NCJ Number
77254
Date Published
1979
Length
289 pages
Annotation
This document contains the text of S. 105, the Child Custody and Abduction Prevention Act (CCAPA) a bill to amend title 28 and title 18 of the U.S. Code, along with testimony of parents who have had children snatched and of several legal experts in this area.
Abstract
S. 105 would prohibit and remedy the interstate restraint of children in violation of rights of custody and visitation and for other purposes. The major strengths of S. 105 include the recognition of parental kidnaping as a Federal crime; involvement of Federal agencies, especially the Federal Bureau of Investigation (FBI); the deterrent effect of Federal investigation and prosecution; and national uniformity in child custody determination. However, the 60-day requirement before FBI involvement undermines the deterrent value of the legislation. Further refinements along the time requirements are needed. The American Bar Association (ABA) encourages the various State legislatures which have not adopted the Uniform Child Custody Jurisdiction Act (UCCJA) to do so. The ABA also urges the Congress to enact legislation to require State courts to accord full faith and credit to the child custody and visitation decrees of each State. The ABA supports the child-snatching provisions of S. 1437, the Criminal Code Reform Act of 1978. Federal agencies should provide assistance to the custodial parent for locating and apprehending the child. Additional recommendations to the full faith and credit to child custody decrees, parent locator service, and criminal parental kidnapping provisions are presented. Appended materials include related articles and publications.