Parental Kidnapping Law Office of Gordon K. Rea, LLC Attorneys St. Louis Missouri

Missouri's Parental Kidnapping Statute § 565.153 states that "In the absence of a court order determining rights of custody or visitation to a child, a person having a right of custody of the child commits the crime of parental kidnapping if he removes, takes, detains, conceals, or entices away that child within or without the state, with the intent to deprive the custody right of another person or a public agency also having a custody right to that child."

This statute intended to prevent the flight of a parent from Missouri is largely unenforced, depending upon the interpretation of local law enforcement. Most do not enforce the law. Some will enforce the law against men, but not against women, even though the Missouri legislature discarded the "Tender Years Doctrine" and dictated gender neutrality as to child custody. Lack of enforcement presents a huge problem for the parent left behind by the abducting parent because the first step is to get a police report. Sheriffs and law enforcement officers excuse this lack of reporting by ignoring the statute or comparing parental kidnapping to common law kidnapping or by stating, "This is a civil matter for the family court," or that "Any a parent with a right of custody also has a right to travel with the child." In spite of the statute, they see no crime.

Once reserved for the world traveler or the returning soldier, romance and marriage with foreign nationals is now more common than ever. As the world shrinks and relationships with foreign nationals become more commonplace, a complacency grows that lulls parents of children with foreign nationals into a false sense of security. In fact, co-parenting with a foreign national has all of the pitfalls of a domestic co-parenting relationship to other special problems of huge proportions. When a parent absconds with the children across international borders, the sense of helplessness can be overwhelming. If the abducting parent is also the primary breadwinner, then the emotional and psychological problems are compounded by the financial issues of maintaining a household while financing an effort get the children back. Finally, the parent left behind may be unprepared to deal with the laws, culture and language of the abducting parent's country. If the parent left behind does nothing for six (6) months, then the abducting parent has the opportunity according to international law to establish the residence of the child in the foreign country.

Take an honest look at your relationship. While there is no accurate way to predict whether a parent is likely to become a child abductor, there are warning signs that should not be ignored. The most obvious warning sign is whether the parent remains strongly to family far from where you are. Are there family ties to another country? What about continuing financial or business ties? Is the parent making every effort to settle-in locally? Is the foreign parent making steady progress toward citizenship or are there repeated excuses for lack of progress? Is the parent or foreign national having trouble with the U.S. legal system? Have there been any arguments or serious discussions where either of you threatened to keep the children from the other? Have there been instances of abuse toward the parent, such as physical abuse, emotional abuse, financial deprivation or social isolation?

Absent any warning signs, there are precautions every parent should consider when breaking up or divorcing a foreign co-parent. Registering your divorce decree and parenting plan with the court of jurisdiction over the foreigner's family residence is a start. A well-written parenting plan with a foreign co-parent should declare the court's continuing jurisdiction in the overlapping language of state, federal and international law, and it should award the child's passport, birth certificate and other records to the domestic parent. The parenting plan should also include the requirement that any adult seeking to travel with the children out of the state be required to have a signed, notarized travel affidavit from each non-traveling parent with the itinerary of the trip, departure and return dates, etc.

For International Parental Kidnapping, you should check out the U.S. Secretary of State's website, below. Click on the "Prevention" link on this web page. There are letters you can write to the "Central Authority" for Mexico to prevent duplication of passports, enforce the requirement for a travel affidavit signed by the non-traveling parent, entering your children into the Children's Passport Issuance Alert Program (CPIAP). Go to the link to the Hague Convention on the Civil Aspects of International Child Abduction, below. Finally, read the information about filing charges against the abducting parent under the International Parental Kidnapping Crime Act (IPKCA).

The domestic parent should research, in advance, whether the foreign nation is signatory to Hague Convention treaties prohibiting international child abduction. Whether the nation is signatory or not, the domestic parent should contact each country's "central authority" or embassy with the declaration passports (by number) are not to be duplicated, that non-US passports are not to be created and that travel affidavits are required with two signatures, one for each parent. The letter should also include the declaration that travel to any country without passport and affidavits should not be allowed, and that no law or rule of the foreign state should be permitted to allow "emergency" travel from the United States. If the foreign national has threatened to take the children before, get your attorney to have demand that a bond be posted accessible by the domestic parent in the event that a return effort must be funded.

Rapidly improving technology means that GPS tracking technology may be within the reach of the domestic co-parent. Whether in the form of a wrist watch or a device snugly tucked inside the talking bedtime bear, GPS tracking technology may provide the power and peace of mind needed by the domestic co-parent. You can review other preventive steps to take by reviewing the U.S. State Department's website (see links, below).

Call the local police, contact the FBI, and contact an attorney who has the experience and contacts to begin the process of locating and returning your children. If you find out before the children leave the country, there may be a short opportunity to get the cooperation of the international airport and to get a local court to issue a pick-up order or temporary restraining order.

Seek the help of your child's friends. If they are old enough to use the internet, see if their friends remain in contact with them. Be careful not to alert the abductor that you are aware of communications from your children. No one knows your case like you do, and you can save yourself time and money by doing your own detective work. Stay on speaking terms with in-laws, cousins, whoever might sympathize and help you.

When you are considering divorce or separation from a foreign national, you need an attorney who understands the local and international legal issues. Attorney Gordon Rea is an attorney who understands domestic law in Missouri, as well as, the special problems you may face after the separation and when co-parenting with a foreign national. If you face the overwhelming task of getting your children back from a foreign country, Attorney Gordon Rea knows what is necessary improve the odds that your children will be returned and has the contacts to get the process started quickly.

Hague Conference on International Protection of Children, Family and Property Relations

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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