Leslie Ellen Shear and Julia C. Shear Kushner have a lot to say on the matter of family abductions. Their research talks about what exactly is family abduction and a lot of other things that go into the process and its statistics. They also talk about the different types of laws and how they pertain to the matter. There are many factors that go into the requirements for a “family abduction”. It is defined as, “The taking or keeping of children in violation of the other parent’s rights of custody”. The Uniformed Child Abduction Prevention Act says that abduction means, “The wrongful removal or wrongful retention of a child” (Shear & Kushner, 2013, p. 253). The main focus of this paper is on the subject of family abductions. A lot of family
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The definition is broad enough to encompass not only an abduction committed by either parent or a person acting on behalf of the parent but also other abductions. Generally both parents have the right to companionship and access to their child unless a court states otherwise. Abductions can occur against an individual or other entity with custody rights, as well as against an individual with visitation or access rights. A parent with joint legal or physical custody rights, by operation of law, court order, or legally binding agreement, commits an abduction by wrongfully interfering with the other parent’s rights. A removal or retention of a child can be “wrongful” pre-decree or post-decree. An abduction is wrongful where it is in breach of an existing “child-custody determination” or, if pre-decree, in violation of rights attributed to a person by operation of law. The term “breaches rights of custody” tracks Article 3 of the Hague Convention on the Civil Aspects of International Child Abduction (Uniform Law Commission, 2006).2” (Shear & Kushner, 2013, p. …show more content…
There are about 22 percent of families that have at least one foreign-born parent and about 13 percent of all Americans in the US were born in another country. Along with these statistics, there are a lot of parents that are also from out of the US that the child winds up being taken to the US which is also difficult for the courts to help the child because some parents cannot travel to the US to try and get their children back from the parent that took them there. The children that are from out of state may also have trouble getting back to their parent in their home country because they may not be able to communicate their problems and the parents might not be able to get the help that they need from their home country (Shear & Kushner, 2013, p.
The definition is broad enough to encompass not only an abduction committed by either parent or a person acting on behalf of the parent but also other abductions. Generally both parents have the right to companionship and access to their child unless a court states otherwise. Abductions can occur against an individual or other entity with custody rights, as well as against an individual with visitation or access rights. A parent with joint legal or physical custody rights, by operation of law, court order, or legally binding agreement, commits an abduction by wrongfully interfering with the other parent’s rights. A removal or retention of a child can be “wrongful” pre-decree or post-decree. An abduction is wrongful where it is in breach of an existing “child-custody determination” or, if pre-decree, in violation of rights attributed to a person by operation of law. The term “breaches rights of custody” tracks Article 3 of the Hague Convention on the Civil Aspects of International Child Abduction (Uniform Law Commission, 2006).2” (Shear & Kushner, 2013, p. …show more content…
There are about 22 percent of families that have at least one foreign-born parent and about 13 percent of all Americans in the US were born in another country. Along with these statistics, there are a lot of parents that are also from out of the US that the child winds up being taken to the US which is also difficult for the courts to help the child because some parents cannot travel to the US to try and get their children back from the parent that took them there. The children that are from out of state may also have trouble getting back to their parent in their home country because they may not be able to communicate their problems and the parents might not be able to get the help that they need from their home country (Shear & Kushner, 2013, p.