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International Family Abduction Prevention Tips
Clearly the easiest solution to the problem of international child abduction
is to prevent it from happening. NCMEC's Missing Children's Services'
International Team works to find
“best practices” for preventing abductions by providing creative and
practical advice.
The information below is from the Bureau of Consular Affairs.1
Dual Nationality
Children born to a foreign parent may have dual citizenship. In addition
to being a citizen of the United States, they may also have the citizenship
of the other parent. This may be true even if the foreign parent has become
a naturalized citizen of the United States. Foreign governments may therefore
provide their citizens with a passport, visa, and exit or entry permits
for themselves and/or the child.
To determine if your child has dual nationality, contact the nation’s
embassy or consulate. Provide them with a copy of a court order granting
you sole/joint custody or restricting the child from being removed from
the United States. While the embassy is not legally obligated to honor
your request, they may be persuaded by it.
To learn more about dual nationality, visit the web site of the Passport
Office at the Department of State at http://travel.state.gov/dualnationality.html.
The information below is from Parental Kidnapping: Prevention and
Remedies2 by Patricia M. Hoff.
Common “Red Flags”
According to the American Bar Association, the chances of an international
abduction may increase when a parent has
- previously abducted the child or threatened to do so
- no strong ties to the child’s home state
- friends or family living abroad
- no job, can earn a living almost anywhere, or is financially independent
- recently quit a job, sold a home or terminated a lease, closed a
bank account or liquidated other assets
- a history of marital instability or a lack of parental cooperation
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Consider Mediation
Seek assistance from a counseling or mediating source. Many parents
fearful of, or experiencing, an international parental abduction request
assistance from a missing children’s organization specializing in international
abduction. Keep lists of information about your former partner and his
or her friends and family, both in the U.S. and abroad. Keep a record
of passport numbers, immigration status, and visa work permit numbers.
A parent who feels his or her relationship to the child is threatened
may be likely to abduct. Further, in international cases, a foreign parent
may want the child raised within a certain culture or religion. As in
all cases where parental abduction is threatened, a custody mediator may
help to refocus the attention of the parents on what is best for the child
and assist in developing workable cross-cultural, child-rearing strategies.
Obtain a Custody Order
Obtaining a valid custody order or decree is essential to preventing the
abduction of your child. Seek the advice of a qualified attorney who can
assist you in gaining sole custody of your child. Avoid joint custody orders
in families with citizenship in more than one country. If the foreign parent
abducts the child to his or her home country, an order called “joint custody”
may be interpreted as authorizing the retention of the child in that country.
If joint custody is nevertheless awarded, make sure a “primary residential
custodian” is named and the order specifies where and with whom the child
is to live at what times. Contact your local or state bar association for
assistance in locating an attorney with experience in family custody law.
Specify in the custody order the exact times and locations for visitation.
Set up a legally enforceable visitation schedule for the other parent.
You may find it necessary to request the courts in the United States restrict
any visitation rights the noncustodial parent has until sufficient guarantees
have been given that the parent will not abduct the child. In the event
temporary suspension of visitation by the noncustodial parent is not appropriate,
request that the allowed visitation be supervised.
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Passport Restrictions
For children younger than 14, both parents must give permission for the
issuance of a passport. In addition federal law now requires that each
child younger than 14 must appear in person with the parents, and parents
must show acceptable identification and proof of parental relationship to
the child.
Remember, when a parent has dual citizenship the issuance of a U.S. passport
does not automatically prevent that parent from obtaining a foreign passport.
In addition foreign embassies are not required to honor a request or court
order restricting the issuance of a passport.
The U.S. Department of State can confirm whether or not a U.S.
passport has been issued to your child. If a passport has not been issued,
you or your attorney may request that your child's name be entered into
the U.S. Department of State's Passport Alert system. The U.S. Department
of State will then notify you if a passport application is received anywhere
in the United States, or U.S. Embassy or consulate in another country,
for your child. The U.S. Department of State may be able to refuse issuance
of a passport if you have a court order granting you sole custody or require
your signature for the child to travel.
U.S. Department of State
Office of Children's Issues
SA-29 Fourth Floor
2201 C Street NW
Washington, DC 20520-2818
Telephone 202-736-9124
Fax 202-736-9133
Your request should include your child's full name, date of birth,
and place of birth; a copy of any court orders relating to the custody
or travel restrictions of the child; and the address and telephone number(s)
where you can be reached.
For information about passport requirements for children younger than
14 visit http://www.travel.state.gov/passport/get/minors/minors_834.html.
For information about the Passport Issuance Alert Program visit
http://travel.state.gov/family/abduction/resources/resources_554.html.
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Actions to Take Once an Abduction Has Occurred
Keep a Complete Description of Your Children
This description must include color of hair, color of eyes, height, weight,
and date of birth. In addition the description should contain any “identifying”
information such as use of eyeglasses or contact lenses, braces on teeth,
pierced ears, and other unique physical attributes. The complete description
must be written down.
Arrange With Your Local Law-Enforcement Agency to Have
Your Children Fingerprinted
In order for fingerprints to be useful in identifying a person, they must
be properly taken. Your local law-enforcement agency has trained personnel
to help ensure the fingerprints taken will be useful. The law-enforcement
agency will give you the fingerprint card and not keep a record of your
children’s fingerprints.
Flag Physician’s Records
Instruct the doctor’s office not to release any records about your child
to any unauthorized sources.
Immediately Involve Local Law Enforcement
If the potential abductor has threatened you, your child, or your family
in any way, do not hesitate to notify your local law-enforcement agency.
Inform them of your concerns and the name and description of the noncustodial
parent. You may also use the threat of an abduction as the basis for a protection
order.
Keep a Journal
Record a chronology of events as they happen. This will help you remember
the events exactly as they occurred.
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Actions to Take "Just in Case" Your Child
May Be Abducted
Notify Schools, Daycare, and Babysitters
A certified copy of the custody decree should be on file at your child’s
school and given to teachers, daycare personnel, and babysitters. Inform
them of the risk of abduction by the noncustodial parent. Instruct them
not to allow your child to leave the grounds with anyone besides you. If
possible, give them a photograph of the potential abductor. Also inform
the school administrative offices not to release your child’s records to
any unauthorized sources.
Take a Photograph of Your Child Every Month
Have a photograph taken similar to that in a passport or school picture.
Teach Your Child How to Use the Telephone
Your children should know their full name and how to use the telephone to
call home. Make sure your children know their home telephone number and
area code. Practice calling the operator and making collect calls. Teach
your children they should always call home if they feel threatened, scared,
or are in an unusual situation.
Empower Your Children
Help your children help themselves. Be as honest as you can about the potential
abduction. Custodial parents should inform their children to never go on
a trip without them. Let your children know they should ask law enforcement
for help if they are in an airport or traveling without your permission.
When instructing your children about how to use the telephone, make sure
they know how to make long-distance and international calls. Teach them
to dial “0” for an operator or “911” in an emergency.
For more information about how to prevent an international child abduction,
contact NCMEC’s Missing Children's Division International Team
at 1-800-THE-LOST (1-800-843-5678).
1Bureau of Consular
Affairs. International Parental Child Abductions. Washington,
DC: U.S. Department of State, July 1997.
2Patricia M. Hoff. Parental Kidnapping: Prevention and Remedies.
Washington, DC: American Bar Association and Office of Juvenile Justice
and Delinquency Prevention, Office of Justice Programs, U.S. Department
of Justice, 1997.
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