Archive for Criminal Purposes

Family Law Lawyer Colorado Springs: Child Abduction

Child Abduction is the offense of wrongfully removing or wrongfully retaining, detaining or concealing a child or baby. Abduction is defined as taking away a person by persuasion, by fraud, or by open force or violence. There are two types of child abduction: parental child abduction and abduction by a stranger. Parental child abductions are the most common type states Family Law Lawyer Colorado Springs.  When one parent abducts his/her child(ren) from the other parent it is often during or after a divorce action and is meant to circumvent the court or act in defiance of a court order regarding legal custody of the child(ren). Parental child abductions may occur within the same city, within the same state, country, or internationally.

What is Child Abduction?

Child abduction is the abduction or kidnapping of a child (or baby) by an older person. Several distinct forms of child abduction exist: i) A stranger removes a child for criminal purposes: for child sexual abuse, torture, or murder, for extortion, to elicit a ransom from the child’s caretakers. ii) A stranger removes a child, usually a baby, with the intent to rear the child as their own. iii) A parent removes or retains a child from the other parent’s care says Family Law Lawyer Colorado Springs.

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Family Law Lawyer Colorado Springs: Child Abduction

What is Child Abduction Law?

Laws regarding parental abductions vary knows Family Law Lawyer Colorado Springs. In some states and countries this is a criminal offense, but not in all. In many U.S. states, if there is no formal custody order and the parents are not living together, the “abduction” of the child from the other parent is not considered a criminal offense. However, many states have made the abduction of a child across state lines by a parent a crime. Although these terms are often used interchangeably, abduction is generally distinguished from kidnapping, because kidnapping requires the use or the threat of force when taking and/or holding the kidnapping victim. Congress has enacted many civil and criminal laws to address abductions, kidnapping, interstate and international child custody and visitation disputes. The U.S. is also a party to a treaty aimed at resolving international child abduction cases. The National Conference of Commissioners on Uniform State Laws (NCCUSL) drafted the Uniform Child Abduction Prevention Act in an effort to bring state law uniformity to this issue. When a stranger abducts a child, it can be for different reasons: abuse; torture; murder; extortion; ransom; or to raise the child as his/her own. Stranger child abductions are the least common.

Child Passport

The U. S. State Department announced its new policy on the issuance of passports for children under age 14. The Department will no longer issue such passports simply on the application of one parent: either both parents must come in and apply, or there must be a written consent from the other parent to let the child go abroad. Actually, this is the effect of a statute that Congress passed back in 1999, and it was not until June 4, 2001 that the State Department got around to issuing its regulations changing the long-prevailing practice recognizes Family Law Lawyer Colorado Springs.

Family Law Lawyer Colorado Springs: Child Abduction