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What happens in one of the parents kidnaps the child and leaves the country?

When a U.S. citizen child is kidnapped and taken to another country, the State Department's Office of Children's Issues works with U.S. embassies and consulates throughout the world to help the child and the parent looking for the child. But, even when a child is taken across international borders, child custody disputes are private legal matters between the parents, and the State Department has little or no power.

It is very important, if your child is at risk of being abducted by the other parent, that you have a clear custody order that specifies what the other parent can and cannot do in terms of traveling with your child.  But, even if you have a court order, U.S. laws and court orders are not usually recognized in the foreign country and therefore are not directly enforceable abroad.  

Fortunately, the Hague Convention, which has been signed by many countries, is an international treaty that applies to child abductions.  The countries that are parties to the Convention have agreed that, with a few exceptions, a child who is a resident in one country that is a party to the Convention and who is removed to another country that is also a party to the Convention against a custody and visitation order must be promptly returned to the country of residence.   

The Hague Convention and cases of international abduction are very complicated. There is information online to help you but if you can, talk to a lawyer who has a lot of experience with international abduction cases.  Your local District Attorney’s office may also have a Child Abduction and Recovery Unit that can help you or give you resources in your area.

Here are some websites with very helpful and complete information on child abduction:

The U.S. Department of State’s Office of Children’s Issues website provides information about international abduction, like information on how to look for a child abroad, using the criminal justice system, abduction applications, and information about the law.

A Family Resource Guide on International Kidnapping from the Office of Juvenile Justice and Delinquency Prevention of the U.S. Department of Justice, provides detailed information on prevention, searching for your child, checklists for what to do in case of kidnapping, resources and much more.

The International Parental Child Abduction booklet from the Federal Citizen Information Center also contains information on prevention, what the state department can and cannot do to help, how to search for a child abroad, legal solutions in countries that are not a party to the Hague convention, applications for help under the Hague convention, and resources.

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