For those parents who find themselves in a custody case over their children, laws are put into place to protect both the children and the parent who is awarded custody. If one parent loses a custody battle, this could bring abduction attempts from the other parent if they feel they have been treated unfairly, or do not agree that the other parent is the best choice for the child.
The Parental Kidnapping Prevention Act was put into place alongside the Uniform Child Custody Jurisdiction Act. Before this Act was passed, many parents who were not awarded custody kidnapped their children and ran to another state in order to seek a new court ruling in their favor. Due to the “Full Faith and Credit “Clause that each court in all 50 states must adhere to, judges and courts are not able to change any of the rulings made in the home state where the case was first determined, and usually where the child resides at present.
How long is is this Ruling Protected by the Parental Kidnapping Prevention Act?
As long as the custodial parent and child live in the home state where the custody was granted, the protection will remain in place. If the jurisdiction is changed by a move to another city or state, modifications need to be brought to the court so proper protection can still remain in place.
Which Law Holds the Most Precedence over Others?
The federal Parental Kidnapping Prevention Act takes precedence over any other state rulings in the event of conficts that may arise. If enforcement of this Act needs to be conducted, there are several methods that may be used.
Visitation or custody determination can be enforced by the home state court using the following methods:
- Contempt-no disruption, insults or disobedience of any kind is allowed in the courts.Contempt charges can include a fine or jail time.
- Habeas corpus-this is a special request that is issued to bring someone to court
- Petition on Motion- this is a request for the court to do something
- An injunction-this is a special petition that is filed to order the end to a specific action or practice that could cause harm to others if continued. Failure to heed to an injunction could result in large substantial fines, community service, or jail time.
- Civil Action- this is a lawsuit that is filed in court.
Talk to an Attorney
If you are a parent who is concerned about your upcoming child custody case or looking for more clarification on how the Parental Kidnapping Prevention Act will be able to work for you once you are awarded custody, you are advised to speak to a child custody lawyer so you will be properly prepared for your next course of action.
