International Parental Kidnapping Crime Act (IPKCA), 18 USC 1204 The Convention sets out these rights in 54 articles and two Optional Protocols. It spells out the basic human rights that children everywhere have: the right to survival; to develop to the fullest; to protection from harmful influences, abuse and exploitation; and to participate fully in family, cultural and social life. The four core principles of the Convention are non-discrimination; devotion to the best interests of the child; the right to life, survival and development; and respect for the views of the child. Every right spelled out in the Convention is inherent to the human dignity and harmonious development of every child. The Convention protects children's rights by setting standards in health care; education; and legal, civil and social services.
The International Parental Kidnapping Crime Act of 1993 makes it a federal crime to remove a child from the United States or retain a child, who has been in the United States, outside the United States with the intent to obstruct the lawful exercise of parental rights.
The Hague Convention On The Civil Aspects Of International Parental Child Abduction is the primary international treaty that addresses cross-border parental child abduction. However, nearly half of the countries in the world are not signatories to this treaty, and, many signatory nations do not uphold the intent or directives of the treaty. Nevertheless, The Hague Convention does work in many cases. To Read The Hague Convention on the Civil Aspects of International Parental Child Abduction, Please Click Here.
Experts throughout the world along with Chasing Parents and children old enough to speak about their abduction experience all recognize that the most critical step in preventing parental child abduction is through the passing and enforcment of preventive laws on this subject.
The Convention on the Rights of the Child is the first legally binding international instrument to incorporate the full range of human rights—civil, cultural, economic, political and social rights. In 1989, world leaders decided that children needed a special convention just for them because people under 18 years old often need special care and protection that adults do not. The leaders also wanted to make sure that the world recognized that children have human rights too.
The federal Parental Kidnapping Protection Act (PKPA), is an Act Of Congress signed into law in 1980. The purpose of the Act was to establish national standards for the assertion of child custody jurisdiction within the United States. The Act does not explicitly state which is the proper state in which an initial child custody matter should be filed, but provides that the assertion of child custody jurisdiction by any State without consideration of the Act's requirements does not provide a resulting "full faith and credit in other States.
In addition to its provisions for full faith and credit, the PKPA explicitly provides that a State cannot modify the child custody decree of another state without complying with the terms of the PKPA. Thus, if a State modifies a previous child custody order without compliance with the PKPA, the modification is not entitled to full faith and credit in other states.
In 1999, Congress enacted an amendment that explicitly includes “visitation” rights in the definition of “custody” rights covered by the Act. Accordingly, the determination or modification of either legal custody, residence or visitation rights must comply with the PKPA or risk a lack of enforcement in other states.
The Synclair-Cannon Act of California (Section 3048 of the California Family Code) was the first state law passed, essentially forcing courts in California to weigh heavily the risk factors associated with a potential child abduction. Larry Synclair, the Act's chief architect and designer is a Chasing Parent. Larry's child was abducted to Russia. Larry does not know where his child is. Josef Cannon, is a Chasing Parent as well. Josef's child was taken to England.
Today, there states such as Texas, Nebraska, Utah, Kansas, South Dakota, Nevada, and Colorado have followe California's lead, and passed legislation in their own states that evolve around child abduction prevention. Many other states have bills before their legislative branches.
The Uniform Child Abduction Prevention Act ("UCAPA") is a Uniformed Act drafted by the National Conference of Commissioners on Uniform State Laws and submitted for enactment by jurisdictions within the United States in 2006. This uniform law originated by the parents of internationally abducted children, and parents fearing their children would be abducted. The UCAPA provides courts with guidance in handling child custody child disputes, help in identifying families at risk for abduction, and provides methods to prevent the abduction of children. Generally, the UCAPA does not provide any new remedies for child abduction, but sets forth remedies already used in state courts to enforce child custody decrees and protect against violation of those orders. In addition to preventive measures, UCAPA provides a procedure under which a warrant can issue to return the child to the State that has child custody jurisdiction under the Uniform Child Custody Jurisdiciton and Enforcement Act.