Health & Safety

July 5, 2013

Combating parental kidnapping

UCMJ_image
Parental kidnapping occurs when one parent wrongfully takes or keeps a child from another parent. Every state has a parental kidnapping law, most of which are similar. California’s law states that any person that “takes, entices away, keeps, withholds, or conceals a child” from someone with a lawful right to custody or visitation shall be punished with a $1,000 fine and/or up to one year in county jail.

Under the International Parental Kidnapping Crime Act of 1993, a Federal law, it is illegal for anyone to either take or attempt take a child from the United States in any way that “interferes” with a parent’s “lawful exercise” of his or her parental rights and keep a child from returning to the U.S., if doing so interferes with a parent’s lawful exercise of their parental rights. Punishment for violation involves a significant fine and/or up to three years in prison.

The U.S. is also a party to the Convention on the Civil Aspects of International Child Abduction, drafted at the 1980 Hague Conference. This treaty states that it is “wrongful” when a child is removed or retained from the “state in which the child was habitually resident” when it violates a parent’s “rights of custody.” When this occurs, treaty signatories must immediately return the taken children to the country from which they came, so that its courts can settle the custody dispute. In the U.S., the “authority” appointed to assist parents is the Office of Children’s Issues in the U.S. Department of State’s Bureau of Consular Affairs.

If your child has been wrongfully taken from the U.S., you should first report the loss of your child to the police. You should then contact the Office of Children’s Issues. It will ask the country in which your child is found to order their immediate return. You should notify the U.S. court that issued your custody order. If your child has been wrongfully brought into the U.S. while you are not living here you can go to court where the child resides and ask for their immediate return.

To prevent parental kidnapping, insure that the custody order governing your child explicitly mentions how visitation will work and what happens when you or the other parent wants to relocate or travel with your child. Orders rarely work where it is left to the parents to decide how much visitation will occur, i.e. “reasonable visitation.” You should set out a very clear, long term, detailed visitation schedule, highlighting “small” things like how birthdays, minor holidays, two-day school breaks, as well as the major things like who pays travel costs, medical and schooling decisions. If both parents agree, then you can divert from your court ordered schedule, but if you cannot agree, then the non custodial parent has a greater opportunity to force compliance with the Order. Every custody order should contain a moving/travel notification requirement as well.

If you fear that your child might be taken out of the country without your permission, you should sign up for the U.S. Department of State’s Children’s Passport Issuance Alert Program (CPIAP). This program allows parents to ask for notification if a passport is being issued to their child.

If you have any questions, call the Legal Assistance office at 380-5321 or visit the office in building 288 on Barstow Road, between 2nd and 3rd Street.




All of this week's top headlines to your email every Friday.


 
 

 
Gustavo Bahena

Making Fort Irwin “Go First Class”

Gustavo Bahena National Training Center and Fort Irwin Commander Maj. Gen. Ted Martin (second, from left) and Command Sgt. Maj. Stephen Travers attach a “Go First Class” dental streamer to the guidon of United States Army D...
 
 

‘Weaving the Stories of Women’s Lives’

The nation celebrates Women’s History Month in March and Fort Irwin will host a ceremony to honor the observance, March 11. The event begins at 11:30 a.m. at the Sandy Basin Community Center and is hosted by the installation’s Equal Opportunity/Equal Employment Opportunity offices and Operations Group. The guest speaker will be Col. Cathy Walter,...
 
 
Gustavo Bahena

Inspiring a bright future from the past

Gustavo Bahena Maj. Kiryenski Jones, officer in charge of Sustainment Automation Support Management with 11th Armored Cavalry Regiment, spoke at the Fort Irwin African American/Black History Month celebration here, Feb. 11. For...
 

 
Photo by Gustavo Bahena, Public Affairs Office

The most memorable 25 months of my military life

Photo by Gustavo Bahena, Public Affairs Office Major Gen. Ted Martin stands in his office next to a photo of his father, Ephraim Martin III. Martin senior, who has since passed away, served in the Navy during World War II. Afte...
 
 

A service invested in your community

The Fort Irwin Exchange plans to complete improvements to some of their facilities and enhance their provided services to the community by this spring. “Currently, the Service Station on Langford Lake Road is undergoing an image upgrade to make it look more appealing for our customers and to increase efficiency related to customer service,” stated...
 
 
DoD

Farewell message from Secretary Hagel

To the men and women of the Department of Defense: When I joined the United States Army 48 years ago, I could not have imagined one day serving as secretary of defense. It has been a tremendous privilege to serve with you. As I leave office, I am immensely proud of what we have accomplished...
 




0 Comments


Be the first to comment!


Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>


Directory powered by Business Directory Plugin