How to Prevent or Report International Parental Child Abduction From the U.S.

If an international child abduction may happen now, act immediately

If you believe a parent, guardian or someone acting for them may take your child out of the United States very soon, the U.S. Department of State says to act immediately. You do not need to complete the available actions in a particular order.

Contact the Office of Children's Issues Prevention Team at 1-888-407-4747 from the United States or Canada or +1-202-501-4444 from abroad. Prevention questions can also be sent to PreventAbduction1@state.gov.

If departure appears imminent, also call local law enforcement and, when relevant, airport police. Give officers any custody orders, protective orders or travel-restriction orders and all travel information you know.

What information should you have ready?

The State Department specifically asks parents facing an imminent abduction to have:

• current court orders;
• the child's full name and date of birth; and
• known flight or travel details.

It is also useful to provide current photographs, passport information, details of possible foreign citizenship, the suspected destination and contact information for the other parent or possible abductor when available.

Report a missing or at-risk child to law enforcement

If the child is missing or you believe an abduction may happen soon, the State Department instructs parents to contact local police immediately.

If the child is missing, file a missing-person report and ask that the child's name be entered into the National Crime Information Center, or NCIC. The State Department states that an NCIC entry can be requested even when you believe the child is already outside the United States.

Give law enforcement copies of relevant:

• custody orders;
• protective or restraining orders;
• orders prohibiting foreign travel; and
• documents identifying the child and applicable travel restrictions.

Entering a child in NCIC does not automatically start criminal proceedings against the other parent. State and federal criminal procedures are separate from civil return proceedings.

Consider an emergency court order restricting travel

The State Department recommends consulting an attorney about a court order when a child is at risk of international abduction.

A clear prevention order may, depending on state law and the facts, prohibit international travel, require court approval before a child leaves the country, restrict visitation, require supervised visitation or require a court or neutral third party to hold the child's U.S. or foreign passport.

This is particularly important because the United States does not have routine exit controls requiring both parents' consent before a child leaves the country. Without a specific enforceable restriction, law enforcement or airline personnel may not have authority to prevent departure.

Use CPIAP to monitor U.S. passport applications

The Children's Passport Issuance Alert Program, or CPIAP, is a free State Department prevention service.

When an enrolled child's U.S. passport application is received, the Office of Children's Issues can contact the enrolling parent or guardian and check whether federal parental-consent requirements have been met.

CPIAP can also tell an enrolling parent or guardian whether a U.S. passport already exists for the child.

Who can be enrolled in CPIAP?

Only a U.S. citizen under age 18 is eligible for CPIAP enrollment. The child is automatically removed from the program upon reaching age 18.

A request for enrollment can come from a parent or legal guardian, law enforcement, a court, Child Protective Services or someone legally acting for a parent, such as an attorney or family member.

What documents are required for CPIAP?

Complete Form DS-3077, one form for each child.

The State Department also requires:

• proof of your identity, such as a driver's license, U.S. passport or another government-issued identification document containing a photograph and signature; and
• proof of your legal relationship to the child.

Relationship evidence can include a birth certificate, custody or guardianship court order, adoption decree, affidavit of paternity or comparable legal document.

How do you submit Form DS-3077?

The State Department accepts CPIAP enrollment documents by email or mail and identifies email as the faster route.

Send email submissions to PreventAbduction1@state.gov. Mail submissions go to the U.S. Department of State, Office of Children's Issues - CPIAP, CA/OCS/CI SA-17, 9th Floor, Washington, DC 20522-1709.

Keep your contact information and legal documents current after enrollment. Send new custody orders, protective orders and other relevant records to the Office of Children's Issues promptly.

What CPIAP cannot do

CPIAP is useful, but it is not a travel ban.

The State Department warns that CPIAP:

• cannot prevent a foreign country from issuing its passport to the child;
• cannot physically prevent international travel merely because the child is enrolled;
• cannot guarantee that issuance of a U.S. passport will be stopped; and
• does not track the use of an existing U.S. passport.

A child can also receive a U.S. passport despite CPIAP enrollment when federal law allows issuance without consent of the objecting parent, such as when another parent has a qualifying sole-custody order or court authorization for international travel.

CPIAP does not cancel an existing passport

You can enroll a child in CPIAP even if the child already has a passport, but enrollment does not invalidate the existing passport or prevent its use.

The State Department also explains that withdrawing consent after a passport has already been issued does not by itself shorten or cancel that passport's validity.

A state court can, where legally appropriate, order a parent or guardian to surrender a child's passport and may hold it to reduce abduction risk.

A foreign passport requires separate action

If your child has another nationality, or may qualify for one through a parent, the child may be able to receive a foreign passport.

The State Department cannot stop another country from issuing its own passport. If this is a concern, contact that country's embassy or consulate in the United States and ask about its rules for issuing passports to minors and whether it can record an objection or notify you about an application.

Foreign governments are not necessarily required to recognize a U.S. custody or travel-restriction order, so obtain country-specific legal advice when foreign nationality is involved.

When CBP's Prevent Abduction Program may apply

U.S. Customs and Border Protection operates a Prevent Abduction Program in coordination with the State Department.

According to CBP, a qualifying case must include a valid, enforceable U.S. court order indicating that the child is prohibited from being removed from the United States.

The Office of Children's Issues submits potential cases to CBP. CBP can create travel alerts for the child and potential abductor, monitor Advance Passenger Information System data for commercial travel and coordinate with officers and local law enforcement if a matching departure attempt is detected.

The key requirement is the enforceable court order. CPIAP enrollment alone is not the same as CBP Prevent Abduction enrollment.

If your child has already been abducted abroad

Contact the Office of Children's Issues as soon as possible. The office is the U.S. Central Authority for the Hague Abduction Convention and handles international parental child abduction cases for the United States.

The State Department can:

• explain resources that may help you seek return of or access to the child;
• provide information about attorneys in the country where the child is located;
• answer questions about the Department's role;
• communicate with law-enforcement agencies; and
• submit and monitor an eligible Hague Convention application through the foreign administrative and legal process.

The State Department cannot represent you in court, give legal advice, guarantee return of the child, take custody of the child or pay your private legal and court expenses.

When can the Hague Convention apply?

The Hague Convention on the Civil Aspects of International Child Abduction creates a civil process for seeking return of a child wrongfully removed or retained across international borders. It is designed to determine the proper country for custody issues rather than decide final custody itself.

For an application submitted through the U.S. Central Authority after an abduction from the United States, key requirements include:

• the destination country must be a Hague Convention partner with the United States for the relevant case;
• the child must be under age 16;
• the applicant must have had custody rights and been exercising those rights, or would have exercised them but for the removal or retention;
• the applicant must not have consented to the wrongful removal or continued retention; and
• the child must have been habitually resident in the country to which return is sought.

Your nationality and the child's nationality or immigration status do not determine eligibility to submit an otherwise qualifying Convention application.

Do you need a custody order for a Hague application?

A custody order is not automatically required to file a Hague application.

Custody rights can come from a court order, an agreement or operation of the law of the child's habitual-residence jurisdiction. If no custody order existed, evidence may include the relevant state statute, case law or an affidavit explaining the applicable custody rights.

The legal issue is whether the applicant possessed and was exercising qualifying custody rights at the time of the wrongful removal or retention.

Do not delay a Hague return application

The State Department specifically warns against unnecessary delay.

If Convention proceedings begin more than one year after the wrongful removal or retention, return can become more difficult because the Convention permits consideration of whether the child has become settled in the new environment.

The one-year point is not a general application expiration date, but it can materially change the legal analysis. Contact a country officer and qualified attorney promptly.

How to prepare the Hague application

The State Department provides Form DS-3013 for Hague Convention return or access applications.

The application asks for detailed information about:

• the child;
• the applicant;
• the alleged taking parent;
• the date and circumstances of removal or retention;
• the child's habitual residence;
• the applicant's custody rights;
• related legal proceedings;
• the child's current or possible location; and
• arrangements for safe return if a court orders return.

Supporting evidence can include custody orders or other evidence of custody rights, an original or certified copy of the child's birth certificate, a marriage certificate or divorce decree when relevant, recent photographs and records supporting the child's ties to the habitual residence.

Some destination countries require translations. The assigned country officer can explain country-specific requirements.

Return and access are different Hague requests

The Hague Convention supports both return and access applications.

A return application asks for the child to be returned to the country of habitual residence after a wrongful removal or retention. An access application concerns visitation or contact rights when parent and child live in different Convention partner countries.

Choose the correct request on Form DS-3013 and discuss the case with your State Department country officer and attorney before filing.

International parental kidnapping can also involve criminal law

International parental child abduction can have both civil and criminal dimensions.

Federal law, including 18 U.S.C. section 1204, can apply when a person removes or attempts to remove a child from the United States, or retains a child outside the United States, with intent to obstruct another person's parental rights.

However, a missing-person or NCIC entry does not automatically create criminal charges. State criminal law may also apply. The State Department recommends consulting an attorney because criminal proceedings can affect efforts to obtain the child's return through foreign authorities or courts.

Common mistakes to avoid

• Waiting when travel appears imminent: contact law enforcement and the Office of Children's Issues immediately.
• Assuming CPIAP is a travel ban: it monitors U.S. passport issuance; it does not automatically prevent departure.
• Assuming CPIAP blocks foreign passports: foreign passport issuance is controlled by the foreign country.
• Relying on a vague custody order: prevention is stronger when an enforceable order clearly restricts international travel.
• Failing to request NCIC entry when the child is missing: the State Department recommends requesting it even if the child may already be abroad.
• Not updating CPIAP records: send new contact information, custody orders, protective orders and other important documents promptly.
• Waiting more than a year before starting Hague proceedings: delay may create an additional settled-child defense.
• Assuming a custody order is always required for Hague eligibility: custody rights may arise by law even without an existing order.
• Assuming the State Department can order a child's return: it assists and coordinates but cannot guarantee the result or substitute for a court.
• Ignoring destination-country rules: foreign passport, custody and Hague procedures can depend on that country's law and treaty relationship with the United States.

What happens after you contact the State Department?

The next steps depend on whether the case involves prevention, an abduction in progress or a child already overseas.

For prevention, the Office of Children's Issues may discuss CPIAP, court-order options and coordination with CBP or law enforcement. If an abduction is already underway, agencies can use the available legal and travel information to determine what intervention may still be possible.

If the child is overseas, a country officer can explain whether the Hague Convention is available, help with the application process and follow an accepted case through the foreign Central Authority and legal process.

Continue providing new information as it becomes available and keep copies of every report, order, application and communication related to the case.