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Re: an unusual case.......can anyone offer help?

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  • Bowman7a
    International Parental Kidnapping Crime Act of 1993 18 U.S.C. 1204 Sec. 1204. -International Parental Kidnapping (a) Whoever removes a child from the United
    Message 1 of 2 , Oct 16, 2003
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      International Parental Kidnapping Crime Act of 1993
      18 U.S.C. 1204

      Sec. 1204. -International Parental Kidnapping
      (a) Whoever removes a child from the United States or retains a child (who has been in the United States) outside the United States with intent to obstruct the lawful exercise of parental rights shall be fined under this title or imprisoned not more than 3 years, or both.
       
      (b) As used in this Section -
       
      (1) the term "child" means a person who has not attained the age of 16 years: and
       
      (2)  the term "parental rights", with respect to a child, means the right to physical custody of the child -
      (A) whether joint or sole (and includes visiting rights); and 
      (B) whether arising by operation of law, court order, or legally binding agreement of the parties. 
      (c) It shall be an affirmative defense under this section that-
       
      (1)the defendant acted within the provisions of a valid Court order granting the defendant legal custody or visitation rights and that order was obtained pursuant to the Unifonl1 Child Custody Jurisdiction Act and was in effect at the time of the offense;
       
      (2) the defendant was fleeing an incidence or pattern of domestic violence;
       
      (3) the defendant had physical custody of the child pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstance beyond the defendant's control, and the defendant notified or made reasonable attempts to notify the other parent or lawful custodian of the child of such circumstances within 24 hours after the visitation period had expired and returned the child as soon as possible.
       
      (d) This section does not detract from The Hague Convention on the Civil Aspects of International Parental Child Abduction) done at the Hague on October 25) 1980.

      Federal Parent Locator Service - 18 USC 553, 18 USC 663
      International Parental Kidnapping Crime Act, 18 U.S.Code �1204
      Parental Kidnapping Prevention Act (1980), 28 U.S.C. �1738A
      Federal Law / Missing Children Title 42, Chapter 72, Subchapter IV, 5771+
      International Child Abduction Remedies Act, 42 U.S.C. �11601
      Uniform Child Custody Jurisdiction Act (1979), 43 U.S.C. �458A
      National Child Search Assistance Act (1990), 42 U.S.C. � 5780)


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