PREVENT INTERNATIONAL PARENTAL CHILD ABDUCTION

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Join PIPCA in supporting laws for the Prevention of International Parental Child Abduction in every State

Prevent International Parental Child Abduction (PIPCA) was formed by Teresa Lauderdale, Cathy Brown, and Nina Lauderdale to help protect children from international parental child abduction, and to increase awareness of the tragedy of international abduction and of preventive measures that can be ordered by a Court when a child is at risk of abduction. PIPCA can assist in arranging training, expert testimony, and general advice on this issue.

For more information on PIPCA, see tabs at the top of this page.

Laws Enacted to Prevent International Parental Child Abduction

TEXAS:

In 2003, Texas enacted landmark legislation, Prevention of International Parental Child Abduction, which was to Chapter 153 of the Texas Family Code (as Subsections 153.501-153.503).  The act, HB1899, was introduced in the Texas Legislature at the request of Cathy Brown and Teresa Lauderdale.  It passed both chambers unanimously, and was signed into law by the Governor, effective immediately.

"This legislation will give our courts the tools they need to prevent children from being abducted into foreign countries where they are out of the reach of our laws.  No child should be forcibly separated from their mother or father, and the courts must step in to protect that child whenever there is a flight risk, especially into nations that do not cooperate with our courts." Senator Nelson said.  "International child abduction is not only devastating to the child and parent, it creates an enormous financial burden both for the parent and for the government to recover and return the missing child."   Without the safeguards in HB 1899, a parent has no means to protect their child even if they know an abduction is about to take place or is in progress. There are a number of cases where parents pleaded for safeguards from Courts unsuccessfully; the children were then abducted, never to be heard from again.  HB 1899 will increase awareness in the Texas courts regarding the risks, obstacles to recovery, and safeguards needed to protect at-risk children.  We encourage all other States to pass similar legislation.  See TX Family Code under CHAPTER 153. CONSERVATORSHIP, POSSESSION, AND ACCESS:
  • SECTION 153.501. NECESSITY OF MEASURES TO PREVENT INTERNATIONAL PARENTAL CHILD ABDUCTION
  • SECTION 153.502. ABDUCTION RISK FACTORS
  • SECTION 153.503. ABDUCTION PREVENTION MEASURES

CALIFORNIA:

See CA Family Code, Section 3048.  Also see Child Abduction Prevention Order Attachment.

OTHER STATES:

Commissioners from Texas then took the code to the National Conference of Commissioners on Uniform State Laws , who then developed a Model Child Abduction Prevention Act which all states are encouraged to pass.  Teresa Lauderdale participated as an official Observer throughout the process.  For a copy of the model act, and an update on States that have passed this legislation, see www.ncussl.org --> Final Acts --> Child Abduction Prevention.

All States are encouraged to pass this model act, or a law similar to it.  Some states have modified the language somewhat to further protect victims of domestic violence.  For more information on this, please feel free to contact us.

 NATIONAL:

**********Important Prevention Tool Involving Non-U.S. Citizens**********

The Prevent Departure program started sometime after 2003 and has been gaining more and more utilization over time.  The Department of Homeland Security/Customs and Border Protection oversees this program and it is monitored 24-hrs a day.  Information below details the Prevent Departure program.  If parents want to learn more, they can contact the Prevention Unit at the U.S. Department of State.  See their website: www.travel.state.gov/childabduction for more information about preventing international parental child abduction.

Prevent Departure
 
The purpose of the prevent departure program is to ensure that no alien shall depart, or attempt to depart, from the United States if his departure would be prejudicial to the interests of the United States.  Authority to prevent departure from the U.S. of persons whose departure would be prejudicial to the national interests is contained in 8 USC 1185(a) and 8 CFR 215.3.  The specific reasons for prevention of departure and the rules for the conduct of proceedings are detailed in those sections and in 22 CFR 46. 
The objective of the Prevent Departure Program is to provide an immediate capability to intercept known or suspected terrorists, criminals and other wanted individuals through an effective method for disseminating prevent departure information to the transportation industry.  This roster has included cases of potential international kidnappings by non-custodial parents as well.  The immediate goal is to effectively and efficiently provide all air, land and maritime conveyances a single point of contact at Customs and Border Protection (CBP) and provide a single, comprehensive prevent departure lookout database of prevent departure subjects for whom the United States suspects of imminent or immediate departure to foreign countries. 
 
Requirements of the program:
  1. Subject may NOT be a US citizen. 
  2. The nomination must include a law enforcement agency contact with 24/7 coverage. 
  3. There must be a court order showing which parent has been awarded custody or shows that the subject is restrained from removing his/her minor child from certain counties, the state or the U.S.
  4. The Subject must be in the US and
  5. There must be some likelihood that the Subject will attempt to depart in the immediate future.

Nina Lauderdale, Cathy Brown, Larry Whyte, Senator Jane Nelson, Greg Allen, Teresa Lauderdale, Michael Rives
Austin, Texas, May 2003
78th Texas Legislature, House Bill 1899

GENERAL DISCLAIMER

This website is purely a public resource of general information and is not intended to be a source of legal advice. Do not rely on information at this site or others in place of the advice of competent counsel. This website is not sponsored or associated with any particular linked entity unless specifically stated. The existence of any particular link is simply intended to imply potential interest to the reader; inclusion of a link should not be construed as an endorsement. PIPCA is not responsible for the content of external sites.

Videos on international child abduction:

 Congressional testimony - 

 "Americans Trapped in Saudi Arabia"  

Adult survivors of abduction -

"Take Root; Family Abduction: How Bad Can It Be?"

 

 

 

 

 

Contact Information

Links to Other Sites

 

Prevent International Parental Child Abduction

www.pipca.org