-
Adam Walsh Child Protection and Safety Act of 2006: , Public Law 109-248 7/27/2006.
An act to protect children from sexual exploitation and violent crime, to prevent child abuse and child pornography, to promote Internet safety, and to honor the memory of Adam Walsh and other child crime victims.
Crime Control: A Federal Response
Criminal
and Civil Laws Regarding Parental Abduction: "Although many individuals,
including some law enforcement personnel, perceive parental abduction as
"civil in nature" and a private family matter best handled outside
the realm of the criminal justice system, it is a crime in all 50 States
and the District of Columbia and, in most cases, constitutes a felony.
In some States, parental abduction constitutes a crime only in cases in
which a custody order has been violated. In others, no custody order is
required for parental abduction to be considered a criminal offense".
Congressional
Missing and Exploited Children's Caucus: Started by Rep. Nick Lampson,
D-TX. You can contact each Representative; they have taken a stand on missing
and abducted children.
Custody,
Visitation & child Support information: "A parent that is not
awarded physical custody has a visitation schedule. Often, when a parent
is awarded visitation rather than physical custody, they feel as if they
are being characterized as an inferior parent".
Department
of Defence Directive: Compliance of DOD Members, Employees, and Family
Members outside the United States with Court Orders. Public Law 100-456,
"National Defense Authorization Act, Fiscal year 1989," September
29, 1988 and Title 10, USC, Section 814. "Procedures for treating such
individuals who have been charged with, or convicted of, a felony in a court,
have been held in contempt of a court for failure to obey the court's order,
or have been ordered to show cause by a court why they should not be held
in contempt for failing to obey the court's order."
Enforcement
of Child Support Obligations of Members of the Armed Forces: The Secretary
of Defense shall establish a centralized personnel locator service that
includes the address of each member of the Armed Forces under the jurisdiction
of the Secretary. The Secretary of Defense shall make information regarding
the address of a member of the Armed Forces listed in the locator service
available, on request, to the Federal Parent Locator Service.
Extradition
Treaties Interpretation Act of 1998: For purposes of any extradition
treaty to which the United States is a party, Congress authorizes the interpretation
of the terms `kidnaping' and `kidnapping' to include parental kidnapping.
False
Statement in Application and Use of Passport: "Whoever willfully
and knowingly makes any false statement in an application for passport with
intent to induce or secure the issuance of a passport under the authority
of the United States, either for his own use or the use of another, contrary
to the laws regulating the issuance of passports or the rules prescribed
pursuant to such laws, shall be fined under this title or imprisoned.
Federal
Parent Locator Service Used in connection with enforcement or determination
of child custody in cases of parental kidnapping of a child.
-
H. Con Res. 293 (Concurrent
Resolution) 106th Congress, May 24, 2000. Urging compliance with the Hague
Convention on the Civil Aspects of International Child Abduction.
International
Child Abduction Remedies Act: (ICARA) Legislation that implements the
Hague Treaty into our legal system.
International
Child Custody Disputes: A summary of relevant statutes and treaties.
International Parental
Kidnapping Crime Act of 1993: Public Law 103-173-Dec 2, 1993. To amend title
18, United States code with respect to parental kidnapping and for other
purpose.
Laws
That May Apply in International Parental Kidnapping Cases:
Legislation
of Interpol Member States on Missing Children
Missing
Children Act of 1982: The Missing Children Act of 1982 (28 U.S.C. ß534
(a)) enables parents to guarantee that information on their missing child
is properly entered into the FBI National Crime Information Center (NCIC)
computer system. If you have doubts about whether the police department
taking the missing child report has entered the information into the computer
system, you have the right to ask the FBI to verify the entry. If the case
has not been entered, ask the FBI to make the entry for you.
Missing
Children's Assistance Act of 1984: Directs the Administrator of the
Office of Juvenile Justice and Delinquency Prevention to: (1) arrange coordination
among all federally funded missing children programs; (2) prepare an annual
comprehensive plan to facilitate such coordination; (3) establish and operate
a national toll-free telephone line for missing children; (4) establish
and operate a national resource center and clearinghouse
National
Child Search Assistance Act of 1990: National Child Search Assistance
Act of 1990 - Requires each Federal, State, and local law enforcement agency
to report each case of a missing child under age 18 to the National Crime
Information Center (NCIC)
Office
of Child Support Enforcement: The Federal OCSE is attempting to bring
together links to State IV-D office home pages all in one place. As more
states put up their child support enforcement web sites we will add to this
page.
Parental Kidnapping Prevention
Act of 1980: (PKPA) Public Law 96-611-Dec. 28. 1980.
Parental
Kidnapping Prevention Act: Full faith and Credit Given to Child
Custody Determinations: Title 28-Judicial Procedures, Part V-
Procedures, Chapter 115 Evidence Documentary, Section 1738A (1980)
"If
a party (such as an ex-spouse) refuses to return your child, you may
seek relief under the Parental Kidnapping Prevention Act (PKPA)".
Contact law enforcement and request assistance in the return of your
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".
United
States: Legislation of Interpol member states on missing Children
Prosecutorial
Remedies and Other Tools to End the Exploitation of
Children Today Act of 2003: Public law 108-21, April 30, 2003 "To
prevent child abduction and the sexual exploitation of children" Title
III Public Outreach, Subtitle A Amber Alert. Subtitle B NCMEC,
increased support ($20,000,000 a year for 2004 and 2005)
Eligibility:
Who May Apply to Be Resettled in the United States as a Refugee?
Each year, the United States resettles a limited number of refugees. Eligibility
for consideration is governed by a system of >processing
priorities. The following is just one of the reasons for which a refugee
may not be admitted to the United States: A person who has been involved
in international child abduction.
Procedures
for Children Abducted from the United States and to the United States.
Designation of the Central Authority. 23 CFR Part 94. International Child
Abduction. This is how the United States Central Authority is set up. It
has what the Central Authority can and can not do. The authority for this
is the Hague Treaty, ICARA and Public Law 100-300.
S. Con Res. 98 (Concurrent
Resolution) 106th Congress, March 23, 2000, Urging compliance with the Hague
Convention on the Civil Aspects of International Child Abduction.
State
Divorce Laws: These pages contain a summary of the divorce laws of all
states and the District of Columbia. It has been compiled directly from
the most recently-available statute books and updates for each state. Every
effort has been made to assure that the information contained in these pages
is accurate and complete. However, laws are subject to constant change.
Therefore, those legal points which are particularly important in your situation
should be checked directly in the appropriate law book or with a lawyer
to be certain that the law has not changed.
Suzann's Law:
This law amends section 3701 (a) of the Crime Control Act of 1990 (Public Law 101-647) so that there is no waiting period before a law enforcement agency initiates an investigation of a person under the age of 21 and reports the missing person to the National Crime Information Center. (NCIC)
Thomas:
Legislative Information on the Internet: What your Senators and Representatives
are doing with your money, plus other Library of Congress links.
Types
of Custody: Learn the difference between legal custody, physical custody,
sole custody, joint custody and more.
Uniform Child Abduction Prevention Act:
State law drafted by the National Conference of Commissioners on Uniform State Laws, Approved and recommended for enactment in all states. Once acted on by the states, this will be come state law. Passed July 7-14 2006.
The following, the UCCJA and the
UCCJEA are "Reprinted by permission of the National Council of Juvenile
and Family Court Judges"
Uniform Child Custody
Jurisdiction Act: 1968 (UCCJA) Drafted by the National Conference of
Commissioners on Uniform State Laws.
Uniform Child Custody
Jurisdiction and Enforcement Act: 1997 (UCCJEA) Drafted by the National
Conference of Commissioners on Uniform State law.
- States
That Have Adopted The UCCJEA: (Updated as states adopt) From The
National Conference of Commissioners on Uniform State laws. The UCCJEA
"revises the 1968 UCCJA, which was adopted in every state, and brings
compliance with the federal Parental Kidnapping Prevention Act (PKPA).
This act limits child custody jurisdiction and provides enforcement provisions
for child custody orders"
- A
Critique of the Proposed UCCJEA: By David H. Levy and Nanette A. McCarthy.
This is an article written in 1998, but will give you some
insight into the UCCJEA.
- Why
States Should Adopt the UCCJEA: From the Uniform Law Commissioners,
The National Conference of Commissioners on Uniform State Laws.
-
An
Overview of the UCCJEA: From New York Divorce and Family Law. Another
look at the UCCJEA
- Interstate
Custody: Understanding the UCCJA, the UCCJEA and the PKPA. 1999 by
NOW Legal defense and Education Fund, Inc. Found in the Poverty Law Manual
for the New Lawyer, National Center on Poverty Law. Gives you insight into
the three laws.
- UCCJEA
This paper was written by Patricia Hoff, published by OJJDP and is intended
to provide information about the UCCJEA to Stateís that are considering
adoption. It is also informative for parents and lawyers that may need
to litigate child custody matters.
Uniform
State and Federal Laws: On Custody, Parental Child Abduction and Missing
Children.
United
States Child Custody Attorneys A list of custody attorneys by State.
United
States Codes: All the laws passed by Congress are somewhere within these
US Codes. Hint: Try Title 18 and Title 22 to start. Titles
1-50, Us Codes by
Popular Name.
United
States Family and Custody Law Statutes and Code The law statutes and
codes are listed by State.
What
if your Child is abducted? This is a very good summary of the use of
the UCCJA and PKPA. This article was written by Richard Crouch of the law
firm of Crouch and Crouch in Arlington, VA and is reproduced here with their
kind permission.