Legal Definitions - Parental Kidnapping Prevention Act

The Parental Kidnapping Prevention Act (PKPA) is a federal law enacted in 1980. Its main goals are to discourage parents from taking their children across state lines in violation of a custody order and to ensure that child custody orders issued by a court in one state are recognized and enforced by courts in all other states. This law helps prevent parents from attempting to obtain new custody orders in different states to circumvent an existing one, and it provides a legal framework for the return of children who have been unlawfully taken by a parent.

Here are some examples illustrating how the PKPA applies:

• Example 1: Preventing Interstate Abduction

  A mother in Oregon has sole legal and physical custody of her child, with the father having supervised visitation rights. During a supervised visit, the father takes the child and flees to Idaho, refusing to return the child to the mother. Under the PKPA, the Idaho courts are required to recognize and enforce the existing Oregon custody order. This means Idaho authorities can assist in the child's return to the mother in Oregon and may pursue penalties against the father for violating the custody order and abducting the child across state lines.

• Example 2: Ensuring Recognition of Custody Orders Across States

  A couple divorces in Illinois, and an Illinois court issues a custody order granting the father primary physical custody. A few years later, the mother moves with the child to Missouri for a new job opportunity. The father, still residing in Illinois, wants to modify the visitation schedule. The PKPA ensures that Missouri courts will recognize the original Illinois custody order as the valid and controlling order. This prevents the mother from attempting to get a new, more favorable custody order issued by a Missouri court without proper jurisdiction, and it generally requires that any modification proceedings take place in Illinois, the original state of jurisdiction, unless Illinois relinquishes jurisdiction.

• Example 3: Preventing "Forum Shopping"

  A mother in Arizona loses a contentious custody battle and is granted only limited, supervised visitation. Dissatisfied with the outcome, she moves with the child to Nevada, hoping to file a new custody case there and obtain a more favorable ruling. The PKPA prevents Nevada courts from simply issuing a new custody order. Instead, it mandates that they recognize the existing Arizona order, ensuring that the Arizona court maintains primary jurisdiction over the custody matter. This prevents parents from moving to a different state solely to find a court that might give them a better outcome, a practice known as "forum shopping."