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PARENTAL
ABDUCTION
Each year
hundreds of children fall victim to family abductions. Many
believe these children are perfectly safe because they are
with a family member; however, nothing could be farther from
the truth. It is common for the child victims to have their
names and appearance altered, to experience medical and physical
neglect, unstable schooling, homelessness, and frequent relocations.
These
children are often told lies about the abduction and the left-behind
parent; even that the left-behind parent is dead. Most of
these children live as fugitives: taught not to trust anyone,
told to keep secrets about their past; unable to establish
relationships with friends; and always on the run from the
law. As a result of this form of serious child abuse, many
child victims of family abductions experience psychological
consequences and emotional distress. Children involved in
family abductions are usually taken by the non-custodial parent
as an act of revenge against the ex-spouse/custodial parent.
Empower
Your Children
Help your
children help themselves. Be as honest as you can about the
potential abduction. Custodial parents should inform their children
to never go on a trip without them. Let your children know they
should ask law enforcement for help if they are in an airport
or traveling without your permission.
When instructing your children about how to use the telephone,
make sure they know how to make long-distance and international
calls. Teach them to dial 0 for an operator or 911
in an emergency. Additional resources can be found at www.missingkids.com.
Preventing
an Abduction
- Obtain
legal custody of your child.
- Specify
in the custody order exact times and locations for visitation.
- Ask
for special prevention provisions.
- Consider
counseling or mediation to work toward resolving problems.
- Always
keep current information of your child on file.
- Notify
schools, daycare centers, and babysitters of custody orders.
- Keep
current names and addresses of relatives or friends that
the potential abducting parent might travel to.
- Keep
on file certified copies of your custody order
- If
you have custody papers from a state other then Utah, you
MUST file them with the Utah State Courts.
If
Your Child is Abducted
- File
a missing person report with your local police and request
an investigation.
- Request
your child be entered into the FBI's National Crime Information
Center computer. (NCIC)
- If
you suspect the child has been taken out of the country,
call the U.S. Department of State.
- Contact
the state Missing Children's Clearinghouse.
- Contact
the National Center for Missing and Exploited Children at
1-800-THE-LOST.
- Consider
asking the police or prosecutor to file criminal charges
against the abductor.
- Obtain
a court order for custody of your child if you do not already
have legal custody.
- Contact
your State Vital Statistics to have the Child's Birth Certificate
Flagged.
Parental
Kidnapping Defined
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The term "parental kidnapping" encompasses the taking,
retention or concealment of a child by a parent, other family
member, or their agent,
in derogation of the custody rights, including visitation
rights, of another parent or family member.
Utah
Law
Utah code
annotated 76-5-303. Custodial Interference
(1) A
person, whether a parent or other, is guilty of custodial
interference if, without good cause, the actor takes, entices,
conceals, or detains a child under the age of 16 from its
parent, guardian, or other lawful custodian:
(a) knowing
the actor has no legal right to do so; and
(b) with
the intent to hold the child for a period substantially longer
then the visitation or custody period previously awarded by
a court of competent jurisdiction.
Custodial
Interference is a class "A" Misdemeanor unless the
child is removed and taken from one state to another, in which
case it is a felony in the third degree.
Federal
Law
Uniform
Child Custody Jurisdiction Act
The Uniform Child Custody Jurisdiction Act (1968) creates
guidelines to avoid jurisdictional competition and conflict
with courts of other states in matters of child custody, promote
cooperation with the courts of other states, and facilitate
the enforcement of custody decrees of other states
Parental
Kidnapping Prevention Act
The Parental Kidnapping Prevention Act (1980) assures that
full faith and credit is given to child-custody determinations.
States may honor and enforce custody determinations made in
other states as long as certain requirements listed by the
Act are satisfied
International
Parental Kidnapping Crime Act
The International Parental Kidnapping Crime Act of 1993 makes
it a federal crime to remove a child from the United States
or retain a child, who has been in the United States, outside
the United States with the intent to obstruct the lawful exercise
of parental rights
Utah
Missing Person Clearinghouse Home Page
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