Child abduction by parents
Child abduction by parents, often referred to as parental abduction, is a significant issue that typically arises in the context of custody disputes, especially during or after divorce proceedings. Unlike the sensationalized cases of stranger abduction, parental abduction involves a parent or family member unlawfully taking and concealing a child, often in violation of custody orders, with the intent to deprive the custodial parent of access to the child. This phenomenon gained prominence in the mid-1980s, coinciding with rising divorce rates in the United States.
Statistics on parental abduction are scarce due to varying definitions across states and the underreporting of such incidents. Many custodial parents refrain from reporting abductions for several reasons, including believing the situation has been resolved, knowing the child's whereabouts, or fearing police involvement could lead to harm. The majority of abducted children are typically six years old or younger, with incidents often occurring during school breaks when they are visiting their noncustodial parents.
The typical abductor tends to be a current partner of the custodial parent, motivated by concerns over custody or allegations of abuse, and these abductions can last less than a week. This complex situation not only impacts the families involved but also places a strain on law enforcement resources, highlighting the need for clear definitions and improved intervention strategies. Additionally, when abduction occurs across international borders, it can invoke international legal frameworks like the Hague Convention on the Civil Aspects of International Parental Child Abduction, complicating the resolution process further.
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Child abduction by parents
SIGNIFICANCE: Heightened awareness of the problem of parental abduction of children helps to elicit intervention strategies that may lead to better allocation of law-enforcement resources.
The terms kidnapping and abduction have caused Americans to envision the most heinous of crimes against innocent children. However, the most prevalent forms of child abduction are not the abductions by strangers that are sensationalized in the media but abductions committed by parents or family members. This latter type of abduction became a source of concern during the mid-1980’s, at a time when there was a marked increase in the national divorce rate. There is a scarcity of reliable statistical data on parental abduction, partly because definitions of the crime vary from state to state. However, parental abduction is most often defined as the taking and concealment of children in violation of custody orders, with the intent of depriving access to the children by the custodial parents. Because this definition is broad and leaves room for interpretation, a more comprehensive delineation is essential to gain consistency and improve accuracy in reporting mechanisms.
Another factor influencing the disparities in prevalence rates is that parental abduction is one of the most underreported crimes. Custodial parents often cite a variety of justifications for not reporting abductions. Among these justifications are claims that the situations have been resolved by the parents or their lawyers, claims that the parents have known their children’s whereabouts all the time and have been confident that their children would not be harmed, fears that harm would come to their children if police were contacted, and lack of confidence that police would intervene.
A large percentage of all parental abductions are of children six years old or younger who are abducted during the periods of separation prior to their parents’ divorces. The most typical abductors are current husbands or boyfriends in their thirties, who tend to keep the abducted children less than one week. These men usually either fear losing custody of their children prior to divorce decrees, fear that their children are being abused, or wish to use their children as mechanisms of retaliation against their former partners. Abduction incidents occur most commonly during school vacation periods, when the children of divorced parents are visiting their noncustodial parents. According to the National Center for Missing and Exploited Children, 4.5 percent of the more than 27,600 cases of missing children reported in 2022 were family abductions.
Another burgeoning problem is the burden placed upon law enforcement and the subsequent depletion of valuable resources necessary to solve abduction cases. What some parents may consider abduction, others may consider their right to have their own children. The situation is further complicated when a child's parents separate while the family is living abroad and one parent believes they have the right to bring the child back to the home country, which then involves multiple court systems and falls under the 1980 Hague Convention on the Civil Aspects of International Parental Child Abduction.
Bibliography
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Gunia, M., and J. Vankirk. No Place That Far: A Story of Parental Abduction. Philadelphia: Xlibris Corporation, 2001.
Hill, Amelia. "The Mothers Fighting to Get Their Children Back Home Again." Guardian. Guardian News and Media, 16 May 2015, www.theguardian.com/lifeandstyle/2015/may/16/the-mothers-fighting-to-get-their-children-back-home-again. Accessed 24 June 2024.
Hutchinson, Anne-Marie, and Henry Setright. International Parental Child Abduction. 2d ed. Bristol, England: Family Law, 2003.
"International Parental Child Abduction." United States Department of State, travel.state.gov/content/travel/en/International-Parental-Child-Abduction.html. Accessed 24 June 2024.
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