Parental Child Abduction
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Parental Child Abduction
Parental child abduction is the hiding, taking, or keeping hold of a child by their parent while defying the rights of the child's other parent or another member of the family. This type of abduction occurs when the parents separate or begin divorce proceedings. One parent may take or retain the child from the other to gain an advantage in the pending child-custody proceedings. Another instance would be when a parent refuses to return the child at the end of an ''access visit'' or flee with the child to prevent an access visit or fear of domestic violence and abuse. It can also occur when a child has been, is about to be, or parent(s) fear that they will be, taken into the care of competent authorities, usually due to child endangerment proceedings. Definitions and legal considerations Depending on the laws of the state or country in which parental abduction occurs, this may or may not constitute a criminal offense. For example, removing a child from the UK for a period of 2 ...
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Divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. Divorce is different from annulment, which declares the marriage null and void, with legal separation or ''de jure'' separation (a legal process by which a married couple may formalize a ''de facto'' se ...
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Child Custody
Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the right to make decisions about the child, and ''physical custody'', which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in proceedings involving divorce, annulment, separation, adoption or parental death. In most jurisdictions child custody is determined in accordance with the best interests of the child standard. Following ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as parental responsibility, "residence" and "contact" (also known as "visitation", "conservatorship" or "parenting time" in the United States) have superseded the concepts of " ...
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Contact (law)
In family law, contact, visitation and access are synonym terms that denotes the time that a child spends with the noncustodial parent, according to an agreed or court specified parenting schedule.Cambridge DictionaryVisitation/ref> The visitation term is not used in a shared parenting arrangement where the mother and father have joint physical custody.Jennifer Wolf, Types of custody and visitation, Very Well Family, January 27, 2019. Unsupervised visitation is the most common type, when the parent may take the child to his or her home or enjoy any outing with the child. In supervised visitation, another adult must be present, and there is sometimes a court order to occur at a predetermined supervised child contact centre. Virtual visitation uses video-conferencing technology to allow contact when a child lives far away from the parent. Concept In most jurisdictions the nature of a couple's relationship is established when a child is born to that relationship. In law, there ma ...
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Domestic Violence
Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for ''intimate partner violence'', which is committed by one of the people in an intimate relationship against the other person, and can take place in relationships or between former spouses or partners. In its broadest sense, domestic violence also involves violence against children, parents, or the elderly. It can assume multiple forms, including physical, verbal, emotional, economic, religious, reproductive, or sexual abuse. It can range from subtle, coercive forms to marital rape and other violent physical abuse, such as choking, beating, female genital mutilation, and acid throwing that may result in disfigurement or death, and includes the use of technology to harass, control, monitor, stalk or hack. Domestic murder includes stoning, bride burning, ho ...
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United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ...
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Crime
In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a Category of being, category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is de ...
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National Conference Of Commissioners On Uniform State Laws
The Uniform Law Commission (ULC), also called the National Conference of Commissioners on Uniform State Laws, is a non-profit, American unincorporated association. Established in 1892, the ULC aims to provide U.S. states (plus the District of Columbia, Puerto Rico, and the U.S. Virgin Islands) with well-researched and drafted model acts to bring clarity and stability to critical areas of statutory law across jurisdictions. The ULC promotes enactment of uniform acts in areas of state law where uniformity is desirable and practical. The ULC headquarters are in Chicago, Illinois. The ULC consists of approximately 350 commissioners appointed by each U.S. state, the District of Columbia, Puerto Rico and the U.S. Virgin Islands. All of its members are lawyers, who may also serve as legislators, judges, or legal scholars. Each is appointed to the Commission by the government of their respective state or territory. Every ULC commissioner must be an attorney. Each jurisdiction determin ...
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Uniform Child Abduction Prevention Act
The Uniform Child Abduction Prevention Act ("UCAPA") is a Uniform Act drafted by the National Conference of Commissioners on Uniform State Laws (NCCUSL) and submitted for enactment by jurisdictions within the United States in 2006. This uniform law originated by the parents of internationally abducted children, and parents fearing their children would be abducted. The act provides States with a valuable tool for deterring both domestic and international child abductions by parents and any persons acting on behalf of the parents. Recognizing that most States have already developed substantial bodies of law regarding child custody determinations and enforcement, including specifically the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the NCCUSL drafted UCAPA to be compatible with and to augment existing state law. Under UCAPA, an action for abduction prevention measures may be brought either by a court on its own motion, by a party to a child-custody determination ...
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Hague Convention On The Civil Aspects Of International Child Abduction
The Hague Convention on the Civil Aspects of International Child Abduction or Hague Abduction Convention is a multilateralism, multilateral treaty that provides an expeditious method to return a child international child abduction, internationally abducted by a parent from one member country to another. The convention was drafted to ensure the prompt return of children who have been abducted from their country of habitual residence or wrongfully retained in a contracting state not their country of habitual residence. The convention was developed by the Hague Conference on Private International Law (HCCH). The convention was concluded 25 October 1980 and entered into force between the signatories on 1 December 1983. The primary intention of the convention is to preserve whatever status quo child custody arrangement existed immediately before an alleged wrongful removal or retention thereby deterring a parent from crossing international boundaries in search of a more sympathetic ...
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Kidnapping In The United States
Kidnapping is a crime in the United States. Throughout its history, a number of incidents have taken place. Prevalence Adults Kidnapping statistics for U.S. adults continue to remain elusive; the crime of kidnapping is not separately recorded by the Uniform Crime Report. In 2010, according to NCIC's Missing Person File, over 69,000 individuals were categorized as "person over the age of 21, not meeting the criteria for entry in any category who is missing and for whom there is a reasonable concern for his/her safety". The federal government estimated around 70,000 missing persons above the age of 18 cases in 2001. Children The vast majority of child abduction cases in the United States are parental kidnapping, where one parent hides, takes or holds a child without the knowledge or consent of another parent or guardian. Depending on the state and the legal status of the family members, this might not be a criminal offense. In 1976, parental kidnappings in the United States stood a ...
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Kidnapping In Canada
Kidnapping is a crime in Canada. Throughout its history, a number of incidents have taken place. Prevalence According to Canadian law enforcement agencies, about 50,492 missing children were reported to be missing in 2009.https://missingkids.ca/pdfs/MK_CanadianMissingChildrenStatistics_en.pdf From 2000-2001, of about 90 incidents reported, there were only two that were actually stranger abduction, and in all other cases, the reports were in error. However, parental child abduction Parental child abduction is the hiding, taking, or keeping hold of a child by their parent while defying the rights of the child's other parent or another member of the family. This type of abduction occurs when the parents separate or begin d ... seems to be bigger issue. 83 out of 100 kidnapped children are found to be victim of parental abduction. In 2009, there were 237 reported parental abductions. Law Canadian law regards following instances to be a crime. Every person commits an offence ...
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Child Abduction
Child abduction or child theft is the unauthorized removal of a Minor (law), minor (a child under the age of Age of majority, legal adulthood) from the Child custody, custody of the child's Parent, natural parents or Legal guardian, legally appointed guardians. The term ''child abduction'' includes two legal and social categories which differ by their perpetrating contexts: abduction by members of the child's family or abduction by strangers: * Parental child abduction is the unauthorized custody of a child by a family relative (usually one or both parents) without parental agreement and contrary to family law ruling, which may have removed the child from the care, access and contact of the other parent and family side. Occurring around parental Legal separation, separation or divorce, such parental or familial child abduction may include parental alienation, a form of child abuse seeking to disconnect a child from targeted parent and denigrated side of family. This is, by far, ...
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