Reuniting Parents And Children In Interstate And International Child Abduction Cases
Last updated on December 13, 2024
Few things can be more devastating than learning that your child has been abducted by a parent. Typically, you will not know what to do or who to turn to for help and unfortunately law enforcement agencies are so unfamiliar with state and federal laws that they do not consider it a crime. The Law Offices of Lawrence S. Katz, P.A., has helped parents recover children from other states and countries around the world. Attorney Katz understands that this is a difficult time for you and your family, and he provides compassionate, attentive legal services to help minimize your anxiety. If your child has been taken across state lines or out of the country, he will relentlessly pursue your child’s return.
Laws Against Interstate Child Abduction
There are laws in place to prevent interstate abduction by parents and to prevent the parent from delaying the return of the child. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) limits the jurisdiction of custody matters to one state and provides for expedited enforcement and pick-up orders for the child to return to the home state. It also establishes uniform criteria for determining jurisdiction. The UCCJEA requires the state to decline jurisdiction where the abducting parent has taken the child except for enforcement purposes.
The Parental Kidnapping Prevention Act (PKPA) provides a federal enforcement mechanism to ensure that states honor the custody and interstate relocation decisions of other states. Although rarely used in litigation, the PKPA requires courts to enforce, rather than modify, the custody and visitation orders of other states. Once a state exercises jurisdiction, no other state may exercise concurrent jurisdiction.
Laws Against International Child Abduction
Globalization and cross-cultural or international marriages and relationships that result in the birth of a child are on the rise. When these marriages end in divorce or the relationship breaks up, international relocation and abduction by a parent suddenly become a real possibility. Many international child abductions are governed by the Hague Abduction Convention, which was adopted to protect children internationally from the harmful effects of their wrongful removal or retention, to establish procedures to ensure their prompt return to their habitual residence and to secure protection of parental rights to access the child.
The Hague Abduction Convention only governs abductions in which the child at issue is habitually a resident of a participating country and is removed from another participating country. In petitioning to invoke the protection of the Hague Abduction Convention, a petitioner must demonstrate that the other parent wrongfully removed or retained the child from their habitual residence, had rights of custody and was exercising those rights prior to the abduction, and the child is under 16 years of age. Although the Hague Abduction Convention may not apply, the International Parental Kidnapping Crime Act makes it a federal criminal offense for a parent to wrongfully remove or attempt to remove or retain a child outside the United States with the intent to obstruct custodial rights.
Lawyer Lawrence Katz has been retained to secure the return of children from or to a number of countries worldwide, including:
- Argentina
- Australia
- Bahamas
- Belize
- Brazil
- Canada
- Cayman Islands
- Chile
- Colombia
- Costa Rica
- Denmark
- Dominican Republic
- Ecuador
- France
- Germany
- Greece
- Haiti
- Honduras
- Hungary
- Iran
- Ireland
- Italy
- Israel
- Jamaica
- Japan
- Kazakhstan
- Mexico
- Netherlands
- New Zealand
- Nicaragua
- Norway
- Panama
- Peru
- Poland
- Russia
- Saudi Arabia
- Spain
- South Africa
- Sweden
- Trinidad and Tobago
- Turkey
- Ukraine
- United Kingdom
- Venezuela
What Immediate Steps Should I Take If I Believe My Child Has Been Internationally Abducted?
Dealing with international child abduction requires prompt and decisive action. The first step is to contact local law enforcement to report the abduction. It is essential to provide them with all available details, including the child’s passport information, recent photographs and any communication from the other parent that might indicate their location or intentions.
As soon as possible, contact a lawyer who is highly experienced in handling international child abduction cases, such as Lawrence Katz. Not all family law attorneys handle these cases, as they involve complex international law and nuanced legal and cultural considerations.
Attorney Katz has proven experience helping parents recover their children in international parental abduction cases. He can help you promptly file the necessary legal documents and work with both national and international authorities to locate and recover your child. He will take swift and strategic action to prevent the situation from escalating further.
How Long Does The Process Of Recovering A Child Typically Take In International Abduction Cases?
The duration can vary widely depending on several factors, including the country to which the child has been taken, the responsiveness of foreign legal systems and whether that country is a signatory to the Hague Abduction Convention. While some cases can be resolved within a few months, others might take years, especially if they involve complex legal challenges or non-cooperative foreign jurisdictions. Cases involving countries that are party to the Hague Convention may be resolved faster due to the established legal procedures for handling them.
Attorney Katz has extensive experience dealing with international child abduction cases and can steps to expedite your child’s return to the fullest extent possible.
What Information And Documents Are Essential To Build A Strong International Child Abduction Case?
To build a strong international child abduction case, it is crucial to gather comprehensive information and documents right from the start. Essential items include:
- The child’s birth certificate
- Their passport details
- A recent photograph
- Identifying information about the parent who has abducted the child
- Legal documents pertaining to custody arrangements
Additionally, any evidence directly relating to the abduction – such as emails, texts, flight confirmations or other communications from the abducting parent – can be pivotal in these cases. It’s also important to have records of the child’s habitual residence, schooling, medical information and other details about the child’s life leading up to the abduction.
Attorney Katz can assist with gathering additional evidence, including eyewitness accounts and any interactions with law enforcement or child welfare agencies. This documentation may be critical in court proceedings and in interactions with international authorities.
Contact A Miami International Family Law Attorney To Schedule An Appointment
Attorney Katz has a thorough understanding of the complicated legal issues and government entities commonly involved in interstate and international parental kidnapping. He is committed to doing everything he can to bring your child home as soon as possible. If your child has been abducted, or if you believe abduction is imminent, call The Law Offices of Lawrence S. Katz, P.A., at 786-304-1180 or contact the firm online. The firm is located near the Dadeland South Metrorail. Se habla español.