private records in the search 

for the abductor and child. See "Sources ofInformation," on page 35, for additional 

search methods. 

if the prosecutor issues an arrest warrant, ask for the warrant number, along with the 

NCIC Wanted PersonFiIe number. You should use the warrant number on posters 

or fliers of your missing child. The NCIC Wanted Person File number should be 

cross-referenced to the NCIC Missing Person File number for YOU! child and vice 

versa. 

Will the FBI Search for My Child? The FBI plays a very limited role in cases of family 

abduction. The FBI is a federal law enforcement agency and, as such, investigates only 

federal crimes. Parental kidnapping is not a federal crime. State laws make parental 

kidnapping a crime, not federal laws. The federal crime of UFAP, however, can sometimes 

be used in parental kidnapping cases just as it is used in other kinds of state-law crimes. 

The federal crime of unlawful flight to avoid prosecution can only be charged if the state 

crime has been charged as afelony. The state prosecutor must request the U.S. Attorney to 

charge the federal crime (18 USC § 1073). The state prosecutor must give assurances that the 

offender will be extradited and prosecuted. There must also be evidence that the abductor 

has left the state. A federal UFAP warrant will usually not be issued if the abductor's 

whereabouts are known, since in such cases the prosecutor can begin extradition without 

the help of the FBI. An exception might be made for cases of international abduction. 

Parents cannot ask the FBI or the U.S. Attorney for federal UFAP charges, but parents can 

ask the local prosecutor to pursue UFAP charges. If a UFAP warrant is issued, the FBI is 

permitted to assist in the search for the abductor, make the arrest, and turn the abductor over 

to the state authorities for extradition and prosecution. AUF AP warrant, however, does not 

authorize the FBI to search for or recover the child. It only authorizes the arrest of the 

abductor. 

If the child is with the abductor at the moment of the arrest, the FBI can turn the child over 

to the state authorities. The parent, therefore, should be prepared to recover the child by any 

legal method at the time of arrest. Further, it may be necessary in some cases for the parent 

to continue the search for the child after the arrest of the abductor. 

Convincing the Prosecutor to Pursue Charges If the state prosecutor fails to file criminal 

charges without justification, ask to speak to the supervising prosecutor. Consider making an 

appointment to speak with or send a letter directly to the elected or appointed prosecutor. 

Rallying public su pport for prosecution may be very persuasive. Five ways to influence the 

prosecutor's decision are to 

o 

• 

ask local, state, and federal politicians to contact the prosecutor on your behalf 

obtain help from your state missing children clearinghouse (if available) or missing 

children's organization 

27 
-----------------------------------

• 

• 

organize your family and religious/ community organizations to begin a letter·· 

writing campaign 

ask local law enforcement agencies to draft and publish law enforcement policies 

about parental kidnapping or missing child cases 

seek media coverage of your child's abduction, with emphasis on the need for 

criminal prosecution 

A more permanent solution may be to join with other victimized parents to advocate for 

changes in the laws and in local law enforcement policies. Request that local law enforcement officers and prosecutors receive training in how to handle parental kidnapping or 

missing child cases. State missing children clearinghouses and missing children organizations may be of assistance. Do not overlook the influence of your local political parties and 

their election platforms. 

NCMEC can send you Selected State Legislation: A Guide for Effective State Laws to Protect 

Children, which contains recently enacted law reforms affecting missing children. Call 

NCMEC to request a copy at 1-800-THE-LOST (1-800-843-5678). 

The Criminal Investigation 

If criminal charges are filed, the police can investigate in many ways. There may be instances 

in which the police or prosecutor can obtain information in the course of their official 

investigation that you cannot obtain yourself. You may suggest that the police review the 

search techniques suggested within this section, resources listed in "Sources of Information" on page 35, and discussion of the "Parent Locator Services" on page 30. 

After the Abductor Is Criminally Charged Once the abductor has been charged with a 

crime, press for an active investigation by the police. You should simultaneously use all 

other available methods of investigation as well. It is important to work cooperatively with 

your police investigator, but you must be prepared to be an active participant in the search 

for your child. You may find it useful to talk to your lawyer, your state missing children 

clearinghouse (if available), or a missing children organization for ideas. This does not 

mean, however, that you should take over the police investigation. 

At the same time, you must also work with the civil courts to secure and preserve your rights 

and to use all available civil remedies. Do not rely on the criminal process to vindicate your 

civil custody rights. The prosecutor is not your private lawyer. He or she represents the 

public interest in having the state's criminal laws enforced. Your own lawyer represents 

your personal interest in having your child returned and can go to family court on your 

behalf to accomplish this. 

Enter the Felony Warrant into the NCIC Computer Most important, if the abductor is 

charged with a felony, the police should immediately enter the warrant for his or her arrest 

into the NCIC Wanted Person File for national dissemination to law enforcement agencies. 

Misdemeanor warrants will go only into a statewide computer system. This is not the same 

as entering the missing child's description into the NCIC-MPF of the computer, since the 

information on wanted persons and on missing persons is contained in different computer 

28 
databases. If a missing person's report has been entered into the NCIC computer, make sure 

that the entries in both the Missing Person File and Wanted Person File cross-reference each 

other. 

"Be on the Lookout" Bulletins Police can issue "Be on the Lookout" bulletins, also called 

"BOLOs/, "Attempts to Locate" (" ATLs"), or" All Points Bulletins" (" APBs"), to help other 

police agencies find the vehicle of the abducting parent. Such bulletins can be issued across 

state lines if a felony warrant has been entered in the NCIC computer. These are of limited 

value unless the police are in hot pursuit of the abductor or have a reasonable idea of where 

the abductor is fleeing. 

Mail Covers This investigative tool is only available to law enforcement authorities and can 

only be used when a felony has been charged. It allows the U.S. Post Office to note return 

addresses and postmark information on mail believed to be useful in locating a fugitive. The 

mail is not opened. A mail cover can be used on individuals other than the actual abductor 

and can be used on someone who lives in another state. Mail covers can last for only thirty 

days at a time unless an application for additional time is approved. Information obtained 

in this manner can only be given to law enforcement officials for use in an official 

investigation. 

Do some research first and find out what events in the lives of the abductor's family and 

friends might compel the abductor to send a letter or a card. Birthdays, anniversaries, the 

birth of a baby, the death of a family member or close friend, and, so on might trigger a 

communication from the abductor. Make sure to tell the police investigating your case about 

these important dates. 

Cross-Check SSN Against DMV and Nationally Through NLETS In some states it is 

possible for the police to run an abductor's name and Social Security Number (SSN) in a 

computer match program against the Department of Motor Vehicles (DMV) records of all 

fifty states and the District of Columbia. Information about new or additional driver's 

licenses held by the abductor or about motorvehic1e violations received in another state may 

be useful in locating the abductor parent. Further, police in most states are able to run a 

similar computer match program through the National Law Enforcement Telecommunications System (NLETS) teletype, that may pick up additional information about the abductor 

parent's movements or whereabouts. 

Search Warrants and Subpoenas Police investigators can use search warrants to gain 

access to the abductor's former residence to determine if the abductor left behind any clues. 

It will frequently be necessary to trace the abducting parent's source of income or financial 

support. Parentallddnapping investigations can be ver~ much like investigating whitecollar crime. See "Sources of Information," on page 35, for information on the types of 

documents the police should try to obtain. 

File Charges Against Accomplices If an abducting parent is receiving assistance from 

friends or relatives in the concealment of the child (and if sufficient evidence exists to prove 

this), then law enforcement authorities should not overlook filing charges against the 

accomplices to the crime. 

29 
Outstanding Warrants Police investigators can check with the local law enforcement 

agenry to see if the abductor has prior convictions of other crimes, and can check periodically for outstanding warrants. 

Contact State Missing Children Clearinghouses Many states have established missing 

children clearinghouses in agencies with statewide law enforcement authority. Many of 

these clearinghouses have the ability to assist with a missing child investigation. See page 

89 for a list of these clearinghouses. 

Parent Locator Services The Federal Parent Locator Service (FPLS) is a computerized national 

location network operated by the Office of Child Support Enforcement (OCSE) in the U.S. 

Department of Health and Human Services. It was originally established to provide address 

and SSN information to state and local child support agencies to locate absent parents for 

child support purposes. The Parental Kidnapping Prevention Act (PKP A) broadened the 

function of the system by allowing its use in parental kidnapping and child custody cases 

for the limited purpose of criminal actions and civil custody proceedings. See page 41 for a 

detailed description of the Parent Locator services. 

Project ALERT In partnership with America's leading law enforcement associations, 

NCMEC has established a program to utilize retired law enforcement professionals as 

volunteer resources available to law enforcement agencies grappling with missing child 

cases, child homicides, and child exploitation issues. This volunteer assistance is offered 

solely for the benefit of the investigating agency. In addition to providing assistance to 

evaluate, develop, and suggest new approaches to cases, the volunteers are also available 

for public speaking and community awareness programs. Law enforcement agencies may 

call NCMEC at 1-800-THE-LOST (1-800-843-5678) for more information on this program. 

The Arrest 

You should ask the police to keep you informed about the status of your case, especially 

when they are about to make an arrest. Follow the instructions of the arresting officer 

concerning where you should be at the time of the arrest. Do notgo to the scene of the arrest 

unless you are requested to do so by the arresting offic~r. 

Extradition When the abductor is arrested in another state, he or she may agree to return 

v01untarily to the state in which the criminal charges are pending. If not, the state prosecutor 

will have to extradite (legally force the return) and pay for the return of the abductor before 

a criminal trial can take place. Remember, the decision to extradite involves considering the 

seriousness of the crime and the financial resources of the local prosecutor's office to 

extradite the offender. Not every offender is extradited. Family abduction cases must 

compete with all the other felony crimes for priority in the budgeting of extradition funds. 

What Will Happen to My Child After the Abductor's Arrest? In most states the police are 

not required by law to give the child to the searching parent when they arrest the abductor. 

The police are also not required to search for or pick up the child if the child is not with the 

abductor at the time of the arrest. It may be necessary to go to civil court to enforce your 

custody order and obtain a court order which both requires the return of your child and 

directs the police to assist in picking up your child. See "Pick-Up Order" on page 55. Have 

30 
the police or prosecutor obtain a pick-up order for you if your child is in an area of the 

country where this can be done. If not, be prepared to have your lawyer coordinate with the 

police and obtain a pick-up order in advance of the arrest so that the child can be picked up 

at the same time. 

It is best if you are available to take physical custody of the child at the time of the arrest. If 

you cannot afford to travel to the town where the arrest will be made, itmay be possible to 

obtain financial assistance. For more information about possible assistance, contactNCMEC 

at 1-800-THE-LOST (1-800-843-5678), your state missing children clearinghouse (if available), your nearest missing children's organization, or a victim assistance program in the 

jurisdiction where your child is located. 

If you are unable to pick up your child yourself at the time of the arrest, it may be possible 

to ask a friend or relative to do so. Make arrangements with the police department in advance to 

make sure that they will be able to turn over your child to someone other than you. If the 

police are unable to accommodate you in this matter, it may be possible in some states for 

you to place your child temporarily with a state or county child protective services agency. 

If this occurs, an additional court hearing may be required before the child is released to your 

custody. 

Conviction and Punishment 

If the abductor is convicted of or pleads guilty to parental kidnapping, it is very important 

for the victim parent to ask the prosecutor to seek an appropriately strict sentence. Try to 

attend the sentencing hearing yourself. 

There are a number of reasons incarceration (a jail or prison term) might not be ordered. The 

judge might be unwilling to impose it. You might not want it. It might prove to be too 

stressful for your child to see Mommy or Dadd y go to jail. If incarceration is not ordered, the 

judge should be asked to consider a stiff fine as well as restitution to you for the costs of 

locating and recovering your child. 

Additionally, a good precaution against another abduction is to have the prosecutor ask the 

judge to order the abductor to report regularly to a probation officer. Also, you can ask the 

judge to prohibit out-of-state travel without prior written approval. The court might also 

consider requiring the abductor to post a bond that would remain in effect during the period 

of probation prior to resuming visitation with the child. The victim parent may also seek a 

bond of unlimited duration in civil proceedings. See "Post a Bond" on page 7 for additional 

information about such bonds. 

If the abductor is incarcerated, it is important for the victim parent to request the judge or 

probation or parole officer to set reporting requirements and restrictions on out-of-state 

travel before the abductor is released. 

After the Recovery 

Victim Assistance All states have enacted laws that give certain rights to the victims of 

crime. These laws vary. Some states give the victim the right to be heard at the sentencing 

of the offender. You should consult with the prosecutor or probation officer about submit31 
ting a "Victim Impact Statement" to the court prior to sentencing. Many state laws provide 

that convicted offenders can be required to pay restitution to the victims of their crimes. 

Some states have enacted laws specifically addressing the needs of the families of missing 

children. Other states have certain victim assistance laws that may help you to obtain financial 

and other assistance after the crime. Although most of these programs were designed to aid 

victims of violent crimes, a few may apply to nonviolent crimes, including parental 

kidnapping. 

Your state crime victim compensation program should be able to tell you about what your 

state law provides to crime victims. For information on your state's crime victim program 

and how to reach it, contact the National Organization of Victim Assistance, 1757 Park Road, 

NW, Washington, DC 20010, (202) 232-6682 or the National Victim Center, 2111 Wilson 

Boulevard, Suite 300, Arlington, VA 22201, (703) 276-2880. Your prosecutor' s office may also 

be able to tell you if such programs are available in your state. 

For information on special laws to help the families of missing children, contact NCMEC' s 

Legal Department at 1-800-THE-LOST (1-800-843-5678). 

Suits to Recover Expenses Incurred Searching for the Child Under the Uniform Child 

Custody Jurisdiction Act (UCCJA) and (he Parental Kidnapping Prevention Act (PKP A) a 

searching parent may recover the money spent to locate and secure the child's return from 

the abductor, if the judge so orders. These should be requested by the searching parent's 

attorney in the pleadings. These laws, however, do not compensate the parent and child for 

the emotional anguish they suffered. They also do not hold those who assisted the abductor 

financially responsible for their actions. 

Child-snatching lawsuits allow victim parents and children to sue the abductor and anyone 

who assisted the abductor for the suffering caused by the abduction. The persons bringing 

the suit may seek money damages. Parents should consider pursuing both types of suits to 

recoup expenses and obtain compensation. For more information on these lawsuits see 

"Child-Snatching Lawsuits" on page 18. 

32 
4. Searching forVour Child 

Once you have filed a missing person's report with the local police, requested assistance 

from the police and prosecutor, and hired a lawyer to obtain or enforce your custody decree, 

there are many ways that you can help the investigation on your own. 

First, you should contact your state missing children clearinghouse (if available) or nearest 

missing children's organization for information and advice. Then you can begin investigating the whereabouts of your child and the abductor by contacting a number of information 

sources listed in this chapter. 

You should expect to be an active participant in the search for your child. No investigator 

knows the case as well as you, and no one else has as much at stake as you do. It is not, 

however, realistic to believe that obtaining information to help your search will be easy. 

Remember to try the abductor's married name, maiden name, and variations of the name, 

for instance, the first and middle names only. 

Privacy laws and policies may make it difficult to obtain some information. Be persistent 

(but polite), and be prepared to present assurances of your right to the information you are 

seeking. If you cannot get the information one way, you may be able to obtain it in another 

way. 

If all else fails, try to obtain a subpoena or court order for the disclosure of the information 

you are seeking. You can conserve your financial resources (and save time) by identifying 

first those sources that will not release information without a subpoena or court order, and 

then choosing those most likely to have information about your case. Then work with your 

lawyer to obtain the necessary subpoenas and any other civil court orders for this information. If criminal charges are being investigated, the police or prosecutor may be able to 

obtain issuance of criminal subpoenas or search warrants to obtain the desired information. 

Use the following sources ofinformation, in cooperation with police, attorneys, and missing 

children's organizations, to help you find out where the abductor has taken your child. 

Remember that major libraries frequently provide a call-in information service and will 

check many information listings for you. Note: Because the abductor may change addresses 

several times, you should repeat your investigation every six months to a year. 

The National Center for Missing and Exploited Children 

The National Center for Missing and Exploited Children (NCMEC) is a national clearinghouse and resource center created to provide technical assistance in cases of child abduction, missing children, and child sexual exploitation. NCMEC employs former criminal 

justice system and youth services professionals who have worked on the state and local 

levels around the country and who have broad expertise in handling cases involving 

missing or exploited children. Primary funding for NCMEC comes from the Office of 

Juvenile Justice and Delinquency Prevention (OJJDP) at the U.S. Department of Justice. 

33 
NCMEC maintains a toll-free Hotline 1-800-THE-LOST (1-800-843-5678) for use by individuals who believe they have information that could lead to the recovery of a missing child. 

Parents can call this toll-free number and report a missing child. Hotline Operators and the 

Case Management staff assist parents in exploring all available resources at the time the 

report is received. Hotline Operators can also confirm whether or not the child has been 

listed in the FBI National Crime Information Center computer's - Missing Person File 

(NCIC-MPF). Parents can use NCMEC's toll-free Hotline number on posters displaying 

information on their missing child once the child is registered with NeMEc. A case may be 

registered with NCMEC if a custody decree has been issued granting the caller custody 

rights, a missing child report has been made with the local law enforcement agency, and the 

child has been entered into the NCIC-MPF. 

NCMEC staff members are available to talk over problems in the search process with victim 

parents. NCMEC's legal staff members will consult with your lawyer or the prosecuting 

attorney on legal issues. Every parent calling the Hotline to report their child as a victim of 

parental kidnapping will receive this handbook and single copies of other helpful publications. NCMEC distributes a number of publications designed to help parents, law enforcement, and lawyers find and recover missing children. 

If the abductor has been charged with a crime, NCMEC can arrange for national distribution 

of your child's photograph and description. NCMEC staff members may also be able to help 

qualified parents who must travel in order to recover their missing children. Contact 

NCMEC's toll-free Hotline at 1-BOO-THE-LOST (1-800-843-5678) to determine if you are 

eligible for assistance from one of these programs. 

State Missing Children Clearinghouses 

Many states have established agency programs to assist parents in locating and recovering 

their missing children. The scope and extent of each program varies, but may include 

statewide photo dissemination, assistance in obtaining information from state agency 

records, assistance in having your child entered into the FBI's NCIC-MPF, law enforcement 

training programs, or technical assistance on case investigations. Please contact your state 

missing children clearinghouse (if available) to find out what services it can provide in your 

case. See page 89 for a list of these clearinghouses. 

Missing Children's Organizations 

Missing children' s organizations (nonprofit organizations or NPOs) are usually small, local 

groups of victimized parents or other concerned citizens dedicated to the issues of missing 

and exploited children. Frequently, they can offer direct assistance to a parent searching for 

a child. They may be familiar with local law enforcement, legal, and social services policies 

and procedures. In addition they may be able to help a parent organize the search and 

recovery process. They may be able to help you locate information or provide assistance 

with media coverage. Through the missing children's organization network, you may be 

able to obtain assistance in another state. 

34 
r 

~, , 

i 

Missing children's organizations vary widely in their scope of services. Most of them are 

nonprofit organizations and do not charge for their services. If your area does not have a 

local missing children's organization, contact the one nearest to you or try to work with a 

state or local victim assistance program. You are probably not the only parent in your area 

with a missing child. You may receive help from other parents, concerned citizens, church 

or synagogue members, or community organizations. Call NCMEC at 1-800-THE-LOST 

(1-800-843-5678) and request the Nonprofit Service Provider's Handbook if you want more 

information on nonprofit organizations. 

Sources of Information 

There are many sources of information available that a searching parent can utilize in 

locating the child and the abductor parent. Although a searching parent should attempt to 

use every available resource, it is important to realize that because of privacy laws, not all 

sources will be available to a parent. Some can only be used by law enforcement, and others 

will be available only by court order or subpoena. If a court order and the assistance of law 

enforcement is needed, your lawyer can assist you in requesting such an order. See page SO 

for an "Information Source Checklist." 

Airlines, Bus, and Train Contact the airlines to find out if the abductor and the child had 

reservations on a flight. If the abductor has left the area recently, show pictures of the 

abductor and the child to employees in the local airline terminals. You may have even better 

success if you give copies of your child's picture to airline employees to post in employee 

meeting places. You should also go through the airport parking lots and look for the 

abductor's car. This can help verify that the abductor did leave the area and a parking stub 

in or on the car can help narrow the time of his or her departure and let you focus on 

particular flights the abductor may have taken. Likewise, local bus and train terminals 

should be checked to find out if the abductor and child used those modes of transportation 

to leave the area. 

Alcohol and Drug Rehabilitation Centers If the abductor has an alcohol or drug dependency problem, check with alcohol or drug rf'habilitatjl"''1 programs or the local Alcoholics 

Anonymous chapter in the location you believe the abu,1ctor to be living. 

Banks Check with the abductor's bank to find out whether an account has been closed and 

whether funds have been transferred to another account or another bank. Obtain records of 

transactions for several months prior to the abduction and ask for copies of cashed checks 

returned after the abduction. If the account was closed and the funds were taken in the form 

of a cashier's check, find out where it was cashed or deposited. Determine if there has been 

a history of direct deposits and, if so, from where the funds carne. If a checking account 

remains open, find out whether any checks have been used since the abduction. If so, keep 

track of any new transactions. Banks usually keep records of checks for five years and 

deposits for two years. 

Banks will cooperate if the account in question is a joint account or if you are still legally 

married to the abductor. A few may be willing to help out even if the account belonged only 

to the abductor, but most will require a court order for the release of these records. 

35 
--------------------------

Birth Records From time to time a parent will be required to produce a birth certificate for 

the child, for instance, if there is a likelihood of the child being taken out of the country or 

if the child is enrolling in school. The birth certificate should be "flagged" by the Bureau of 

Vital Statistics. The 1/ flagging" laws described in /I School Records" on page 45 also apply to 

birth certificates. 

Child-Snatching Lawsuits While not suited for all child-snatching cases, in appropriate 

cases these lawsuits may result in disclosure of information useful in discovering the 

location of the abductor and child. See "Child-Snatching Lawsuits" on page 18. 

Clubs and Organizations Contact any clubs or organizations to which the abductor 

belonged to find out if the abductor notified them of a change of address. Think of any 

hobbies and sports the abductor has pursued. Once you focus your search on a particular 

location, check local team registrations and hobby material suppliers for additional information. 

College and Trade School Records If the abductor attended college or trade school and 

would need transcripts to apply for jobs or higher education, contact the college or trade 

school registrar and find out where the transcripts were mailed. Ask to be alerted promptly 

if the abductor requests these documents. Contact the placement office to see if the abductor 

has requested placement services or job references. 

Compelling Disclosure by the Abductor's Lawyer A few courts have required that the 

abductor's lawyer reveal the location of the abductor or the abducted child. This will not 

always work because the lawyer-client privilege usually allows the attorney to keep 

confidential any information about the client. Parents have been successful in a few such 

cases, however, especially if they can convince the judge that such disclosure is in the child's 

best interest. 

Computerized Databases Much information, such as real property records and telephone 

directories, is available through commercial database searches. While some of these services 

can be expensive, they may provide more current information than is available in telephone 

books, cross-directories, and other printed sources. 

Court Records Once you focus your search on a particular geographic area, it may help to 

check court records of all nearby counties, districts, or parishes to find out if any criminal 

or civil actions have been filed against the abductor parent. Information contained in those 

records could be valuable both in locating the abductor and in ensuring the return of your 

child. Also check with the local child protective services agency to find out if there have been 

any reports of child abuse, abandonment, or neglect concerning your child. 

Credit Bureaus Several commercial companies, such as TRW Credit Data and Equifax, 

maintain national files on each individual's credit purchases. Contact these companies and 

find out what address they have for the abductor. Follow up with checks on individual 

credit accounts. Check your local telephone book for the office nearest to you. Ask the court 

to order the credit bureau to /I flag" its records and notify you if the credit bureau receives 

any information on the abductor's whereabouts. 

36 
Credit Cards If the abductor has credit cards, contact the credit card companies and ask for 

duplicate copies of all charges and receipts for your records. Trace the places where 

purchases were made to see if any patterns emerge. Many purchases made in the same place 

over a period of time may mean that the abductor has taken up residence in that area. Pay 

special attention to gasoline credit card records. You should be able to obtain the credit 

information if you have a joint credit card account with the abductor. If the line of credit 

extends only to the abductor, the company may choose not to release any information to you 

on privacy grounds, but it will comply with court-ordered disclosure. 

Cross-Directories Several companies publish cross-directories that cross-reference addresses with telephone numbers and provide additional information about the residents of 

an address, if available. For example, if you have a telephone number, the cross-directory 

will provide the address for that number. If you have an address, it will list the telephone 

number. You may be able to obtain a telephone number even if it is unlisted. Crossdirectories have been compiled for most metropolitan areas. Law enforcement agencies 

frequently have a copyofthe local cross-directory and may allow you to use it, upon request. 

Also check public libraries, child support enforcement offices, local Chamber of Commerce, 

or your nearest missing children organization. 

Customs Service The U.S. Customs Service computer system collects information at border 

checkpoints and in airports. See page 64 for more detailed information about the U.S. 

Customs Service. 

Department of Motor Vehicles Ask the state Department of Motor Vehicles (DMV) to 

check on recent car registrations, title transfers, new licenses, and license renewals for the 

abductor. In the case of a new car registration, it may be possible to find out the name of the 

car dealership that sold the car. Contacting the dealer may lead to other information about 

the abductor. 

Warning: Some states may notify individuals when inquiries are made about them. Ask the 

DMV's public information officer if a notification policy is in effect. If so, do not use the DMV 

as a source of information if there is reason to believe that the abductor will flee once he or 

she finds out that a request has been made. Police may be able to get this information without 

alerting the abductor, or the court can order the DMV not to alert the abductor. 

Employers Check with the abductor's last known employer to find out where paychecks 

and health benefits are being forwarded. You may also be able to find out from the employer 

whether the abductor has requested job references and, if so, from where the request came 

and where the references were sent. Ask to be alerted if the company is contacted by the 

abductor. Find out who the abductor listed as the next of kin for emergencies and as a 

beneficiary for insurance policies. Interviews with co-workers may be productive. 

Federal "Forward a Letter" Programs A few federal agencies, such as the Social Security 

Administration and the Internal Revenue Service, will forward a letter written byyou to the 

child if the child's address is known to them. This can be especially helpful in cases of longterm parental abduction in which the children are now teenagers or grown. For more 

information about this program, contact NCMEC, your state missing children clearinghouse (if available), your nearest missing children's organization, or your United States 

Senators or Representative. 

37 
Firearm Registrations If the abductor owns firearms, contact the state agency that registers 

such weapons in the state you believe the abductor to be living to determine if the abductor 

has a record of registration. A teenage child may be required by state law to obtain a license 

in his or her own name. 

Friends and Relatives of the Abductor Since an abductor is assisted frequently by other 

people in taking or concealing the child, all relatives, friends, and coworkers of the abductor 

parent should be contacted and questioned. Give the police and your lawyer a list of full 

names, addresses, and telephone numbers of all such persons, and dates of birth if possible, 

and suggest that they be interviewed. Your lawyer may decide to subpoena them to testify 

under oath. If criminal proceedings are being investigated, the local prosecutor may also be 

able to subpoena them to testify under oath. 

If you are on good terms with the abductor's parents or siblings, it is helpful to stay in touch 

with them. They may tell you if they hear from the abductor. Ask them to save any letters 

and envelopes from the abductor for the postmark. 

Focus your search in places where the abductor might like to visit or live. Find out where 

the jobs in the abductor' 5 occupation are readily available. Find out where the abductor once 

lived and interview old friends and neighbors since the abductor may have sought the help 

of an old friend. Talk to the abductor's former coworkers and former employers. If the 

abductor has left with a new spouse or a new partner, check all sources on the new 

companion as well as the abductor. 

Garbage If you are quick enough, you may be able to examine the garbage left behind by 

the abductor for clues as to where he or she went. Old letters, old telephone bills, holiday 

and birthday cards, etc., may contain information about the abductor's intentions. Also 

consider checking the garbage of anyone who may be helping the abductor conceal the 

child. Some courts have extended privacy rights to garbage, and so you should determine 

the legality of this technique before you use it. If your state protects privacy rights to 

garbage, obtain a court order allowing you access to it. Be careful not to trespass on private 

property. 

"Hangouts" Check the kind of "hangouts" (bars, racetracks, poolhalls, and so on) frequented by the abductor parent in the area you believe thl abductor js living. Show people 

pictures of the abductor or the child. 

Hunting and Fishing Licenses If the abductor is a hunter or a fisherman, contact the state 

department of fish and game in the state you believe the abductor is living and find out if 

a license has been issued to the abductor. A teenage child may be required by state law to 

obtain a license in his or her own name. 

Immigration and Naturalization Service (INS) Abductors who are foreign nationals may 

attempt to return to the United States after taking a child out of the country or may need to 

be in contact with INS regarding their visa status. See 1/ Contact the Immigration and 

Naturalization Service" on page 63 for more detailed information about INS. 

38 
Insurance Contact the life, health, and automobile insurance companies that insure the 

abductor. Ask if they have heard from the abductor with either a change of address, a 

request to transfer coverage, or a claim. If insurance coverage has been purchased for a new 

car, find out where the car was bought and where it is being kept. If the abductor has 

changed insurance companies, contact the second insurance company as well. Find out if 

there has been a recent change of beneficiary or if the abductor has taken a loan out again::;t 

the policy. Ask the insurance companies to notify you if they hear from the abductor. 

Loans If the abductor has any loans outstanding, contact the lender (bank, finance 

company, car dealership) to find out whether payments on the loan are being made. If so, 

ask the lender to save the envelopes in which payments are mailed so that you can check the 

postmark. If payments are made by check, contact the bank that has the account for address 

information on the abductor. Find out if the lender still has the title to the abductor's car. If 

so, ask where they will send it when payment is complete. If the abductor has defaulted on 

the loan, the lender may also be trying to locate the abductor. Find out what collection 

agency the lender is using and offer to exchange information. Collection agencies for carleasing companies are also good candidates to approach. Do not forget to consider student 

loans. 

Libraries Check to see if the abductor has provided a change of address for his or her library 

card in your community or has applied for a card in the community where you think he or 

she may now be living. Also check for cards issued in the child's name. 

Magazine or Newspaper Subscriptions Many people continue to keep up with activities 

in their home towns by subscribing to the local newspaper. In some cases abductors have 

placed messages in their home town paper to communicate with friends and family 

members left behind. Contact the abductor' shome town paper periodically to find out if the 

abductor has obtained a subscription. If the abductor has subscriptions to any magazine or 

newspaper, contact the company's business office to find out whether the abductor has 

submitted a change of address. 

Marriage License Applications In cases where there is a likelihood that a female abductor 

may have remarried, check marriage license records in your community and places where 

the abductor may have gone to get information on a new name the abductor may be using. 

Media Coverage Television, radio, newspaper, and magazine coverage of your case may 

help you find your child. Contact local and national media with your story. Make sure to 

have a recent photograph and complete description of your child and the abductor, with the 

numbers of the criminal warrants against the abductor. Give telephone numbers (with area 

codes) where you can be reached at all times. If you cannot obtain the media's help, you 

should seek assistance from your state missing children clearinghouse (if available) or 

missing children's organization. If a criminal warrant has been issued (misdemeanor or 

felony) relating to the kidnapping, NCMEC can help with media coverage. Call NCMEC's 

toll-free Hotline at 1-800-THE-LOST (1-800-843-5678). It is best to target a specific area for 

media coverage. A television story aired in one town has little chance of recovering a child 

concealed in another part of the country. National media coverage is helpful but may be 

difficult to obtain. 

39 
Medical and Dental Records It may be necessary to confirm inoculations for childhood 

diseases in order to enter a daycare program, school, or summer camp. Ask the medical 

provider to alert you or the authorities if any request for the records is received. 

Contact doctors, dentists, pharmacies, and hospitals that have provided healthcare to your 

child or the abductor. Ask if they have received any requests to transfer records to another 

doctor, pharmacy, or hospital in a new location. If so, find out where the request originated 

and where the records were sent. Some national or regional chain pharmacies keep 

computerized records of customers' prescription purchases and you may be able to learn if 

the abductor has filled a prescripti.on at a pharmacy within this chain at a new location. Ask 

the health care provider to notiiy you or the investigating officer if any contact is made by 

the abductor parent. 

Military Worldwide Locator Services To locate an abductor, write to the Worldwide Locator 

Service for the branch of the military service that employs or employed the abductor. 

Request the most recent duty assignment and location of the abductor. Include the 

abductor's full name, Social Security Number (SSN), date of birth, rank, and last known 

assignment. There is a small charge for this service. Following are the addresses and 

telephone numbers of the military locator services. 

United States Army 

Army Worldwide Locator Service 

Fort Benjamin Harrison, IN 46249-5301 

(317) 542-4211 

United States Air Force 

Headquarters, AFMPC/BPMD 003 

Attn: Worldwide Locator Service 

Randolph AFB, TX 78150-6001 

(210) 652-5774 . 

UnUed States Navy 

Naval Military Personnel Command 036CC 

Navy Locator Service 

Washington, DC 20370 

(703) 614-3155 

United States Marine Corps 

Commandant of the Marine Corps 

Headquarters, Marine Corps 

Code MMRB-10 

Attn: Worldwide Locator Service 

Washington, DC 20380-0001 

(703) 640-3942 

40 
United States Coast Guard 

Commandant, U.S. Coast Guard 

Coast Guard Locator Service 

2100 - 2nd Street, SW 

Washington, DC 20593 

(202) 267-1615 (pertaining to enlisted personnel) 

(202) 267-1667 (pertaining to officers) 

Office of Personnel Management If the abductor is a retired military or retired civil service 

member and receives a retirement check or is an active civil service member, consider 

contacting or obtaining a subpoena for records of the Office of Personnel Management, 1900 

E Street, NW, Washington, DC 20415, (202) 606-2424. 

Parent Locator Services The Federal Parent Locator Service (FPLS) is a computerized national 

location network operated by the Office of Child Support Enforcement (OCSE) in the U.S. 

Department of Health and Human Services. The FPLS receives SSN and address information from the Social Security Administration and the Internal Revenue Service. It receives 

address information from the National Personnel Records Center, the Department of 

Defense, the Veterans Administration, the Selective Service System, and the Department of 

Labor. 

The FPLS was originally established to provide address and SSN information to state and 

local child support agencies to locate absent parents for child support purposes. The 

Parental Kidnapping Prevention Act (PKP A) of 1980 broadened the purpose of the FPLS by 

allowing its use by authorized persons in criminal parental kidnapping cases and civil child 

custody proceedings. An authorized person can request an FPLS search through the records 

of the seven federal agencies in order to locate an absent or abducting parent for purposes 

of making or enforcing a child custody order and for investigating or prosecuting a criminal 

parental kidnapping case. With respect to civil custody proceedings, the Office of the 

General Counsel of the Department of Health and Human Services has interpreted the 

PKP A to mean that a civil action to make or enforce a child custody order must have been 

filed prior to seeking address information from the FPLS. 

The address information maintained by each agency is updated only once a year. The FPLS 

is most useful in those cases in which the abductor parent has been gone for more than six 

months or is receiving some sort of federal benefit or entitlement from one of the six 

agencies. 

The law does not permit parents to initiate inquiries on their own behalf: Parents are not 

"authorized persons." In order to use the services of the FPLS for parental kidnapping and 

child custody cases, a parent should contact an authorized person in his or her state of 

residence. Generally speaking, authorized persons include 

• 

state court judges, in an action to make or enforce child custody or visitation orders, 

can authorize an FPLS inquiry 

if the state has an agreement with the OCSE, police officers and prosecutors (if criminal 

custodial interference charges are being pursued) and state officials and state attorneys 

(acting to enforce child custody or visitation orders) can initiate an FPLS inquiry 

41 
if a federal Unlawful Flight to A void Prosecution (UFAP) warrant has been issued, 

FBI agents and U.S. Attorneys can initiate an FPLS inquiry directly to the FPLS. The 

state need not have an agreement with OCSE when the request is made by the FBI 

or U.S. Attorney. 

To initiate an FPLS inquiry the parent should request that the authorized person (other than 

the u.s. Attorney or FBI agent) write a letter or sign an authorization form certifying that 

inquiry is made in pursuance of a criminal custodial interference case or is needed for a child 

custody or visitation case and should request that the state or local child support agency 

submit the case to the FPLS to locate the abductor. See page 97 for a sample request for 

authorization to use the FPLS. Note: state court judges may request that you file a motion (a 

formal court request) to obtain this authorization. 

The authorization should be sent to the State Parent Locator Service along with the information necessary to identify the abducting parent. See the table entitled "Uniform Child 

Custody Jurisdiction Laws, Criminal Custodial Interference Laws, and Parent Locator 

Service Telephone Numbers" on page 109 for a list of the telephone numbers of the State 

Parent Locator Services. To submit a case to the FPLS you will need to provide the abducting 

parent's name and SSN. If the SSN is not known, it may be possible for the FPLS to identify 

the abducting parent's SSN. For the FPLS to do this you must provide them with additional 

information about the abductor. 

If the FPLS obtains any information on the abducting parent, it will be returned to the State 

Parent Locator Service (or locallocator service) and then to the authorized person. Federal 

confidentiality laws require that the information obtained in the FPLS be used by the 

authorized person for official purposes and not given to unauthorized individuals. 

The FPLS charges 70¢ to process a parental kidnapping search. The state has the authority 

to charge an additional processing fee to cover its costs. Parents must be prepared to pay 

these fees at the time the request is submitted. 

For more detailed information about the use of the Federal Parent Locator Service, see the 

brochure entitled Just in case ... Guidelines 011 using the Federal Parent Locator Service in cases of 

pa~'ental kidnapping and child custody, available from NCMEC at 1-800-THE-LOST 

(1-800-843-5678). 

Each state maintains a State Parent Locator Service that performs a similar service 

searching for information about absent parents among the records of the state government. 

Not all states allow the State Parent Locator Service to be used in cases of parental 

kidnapping or child custody. Your state parent locator service can provide further information about record information in a parental abduction case. 

Passports and Visas Find out if a passport has been issued to the abductor or to your child. 

If so, ask what address is listed on the passport application. The Office of Citizenship, 

Appeals, and Legal Assistance, U.S. Department of State, is located at 1425 K Street, NW, 

Room 300, Washington, DC 20522-1705, (202) 326-6168. Also contact the embassies and 

consulates of any foreign countries that the abductor would be likely to visit to find out if 

the abductor has applied for any visas or foreign work permits. Determine what address is 

listed on the application and in what countries the abductor and child will be traveling. 

42 
Pet Licensing and Veterinarians If the abductor parent took the family pet or is likely to 

have acquired a pet, check the records of the local government agency that licenses pets in 

the area you believe the abductor to be living. If the abductor took the family pet, it may be 

productive to contact the local veterinarian and ask to be alerted if he or she receives a 

request for the inoculation records of your animal. If the abductor contacts the veterinarian, 

the police should be notified. Also check veterinarians in areas where the abductor may be 

living. Show pictures of the abductor or child and give copies to those who may be willing 

to help. 

Photograph Dissemination It is very important that parents have a clear recent photograph 

of their child. It should be a close up ofthe face with a background that does not distract from 

the appearance of the child. A videotape ofthe child with a clear nondistracting background 

is also helpful. You will want to print a flier or poster of your missing child with a recent 

photograph and complete description including age, hair and eye color, height, weight, 

birthmarks, grade in school, hobbies, sports, and so on. Also include the telephone number 

for the police department investigating the case (obtain the department's permission first). 

If there is a warrant out for the abductor's arrest, include the warrant number on the flier. 

You may also want to include the abductor's picture on the poster. Send the flier or poster 

to the media, schools, and nonprofit organizations located in the area you believe your chlId 

to be living. Consider offering a reward for information that results in the child's safe return. 

See page 98 for a sample missing child flier or poster you can use. If the abductor has been 

charged with a crime, NCMEC can arrange for national distribution of your child's poster. 

Searching parents can write to the state superintendent of schools (or the secretary of 

education) in every state in the country for help in locating their children. You should send 

a photograph or poster of your abducted child with the child's complete description 

including age, date of birth, and last grade and school attended. Also send a copy of your 

custody order (certified, if possible) and indicate in your cover letter the warrant number 

of any criminal warrant issued against the abductor. Provide your name and telephone 

number at home and at work. Ask that the child's photograph and description be circulated 

throughout the state's school system. 

If the superintendent of schools is unwilling to circulate your child's picture, ask for a list 

of all the schools (public and private) in the state so that you can write to them yourself. Some 

nonprofit organizations serving missing and exploited children and their families may be 

able to help circulate your child's picture to school systems around the country. Also find 

out if the state superintendent of schools maintains information about students in home 

education programs and, if not, who in the state has that information. 

In the case of preschool-aged children, obtain a list of all preschools, licensed daycare 

centers, and babysitters and write to them. You may be able to obtain a list of licensed 

daycare providers from the state or county child-care licensing agency. 

Send a poster or press release and photograph of your child with a letter to after-school, 

child-care, recreation, and park programs; public libraries; Scouts; Campfire Girls; YMCA/ 

YWCA child-care and youth activity programs; homeless shelters; and any mayor's youth 

programs. Scouting organizations and state Parent Teacher Associations can provide the 

address of local chapters. Contact individual cities and counties to learn about their park 

and recreation programs as well as other civic child-care and youth activity programs. 

43 
Remember to send your child's photograph to private schools. If the state does not maintain 

enrollment records for private schools, the state education commissioner may have a list of 

private schools operating in the state. Obtain this list and send a photograph of your child 

to the head of each private school. If your search has focused on a particular location or if 

there is no statewide li~ting of private schools, contact the superintendent of each public 

school district for information about private schools operating in that district. Also check 

missing children's organizations and telephone directories for this information. 

In cases in which the child has been missing long enough for age to alter his or her 

appearance significantly, you may want to explore the possibility of having your child's 

photograph" age-enhanced." Using computer technology, medical knowledge, and photographs of parents or older siblings, it is possible to estimate how a child's features will 

change with age and to produce em "age-progressed" photograph or illustration. Further 

information about this technique and its availability can be obtained from NCMEC at 

1-800-THE-LOST (1-800-843-5678). 

Places of Worship Check with the church, synagogue, mosque, or other place of worship 

where the abductor had been a member to find out if there has been a request to forward 

membership information to a new place of worship. Check with similar organizations in the 

location where you think the abductor may now be. 

Postal Service Follow your local post office's procedures for discovering the abductor's 

forwarding address. If the post office has not been notified of an address change, ask if a hold 

has been placed on the mail. If so, try to find out who is authorized to receive the mail. See 

"Mail Covers" on page 29 and ask your police department to seek a mail cover if felony 

charges have been filed. 

Private Investigators If you are considering hiring a private investigator to help locate your 

missing child, it may be worthwhile to investigate the investigator first. You may want to 

check with your attorney for a referral. 

If a license is required in your state, make sure the detective has one. Contact the Better 

Business Bureau or Consumer Protection Office to make sure that the investigating agency 

or detective is reputable, and find out if any complaints have been ~ade. Ask the detective 

for references and check them. Avoid any detective (or lawyer) who promises to perform 

a "snatch back," as this is disruptive and harmful to the child and may prejudice the legal 

case of the parent who authorizes such conduct. In some states a "snatch back" is a crime. 

Another way to find a trustworthy and effective private investigator is to ask missing 

children's organizations for their recommendations. Some missing children's organizations 

employ a private investigator as a consultant. Talk to other victimized parents who have 

used the investigator. Once you have hired the investigator, notify all those working on the 

case, such as the police and the District Attorney. Search activities should be coordinated to 

the fullest extent possible to avoid costly and time-consuming duplication of services. 

44 
Warning: It is a good idea to have your lawyer review any contract with the investigator 

before you sign it or pay any money. Many people have complained about contracts with 

no limit to the fee or that do not provide protection against unauthorized add-on fees. Be 

sure to negotiate a fee before signing the contract, and include the fee within the written 

contract. You can request the court to have these fees included in a court ordered reimbursement from the abductor when the case is concluded. 

Probation and Parole Officers If the abductor had been on probation or parole for a prior 

offense, check with the local probation and parole office to see if the abductor has reported 

a new address. If they have no new address, they may also be willing to provide assistance 

in locating the abductor who may be in violation of the terms of the probation or parole. 

Professional Licenses If the abductor practices a profession (for example, medicine) or a 

trade that requires a state or county license, contact the state or county licensing board where 

you think the abductor may be living. Ask if a license has been issued to the abductor and 

where in the state the abductor is practicing. Request to be alerted if an application for a 

business license is received. Contact professional associations (bar and medical associations) if membership is needed to practice the profession in that state. 

Rental Cars Sometimes the abductor will rent a car or van to leave the area. Check with area 

car and truck rental agencies to determine whether a vehicle has been rented and, if so, when 

and where it was returned. 

School Records Federal law, the Family Educational Rights and Privacy Act (FERPA) 20 

USC § 1232g, permits a parent to find out from school officials whether his or her child's 

school records have been transferred to a new school 01 if copies have been sent to the other 

parent. If the records have been forwarded to a new school, the parent is entitled to learn the 

name, address, and telephone number of the ne ;'1 school. Once that school is contacted the 

parent is entitled to the child's new address and telephone number. When you contact the 

school officials, state clearly that because you are the child's parent, FERPA entitles you to 

the information. See page 107 for the relevant FERPA text. Give the school officials the 

reference to the federal law . Ask them not to notify the other parent of your inquiry. See page 

99 for a sample letter requesting records under FERP A. For more information contact the 

Director of FERPA, FERPA Office, U.S. Department of Education, 400 Maryland A venue, 

SW, Washington, DC 20202-4603, (202) 732-1807. 

A parent can prevent the transfer of school records by giving the school a copy of a court 

order that specifically prohibits access to school records by the other parent. If the abductor 

parent then requests the transfer of the child's records, the records will not be transferred, 

and the custodial parent will be notified. 

The noncustodial parent may realize that his or her location is known to the victim parent 

when the school refuses to transfer the records. Therefore, you should carefully consider 

whether or not you want to prevent the transfer of records. Without preventing the transfer 

you can ask to be notified of any request for transfer of the records and y uu can find out the 

address of the requesting school. 

45 
A few school districts are performing computer match programs with their school enrollment and NCIC-MPF to identify missing children. If your school or your state department 

of education has no such program, you may want to join with other concerned parents and 

missing children's organizations to encourage them to start one. Further information can be 

obtained from NCMEC at 1-800-THE-LOST (1-800-843-5678). 

Several states have enacted laws requiring that certain government entities (such as school 

districts) "flag" the records of missing children. In the event that the agency receives a 

request for the school transcript of a missing child the school holding the record is to give 

the name and address of the person requesting the records to the investigating police officer. 

A state missing children clearinghouse or missing children's organization should be able to 

provide you with information about how your state law (if any) works and which agencies 

are required to participate. Usually the state laws only require the government agencies to 

"flag" the records if they are requested to do so by a law enforcement agency (which may 

include your state clearinghouse). Many agencies and organizations that are not compelled 

to do so by law will voluntarily do so if requested by a parent. You may consider seeking 

a court order directing agencies and other entities to "flag" records regarding the abductor. 

See the table entitled "State Missing Children Laws" on page 111 for a list of btates that have 

flagging statutes. 

School Reunions Contact the abductor's old schools for the names and addresses of the 

committee members of the school reunions for his or her class. Ask them to notify you if they 

obtain any information that would help you locate the abductor. 

Secretary of State Prior to opening a business the abductor may have to register with a state 

agency such as the secretary of state. Contact the state government to find out what 

paperwork must be filed with the state (such as fictitious name statements or articles of 

incorporation) and what state agency handles the paperwork. Then contact the appropriate 

agency in the state you believe the abductor to be living in to find out if it has any record of 

the abductor. 

"Skip Traces" Several companies in the United States perform "skip traces" to locate 

individuals for a variety of reasons. These companies usually check many of the resources 

listed in this chapter, but they may have access to others not listed or may be able to obtain 

access to records that are inaccessible to you. These companies commonly advertise their 

services in publications directed to lawyers. Your lawyer may be able to help you contract 

with a company for a "skip trace," or you may check for information in legal publications 

available in your closest law library. Note: Before contracting for a "skip trace," see the 

cautionary instructions given within the section elltitled "Private Investigators" on page 44. 

Social Security Number (SSN) In 1987 the U.S. Tax Code was revised to require that all 

taxpayers claiming an exemption for a dependent child provide the Internal Revenue 

Service with the child's SSN. Contact the Social Security Administration office in your area 

to determine if your child has been issued a Social Security card and, if so, where and to 

whom it was sent. If you cannot obtain this information directly from the Social Security 

Administration, request it by court order. 

46 
Telephone Records Byusing a subpoena or search warrant, the prosecutor or your attorney 

may be able to obtain copies of the telephone company's records of toll or collect calls made 

by or received by the abductor prior to his or her departure. You may also be able to obtain 

copies of the telephone company's records of toll or collect calls made or received by friends 

or relatives of the abductor before or after he or she disappeared with the child. Do some 

research before you apply for these records. Try to identify the events which would most 

likely trigger a call from the abductor such as birthdays, anniversaries, births, and deaths. 

Request the telephone records for those months. Also, do not forget to obtain the telephone 

records for the month of your child's birthday. Consider whether the grandparents or other 

close family or friends would call your child on his or her birthday. Do not forget to seek 

records from all long-distance carrier~ such as AT&T, GTE, MCI, and Sprint. 

Check telephone operators for new listings. Also check telephone books in any area you 

believe the abductor to be living. You can usually obtain telephone books for any area from 

the telephone company or the public library. Try the abductor's married name, maiden 

name, and variations of the name, for instance the first and middle names only. 

Check for records on collect calls the abductor may have made. Ask the operator for time 

and charges and try to get the number from which the call was made. 

Title Searches If the abductor owns property, a title search (conducted periodically) may 

uncover either a sale of that property or aloan obtained by the abductor using that property 

as collateral. To conduct a title search, review the records of state or local agencies recording 

transfers of title for real estate. If these records indicate a transfer or a loan but not a current 

address for the abductor, you should note the escrow company, title company, or settlement 

attorney and the escrow number and review the escrow instructions pertaining to this 

transaction. 

In the case of a sale or loan, find out where the proceeds have been sent. If the proceeds have 

been sent to a third party, pursue the funds through the third party's financial records to 

learn where they were transferred. If you believe that the abductor is living in a particular 

area, you may want to conduct a title search of nearby counties to find out if the abductor 

has purchased a new horne. 

Also check with real estate agents or apartment leasing companies in any location in which 

the abductor might be living. Do not forget to check the records of the state or local agency 

taxing real estate for address information on where the tax bills are being sent. 

Tracing Calls You may want to consider asking the local telephone company security office 

to place a "trap" on your telephone or the telephone of the abductor's friends or relatives 

(if they will agree). The telephone company may be willing to do so if the abductor calls 

regularly. A "trap" is a mechanical device that allows the telephone company to trace calls. 

It is not an illegal" tap" or "bug" of the telephone. Have the person whose telephone line is 

/I trapped" keep a notepad next to the telephone and record the date and time any telephone 

calls are received from the abductor. The telephone company will give any trace information 

on the call to the police. In some areas the telephone company offers 1/ caller-ID" that will 

identify the number that the other party is calling from. 

47 
Traveler's Checks Write or call traveler's check companies to determine whether checks 

have been purchased by the abductor. If so, ask to be kept informed of the date and place 

the checks are cashed. 

Underground Organizations If charges of abuse have been raised against you, the abductor 

might have contacted an "underground" network that could be providing support and 

assistance to the abductor. Some groups are well organized and can provide airfare, safe 

houses, false identities, and other support. Although the left-behind parent may have great 

difficulty in penetrating this network, he or she should be on the lookout for any signs that 

such groups are helping the abductor. Share this information with the investigating law 

enforcement agency. 

Unemployment Compensation and Other Benefit Files Ask state benefit programs to 

check the abductor's name and SSN against the records of state benefit programs such as 

State Unemployment Compensation, Worker's Compensation, Wage-Credit, Aid to 

Families with Dependent Children (AFDC or ADC), food stamps, or other welfare 

programs. You may have more success with these agencies if you contact their Security or 

Fraud sections. Confidentiality provisions, especially with respect to welfare and AFDC, 

may make access to this information difficult. If you are unable to check these files directly, 

see if you can do so by utilizing your State Parent Locator Service. See "Parent Locator 

Services" on page 41. If you still cannot obtain this information the police may be able to 

obtain it for you. You may have to seek a court order. Note: If the abductor parent has lodged 

a report of domestic violence or child abuse against you with these agencies, you may have 

greater difficulty obtaining information from them. . 

Union Records Depending on the occupation of the abductor parent, union records may 

provide a good lead. If the occupation requires the use of an intermediary or agent, you may 

want to examine his or her records pertaining to the abductor. When failure to pay union 

dues affects the ability to work, or when reinstatement is difficult, the abductor may arrange 

to continue payment. Check to find out how dues are paid and when the next payment is 

due. Ask to be alerted if contact is made by the abductor. Also check union locals in areas 

in which you think the abductor is living to find out if the abductor has asked for assistance 

in getting work or has requested any services available to members. You can find out 

information about national union offices in the Encyclopedia of Associations, available at most 

libraries. 

Utility Companies Once you think you have located the abductor telephone, electric, and 

gas companies may be willing to tell you if a new account has been opened in the abductor's 

name. Police investigators may be able to obtain this information if you cannot. Also find 

out what arrangements have been made to return the deposit for utility services at the 

former residence to the abductor. 

Veterans Administration If there is a possibility that the abductor may be receiving benefits 

or medical treatment through the Veterans Administration, check with them for the most 

current address they may have for the abductor and for information on which V A facilities 

the abductor may have recently visited. 

48 
Voter Registration Check the voter registration records in any state in which you believe 

the abductor parent to be living. These records may be kept by the state or by the local 

government agencies. . 

Western Union Check to see if any money has been wired to the abductor. If so, try to obtain 

the location to which the money was sent and the person and location from which the money 

carne. 

Women's Shelters Like underground organizations, women's shelters may be providing 

assistance to a female abductor who has made allegations of abuse against you. Shelters 

keep information on any resident strictly confidential and you may encounter resistance in 

determining if the abductor and the child are being helped. 

Pursue All Legal Means Available 

There are many avenues to pursue in developing information on the possible location of the 

abductor and the missing child. The searching parent should work with his or her attorney, 

the prosecutor, and the investigating officer as information and leads are developed. Using 

legal means to obtain information will prevent improper actions from later hurting the 

searching parent's chances of recovering the child when located. 

49 
Information Source Checklist 

Infonnation Source Telephone Name of Contact Date Date Court 

or Address Person Contacted Received Order 

Required 

Airlines, Bus, Train 

Alcohol and Drug 

Rehabilitation Centers 

Babysitters 

Banks 

Birth Records 

Clubs and Organizations 

College and Trade School 

Records 

Computerized Databases 

Court Records 

Credit Bureaus 

Credit Cards 

Cross-Directories 

Customs Service 

Daycare Centers 

Department of Motor 

Vehicles (DMV) 

Employers 

"Forward a Letter" 

Program 

Firearm Registrations 

Friends and Relatives 

Garbage 

Hangouts 

Hunting & Fishing 

Licenses 

Immigration & 

Naturalization Service 

Insurance 

Loans 

Magazine Subscriptions 

Marriage License 

Application 

Media Coverage 

Medical Records 

50 
Information Source Telephone Name of Contact Date Date Court 

or Address Person Contacted Received Order 

Required 

Military Locator 

Services 

Office of Personnel 

Management 

Parent Locator Services 

Passports & Visas 

Pets 

Photographs 

Places of Worship 

Postal Service 

Private Investigators 

Probation & Parole 

Professional Licenses 

Rental Cars 

School Records 

School Reunions 

Secretary of State 

Skip Traces 

SSN ~ 

Telephone Records 

Title Searches 

Tracing Calls 

Traveler's Checks 

Underground 

Organizations 

Unemployment & Other 

Benefit Files 

Union Records 

Utility Companies 

Veterans Administration 

Voter Registration 

Western Union 

Workers' Compensation 

Women's Shelters 

51 
5. Legally Recovering Your Child 

Once you have located your child the next step is to get your child back legally. In almost 

every case you will need a custody decree. If you have not already filed for temporary or 

permanent custody, do so immediately. See "Custody and Visitation" on page 1. A decree 

awarding you temporary custody can be enforced in the same way as a decree awarding you 

permanent custody. Once you have a decree, make sure that you file it in the state in which 

your child is located. 

Warning: Do not commit any illegal actions. This could hurt your chances of recovering 

your child. For instance, do not break into the noncustodial parent's house and snatch the 

child back. Instead of going safely home with your child, you could find yourself facing a 

number of criminal charges including disturbing the peace, burglary, assault and battery, 

and so on. 

Voluntary Return 

In the last several years Child Find of America, Inc., has developed a conflict resolution 

program that utilizes a toll-free telephone number to offer professional mediation services 

to parents who have abducted their own children. Child Find has found that telephone 

mediation may be effective when face-to-face mediation is impractical. Pro bono mediators 

(i.e., no fee) offer a parent the opportunity to workout differences with the other parent and 

act as a go-between for the in-flight parent and the left-behind parent in an effort to return 

the child to a legal environment. 

Once both parents agree to mediate and sign a commitment to do so, a voluntary professional mediator is assigned and the process begins utilizing the toll-free telephone number 

1-800-A-WAY-OUT. If warrants are outstanding, court and law enforcement officials are 

informed of the mediation, goals of the program, and name and address of the mediator. 

Child Find's experience has been that court and law enforcement agencies have generally 

been willing to let parents work things out themselves through the mediation process. 

You do not need a custody decree to negotiate with the child's abductor, but it will improve 

your bargaining position. In addition the decree will provide the framework for custody 

and visitation rights once the child is back with you. You should not rely upon any oral or 

written agreement with the abductor. You should have a court order that sets forth the 

agreement you reach. 

Police Assistance 

In a few states the police are directed by law to return a child to the lawful custodian when 

the abductor is arrested. While most state laws do not require thi<J, many police officers will 

turn your child over to you as long as they are not prohibited by law from doing so. This is 

true whether or not the abductor has been criminally charged. 

53 
The custodial parent usually has to furnish a certified copy of the custody decree and proper 

identification. It may be necessary to file a custody order with the local court in that state. 

It is also a good idea to have the child's birth certificate and a photograph of the custodial 

parent with the child. Normally the custodial parent must actually be present in the state in 

order to ask for police assistance and to pick up the child. 

Civil Legal Actions 

If the police and prosecutors either cannot or will not help you recover your child and 

voluntary return is out of the question, you will have to start a civil (noncriminal) action to 

enforce the custody decree. The legal grounds for enforcing the custody decree are found 

in the Uniform Child Custody Jurisdiction Act (UCCJA) and Parental Kidnapping Prevention Act (PKP A). Information about each act is found on pages 104 and 105 respectively. 

Enforcing Your Custody Decree If your child is abducted to another state, it may be 

necessary to bring a legal action in that state to enforce your custody decree. A valid custody 

decree should be enforceable in every state under the UCCJ A, the PKP A, or both. These two 

laws give the victim parent the legal grounds to have a child returned from an abductor 

parent who has taken the child to another state. 

The UCCJA requires state courts to recognize and enforce custody orders made by courts 

in other states in compliance with its provisions. It also establishes a procedure for filing a 

certified copy of a custody decree in whatever state you seek to have it enforced. This 

procedure may be called a registration of foreign custody order. 

Your lawyer can register the order for you, or you can do this yourself if you send a proped y 

authenticated copy of your custody order to the Clerk of the Court in the county, district, 

or parish of whatever state you are seeking enforcement. You should pay the appropriate 

filing fee at the time you send the copy. Call the Clerk of the Court first to find out what 

documents and fees to send. If the Clerk of the Court is unfamiliar with this procedure, send 

a copy of the section of the UCCJA in effect in that state that authorizes this process. 

Once a court order is filed it is treated as if it were an order made by the courts in the state 

in which it was filed and can be enforced by whatever methods a local order can be enforced. 

The proper procedure for enforcing your custody decree depends upon the state in which 

enforcement is sought. In some states a "writ of habeas corpus" is used, while" contempt" 

proceedings are used in others. Some states recognize a "petition for enforcement." Check 

with the Clerk of the Court where registering the order for information on the appropriate 

procedures in that court. If the Clerk of the Court is not able to assist you, consult with your' 

lawyer. 

The PKP A is especially helpful in enforcing custody decrees that were made in the child's 

home state. This law requires state courts to enforce and not modify custody decrees made 

in conformity with the requirements of the PKP A. 

Note: The jurisdictional provisions of the UCCJ A and the PKP A are not identical. Under the 

PKP A, a custody determination made by a "home state" court has priority over a decree 

made by a state exercising "significant connection" jurisdiction in accordance with the 

UCCJ A. If the provisions of the federal PKP A are followed, the resulting decree is valid and 

54 

-----~ 
enforceable nationwide. It must even be enforced by a court that issued a conflicting custody 

decree while exercising jurisdiction consistently with the state UCCJA. If the provisions of 

the PKPA and the UCCJA are not followed, the resulting decree is not valid and is not 

entitled to be enforced by other state courts. It is important to understand that both the 

UCCJA and the PKP A assume that the courts of the second state might hold a hearing solely 

to determine whether your custody order is valid. To be valid and enforceable the order 

must have been made in compliance with the Jurisdiction and Notice requirements of the 

applicable laws. 

Hiring a Lawyer in the Second State Parents who have represented themselves up to this 

point should seriously consider hiring a lawyer to enforce the custody decree in the state to 

which their child was taken. Experienced counsel may be crucial to getting the child 

returned. If you already have a lawyer, he or she may be able to represent you in the second 

state iflicensed to practice law in that state or if the lawyer obtains permission from the judge 

in that state. The main advantage to using your original lawyer is his or her familiarity with 

the case. The drawback is that your lawyer may be unaware of practices and procedures 

unique to the other state. 

An error or oversight by your lawyer could lead the judge to rule against your request to 

enforce your custody order. You should, therefore, consider hiring a lawyer in the state 

where your child is located-either to handle the case or to assist your original lawyer. Your 

original lawyer may be able to recommend a lawyer in the second state. You may want to 

have your original lawyer appear as co-counsel with the new lawyer, especially if the case 

history is long and complicated. 

Note: An enforcement proceeding should not reopen the case concerning the merits of the 

current custody decree. The court, however, may examine the validity of your custody 

decree to determine whether it was issued by a court having jurisdiction and whether notice 

was given to all custody contestants. 

Will the Federal Courts Force the State Courts to Enforce My Custody Decree? Unless the 

U.S. Congress enacts a law giving a custody contestant the right to ask the federal courts 

which of two state courts has the authority Gurisdiction consistent with the PKPA) to make 

or enforce custody and visitation orders, the federal courts will not intervene. This is the 

result of a 1988 U.S. Supreme Court decision, Thompson v. Thompson. The U.S. Congress may 

consider legislation to change Thompson in the near future. For more information on changes 

to the PKPA contact the National Center for Missing and Exploited Children (NCMEC) at 

1-800-THE-LOST (1-800-843-5678). 

Attorney's Fees Your petition for enfm:cement should also contain a request for attorney's 

fees and other expenses you incurred in trying to locate and recover your child. In addition 

to ordering the abductor to return the child, the court may order the abductor to pay the 

victim parent's legal costs and other expenses. 

Pick-Up Order There may be some risks to using the legal system to enforce a custody 

decree if the abductor is likely to flee upon receiving notice of the enforcement proceeding. 

You can, however, petition a judge (usually a judge in the state in which your child is 

located) for a pick-up order directing law enforcement officers to pick up the abducted child 

and take the child to the judge for temporary placement, usually with the searching parent, 

55 
until the enforcement hearing. A pick-up order may be called a writ of habeas corpus, a writ of 

enforcement, a writ of attachment, or a warrant in lieu of a writ of habeas corpus, among other 

terms. 

Most states will.allow you to obtain an ex parte order for law enforcement to pick up the child 

and place the child temporarily (see "Temporary Care for the Child" below) until the 

enforcement hearing can be held, if you can provide convincing evidence that the abductor 

is likely to flee with the child prior to triaL Some examples include prior abductions, threats 

of abduction, and evidence that the abductor has 

• quit a job 

• sold a home 

• terminated a lease 

• closed a bank account 

Ex parte orders are orders obtained without notice to the other parent. They are always of 

short duration and are followed by a hearing in the court issuing the order. Notice of the full 

enforcement hearing is usually served by the police on the abductor parent at the same time 

the child is picked up. 

Modifying the Custody Order Another risk associated with enforcement actions is the 

possibility of the abductor filing a counter-daim asking for modification (change) of the 

custody decree. Fortunately, though, the custodial parent should be able to stop the court 

from hearing a request for modification if the enforcing court lacks jurisdiction to modify. 

A court that is required by the DCCJA, the PKP A, or both to enforce another court's custody 

determination does not automatically have jurisdiction to modify that custody order. Only 

certain states have the right to modify existing decrees under the DeCJ A and the PKP A. The 

searching parent's lawyer can file a motion to dismiss the counter-claim to modify the 

decree if the court is prohibited from modifying the order by the DCCJ A or PKP A. This may 

slow things down, but it should not hurt the outcome of the enforcement proceedings. 

Temporary Care for the Child If you cannot be present to pick up your child, you may be 

able to designate a relative or other adult to take the child temporarily. Check in advance 

with the police, the prosecu tor, your lawyer, or the judge issuing the pick-u p order. The state 

missing children clearinghouse (if available) or a missing children's organization in that 

area may be familiar with local practice. 

You may be able to request the county child protective services agency to take temporary 

custody of your child, if state law permits. The role of the child protective services agency 

(which ordinarily cares for abused, abandoned, or neglected children) is simply to house 

and transport the child after he or she has been recovered. If you must apply for assistance 

to the child protective services agency, thoroughly discuss your situation in advance, as 

local social workers may be unfamiliar with parental abduction. You may want to discuss 

with them the consequences of alerting the abductor to your actions. In some states it may 

be necessary to present evidence that the child is abused, abandoned, or neglected before 

it will be possible to involve the child protective services in caring for the child. 

56 
Check the telephone directory under County Government for the local child protective 

services agency. It may be known as the child abuse and neglect office, the office of social 

services, or the office of human resources. You can also call the family court for a referral to 

this agency. 

It is helpful to have the judge include in the original custody order a provision directing 

appropriate officials of every state to take whatever actions are necessary to enforce the 

court order including taking custody of the child. Even if the custody order c0ntains such 

a provision, however, parents should try to be present to pick up the child in order to 

minimize any trauma. 

A state missing children clearinghouse (if available) or missing children's organization in 

the area in which your child is located may be able to help with suggestions for other 

placement alternatives. Some parents have obtained assistance through the church or 

synagogue in their area or the community in which the child is located. 

Some companies such as Greyhound, Quality Inns, and American Airlines have programs 

that provide assistance to parents who must travel to recover their missing children. Contact 

NCMEC at 1-800-THE-LOST (1-800-843 .. 5678) to determine if you are eligible for assistance 

from one of these programs. . 

Special Enforcement Pwblems If the Abductor 15 in tI)e Military ilnd Stationed OV~rseas 

Special problems in enforcement of a custody order rn~y arise when a member of the 

military on active duty takes the child to a duty station overseas. State courts have little 

authority to enforce their orders overseas. Assuming tha~ it is financially possible for the 

victimized parent to litigate in a foreign COUI't, members of the U.S. qrmed fOrcefi are 

generally protected against lawsuits (including those to enforce American custody order&) 

brought in the civilian courts of the country in whkh they are stationed by treaties qllled th~ 

Status of Forces Agreements (SOFAs), 

Failure to comply with c;ustody or visitation orders is not generally rC?garqed by the U.S. 

armed services as cause for disciplinary action agains~ the service memper. Nor, surprisingly, is the existence of state criminal arrest warrants for custodial intl3rference a CR-use for 

disciplinary action. The armed services !TIay be mOl;€:! cooperative if a federal Unlawftll 

Flight to A void Prosecution (UF AP) warrant has been issued fOT the abd1,1ct9r. 

Department of Defense Directive 5525.9, which is ~odified at 32 C.F.R, Part 146, identifies 

procedures for the return to the U.S, Department of Defense (DoD) members serving 

overseas, and other actions with regard to DoD employees and family members, who have 

been held in contempt of court for failure to obey q court ordert have been ordered to show 

cause by a court why they should not be held in contempt of court for failing to obey a court's 

order, Or have been charged with or convicted of a felony. They may incIllde individllflls 

who unlawfully remove· a chilq from the cllstodial parent to an overseas installation. In 

appropriate cases, the service m~mber is required, and the employee and family member is 

strongly encouraged, to return to ~he United StFltes to n~pprt to th~ court in which custody 

was granted, Further inf9rmation on the US€! and proc€!dllreS of this Piref:tiye can be 

received through the installation's Legal Assistf!flCe Office. 

57 
Self-Help Recovery: Is it Advisable? 

In some places, once you have filed your custody decree, you may be allowed to go and get 

your child as long as you commit no criminal acts in the process (such as disturbing the peace 

or breaking and entering). Check with a lawyer and the police or a local prosecutor to see 

if self-help recovery is legal there. If the answer is yes, it is still a good idea to ask the police 

to accompany you when you pick up your child. 

If there is any doubt about the legality of self-help recovery, you should file a petition with 

the local court to enforce your out-of-state custody decree. When the judge rules in your 

favor, he or she will issue an order directing the abductor to return the child to you. Ask the 

judge to include in the court order an instruction directing the police to II accompany and 

assist" you in recovering your child. 

:l' 

58 
6. International Child Abduction 

International child abduction cases are among :~:e most complicated and frustrating of 

parental abductions. Foreign courts often do not honor custody orders, including restraining orders, issued by courts in the United States. The U.S. Department of State has received 

reports of more than 5,000 children, who are citizens of the United States, who have been 

taken or detained abroad since 1973. It is estimated that at least 500-600 children a year will 

be taken or detained in an international child abduction. 

The most important development in international parental kidnapping cases is the United 

States' participation, as of July I, 1988, in the Hague Convention on the Civil Aspects of 

International Child Abduction. The treaty provides that, subject to certain exceptions, a 

child who has been wrongfully removed or retained in a ratifying country should be 

returned to the ratifying country where the child habitually resided prior to the wrongful 

removal or retention. See page 66 for a full description of the Hague Convention. 

Many, if not most, of the cases reported to the U.S. Department of State involve a parent who 

was born or raised in a foreign country or who has close family, business, or religious ties 

to a foreign country. Foreign parents who have been assimilated into the United States' 

culture as adults may feel strongly that their children should be raised as they were. There 

may be sharp religious or cultuml conflicts between the two parents. 

Children born to a foreign parent may have dual citizenship-that is, in addition to being 

a citizen of the United States, they may also have the citizenship of the foreign parent. This 

may be true even if the foreign parent has become a naturalized citizen of the United States. 

Foreign governments may therefore help the foreign parent obtain foreign passports and 

other visa and exit and entry permits for the children. Many foreign governments believe 

that children of their nationals should be raised in the home country. 

A significant minority of cases of international child abduction, however, involve a child 

born to two parents who are citizens of the United States. In those cases the abducting parent 

relies on the fact that it will be more difficult to find the abductor and child once abroad, and 

the searching parent will have great difficulty in enforcing the custody order in foreign 

couTts. 

Preventing an International Child Abduction 

Prevention Provisions in the Custody Decree To prevent an international child a~duction 

include a provision in the custody decree specifically prohibiting the removal of the child 

from this country. This provision may be useful in preventing the issuance of a passport 

from any country or other travel documents to your child. 

Also include a provision in the court order requiring the noncustodial parent to post a bond 

to ensure that the child is not taken abroad or to ensure that the child is returned from a 

lawful visit abroad. In case you have not included such a provision in the initial custody 

decree, consider filing a motion to have the court require the noncustodial parent to post 

such a bond before any international travel with the child is permitted. The bond should be 

59 
large enough to discourage an abduction and should take into account the financial status 

of the potential abductor. In the event that a cash bond is inappropriate, consider placing 

title to property in escrow. Be sure that you review the advice given in "'Post a Bond" on page 

7. 

If possible ask that a foreign parent obtain an order or decree from the government or courts 

of his or her home country recognizing the validity of the court order issued in the United 

States and acknowledging that the United States has exclusive continuing jurisdiction over 

the ~ustody matter for any modifications of the order. The order or decree should also 

stipp.late that, upon expiration of any foreign visits, the government or courts of that foreign 

country will order the child returned to the United States. If the foreign parent will not do 

so voluntarily, and if you have not obtained this kind of provision in the original custody 

decree, consider asking the court to order the foreign parent to obtain such a document 

1?efore any proposed interna,tional travel with the child. 

You n1CJ.Y find it necessary to request that the court in the United States restrict any visitation 

rights the noncustodial parent has until sufficient guarantees have been given that the 

parent will not abdq.ct the child. In the event that temporary suspension of visitation is not 

appropriate, consider asking for supervised visitation. 

Be sqre to ask the court to order the noncustodial parent to surrender his or her passport (and 

the child's passport, if in the possession of the noncustodial parent) to a designated person 

(the lawyer or Clerk of the Court, for example) prior to exercising visitation rights with the 

child. 

Foreign Policies and Practices If your former spouse or partner is not a citizen of the United 

States, contact the embassy or the closest consulate of his or her country and find out about 

the policies of that government regarding parental kidnapping and child custody. Foreign 

embassies are located in Washington, DC, and many countries maintain consulates in major 

American cities. Ask the representatives of the foreign country 

• 

• 

• 

• 

60 

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

States? 

will the foreign government assist in obtaining the return of a child unlawfully taken 

from the United States? 

what kind of assistance will the searching parent receive? 

how will the parent recover the child from the foreign country? 

are there any social, political, or religious attitudes (or unrest) in that society that 

may hinder efforts to recover the child? 

will the foreign government issue a foreign passport or other travel documents to the 

children at the request of the foreign spouse or partner? 
o 

will the foreign govemmQ-nt issue these travel documents if courts in the United 

States hClve forbidden the child's removal from the United States and a certified copy 

of the court order is sent to the embassy? 

will the foreign government (embassy or consulate) notify the searching parent if the 

foreign spouse Or partner applies for travel documents for the children? 

• what qm the searching parent expect if he or she has visitation rights and the 

abducting parent has custody? 

• 

• 

are the childron considered citizens of that foreign country as well as the United 

States (dual citi2;enship)? 

does the foreign spouse or partner retain citizenship in the foreign country-even 

!lfter he or she has become a citizen of the United States? 

what are the policies of the foreign government toward extradition if the former 

spouse or partner is charged in the United States with the crime of custodial 

interference? Will it make a difference if the abducting parent is charged by the state 

but not the federal authorities? 

will the foreign government cooperate less readily if you share custody with your 

former spouse or partner? 

If the embassy or consulate cannot provide you with answers to the above questions, ask the 

United States embassy located in that country for assistance or for a reference to an Englishspeaking lawyer in that country. Contact the Office of Citizens Consular Services, U.S. 

Department of State, Room 4817, Washington, DC 20520, (202) 736-7000, and ask if in the 

past the foreign country has been willing to honor custody decrees issued in the United 

States or help citizens of the United States recover their children. If that country has ratified 

the Hague Convention on the Civil Aspects of International Child Abduction, ask the U.s. 

Central AuthorHy in the Office of Citizens Consular Services for assistance. 

prevent the Issuance of a u.s. Passport You may be able to prevent the issuance of a United 

States passport to your child if you are the sole custodian or if there is a court order 

restraiI1ing the removal of the child from the United States. To do this, send a certified copy 

of your court urder and a written request for the denial of a U.S. passport to your child to 

the Office of Citizenship Appeals and Legal Assistance, Office of Passport Services, U.S. 

Department of State, 1425 K Street, NW, Room 300, Washington, DC 20522-1705. If you are 

pressed for time you can call them at (202) 326-6168, but you must follow your call with a 

letter and a copy of the court order without delay. 

If you do not have a custody or restraining order yet and you fear that your child will be 

taken immediately, call the Office of Passport Services and ask to be notified if your former 

spouse or partner applies for a passport for your child. The office may be able to "flag" its 

system and delay the issuance of the passport for a few days to enable you to obtain the 

necessary court orders. The flagging process applies to requests for U.S. passports made 

both within the United States and at United States embassies and consulates abroad. 

61 
If a passport has already been issued for your child, government regulations do not permit 

the Office of Passport Services to revoke your child's United States passport. In this event, 

request that the court order your child's passport surrendered or impounded. Then follow 

the above-described procedure to ensure that a replacement passport for your child is not 

issued. 

If your former spouse or partner is not a citizen of the United States, consider sending a 

certified copy of your custody decree to the embassy or consulate of your former spouse's 

coun~ry with a letter asking those officials not to issue a passport or visa for your child, and 

requesting to be notified if an application is made for a passport or visa for your child. No 

international law requires them to comply with your request, but many countries will 

voluntarily comply. A provision in the court order directing the foreign government not to 

issue travel documents may help, although the foreign government is under no legal duty 

to follow such an instruction from a court within the United States. 

Other Prevention Strategies Many parents fearful of, or experiencing, an international 

parental abduction have obtained assistance from a missing children's organization specializing in international abduction. Keep lists of information about your former partner and 

his or her friends and family, both in the United States and abroad. Keep a record of passport 

numbers, immigration status, and visa and work permit numbers. 

A parent who feels that his or her relationship to the child is threatened may be likely to 

abduct. Further, in international cases, a foreign parent may want the child raised within a 

certain culture or religion. As in all cases where parental abduction is threatened, a custody 

mediator may help to refocus the attention of the parents on what is best for the child and may 

assist in developing workable cross-cultural, child-rearing strategies. 

A void joint custody orders in families with citizenship in more than one country. If the 

foreign parent abducts the child to his or her horne country, an order called "joint custody" 

may be interpreted as authorizing the retention of the child in that country. If joint custody 

is nevertheless awarded, make sure that a "primary residential custodian" is named and 

that the order specifies where and with whom the child is to live at what times. 

What to Do in a Case of International Child Abduction 

First Steps You must obtain custody of your child if you have not already done so. Report 

your child missing to the police and have an entry made for your child in the FBI's National 

Crime Information Center -Missing Person rile (NCIC-MPF). Also report the child missing 

to the National Center for Missing and Exploited Children (NCMEC) and to the Office of 

Citizens Consular Services, U.S. Department of State, (202) 736-7000. Request a copy of the 

U.S. Department of State publication International Parental Child Abduction. Explore the 

possibility of having criminal charges filed against the abductor. If felony charges are 

possible, ask that the abductor be charged with a felony. 

Obtain a Federal. UFAP Warrant If felony charges are filed, ask the prosecutor to apply for 

a federal Unlawful Flight to A void Prosecution (UFAP) warrant. This requires assurances 

that your local prosecutor will pay the costs of extradition. If a UF AP warrant is issued, your 

chances of successfully locating the abductor and recovering the child are improved. 

Foreign governments may not be significantly impressed if criminal charges are brought by 

the state, but they may fear angering the United States government. 

62 
Revoke U.S. Passport If you have obtained a federal UF AP warrant for the abductor and 

he or she is traveling on a passport issued by the United States government, ask the Office 

of Passport Services of the U.S. Department of State to revoke the abductor's United States 

passport. This may not be a burden to an abductor who is a dual national. A United States 

citizen, however, becomes an undocumented alien in a foreign country once his or her 

United States passport is revoked. Many countries will deport, or at least harass, an 

undocumented alien. 

Even if a UF AP warrant has not been issued, a passport may be revoked if the holder of the 

passport is subject to a criminal court order, condition of probation, or parole-any of which 

forbid departure from the United StRtes, and the violation of which could subject the 

applicant to a provision of the Fugitive Felon Act. 

Contact the Immigration and Naturalization Service Abductors who are foreign nationals 

may attempt to return to the United States following an international abduction. Most of the 

Immigration and Naturalization Service (INS) border checkpoints are equipped with 

computers that have access to the FBI's National Crime Information Center computer's 

Wanted Person File (NCIC-WPF). (This file contains the names of persons charged with 

crimes only, and does not contain the names of missing children.) If a state or federal felony 

warrant has been entered into NCIC, the INS may be able to arrest the abductor parent when 

he or she reenters the United States. Police investigators should also ask that the abductor 

be entered into the INS "Look-Out Book." 

In 1990 the U.S. Congress passed a law that any alien who, after the entry of a custody order 

giving custody rights to a United States citizen, retains or detains the child outside the 

United States interfering with the custody rights of the other parent, who is a citizen of the 

United States, can be denied an entry visa into the United States as long as the child is kept 

out of the country. If the child is in a country that is a signatory to the Hague Convention, 

however, then this provision does not apply. 

If a foreign parent who abducts a child continues to hold a visa to enter the United States or 

has a United States work permit ("Green Card"), it may be useful to explore with INS the 

circumstances under which these permits may be revoked or suspended. Contact the 

Immigration and Naturalization Service (INS), 425 I Street, NW, Washington, DC 20536. 

ConsIder International Extradition If state felony charges have been issued against the 

abductor parent and your local prosecutor is willing to extradite, it may be possible to 

pursue international extradition. To explore the possibility of international extradition, 

your local prosecuting attorney may consult with the U.S. Department of Justice, Criminal 

Division, Office of International Affairs, 1400 New York Avenue, NW, Washington, DC 

20530, (202) 514-0015. 

The United States has renegotiated criminal extradition treaties with many countries 

specifically to include parental abduction as an internationally extraditable crime. Also, the 

U.S. Department of Justice will seek international extradition with many other countries 

whose treaties do not specifically exclude parental abduction if both countries agree to 

extradite such offenders. 

Note: Many countries, however, refuse to extradite their own citizens. 

63 
Be aware that although extradition proceedings may force the return of the abductor, they 

may not be effective in securing the return of the child. The abductor may return to the 

United States to stand trial while leaving the child with family or friends in the foreign 

country. 

If you cannot get the abductor extradited, a federal UF AP warrant may still be useful. It may 

serve to remind the abductor's country that the abduction of the child was in violation of 

United States law. You may also be able to obtain political benefits from the issuance of a 

UFAP warrant. 

Locating Your Child 

While searches in domestic cases are often complicated, expensive, and frustrating, a search 

in an international case can be even more difficult. Nonetheless, the following are sources 

of help in locating your child. 

Obtain Help from INTERPOL If criminal charges have been lodged against the abductor, 

your police department can request help from INTERPOL, the international police brokering 

agency. NCMEC acts as liaison with INTERPOL for cases involving missing children. Your 

investigating police officer should contact NCMEC (NCIC/NLETS ORI V A007019W) and 

request liaison services from the Case Management Division. The investigating officer can 

also contact INTERPOL directly at INTERPOL, U.S. Department of Justice, Washington, DC 

20530, (202) 272-8383 (NCIC/NLETS ORI DCINTEROO). 

INTERPOL can issue a blue notice which is designed to collect information about a person 

to verify an identity, obtain the particulars of someone's criminal record, locate someone 

who has not been fully identified, or locate someone for whom extradition may be requested. 

In cases in which state criminal felony charges have been issued and the prosecutor will 

pursue international extradition, the prosecutor or investigating police officer may wish to 

request the issuance of an international wanted notice, called an INTERPOL "Red Notice." 

A "Red Notice" is issued to police and border agents in foreign countries to which the 

abductor may travel. 

If the abductor can be arrested in a country from which extradition to the United States is 

possible, extradition of the abductor might be accomplished even though the abductor 

ordinarily resides in a country that will not extradite for this crime. 

Obtain Help from the u.s. Customs Service The U.S. Customs Service has a computer 

system linked with the NCIC-WPF at U.S. Customs Service checkpoints along the borders 

and in airports in the United States. Customs officials run "random sample" checks on a 

small percentage of citizens returning to the United States from abroad. In the event that a 

state or federal felony warrant has been entered into the NCIC-WPF, it is possible that the 

abductor might be arrested as he or she passes through a U.S. Customs Service checkpoint. 

64 

-----~ 
Obtain Help from the u.s. Department of State Request the U.S. Department of State to 

conduct a Welfare and Whereabouts check for you. United States embassy officials in the 

country in which the abductor is living will attempt to obtain information about the child's 

location and well-being from local government officials. 

To report your internationally abducted child to the U.S. Department of State and initiate 

a Welfare and Whereabouts check, contact the Office of Citizens Consular Services, U.S. 

Department of State, Room 4817, Washington, DC 20520, (202) 736-7000. Be prepared with 

all identifying information about the abductor and child. 

The United States embassy, as part of the Welfare and Whereabouts check, will send a 

consular official to visit your child quarterly (more often, if necessary). If the abductor 

parent refuses to allow the United States consular official to see your child, the official will 

ask the local authorities for help in seeing the child but cannot compel the local authorities 

to act. 

If the consular official cannot visit your child, he or she will ask the local social workers to 

do so. If there is evidence of child abuse or neglect, the United States consular officials will 

try to have the child removed from the home and child abuse and neglect proceedings 

initiated by the local government. If you have serious concerns about your child's health or 

welfare, you may consider contacting the International Social Services Organization. 

Information about their overseas branches may be obtained from the New York office at 95 

Madison Avenue, New York, NY 10016, (212) 532-5858. 

United States embassy officials, however, are not private investigators. Try to be as specific 

as possible about the abductor's likely travel plans or location. United States embassy 

officials will also seek information about your child's whereabouts from entry and residence 

records kept by local governments. In many instances, however, these records are not kept 

in an easily retrievable form by the abductor's country and, on occasion, the country will not 

release information from such records to officials of the United States. 

If a parent succeeds in negotiating the release of the child and obtains physical possession 

of the child, and there is no court order prohibiting the removal of the child from the foreign 

country, the United States embassy or consulate in that country can provide passports and 

assist such parents, who are citizens of the United States, in obtaining exit permits. Under 

certain circumstances, United States embassies and consulates will loan funds with which 

to travel home (repatriation loans) to United States' citizens who are stranded abroad. 

Search on Your Own There are many search techniques that you can use. Review Chapter 

"4. Searching for Your Child" which begins on page 33 and adapt the search strategies to 

international use. Seek out the advice of other parents victimized by international parental 

abduction. Contact a missing children's organization that specializes in international 

parental kidnapping. Discuss your case with your state missing children clearinghouse (if 

available). Ask for technical assistance from NCMEC at 1-800-THE-LOST (1-800-843-5678). 

If the abductor parent has assets remaining in the United States, consider bringing a civil 

child-snatching lawsuit against the abductor in United States courts and attaching his or her 

United States assets. This may serve as leverage to obtain the return of the child, and it may 

finance an overseas investigation or legal battle. See II Child-Snatching Lawsuits" on page 18. 

65 
If the abductor parent has received help from friends or relatives who remain in the United 

States or who have assets in this country, consider bringing a child-snatching lawsuit 

against them. If you obtain a judgment against them, attach their United States-held assets. 

If there is any hope at all that the abductor's friends or relatives are sympathetic to your 

cause, try to use their concern for your child's welfare to obtain their assistance. 

Try to trace the abductor's sources of financial support such as the proceeds of bank 

accounts, loans, and credit cards. If you are successful, you will usually find the abductor. 

Find out how the abductor left the country. Contact airlines, rental car companies, and so 

on. Show pictures of the abductor and your child. Do not forget to canvass U.S. Customs 

Service agents and border guards. Consider the possibility that the abductor did not take a 

direct route. He or she may have traveled to Canada or Mexico before boarding an airplane. 

Other sources of information that have proved particularly fruitful in past cases of 

international parental kidnapping indude mail covers, telephone bills, "flagging" of 

medical and school records, prosecution of accomplices, and use of the Federal Parent 

Locator Service (FPLS). 

The Hague Convention on the Civil Aspects of International Child Abduction 

The Hague Convention on the Civil Aspects of International Child Abduction is an 

international treaty governing the return of internationally abducted children. It was 

negotiated in 1980 and ratified by the United States in 1988. The Hague Convention became 

law in the United States on July I, 1988. 

The Hague Convention (Child Abduction Convention) provides for the prompt return of 

internationally abducted children, usually to the country of their habitual residence, subject 

to very limited exceptions. Custody decisions are to be made by the courts of the country 

of the child's habitual residence. The Convention establishes new administrative and 

judicial remedies to secure the return of an internationally abducted child and to facilitate 

the exercise of visitation rights across international borders. The remedies established under 

the Convention are not exclusive. A parent can file any other authorized court action for the 

child's return in addition to, or instead of, pursuing remedies established by the Convention. 

Each ratifying country must establish a Central Authority to help parents in locating and 

securing the child's return. In the United States, the Central Authority is the Office of 

Citizens Consular ServIces, U.S. Department of State, Room 4817, Washington, DC 20520, 

(202) 736-7000. Parents should contact the U.S. Central Authority for instructions on how to 

proceed under the Hague Convention. 

The Hague Convention will govern the return of the child onlyifboth countries have ratified 

the Convention. As of the printing of this book the Convention is in force in Argentina, 

Australia, Austria, Bahamas, Belize, Burkino Faso, Canada, Denmark, Ecuador, France, 

Germany, Greece, Hungary, Ireland, Israel, Luxembourg, Mauritius, Mexico, Monaco, the 

Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Spain, Sweden, Switzerland, the United Kingdom, United States, and Yugoslavia. Although Yugoslavia became a 

66 
party to the treaty in 1991, it had not established a Central Authority to process applications 

before the country's dissolution. Croatia, one of the former Yugoslav republics, has, 

however, established a Central Authority. Contact the Office of Citizens Consular Services 

at (202) 736-7000 or NCMEC at 1-800-THE-LOST (1-800-843-5678) for updated information 

about countries ratifying the Hague Convention since publication of this book. 

The Hague Convention will apply only to cases occurring after its entry into force in both 

countries, and it is not expected that all countries will ratify. Nonetheless, it sets international policy condemning parental abduction and seeks promptly to restore children to their 

pre-abduction circumstances, thus limiting the harm they suffer as a result of the abduction. 

It also provides international laws and procedures for the resolution of these difficult 

disputes. 

Parents whose children have been abducted to countries that have not ratified the Convention or whose cases arose prior to ratification by the United States must pursue other 

avenues to secure the return of their child. 

The United States has enacted federal legislation that explains how the Child Abduction 

Convention is to be implemented in the United States. The International Child Abduction 

Remedies Act, P. L. 100-300,42 USC §§ 11601-11610. A description of the Act is found at page 

107. 

Recovering Your Child 

Some countries, particularly those with which we share a common culture and heritage, 

may be receptive to arguments in favor of returning children. Several European countries, 

Canada, Australia, and New Zealand officially oppose parental kidnapping. If the Hague 

Child Abduction Convention is in effect, the prompt return of abducted children is required. 

If not, the cultural and religious conflicts between the United States and certain other 

countries may make your task very difficult. Some of your legal options include 

o 

• 

• 

• 

• 

going to court in the foreign country and requesting that they honor your United 

States custody decree 

going to court in the foreign country and asking that court to award you custody in 

the best interests of the child (as judged by their standards) 

accepting the situation and, perhaps, being allowed visitation 

negotiating with the abductor and his or her family 

securing political support within the United States to give you leverage in the 

foreign country 

You should discuss your lawful options with those most familiar with international 

kidnapping and the country in which the abductor is living. The U.S. Department of State 

Office of Citizens Consular Services may be a good source of information about the policies 

and customs of foreign countries. Obtain from the agency all possible information about 

what actions have worked in the past. 

67 
Dealing with Foreign Legal Systems If you decide to litigate in a foreign court, you may 

obtain a list of foreign lawyers from the Office of Citizens Consular Services at the U.S. 

Department of State, (202) 736-7000. United States embassies abroad have compiled a list of 

foreign lawyers who speak English and who are willing to represent citizens of the United 

States. They mayor may not have chUd abduction dr child custody experience. Other 

sources of referrals to foreign lawyers include 

• the International Academy of Matrimonial Lawyers, U.S. Chapter, 211 Congress 

Street, Suite 400, Boston, MA 02.1iO, (617) 542-3881 

• the Family Law Division of the International Bar Association, c/o 6950 North Fairfax 

Drive, Arlington, VA 22213j (703) 532-9300 

• the bar associations of I:he foreign country in question 

• the International Legal Defense Counsel, 111 South 15th Street, 24th Floor, Packard 

Building, Philadelphia, PA 19102, (215) 977-9982 

The Office of Citizens Consular Services and the United States embassy can provide you 

with general information concerning how to serve process, obtain evidence, or 'have 

documents authenticated abroad. Diplomatic officers cannot represent you, nor can they 

give you legal advice, but they can perform certain liaison services on your behalf. 

If you seek to have your custody order, as issued in the United States, recognized in a foreign 

court, your lawyer should be familiar with the principles of comity, in which courts of 

different nations recognize each other's orders. Comity is voluntary, not mandatory, and 

usually requires reciprocity. In other words, citizens of the United States seeking to have 

their United States court orders recognized by a foreign court must prove that courts in the 

United States will recognize and honor orders made by foreign courts. 

Your attorney should be familiar with Article 23 of the Uniform Child Custody JUrisdiction 

Act (Ucq A), which requires thatforeign custody orders be honored in courts in the United 

States if the foreign court proceedings were conducted with notice to all affected persons 

and an opportunity to be heard. Article 23 of the UCqA was enacted by all states except 

Missouri, Ohio, Oregon, and South Dakota. A summary of many of the international 

custody cases under the UCqA can be obtained from the Office of Citizens Consular 

Services, (202) 736-7000. NCMEC's Legal Department is also available as a resource at 

1-800-THE-LOST (1-800-843-5678). 

Do Not Attempt a "Snatch Back" Newspaper articles from time to time relate stories of 

parents resnatching their child from foreign countries. Such a course of action is strongly 

discouraged. It is dangerous both for the child involved and the parent attempting a snatch 

back and can be very expensive. As is further described in Chapter 1'7. Psychological Issues 

in Recovery and Family Reunification," which begins on page 71, the psychological effects 

of the abduction can have a serious effect on the well-being of the child and the left-behind 

family. Attempting a snatch back can only cause further substantial risk of physical and 

emotional harm to the child and the parent. 

68 

--~ 
Many countries closely regulate their borders and may maintain special lookouts for 

children likely to be re-snatched. Officials of the United States stationed in the foreign 

country will be unable to assist a parent, who is a United States' citizen, who is attempting 

a re-snatch. If a parent is caught attempting a" snatch back," he or she could be arrested and 

imprisoned in foreign jails. If the parent is not imprisoned, he or she may be deported. 

Deportation, however, may preclude any future visitation with the child in that country or 

elsewhere. 

69 
7. Psychological Issues in Recovery 

and Family Reunification 

This chapter was written by Chris Hatcher, Ph.D., of the Center for the Study of 

Trauma in San Francisco, California, and JoAnn Behrman-Lippert, Ph.D., of the 

Western Center for Child Protection in Reno, Nevada. 

During the period of a family abduction searching parents actively engage in the search 

process for their missing child and experience considerable distress and concern over their 

child's welfare. Fortunately many ofthese children are recovered and returned home. Each 

searching parent looks forward to the day of the child's recovery. To assist the searching 

parent and family in the reunification process, this section will describe the psychological 

issues involved in child recovery and family reunification, make recommendations for 

arranging the initial reunification meeting, and describe psychological issues after reunification. 

When children who have been abducted by a parent are recovered there are three important 

factors that will affect the child's ability to successfully return horne and reenter the family 

that they were taken from. 

First, each family abduction case is different. Some children are away from home for a very 

short period of time and are told only that they are on an extended visitation. Other children 

are away from home for periods of months or years, given new names, kept out of school, 

told that the left-behind parent has harmed or was intending to harm them, and experience 

.1 fugitive lifestyle. 

Second, each abducted child is different. Some children are very perceptive and understand 

more quickly that the abducting parent's explanation that they are on an extended vacation 

is not true. These children then experience both significant emotional distress for themselves and concern for the left-behind parent even though the actual length of the abduction 

may be limited. The children may find the fugitive lifestyle different and exciting or may 

cooperate in order to maintain the abducting parent's increased level of positive attention 

toward them. 

Third, the reunification expectations of the searching parent and the recovered child can be 

quite different. For some families the reunification is indeed the ha ppy and joyous event that 

has been hoped for. For other families the child may not, however, be initially happy to be 

recovered. This is especially true if the child's absence from home has been lengthy resulting 

in the child becoming attached to a different home, friends, and activities. Still other children 

are angry with the left-behind parent, believing that they may have been abandoned or that 

the parent may have allowed the abduction to occur. Frequently children appear fearful that 

the left-behind parent will be angry and will blame the child for the abduction. 

In summary, the recovered child's reunification with the family and readjustment is then 

determined by the combination of all three factors 

71 
• the particular set of events that occurred during this child's abduction 

• the internal way in which the child tried to understand and cope with the abduction 

• the expectations of the searching parent and the child about recovery and family reentry 

Specific Issues Prior to Recovery 

The behavior of the abducting parent prior to the abduction is a key point to understand. 

You should pay particular attention to the degree of preparation the abducting parent took 

to abduct the child (if known) and the child's level of participation (if any) in the abduction 

planning. Parents who carry out well organized, carefully planned abductions have 

thought out justifications for the abduction. The result of such a well thought out abduction 

is that the child experiences rapid, planned movement marked by plausible explanations for 

removal from the other parent. The child's initial perception, then, is one of being cared for 

and attended to, reducing stress or confusion over leaving the home of the other parent. 

Unfortunately the child may later learn that the abducting parent's behavior was not really 

focused upon the child's best interests. This creates substantial disappointment and 

disillusionment for the child. Alternatively, disorganized abductions create confusion for 

the child. In an effort to create order out of confusion, the child frequently responds by 

attempting to take care of the disorganized, emotional abducting parent. Upon recovery, 

such children are very concerned with the welfare, health, and arrest status of the abducting 

parent, and are less interested in the reunification process with the searching parent. 

During the abduction the abducting parent may believe, in addition to convincing themselves that the taking of the child is the right thing to do, that it is necessary to convince the 

child as well that the abduction is justified. Frequently this means talking to the child about 

the harm being done to him or her by the left-behind parent until the child will verbally 

repeat back the adult's concerns. These communications to the child about the left-behind 

parent may vary from representing the abducting parent as simply the better parent to 

labeling the left-behind parent as harmful or having abandoned the child. Children may be 

told that the left-behind parent is alcohol or drug addicted. An abducting parent may tell 

a child that he or she loves the child more than the left-behind parent or that he or she cannot 

live without the child or that the child in fact belongs to him or her alone. In a few cases 

children have been told that the left-behind parent will hurt or kill them if they are found. 

Living conditions during the abduction are important to the child as welL While some 

abducting parents and children create a new identity while living in a new home environment, most live with relatives or friends or move frequently living out of motels or campers. 

These children suffer from school deniF1I, frequent school changes, and a lack of other 

children with whom they can interact. Parentally abducted children at times are subtle 

victims of medical neglect and deferred medical care. This can occur through failure to 

obtain preventative care such as immunizations, diagnostic care such as medical exams, 

remedial care such as regular medication or nonemergency surgery, or prosthetic care such 

as eye glasses. 

72 
Reunification Meeting Recommendations 

Experience with the reunification of recovered children with their families indicates that 

each member has an individual set of needs. 

The needs of the recovered child are 

• 

• 

a safe transition from the abducting parent to law enforcement and then to the 

recovering parent 

an explanation about what is happening during this transition process 

evaluation and treatment, as necessary, for physical injury and psychological 

distress related to the disappearance 

The needs of the recovering family are to be informed of 

the recovery of the child 

o the circumstances of recovery 

preliminary knowledge of the child's physical and mental health 

reunification meeting options 

• media contact options 

• psychological counseling resources 

the anticipated next steps in criminal! civil court proceedings 

The needs of both the recovered child and the recovering family can be met by taking the 

following actions to establish a reunification plan. 

Prior to the Reunification The searching parent and the law enforcement officer in charge 

of the case should work together to agree upon recovery notification procedures; the 

investigating officer's level of on-site involvement if the child recovery is in another state or 

country; and what reunification assistance resources may be available through the National 

Center for Missing and Exploited Children (NCMEC); state missing children clearinghouses (if available); and any local, nonprofit missing children's organization. 

The searching parent and the law enforcement officer in charge of the case should work 

together to agree upon what efforts should be made to provide support and information to 

the child pending the arrival of the recovering parent. The child needs to have an 

explanation about what is happening and what will happen next. If the return of the child 

is voluntary or without resistance, it is possible and preferable for the abducting parent to 

provide such an explanation to the child and for good-byes to be said. If the return of the 

child is involuntary and involves resistance or arrest of the abducting parent, the law 

enforcement officer or child protective service worker will need to provide an initial 

73 
---------------------------------------------------------------------------------

explanation to the child of what is happening and of what will happen until the other parent 

arrives. 

Upon Notification of the Location of the Child In addition to arranging travel, to the 

recovery location, for him- or herself and any other family members, the searching parent 

needs to prepare legal documents and consult, as needed, with local authorities in the 

jurisdiction where the child is found. Arrangements should be made with someone, 

perhaps a neighbor, family friend, or relative, to care for the needs of the remaining family 

members in the home who will not be going to the reunification. During his or her absence 

the recovering parent should keep in regular contact with the caregiver to keep the other 

children in the family informed about reunification events and return travel plans. 

The searching parent should provide for welcoming the recovered child. Thi:: may include 

bringing to the reunification location a favorite possession left behind and/ or past and 

present photographs of family members, family events, or family pets (especially if the child 

was close to a certain pet). These items can be useful for helping the child recall past positive 

memories, as well as providing something to discuss during the initial reunification 

meeting. Depending on the age of the child, it may also be useful to take missing child 

posters or newspaper articles with the child's name or picture to provide concrete indicators 

to the child of your efforts to find him or her. 

At the Reunification Meeting The recovering parent should request that the law enforcement officer or other agency personnel at the planned reunification location provide a room 

and time for the child and parent to become reacquainted before leaving for home. 

The recovering parent should recognize that in highly publicized cases, media atten.:ion 

may be intense. It is important to remember that the needs of the recovered child and the 

family always come first. The recovering parent desiring privacy should request assistance 

from the other professionals involved in the reunification process. 

Psychological Considerations/What a Parent Can Expect The recovering parent should be 

aware that during the reunification the recovered child may be hesitant, fearful, angry, or 

confused. In some cases the child may not even remember you. In such situations, the 

recovering parent's best response is to continue to proceed to let the child know how happy 

he or she is that the child has been found and focus upon welcoming the child home. 

The recovering parent should recognize that on the child's first night home, the child is most 

likely to be focused on being in the room in which his or her bed is located, becoming 

reacquainted with other family members, and relearning other aspects of family interaction 

rather than talking about the disappearance. The recovering parent may experience mixed 

feelings. On the one hand, there is undeniable relief that the child has been recovered. On 

the other hand, there is also a degree of anxiety and concern over not knowing what 

happened to the child during his or her absence and the possibility of future contact with 

the parent who abducted thQ child. 

74 

________ J 
Specific Issues After Recovery 

Most recovering parents are interested in knowing what specific psychological and adjustment issues have been encountered by other children and families after child recovery from 

ilarental abduction. 

Most children who have been parentally abducted have initial concerns about safety and 

reabduction expressed through dreams, play/sleep difficulties, and specific fears about 

reabduction. Reabduction dreams more characteristically have to do with a child being 

taken away by a nonspecific adult from their current parent. Reabduction play involves 

reenacting the abduction itself or activities with themes of abduction fear and protection. In 

one case a young boy who was fearful of reabduction discovered a mouse under the kitchen 

sink. He then took little weapons from his ninja turtle toys to give to the mouse creating a 

ninja mouse who became the boy's protector against reabduction. 

Most recovered children struggle with guilt and shame around the abduction event. It is 

important to understand the child's knowledge of being abducted. If the child is aware that 

he or she was being abducted, the child frequently feels responsible for not seeking help or 

calling horne. Further, when the child realizes that the abducting parent's statements about 

the left-behind parent were not true, the child feels guilty for having not seen this earlier. In 

a few cases the child truly does not understand what happened and feels responsible for not 

having known. Abducting parents also sometimes involve the child as a co-conspirator, 

asking the child to assist in the process of not being discovered. In the child's mind evading 

discovery as part of the fugitive lifestyle ma.y be like a game until real life intrudes. In one 

case a 7-year-old child described, in an animated and excited manner, hiding in a building 

when she and her mother knevv that the police were looking for them. This game took on 

a very different meaning, however, when the police carne into the building, arrested the 

mother, and took them away. 

After recovery children are often caught in conflicting loyalty demands. Overall, children 

tend to be very good at assessing adult reactions to them, especially in situations where the 

risk of loss is high. In order to preserve a sense of safety the child will most likely assume 

the attitudes and behavior expected of them by the abducting parent. Meanwhile the 

recovering parent must go through a lengthy and frustrating process of locating and 

recovering the child, inevitably producing a degree of anger toward the abducting parent. 

After the recovery, the recovering parent may find it difficult not to communicate such 

anger and hostility about the abducting parent directly or indirectly to the child. This may 

result in the child feeling pressured to choose sides. In one case, nine months after his 

recovery and return, a child was very aware of the ongoing legal actions between the 

custodial mother and the father who had abducted him. In his play, the boy would always 

represent the mother and father figures in the family as being in conflict. As the legal 

disagreements increased, the boy finally announced that his" playmates" wanted to get rid 

of both parents and get new ones in their place. 

75 
Planning for the Future 

In the weeks and months after recovery many families find themselves facing significant 

readjustment difficulties. Relatives and family friends can be important sources of help and 

support during this time. Psychologists and other mental health professionals can also play 

an important role. There may be a need for counseling for the whole family including the 

child, parents, and siblings. Local and state psychological, mental health, and medical 

associations can help identify mental healtnresources in your community. If possible, find 

a therapist who has experience in parental abduction or missing child cases. Remember, a 

child's readjustment may not be quick or easy, especially if the child has been absent for a 

long period of time. 

Another resource, available through the National Center for Missing and Exploited Children at 1-800-THE-LOST (1-800-843-5678), is a brochure entitled Just in case ... Parental 

guidelines in finding professional help in case your child is missing or the victim of sexual abuse or 

exploitation. 

76 
8. The In1pact of Abduction on Children 

This chapter was written by Geoffrey 1. Greif, DSW, and Rebecca L. Hegar, DSW, 

School of Social Work, University of Maryland. Portions of this chapter have 

appeared in the American Journal of Orthopsychiatry and are reprinted with 

permission of the Journal, Geoffrey 1. Greif, and Rebecca L. Hegar, 1993. 

Parental abduction occurs within the context of failed adult relationships. A parent snatches 

a child either as a marital or nonmarital relationship is breaking up or within a period oftime 

ranging from a few days to a few years afterward. Whereas a great deal of attention has been 

focused on children of divorce, the consequences of this related traumati~ event have been 

virtually ignored. 

Child custody disputes and marital breakups tear at the fabric of the family placing children 

and sometimes parents in impossible situations to which there rarely are resolutions that 

satisfy everyone. At the far end of the divorce continuum are those relationship problems 

or custody disputes that include a kidnapping or other illegal acts. 

This chapter attempts to advance an understanding of children who are abducted by 

reporting on the findings of a study and sharing the abduction experience of one family. 

The Study 

We compiled a sample of 371 searching parents, nearly half of whom had recovered their 

children, by enlisting the assistance of fifteen missing children's organizations throughout 

the United States and Canada. The organizations mailed eight-page questionnaires to 

parents who had approached them for help in locating their children. The following 

findings help to frame the parents' perspectives on their pre- and post-recovery situations. 

A significant number described their home life prior to the abduction as chaotic, thus 

placing the children at risk for psychological problems even before the abduction. Domestic 

violence was present in 54 percent of the relationships. The abductor's substance abuse (15 

percent) or emotional problems (16 percent) were blamed for the breakup in a significant 

percentage of the relationships, and abduction was threatened in advance of the actual 

event in almost half of the situations. Children were taken overseas and subjected to a new 

culture while hiding in 21 percent of the abduction cases studied. 

Some children who were recovered were described by the recovering parent as having been 

physically abused (23 percent), sexually abused (7 percent), and both physically and 

sexually abused (5 percent). Children were also exposed to a range of other abusive 

behaviors (being screamed at, threatened, and witness to adult-to-adult fighting, etc.). 

The findings indicate that the age of the children may affect how they experience abduction. 

Older children may suffer differently than younger children if, for example, they blame 

themselves for not contacting the searching parent when they had the capacity to do so. A 

sense of guilt for having not made such a contact may emerge. On the other hand, younger 

children may be abducted at a time when crucial developmental bond.3 are being formed 

77 
with the searching parent. Such a break may result in serious emotional problems at the time 

or in the future. 

Overall functioning was believed to have declined in more than half of the children between 

the time they were taken and the time they were returned to the searching parent. This 

finding was offered with caution, though, as parental assessment of pre-abduction functioning appeared to be unrealistically high. Similarly, assessment of post-abduction functioning could be affected by a parent's desire to characterize the child's situation as negative 

in order to show how badly the child was treated when missing. Behavior at home was the 

most problematic area with grades, school behavior, and health showing a smaller decline. 

Three-quarters believed that the abdnction had some negative effect that persisted. Over 

time, a majority of thf children had been seen for psychological counseling. 

One Family's Experience 

In order to provide the reader with a picture of one extended and traumatic abduction, 

following is the case of David and Susan. These children were 6 and 5 years old, respectively, 

when they were located and returned to their mother, A va, following more than three years 

of being held by their father. 

David and Susan were the objects of a series of abductions when they were both quite young. 

Their parents, A va and Ralph, were married for a very short time before Ralph became 

verbally and physically abusive toward A va, as well as addicted to amphetamines. Huge 

fights between the parents ensued. While never the intentional targets of their father's angry 

outbursts, the children would occasionally get nicked when objects were thrown. A va 

finally fled with the children to her mother's house following one particularly abusive 

episode. Ralph located them and forced them back home, beat up Ava, and locked her in a 

closet. She escaped again with the children, this time to a women's shelter in a different state. 

With the shelter's assistance she established a new life. Ralph once more found them and 

snatched the children after promising he was only interested in visitation. Three months 

later Ava tracked them down and snatched the children back. Weeks later her new hiding 

place was revealed to Ralph who once again took them and went into hiding, this time for 

three and one-half years. During that time the children had no contact with A va who 

continued to search for them. She eventually remarried and had another child. 

Life on the run was alternately exciting and terrifying, especially for David. He and Susan 

were trained not to trust the police and to avoid telling anyone their real names. They often 

went hungry but were given toys whenever they asked for them. They were never enrolled 

in school. Most traumatic for David was being exposed to his father's drug taking, 

pornographic movies, and sexual abuse at the hands of a female sitter. Susan apparently was 

spared much of this type of activity. 

With assistance from a friend of Ralph's, A va located both children who were in foster care 

in a different state following Ralph's arrest and incarceration on charges unrelated to the 

abduction. A va said, 

78 
The foster care workers were shocked to see me. They and the 

children had been told first that I was dead and then thatI was 

a prostitute and drug user. Then here I was looking like a 

normal mother. While there was a battle going on between 

the foster care people andme as to who the children belonged 

to, Ralph was released from jail (where he was serving time 

on other criminal charges) and snatched David from the 

foster home. The workers hadn't known who to believe, but 

when he snatched David right out of the foster home, they 

knew. I was then able to get a court order to return custody 

to me which set the stage for my getting them back. 

Susan, then 5 years old, was returned to A va. As A va described it, Susan greatly enjoyed 

seeing her again. "It was just like in the movies. We ran and hugged each other and were 

crying and everything. [My new husband] was there and he was crying too." Even though 

Susan did not remember A va, it only took a few days before she began feeling comfortable 

with her. Her experiences in foster homes and with her father had been so unhappy that the 

relationship that A va offered her easily overcame any initial hesitations she had about living 

with her mother. 

It would be another few months before David would rejoin the family. After Ralph abducted 

him from the foster home, they drove to Canada. Ralph and David finally were tracked 

down and caught after a high speed chase which ended with their car cra shing into a barrier 

and David flying through the windshield. A va recovered David, and Ralph went to prison 

for five years on kidnapping, drug, and theft charges. 

Susan's and David's Adjustment The authors interviewed the children on four separate 

occasions, beginning a few months after David's return to their mother and spanning the 

next three years. At the first interview Susan, who had been living with A va for five months 

at that time, was quiet and shy. She sat very close to her mother and gave the bare minimum 

of responses. She was alert and answered appropriately but, perhaps because of her 

experiences while in hiding or in foster care, had learned to offer very little information 

when questioned. Home schooling, initiated by her mother, was progressing well and she 

was adjusting to her new half-sister. She stated that she did not want to see her father and 

was afraid to speak to or write him in prison. 

David's experiences left him in a more emotionally precarious position. He had been 

missing longer, spent a number of months in a less satisfactory foster care setting than 

Susan, and been exposed to much more abuse while with his father. He had also established 

a stronger identification with his father. His adjustment to his mother, sister, new stepfather, and new half-sister was problematic. Ava described David as not knowing right from 

wrong, constantly throwing tantrums, crying fifteen to twenty times a day if he was refused 

anything, and frequently beating his head against the wall. Whereas Susan was seen as 

being" a, little lady," David was perceived as acting out in ways similar to his father. He 

entered counseling at a sexual assault center immediately upon his return home. 

79 
---------

At the first interview with David he was extremely friendly and outgoing, had difficulty 

with impulse control, could not sit still, and drew a picture that reflected the skill level of 

a child much younger than 7 years of age. Like many children with his experiences, he had 

learned to get attention through being affectionate and responsive to adults. Because he was 

very young when first abducted, critical stages in his development were missed and had to 

be experienced for the first time with a loving parent like Ava. In addition his moral 

development was stunted from living with a father who showed no regard for the law and 

encouraged illegal behavior. 

Six months later, at the time of the second interview, improvement was noted. David 

remained very outgoing and loved the attention he received, yet he appeared to be learning 

more clearly where appropriate boundaries between adults and children should be drawn. 

Therapy was progressing and improved behavior was noted at horne. While he had at first 

been rooming with his youngest sibling, David had moved into a room of his own in the 

basement of the family townhouse. This was done in part to give David his own living space 

but also because Ava was somewhat worried that he might harm his half-sister. 

During this time both children continued to be horne-schooled by A va. Because they had 

never been in school, they both needed a great deal of remedial work to catch up to their 

peers. In addition they had been away from A va for so much time that she wanted to avail 

herself of every opportunity to be with them. Given their previous separaticils, horne 

schooling enabled them to form a strong relationship which in turn improved the children's 

self-concept. 

At the third visit, eighteen months later, Susan continued to show improvement but other 

issues loomed for David. Susan seemed to have formed a close bond with A va. She was 

moving on with her life and peer relations were not a problem for her. David had spent an 

unsatisfactory year in public school and, with Susan (who had performed well academically 

in school), was being taught at horne again. Apparently David was picked on a great deal 

by the other children and, even though he was reportedly getting along well with children 

in the neighborhood, lacked social skills in the school setting. His academic performance 

was not at issue. 

In addition contact with Ralph, who was still in prison, was upsetting the family. David 

stated, "He calls and starts screaming at us and my morn and we all start to cry. My morn 

just hangs up on him." Despite the past dangers, David talked about thinking about him a 

lot and wanting to see him. Then, with Ava's permission, David produced a photograph of 

his father as well as a picture Ralph had drawn from prison. A va feared that Ralph might 

try to reabduct the children when released from prison. Both children spoke fondly of their 

step-father who was described by A va as being a positive influence in all of their lives. 

On the fourth visit, one year later, the family had again undergone a change. A va's husband 

had been ill and had spent a number of months horne from work. This required the children 

to return to school outside of the horne so that he would have quiet during the day as well 

as Ava's attention. This time, and at a new school, David began to flourish. As Ava stated, 

with a laugh, "I think they like it [being in school] a lot more and I think they like me a lot 

more now, too! We were getting on each other's nerves. They are really finally adjusting 

well." 

80 

-
Case Analysis This case illustrates many issues. The children were kidnapped following 

months in an unstable home environment. They went into hiding, moved constantly, were 

told lies about their mother, had their identities changed, were taught to avoid legal 

authorities, were neglected, and, at least one child (David), was abused. They also witnessed 

a great deal of Ralph's aberrant and erratic behavior. In addition they were kept out of school 

and were eventually removed from their father, with whom David in particular had come 

to identify, and were placed in foster homes. V\Then returned to their mother, David had a 

very difficult adjustment. He was uncontrollable for months and, almost two years later, 

continued to have problems in school, though his behavior at home improved. Time has 

proved to be beneficial to David, though some concerns persist. He remains obsessed with 

thoughts of his father. If he continues to identify with Ralph, he will have a harder time 

relating to A va and his step-father. His sense of well-being may necessitate at some point 

a mourning for the loss of the "bad father" before he can accept the good parts in himself 

and move on-something he is starting to do. Susan has had an easier adjustment, though 

David's problems affect her as is evidenced by her also being home schooled a second time 

when David was removed from public school. 

The fourth visit showed that A va had begun to experience her children more typically. She 

laughed at the need that they had to spend time away from each other. This is a far cry from 

the mother who initially used home schooling to make up for lost time. Ava's new realism 

should eventually pave the way for a normal parent-child separation as the children reach 

adolescence. 

This case example also illustrates children with rather different reactions to abduction. How 

much of this is due to the different experiences of the children or to the bond that formed 

between Ralph and David on the one hand and Susan and A va on the other is difficult to tell. 

81 
Additional Reading 

Many books and articles have been written about family abduction. Following is a selected 

list for parents and their lawyers. For additional sources, check your public library index 

under Child Snatching, Family Abduction, or Parental Kidnapping, or ask missing 

children organizations for their suggestions. American Bar Association (ABA) publications 

may be ordered from: ABA Order Fulfillment Department, 750 North Lake Shore Drive, 

Chicago, IL 60611. 

Abrahms, Sally. Children in the Crossfire. New York: Atheneum, 1983. 

American Bar Association. Marital and Parental Torts: A Guide to Causes of Action, Arguments, 

and Damages. American Bar Association, 1990. 

Black, Bonnie Lee. Somewhere Child. New York: Viking, 1981. 

Bureau of Consular Affairs. International Parental ChildAbductions. Washington DC: United 

States Department of State, August 1993. 

Canby, William C. American Indian Law in a Nutshell. St. Paul, Minnesota: West, 1981. 

Clawar, Stanley S. and Brynne V. Rivlin. Children Held Hostage: Dealing with Programmed 

and Brainwashed Children. American Bar Association, 1991. 

Crouch, R. Interstate Custody Litigation. Bureau of National Affairs, 1981 (for attorneys). 

DeHart, Gloria F. International Child Abductions: A Guide to Applying the Hague Convention. 

American Bar Association, 2nd ed., 1993 (for attorneys). 

DeHart, Gloria F. International Enforcement of Child Support and Custody: Reciprocity and Other 

Strategies. American Bar Association, 1986 (for attorneys). 

Finkelhor, David; Gerald Hotaling; and Andrea Sedlak. National Incidence Studies of 

Missing, Abducted, Runaway, and Thrownaway Children in America. Washington DC: Office of 

Juvenile Justice and Delinquency Prevention, May 1990. 

Greif, Geoffrey 1. and Rebecca 1. Hegar. When Parents Kidnap. New York: The Free Press, 

1993. 

Haller, Lee H. "Kidnapping of Children by Parents" in Basic Handbook of Child Psychiatry. Ed. Joseph D. Noshpitz. Vol. 5. New York: Basic Books, 1987, pp. 646-52. 

Hoff, Patricia M. Legal Remedies in Parental Kidnapping Cases: A Collection of Materials. 

American Bar Association, 1986 (for parents and attorneys). Contains the Uniform Child 

Custody Jurisdiction Act (Ucq A) reprinted in full with the Comments of the Commissioners on Uniform State Laws. 

83 
Hoff, Patricia M.; Joanne Schulman; and Adrienne Volenik. Interstate Child Custody 

Disputes and Parental Kidnapping: Policy, Practice, and Law. Legal Services Corporation and 

the American Bar Association, 1982 and 1990 Supplement (for attorneys and judges). 

Howell, Jay. Selected State Legislation, 3rd ed. Arlington, VA: National Center for Missing 

and Exploited Children, May 1993. 

Huntington, Dorothy S. "Parental Kidnapping: A New Form of Child Abuse./I Unpublished article. (Available from the National Center for Missing and Exploited Children.) 

Jackson, David. Custody Jurisdiction Flowchart, Washington, DC: Bureau of National Affairs, 

1988. 

Janvier, Rosemary F.; Kathleen McCormick; and Rose Donaldson. "Parental Kidnapping: 

A Survey of Left-Behind Parents" in Juvenile & Family Court Journal, April 1990, p. 1. 

Karp, Leonard and Cheryl 1. Karp. Domestic Torts: Family Violence, Conflict, and Sexual 

Abuse, Colorado Springs: Shepard's/McGraw-Hill, Inc., 1989. 

Katz, Sandford N. Child Snatching: The Legal Response to the Abduction of Children. American 

Bar Association, 1981 (for attorneys). 

Nicholson, E. Bruce and Josephine Bulkley. Sexual Abuse Allegations in Custody & Visitation 

Cases. American Bar Association, 1988. 

North American Symposium on International Child Abduction: A Compendium of Materials. Available from the American Bar Association Center on Children and the Law, 1993. 

Redpath, Peter A. Help Me! My Child Is Missing! New York: Child-Savers, Inc., 1984. 

Schetky, D.H. and Lee H. Haller. "Child Psychiatry and Law: Parental Kidnapping." In 

Journal of the American Academy of Child Psychiatry 22 (1983) 3:279-85. 

Terr, Lenore. "Child Snatching: A New Epidemic of an Ancient Malady." In Journal of 

Pediatrics, July 1985. 

U.S. Congress. Senate. Committee on the Judiciary. The Priorities and Practices of the FBI in 

Child Kidnapping Cases. 98th Cong., 1st Sess. S. Hrg. 98-122. Washington, DC: GPO, 1983. 

84 
Family Abduction Projects 

Funded by the Office of Juvenile 

Justice and Delinquency Prevention 

National Incidence Studies: Missing, Abducted, Runaway, and Thrownaway Children 

(NISMART) This study was undertaken in response to a mandate of the Missing Children's 

Assistance Act (42 USC § 5771 et seq.). The study estimated the incidence of missing children 

in 1988 in five categories: family abductions; nonfamilyabductions; runaways; thrownaways; 

and missing because they had become lost, injured, or for some other reason. 

Family abductions include those instances in which a noncustodial parent keeps a child 

overnight in violation of the terms of agreed visits (broad scope) to those in which the child 

is transported out of state with the intent to keep them (policy focal). The estimated 354,100 

broad scope family abductions included 163,200 more serious policy focal family abductions. This report was released in 1990 and is available from the Juvenile Justice Research 

Clearinghouse OJRC), 1-800-638-8736. 

Obstacles to Return and Recovery of Parentally Abducted Children This study identified 

major legal, policy, procedural, and practical barriers to the recovery and return of children 

who are victims of parental abductions and suggested recommendations as to how they can 

be overcome. It includes valuable resource material for attorneys as well. Report available 

from JJRC, 1-800-638-8736. A follow up training and dissemination project is underway at 

the American Bar Association Center on Children and the Law, (202) 331-2250. 

National Study of Law Enforcement Agencies' Policies and Practices Regarding Missing 

Children This study systematically describes the role of law enforcement agencies in both 

responding to reports of missing children and in the identification and recovery of these 

children. Report available from JJRC, 1-800-638-8736. 

The Reunification of Missing Children This project examined a large sample of cases of 

recovered children and their families. This study found that nearly all of the children and 

their families received no services to help with the reunification process. The only agency 

personnel usually present at the reunification were law enforcement officers. The only 

agency that maintained contact with the families after recovery was the National Center for 

Missing and Exploited Children. Report available from JJRC, 1-800-638-8736. 

Families of Missing Children: Psychological Consequences This study found that the 

vast majority of missing and recovered children experience significant trauma and longterm distress as a result of the abduction as well as further trauma at the time of resolution 

or recovery. Report available from JJRC, 1-800-638-8736. 

Missing and Exploited Children Comprehensive Action Program (MiCAP) M/ CAP 

serves communities by helping them develop coordinated, comprehensive procedures for 

management of missing, exploited, and abused child cases through the development of a 

multi-agency team and integrated case management system. For more information on this 

ongoing program, contact the M/ CAP office, (703) 516-6137. 

85 
----~~---~~-------------------------------------------

Training and Technical Assistance for Prosecutors in Parental Abduction Cases The 

National Center for the Prosecution of Child Abuse at the American Prosecutors Research 

Institute (APRI) provides ongoing technical assistance to prosecutors and investigators on 

specific cases. The project has developed specialized information for prosecutors on case 

law, cases involving domestic violence, and a database of prosecutors with experience in 

these kinds of cases. A manual on prosecuting parental abduction cases is being prepared 

and training conferences have been given to provide technical assistance. For more 

information on this ongoing program contact APRI, (703) 739-0321. 

Study on the Prevention of Family Abductions of Children Through Early Identification 

of Risk Factors This program is studying the circumstances likely to precipitate the 

abduction of a child by a parent or family member, including family domestic violence. The 

goal is to develop a means to define families at risk for abduction and evaluate prevention 

intervention strategies. For more information on this ongoing program contact the American Bar Association Center on Children and the Law, (202) 331-2250. 

Training and Technical Assistance for Nonprofits Working with Families of Missing 

Children This program is providing technical assistance and training to the nonprofit 

community to assist them in better serving families with missing and exploited children. 

Among the issues covered in the training are coordination with law enforcement, reunification preparation, assistance and follow up, issue and prevention education, community 

outreach, referrals, networking, improving service delivery, and advocacy. For more 

information on this ongoing program contact the National Victim Center, (703) 276-2880. 

Overcoming Confidentiality Barriers to Find Missing Children This study primarily 

focuses on legal research to examine barriers, such as confidentiality issues, to obtaining 

information necessary for the location and recovery of a missing child from such places as 

schools, public agencies, and medical facilities. For more information on this soon to be 

completed study contact the American Bar Association Center on Children and the Law, 

(202) 331-2250. 

Issues in Resolving Cases of International Child Abduction This research project is 

designed to document the cultural and institutional barriers to the recovery of children who 

were taken to or retained in another country by a parent or family member. For more 

information contact the American Bar Association Center on Children and the Law, (202) 

331-2250. 

86 

~~~ 
Missing Children's Organizations 

For information on the missing children's organization closest to you please call the 

National Center for Missing and Exploited Children (NCMEC) at l-BOO-THE-LOST 

(1-800-843-5578). 

87 
State Missing Children Clearinghouses 

Following is the list of state missing children clearinghouses and their respective telephone 

numbers as of this print date. Please call the National Center for Missing and Exploited 

Children (NCMEC) at 1-800-THE-LOST (1-800-843-5678) to request any updated information on missing children clearinghouses. 

Alabama Department of Public Safety 

Missing Children Bureau 

(205) 260-1100 

(800) 228-7688 

Alaska State Troopers 

Missing Persons Clearinghouse 

(907) 269-5497 

(800) 478-9333 

Arizona Department of Public Safety 

Criminal Investigation Research Unit 

(602) 223-2158 

Arkansas Office of the Attorney General 

Missing Children Services Program 

(501) 682-1323 

California Department of Justice 

Missing/Unidentified Persons 

(916) 227-3290 

(800) 222-3463 

Colorado Bureau of Investigation 

Crime Information Center 

(303) 239-4251 

(303) 239-4222 

Connecticut State Police 

Research and Planning/Missing Persons 

(203) 238-6575 

Delaware State Police 

State Bureau of Identification 

(302) 739-5883 

District of Columbia Metro 

Police Department 

Missing Persons/Youth Division 

(202) 576-6771 

Florida Department of Law Enforcement 

Missing Children Information Clearinghouse 

(904) 488-5224 

(800) 342-0821 

Georgia Bureau of Investigation 

Intelligence Unit 

(404) 244-2554 

(800) 282-6564 

Illinois State Police 

I-SEARCH 

(217) 782-6053 

(800) 843-5763 

Indiana State Police 

Indiana Missing Children Clearinghouse 

(317) 232-8310 

(800) 831-8953 

Iowa Department of Public Safety 

Division of Criminal Investigation 

(515) 281-5138 

(800) 346-5507 

Kansas Bureau of Investigation 

Special Services Division 

(913) 296-8200 

(800) 572-7463 

Kentucky State Police 

(502) 227-8799 

(800) 222-5555 

Louisiana Department of Health and 

Human Resources 

Louisiana Clearinghouse for Missing and 

Exploited Children 

(504) 342-4011 

89 
--------------------------------------

Maine State Police 

Criminal Investigation Division 

(207) 624-7097 

(800) 452-4664 

Maryland Center for Missing Children 

Maryland State Police 

(410) 290-0780 

(800) 637-5437 

Massachusetts State Police 

Missing Persons Unit 

(617) 727-8972 

(800) 622-5999 

Michigan State Police 

Prevention Services Unit 

(517) 336-6603 

(This office is not a clearinghouse, but an 

unofficial contact for police assistance or 

leads.) 

Minnesota State Clearinghouse 

Bureau of Criminal Apprehension 

(612) 642-0610 

Mississippi Highway Patrol 

(601) 987-1592 

Missouri State Highway Patrol 

Missing Persons Unit 

(314) 751-3313 

(800) 877-3452 

Montana Department of Justice 

Missing / Unidentified Persons 

(406) 444-3625 

Nebraska State Patrol 

Criminal Record and Identification Division 

(402) 479-4019 

(402) 479-4938 

Nevada Office of the Attorney General 

Nevada Missing Children Clearinghouse 

(702) 486-3420 

(702) 486-3539 

90 

New Hampshire State Police 

(603) 271-2663 

(800) 852-3411 

New Jersey State Police 

Missing Persons / Child Exploitation 

(609) 882-2000 

(800) 743-5377 

New Mexico Department of Public Safety 

Communications 

(505) 827-9187 

(This office is not a clearinghouse, but an unofficial 

contact for police assistance or leads.) 

New York Division of Criminal Justice Service 

Missing and Exploited Children 

(518) 457-6326 

(800) 346-3543 

North Carolina Center for Missing Persons 

Crime Control and Public Safety 

(919) 733-3914 

(800) 522-5437 

North Dakota Clearinghouse, Missing Children 

North D'ikota Radio Communication 

(701) 224-2121 

(800) 472-2121 

Ohio Missing Children Clearinghouse 

Office of the Attorney General 

(614) 644-0122 

(800) 325-5604 

Oklahoma State Bureau of Investigation 

Criminal Information Unit 

(405) 848-6724 

Oregon State Police 

Missing Children Clearinghouse 

(503) 378-3720 ext. 4412 

(800) 282-7155 

Pennsylvania Slate Police 

Bureau of Criminal Investigation 

(717) 783-5524 
Rhode Island State Police 

Missing and Exploited Children Unit 

(401) 444-1125 

(800) 286-8626 

South Carolina Law Enforcement Division 

Missing Person Information Center 

(803) 737-9000 

(800) 322-4453 (SC only) 

South Dakota Attorney General's Office 

Division of Criminal Investigation 

(605) 773-3331 

Tennessee Bureau of Investigation 

Criminal Intelligence Unit 

(615) 741-0430 

Texas Department of Public Safety 

Criminal Intelligence Service 

(512) 465-2814 

(800) 346-3243 

Vennont State Police 

(802) 773-9101 

Virginia State Police Department 

Missing Children's Clearinghouse 

(804) 674-2026 

(800) 822-4453 

Washington State Patrol 

Missing Children Clearinghouse 

(206) 753-3960 

(800) 543-5678 

Wyoming Office of the Attorney General 

Division of Criminal Investigation 

(307) 777-7537 

National Clearinghouses 

Canada 

Royal Canadian Mounted Police 

Missing Children's Registry 

(613) 993-1525 

United States 

National Center for Missing and Exploited Children 

(703) 235-3900 

1-800-THE-LOST (1-800-843-5678) 

91 
Sample Documents to Assist 

in the Search for a Missing Child 

93 
Key Contacts in 

Parental Kidnapping Cases 

Police Department (Sheriff) in your 

community 

Name of officer assigned to case _______ _ 

Badge number _____________ _ 

Telephone number ___________ _ 

Address, _______________ _ 

Police report/case number· _________ _ 

Prosecutor (District Attorney, State 

Attorney, Commonwealth Attorney, 

Assistant Attorney General, Solicitor) 

Name ________________ _ 

Telephone nllmber ___________ _ 

Address _______________ _ 

Assistant Pro~ecutor assigned to 

your case 

Name; ____________________ _ 

Telephone nllmber _____________ _ 

Address. _______________________ _ 

Your Lawyer 

Name _____________________ _ 

Telephone nllnlber _________________ _ 

Address ______________________ _ 

94 

FBI 

Agent(s) spoken to' ________________ _ 

Telephone number ______________ _ 

Address _____________________ _ 

U.S. Attorney for your district 

Name: ____________________ _ 

Telephone number· ________________ _ 

Address, __________________ _ 

Assistant U.S. Attorney assigned to 

your case 

Name ____________________ _ 

Telephone number _____________ _ 

Address __________________ _ 

Support Groups 

Name: _____________________ _ 

Telephone number _________________ _ 

Address ________________________ _ 

Name ______________________ _ 

Telephone number _________________ _ 

Address ______________ . ___ _ 
Missing Person's Report 

for an Abducted Child 

Complete this worksheet and make a copy. Bring the copy to the police station when you go to report your child 

as missing. This will speed up the process of entering a missing person's report on your child into the NCIC 

computer. If you cannot make a copy, bring this book with you and ask the police officer to have a copy made 

of this worksheet. 

Child's name: ___________________________________ _ 

Sex ________________________________________ _ 

Race ______________________________________ _ 

Date of birth _________________________________ _ 

Mother's maiden name _______________________________ _ 

Dateofabduction __________________________________ _ 

Place of abduction (home, school, etc.), _______________________ _ 

Age at time of abduction ______________________________ _ 

Height ______________________________________________________ ___ 

Weight 

Hair co I or-_____________________________________ _ 

Eye co I or-________________________________________ ___ 

Glasses? ______________________________________ _ 

Birthmarks, ____________________________________ _ 

Unique characteristics (scars, limp, stutter, tattoo, jewelry, etc.)' _______________ _ 

Grade in school __________________________________ __ 

Medical or dental problems _____________________________ _ 

Circumstances of abduction _____________________________ _ 

(Attach photo of child here.) 

95 
----~~------~-------------------------------------------------------------------------------

Information about abductor parent to be in eluded in NCIC entry 011 missing child 

Abductor'sname __________________________________________________________________ ___ 

If mother, maiden name ______________________________________________________________ _ 

Sex ______________________________________________________________________________ _ 

Race ____________________________________________________________________________ __ 

Date of birth _______________________________________________________ _ 

Height ______________________________________ _ 

Weight ___________________________________ _ 

Haircolor ________________________________________________________________________ ___ 

Glasses? _________________________________________________________________________ _ 

Birthmarks ________________________________________________________________________ _ 

Unique characteristics ____________________________________________________ ___ 

Social Security number ______________________________________________________ _ 

Occupation ________________________________________________________________ _ 

Vehicle 

Nfake _______________________________________________ ___ 

NfodeIYear ___________________________________________________ ___ 

Driver's License ______________________________________________________ _ 

Person(s) traveling with abductor _____________________________________ . _______________ ___ 

Description __________________________________________________________________ _ 

(Attach photo of abductor here.) 

96 
SAMPLE 

REQUEST FOR AUTHORIZATION TO USE THE FPLS 

Cou nty/State 

Application having been made to me 

___________________________________________ on __________ _ 

Judge. Police Officer. Prosecuting Attorney, or other 

authorized person 

I request the Federal Parent Locator Service (FPLS), through the 

Date 

________________________________________________ Parent Locator Service, to 

Name of State 

submit the name of ___________________________________________ _ 

Name Social Security Number (SSN) 

to the FPLS. 

This request is being made in regard to a parental kidnapping investigation/prosecution or a child custody 

case. 

I authorize this record search pursuant to 42 U.S.C. Section 663, and 45 CFR 303.15. 

Signature 

Title 

Date 

If SSN is not known: 

Abducting Parent's Name 

Abducting Parent's Date of Birth 

Abducting Parent's Place of Birth 

City, State, and Country (if other than U.S.A.) 

Abducting Parent's Father's Name (first and last) 

Abducting Parent's Mother's Name (first and maiden) 

Searching Parent's Social Security Number 

97 
Have You Seen This Child? 

WANTED: 

Arrest Warrant 

Issued 

OPTIONAL 

PHOTO 

OF ABDUCTOR 

(if warrant issued 

for arrest) 

(Date of Photo) 

NAME OF ABDUCTOR 

Date of Birth: 

Ht.: Wt.: 

Hair: Eyes: 

Complexion: 

Scars, etc.: 

Occupation: 

Race: 

MI~SSING CHILD 

CHILD'S PHOTO 

(Date of Photo) 

NAME OF CHILD 

Date of Birth: 

Grade in School: 

Ht.: Wt.: 

Complexion: 

Scars, etc.: 

Hobbies, sports, etc.: 

CHILD'S PHOTO, 

DIFFERENT ANGLE 

(Date of Photo) 

Age: Race: 

Hair: Eyes: 

Details of Abduction-Date, Place: 

Indicate violation of court order, warrant on file. 

Indicate if abuse has occurred. 

IF YOU HAVE ANY INFORMATION, PLEASE CONTACT: 

Officer's Name, Police Department: 

Ptlone Number: 

Case Number: 

Warrant Number (if secured): 

National Center for 

Missing and Exploited Children 

1-800-TH E-lOST 

(1-800-843-5678) 

NOTE: A missing child MUST be registered with the National Center for Missing and Exploited Children 

before adding the organization's name and telephone number to this flier. 

98 
SAMPLE 

REQUEST FOR FERPA RECORDS 

(Name) 

(Principal, or other title) 

(School) 

(Street address) 

(City, state, zip) 

Dear ______________________ __ 

(Name) 

(Date) 

I am the (Mother/Father) of ________________________ _ 

(Child's first, middle, and last names) 

My child attended your school from to ________ (or is currently attending your school). My child was abducted by (his/her) other parent on . (Optional: 

I have/share custody of .) 

(Child's name) 

Please review your records for ____________________________ and send me 

(Child's name) 

the most recent address you have for (him/her). If my child no longer attends your school and you have 

received a request to transfer (his/her) records to a new school, please send me the name, address, and 

telephone number of the school requesting the records. Because I am a parent, the federal Family 

Educational Rights and Privacy Act (20 U.S.c. Section 1232g) entitles me to this information about my 

child. 

I would also appreciate it if you would "flag" the school records of my child and notify me in the event 

you receive any information that would assist me in finding my child. 

You can reach me a~ ________________________________________ _ 

(Your name) 

(Your street address) 

(Your city, state, zip) 

(Your telephone number) 

Please keep this inquiry confidential. 

Thank you for your assistance in this matter. 

Sincerely, 

(Your signature) 

(Note: If possible, attach a copy of your custody order, your child's birth certificate, and a copy 

of the Family Educational Rights and Privacy Act, reproduced on pages 107-108 of this book.) 

99 
* 

UNITED STATES DEPARTMENT OF STATE OMB NO. 1405-0076 

EXPIRES: 6-91 

APPLICATION FOR ASSISTANCE UNDER THE Estimated Burden - 1 HoUi 

HAGUE CONVENTION ON CHILD ABDUCTION 

SEE PRIVACY STATEMENT ON REVERSE 

I. IDENTITY OF CHILD AND PARENTS 

CHILD'S NAME (LAST, FIRST, MiDDLE) DATE OF BIRTH PLACE OF BIRTH 

ADDRESS (Before removal) U.S. SOCIAL PASSPORT /IDENTITY NATIONALITY 

SECURITY NO. CARD 

COUNTRY: 

NO.: 

HEIGHT I WEIGHT COLOR OF HAIR I COLOR OF EYES 

FATHER MOTHER 

NAME (Last, First, Middle) NAME (Last, First, Middle) 

DATE OF BIRTH PLACE OF BIRTH DATE OF BIRTH PLACE OF BIRTH 

NATIONALITY OCCUPATION PASSPORT /IDENTITY NATIONALITY OCCUPATION PASSPORT /IDENTITY 

CARD CARD 

COUNTRY: COUNTRY: 

NO.: NO.: 

CURRENT ADDRESS AND TELEPHONE NUMBER CURRENT ADDRESS AND TELEPHONE NUMBER 

U.S.SOCIAL SECURITY NO .. U.S.SOCIAL SECURITY NO. 

COUNTRY OF HABITUAL RESIDENCE COUNTRY OF HABITUAL RESIDENCE 

DATE AND PLACE OF MARRIAGE AND DIVORCE, IF APPLICABLE 

II. REQUESTING INDIVIDUAL OR INSTITUTION 

NAME (Last, First, Middle) NATIONALITY OCCUPATION 

CURRENT ADDRESS AND TELEPHONE NUMBER PASSPORT /IDENTITY CARD 

COUNTRY: 

NO.: 

COUNTRY OF HABITUAL RESIDENCE 

RELATIONSHIP TO CHILD NAME, ADDRESS, AND TELEPHONE NO. OF LEGAL ADVISER, IF ANY 

III. INFORMATION CONCERNING THE PERSON ALLEGED TO HAVE WRONGFULLY REMOVED OR RETAINED CHILD 

NAME (Last, First, Middle) KNOWN ALIASES 

DATE OF BIRTH PLACE OF BIRTH NATIONALITY 

OCCUPATION, NAME AND ADDRESS OF EMPLOYER PASSPORT/IDENTITY CARD U.S. SOCIAL SECURITY 

COUNTRY: NO. 

NO.: 

CURRENT LOCATION OR LAST KNOWN ADDRESS IN THE U.S. 

HEIGHT WEIGHT I COLOR OF HAIR I COLOR OF EYES 
OTHER PERSONS WITH POSSIBLE ADDITIONAL INFORMATION RELATING TO THE WHEREABOUTS OF CHILD 

(Name, address. telephone number) 

IV. TIME, PLACE, DATE, AND CIRCUMSTANCES OF THE WRONGFUL REMOVAL OR RETENTION 

V. FACTUAL OR LEGAL GROUNDS JUSTIFYING THE REQUEST .-= .-

VI. CIVIL PROCEEDINGS IN PROGRESS, IF ANY 

VII. CHILD IS TO BE RETURNED TO: 

NAME (Last, First, Middle) DA TE OF BIRTH PLACE OF BIRTH 

ADDRESS TELEPHONE NUMBER 

PROPOSED ARRANGEMENTS FOR RETURN TRAVEL OF CHILD 

VIII. OTHER REMAHKS 

IX. DOCUMENTS ATTACHED (PREFERABLY CERTIFIED) 

o DIVORCE DECREE o PHOTOGRAPH OF CHILD o OTHER 

o CUSTODY DECREE o OTHER AGREEMENT CONCERNING CUSTODY 

SIGNA TURE OF APPLICANT AND/OR STAMP OF CENTRAL AUTHORITY DATE PLACE 

PRIVACY ACT STATEMENT 

THIS INFORMATION IS REQUESTED UNDER THE AUTHORITY OF THE INTERNATIONAL CHILD ABDUCT/ON REMEDIES ACT, PUBLIC LAW 100-300. THE INFORMATION WILL BE USED FOR THE PURPOSE OF EVALUATING APPLICANTS' CLAIMS UNDER THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CI-IILD ABDUCTION, LOCATING ABDUCTED CHILDREN, AND ADVISING APPLICANTS ABOUT AVAILABLE LEGAL REMEDIES. WITHOUT THE 

REQUESTED I~,JFORMATION, U.S. AUTHORITIES MAY BE UNABLE EFFECTIVELY TO ASSIST IN LOCATING ABDUCTED CHILDREN. 

, 

Comments concerning tho accuracy of tho burden hour estimate on page 1 may be directed to OMB, OIRA, State Department Desk Officer, Wash., D. C. 20503 
The Laws on Family Abduction 

State Laws 

Criminal Custodial Interference Laws Nearly every state has enacted criminal laws to prevent family 

abduction and to punish abductors. The definition ofthe crime varies from state to state, as does the name ofthe 

crime (child abduction, child stealing, custodial interference, parental kidnapping, or family kidnapping). It is 

possible that family abduction may be punished under the laws of the state from which the child was abducted 

as well as the state to which the child was taken. For this reason, it is wise to check the laws of both states. See 

the table entitled "Uniform Child Custody Jurisdiction Laws, Criminal Custodial Interference Laws, and Parent 

Locator Service Telephone Numbers" on page 109 for the statute numbers to the criminal laws of each state. 

Missing Children Laws Laws have been enacted by a number of states to safeguard children against abductions 

by strangers. Some of these laws ruso apply to family abduction. Under these laws a variety of strategies are 

available to help in locating missing children, including missing children registries, programs in the public 

schools to detect abducted children, and laws requiring prompt law enforcement investigation of missing child 

cases. See the table entitled "State Missing Children Laws" on page 111 for the statute numbers of the laws in 

your state. 

Federal Laws 

The Missing Children Act (28 USC § 534) Passed in October 1982 this federal law (P.L. 97-292) ensures that 

complete descriptions of missing children can be entered into the Federal Bureau of Investigation's National 

Crime Information Center (NCIC) computer even if the abductor has not been charged with a crime. The 

complete text is reproduced below. 

The Attorney General, through the FBI, will be required, as part of its National Crime Information Center (NCIC) 

to: 

Acquire, collect, classify, and preserve any information which would assist in the identification of any deceased 

individual who has not been identified after the discovery of such deceased individual; and acquire, collect, 

classify, and preserve any information which would assist in the location of any missing person (including an 

unemancipated personas defined by the laws ofthe place of residence of such person); and provide confirmation 

as to any entry for such a person to the parent, legal guardian, or next of kin of that person (and the Attorney 

General may acquire, collect, classify, and preserve such information from such parent, guardian, or next of kin). 

The Missing Children's Assistance Act (42 USC § 5771 et seq.) Passed in 1984, this federal law (P.L. 98-473) 

requires the federal Office of Juvenile Justice and Delinquency Preventipn (OJJDP) of the U.S. Department of 

Justice to 

establish and operate a national, toll-free telephone line to receive reports of sightings of missing 

children and to provide information on reuniting the child and the child's custodian 

establish and operate a national clearinghouse of information about missing and exploited children 

provide technical assistance to law enforcement agencies, nonprofit agencies, and families to help 

locate and recover missing children 

conduct a national incidence study to find out the numbers of missing children 

publish summaries of the latest research on missing children 

103 
--------------------------------------------------------

The National Center for Missing and Exploited Children performs most of these functions for OJJDP. Other 

private organizations perform other functions, such as conducting the national incidence study. OJJDP itself 

publishes the annual summaries of programs related to missing and exploited children. 

National Child Search Assistance Act (42 USC §§ 5779 and 5780) Passed in 1990, this law forbids all law 

enforcement agencies in the country from establishing any waiting period before accepting a missing child 

report. In addition the ad requires the immediate entry of each report into the National Crime Information 

Center (NCIC) computer and does not limit the instigation of a missing child report and investigation to the 

custodial parent. 

Each state reporting under the provisions of this title shall 

(1) ensure that no law enforcement agency within the State establishes or maintains any policy that requires 

the observance of any waiting period before accepting a missing child or unidentified person report; 

(2) provides that each such report and all necessary and available information, which, with respect to each 

missing child report, shall include 

(A) the name, date of birth, sex, race, height, weight, and eye and hair color of the child; 

(B) the date and location of the last known contact with the child; and 

(C) the category under which the child is reported missing; 

is entered immediately into the State law enforcement system and the National Crime Information Center 

computer networks and made available to the Missing Children Information Clearinghouse within the state or 

other agency designated within the state to receive such reports; and 

(3) provide that after receiving reports as provided in paragraph (2), the law enforcement agency that 

entered the report into the National Crime Information Center shall 

(A) no later than 60 days after the original entry of the record into the State law enforcement system 

and National Crime Information Center computer networks, verify and update such record with any additional 

information, including, where available, medical and dental records; 

(B) institute or assist with appropriate search and investigative procedures; and 

(C) maintain close liaison with the National Center for Missing and Exploited Children for the 

exchange of information and technical assistance in the missing children cases. 

The Uniform Child Custody Jurisdiction Act (UCCJA) All fifty states, the District of Columbia, and the Virgin 

Islands have enacted the UCCJA. Although it is called a "uniform act," many states have changed some of this 

law's provisions before enacting it. Consequently, you should read the UCCJ A as passed by your state and the 

state in which your child is located. In the table entitled "Uniform Child Custody Jurisdiction Laws, Criminal 

Custodial Interference Laws, and Parent Locator Service Telephone Numbers" on page 109 you will find the 

statute numbers for each state's version of the UCCJA. The UCCJA: 

1. Establishes rules governing which state has jurisdiction (power) to make or modify (cha:age) a custody 

determination. 

2. Applies to proceedings for custody, visitation, and joint custody but not to actions for child support. 

3. Makes it possible for a parent to obtain a custody determination even after a child has been abducted. 

4. Enables a parent with a valid custody decree to have the decree honored and enforced in whatever state the 

child is located, without having to retry the whole custody case. It may be necessary, however, for the court 

of the state in which the child is found to hold a hearing to satisfy itself that the court ord'er is valid. The 

enforcing court will also apply the federal Parental Kidnapping Prevention Act, which in some instances will 

prevent enforcement of a custody decree that is valid under the state UCCJA. 

5. Limits the right of a court to conduct a custody hearing when a valid custody decree has already been made 

by another state and when a court in another state that has jurisdiction under the UCCJA is considering a 

petition for custody. 

6. Restricts the power of a court to modify existing custody orders made by courts in other states that follow the 

UCCJA. 

7. Punishes child abductors by permitting judges to order them to pay all reasonablr> costs, including attorney's 

fees, incurred by the victim parent in locating and recovering the child. 

104 
8. Discourages parental kidnapping by giving judges the power to refuse to hear a case if an abductor petitions 

the judge for a new custody order or for changes in an existing order. 

9. Encourages communication and cooperation between judges in different states to decide which state has 

jurisdiction and whether that state should exercise jurisdiction in an inte:I'state custody or parental kidnapping case. 

10. Permits special scheduling of interstate custody cases to speed their resolution. 

11. Provides that custody decrees made by courts in foreign countries are entitled to enforcement in the United 

States if reasonable notice and an opportunity to be heard are given to all affected persons. 

The Parental Kidnapping Prevention Act (PKP A) The Parental Kidnapping Prevention Act of 1980 (PKP A) 

(P.L. 96-611) is a federal law that has three major sections which are reproduced below. 

The first part requires states to enforce and not modify custody determinations made by other states consistently 

with the jurisdictional provisions of that act. In other words, state courts in the United States must give" full faith 

and credit" to custody decrees made in conformity with the PKP A. 

28 USC § 1738A 

(a) The appropriate authorities of every State shall enforce according to its terms, and shall not modify except 

as provided in subsection (f) of this section, any child custody determination made consistently with the 

provisions of this section by a court of another State. 

(b) As used in this section, the term-

(1) "child" means a person under the age of eighteen; 

(2) "contestant" means a person, including a parent, who claims a right to custody or visitation of a child; 

(3) "custody determination" means a judgment, decree, or other order of a court providing for the custody 

or visitation of a child, and includes permanent and temporary orders, and initial orders and modifications; 

(4) "home State" means the State in which, immediately preceding the time involved, the child lived with 

his parents, a parent, or a person acting as a parent, for at least six consecutive months, and in the case of a child 

less than six months old, the State in which the child lived from birth with any of such persons. Periods of 

temporary absence of any of such persons are counted as part of the six-month or other period; 

(5) "modification" and "modify" refer to a custody determination which modifies, replaces, supersedes, or 

otherwise is made subsequent to, a pr;')r custody determination concerning the same child, whether made by 

the same court or not; 

(6) "person acting as a parent" means a person, other than a parent, who has physical custody of a child and 

who has either been awarded custody by a court or claims a right to custody; 

(7) "physical custody" means actual possession and control of a child; and 

(8) "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, 

or a territory or possession of the United States. 

(c) A child custody determination made by a court of a State is consistent with the provisions of this section only 

if-

(1) such court has jurisdiction under the law of such State; and 

(2) one of the following conditions is met: 

(A) such State (i) is the home State of the child on the date of the commencement of the proceeding, or 

(ii) had been the child's home State within six months before the date of the commencement of the proceeding 

and the child is absent from such State because of his removal or retention by a contestant or for other reasons, 

and a contestant continues to live in such State; 

(B) (i) it appears that no other State would have jurisdiction under subparagraph (A), and (ii) it is in the 

best interest of the child that a court of such State assume jurisdiction because (I) the child and his parents, or 

the child and at least one contestant, have a significant connection with such State other than mere physical 

presence in such State, and (II) there is available in such State substantial evidence concerning the child's present 

or future care, protection, training, and personal relationships; 

(C) the child is physically present in such State and (i) the child has been abandoned, or (li) itis necessary 

in an emergency to protect the child because he has been subjected to or threatened with mistreatment or abuse; 

105 
(D) (i) it appears that no other State would have jurisdiction under subparagraph (A), (B), (C), or (E), 

or another State has declined to exercise jurisdiction on the ground that the State whose jurisdiction is in issue 

is the more appropriate forum to determine the custody of the child, and (li) it is in the best interest of the child 

that such court assume jurisdiction; or 

(E) the court has continuing jurisdiction pursuant to subsection (d) of this section. 

(d) The jurisdiction of a court of a State which has made a child custody determination consistently with the 

provisions of this section continues as long as the requirement of subsection (c)(l) of this section continues to 

be met and such State remains the residence of the child or of any contestant. 

(e) Before a child custody determination is made, reasonable notice and opportunity to be heard shall be given 

to the contestants, any parent whose parental rights have not been previously terminated and any person who 

has physical custody of a child. 

(f) A court of a State may modify a determination of the custody of the same child made by a court of another 

State, if-

(1) it has jurisdiction to make such a child custody determination, and 

(2) the court of the other State no longer has jurisdiction, or it has declined to exercise such jurisdiction to 

modify such determination. 

(g) A court of a State shall not exercise jurisdiction in any proceeding for a custody determination commenced 

during the pendency of a proceeding in a court of another State where such court of that other State is exercising 

jurisdiction consistently with the provisions of this section to make a custody determination. 

note 

(c) In furtherance of the purpose of section 1738A of title 28, United States Code, as added by subsection (a) of 

this section, State courts are encouraged to-

(1) afford priority to proceedings for custody determinations; and 

(2) award to the person entitled to custody or visitation pursuant to a custody determination which is 

consistent with the provisions of such section 1738A, necessary travel expenses, attorneys' fees, costs of private 

investigations, witness fees or expenses, and other expenses incurred in connection with such custody 

determination in any case in which-

(A) a contestant has, without the consent of the person entitled to custody or visitation pursuant to a 

custody determination which is consistent with the provisions of such section 1738A, (i) wrongfully removed 

the child from the physical custody of such person, or (li) wrongfully retained the child after a visit or other 

temporary relinquishment of physical custody; or 

(B) the court determines it is appropriate. 

The second part of the PKPA authorizes the Federal Parent Locator Service to use its computer to find address 

information on abductor parents and abducted children. Regulations implementing this law can be found in the 

Federal Register, Vol. 48, No. 166, August 25,1983, beginning at page 38542. 

42 USC§ 653 

(17) in the case of a State which has in effect an agreement with the Secretary entered into pursuant to section 

463 for the use of the Parent Locator Service established under section 453, to accept and transmit to the Secretary 

requests for information authorized under the provisions of the agreement to be furnished by such Service to 

authorized persons, and to impose and collect (in accordance with regulations of the Secretary) a fee sufficient 

to cover the costs to the State and to the Secretary incurred by reason of such requests, to transmit to the Secretary 

from time to time (in accordance with such regulations) so much of the fees collected as are attributable to such 

costs to the Secretary so incurred, and during the period that such agreement is in effect, otherwise to comply 

with such agreement and regulations of the Secretary with respect thereto. 

42 USC §§ 653-655 

42USC§ 663 

(a) The Secretary shall enter into an agreement with any State which is able and willing to do so, under which 

the services of the Parent Locator Service established under section 453 shall be made available to such State for 

the purpose of determining the whereabouts of any absent parent or child when such information is to be used 

to locate such parent or child for the purpose o£-

106 

(1) enforcing any State or Federal law with respect to the unlawful taking or restraint of a child; or 

(2) making or enforcing a child custody determination. 
(b) An agreement entered into under this section shall provide that the State agency described in section 454 will, 

under procedures prescribed by the Secretary in regulations, receive and transmit to the Secretary requests from 

authorized persons for information as to (or usefulin determining) the whereabouts of any absent parent or child 

when such information is to be used to locate such parent or child for the purpose of-

(1) enforcing any State or Federal law with respect to the unlawful taking or restraint of a child; or 

(2) making or enforcing a child custody determination. 

(c) Information authorized to be provided by the Secretary under this section shall be subject to the same 

conditions with respect to disclosure as information authorized to be provided under section 453, and a request 

for information by the Secretary under this section shall be considered to be a request for information under 

section 453 which is authorized to be provided under such section. Only information as to the most recent 

address and place of employment of any absent parent or child shall be provided under this section. 

(d) For purposes of this section-

(1) the term 'custody determination' means a judgment, decree, or other order of a court providing for the 

custody or visitation of a child, and includes permanent and temporary orders, and initial orders and 

modification; 

(2) the term 'authorized person' means-

(A) any agent or attorney of any State having an agreement under this section, who has the duty or 

authority under the law of such State to enforce a child custody determination; 

(B) any court having jurisdiction to make or enforce such a child custody determination, or any agent 

of such court; and 

(C) any agent or attorney of the United States, or of a State having an agreement under this section, who 

has the duty or authority to investigate, enforce, or bring a prosecution with respect to the unlawful taking or 

restraint of a child. 

The third part of the PKPA directs the U.S. Department of Justice to apply the federal Fugitive Felon Act to 

interstate parental kidnapping cases when a state felony warrant has been issued. This section authorizes the 

issuance of a federal Unlawful Flight to Avoid Prosecution (UFAP) warrant. 

18 USC § 1073, note 

(a) In view of the findings of the Congress and the purposes of sections 6 to 10 of this Act set forth in section 302, 

the Congress hereby expressly declares its intent that section 1073 of title 18, United States Code, apply to cases 

involving parental kidnapping and interstate or international flight to avoid prosecution under applicable State 

felony statutes. 

The Hague Convention on the Civil Aspects of International Child Abduction For a discussion of this 

important treaty, see page 66. 

The International Child Abduction Remedies Act (42 USC § 11601 to § 11610) Passed in 1988, the International 

Child Abduction Remedies Act (P.L. 100-300) establishes procedures for bringing court actions in the United 

States for the return of abducted children pursuant to the Hague Convention on the Civil Aspects of 

International Child Abduction in the United States. See summary of the Hague Convention on page 66. The 

International Child Abduction Remedies Act requires the President to designate a federal agency as the Central 

Authority for administration of the treaty provisions within the United States. It empowers state and federal 

courts to hear cases for the return of children who have been abducted from foreign countries to the United 

States, and authorizes the courts to protect the well-being of the child and to prevent the child's further removal 

or concealment. The U.S. Central Authority is authorized to have access to information in certain American 

records pertaining to the whereabouts of an abductor or child. 

Family Educational Rights and Privacy Act of 1974 (20 USC § 1232g) [The Family Educational Rights and 

Privacy Act] FERPA allows parents, custodial and noncustodial, to obtain information contained in their child's 

school records. This makes it possible for a noncustodial parent to verify that the child is enrolled and attending 

a particular school, how the child is doing, and most importantly obtain the name and address of any other 

schools the records have been forwarded to in the event a parent abducts the child. 

(a)(l)(A) No funds shall be made available under any applicable program to any educational agency or 

institution which has a policy of denying, or which effectively prevents, the parents of students who are or who 

have been in attendance at a school of such agency or at such institution, as the case may be, the right to inspect 

and review the education records of their children. If any material or document in the education record of a 

student includes information on more than one student, the parents of one of such students shall have the ri.ght 

107 
to inspect and review only such part of such material or document as relates to such student or to be informed 

of the specific information contained in such part of such material. Each educational agency or institution shall 

establish appropriate procedures for the granting of a request by parents for access to the education records of 

their children within a reasonable period of time, but in no case more than forty-five days after the request has 

been made. 

Compliance of DoD Members, Employees, and Family Members Outside the United States with Court 

Orders (32 C.F.R. Part 146) This section establishes policy and procedures for the return to the United States of, 

or other action affecting, members of the Department of Defense (DoD) and employees serving outside of the 

United States, and accompanying family members. It prescribes procedures for treating such individuals who 

have been charged with, or convicted of, a felony in a court; held in contempt of a court for failure to obey the 

court's order; or ordered to show cause by a court why they should not be held in contempt for failing to obey 

the court's order. 

§ 146.4 Policy 

It is DoD policy that: 

(a) With due regard for mission requirements, the provisions of applicable international agreements, and 

ongoing DoD investigations and courtsmartiaI, the Department of Defense shall cooperate with courts and State 

and local officials in enforcing court orders relating to DoD members and employees stationed outside the 

United States, as well as their family members who accompany them, who have been charged with, or convicted 

of, a felony in a court, who have been held in contempt by a court for failure to obey the court's order, or have 

been ordered to show cause why they should not be held in contempt for failing to obey the court's order. 

§ 146.6 Procedures 

(a) On receipt of a request for assistance from a court, or a Federal, State or local official concerning a court order 

described in § 146.4(a), the Head of the DoD Component concerned, or designee, shall determine whether the 

request is based on an order issued by a court of competent jurisdiction. Attempts shall be made to resolve the 

matter to the satisfaction of the court without the return of, or other action affecting, the member, employee, or 

family member (subject). Before action is taken under this section, the subject shall be afforded the opportunity 

to provide evidence of legal efforts to resist the court order, or otherwise show legitimate cause for noncompliance. If the Head of the DoD S=omponent concerned determines that such efforts warrant a delay in taking action 

under this section, the DoD Component Head may grant a brief delay (not more than 90 days). All delays 

promptly shall be reported to the ASD(FM&P) [Assistant Secretary of Defense (Force Management and 

Personnel)] and to GC, DoD [General Counsel, Department of Defense]. 

(1) If the request pertains to a felony or to contempt involving the unlawful or contemptuous removal of 

a child from the jurisdiction of a court or the custody of a parent or another person awarded custody by court 

order, and the matter cannot be resolved with the court without the return of the subject to the United States, 

the Head of the DoD Component, or designee, promptly shall take the action prescribed in paragraphs (b) 

through Cd) of this section, unless the ASD(FM&P), or designee, grants an exception. 

(b) If a DoD member is the subject of the request, the member shall be ordered, under 10 USC § 814, to return 

expeditiously to an appropriate port of entry at Government expense, contingent on the party requesting return 

of the member providing for transportant, and escort, if desired, of the member from such port of entry to the 

jurisdiction of the party. The party requesting return of the member shall be notified at least 10 days before the 

member's return to the selected port of entry, absent unusual circumstances. 

(c) If the DoD employee is the subject of the request concerning the court order, the employee strongly shall be 

encouraged to comply with the court order. Failure to respond to the court order may be a basis for withdrawal 

of command sponsorship and may be the basis for adverse action against the DoD employee, to include removal 

from the Federal Service. Proposals to take such adverse action must be approved by the Head of the DoD 

Component concerned, or designee. Such proposals shall be coordinated with the cognizant civilian personnel 

office and legal counsel. 

(d) If the family member of a DoD member or employee is the subject of a request concerning the court order, 

the family member strongly shall be encouraged to comply with the court order. Failure to respond to the court 

order may be a basis for withdrawing the command sponsorship of the family member. 

108 

-----~ 
Uniform Child Custody Jurisdiction Laws, Criminal Custodial 

Interference Laws, and Parent Locator Service Telephone Numbers 

State Uniform Child Custody Jurisdiction Act Criminal Custodial Interference laws Parent locator 

(UCCJA) Service 

Alabama §30-3-20 to §30-3-44 §13A-6-45 (205) 242-9300 

Alaska §25.30.010 to §25.30.91 0 § 11.41.320 & § 11.41 .330 (907) 263-6280 

Arizona §8-401 to §8-424 §13-1302 (602) 252-4045 

x351 

Arkansas §9-13-201 to §9-13-227 §5-26-502 (501) 252-8178 

California Fam. C. 3400 to 3424 & 3130 Penal Code §277 to §279 (916) 227-3600 

Colorado §14-13-101 to §14-13-126 §18-3-304 (303) 866-5987 

(303) 866-3353 

Connecticut §46b-90 to 114 §53A-97, §53A-98 (203) 566-5438 

Delaware Title 13 §1901 to §1925 Title 11 §785 (302) 577-4832 

District of 

Columbia §16-4501 to §16-4524 §16-1021 to §16-1 026 (202) 727-5046 

(202) 727-0376 

FI'Jrida §61.1302 to §61.1348 §787.03 & §787.04 (904) 488-9907 

Georgia §19-9-40 to §19-9-64 §16-5-45 (404) 894-5933 

Hawaii §583-1 to §583-26 §707-726 to §707-727 (808) 587-3772 

Idaho §32-1101 to §32-1126 §18-4506 (208) 334-6670 

Illinois 750 ILCS 35/1 et seq. 720 ILCS 5/10-5 (217) 524-4568 

Indiana §31-1-11.6-1 to §31-1-11.6-25 §35-42-3-4 (317) 232-4936 

Iowa §598A.1 to §598A.25 §710.5 & §710.6 (515) 281-8970 

Kansas §38-1301 to §38-1326 §21-3422 §21-3422(a) (913) 296-1450 

Kentucky §403.400 to §403.630 §509.070 (502) 564-2244 

x271 

louisiana §13:1700 to §13:1724 §14:45 & §14:45.1 (504) 342-5131 

Maine Title 19 §801 to §825 Title 17-A §303 (207) 289-2886 

(no FPLS 

contract) 

Maryland Family Law §9-201 to §9-224 Family Law §9-301 & §9-304 to §9-307 (301) 333-0635 

Massach usetts Ch. 209B, §1 to §14 Ch. 265, §26A (617) 727-4200 

x363 

Michigan §600.651 to §600.673 §750.350a (517) 373-8640 

Minnesota §518A.01 to §518A.25 §609.26 (612) 297-1113 

Mississippi §93-23-1 to §93-23-47 §97-3-51 (601) 354-6845 

Missouri §452.440 to §452.550 §565.149 to §565.169 (314) 751-2464 

109 
State Uniform Child Custody Jurisdiction Act Criminal Custodial Interference Laws Parent Locator 

(UCCJA) Service 

Montana §40-7-101 to §40-7-125 §45-5-304 (406) 657-6101 

(no FPLS 

contract) 

Nebraska §43-1201 to §43-1225 §28-316 (402) 471-9349 

Nevada §125A.010 to §125A.250 §200.359 (702) 687-4960 

New 

Hampshire §458-A:1 to §458-A:25 §633.4 (603) 271-4422 

New Jersey §2A:34-28 to §2A:34-52 §2C:13-4 (609) 588-2355 

New Mexico §40-10-1 to §40-10-24 §30-4-4 (505) 827-7221 

New York Domestic Relations §75-a to §75-z Penal Law §135.45 to §135.50 (518) 474-9092 

North 

Carolina §50A-1 to §50A-25 §14-320.1 (919) 571-4120 

x226 

North Dakota §14-14-01 to §14-'14-26 §14-14-22.1 (701) 224-5486 

Ohio §3109.21 to §3109.37 §2905.04 & §2919.23 (614) 752-6567 

Oklahoma Title 43 §501 to §527 Title 43 §527 & Title 21 §891 (405) 424-5871 

x2615 

Oregon §109.700 to §109.930 §163.245 & §163.257 (503) 373-7300 

- Pennsylvania Title 23 §5341 to §5366 Title 18 §2904 (717) 783-3032 

Rhode Island §15-14-1 to §15-14-26 §11-26-1.1 and §11-26-1.2 (401) 464-3014 

South Carolina §20-7 -782 to §20-7 -830 §16-17-495 (803) 737-5820 

South Dakota §26-5A-1 to §26-5A-26 §22-19-9 to §22-19-12 (605) 773-5189 

Tennessee §36-6-201 to §36-6-225 §39-13-306 (615) 741-7923 

Texas Family Law §11.51 to §11.75 Penal Code §25.03 & §25.31 (512) 463-2181 

x3334 

Utah §78-45c-1 to §78-45c-26 §76-5-303 (801) 538-4677 

Vermont Title 15, §1031 to §1051 Title 13, §2451 (802) 241-2891 

Virginia §20-125 to §20-146 §18.2-49.1 (804) 662-9627 

Washington §26.27.010 to §26.27.910 §9AAO.060 & §9A.40.070 & §9AAO.080 (206) 586-2679 

West Virginia §48-10-1 to §48-1 0-26 §61-2-14d (304) 558-0461 

Wisconsin §822.01 to §822.25 §948.31 (608) 267-4872 

Wyoming §20-5-101 to §20-5-125 §6-2-204 (307) 777-6067 

To obtain a copy of your state's UCCJA and criminal custodial interference laws contact your lawyer or check in a major public 

library or a law library. Law schools, state and federal courts, and bar associations usually maintain comprehensive law libraries 

and many are open to the public. Check the laws in both the state from which the child was taken and the state to which the 

child was taken. 

If you have difficulty reaching the State Parent Locator Service, call or write: 

Federal Parent Locator Service, Office of Child Support Enforcement 

U.S. Department of Health and Human Services 

370 L'Enfant Promenade, SW, 4th Floor 

Washington, DC 20447-0001 

(202) 401-9267 

110 
State Missing Children Laws 

State Waiting Period for Maintain File of Cross Check of Flagging of School Verify Student 

Investigation Unidentified School Records Records Absences 

Persons 

Alabama §26-19-5 NWP §26-19-4 §26-19-4(7} 

§26-19-9 

Alaska §47.10.141 NWP §18.65.610 §14.30.700 SR 

§18.50.315 BC 

Arizona §15-829 SR 

§36-326.02 BC 

Arkansas §12-12-205 NWP §12-12-803 SR 

§12-12-802 BC 

California Penal Code §14205 Penal Code §14202 Educ. Code 

Penal Code §14206 §49068.5 

Penal Code § 14200 

Colorado §24-33.5-415.1 §24-33.5-415.1 §24-33.5-415.1 

Connecticut §7-282c NWP 

Delaware Tit. 11 §8544 

Tit. 11 §8535 NWP 

District of 

Columbia 

Florida §937-021 NWP §406.145 §937.023 §937.024 BC 

Georgia §35-3-82 §35-3-82 

§35-1-8 

Hawaii 

Idaho §18-4508 NWP §18-4511 §18-4511 SR 

§18-4510 BC 

Illinois 325 ILCS 40/1 325 ILCS 55/5 325 ILCS 55/5 

etseq. NWP 325 ILCS 50/5 325 ILCS 55/3 

720 ILCS 505/1 

Indiana §31-6-13-3 NWP §31-6-13-6 SR 

§10-1-7-8 BC 

Iowa §694.5 NWP §690.2 

Kansas §75-712c NWP §75-712b §72-53,106 SR 

Kentucky §17.460 NWP §156.495 §213.061 BC §156.495 

Louisiana §14:403.3 within §33:1563(h) 

48 hours 

-- .-. Maine Tit. 25 §2151 

KEY 

Waiting period for investigation: NWP = no waiting period 

Flagging of records: SR = school registrar flags record 

BC = government office flags birth certificate 

111 
State Waiting Period for Maintain File of Cross Check of Flagging of School Verify Student 

Investigation Unidentified School Records Records Absences 

Persons 

Maryland FL §9-402 NWP 

Massachusetts Ch. 22A §4 NWP Ch. 22A §5 Ch. 22A §9 SR 

Michigan §4.469(58) NWP §14.15(2889) BC , 

Minnesota § 299C.53 requires §123.751 SR 

preliminary 

investigation 

Mississippi Internal policy 

#MJ 63587 NWP 

Missouri §43.401 NWP §43.410 §43.408 SR 

§43.407 BC 

Montana §44-2-505 NWP §44-2-402 §44-2-511 §44-2-511 (4a) SR §44-2-507 

§44-2-506 

Nebraska §29-214 §43-2007(3) §43-2005 BC 

§43-2004 NWP §43-2007 SR 

Nevada §432.190 §481.245 §432.160 §432.205 BC, SR 

§432.205 §394.145( 4) 

§432.200 NWP 

-

New Hampshire §169E:2 §169E:4 §7:10-a 

§169E:3 NWP §169E:7 

§611 :34 

New Jersey Attorney General §52:17B-9.8 

Directive 6-12-84 

New Mexico §32-8-3 NWP §32-8-4 BC 

New York Exec. §838(9) NWP Exec.§837e Educ.§3212 Educ. §3213(c) 

Exec. §838 

North Carolina §143B-499.1 NWP §115C-403 §115V-403SR 

North Dakota §54-23.2-04.1 NWP §54-23.2-04.2 §54-23.2-04.2 SR 

§54-23.2-04.2 BC 

Ohio §2901.30 NWP §3313.672 §3313.205 

§3301.25 

112 
State Waiting Period for Maintain File of Cross Check of Flagging of School Verify Student 

Investigation Unidentified School Records Records Absences 

Persons 

Oklahoma Tit. 10 §1628 NWP Tit. 63 § 1-323.1 BC 

Oregon §146.525 NWP §146.535 

Pennsylvania Tit. 18 §2908 Tit. 18 §208a.1 Tit. 35 §450.403A 

Tit. 35 §450A02A BC,SR 

NWP 

Rhode Island §43-28.8-2.1 NWP §42-28.8-2(3) §43-28.8-7 SR §16-19-10 

§43-28.8-8 BC 

South Carolina §23-3-250 NWP 

South Dakota §22-19-14 NWP 

Tennessee §37-10-201 §37-10-205 

Texas Hum. Res. §79.008 Hum. Res. §79.003 Educ. §21.0313 

NWP Hum. Res. §79.008 Hum. Res. §79.005 

Hum. Res. §79.013 

NWP 

Utah §77-26-23 Missing §53A-11-503 §53A-11-502 SR 

for48 hours §26-2-27 BC 

Vermont Tit. 20 §1824 

NWP 

Virginia §15.1-131.9 §22.1-289 §22.1-288.1 SR §22.1-258 

NWP §52-33 Sub. Div.4 §53-31.1 BC 

Washington §13.60.020 NWP §68.50.310 

West Virginia §18-2-5c §16-5-12b BC 

IoIlisconsin 

Wyoming 

KEY 

Waiting period for investigation: NWP = no waiting period 

Flagging of records: SR = school registrar flags record 

BC = government office flags birth certificate 

113 
--

, 

; Index 

Bond 7 

posting 7, 11, 31, 60 

Child Abuse 10, 36, 48, 57, 65 

Child Find of America, Inc. 5, 53 

Child-Snatching Lawsuits xi, 15, 18, 20, 32, 36, 65 

Child Support 10,30,37,41-42, 104 

Counseling ix, 5-6, 73, 76, 78-79 

Criminal Charges ix, xii, 1, 14, 21, 24-28, 30, 33, 53, 62, 64, 79 

Custody ix, xi-xii, 1-6, 9-10, 14, 17,22,31,41-42,53,55-57,60-62,67,79,97,99,104-108 

custody order ix, xi-xii, 1,3-4,6-9, 11, 14-17,21,24,30,41,43,54-57,59-60,62-63,68, 

99, 104-105 

joint xi, 5, 8, 21, 26, 62, 104 

mediation 5, 62 

modification 6,20,56, 104-105 

Native American children 4-5, 18 

obtaining after abduction 15-18 

obtaining custody 3-4,14-15 

temporary custody xii, 20,53,56 

temporary custody order xii,4, 10, 14, 16 

Custody Decree ix, xi, 3-4, 6, 8-9, 14-15,26,34,53-56,59,61-62,67, 104-105 

enforcing ix, 9, 14-15, 33, 54-55 

filing ix, 9, 59 

modifying 9, 20, 54, 56 

prevention provisions ix, 6-8, 15, 59-60 

Department of Defense Office of Family Policy, Support and Services 17 

Department of Motor Vehicles 29,37 

Extradition xi, 25, 27, 30, 61-64 

Family Educational Rights and Privacy Act (FERP A) 19, 45, 99, 107 

Family Violence I, 10 

Federal Parent Locator Service (FPLS) 19,30,41-42,66,97, 106, 110 

parent locator service(s) 19,28,30,41-42,48, 51, 97, 106, 109-110 

Flagging 36,46,61,66, 111-113 

school records 36,46,66, 111-113 

Hague Convention 11,59,61,63,66-67,100-101, 107 

International Child Abduction 6, 15, 59-69 

Jurisdiction xi, 3-6, 16, 54-55, 60, 74, 104-108 

best interest of the child 3 

horne state of the child 3, 7, 17, 54, 105 

significant connection 3,54 

Key Contacts Worksheet 13,94 

Lawyer 

finding the right lawyer 2 

hiring a lawyer 1 

legal aid 2-3 

pro bono 3 

Mail Covers 29, 44, 66 

115 
Mediation ix, 5, 53 

Military 17, 40-41, 51, 57 

military worldwide locator service 17, 40-41 

Missing Children Act 13-14,22-23,103 

Missing Children's Assistance Act 103 

Missing Person (Child) Report ix, 13, 19, 21-23, 29,33-34,95, 104 

Moving Out of State 7-8,11 

National Center for Missing and Exploited Children (NCMEC) ii-vi, viii-ix, 2,11,14, 17, 

19-20,23-26,28, 30-35, 37, 39,42-44,46, 55, 57, 62, 64-65, 67, 73, 76, 85, 87, 

89, 91, 98, 104, inside back cover 

National Child Search Assistance Act 13,19,21-23,104 

National Crime Information Center (NCIC) ix, 13-14, 19,21-23,26-29,34,46,62-64,95-96, 

103-104 

National Law Enforcement Telecommunications System (NLETS) 29,64 

Native American Children 4-5, 18 

Association of American Indian Affairs 5 

Bureau of Indian Affairs 5 

National Congress of American Indians 5 

National Incidence Studies of Missing, Abducted, Runaway, and Thrownaway Children 

(NISMART) vii, 85 

Noncust'"'dial Parent iv, vii, xii, 1,5,7-11, 19-21,45,53,59-60,85, 107 

Parental Kidnapping Prevention Act (PKP A) 3-4, 6, 11, 15, 18, 30, 32, 41, 54-56, 104-107 

Passport 7, II, 42, 51, 59-63, 65 

Pick-Up Order xii, 7, 16, 30-31, 55-56 

Police Assistance ix, 8, 15, 53-54, 90 

Private Investigators 44-46, 51, 65 

skip traces 46,51 

Project ALERT 30 

Psychological Issues 15,68,71-76 

Reunification 15,68,71-74,85-86 

School Records 19,45-46,50-51, 107, 111-113 

Service of Civil Process 16 

Social Security Number (SSN) 9,29-30,40-42,46,48,51,96-97 

Soldier's and Sailor's Civil Relief Act 17 

Sources of Information 23,27-29,33,35-49,66 

Subpoenas 2029,33 

Telephone 

teach child to use 8 

Uniform Child Custody Jurisdiction Act (UCqA) 3-4, 6,9, 11, 15-18, 32, 54-56, 68, 83, 104, 

109-110 

Unlawful Flight to Avoid Prosecution (UFAP) ix, 14, 25-27, 42, 57, 62-64, 107 

Unmarried Parents 4,22 

paternity action 4 

unmarried father 4 

unmarried mother 4 

Victim Assistance 31-32,35 

Visitation ix, xi, I, 5-11, 15, 19-21,24-26,31,41-42,53,55,57,60-61,66-67,69,71,78, 

104-107 

reasonable visitation 6 

specify visitation 6 

Warrant ix, xii, 14,26-30,33, 39,43,47,53,56-57,62-64,98 

116' 
National Center for Missing and 

Exploited Children 

The National Center for Missing and Exploited Children (NCMEC), established in 1984 as 

a private, nonprofit organization, serves as a clearinghouse of information on missing and 

exploited children; provides technical assistance to citizens and law enforcement agencies; 

offers training programs to law enforcement and social services professionals; distributes 

photographs and descriptions of missing children nationwide; coordinates child protection 

efforts with the private sector; networks with nonprofit service providers and state 

clearinghouses on missing persons; and provides informa.tion on effective state legisla~ion 

to ensure the protection of children per 42 USC § 5771 and 42 USC § 5780. 

A 24-hoUf, toll-free telephone line is open for those who have information on missing and 

exploited children: 1-800-THE-LOST (1-800-843-5678). This number is available throughout the United States, Canada, and Mexico. The TOO line is 1-800-826-7653. The NCMEC 

business number is (703) 235-3900. The NCMEC facsimile number is (703) 235-4067. 

In April 1990 NCMEC merged with the Adam Walsh Centers. For information on the 

services offered by Ouf branches please call them in California at (714) 558-7812, Florida at 

(407) 848-1900, New York at (716) 242-0900, and South Carolina at (803) 254-2326. 

A number of publications addressing various aspects of the missing and exploited child 

issue are available free of charge in single copies by contacting the National Center for 

Missing and Exploited Children's Publications Department. 

Printed on Recycled Paper 

CENTER 

NATIONAL 

FOR ~ ~ ~ 

MISSIHG& 

EXPLOITED 

®c H I L D R E N 

2101 Wilson Boulevard, Suite 550 

Arlington, Virginia 22201-3052 
Family Abduction 

A Message to the Reader 

Prevention and Action Checklist 

Glossary 

1. Preventing An Abduction 

2. Civil Remedies If Your Child Is Abducted 

3. Criminal Remedies If Your Child Is Abducted 

4. Searching for Your Child 

5. Legally Recovering Your Child 

6. International Child Abduction 

7. Psychological Issues in Recovery and Family Reunification 

8. The Impact of Abduction on Children 

Additional Reading 

Family Abduction Projects Funded by the Office of Juvenile 

Justice and Delinquency Prevention 

Missing Children'S Organizations 

State Missing Children Clearinghouses 

Sample Documents to Assist in the Search for a Missing Child 

The Laws on Family Abduction 

Index 

National Center for Missing and Exploited Children 

3-85-003-4