Children Removed From California

The Child Abduction Unit uses all available means to recover children taken out of state, including interstate compacts and federal agencies.

When a custody order is in place, the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) requires each state to recognize and enforce valid custody orders of a sister state. When no custody order is in place, the UCCJEA has provisions to legally notice the abductor, even when the abductor's location is unknown thereby enabling the obtaining of a temporary custody.

The Parental Kidnapping Prevention Act (PKPA) maintains a Federal Parent Locator Service to assist the Child Abduction Unit in finding the abductor parent and the abducted children. The PKPA authorizes application of the Federal Fugitive Felon Act to felony parental kidnapping cases.

Children removed from the United States: The Child Abduction Unit will utilize all legal means to locate and return a child taken out of the United States, including federal treaties and the services of the U.S. Department of State.

Some countries will not recognize that an abduction has taken place unless the left-behind parent can show a custody decree. Without a decree, custody is assumed to be shared. A custody decree is especially important/helpful when the child has been taken out of the country.

The United States is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction. The State Department's Office of Children's Issues works with U.S. embassies and consulates abroad to assist the left-behind parent in filing an application with foreign authorities for the return of the child. Signatory countries of the Hague Convention are required to return wrongfully removed children from their countries of habitual residence.

Removing a child from the United States is a federal felony and punishable by imprisonment. However, under the Hague Convention the abductor parent is usually not prosecuted as courts have held that the arrest of the parent would expose the child to psychological harm. The emphasis is on the speedy return of the child. When the child has been removed to a country that is not a signatory to the Hague Convention, the State Department's Office of Children's Issues provides the Child Abduction Unit with information on the customs and legal practices of the country and with referrals to attorneys who are experienced in the parental abduction law and the family law of that country. This can be a very complicated process and investigators in the Child Abduction Unit are trained in the procedures that must be utilized.

To see outstanding child abduction cases click here.