18 U.S.C. § 1204 – International Parental Kidnapping
This law makes it a federal crime to remove or retain a child outside the United States to interfere with parental rights.
This statute applies to parents or guardians accused of taking a child out of the country, or keeping a child abroad, in violation of another parent’s lawful custody or visitation rights. These cases often arise during contentious custody disputes with international elements.
The focus is not on traditional kidnapping, but on interference with parental rights across international borders.
What the law prohibits.
A person violates this statute if they knowingly:
- Remove a child from the United States without legal authority
- Retain a child outside the United States
- Act with intent to obstruct another parent’s custodial rights
Custody orders, parental intent, and the child’s habitual residence often play a major role in defending these cases.
Penalties.
A conviction can result in up to several years in federal prison, along with fines. Sentencing may depend on the duration of the alleged conduct and surrounding circumstances.
Exceptions and defenses.
The law includes limited exceptions, including certain situations involving domestic violence or lawful custody claims.
If you’re facing allegations involving international parental kidnapping, call (314) 900-HELP or contact our criminal defense attorneys to discuss your options.
