Despite the adoption in forty-four states of the Uniform Child Custody Jurisdiction Act, kidnapping remains a widespread alternative for parents who seek custody of their children. The author discusses how the willingness of courts to entertain the custody petition of a parent who has kidnapped his child has provided incentive for child-snatching, and probes section 8 of the Act, which sets forth guidelines for courts to use in determining whether to hear such petitions. Selected cases are presented to illustrate a proper interpretation and application of section 8 in light of the Act's overall purpose. Finally, the author explains the role of the Parental Kidnapping Prevention Act of 1980, which represents limited federal intervention in the child custody arena.
Rita M. Irani,
Parental Kidnapping: Can the Uniform Child Custody Jurisdiction Act and Federal Parental Kidnapping Prevention Act of 1980 Effectively Deter It?,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol20/iss1/8