NCJ Number
86632
Journal
Prosecutor Volume: 16 Issue: 5 Dated: (Summer 1982) Pages: 19-24
Date Published
1982
Length
6 pages
Annotation
This paper reviews State laws addressing child snatching, details the responsibilities of prosecutors, police and parents in parental kidnapping cases, and describes pertinent Federal resources.
Abstract
The Uniform Child Custody Jurisdiction Act and the Federal Parental Kidnapping Prevention Act are effective when the absconding parent's whereabouts is known, when the victimized parent can obtain private legal counsel, and when disputants remain willing to work out their custody problems. States have enacted criminal laws against custodial interference to respond to exacerbated cases where these conditions are not present and to deter parental kidnapping. State laws vary considerably, however, and law enforcement officials must carefully examine the applicable laws to determine if an abduction is unlawful. For example, some jurisdictions have made their custodial interference laws applicable to infringements of visitation rights as well as to violation of primary custody rights. Very few statutes expressly apply to persons violating joint custody agreements, and many States treat intrastate child snatching as a misdemeanor and interstate child snatching as a felony. The child's return is a defense in some States, while the parent acting to protect the child operates as a defense in several areas. Only a few States deal explicitly with parents' agents such as hired detectives. The article suggests measures for prosecutors and police to limit parental kidnappings, emphasizing that the decision to arrest a perpetrator often rests with the prosecutor and that law enforcement officials should determine when a situation can be resolved without resorting to formal charges. It also outlines parents' responsibilities in gathering information on the child's location. Other topics discussed include Federal resources to help the State prosecutor, revised Department of Justice guidelines on issuing unlawful flight to avoid prosecution warrants in parental kidnapping cases, trial strategies, and procedures to locate the absconding parent and child.