Parental Kidnapping: Can Laws Stem the Tide?

Abstract

This article addresses the phenomenon of parental kidnapping and the legislative response to it. It includes a discussion of the federal civil response—more particularly, the Uniform Child Custody Jurisdiction Act, the Parental Kidnapping Prevention Act of 1980, and the 1980 Hague Convention of the Civil Aspects of International Child Abduction and its implementing federal legislation. A discussion of the criminal response includes a summary of The Missing Children Act of 1982, The Missing Children's Assistance Act of 1984, The National Child Search Assistance Act of 1990, state criminal laws, and the topic of clearinghouses. There is also an analysis of civil case law involving suits arising out of loss of custody, custodial interference and related torts. The article concludes with a treatment of ways to prevent parental kidnapping, as well as recommendations regarding future legislation and judicial efforts.