NCJ Number
59569
Journal
Family Law Quarterly Volume: 11 Issue: 4 Dated: (WINTER 1978) Pages: 407-426
Date Published
1978
Length
20 pages
Annotation
A PROPOSED LAW ON CHILD SNATCHING, TO PREVENT A PARENT FROM RESTRAINING A CHILD IN VIOLATION OF THE OTHER PARENT'S RIGHTS, IS DESCRIBED AND EXAMINED BY THE SENATE JUDICIARY COMMITTEE'S DEPUTY CHIEF COUNSEL.
Abstract
THE PROPOSAL, ALSO KNOWN AS THE WALLOP PROPOSAL, RECENTLY PASSED THE U.S. SENATE. SIMILAR LEGISLATION IS UNDER CONSIDERATION BY THE HOUSE. MAJOR PROVISIONS INCLUDE (1) THE ADDITION OF A NEW SECTION (1738A) TO TITLE 28 OF THE UNITED STATES CODE REQUIRING STATES TO ENFORCE WITHOUT MODIFICATION CHILD CUSTODY AND VISITATION ORDERS OF OTHER STATES THAT ARE CONSISTENTLY WITH OTHER SUBSECTIONS OF THE PROPOSAL; (2) THE AUTHORIZATION OF THE PARENT LOCATOR SERVICE (PLS) OF THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE TO LOCATE PARENTS WHO SNATCH A CHILD; AND (3) THE ESTABLISHMENT OF FEDERAL CRIMINAL INVESTIGATION AND PROSECUTION OF CHILD SNATCHING AND THE ADDITION OF A SECTION (1624) TO MAKE CHILD SNATCHING A MIDSEMEANOR. THE PROPOSAL'S APPLICATION IN A TYPICAL CASE IS DESCRIBED. IT IS EXPECTED TO REMOVE THE MOTIVATION FOR CHILD SNATCHING AND THUS, HELP TO REDUCE ITS INCIDENCE. AREAS RECOMMENDED FOR FURTHER EXAMINATION ARE (1) THE ADEQUACY OF THE DRAFTING OF THE PLS PROVISIONS AND (2) THE POTENTIAL HARM TO THE CHILD RESULTING FROM THE PROPOSAL'S CRIMINAL PROVISIONS. DELAYING PASSAGE OF THE CRIMINALIZATION PROVISIONS IS RECOMMENDED. SEVERAL ADDITIONAL ASPECTS OF THE PROPOSAL, INCLUDING ITS RELATIONSHIP WITH THE UNIFORM CHILD CUSTODY JURISDICTION ACT, ARE IDENTIFIED AND RECOMMENDED FOR FURTHER REVIEW AND COMMENT. THE CHILD SNATCHING PROBLEM IS SERIOUS ENOUGH TO WARRANT PROMPT LEGISLATIVE ACTION AND ALTHOUGH THE WALLOP PROPOSAL STILL NEEDS TO BE EVALUATED AND MODIFIED, IT IS AN IMPROVEMENT OVER CURRENT LAW. (CFW)