Parental Kidnapping Prevention Act
If a party (such as your ex-spouse) refuses to return your
child, you may seek relief under the Parental Kidnapping
Prevention Act (PKPA). Contact the local law enforcement
authorities and request they assist in the return of the child.
If they refuse,
insist that they enforce the PKPA
Statute. Local law enforcement is bound by law to enforce the
PKPA, and it is
NOT up to them to selectively enforce it
OR
to decide the merits of any specific case or situation where the
PKPA is applicable.
Parental Kidnapping Prevention Act
28 USC Sec. 1738A
- 28 § 1738A. Full faith and credit given to child
custody determinations
(a) The appropriate authorities of every State shall
enforce according to its terms, and shall not modify except as
provided in subsection (f) of this section, any child custody
determination made consistently with the provisions of this
section by a court of another State.
(b) As used in this section, the term -
(1) 'child' means a person under the age of eighteen;
(2) 'contestant' means a person, including a parent,
who claims a right to custody or visitation of a child;
(3) 'custody determination' means a judgment, decree,
or other order of a court providing for the custody or
visitation of a child, and includes permanent and temporary
orders, and initial orders and modifications;
(4) 'home State' means the State in which,
immediately preceding the time involved, the child lived with
his parents, a parent, or a person acting as parent, for at
least six consecutive months, and in the case of a child less
than six months old, the State in which the child lived from
birth with any of such persons. Periods of temporary absence
of any of such persons are counted as part of the six-month or
other period;
(5) 'modification' and 'modify' refer to a
custody determination which modifies, replaces, supersedes, or
otherwise is made subsequent to, a prior custody determination
concerning the same child, whether made by the same court or
not;
(6) 'person acting as a parent' means a person, other
than a parent, who has physical custody of a child and who has
either been awarded custody by a court or claims a right to
custody;
(7) 'physical custody' means actual possession and
control of a child; and
(8) 'State' means a State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or a
territory or possession of the United States.
(c) A child custody determination made by a court of a
State is consistent with the provisions of this section only if
-
(1) such court has jurisdiction under the law of such State; and
(2) one of the following conditions is met:
(A) such State (i) is the home State of the child on the
date of the commencement of the proceeding, or (ii) had been
the child's home State within six months before the date of
the commencement of the proceeding and the child is absent
from such State because of his removal or retention by a
contestant or for other reasons, and a contestant continues
to live in such State;
(B) (i) it appears that no other State would have
jurisdiction under subparagraph (A), and (ii) it is in the
best interest of the child that a court of such State assume
jurisdiction because (I) the child and his parents, or the
child and at least one contestant, have a significant
connection with such State other than mere physical presence
in such State, and (II) there is available in such State
substantial evidence concerning the child's present or
future care, protection, training, and personal
relationships;
(C) the child is physically present in such State and (i)
the child has been abandoned, or (ii) it is necessary in an
emergency to protect the child because he has been subjected
to or threatened with mistreatment or abuse;
(D) (i) it appears that no other State would have
jurisdiction under subparagraph (A), (B), (C), or (E), or
another State has declined to exercise jurisdiction on the
ground that the State whose jurisdiction is in issue is the
more appropriate forum to determine the custody of the
child, and (ii) it is in the best interest of the child that
such court assume jurisdiction; or
(E) the court has continuing jurisdiction pursuant to
subsection (d) of this section.
(d) The jurisdiction of a court of a State which has made
a child custody determination consistently with the provisions
of this section continues as long as the requirement of
subsection (c)(1) of this section continues to be met and such
State remains the residence of the child or of any contestant.
(e) Before a child custody determination is made,
reasonable notice and opportunity to be heard shall be given to
the contestants, any parent whose parental rights have not been
previously terminated and any person who has physical custody of
a child.
(f) A court of a State may modify a determination of the
custody of the same child made by a court of another State, if -
(1) it has jurisdiction to make such a child custody
determination; and
(2) the court of the other State no longer has jurisdiction,
or it has declined to exercise such jurisdiction to modify
such determination.
(g) A court of a State shall not exercise jurisdiction in
any proceeding for a custody determination commenced during the
pendency of a proceeding in a court of another State where such
court of that other State is exercising jurisdiction
consistently with the provisions of this section to make a
custody determination.
