NCJ Number
125585
Date Published
1990
Length
20 pages
Annotation
The concept of parental abduction of children is relatively new to law enforcement, and such cases are extremely complicated to investigate and prosecute.
Abstract
The problem of parental kidnaping raises many legal issues, particularly if the parent leaves the child's State of residence. To eliminate some of the problems in interstate child abduction cases, the Parental Kidnaping Prevention Act was passed by Congress in 1980. At the State level, parental abduction laws are generally brief and vague, and the specific wording relative to parental abduction creates special problems for both investigation and prosecution. The basis for any investigation and subsequent prosecution involves interpretation of who has lawful right to physical custody. In some cases, the offending parent has been plotting for a long time and has planned well for the child's disappearance. One way of locating missing children is through school records. Federal law makes it possible for parents to have access to school records to determine if a request has been made for a transcript to be sent to another school. While the publicity generated through parent locator services and parental support groups may result in the identification and apprehension of an abducted child, most cases are solved through the aggressive investigative efforts of law enforcement officers, private investigators, and parents. If the local prosecutor files felony charges, and it is obvious that the abducting parent has fled the State, it is possible to involve the Federal Bureau of Investigation. The Parental Kidnaping Prevention Act empowers the U.S. Attorney in the appropriate jurisdiction to issue a warrant for unlawful flight to avoid prosecution. The impact of parental abduction on the child is discussed. 4 endnotes.