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Author Topic: Parental Kidnapping Prevention Act 28 USC Sec. 1738A  (Read 5461 times)

lostsoul16270

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Parental Kidnapping Prevention Act 28 USC Sec. 1738A
« on: Oct 28, 2009, 10:10:32 PM »
  I've run across this forum before trying to figure out things for my sister and neices so maybe this might work better, idk.  Have been digging on the net trying to find more on the above mentioned Statue and trying to see if it is in place in Nebraska, if anyone knows I'd be greatfull.  Back ground to question:  My sister dated, lived with and had two great little girls with a guy.  He got heavy into the drinking and dope, smacked her around a bit came close with the kids including my oldest neice who isn't his.  They later sepperated and a custody agreament was put into place.  His visits are Wendsday's from end of school till 7pm and everyother weekend from end of school Friday till 6pm Sunday and everyother holliday.  He went to the Elementary School and Head Start at noon and signed them both out with out their mother knowing or consenting and no questoins from the school office's cause he's their father, even though they have copies of the custody papers on file and this is the second time a situation like this has happened.  He returned home from his trip with them to his place prior to his court ordered time and kept the girls with him till they were finally able to be picked up around 8pm that night.  The local police point of view is that it's a civil matter and they aren't lawyers and that it needs to be taken up in the courts.  But this statute would be a way to get them back when they should be trumping the "civil despute" issue if it is in place in Nebraska.  Any advice would be greatful, thanks.


Kitty C.

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Re: Parental Kidnapping Prevention Act 28 USC Sec. 1738A
« Reply #1 on: Oct 29, 2009, 08:09:52 AM »
The 'USC' part means 'United States Code', meaning it is federal and trumps all state laws pertaining to this issue.  Whether it actually applies in this case.......only an atty. would be able to tell you.
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Davy

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Re: Parental Kidnapping Prevention Act 28 USC Sec. 1738A
« Reply #2 on: Oct 29, 2009, 09:54:40 AM »
From what has been posted, it aounds like the parent could file a simple comtempt action in their local jursidiction if the other parent is not complying with each and every detail of the existing custody arrangement.   For continued or more serious compliance situations one may be able to invoke the Criminal Custody Interference statues ( documented by state in the articles section on this site). 
 
It may be neccessary to print a copy of your state Interference statues (if they are relevant/apply) to show to Law Enforcement simply because they may not be aware of the statues.  Those statues are the results of a joint major effort by the ABA and federal Office of Juvenile Delinquency when it was realized (duh) that many troubled youth did not even know their fathers.
 
The PKPA and accompanying UCCJA (or variances thereof) state statues become relevant when children are removed from their Home to another state with no intention of returning.   

MixedBag

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Re: Parental Kidnapping Prevention Act 28 USC Sec. 1738A
« Reply #3 on: Oct 29, 2009, 10:53:01 AM »
IMHO....
 
State laws cover normal day to day infractions concerning family law.  If a parent doesn't return a child(ren), when they are supposed to, the other parent has to go to the family court and ask for assistance.
 
I personally think that the PKPA comes into play when the child(ren) are taken across state lines and not returned.  The custodial parent still has to go to the court with jurisdiction to ask that the child(ren) be returned, but since you're also talking crossing state lines, the PKPA oversees the whole situation so that each state follows the same rules.
 
Police have a tough time when it comes to enforcing family court documents because they enforce criminal orders and laws.  Divorce falls under civil law.

gemini3

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Re: Parental Kidnapping Prevention Act 28 USC Sec. 1738A
« Reply #4 on: Oct 29, 2009, 11:15:07 AM »
IMHO it would be difficult to get any sort of prosecution of this situation under federal (or state) kidnapping laws.  It sounds more like a violation of the terms of the custody agreement.  Especially if he has joint custody.
 
I agree with Davy on the best course of action.  File a contempt motion with the court that has jurisdiction. 


MrCustodyCoach

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Re: Parental Kidnapping Prevention Act 28 USC Sec. 1738A
« Reply #5 on: Oct 31, 2009, 07:00:30 PM »
IMHO it would be difficult to get any sort of prosecution of this situation under federal (or state) kidnapping laws.  It sounds more like a violation of the terms of the custody agreement.  Especially if he has joint custody.

I agree with Davy on the best course of action.  File a contempt motion with the court that has jurisdiction. 

Yep.  Also, at the risk of going on a tangent... I always am amused when the police say it's a "civil matter" when it comes to custodial interference, but when it comes to child support, also a CIVIL MATTER - they don't hesitate to don their gear and weapons and bang down doors arresting people who fall behind on their payments.

Amazing.  And total BS.
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*The opinions in this post are solely my own and do not represent the only way to address any particular issue.

lostsoul16270

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Re: Parental Kidnapping Prevention Act 28 USC Sec. 1738A
« Reply #6 on: Nov 01, 2009, 09:23:57 PM »
 
  All,
 
  Thanks for the help and ideas.  It's a mess that is complicated on the children and all other close parties involved in their lives.  He according to the courts has no custody only parental rights, everyother weekend visits and mid week visits, and gets them everyother holliday, plus the child support.  The lawyer she had at the time the previous time he did this told her she was getting to worked up when he refused to return the children.  She had to file a motion by herself before her lawyer would do anything, (leagle aid lawyer).  He went to court and was given a smack on the hand by the judge, then months later did seven days for missing the previous months child support payment, which he is currently 5,000.00ish behind.  Currently he was to have then this weekend but after finding out that he didn't have child safty seets in his van for them while transporting her new lawyer and the city police advised her that for the safty of the children and to cover her own backside, she was not under any court order to send them with him due to the risk of their personel safty.  Her new current lawyer she payed for is has filed a motion for contempt and writen a letter as a worning to him informing him that if he decides to remove the children from anywhere without the mothers consent outside of the court ordered visit schedule he will be facing more harsh charges besides contempt.  Will see, again thanks all.  And with the police here in Plattsmouth Nebraska I guess knowing what are and are not leagle child safty seats is beyong there scope as well because when she asked the officer that was present prior to his friday pickup if he could check and see if he had the correct safty seats for the children cause he wouldn't allow her near the van to check for herself his comment was, "I'm not authorized to say what is and isn't a leagle child safty seat", aka I don't want to be here nor deal with this.  Take care all and again thanks.
 
lostsoul16270

 

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