Parental Kidnapping

If you believe the other parent may take your children out of the country without permission and refuse to return them, you can ask a judge to help prevent what Arkansas law calls “international child abduction.”¹

If a judge believes the other parent may commit international child abduction, s/he may:

• give custody to the parent who does not present a risk of international abduction;
• change a custody order to reduce the risk by, for example, making it extremely specific so it’s more easily enforceable;
• order that supervision with the other parent be supervised;
• order the other parent:
  • to not pick up the children from school or come near the children, except for during allowed visitation times;
  • to not take the children out of the US, to surrender the children’s passports, and to not get a new passport or travel visa for the children; or
  • pay a bond of enough money to cover getting the children back if they are kidnapped;
• order that the Department of State be notified of travel restrictions on the children; and
• give law enforcement officers the authority to prevent abduction.²

In deciding whether or not there is a risk of international child abduction, a judge will look at all relevant factors, including whether the other parent:

• has already committed, threatened to commit, or tried to commit international child abduction;
• does not have a strong financial reason to stay in the US;
• is taking steps to leave the country, such as quitting his/her job or making travel arrangements;
• has a history of domestic violence, child abuse, marital instability, or not cooperating with you;
• has a criminal history or a history of violating court orders; and
• has connections outside the US or lacks significant connections in the US.³

¹ See Ark. Code § 9-13-402(6)
² Ark. Code § 9-13-406
³ Ark. Code § 9-13-405