Child abduction is always a serious issue in any highly contested child custody case. Of the thousands of missing children each year, many are abducted by one of the parents after a bitter divorce. Most custodial parents fear child abduction by an angry former spouse.
One such incident happened when a Muslim couple were having marital problems. Under false pretenses, the husband took the wife and their infant child back to their country. There, the husband revealed he wanted a divorce from his wife, and that he would not allow his child to be brought back to the United States, and obtained a Court order from there stating so. The husband also confiscated his wife's and child's passport and without telling his wife, came back to the States. The wife somehow obtained a temporary passport and came back to the States, and with the help of the District Attorney's Child Abduction Unit, was able to get her child back in the States.
Child abduction by a parent is a crime. According to the Department of Justice, some 200,000 children were kidnapped by a family member in 2002. Some of these children disappeared in America; some were taken abroad.
Parental rights do not include illegal removal a child to outsmart a custody arrangement by taking the child across state lines. The Uniform Child Custody Jurisdiction and Enforcement Act, a uniform law regarding custody and visitation for parties from different states, is designed to discourage and prevent parental kidnapping. If a spouse moves during a divorce and attempts to file for custody in another jurisdiction, the law governing jurisdiction is complex. Once a state has jurisdiction in custody dispute, however, it is difficult to move it to another state.
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