Legal Question in Family Law in New York

Re: to an attorney

International parental kidnapping: “Whoever removes a child from the United States or attempts to do so, or retains a child (who has been in the United States) outside the United States with intent to obstruct the lawful exercise of parental rights shall be fined under this title or imprisoned not more than 3 years or both.” 18 USC �1204(a) (2008).

That is a federal crime.

It is an affirmative defense to that crime that:

1. The defendant acted within the provisions of a valid court order granting the defendant legal custody or visitation rights and that order was obtained pursuant to the Uniform Child Custody Jurisdiction Act or the Uniform Child Custody Jurisdiction and Enforcement Act and was in effect at the time of the offense;

OR:

2. the defendant was fleeing an incidence or pattern of domestic violence;

OR:

3. the defendant had physical custody of the child pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond the defendant’s control, and the defendant notified or made reasonable attempts to notify the other parent or lawful custodian of the child of such circumstances within 24 hours after the visitation period had expired and returned the child as soon as possible.

Before you take or send your child away, you better get permission from a family court.

If you wish to speak to me further about this situation, you may contact me through the links below.

Good Luck.