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Parental Kidnapping | Learn About Law

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please enjoy welcome to learn about law

my name's kevin o Flaherty from

O'Flaherty law and today we're gonna

explain parental kidnapping and the

parental kidnapping Prevention Act

parental kidnapping is the concealment

taking a retention of a child by his

parent and violation of the rights of

the other parent or another family

member so when one parent decides to

violate a custody order or custody

agreement or refuses to return the child

to their custodial parent the parental

kidnapping Act comes into play it's a

federal law so it applies to all states

and the purpose of the parental

kidnapping Prevention Act is to prevent

a parent from crossing state lines with

the child opening up a new custody case

in a second state after a custody case

has been opened in the first state and

getting a conflicting custody order so

basically taking the child away from the

custodial parent that was giving custody

according to a valid state order and

then taking them to another state to get

custody of them in the other state so

basically one thing that the proventil

the parental kidnapping Prevention Act

excuse me provides is that there can

only be one valid state jurisdiction of

a particular custody case so you can't

have multiple custody cases in multiple

states going at one time you can

transfer a custody case from one state

to another and there's a procedure for

doing so but you can't just open up a

second custody case in a second state

more importantly one of the things that

it provides is that parents are

prevented from taking a child across

state lines in order to retain the child

obtain custody of the child or deprive

access of the child to the other parent

in violation of an existing court order

if they do this this is chargeable as a

felony now there are some exceptions one

exception is when the parent was acting

in accordance with the court order so

that's not really an exception it's just

it doesn't apply if the parent has the

legal right to take the child across

state lines

a true exception is when the parent is

concealing or failing to return the

child in order to protect them from

physical harm so this is if the parent

who has custody if there's reason to

believe that the that parent will abuse

or attack the child then if the parent

can prove that

that took the child across state lines

to conceal them then that's an exception

of the act

finally if circumstances beyond the

control of the parent that took the

child across state lines and didn't

return them in accordance with the court

order if circumstances beyond their

control caused them to not return them

on time something like weather or a car

breakdown then in that situation the act

won't come into play either

there's also emergency grounds for

jurisdiction in a second state so even

if one state is the home state of a

child if a parent does take a child

across state lines a second state can

assert emergency jurisdiction as a

refuge state it basically for the

purpose of protecting the child from

physical harm by the custodial parent

and the home state so there are some

exceptions to the parental kidnapping

Prevention Act but the general rule is

that it's intended to prevent one parent

from taking the child across state lines

to hide the child from the custodial

parent or to get a different custody

order entered if you have any questions

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