Legal Definitions - International Parental Kidnapping Crime Act of 1993

The International Parental Kidnapping Crime Act of 1993 is a United States federal law that makes it a criminal offense for a parent or guardian to remove a child from the U.S. or retain a child outside the U.S. with the intent to obstruct the lawful exercise of parental rights. This Act serves to implement the principles of the Hague Convention on the Civil Aspects of International Child Abduction within U.S. federal law.

In simpler terms, this law makes it a federal crime for a parent or legal guardian to take their child out of the United States, or keep them outside the United States, if their intention is to prevent the other parent or guardian from exercising their legal custody or visitation rights. It's a key tool for the U.S. government to address situations where children are taken across international borders by one parent without the consent of the other, often in violation of a court order.

Here are some examples illustrating how this law applies:

• Example 1: Removal to a Non-Hague Country
  Maria and John are divorced and share legal custody of their daughter, Sofia, who resides with John in Florida. After a particularly difficult custody dispute, Maria takes Sofia on what she claims is a vacation to a country that is not a signatory to the Hague Convention. Once there, Maria cuts off all communication with John and refuses to return Sofia to the U.S., intending to permanently prevent John from exercising his parental rights. Maria's actions would likely constitute a violation of the International Parental Kidnapping Crime Act because she removed Sofia from the U.S. with the specific intent to obstruct John's lawful parental rights, making it a federal crime.

• Example 2: Retention Abroad After Visitation
  Dr. Evans, a U.S. citizen living in New York, has a court order granting him primary custody of his son, Alex. Alex's mother, who lives in France (a country that is a signatory to the Hague Convention), takes Alex for an agreed-upon summer visitation. At the end of the visitation period, she informs Dr. Evans that she will not be returning Alex to the U.S. and intends to keep him in France indefinitely, thereby obstructing Dr. Evans's custody rights. This act of retaining Alex outside the U.S. with the intent to prevent his return and obstruct Dr. Evans's parental rights would be considered a violation of the International Parental Kidnapping Crime Act.

• Example 3: Removal to a Hague Country with Criminal Intent
  Sarah and Michael are divorced and share joint custody of their daughter, Emily, who lives with Sarah in California. After a heated argument about Emily's schooling, Michael takes Emily on a trip to Canada (a Hague Convention country) for a scheduled visit. However, instead of returning Emily as planned, Michael enrolls her in a Canadian school and informs Sarah that he will not be bringing Emily back to the U.S., intending to unilaterally change her residence and obstruct Sarah's custody rights. Even though Canada is a Hague Convention country, Michael's act of removing Emily from the U.S. and retaining her there with the intent to obstruct Sarah's parental rights constitutes a federal crime under the International Parental Kidnapping Crime Act. While the Hague Convention provides a civil mechanism for Emily's return, the U.S. Act addresses the criminal aspect of Michael's actions.