dolphins96
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The International Parental Kidnapping Crime Act 1993 (IPKCA) is a United States federal law. This law makes it a federal crime to remove a child from the United States or retain a child outside the United States with the intent to obstruct a parent's custodial rights, or to attempt to do so (See 18 U.S.C. § 1204.) This crime is punishable by up to three years in prison. The Justice Department said it rarely pursues prosecutions under the IPKCA, because its prosecutors assume a U.S. indictment will prevent children from being returned.
On many occasions parents of Indian origin have taken a child to India and have immediately sought favorable custody orders from the Indian courts. Usually such efforts will not be recognized in the United States and they may well be counterproductive. A U.S. court will not permit parents to evade U.S. jurisdiction by the subterfuge of a parent taking the child to another jurisdiction. This is even if the per-decree abduction was not illegal under United State law.
Exercising Custody Rights
While traveling in a foreign country, you are subject to the laws of that country. It is important for parents to understand that, although a left-behind parent in the United States may have custody or visitation rights pursuant to a U.S. custody order, that order may not be valid and enforceable in the country in which the child is located. For this reason, we strongly encourage you to speak to a local attorney if planning to remove a child from a foreign country without the consent of the other parent. Attempts to remove your child to the United States may:
Endanger your child and others;
Prejudice any future judicial efforts; and
Could result in your arrest and imprisonment.
The U.S. government cannot interfere with another country’s court or law enforcement system.
On many occasions parents of Indian origin have taken a child to India and have immediately sought favorable custody orders from the Indian courts. Usually such efforts will not be recognized in the United States and they may well be counterproductive. A U.S. court will not permit parents to evade U.S. jurisdiction by the subterfuge of a parent taking the child to another jurisdiction. This is even if the per-decree abduction was not illegal under United State law.
Exercising Custody Rights
While traveling in a foreign country, you are subject to the laws of that country. It is important for parents to understand that, although a left-behind parent in the United States may have custody or visitation rights pursuant to a U.S. custody order, that order may not be valid and enforceable in the country in which the child is located. For this reason, we strongly encourage you to speak to a local attorney if planning to remove a child from a foreign country without the consent of the other parent. Attempts to remove your child to the United States may:
Endanger your child and others;
Prejudice any future judicial efforts; and
Could result in your arrest and imprisonment.
The U.S. government cannot interfere with another country’s court or law enforcement system.
