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Early Identification of Risk Factors for Parental Abduction

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Early Identification of Risk Factors for Parental Abduction U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention March 2001 Early Identification of Risk A Message From OJJDP Factors for Parental While State custody laws vary, the laws of every State establish that Abduction abducting one’s own child is a crime. OJJDP has funded four research projects on preventing family abduc- Janet R. Johnston, Inger Sagatun-Edwards, tions: a documentary study, a cri- Martha-Elin Blomquist, and Linda K. Girdner minal sanctions study, an interview study, and an intervention study. The “You’ll never see your child again!” When ◆ What type of parent abducts his or design and findings of these research are these words an idle threat spoken in her child? projects are described in this Bulletin. anger and frustration and when are they ◆ What role does family violence play in The findings provide information a warning that a parent intends to abduct increasing the likelihood of abduction? regarding the risk factors associated his or her child, depriving the child and with parental kidnaping and strate- the other parent of future contact? ◆ How can one identify which child is at risk of being abducted by a parent or gies that can be used to intervene Although custody laws vary from State to other family members? with families at greatest risk. They State, abducting one’s own child is a address such critical factors as the ◆ What can be done to prevent family crime in every State. If a parent or other characteristics of parents who abduct abductions and protect the child? family member takes, hides, or keeps a their own children, the role family child away from a parent with custody or This Bulletin describes the multiple dis- violence plays in increasing the like- visitation rights, then he or she may have crete research projects that made up the lihood of parental abduction, ways of committed a crime.1 More important, a research study and highlights the find- identifying children at risk of being child often is harmed by life on the run ings. The authors also recommend steps abducted by a parent or other family and by being deprived of his or her other that communities can take to help protect member, and steps that can be taken parent. Prior to abduction, many of these children from family abduction. to protect children from family children have been exposed to neglectful abduction. and abusive behaviors in their homes and Recommendations to increase pa- have witnessed high levels of conflict be- Research Design rental access to legal resources, tween their parents. These children are at The four discrete research projects that develop responses to reported family risk for psychological harm. made up the study were designed to violence, provide services to families The U.S. Department of Justice, Office of involved in custody disputes, protect children’s interests, and create uni- Juvenile Justice and Delinquency Preven- 2 The research study was a collaboration between the tion, funded a research study (Johnston et Judith S. Wallerstein Center for the Family in Transition fied family courts are also included. al., 1998) on prevention of family abduc- and the American Bar Association Center on Children OJJDP believes that the information tion through early identification of risk and the Law. The authors encourage readers to study this Bulletin provides will enhance factors to answer the following questions:2 the full report, Prevention of Parent or Family Abduction Through Early Identification of Risk Factors (Johnston et efforts to identify risk factors for pa- al., 1998), which brings together several years of re- rental abduction and help protect search and provides much greater detail regarding who 1 children from harm. In some States, these actions are a crime if a custody abducts their child, what interventions are effective, order is in place, while in other States, these actions and how to protect the child from family abduction. To are a crime if the parent has a right to custody. order a copy of this report (NCJ 182791), call 800–638– 8736 or send an e-mail to [email protected]. Profiles of Parents At Risk for Abducting Their Children Profile 1: When There Has Been a Prior In a large number of cases, the child has been previously Threat of or Actual Abduction exposed to neglectful, endangering, or violent environ- When a parent has made credible threats to abduct a child ments (e.g., domestic violence or substance abuse). In or has a history of hiding the child, withholding visitation, or these cases, the courts and child protective services may snatching the child from the other parent, there is great dis- have failed to protect the child and the concerned parent or trust between the parents and a heightened risk of further family member. They may have trivialized the allegations, custody violation. This risk profile is usually combined with dismissing them as invalid or the product of a contentious one or more of the other profiles. In these cases, the under- divorce. Often, however, the allegation of sexual abuse by a lying psychological and social dynamics that motivate the father or stepfather that motivates a mother to abduct her abduction need to be understood and addressed. When other child is unsubstantiated. In these cases, the abduction can risk factors are present, one or more of the following are gen- psychologically harm the child and the other parent, possi- eral indicators of an imminent threat of flight with the child: bly leaving their relationship in serious need of repair. ◆ The parent is unemployed, homeless, and without emo- Profile 3: When a Parent Is Paranoid Delusional tional or financial ties to the area. Although only a small percentage of parents fit this profile, ◆ The parent has divulged plans to abduct the child and has these parents present the greatest risk of physical harm or the resources or the support of extended family and/or death to the child, regardless of whether an abduction oc- friends and underground dissident networks needed to curs. Parents who fit the paranoid profile hold markedly irra- survive in hiding. tional or psychotic delusions that the other parent will defi- ◆ The parent has liquidated assets, made maximum with- nitely harm them and/or the child. Believing themselves to drawals of funds against credit cards, or borrowed money be betrayed and exploited by their former partner, these from other sources. parents urgently take what they consider to be necessary measures to protect themselves and the child. Profile 2: When a Parent Suspects or Believes Psychotic parents do not perceive the child as a separ- Abuse Has Occurred and Friends and Family ate person. Rather, they perceive the child as part of Members Support These Concerns themselves—that is, as a victim (in which case they take Many parents abduct their child because they believe that the unilateral measures to rescue the child)—or they perceive other parent is abusing, molesting, or neglecting the child. the child as part of the hated other parent (in which case These abducting parents feel that the authorities have not they may precipitously abandon or even kill the child). Mari- taken them seriously or properly investigated the allega- tal separation and/or the instigation of the custody dispute tions. Repeated allegations increase the hostility and dis- generally triggers an acute phase of danger for these psy- trust between the parents. Parents who have the fixed belief chotic individuals. The result can be not only parental ab- that abuse has occurred—and will continue to occur—then duction, but also murder and suicide. “rescue” the child, often with the help of supporters who con- cur with their beliefs, justify their actions, and often help with Profile 4: When a Parent Is Severely Sociopathic the abduction and concealment. Supporters might include family members, friends, or underground networks (usually Sociopathic parents are characterized by a long history of women) that help “protective” parents (usually women) ob- flagrant violations of the law and contempt for any authority— tain new identities and find safe locations. including that of the legal system. Their relationships with identify the characteristics of abductors ◆ Abduction by a parent with rights of files on a range of parental abductions.3 and their families and examine the effec- custody who has a custody order from Third, California is a large State with a tiveness of interventions used to prevent the court (postcustodial abduction). diverse population, and fourth, compara- or respond to child abductions. Research ◆ Abductions by persons with no rights tive data on litigated custody already was conducted in the San Francisco Bay of custody. exist in California. Finally, California pro- Area of California. This location was cho- vides an affirmative defense for victims sen for several reasons. First, California’s Unwed, married, separated, or divorced criminal statute broadly defines parental parents and parents who have sole or abduction (also known as criminal custo- joint custody or visitation or no custody 3 When this study was conducted, California was the dial interference or child stealing) to in- rights can commit parental abduction by only State in which the district attorneys acted as the clude the following offenses: violating the rights of the other parent. enforcement arm of the family court. The Uniform Child-Custody Jurisdiction and Enforcement Act— ◆ Abduction by a parent with rights of A second reason for choosing California is promulgated in 1997 by the National Conference of custody and visitation who has no cus- that, because they are mandated to use Commissioners on Uniform State Laws and approved both civil and criminal remedies to locate by the American Bar Association in 1998—includes tody order from the court (precustodial enforcement provisions similar to California’s.
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