CHILD ABDUCTION

Definition*

720 ILCS 5/10-5
Child Abduction occurs when one:

• Intentionally violates a court order granting visitation or custody to another by concealing, detaining, or removing a child.
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• Keeps the child away from the mother even where paternity has been established and no custody orders have been entered.
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• Conceals the child from a spouse or ex-spouse for 15 days without notifying the spouse of the location of the child and providing for reasonable visitation or contact – unless in a domestic violence program.

Other violations:

• Where parents are or have been married and no custody order exists and where one parent conceals, detains, or removes a child by force or threat.

Penalty

Possible penalties for Child Abduction include:

• Probation
• Imprisonment
• Conditional discharge
• Fine

Affirmative Defenses

720 ILCS 5/10-5

• The failure to return the child was due to circumstances beyond the defendant’s control and the whereabouts of the child and reasonable contact has been established.
• The defendant was fleeing domestic violence but the client MUST have proof of the domestic violence!

Procedure

Call the Police.

International Abduction

• File a local police report.
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• Have the police enter information with National Crime Information Center – Missing Person File.
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• Contact NCMEC, National Center for Missing and Exploited Children, (1-800-843-5678).  If one is seeking criminal charges, police can get help from INTERPOL, the international police brokering agency, which acts as a liaison with NCMEC and issues notices of the abductor.
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• Contact the US Department of State and request a copy of "International Parental Child Abduction."  In order for the US Department of State to conduct a Welfare and Whereabouts check in the country where the abductor is living, contact the Office of Citizens Consular Service (202-736-7000 and after hours 202-647-5225) or call the federal Parent Locator Service (202-401-9267).
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• If filing felony charges, have the prosecutor apply for a federal Unlawful Flight to Avoid Prosecution warrant (UFAP) and ask the Office of Passport Services of the US Department of State to revoke the abductor’s US passport.
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• Contact the INS Immigration and Naturalization Service in case the foreign abductor attempts to reenter the US.  Police should ensure that the abductor be entered into the INS "Look-Out Book."

*Attorney’s Desk Reference Manual
**Nothing contained herein is legal advice, nor should it be relied upon as such.  Legal advice is the application of general legal principles to the specific facts of a given situation – if you need legal advice, call one of our attorneys today.
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