Tuft & Arnold, PLLC is experienced in handling parental child abductions in both national and international cases.  Parental child abduction involves civil and criminal laws at state, national and international levels. Parental abductions range from parents who flee with a child temporarily in the hopes of gaining an advantage in a custody dispute to parents who cross state or international lines with an intent to permanently deprive the other parent of parental rights.

The National Center for Missing and Exploited Children website provides information on preventing and responding to parental abductions at: http://www.ncmec.org. The U.S. Department of State website also provides resources at: http://travel.state.gov/family/abduction/resources/resources_559.html.

The following are some of the laws, which may be implicated in your case:

• Extradition Treaties Interpretation Act of 1998: This law authorizes the United States to interpret extradition treaties, which cover the offense of “kidnapping,” to include parental abduction cases.
• The Hague Convention on the Civil Aspects of International Parental Child Abduction (Hague Convention): Requires member states to return children who are unlawfully removed or retained to their country of habitual residence. A list of signatory countries to the Hague Convention can be accessed at: http://travel.state.gov/family/abduction/hague_issues/hague_issues_1487.html.
• International Child Abductions Remedy Act (ICARA): The legislation that implements the Hague Convention in the United States.
• International Parental Kidnapping Crime Act of 1993 (IPKCA): The IPKCA makes international child abduction a federal felony and imposes criminal fines and/or imprisonment on anyone who removes a child from the United States unlawfully or unlawfully retains a child in a foreign country.
• Parental Kidnapping and Prevention Act as amended by the Visitation Rights Enforcement Act (PKPA): The PKPA is a federal statute, which applies full faith and credit principles to child custody and parenting time orders issued in substantial conformity with its jurisdictional and notice requirements. The PKPA does not require a parental kidnapping to take effect and is applicable to all custody and parenting time proceedings that involve out-of-state decrees.
• Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA): The Uniform Law Commissioners promulgated the UCCJEA in 1997 to replace the UCCJA. The UCCJEA is a state statute which governs subject matter jurisdiction over child custody and parenting time determinations and which provides for interstate enforcement mechanisms of child custody and parenting time determinations. The UCCJEA took effect in Minnesota on January 1, 2000. According to the National Conference of Commissioners on Uniform state laws, as of January 2007, 45 states and the U.S. Virgin Islands have now adopted the UCCJEA. For a current update on state adoptions, check the National Conference of Commissioners on Uniform State Laws web site at: http://www.nccusl.org.

Minnesota also has a statute, which criminalizes parental child abduction. Depending upon the specific circumstances of your case, your attorney will help you navigate your options looking at both preventative and responsive measures.

For more information:

• Minnesota Child Custody and Support Deskbook, "Interstate and International Jurisdiction and Custody Issues," Minnesota State Bar Association, September 2006, Thomas W. Tuft and Valerie D. Arnold.

• "International Parental Child Abduction,” Bench & Bar, December 2004, Volume LXI, Number XI, Valerie D. Arnold and Thomas W. Tuft.

• “Preventing Parental Kidnapping: Jurisdictional and Enforcement Issues,” Minnesota State Bar Association Family Law Forum, Spring 2002, Volume 12, No. 3, Thomas W. Tuft and Valerie D. Arnold.