Sunday, March 23, 2008
International parental child abduction from the U.S. to India
There has been a rash of cases concerning parents who remove a child from the United States to India without the consent of the other parent and then refuse to return the child to this country.
Parents often have a grave misunderstanding of the serious nature of such parental child abduction. Many believe that simply because India is not yet a party to the Hague Convention on the Civil Aspects of International Child Abduction (the "Hague Convention") the legal system can neither prevent nor cure a parent's unauthorized removal of a child from the United States to India. Such views are totally mistaken.
U.S. federal law makes kidnapping a crime even when it is committed by one of the child's parents. The International Parental Kidnapping Crime Act (IPKCA), 18 U.S.C.1204, makes it a federal felony to remove a child under the age of 16 from the United States, or to retain a child outside the United States with the intent to obstruct the lawful exercise of parental rights. In addition, every state recognizes that the abduction of a child by his or her parent is a serious crime, subject to penalties in excess of one year in prison.
To read the full article, click here...
To read the ePaper, visit: http://www.newsindia-times.com
Parents often have a grave misunderstanding of the serious nature of such parental child abduction. Many believe that simply because India is not yet a party to the Hague Convention on the Civil Aspects of International Child Abduction (the "Hague Convention") the legal system can neither prevent nor cure a parent's unauthorized removal of a child from the United States to India. Such views are totally mistaken.
U.S. federal law makes kidnapping a crime even when it is committed by one of the child's parents. The International Parental Kidnapping Crime Act (IPKCA), 18 U.S.C.1204, makes it a federal felony to remove a child under the age of 16 from the United States, or to retain a child outside the United States with the intent to obstruct the lawful exercise of parental rights. In addition, every state recognizes that the abduction of a child by his or her parent is a serious crime, subject to penalties in excess of one year in prison.
To read the full article, click here...
To read the ePaper, visit: http://www.newsindia-times.com
Labels: Civil Aspects, india, International Child Abduction, International Parental Kidnapping Crime Act, nagpur, United states
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