in cooperation with the ABA Center on Children and the Law A program of the Young Lawyers Division American Bar Association Family Abduction Prevention and Response FAMILY A BDUCTION: PREVENTION AND RESPONSE - - FAMILY ABDUCTION: PREVENTION AND RESPONSE Family Abduction Prevention and Response March 2002 Fifth Edition Revised by Patricia M. Hoff, Esquire Copyright © 1985, 2002 National Center for Missing & Exploited Children®. All rights reserved. Charles B. Wang International Children’s Building 699 Prince Street Alexandria, Virginia 22314-3175 U.S.A. 1-800-THE-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 neither it nor the author is engaged in rendering legal or other professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought. This project was supported by Grant No. 2005-MC-CX-K024 awarded by the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice, National Center for Missing & Exploited Children, nor American Bar Association. National Center for Missing & Exploited Children® is a registered service mark of the National Center for Missing & Exploited Children. FAMILY A BDUCTION: PREVENTION AND RESPONSE - - FAMILY ABDUCTION: PREVENTION AND RESPONSE Contents Acknowledgments…v A Message to the Reader…vii Glossary…ix Family-Abduction Prevention and Action Checklist…1 Preventing Abductions…7 Chapter Overview…7 Get a Valid, Enforceable Custody Determination…9 Prevention Provisions in the Custody Determination…9 Preventing International Abductions and Wrongful Retentions…15 Practical Things Parents Can Do to Reduce the Risk of Abduction…17 Civil-Court Remedies If Your Child Is Abducted…21 Chapter Overview…21 Getting a Custody Determination…23 Do You Need a Lawyer?…24 Filing for Custody…27 Getting Custody in Special Circumstances…31 Child-Snatching Lawsuits…34 Noncustodial Parents’ Civil Remedies When Custodial Parents Disappear With the Child…35 Criminal Remedies In Family-Abduction Cases…37 Chapter Overview…37 Left-Behind Parent’s Role…39 Law Enforcement and Prosecutor’s Role in Family-Abduction Cases…39 What If a Criminal-Justice Professional Won’t Get Involved?…40 Missing-Person Investigation…41 Criminal Charges…44 The Criminal Investigation…50 The Arrest…52 Extradition…53 Conviction and Punishment…54 Victim Assistance…55 Searching for Your Child…57 Chapter Overview…57 Missing Children’s Organizations…59 Sources of Information…61 Pursue All Legal Means Available…80 Checklist of Information Sources...81 FAMILY A BDUCTION: PREVENTION AND RESPONSE - iii Recovering Your Child…85 Chapter Overview…85 Voluntary Return…87 Public Enforcement: Help from Law Enforcement and Prosecutors…87 Filing and Registering Out-of-State Custody Orders…88 Registering an Order Under the UCCJEA…89 Going to Court to Enforce Your Custody Order…89 Temporary Care for the Child…94 Transporting the Child Home…95 Special Enforcement Problems If the Abductor Is In the Military and Stationed in Another Country…95 Self-Help Recovery: Is it Advisable?…95 Post-Recovery Prevention Measures…96 International Child Abduction…97 Chapter Overview…97 The Problem…99 Overview of the Legal Response to International Child Abduction…99 Preventing International Abductions…100 Civil Remedies in International Abductions…103 Criminal Remedies in International Abductions…106 Searching for Your Internationally Abducted Child…107 Recovering Your Internationally Abducted Child…110 Psychological Issues in Recovery and Family Reunification…115 Chapter Overview…115 Specific Issues Prior to Recovery…117 Reunification Meeting Recommendations…118 Specific Issues After Recovery…120 Planning for the Future…121 The Impact of Abduction on Children…123 Chapter Overview…123 The Study…125 One Family’s Experience…125 Appendices…129 Bibliography…131 Missing Children’s Organizations…137 Laws Applicable to Family Abduction…139 State Directory of Family-Abduction Laws and Resources…163 Key Contacts in Parental-Kidnapping Cases…217 Missing Person’s Report for an Abducted Child…219 Sample Request for Authorization to Use the FPLS…221 Missing-Child Poster…223 Sample Request for FERPA Records…225 Application for Assistance Under the Hague Convention on Child Abduction…227 Index…229 National Center for Missing & Exploited Children...231 iv - FAMILY ABDUCTION: PREVENTION AND RESPONSE Acknowledgments This is the fifth edition of Family Abduction. It was prepared by Patricia M. Hoff, Esquire. Julie Eckert, Benjamin Graham, and Paula Niederman, summer law interns at the National Center for Missing & Exploited Children, provided valu- able research assistance. In addition Ms. Eckert prepared the “State Directory of Family-Abduction Laws and Resources,” (“State Directory”) beginning on page 163, which is new to this edition. Nancy Hammer, the National Center for Miss- ing & Exploited Children’s General Counsel and Director of the International Division, spearheaded the completion of this edition. The first three 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 were written by Patricia M. Hoff. The third edition was revised by Patricia M. Hoff and Janet Kosid Uthe, Esquire. The fourth edition, published in 1994 under the title of Family Abduction: How To Prevent an Abduction and What to Do If Your Child Is Abducted, was revised by Judith Drazen Schretter, Esquire, and Donna Castle Aspell, Esquire. The fourth edition rearranged the origi- nal material and incorporated valuable suggestions made by many readers of the earlier versions. This fifth edition updates and revises the fourth edition. It contains informa- tion about new laws and tools that address family-abduction cases. It identifies relevant web sites on the Internet that were only beginning to become available when the previous edition was published. Each major chapter begins with an overview and contains a checklist to help parents organize their efforts to help prevent or resolve family abductions. The “State Directory” gives a snapshot of each state’s response to family-abduction cases to better inform parents about the laws and resources in their states. A section titled “Laws Applicable to Family Abduction” can be found beginning on page 139. It is included for the conve- nience of those who might have difficulty accessing them. The National Center for Missing & Exploited Children acknowledges the many people who contributed to the previous editions of this book, whose efforts paved the way for the current volume. The individuals listed below are acknowledged for sharing their expertise to help ensure the presentation of accurate and useful information in this edition. They include Charlie Bond, Second Lieutenant, Supervisor, Child Services Unit, Fairfax County Police Department, Fairfax, Vir- ginia; Susan Kreston, Senior Attorney, American Prosecutors Research Institute, Alexandria, Virginia; David L. Peery, Retired Investigator, formerly with the Kern County (California) District Attorney’s Office, Oshkosh, Wisconsin; and Dave Wagner, Deputy District Attorney, Office of the District Attorney, Orange County, California. And from the National Center for Missing & Exploited Children contributors include John B. Rabun, Jr., A.C.S.W., Vice President and Chief Operating Officer; Nancy Hammer, Esquire, General Counsel and Director of the Interna- tional Division; Ben Ermini, Director, Missing Children’s Division; Bud Gaylord, Director, and Cathy Nahirny, Supervisor, of the Case Analysis and Support Divi- sion; Marsha Gilmer-Tullis, Family Services Advocate; and, from the Publications Department, Sue Carruthers, Sheila Chapman-Panizza, Veronica Culley, Catherine and Theresa Delaney. NCMEC also acknowledges the state missing children’s clearinghouse staff members who provided information for this edition and NCMEC’s computer tech- nicians for their wizardry. Artwork by John Katsu FAMILY A BDUCTION: PREVENTION AND RESPONSE - v - FAMILY ABDUCTION: PREVENTION AND RESPONSE A Message to the Reader Many child kidnappings that take place in the United States (U.S.) are committed by a parent or other family member. An estimated 354,100 children were abducted by parents or family members in the U.S. in 1988, according to the National Inci- dence Studies: Missing, Abducted, Runaway, and Thrownaway Children in America (NISMART), a study published by the Office of Juvenile Justice and Delinquency Prevention (OJJDP), U.S. Department of Justice, in 1990. When a child is wrongfully taken or retained by a 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 interchangeably in this book. Both have civil and criminal meanings. When a parental kidnapping occurs, the government may pursue criminal process against the abductor if a criminal law violation has occurred. Law enforcement, prosecutors, and the Federal Bureau of Investigation (FBI) are part of the criminal-justice system. The left-behind parent’s lawyer and family