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Pressing Criminal Charges

International parental child abduction is crime in every State and the District of Columbia under specified circumstances. International parental child abduction is also a federal crime under the International Parental Kidnapping Crime Act (IPKCA).

Your Decision to Use Criminal Charges

Deciding whether to pursue criminal charges against the taking parent can be a difficult choice. You should speak with your legal representative. Also, think about the criminal charges' impact on your other efforts to get your child back. The Office of Children’s Issues can provide info about U.S. laws that make parental abduction a crime. The Office of Children’s Issues also has information for parents that want to pursue a criminal warrant. The Office of Children’s Issues may have some observations about the potential consequences of pursuing a criminal warrant. These are based on knowledge of the laws and practices in the country to which your child has been abducted. The Office of Children’s Issues cannot, however, recommend a specific course of action or guarantee a specific outcome.

Depending on the circumstances, criminal charges filed against the taking parent can either help or hinder the successful return of your child. Therefore, it is important to weigh the pros and cons carefully and to obtain legal advice from an attorney before making the decision that you believe is best for your child. The purpose of a criminal warrant is to authorize law enforcement officials to apprehend and present the taking parent for prosecution. Your child is not subject to the warrant. Apprehending the taking parent does not necessarily mean your child will return. However, the taking parent may agree to return the child in exchange for leniency or dropped charges.

Criminal charges may also negatively impact a foreign court’s decision about whether to order or deny your child’s return under the Hague Abduction Convention. The Hague Abduction Convention is about children, not their taking parents. But, in practice, judges may be hesitant to order a return if the taking parent will be arrested if they go with the child back to the United States. If the judge in the Hague Abduction Convention case knows the taking parent faces arrest upon arrival, the judge may deny the return. Or, the judge may order the return only if the criminal charges are dropped. You may request to drop criminal charges against the taking parent. But, only the entity which issued the charges and/or a judge has the power to do this. They may not agree to your request.

You will need to consider your goals. You should think about the implications of criminal charges for you and your child. Knowing these factors may help you understand if criminal charges can help you and your child.

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Pros and Cons of Pressing Criminal Charges:

Pros

  • The process of filing criminal charges may help you locate your child. 
  • A criminal charge could result in an INTERPOL red notice and make foreign law enforcement more willing to help. 
  • If the taking parent is a U.S. citizen, a warrant could result in their U.S. passport being revoked. A revoked passport could limit international travel and hinder their ability to stay legally in a foreign country.
  • The public may see a taking parent's successful prosecution and deter others from abducting their children.

Cons

  • An outstanding criminal charge may deter a voluntary or negotiated return if a taking parent believes they may be arrested when they return to the United States.
  • Criminal charges may adversely affect Hague return proceedings. Some judges may refuse to order a child's return if there is a warrant for the taking parent's arrest.
  • Criminal charges may encourage a taking parent to go into hiding to avoid arrest. 
  • Arresting, prosecuting, and jailing the taking parent could affect the child.
  • The criminal justice system may want to arrest a taking parent. This may conflict with your wishes. And once started, prosecutors decide how to proceed in a criminal case. How these proceedings develop may be out of your hands.
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Begin by Contacting Law Enforcement

When your child is missing you should immediately report the abduction to law enforcement officials. The police should respond right away. They should enter your child into the National Crime Information Center (NCIC) Missing Person Database. The initial response from law enforcement could determine if a child is quickly and safely recovered. 

Entering your child into NCIC does not automatically start criminal proceedings against the taking parent. It is best to consult with an attorney before you decide to pursue criminal charges. Depending on state laws, law enforcement may require a custody order. You may need it before seeking criminal warrants.

HELPFUL HINT: We recommend that you keep a record of all your correspondence with all parties you interact with, including law enforcement. Also, note the names of the people you speak to. Write down the dates and times of

  • Your Local Police: Most international abductions are first reported to your local police. Your local police (with the local prosecutor) may seek a warrant. It would likely be based on your state’s criminal parental kidnapping laws. You may also want to meet with your local prosecutor. This is to understand law enforcement’s views on moving forward and to advocate for your case.
  • The Federal Bureau of Investigation (FBI): You may also report your case directly to the FBI at the field office closest to your home. If possible, you should also consider meeting with the Assistant U.S. Attorney. You can discuss the option to pursue federal criminal charges against the taking parent. The FBI may decide to treat the abduction as a felony under the International Parental Kidnapping Crime Act. Visit their website for more information.
  • A HELPFUL HINT: Many law enforcement professionals have little experience with parental child abduction cases. This is especially true for international cases. The Office of Children’s Issues can provide resources. They can also talk to law enforcement about the federal laws that allow them to help you.
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Criminal Warrants

  • Coordinated Effort: Successful resolution of international parental child abduction cases through use of criminal charges requires a coordinated effort among federal, state, and local law enforcement authorities. In some cases, U.S. law enforcement will also enlist the help of INTERPOL and foreign law enforcement authorities to carry out an investigation.
  • Foreign Police, Customs, and Laws: Be aware that parental abduction is not a crime in some countries. This can hinder efforts to prosecute a taking parent. Other factors may also obstruct the process. These factors can include local customs related to religion, gender, nationality, and the state’s involvement in family matters.
  • Foreign Criminal Charges: Consult an attorney in the foreign country. In some countries, you may be able to pursue criminal charges against the taking parent. You can do this through the authorities of the country where the child is found. In many countries, citizens can be prosecuted for crimes done abroad if the act is also a crime there. But parental abduction is sometimes not a crime outside the United States.
Last Updated: June 17, 2024

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