International Parental
Kidnapping
Gordon Rea
www.gordonrealaw.com
THREE CONCURRENT PROCESSES
LOCAL
MOTIONS
Establish
Jurisdiction
State Law,
Federal Law,
and Treaty
HAGUE
CONVENTION
APPLICATION
Application
for Return
of children.
Citing Local
Motions
LETTERS
ROGATORY
Sovereign
to
Sovereign
Prevent
Collateral
Attack
Local Motions
In Missouri
• Initial Motion to Modify
• PDL Motion
– Declaring Jx of MO Court.
– Establishing right of
custody.
• Motion to Quash
Withholding Order
Letters
Rogatory
• Police/FBI reports.
• Default docket.
• Establish no defense
exists to the absconding.
Letters Rogatory Process
Letters
Rogatory
Central
Authority
U.S.A.
Central
Authority
Peru
Letters
Rogatory
Hague Convention on Civil Aspects of
International Child Abduction
Hague
Convention
Application
Central
Authority
U.S.A.
Central
Authority
Peru
Hague
Convention
Application
Letters
Rogatory
Local Motions
In Foreign Jx
• Service of Process
– Local police
– Local attorney
• Prevent Collateral Attack
• Work with Central
Authority
• Establish Child Support
and Demand Visitation
• Handle Hague
Convention Appeals
• Handle Appeals to US
Motions.
PEOPLE RESOURCES
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Local Attorney
Certified Translator
Local Attorney in Foreign Jurisdiction
Certified Letters Rogatory Agency
Local Police – here and in foreign Jx.
FBI
Foreign Process Server
Director of “Central Authority”
Getting the Police Involved
Parental Kidnapping;
§ 565.153 RSMo
Interference With Custody;
§ 565.150 RSMo
Parental kidnapping is committed in the
absence of a court order determining
rights of custody or visitation to a child,
when a person having a right of custody
of the child removes, takes, detains,
conceals, or entices away that child
within or without the state, without
good cause, and with the intent to
deprive the custody right of another
person or a public agency also having a
custody right to that child.
A person may be prosecuted under the
statute even though he subsequently
obtains a court order for custody or
visitation.
The crime of interference with custody is
committed if the defendant, knowing
he has no legal right to do so, takes or
entices from legal custody any person
entrusted by order of a court to the
custody of another person or an
institution.
This offense can be committed by refusing
to return a child at the conclusion of
court-authorized temporary custody or
visitation, as the statute's purpose is to
protect all court-ordered custody
against unlawful interference.
Interference with custody can be a lesser
included offense of child abduction.
Service of Process
• Learn what service is “best” in foreign Jx.
• Personal service with
– Pictures
– Police statement.
• Service required at least three times:
– Beginning
– Pre trial
– At conclusion of local motions.
Translation
• Translation is not simply trading languages.
• Must convey legal concepts in local legal
language.
Child Support
• Child support can be quashed in Missouri.
• Child support should be submitted in foreign
jurisdiction.
References
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Missouri’s Parental Kidnapping Statute (§ 565.153 R.S.Mo.)
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Federal Bureau of Investigation
http://www.moga.mo.gov/statutes/c500-599/5650000153.htm
http://www.fbi.gov/
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State Department - Regarding Child Abduction
http://travel.state.gov/family/abduction/abduction_580.html
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State Department Country Specific Information
http://travel.state.gov/travel/cis_pa_tw/cis/cis_1765.html
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American Bar Association Center on Children and the Law
http://www.abanet.org/child/abduction.shtml
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American Bar Association Center on Children and the Law
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Hague Conference on International Protection of Children, Family and Property Relations
http://www.abanet.org/child/abduction.shtml
http://www.hcch.net/index_en.php?act=text.display&tid=10#family
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National Criminal Justice Reference Service (USDOJ) Resources for Kidnapping
http://www.ncjrs.gov/App/Topics/Topic.aspx?Topicid=89
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The Hague Domestic Violence Project
http://www.haguedv.org/
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Places to look for reviews on current GPS technology :
ZD Net Magazine
http://www.zdnet.com/
•
GPS Magazine
www.gpsmagazine.com