Divorces and custody disputes can very suddenly become messy. When one parent disagrees with a custody arrangement, they may make the rash decision to defy the terms of a court order, often believing they're acting in their child's best interest. However, taking matters into their own hands is rarely a good idea and can quickly escalate into a serious legal issue. One common and potentially harmful way of evading a custody agreement is through what's known as "parental kidnapping."
Parental kidnapping happens when one parent unlawfully takes a child from the custody of the other parent, disregarding the established custodial rights set by courts. Parents cannot break custody agreements without good reason, whether taking a child outside the county or across the country. However, with recent upticks in international marriages and unique living situations, there's also an increase in parental abductions occurring across international borders. This is known as international parental kidnapping, and every aspect of these cases—from criminal punishments to resolutions—is more complicated and stressful for involved parents.
The best divorces and custody arrangements are ones where both parents work together to give their child the best life possible. However, it's extremely common for emotions to run high, and good parents may believe that engaging in international kidnapping is the best path forward. Unfortunately, this opens them up to greater scrutiny and an increased chance of criminal charges, regardless of their intent. If you are facing charges of international parental kidnapping or going through a stressful custody dispute, the Lento Law Firm can help.
At the Lento Law Firm, we understand how emotions often cause parents to act in ways they never imagined they would. International parental kidnapping charges can significantly impact your life and familial relationships, and our Family Law Team will vigorously defend you inside and outside of the criminal court system. Call the Lento Law Firm today at 888-535-3686 or contact us through our website to secure help with your custody issue.
Criminal Risks of International Parental Kidnapping
International parental kidnapping is a severe violation of established custody agreements, and the fallout on your custody rights may be severe. However, the most pressing issues are typically the resulting federal and state criminal charges you may face.
Federal Custody Interference: The International Parental Kidnapping Crime Act (IPKCA)
IPKCA is a federal law passed to address parental kidnapping on an international scale. In simple terms, it is a federal criminal offense for parents or any individual to remove or attempt to remove a child from the United States or to retain them in another country in order to interfere with another parent's custodial rights.
IPKCA convictions can lead to imprisonment for up to three years and additional fines. However, it is important to note that IPKCA does not provide a mechanism to secure the child's return to the United States. This responsibility falls under civil law, and the Lento Law Firm can represent you during civil proceedings to protect your child regardless of ongoing criminal matters. The Lento Law Firm has experience assisting parents through civil matters like Hague Abduction Convention proceedings, arguing for one or more defenses preventing your child from returning to an unsafe or substandard custody situation.
New Jersey Law: Custody Interference and Escalation
In addition to federal laws, New Jersey also criminalizes interfering with a custody arrangement. While this statute deals with all forms of interference, it also states that custody interference that escalates to involve international borders rises to a second-degree crime. Second-degree crimes in New Jersey can lead to substantial fines and lengthy prison sentences of up to 10 years.
Courts typically write custody agreements in black and white, with little room for interpretation. If you want to seek changes to existing custody arrangements in New Jersey, you must go through the proper channels. Otherwise, proving that your actions were truly in your child's best interests is often challenging.
When federal authorities prosecute under the IPKCA, New Jersey may also pursue custody interference charges. In addition, there may be ongoing civil custody proceedings to alter your existing custody arrangements, potentially exposing your child to harm. The Lento Law Firm Criminal Defense Team and Family Law Team can take on your case and handle any civil or criminal matter that comes your way. Contact us today to describe your situation and learn how we can help.
Defenses Against International Parental Kidnapping Charges
Despite many custody arrangements containing clear delineations of when parents have custody of their child and where they can take them, there are potential defenses that could be relevant to shield them from criminal charges or liability. The most common defenses include:
- Valid Court Order: One common defense is that the defendant acted under a valid court order granting them legal custody or visitation rights. If this order was obtained in compliance with the Uniform Child Custody Jurisdiction and Enforcement Act, it can provide an added legitimate basis for taking the child.
- Protection from Domestic Violence: If the defendant was fleeing a dangerous or abusive environment, such as an incident or pattern of domestic violence, the context of self-protection may serve as a defense. Courts may consider whether the defendant's actions were in the child's best interests due to a risk of harm, even if it otherwise violated existing custody arrangements.
- Uncontrollable Circumstances: Another defense involves situations where the defendant could not return the child due to circumstances beyond their control. For instance, if a parent could not travel back to the United States or communicate due to unforeseen events and made reasonable attempts to notify the other parent within 24 hours, this may mitigate the charge.
Even if these defenses apply to your situation, you can't simply claim them as a defense and pray that the judge will agree with you. You need solid evidence and documentation that clearly explains why you did what you did and for what reason. The Lento Law Firm can assist in determining which line of defense is best to avoid criminal charges or civil setbacks during your custody dispute.
Why the Government Prioritizes International Parental Kidnapping Cases
Prosecutors have leeway to bring criminal charges for different matters, but if you are involved with international custody disputes, the government will likely take your case extremely seriously. The reasons for this increased level of scrutiny and motivation include the following:
- Child Safety and Well-being: Children who are separated from trusted caregivers and introduced to an unfamiliar country often suffer from anxiety, confusion, and psychological stress. Even if a parent engages in international parental kidnapping to protect their child from a harmful custody arrangement, prosecutors don't often know the details and treat each case with the importance it deserves.
- High Risk of Concealment and Identity Change: Leaving the country makes it easier for parents to conceal their child's identity by changing their name, birth date, or appearance to avoid detection. Without immediate access to other country's records, officials in the United States have no way to track these changes. As such, the faster they can locate parents and children to begin prosecutions, the better.
- Legal Barriers to Reunification: Despite some international agreements, international custody disputes are always complex due to unique laws regarding custody, immigration, and extradition. Plus, not all countries are signatories to the same custody agreements as the United States. Without cooperation from foreign governments, even a successful U.S. prosecution may not lead to the child's return. Therefore, when officials have the opportunity to work with friendly governments to return children to the country, they quickly get to work to take advantage of the situation.
If you have been arrested for international parental kidnapping or are under suspicion, you understand how relentless the United States can be when it comes to handling these types of custody cases. Before talking to law enforcement and potentially incriminating yourself further, contact the Lento Law Firm today. Our Criminal Defense and Family Law Teams fully understand what you are going through, and we can guide you through upcoming interviews and court appearances to maximize your chances of success.
Work With the Lento Law Firm Family Law and Criminal Defense Attorneys
If you're dealing with a case of international parental kidnapping, your attorneys must understand the criminal and civil aspects at play. Not only are you potentially defending against criminal charges in federal or state court, but you must continue the fight to protect your child from a harmful or unsafe environment. Divorce attorneys or local criminal defense attorneys may understand one small aspect of international parental kidnapping situations, but they can't offer the level of defense you need to find success.
The Lento Law Firm Criminal Defense and Family Law Teams are committed to providing empathetic support while simultaneously defending your rights and future during international parental kidnapping cases. If you're facing an international parental kidnapping charge or seeking to protect your custodial rights in New Jersey, call the Lento Law Firm at 888-535-3686 or contact us through our website.
