Child abduction occurs at all levels — in your local community, across state lines, and internationally. As soon as an abduction crosses state or national boundaries, it becomes federal child abduction.
Much of the time, child abduction is a result of one parent taking the child away from the other parent. This occurs most often when parents’ relationships with each other are fraught with fear or violence. Other abductions are a result of a stranger’s interference.
In both cases, federal child abduction charges may be brought. Here is what you need to know about federal child abduction charges in Tulsa, Oklahoma.
Federal Child Abduction Laws
Federal law prohibits the removal or attempted removal of a child from the United States or the retaining of such a child outside the United States with the intent to obstruct a parent’s lawful rights. 18 US Code § 1204
For purposes of this statute, a child is defined as a minor under the age of 16. Parental rights pertain to the right of physical custody of the child — whether joint or sole or visiting rights and whether obtained by operation of the law, a court order, or a legally binding agreement of the parties.
If convicted, an offender could face a fine in addition to up to three years in federal prison.
Statutory Defenses to Federal Child Abduction
The statute itself provides several defenses to consider.
For example, it is an affirmative defense that the defendant acted within the provisions of a valid court order granting legal custody or visitation rights to the defendant as long as the order was obtained pursuant to the Uniform Child Custody Jurisdiction Act or the Uniform Child Custody Jurisdiction and Enforcement Act. Courts uniformly issue orders in alignment with both of these acts. The order must be in effect at the time of the offense in order for the defense to be valid.
It is also a statutory defense to abduct a child if the defendant was fleeing an incidence or pattern of domestic violence.
Finally, it is a defense if the defendant had physical custody of the child in accordance with a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond the defendant’s control. The defendant must have notified or made reasonable attempts to notify the other parent or the child’s lawful custodian of such circumstances within 24 hours after the visitation period had expired and then returned the child as soon as possible.
This law does not detract from The Hague Convention on the Civil Aspects of International Parental Child Abduction. Congress has recognized that because the use of procedures under the Hague Convention has resulted in the return of so many children, that where applicable, the Hague Convention procedures should be the option of first choice for a parent who seeks the return of a removed child.
Federal child abduction charges should never be handled without the benefit of counsel. Help from a Tulsa federal criminal defense attorney is just a phone call away.
Free Consultation: Tulsa Federal Criminal Lawyers
Get the help you need. It’s time to retain a Tulsa criminal defense lawyer who is knowledgeable regarding federal law and procedure and who will look out for your legal interests. Contact a Tulsa criminal attorney at Tulsa Criminal Defense Law Firm today for a free, confidential consultation.
A Tulsa defense attorney can advise you on how the process works and offer answers to your specific questions. To begin your free consultation, call 918-256-3400 now.