Parental Kidnapping

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Laws vary by state in regards to how parental kidnapping is defined. Unless there is a court order in place, both parents have equal rights to the child or children involved.

• Parental kidnapping applies to direct violation of a custody order put in place by a court where one parent abducts the child or children in question out of the state, country or to an undisclosed location without the explicit permission of the other parent.
• Most parents do not consider taking his or her child into his or her primary care for any period of time to be kidnapping, whether it is with or without the other parent's permission.
• Most individuals do not know the specifics of the statutes pertaining to parental kidnapping.

In order to be educated on what constitutes parental kidnapping, parents are advised to consult with a lawyer who is an expert in this area of law.

Kidnapping and Family Court

If there is a failure to fully comply with a custody agreement issued by a family court, law enforcement can intervene. In 1980, a federal act called The Parental Kidnapping Prevention Act (PKPA) was put into effect with an objective of establishing national standards for the assertion of child custody jurisdiction within the U.S. At the root of most parental kidnappings is domestic violence or some other type of extreme verbal, mental, or emotional abuse. Victims of domestic abuse usually resort to fleeing from his or her current location. They take their children with them to avoid further abuse and as such, cross state lines resulting in direct violations of custody agreements.