Why is this the case?

Why is this the case?

The International Parental Kidnapping Crime Act 1993 (IPKCA) is a United States federal law. This law makes it a federal crime to remove a child from the United States or retain a child outside the United States with the intent to obstruct a parent's custodial rights, or to attempt to do so (See 18 U.S.C. § 1204.) This crime is punishable by up to three years in prison. The Justice Department said it rarely pursues prosecutions under the IPKCA, because its prosecutors assume a U.S. indictment will prevent children from being returned.

Re-abducting your child to return them to United States is not recommended.

Remember:

Re-abduction may be a crime in the other country, and even if you succeed the other country may issue arrest warrants and extradition requests.

Trying to re-abduct your child could harm future legal steps to seek the return of your child. You could be arrested, imprisoned or deported from the country, and prohibited from visiting your child there again.

Re-abduction could provoke yet another abduction by the other parent.

3 Answers

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  • Anonymous
    3 weeks ago
    Favorite Answer

    Why is WHAT the case?  You asked and then answered your own question (again).

    I do not agree that "re-abducting your child is not a good idea."  Perhaps you have more Federal Court experience than I do.  A warrant could be issued for a US citizen who "abducts" and returns his/her child to the US.  Do you REALLY think the US has EVER allowed extradition of a US citizen under these circumstances?  If so, I'm interested in the case law.  Given the choice of my child not returning to the US after being abducted OR re-abducting my child, I'll take my chances.

    I'd also like to see your research about the number of abducted children who are re-abducted to the US and then abducted again.  Case law, please.

    Interesting question and answer by you.  My advice?  Don't give legal advice unless you understand the topic AND are a licensed attorney.

    My other advice?  Seek mental health counseling.  Posting the following over and over is a waste of time:  "Why would an American man be upset?   Why would an American man be upset? His British daughter that is born in the UK says that because she does not want to comply with US paternity, child custody laws and respect her American father legal parental rights, she will not visit the USA before child custody ends at age 18. Why would most Americans say that it is fair for the child?"

     

  • Neil
    Lv 4
    3 weeks ago

    Why is what the case? You seem to be asking why one country’s legal system doesn’t prevail over another’s.

  • Anonymous
    3 weeks ago

    Donald Trump's America

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