International Parental Kidnapping Crime Act
Encyclopedia
The International Parental Kidnapping Crime Act 1993 (IPKCA) is a United States federal law. H.R. 3378, approved December 2, was assigned Public Law No. 103-173 and signed as Public Law 103-322 by President Bill Clinton
on September 2, 1993. 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 law provides a affirmative defense
where the abducting parent acted pursuant to a valid court order obtained under the Uniform Child Custody Jurisdiction And Enforcement Act
, or where the abducting parent was fleeing domestic violence
, or where the failure to return the child resulted from circumstances beyond the taking parent's control and the taking parent made reasonable efforts to notify the left behind parent within 24 hours and returned the child as soon as possible. Since its enactment, the law has only been used in a very small minority of international child abduction
cases prompting parents of internationally abducted children to claim an abuse of or prosecutorial discretion on the part of federal prosecutors.
of South Carolina
, who was the chairman of the Senate Judiciary subcommittee on Criminal Justice Oversight, said, "The law is rarely used. The [Clinton] administration discouraged the Congress from passing this statute, which is evident from the department's reluctance to enforce it,"
In his signing statement Clinton remarked:
U.S. v. Alahmad, C.A.10 (Colo.) 2000, 211 F.3d 538, certiorari denied 121 S.Ct. 782, 531 U.S. 1080, 148 L.Ed.2d 679. Constitutional Law 3781;
U.S. v. Amer, C.A.2 (N.Y.) 1997, 110 F.3d 873, certiorari denied 118 S.Ct. 258, 522 U.S. 904, 139 L.Ed.2d 185. Constitutional Law 1414;
U.S. v. Shahani-Jahromi, E.D.Va.2003, 286 F.Supp.2d 723. Commerce 82.6;
U.S. v. Sardana, C.A.2 (N.Y.) 2004, 101 Fed.Appx. 851, 2004 WL 1340298, Unreported, certiorari denied 125 S.Ct. 436, 543 U.S. 959, 160 L.Ed.2d 324.
U.S. v. Fazal, D.Mass.2002, 203 F.Supp.2d 33.
U.S. v. Alahmad, D.Colo.1998, 28 F.Supp.2d 1273.
U.S. v. Al-Ahmad, D.Colo.1998, 996 F.Supp. 1055.
U.S. v. Sardana, C.A.2 (N.Y.) 2004, 101 Fed.Appx. 851, 2004 WL 1340298, Unreported, certiorari denied 125 S.Ct. 436, 543 U.S. 959, 160 L.Ed.2d 324.
U.S. v. Dallah, C.A.10 (Okla.) 2006, 192 Fed.Appx. 725, 2006 WL 2294848, Unreported.
U.S. v. Sardana, C.A.2 (N.Y.) 2004, 101 Fed.Appx. 851, 2004 WL 1340298, Unreported, certiorari denied 125 S.Ct. 436, 543 U.S. 959, 160 L.Ed.2d 324.
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
on September 2, 1993. This law makes it a federal crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
to remove a child from the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
or retain a child outside the United States with the intent to obstruct a parent's custodial rights
Child custody
Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...
, or to attempt to do so (See 18 U.S.C. § 1204.) This crime is punishable by up to three years in prison. The law provides a affirmative defense
Affirmative defense
A defendant offers an affirmative defense when responding to a plaintiff's claim in common law jurisdictions, or, more familiarly, in criminal law. Essentially, the defendant affirms that the condition is occurring or has occurred but offers a defense that bars, or prevents, the plaintiff's claim. ...
where the abducting parent acted pursuant to a valid court order obtained under the Uniform Child Custody Jurisdiction And Enforcement Act
Uniform Child Custody Jurisdiction And Enforcement Act
The Uniform Child Custody Jurisdiction And Enforcement Act is a Uniform Act drafted by the National Conference of Commissioners on Uniform State Laws in 1997. The UCCJEA has since been adopted by 49 U.S. States, the District of Columbia, Guam, and the U.S. Virgin Islands. The Act became effective...
, or where the abducting parent was fleeing domestic violence
Domestic violence
Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...
, or where the failure to return the child resulted from circumstances beyond the taking parent's control and the taking parent made reasonable efforts to notify the left behind parent within 24 hours and returned the child as soon as possible. Since its enactment, the law has only been used in a very small minority of international child abduction
International child abduction
The term international child abduction is generally synonymous with international parental kidnapping, child snatching, and child stealing. However, the more precise legal usage of international child abduction originates in private international law and refers to the illegal removal of children...
cases prompting parents of internationally abducted children to claim an abuse of or prosecutorial discretion on the part of federal prosecutors.
Background
In 1999 it was reported that, in five years just 62 indictments and 13 convictions resulted from thousands of international child abduction cases of abductions. 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. Speaking to a group of concerned parents at a 1999 Congressional hearing on international child abduction, Senator Strom ThurmondStrom Thurmond
James Strom Thurmond was an American politician who served as a United States Senator. He also ran for the Presidency of the United States in 1948 as the segregationist States Rights Democratic Party candidate, receiving 2.4% of the popular vote and 39 electoral votes...
of South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
, who was the chairman of the Senate Judiciary subcommittee on Criminal Justice Oversight, said, "The law is rarely used. The [Clinton] administration discouraged the Congress from passing this statute, which is evident from the department's reluctance to enforce it,"
In his signing statement Clinton remarked:
Case law
IPKCA has been subject to various Constitutional on the basis of the laws very constitutionality to criminalize international conduct and on the interpretation of the law in the context of existing US law.Constitutionality
U.S. v. Cummings, C.A.9 (Wash.) 2002, 281 F.3d 1046, certiorari denied 123 S.Ct. 179, 537 U.S. 895, 154 L.Ed.2d 162. Commerce 82.6;U.S. v. Alahmad, C.A.10 (Colo.) 2000, 211 F.3d 538, certiorari denied 121 S.Ct. 782, 531 U.S. 1080, 148 L.Ed.2d 679. Constitutional Law 3781;
U.S. v. Amer, C.A.2 (N.Y.) 1997, 110 F.3d 873, certiorari denied 118 S.Ct. 258, 522 U.S. 904, 139 L.Ed.2d 185. Constitutional Law 1414;
U.S. v. Shahani-Jahromi, E.D.Va.2003, 286 F.Supp.2d 723. Commerce 82.6;
U.S. v. Sardana, C.A.2 (N.Y.) 2004, 101 Fed.Appx. 851, 2004 WL 1340298, Unreported, certiorari denied 125 S.Ct. 436, 543 U.S. 959, 160 L.Ed.2d 324.
U.S. v. Fazal, D.Mass.2002, 203 F.Supp.2d 33.
Parental rights
U.S. v. Shahani-Jahromi, E.D.Va.2003, 286 F.Supp.2d 723. Constitutional Law 4509(16);U.S. v. Alahmad, D.Colo.1998, 28 F.Supp.2d 1273.
U.S. v. Al-Ahmad, D.Colo.1998, 996 F.Supp. 1055.
U.S. v. Sardana, C.A.2 (N.Y.) 2004, 101 Fed.Appx. 851, 2004 WL 1340298, Unreported, certiorari denied 125 S.Ct. 436, 543 U.S. 959, 160 L.Ed.2d 324.
Weight and sufficiency of evidence
U.S. v. Al-Ahmad, D.Colo.1998, 996 F.Supp. 1055.U.S. v. Dallah, C.A.10 (Okla.) 2006, 192 Fed.Appx. 725, 2006 WL 2294848, Unreported.
U.S. v. Sardana, C.A.2 (N.Y.) 2004, 101 Fed.Appx. 851, 2004 WL 1340298, Unreported, certiorari denied 125 S.Ct. 436, 543 U.S. 959, 160 L.Ed.2d 324.
Parental fitness
U.S. v. Sardana, C.A.2 (N.Y.) 2004, 101 Fed.Appx. 851, 2004 WL 1340298, Unreported, certiorari denied 125 S.Ct. 436, 543 U.S. 959, 160 L.Ed.2d 324.Knowledge and intent
New York. U.S. v. Sardana, C.A.2 (N.Y.) 2004, 101 Fed.Appx. 851, 2004 WL 1340298, Unreported, certiorari denied 125 S.Ct. 436, 543 U.S. 959, 160 L.Ed.2d 324.See also
- International child abductionInternational child abductionThe term international child abduction is generally synonymous with international parental kidnapping, child snatching, and child stealing. However, the more precise legal usage of international child abduction originates in private international law and refers to the illegal removal of children...
- Hague Abduction Convention
- International child abduction in MexicoInternational child abduction in MexicoMexico is amongst the world's most popular sources and destinations for international child abduction while also being widely regarded as having one of the least effective systems of protecting and returning internationally abducted children within its borders....
- Unlawful Flight to Avoid ProsecutionUnlawful Flight to Avoid ProsecutionAlso referred to as the Fugitive Felon Act Unlawful Flight to Avoid Prosecution is a United States federal law. Though drawn as a penal statute, and therefore permitting prosecution by the Federal government for its violation, the primary purpose of the Fugitive Felon Act is to permit the Federal...
- Uniform Child Abduction Prevention ActUniform Child Abduction Prevention ActThe Uniform Child Abduction Prevention Act is a Uniform Act drafted by the National Conference of Commissioners on Uniform State Laws and submitted for enactment by jurisdictions within the United States in 2006...
- Uniform Child Custody Jurisdiction And Enforcement ActUniform Child Custody Jurisdiction And Enforcement ActThe Uniform Child Custody Jurisdiction And Enforcement Act is a Uniform Act drafted by the National Conference of Commissioners on Uniform State Laws in 1997. The UCCJEA has since been adopted by 49 U.S. States, the District of Columbia, Guam, and the U.S. Virgin Islands. The Act became effective...