Understanding Cross-Border Child Abduction: Legal Insights

Whether you want to know how to travel with your child or prevent your co-parent from encroaching on your parental rights, it’s important to familiarize yourself with the concept of cross-border child abduction. It’s also beneficial to understand ways to prevent international child abduction.

Understanding International Child Abduction Cases

It is against federal law for a parent to take their child outside of the United States or retain that child in a different country with the intention to obstruct the other parent’s rights to that child. This is known as parental abduction, cross-border abduction, or international child abduction. You may also hear this offense sometimes referred to as parental kidnapping or custodial interference.

Ways to Prevent Parental Abduction

If you believe your child is at risk of international abduction by their other parent, a relative, guardian, or someone else acting on their behalf, it’s strongly recommended to obtain an enforceable court order that includes terms that help prevent such an abduction.

A valid U.S. court order, such as one that defines the allocation of parental rights and responsibilities between parents, can include provisions that prevent these risks, such as explicit restrictions regarding the removal of the child from the country.

If you have reason to believe your child is currently in the process of being internationally abducted, proceed to notify law enforcement, including airport police, and provide copies of any relevant court orders you have. You may also consider requesting that the abductor and your child be added to the National Crime Information Center database.

If your child is abducted internationally by their other parent or other guardian figure, it’s advisable to contact the U.S. Department of State Office of Children’s Issues directly or consult with a qualified international parent-child abduction attorney.

When Should I Hire an International Child Abduction Lawyer?

The Bureau of Consular Affairs’ Office of Children’s Issues processed a total of 721 active parental abduction cases involving 982 children. The laws surrounding international child abduction can be especially complex, and there are several potential approaches you can choose to resolve the issue. It’s beneficial to work with an experienced legal professional who can help your case by knowing what information to gather and which agencies to communicate with.

It’s a good idea to hire an international child abduction lawyer as soon as you have concerns about your co-parent taking your child outside of the country. If you consult with a qualified attorney as soon as possible, such as during court proceedings for your dissolution of marriage, they can create effective measures that legally protect your child or hold the other party accountable in the event of an abduction.

Where Are Cross-Border Child Abduction Cases Handled?

Depending on the legal basis of the child abduction case, the matter may be handled in civil court or federal court. When the issue is filed as part of a divorce case or another parental matter, the case falls under civil jurisdiction and would be handled by the Domestic Relations Division of the Circuit Court of the County.

For cases in Cook County, these cases would most likely be processed by the Richard J. Daley Center, located at 50 W. Washington Street, Chicago, IL 60602. For civil cases in DuPage County, the matter would go through the DuPage County Courthouse, located at 505 N. County Farm Road, Wheaton, IL 60187

Federal jurisdiction cases, such as Hague Convention petitions, those brought under the International Child Abduction Remedies Act, and other international child abduction issues under federal law, would be handled by the U.S. District Courts. The legal venue for the Northern District of Illinois, including for Cook and DuPage Counties, would be the Everett McKinley Dirksen U.S. Courthouse, located at 219 S. Dearborn Street, Chicago, IL 60604.

Choose Schaffer Family Law, Ltd., for Your Case

At Schaffer Family Law, Ltd., we believe it’s crucial that you feel comfortable with your legal representation due to the sensitive nature of ensuring your child’s safety. With our experienced international child abduction attorney, David N. Schaffer, you can feel confident that your needs and interests are respected during this stressful and emotional time.

FAQs

What Is Considered International Parental Abduction?

International parental child abduction is a federal crime defined as the removal or retention of a child outside the United States by a person with the intention to violate a parent’s custodial rights to that child. International child abduction may also be committed by another family member, legal guardian, or other individual acting on the child’s behalf.

What Is the Penalty for International Child Abduction?

The abduction of a child outside of the U.S. by a parent is a federal crime punishable by fines, a prison sentence, and other penalties, depending on the details of the case. If you are a parent wanting to travel outside of the country with your child, it’s important to understand how to properly do so without putting yourself at risk of suffering legal penalties.

How Can I Keep a Co-Parent From Taking My Child Out of the Country?

The most effective way to prevent your co-parent or other relative from removing your child from the U.S. without your permission is by obtaining a valid and enforceable court order. If you are currently going through a divorce or another family law proceeding, you can work with an experienced family lawyer to include terms in the agreement that restrict cross-border travel.

How Can an Attorney Help in a Parental Abduction Case?

A qualified parental abduction attorney is a valuable resource to have, whether you have concerns about your child being at risk or if your child has already been internationally abducted. No matter your circumstances, a lawyer can help you resolve the issue and prevent future instances of parental international abduction.

Trust a Qualified Cross-Border Child Abduction Lawyer

International child abduction laws can often be complex and difficult for parents to fully grasp. That’s why the professional legal team at Schaffer Family Law, Ltd., is here to advise you and guide you through every step. Contact us today to schedule a consultation with a qualified and experienced international child abduction lawyer.