Full question:
My husband and I are having marital problems and he is planning a vacation with our daughter to Israel (his home country) granted I could not allow him to go because he needs my permission to take our daughter - I was wondering if there are any precautions I can take to ensure her return. And my rights if she doesn't?
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Nevada
Answer:
We are unaware of methods of ensuring a child's return when taken out of the country by one parent after permission to travel is given. In the absence of a court order determining rights of custody or visitation to a child, a person having a right of custody of the child commits the crime of parental kidnapping if he removes, takes, detains, conceals, or entices away that child within or without the state, without good cause, and with the intent to deprive the custody right of another person or a public agency also having a custody right to that child. Interference with custody is a crime governed primarily by state laws, which vary by state, and seeks to protect parental custody against unlawful interruption. It is intended to address long-term interference with child custody rights.
Generally, in order to use the U.S. legal system to return custody of a child to a parent, the parent must reside in the U.S. or there must be a custody order or agreement in place. The U.S. will work with countries who are partners to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction to seek the return of an abducted child to a parent remaining in the U.S.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) has been enacted in 48 states and has been introduced in others. Generally, this statute contains both jurisdiction and enforcement provisions that require a state to enforce a custody or visitation order that was issued by the child’s habitual residence. Without a custody order, this law would not apply.
Please see the information at the following links:
http://travel.state.gov/family/abduction/abduction_580.html
http://travel.state.gov/family/about/about_605.html
http://travel.state.gov/family/abduction/Solutions/Solutions_3860.html
http://en.wikipedia.org/wiki/Parental_Kidnapping_Prevention_Act
http://www.ndaa.org/pdf/parental_kidnapping.pdf
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
