The International Parental Kidnapping Act (IPKA) makes it a crime to remove a child from the United States or retain a child under the age of 16 years (who has been in the United States) outside the United States with intent to obstruct the lawful exercise of parental rights.1 Under the laws of the United States and many foreign countries, if there is no custody decree prior to abduction, both parents may be considered to have equal legal custody of their child. Even though both parents may have custody of a child, it still may be a crime for one parent to remove the child from the United States against the other parent’s wishes. It may be necessary to include express language in the custody degree that prohibits a child from traveling abroad without permission of the other parent or that of the court.2
- 118 U.S.C. § 1204, et seq.
- 2For more information, see Bureau of Consular Affairs, U.S. Dep’t of State, Prevention Tips,Travel.State.Gov.