Family Abductors: Descriptive Profiles and Preventive Interventions

U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention

John J. Wilson, Acting Administrator January 2001

Family Abductors: Descriptive Profiles and From the Administrator Parental abduction encompasses a broad array of illegal behaviors that Preventive Interventions involve one parent taking, detaining, concealing, or enticing away his or her child from the parent having Janet R. Johnston and Linda K. Girdner custodial access. When the abducting parent intends to permanently Background defined as the broad range of situations alter custodial access by hiding the that involve one parent’s taking, detain- child or removing the child to another Family abduction of children has become ing, concealing, or enticing away his or State or country, the effects on the a serious concern in the United States. her child from the parent who has cus- family and the obstacles to the child’s Coincident with the rapid rise in divorce tody or visitation rights. This Bulletin de- recovery are compounded. and the increase in children born to un- scribes preventive interventions— Drawing on research conducted in married parents, approximately 60 percent counseling, conflict resolution, and legal the San Francisco Bay area, this of all children spend time in a single-parent strategies—that seek to settle custody Bulletin describes the common home (Glick, 1988; Hernandez, 1988). A and access disputes for families identified characteristics of abducting parents national incidence study (Finkelhor, as at risk for parental abduction. Hotaling, and Sedlak, 1991) revealed that and profiles parents at risk for in an unprecedented number of these abducting their children. Constructive single-parent families (354,000 in 1988), Research interventions are offered for each of one parent took unilateral action to de- the six profiles provided. The interventions described in this Bulle- prive the other parent of contact with tin result from a series of research stud- It should be kept in mind that these their child. In almost half of these cases ies, which are discussed below. Research- profiles neither predict the probability (163,200), the abducting parent intended ers began by undertaking a documentary that a parental abduction will occur in to permanently alter custodial access by study of 634 parental child-stealing cases a specific situation, e.g., when a concealing the child or taking the child from all files opened by the district attor- particular family situation meets one out of his or her home State or country. ney in two California counties1 between or more of the characteristics, nor Previous research has documented the 1987 and 1990. The purpose was to de- imply that there is no danger of such obstacles to recovering these abducted scribe the demographic, family, and an abduction when no common children (Girdner and Hoff, 1993), the psy- characteristics exist. Rather, the chological harm inflicted on them, and profiles provide information that, the inordinate emotional and financial 1 Research was conducted in the San Francisco Bay along with the facts of a given case, distress placed on left-behind parents Area of California. This location was chosen for several may indicate that preventive interven- reasons: (1) California’s criminal statute broadly defines tions should be considered. (Hatcher, Barton, and Brooks, 1992; Greif parental abduction to include pre- and postcustodial and Hegar, 1993; Forehand et al., 1989). abductions and abductions committed by parents The information this Bulletin provides Social policy, consequently, is focusing on with sole custody, joint custody, and visitation rights; can be used to help prevent and re- finding ways to identify potential custody (2) because they are mandated to use both civil and duce the serious problem of parental violators early on and methods to prevent criminal remedies to locate and recover abducted abduction. these painful and costly traumas (Hegar, children, district attorneys in California have extensive files on a range of parental abductions; (3) the San 1990; Hoff, 1994, 1997). Francisco Bay Area’s large, economically and ethni- John J. Wilson Acting Administrator Parental abduction, child stealing, and cally diverse urban population provides researchers the opportunity to study a variety of situations; and serious custodial interference—terms (4) comparative data on litigated custody already used synonymously in this Bulletin—are existed in this region. dispute characteristics of custody viola- measures, at-risk parents as a group were their child; they cannot see how, or tors and the legal system’s response to substantially more cooperative, expressed even why, they should share parenting parental child stealing (Sagatun-Edwards, less disagreement, and were more likely to with their ex-partner. 1998). Researchers then drew a small rep- resolve disputes over custody issues than ◆ Abducting parents are likely to have resentative sample from the 1990 case before. Incidents of violence between at-risk very young children (the mean age is records and, 3 years later, conducted parents decreased. Most important, only 2–3). Such children are easier to trans- indepth interviews and administered psy- 10 percent of families experienced serious port and conceal, are unlikely to ver- chological tests to 70 parents from 50 custodial interference during the followup bally protest, and may be unable to tell families—35 men and 35 women, half of period, compared with 40 percent prior to others their name or other identifying whom were abductors and half of whom the counseling intervention. Women gener- information. Older children who are were left-behind parents. Researchers ally showed more consistent improvement taken or retained in violation of custody systematically compared the demo- than men for most of the outcomes mea- orders are usually those who are par- graphic, psychological, and dispute char- sured. There was no evidence that the 40- ticularly vulnerable to influence or have acteristics of these abducting families hour intervention was more effective than colluded with the abducting parent. with similar data from 114 parents of 57 the 10-hour intervention (Johnston, 1996), high-conflict families (i.e., families with but this finding must be qualified. In con- ◆ Most abducting parents (except those repeated custody litigation) referred by trast to the families that received 40-hour characterized as paranoid delusional) family court services during 1990 therapist-only services, the families that are likely to have the support of a social (Johnston, Girdner, and Sagatun-Edwards, received 10-hour treatment were linked network—family, friends, cultural com- 1999). This comparison identified the up with additional services. The families munities, cult-like groups, or an under- similarities and differences between par- that received 10-hour treatment, therefore, ground dissident movement—that ents who resort to illegal actions and could conceivably have received more provides not only practical assistance parents who use legal procedures to services. Of even greater significance was (money, food, lodging) but also emo- resolve custody and visitation disputes. the unanticipated effect that counseling tional and moral support to validate the The major characteristics that distin- intervention had on both sets of families. abducting parent’s extralegal actions. guished abducting parents from nonabduct- ◆ Most custody violators do not con- ing parents were then arranged into six Compared with abducting families identified earlier in the research for purposes of sider their actions illegal or morally profiles of parents at risk for engaging in wrong, even after the involvement of serious custodial interference (Johnston, developing risk profiles, the at-risk families assigned to counseling received heightened the district attorney’s office. 1994). attention in family court. These families ◆ Mothers and fathers are equally likely In the second phase of the research, fam- received more explicit court orders and to abduct their children, although at ily court counselors from eight San Fran- more frequently were subject to judicial different times—fathers, when there cisco Bay Area counties used the risk pro- hearings, custody evaluations, appointment was no child custody order in place; files to identify potential custody violators of a child’s attorney or special master (arbi- mothers, after the court had issued a and refer them to specialized preventive trator), and supervised visitation. Research- formal custody decree. interventions. Fifty identified families were ers hypothesize that these court-imposed It is significant that half of the families stud- assigned randomly to 10 or 40 hours of constraints and monitoring of the families ied fit more than one risk profile. For this confidential, free counseling provided by were partially responsible for the positive reason, a combination of strategies was of- mental health professionals (psycholo- outcomes observed during the 9-month ten needed to help settle custody disputes. gists, social workers, and marriage and followup period. If further research con- family counselors) with special training in firms this hypothesis, the implication is the dynamics of highly conflicted separat- that early case management in the court— Profiles of Parents At ing and divorcing families and in abduction together with brief, strategic, legal, and Risk for Abducting risk. The counseling intervention sought psychological counseling—may be suffi- to accomplish the following: cient to prevent many custodial violations. Their Children ◆ Address the underlying psychological Profile 1: When There Has conflicts and disturbed family dynam- Common Been a Prior Threat of or ics that contributed to the impasse in Actual Abduction resolving custody disputes. Characteristics of Abducting Parents When a parent has made credible threats to ◆ Help parents focus on their children’s abduct a child or has a history of hiding the Before presenting the distinguishing fea- individual and developmental needs. child, withholding visitation, or snatching tures of the risk profiles, it is important to ◆ the child from the other parent, there is Give parents information about abduc- describe the features that most of the justifiable distrust between parents and a tion laws in their State and the conse- profiles have in common: quences of custody violations. heightened risk for further serious custody ◆ violation. This risk profile is usually com- ◆ Provide parents with referrals and ac- Abducting parents are likely to deny and dismiss the other parent’s value to bined with one or more of the other process to appropriate social, health, and files. In these cases, the underlying psycho- legal services in their communities. the child. This tendency is greater in abducting parents than in parents who logical and social dynamics that motivate A followup study conducted 9 months after chronically litigate custody. Abducting the child stealing need to be understood the counseling intervention found that, parents believe that they, more than and addressed. When other risk factors compared with baseline (precounseling) anyone else, know what is best for are present, one or more of the following

2 are general indicators of threat of flight can be marked with the requirement that abusing, molesting, or neglecting the child. with a child: travel not be permitted without similar These abducting parents feel that authori- authorization. The child’s and parents’ ties have not taken their allegations seri- ◆ The parent is unemployed, homeless, passports may be held by a neutral third ously and have not properly investigated and without emotional or financial ties party, and the court may require (or both their concerns. In these cases, repeated to the area. parents may stipulate) that a substantial counterallegations are likely to occur be- ◆ The parent has divulged plans to abduct bond be posted by the departing parent— tween parents, decreasing effective com- the child and has the resources or sup- especially if the departing parent is leav- munication and increasing hostility and port of extended family or underground ing the United States on vacation. distrust. Parents who have the fixed belief dissident networks to survive in hiding. that abuse has occurred—and will con- School authorities, daycare providers, and tinue to occur—then “rescue” the child, ◆ The parent has liquidated assets and medical personnel also should have a copy made maximum withdrawals of funds often with the help of supporters who con- of the custody order and can be given ex- cur with their beliefs. Supporters, as previ- against credit cards or borrowed plicit instructions not to release the child money from other sources. ously discussed, might include family or any records of the child to the noncus- members, friends, or an underground net- todial parent. If possible, relatives and Interventions. At the request of a con- work (usually women) that helps “protec- cerned parent, the court can take a num- others who might support a parent in tive” parents (usually mothers) obtain new hiding a child should clearly understand ber of specific steps when an imminent identities and find safe locations. threat or actual history of parental abduc- their criminal liability if they aid and abet tion exists. A court order should be in in what some State laws consider a felony. In a disturbing number of such cases, the place, specifying which parent has custody, child has been previously exposed to ne- Supervised visitation is a fairly stringent glectful and abusive environments (e.g., defining arrangements for the child’s con- method of preventing parental abduction tact with the other parent, designating domestic violence, substance abuse, or and is typically used to prevent recidivism other criminal behavior by a parent). Often, which court has jurisdiction, and requir- in serious cases. It may be difficult to con- ing the written consent of the other par- an unsubstantiated allegation of sexual vince a judge to curtail a parent’s access to abuse by a father or stepfather motivated ent or order of the court before a parent his or her child this severely without sub- can take the child out of the area. If visita- a mother to abduct her child. In these stantial proof that the parent has already cases, children’s protective agencies and tion is unsupervised, plans for access for committed a crime. High-security supervi- the noncustodial parent should denote courts may fail to take measures to protect sion is expensive and difficult to obtain, the child. Instead, they may trivialize the times, dates, places of exchange, holiday and there are no guidelines for determin- periods, etc. The court order should also allegations, dismissing them as invalid or ing how long it should be in force. Parents the product of a malicious divorce. Some specify consequences for failure to observe who have recovered their children after a its provisions. Parents should be encour- forms of abuse, such as inflicting emo- traumatic abduction typically have tre- tional abuse or allowing a child to witness aged to keep a certified copy of the cus- mendous anxieties and often try to insist tody order available at all times. domestic violence, do not meet official cri- on supervised visits for years afterwards. teria of direct harm to the child. In other An explicit court order outlining the above cases, often those involving ethnic minor- provisions can be presented to the appro- Profile 2: When a Parent ity families living in poverty, parents may priate embassy or agency providing pass- Suspects/Believes Abuse not know how to present their concerns to ports and birth certificates, with the re- Has Occurred and Friends authorities in a convincing manner. In quest that the custodial parent be notified and Family Members these cases, subsequent investigations are if the other parent attempts to obtain cop- Support These Concerns cursory, and courts have insufficient sub- ies of such documents without the certi- stantiating evidence to take action. fied written authorization of both parents Many parents abduct their child because or the court. The child’s passport also they truly believe that the other parent is Interventions. The first order of business in cases involving allegations of abuse is to ensure that a careful and thorough investigation of the allegations takes place. Ac- cusing parents are likely to become calmer and more rational if they feel that investigators are taking their concerns seriously. Accused parents are more cooperative if approached with a respectful request to help the investigators discover what might have incited the suspicions of abuse. During this investigative stage, authorities should take precautions to ensure that there is no ongoing abuse or, alterna- tively, to protect a parent—who may in fact be innocent—from further allegations. Such precautions may include supervised visitation, especially if the child is very young, clearly frightened, or

3 distressed and demonstrating symptoms mutual distrust, monitor the situation, as fused with themselves as a victim (in of emotional and behavioral disturbance and—where authorized to do so—make which case, they take unilateral measures in response to parental visits. Investiga- necessary decisions for the family to rescue their child), or they perceive the tors can show the accusing parent how to when disputes reoccur. child as part of the hated other parent (in respond to the child and how to make ac- ◆ Provision of long-term therapy for the which case, they may precipitously aban- curate observations without confounding child that offers a safe place for sorting don or even kill the child). Marital disso- the investigative process. They also can through fears and phobias and disclos- lution and instigation of a custody dispute counsel the parent on how not to react ing abuse should it occur or reoccur. generally trigger an acute phase of danger visibly to the child’s unusual verbal state- for these psychotic individuals, which can ments and behaviors (e.g., sexualized ◆ Appointment of a legal representative result not only in parental abduction but play) in a manner that might encourage (guardian ad litem) for the child in the also in murder and suicide. the child to repeat these statements and event of further legal action. behaviors to get attention. Whenever pos- Interventions. Family courts need to have procedures in place to protect the child in sible, this intervention should involve Profile 3: When a Parent Is concerned extended family members and Paranoid Delusional cases involving serious delusional think- ing by one parent or both parents. A lethal- other social support persons. Moreover, it In this profile, one parent demonstrates is helpful if all relevant professionals in- ity assessment can indicate how acute the flagrantly paranoid, irrational beliefs and danger is (Hart, 1988). volved with the family are authorized by behaviors or psychotic delusions about the parents or court to talk with each the other parent. These accusing parents If the noncustodial parent is psychotic, other so they can support the family co- may claim that their former partners have visitation must be supervised in a high- hesively during the investigation and not harmed or are exercising mind control security facility and the custodial parent incite anxiety by offering discrepant, pre- over them or their child. The accusing should be helped to devise a safety plan mature conclusions. parents usually do not need the support for all other times. The psychotic parent’s visitation rights may need to be sus- Investigators—preferably with expertise in of others in these beliefs; their own con- both child abuse and the dynamics of victions are sufficiently fixed to justify pended if he or she repeatedly violates the visitation order; highly distresses the highly conflicted divorcing families— what they consider to be urgent and nec- should assemble data about the allegations essary steps to protect themselves and child by the contact; or uses his or her time with the child to denigrate the other and the child’s symptomatic behavior and the child. should use the data to formulate alternative parent, obtain information about the Although this diagnosis is rare (about 4 other parent’s whereabouts, or transmit possible explanations and reasoned conclu- percent of the studies’ samples), parents sions. Investigators should share any find- messages of physical harm, death threats, fitting this profile are often the most dan- or child abduction. If an evaluation deter- ings with both parents and their support gerous and frightening of abductors— persons. In rare cases, especially if severe mines that reinstatement of parent-child especially if they have a history of domes- contact is appropriate, visitation typically psychopathology is diagnosed in both par- tic violence, hospitalization for mental ents and their extended families, the child should begin under supervision, prefer- illness, or serious substance abuse. Typi- ably in the presence of a mental health may be placed in the temporary care of a cally, they are overwhelmed by their di- professional. neutral third party (with supervised visita- vorce and believe their former partners tion to both parents), allowing investigators have betrayed and exploited them. They If the custodial parent or the child’s pri- time to sort out who or what is fueling the may be obsessed alternately with desires mary care person is psychotic, extreme claims of abuse. for reconciliation and fantasies of revenge. care must be taken so that the litigation Professionals working with cases involv- and evaluation processes do not precipi- It is important to note that psychotic par- tate abduction or violence. The family ing allegations of parental abuse should ents do not perceive the child as a sepa- court may need to obtain an emergency keep in mind that lack of substantiation is rate person. Rather, they perceive the child not proof that abuse has not taken place. Extreme distrust and anger between parents often are the legacy of unproved ac- cusations and can affect the fragmented, divorced family for years, putting the child at risk for continued emotional—if not physical—abuse. These families need long-term structure for rebuilding trust between parents and ensuring the child’s protection. This structure can include one or more of the following: ◆ Mandated counseling for one parent or both parents to ensure appropriate parenting practices. ◆ Appointment of a special master (coparenting coordinator and arbitrator) to help parents communicate with each other, make reality checks of their

4 psychiatric screening and use ex parte agreements made in such a forum unless near the ex-spouse. If the country of ori- hearings (without notice to the psychotic doing so suits their purposes. gin has not ratified the Hague Convention parent) to effect temporary placement of on the Civil Aspects of International Child If a sociopathic parent demonstrates bla- the child with the other parent or a third Abduction,2 the stakes are particularly party while investigators undertake a tant disregard of custody orders and vio- high, as recovery of the child can be diffi- lates restraining orders, supervised or more comprehensive psychiatric and cult, if not impossible. custody evaluation. In these emergency suspended visitation is the appropriate response by the court. Access to the child Interventions. Preventive measures for situations, there should be a confidentiality waiver allowing all relevant profession- may be reinstated after the parent meets situations in which international abduction clearly stated conditions, and then only in is a possibility include the range of actions als to share information about the case with each other. The psychotic parent graduated steps to ensure compliance. discussed under profile 1 (prior threat of Moreover, the court needs to respond im- or actual abduction), especially restricting may need legal representation, and the child may need to have an attorney ap- mediately and decisively—with sanctions removal of the child from the State or such as fines and jail time—to any overt country without authorization, preventing pointed for any subsequent litigation. The court may need to appoint a judicial of- disregard of explicitly defined custody and issuance of the child’s passport, or requir- access orders to send a clear message that ing that the parent’s and child’s passports ficer or special master to monitor imple- mentation of any court orders requiring such violations are guaranteed to be costly. be surrendered. Difficulties occur when A coparenting coordinator with arbitration the child has dual citizenship, as foreign the parent and/or the child to undergo psychiatric treatment. powers (as stipulated by the parent and/or embassies and consulates are not under ordered by the court) who is prepared to any obligation to honor these restrictions testify in court may be needed over the if the request is made by the ex-spouse who Profile 4: When a Parent Is longer term to monitor the family situation is a U.S. citizen. Instead, the court may re- Severely Sociopathic for any further threat of abuse or abduc- quire the parent who is a foreign national Sociopathic parents are characterized by a tion. Only when control mechanisms such to request and obtain these assurances of long history of contempt for any authority— as these are in place can family counseling passport control from his or her own em- including the legal system—and flagrant and therapy be helpful in cases involving a bassy before granting the parent unsuper- violations of the law. Their relationships sociopathic parent. vised visitation with the child. The foreign- with other people are self-serving, exploi- national parent could also post a bond tive, and highly manipulative. They are Profile 5: When Parents Who that would be released to the left-behind likely to hold exaggerated beliefs about Are Citizens of Another parent in the event of an abduction. At their own superiority and entitlement and Country End a Mixed- times of acute risk, investigators can monitor airline schedules so that an abducting are highly gratified by their ability to exert Culture Marriage power and control over others. Cases in- parent and child could possibly be inter- volving sociopathic parents often include a Parents who are citizens of another coun- cepted prior to leaving the United States history of domestic violence. As with para- try (or have dual citizenship with the or during a scheduled stopover in a country noid and delusional parents, sociopathic United States) and have strong ties to ex- that is a party to the Hague Convention.3 parents are unable to perceive their chil- tended family in their country of origin A person may petition a foreign court to dren as having separate needs or rights. have long been recognized as potential issue an order that parallels the provi- Consequently, they often use their children abductors. The risk of abduction is espe- sions of the U.S. court order and can be blatantly as instruments of revenge or pun- cially acute at the time of separation and enforced in the foreign court’s country. ishment or as trophies in their fight with divorce, when these parents may feel cast The foreign court order can specify visita- the ex-partner. Hence, the sociopathic par- adrift from their mixed-culture marriage tion and holiday arrangements, including ent believes that domestic violence and and may need to return to their ethnic or dates and flight numbers, and can include child abduction can be perpetrated with religious roots to find emotional support a provision to return the child to the impunity. Like paranoia, a diagnosis of and reconstitute a shaken self-identity. United States if the child is abducted or severe sociopathy is rare (4 percent of Often, in reaction to being rendered help- detained in the foreign court’s country. the studies’ samples). less or feeling rejected and discarded by the ex-spouse, such parents may try to This measure is potentially costly and Interventions. For a parent diagnosed with take unilateral action by returning with time consuming for the parent who is a severe sociopathic personality disorder, the child to their country and family of confidential therapeutic mediation and origin. This may be a way of insisting that family counseling constitute an inappropri- the abducting parent’s cultural identity 2 The Hague Convention on the Civil Aspects of Interna- ate and possibly dangerous intervention. be given preeminent status in the child’s tional Child Abduction, ratified in 1986, is an interna- Such interventions are inappropriate be- tional treaty that establishes administrative and upbringing. judicial mechanisms to bring about the prompt return cause a sociopathic parent lacks the ca- In this profile, parents at risk of becom- of an abducted or wrongfully retained child, usually to pacity to develop a working therapeutic his or her country of habitual residence, and to facili- alliance with a counselor. It can be danger- ing abductors are those who idealize tate the exercise of visitation across international bor- ous because the sociopathic parent may their own family, homeland, and culture ders. The Convention took effect in 1988, following hide behind the confidentiality of the pro- and deprecate American culture. They are enactment of the International Child Abduction Rem- gram and manipulate and control the likely to repudiate the child’s mixed heri- edies Act, a Federal implementing statute. other parties—including the counselor— tage. Furthermore, their own homeland 3 See www.missingkids.com/international/ to achieve his or her own ends. Socio- may offer more emotional and financial international_division.html for current signatories to pathic parents are unlikely to respect support than is available in a location the Hague Convention on the Civil Aspects of Interna- tional Child Abduction.

5 U.S. citizen because it usually involves when they were informed that the father, hiring legal representation in the foreign by law, had joint rights to the child. country and crafting a reciprocal order Subgroup 5. Parents who are victims of that conforms to both countries’ child custody laws and procedures (Crouch, domestic violence are at risk of abducting their child, especially when the courts and 1996). The cost, however, may be warranted if it diminishes the risk involved in community have failed to take the necessary steps to protect them from abuse or granting foreign nationals their under- standable wishes to visit their homeland to hold the abuser accountable. Joint custody, mediated agreements, and visitation with their children if the home country is not party to the Hague Convention. It is orders too often leave victims vulnerable to ongoing violence, despite their separa- also important for all involved parties to know that U.S. laws exclude non-U.S. citi- tion from the abuser. When such victims abduct their child, the violent partners zens who abduct a child out of the United States—and their foreign relatives and may successfully obscure the facts about the abuse and activate abduction laws to friends who assist in keeping a child abroad—from entering the United States. regain control of their victims. This information may deter non-U.S. citi- Interventions. Of all the at-risk parent zens who travel in and out of the United profiles, socially and economically States from being party to child abduction. alienated parents, especially women, have Although the above measures can help the best prognosis for an effective preventive intervention, which is limited only by prevent abductions, they do not address the underlying factors that may prompt the lack of helpful community resources. Some helpful resources these parents parents to abduct their child and flee to another country, nor do they sufficiently need include the following: deter parents who are highly motivated to afford legal representation or psychologi- ◆ Legal counseling and advocacy, i.e., abduct. To help these parents settle their cal counseling that would help them re- access to information and education internal conflicts, culturally sensitive solve their disputes appropriately. In the about custody and abduction laws and counseling and mediation are needed to research study described earlier in this about the rights of both parents—even discern and address underlying psycho- Bulletin, 38 percent of abducting parents when there has been no marriage or logical dynamics. These parents should be belonged to this subgroup. sustained relationship. Abuse victims reminded that the child needs both par- need advocates to help them obtain ents and opportunities to appreciate and Subgroup 2. Parents who have had prior restraining orders and custody and integrate his or her mixed cultural or ra- negative experiences with the criminal or visitation orders that do not place cial identities. Parents who have idealized civil courts do not expect family courts to them in further danger. Alienated par- their own culture, childhood, and family of be responsive to their plight. In the re- ents need a user-friendly court system, origin may need encouragement to adopt a search study described earlier in this Bulle- a cooperative clerical staff, language more realistic perspective. It may also be tin, 50 percent of abductors and 40 percent translation services, and support per- necessary to provide alternative sources of left-behind parents had an arrest record. sons who will accompany them of emotional and financial support to help Subgroup 3. Parents who belong to cer- through the legal process. a homesick parent remain in the area and tain ethnic, religious, or cultural groups ◆ Access to affordable psychological find ways to visit the foreign homeland may hold views about childrearing that counseling services for themselves and with assurances for the return of the child. are contrary to prevailing custody laws, their children. Such services can help which emphasize gender neutrality and them manage their emotional distress Profile 6: When Parents Feel the rights of both parents. For example, and vulnerability and strengthen their Alienated From the Legal many low-income African Americans— parenting capacities at the time of System and Have Family/ who were overrepresented in this profile— separation and after divorce. Social Support in Another consider childrearing to be the preroga- ◆ Family advocates to help them bridge Community tive of the mother and her maternal kin. the cultural, economic, and logistical Several subgroups of potential parental Subgroup 4. A mother who has a transient, chasms to access other community abductors feel alienated from the judicial unmarried relationship with her child’s resources, such as domestic violence system. These parents rely on their own father often views the child as her exclu- services, substance abuse monitoring informal networks of kin, who may live sive property, and her extended family and counseling, training and employ- in another geographical community, to supports this belief. In the study, almost ment opportunities, housing options, resolve family problems—including half of the abducting parents had never and mental health services. custody disputes. Listed below are married their child’s other parent. Many ◆ Important members of their informal five such subgroups. of the women had assumed they had sole social networks to be included in any Subgroup 1. Parents who are indigent and custody and were genuinely surprised, brief intervention to provide these vul- poorly educated lack knowledge about often outright aggrieved—especially if the nerable families with long-term support custody and abduction laws and cannot father had not provided child support— and protection.

6 Conclusion such as a parent who has a serious Hoff, P.M. 1994. Parental Abduction: How To mental or personality disorder, a his- Prevent an Abduction and What To Do If The profiles of parental risk for abduction tory of abuse or violence, or little or Your Child Is Abducted, 4th ed. Washington, described in this Bulletin were derived no prior relationship with the child. DC: National Center for Missing and Ex- from a relatively small descriptive study ploited Children. comparing samples of abducting and litigating individuals with custody dis- For Further Information Johnston, J.R., and Girdner, L.K., eds. putes. It is not known to what extent American Bar Association 1996. Prevention of Parent or Family Ab- these samples are representative of the Center on Children and the Law duction Through Early Identification of Risk larger populations of abducting and liti- 202–662–1720 Factors. Final Report. Washington, DC: U.S. gating parents in other jurisdictions. 202–662–1755 (fax) Department of Justice, Office of Justice These descriptive data do not provide E-mail: [email protected] Programs, Office of Juvenile Justice and any statistical prediction of the probabil- Internet: www.abanet.org/child Delinquency Prevention. ity that an abduction will occur when any individual or family situation meets the Hilton House (Web site on international criteria for one or more of these profiles; abduction) References nor is it possible to estimate the probabil- 408–246–8511 Crouch, R.E. 1996. Resolving international ity of an abduction occurring when these 408–246–0114 (fax) custody disputes in the United States. criteria are not met. E-mail: [email protected] Journal of the American Academy of Matri- Internet: www.hiltonhouse.com monial Lawyers 13:229–270. Given this limited knowledge about parental abduction and the difficulty of predict- National Center for Missing and Exploited Finkelhor, D., Hotaling, G., and Sedlak, A. ing future behavior, what principles Children (NCMEC) 1991. Children abducted by family mem- should guide the Nation’s social policies 703–274–3900 bers: A national household survey of inci- for preventive interventions? Many of the 703–274–2222 (fax) dence and episode characteristics. Jour- interventions prescribed above are sim- Internet: www.missingkids.com nal of Marriage and the Family 53:805–817. ply good standards of professional and Office of Juvenile Justice and Delinquency court practice for the provision of legal Forehand, R., Long, N., Zogg, C., and Prevention Parrish, E. 1989. Child abduction: Parent and psychological counseling, mediation, Child Protection Division and custody evaluation services, espe- and child functioning following return. 202–616–3637 Clinical Pediatrics 28:311–316. cially to those who are economically and 202–353–9093 (fax) socially alienated. The social policy di- E-mail: [email protected] Girdner, L.K., and Hoff, P.M., eds. 1993. Ob- lemmas arise in those instances involving Internet: www.ojjdp.ncjrs.org stacles to the Recovery and Return of Paren- restrictions to the custody and access tally Abducted Children. Final Report. Wash- rights of parents as preventive measures. Office of Juvenile Justice and Delinquency ington, DC: U.S. Department of Justice, Policymakers must ask, “Is it worse not to Prevention Office of Justice Programs, Office of Juve- have protected a child who is subse- National Training and Technical nile Justice and Delinquency Prevention. quently abducted or to have placed re- Assistance Center strictions on the rights of a parent who 800–830–4131 Glick, P.C. 1988. The role of divorce in the may have never abducted?” They must 703–385–3206 (fax) changing family structure: Trends and decide what responsibility the court E-mail: [email protected] variations. In Children of Divorce: Empiri- should assume in protecting children Internet: www.ojjdp.ncjrs.org cal Perspectives on Adjustment, edited by from possible abduction, in the absence S.A. Wolchik and P. Varody. New York, NY: U.S. Department of State, Office of of any actual wrongdoing, by a divorcing Gardner, pp. 3–34. Children’s Issues parent who is, for example, foreign-born Overseas Citizen Services Greif, G.L., and Hegar, R.L. 1993. When and homesick for familiar surroundings. 202–736–7000 Parents Kidnap: The Families Behind the The authors propose that the more re- 202–647–2835 (fax) Headlines. New York, NY: Free Press. strictive measures suggested in this Bulle- 202–647–3000 (autofax) Hart, B. 1988. Beyond the duty to warn. In tin are warranted under three conditions: Internet: travel.state.gov/ Feminist Perspectives, edited by K. Yilo officeofchildissues.html ◆ When the risks for abduction are par- and M. Bograd. Newbury Park, CA: Sage ticularly high, as indicated by prior U.S. Department of State, Office of Publications, Inc. custody violations, clear evidence of Passport Services Hatcher, C., Barton, C., and Brooks, L. plans to abduct, and overt threats to Internet: travel.state.gov/ 1992. Families of Missing Children. Final take the child. passport_services.html Report. Washington, DC: U.S. Department ◆ When obstacles to locating and recov- The following sources provide additional of Justice, Office of Justice Programs, Of- ering an abducted child would be par- information on parental abduction: fice of Juvenile Justice and Delinquency ticularly great, as they would be in Prevention. uncooperative jurisdictions in some Chiancone, J., and Girdner, L. 1998. Issues Hegar, R.L. 1990. Parental kidnapping and States and abroad—especially in coun- in Resolving Cases of International Child U.S. social policy. Social Service Review tries not party to the Hague Convention. Abduction. Final Report. Washington, DC: U.S. Department of Justice, Office of Jus- 64:407–422. ◆ When the child faces substantial po- tice Programs, Office of Juvenile Justice tential harm from an abducting parent, and Delinquency Prevention.

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Hernandez, D.J. 1988. Demographic trends tion of Risk Factors. Final Report of Stage II. Identification of Risk Factors. Final Report and the living arrangements of children. Washington, DC: American Bar Associa- of Stage I. Washington, DC: American In Impact of Divorce, Single Parenting & tion, Center on Children and the Law. Bar Association, Center on Children and Stepparenting on Children, edited by E.M. the Law. Prevention of Parent Hetherington and J.D. Arasteh. Hillsdale, Johnston, J.R. 1996. or Family Abduction Through Early Identifi- NJ: Lawrence Erlbaum, pp. 3–22. cation of Risk Factors. Final Report of This Bulletin was prepared under grant number Hoff, P.M. 1994. Parental Abduction: How Stage II, Chapters 1 and 2. Washington, 92–MC–CX–0007 from the Office of Juvenile To Prevent Abduction and What To Do If DC: American Bar Association, Center on Justice and Delinquency Prevention, U.S. Your Child Is Abducted, 4th ed. Washing- Children and the Law. Department of Justice. ton, DC: National Center for Missing and Points of view or opinions in this document are Exploited Children. Johnston J.R., Girdner, L.K., and Sagatun- Edwards, I. 1999. Developing profiles of those of the authors and do not necessarily Hoff, P.M. 1997. Parental kidnapping: risk for parental abduction of children represent the official position or policies of Prevention and remedies. Unpublished from a comparison of families victimized OJJDP or the U.S. Department of Justice, nor manuscript. Washington, DC: American by abduction with families litigating cus- have they been approved by the House of Bar Association, Center on Children and tody. Behavioral Sciences & the Law Delegates or the Board of Governors of the the Law. 17:305–322. American Bar Association (ABA). The views, accordingly, should not be construed as Johnston, J.R. 1994. Prevention of Parent or Sagatun-Edwards, I.J. 1998. Prevention of representing the official position or policies of Family Abduction Through Early Identifica- Parent or Family Abduction Through Early the ABA.

Acknowledgments The Office of Juvenile Justice and Delin- quency Prevention is a component of the Of- Janet R. Johnston, Ph.D., is Associate Professor in the Administration of Justice fice of Justice Programs, which also includes Department, San Jose State University, and Executive Director of the Judith the Bureau of Justice Assistance, the Bureau Wallerstein Center for the Family in Transition, Corte Madera, CA. Linda K. of Justice Statistics, the National Institute of Girdner, Ph.D., was Director of Research at the American Bar Association Center Justice, and the Office for Victims of Crime. on Children and the Law during the time of the grant project. All photographs copyright © 1999 PhotoDisc, Inc.