U.S. LAW – CRIMINAL PENALTIES FOR WRONGFUL WITHHOLDING UNDER IPKA

The U.S. Congress dealt with international child abductions in 1993. It passed the International Parental Kidnapping Act (IPKA), 18 U.S.C.  §1204. The Act imposes criminal penalties on parents who illegally abduct children. For example, it is a federal felony for a parent to wrongfully remove or retain a child outside the United States. Defenses to the crime include 1) The defendant was granted custody or visitation pursuant to the UCCJEA, 2) the defendant is fleeing domestic violence, and 3) the defendant was unable to return a child to the custodial parent because of circumstances beyond their control.

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