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International Parental Child Abduction > Abductions > Legal Information for Parents > 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).
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.
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