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U.S.

Department of Justice
Office of Justice Programs
Office of Juvenile Justice and Delinquency Prevention

March 2001

Early Identification of Risk


A Message From OJJDP
Factors for Parental While State custody laws vary, the
laws of every State establish that
Abduction abducting one’s own child is a crime.
OJJDP has funded four research
projects on preventing family abduc-
Janet R. Johnston, Inger Sagatun-Edwards, tions: a documentary study, a cri-
Martha-Elin Blomquist, and Linda K. Girdner minal sanctions study, an interview
study, and an intervention study. The
“You’ll never see your child again!” When ◆ What type of parent abducts his or design and findings of these research
are these words an idle threat spoken in her child? projects are described in this Bulletin.
anger and frustration and when are they ◆ What role does family violence play in The findings provide information
a warning that a parent intends to abduct increasing the likelihood of abduction? regarding the risk factors associated
his or her child, depriving the child and
◆ How can one identify which child is at with parental kidnaping and strate-
the other parent of future contact?
risk of being abducted by a parent or gies that can be used to intervene
Although custody laws vary from State to other family members? with families at greatest risk. They
State, abducting one’s own child is a address such critical factors as the
◆ What can be done to prevent family characteristics of parents who abduct
crime in every State. If a parent or other
abductions and protect the child? their own children, the role family
family member takes, hides, or keeps a
child away from a parent with custody or This Bulletin describes the multiple dis- violence plays in increasing the like-
visitation rights, then he or she may have crete research projects that made up the lihood of parental abduction, ways of
committed a crime.1 More important, a research study and highlights the find- identifying children at risk of being
child often is harmed by life on the run ings. The authors also recommend steps abducted by a parent or other family
and by being deprived of his or her other that communities can take to help protect member, and steps that can be taken
parent. Prior to abduction, many of these children from family abduction. to protect children from family
children have been exposed to neglectful abduction.
and abusive behaviors in their homes and
have witnessed high levels of conflict be- Research Design Recommendations to increase pa-
rental access to legal resources,
tween their parents. These children are at The four discrete research projects that
develop responses to reported family
risk for psychological harm. made up the study were designed to
violence, provide services to families
The U.S. Department of Justice, Office of involved in custody disputes, protect
Juvenile Justice and Delinquency Preven- 2
The research study was a collaboration between the
children’s interests, and create uni-
tion, funded a research study (Johnston et Judith S. Wallerstein Center for the Family in Transition fied family courts are also included.
al., 1998) on prevention of family abduc- and the American Bar Association Center on Children
and the Law. The authors encourage readers to study
OJJDP believes that the information
tion through early identification of risk
the full report, Prevention of Parent or Family Abduction this Bulletin provides will enhance
factors to answer the following questions:2
Through Early Identification of Risk Factors (Johnston et efforts to identify risk factors for pa-
al., 1998), which brings together several years of re- rental abduction and help protect
search and provides much greater detail regarding who children from harm.
1
In some States, these actions are a crime if a custody abducts their child, what interventions are effective,
order is in place, while in other States, these actions and how to protect the child from family abduction. To
are a crime if the parent has a right to custody. order a copy of this report (NCJ 182791), call 800–638–
8736 or send an e-mail to puborder@ncjrs.org.
Profiles of Parents At Risk for Abducting Their Children
Profile 1: When There Has Been a Prior In a large number of cases, the child has been previously
Threat of or Actual Abduction exposed to neglectful, endangering, or violent environ-
When a parent has made credible threats to abduct a child ments (e.g., domestic violence or substance abuse). In
or has a history of hiding the child, withholding visitation, or these cases, the courts and child protective services may
snatching the child from the other parent, there is great dis- have failed to protect the child and the concerned parent or
trust between the parents and a heightened risk of further family member. They may have trivialized the allegations,
custody violation. This risk profile is usually combined with dismissing them as invalid or the product of a contentious
one or more of the other profiles. In these cases, the under- divorce. Often, however, the allegation of sexual abuse by a
lying psychological and social dynamics that motivate the father or stepfather that motivates a mother to abduct her
abduction need to be understood and addressed. When other child is unsubstantiated. In these cases, the abduction can
risk factors are present, one or more of the following are gen- psychologically harm the child and the other parent, possi-
eral indicators of an imminent threat of flight with the child: bly leaving their relationship in serious need of repair.

◆ The parent is unemployed, homeless, and without emo-


Profile 3: When a Parent Is Paranoid Delusional
tional or financial ties to the area.
Although only a small percentage of parents fit this profile,
◆ The parent has divulged plans to abduct the child and has these parents present the greatest risk of physical harm or
the resources or the support of extended family and/or death to the child, regardless of whether an abduction oc-
friends and underground dissident networks needed to curs. Parents who fit the paranoid profile hold markedly irra-
survive in hiding. tional or psychotic delusions that the other parent will defi-
◆ The parent has liquidated assets, made maximum with- nitely harm them and/or the child. Believing themselves to
drawals of funds against credit cards, or borrowed money be betrayed and exploited by their former partner, these
from other sources. parents urgently take what they consider to be necessary
measures to protect themselves and the child.
Profile 2: When a Parent Suspects or Believes Psychotic parents do not perceive the child as a separ-
Abuse Has Occurred and Friends and Family
ate person. Rather, they perceive the child as part of
Members Support These Concerns
themselves—that is, as a victim (in which case they take
Many parents abduct their child because they believe that the unilateral measures to rescue the child)—or they perceive
other parent is abusing, molesting, or neglecting the child. the child as part of the hated other parent (in which case
These abducting parents feel that the authorities have not they may precipitously abandon or even kill the child). Mari-
taken them seriously or properly investigated the allega- tal separation and/or the instigation of the custody dispute
tions. Repeated allegations increase the hostility and dis- generally triggers an acute phase of danger for these psy-
trust between the parents. Parents who have the fixed belief chotic individuals. The result can be not only parental ab-
that abuse has occurred—and will continue to occur—then duction, but also murder and suicide.
“rescue” the child, often with the help of supporters who con-
cur with their beliefs, justify their actions, and often help with
Profile 4: When a Parent Is Severely Sociopathic
the abduction and concealment. Supporters might include
family members, friends, or underground networks (usually Sociopathic parents are characterized by a long history of
women) that help “protective” parents (usually women) ob- flagrant violations of the law and contempt for any authority—
tain new identities and find safe locations. including that of the legal system. Their relationships with

identify the characteristics of abductors ◆ Abduction by a parent with rights of files on a range of parental abductions.3
and their families and examine the effec- custody who has a custody order from Third, California is a large State with a
tiveness of interventions used to prevent the court (postcustodial abduction). diverse population, and fourth, compara-
or respond to child abductions. Research ◆ Abductions by persons with no rights tive data on litigated custody already
was conducted in the San Francisco Bay of custody. exist in California. Finally, California pro-
Area of California. This location was cho- vides an affirmative defense for victims
sen for several reasons. First, California’s Unwed, married, separated, or divorced
criminal statute broadly defines parental parents and parents who have sole or
abduction (also known as criminal custo- joint custody or visitation or no custody 3
When this study was conducted, California was the
dial interference or child stealing) to in- rights can commit parental abduction by only State in which the district attorneys acted as the
violating the rights of the other parent. enforcement arm of the family court. The Uniform
clude the following offenses: Child-Custody Jurisdiction and Enforcement Act—
◆ Abduction by a parent with rights of A second reason for choosing California is promulgated in 1997 by the National Conference of
that, because they are mandated to use Commissioners on Uniform State Laws and approved
custody and visitation who has no cus- by the American Bar Association in 1998—includes
tody order from the court (precustodial both civil and criminal remedies to locate
enforcement provisions similar to California’s. To ob-
abduction). and recover abducted children, district tain more information on this Act, visit www.nccusl.org
attorneys in California have extensive on the World Wide Web.

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other people are self-serving, exploitive, and highly ma- Subgroup 1. Parents who are indigent and poorly educated
nipulative. These people are also likely to hold exagger- lack knowledge about custody and abduction laws and cannot
ated beliefs about their own superiority and entitlement afford the legal representation or psychological counseling that
and are highly gratified by their ability to exert power and would help them resolve their disputes. Those parents who
control over others. As with paranoid and delusional par- have extended family or other social, emotional, and economic
ents, sociopathic parents are unable to perceive their chil- support in another geographical community may be at risk for
dren as having separate needs or rights. Consequently, abducting their children.
they often use their children as instruments of revenge or
Subgroup 2. Many parents cannot afford and are unaware of
punishment or as trophies in their fight with the former
the need to access the court system. In addition, those who
partner. Sociopathic parents have no qualms about con-
have had prior negative experiences with civil or criminal
tinuing coercive, controlling, and abusive behavior or ab-
courts do not expect family courts to be responsive to their
ducting their child, nor do they believe that they should be
values or their plight.
punished for their actions. Like paranoia, a diagnosis of
severe sociopathy is rare. Subgroup 3. Parents who belong to certain ethnic, religious,
or cultural groups may hold views about childrearing that
Profile 5: When a Parent Who Is a Citizen of are contrary to the prevailing custody laws that emphasize
Another Country Ends a Mixed-Culture Marriage gender neutrality and the rights of both parents. These
parents instead turn to their own social networks for support
Parents who are citizens of another country (or who have
and use informal self-help measures rather than the courts
dual citizenship with the United States) and have strong
in disputes over the children.
ties to their extended family in their country of origin have
long been recognized as potential abductors. The risk of Subgroup 4. A mother who has a transient, unmarried rela-
abduction is especially acute at the time of parental sepa- tionship with her child’s father often views the child as her
ration and divorce, when these parents may feel cast adrift property, and her extended family supports this belief. Many
from their mixed-culture marriage and may need to return of the women in this subgroup assume they have sole cus-
to their ethnic or religious roots to find emotional support tody of their child and are genuinely surprised when they are
and reconstitute a shaken self-identity. Often in reaction to informed that the father—by law in California and most other
being rendered helpless or feeling rejected and discarded States—has joint rights to the child.
by the former spouse, such parents may try to take unilat-
eral action by returning with the child to their family of ori- Subgroup 5. Parents who are victims of domestic violence
gin. This is a way of insisting that the abducting parent’s are at risk of abducting their child, especially when the courts
cultural identity be given preeminent status in the child’s and community have failed to take the necessary steps to pro-
upbringing. tect them from abuse or to hold the abuser accountable. Joint
custody, mediated agreements, and visitation orders often
leave victims vulnerable to ongoing violence, despite separa-
Profile 6: When Parents Feel Alienated From the
tion from the abuser. When such victims abduct their child, the
Legal System and Have Family/Social Support
violent partners may successfully obscure the facts about the
in Another Community
abuse and activate the abduction laws to regain control of their
Many subgroups of potential abductors feel alienated from victims.
the judicial system. Listed below are five such subgroups.

who are fleeing domestic violence situa- child stealing. Based on these records, A subset of those arrested for multiple
tions, thus providing researchers with an researchers developed a general descrip- abductions was also examined.
opportunity to assess to what extent and tion of abductors and a summary of the
when these kinds of cases are identified legal system’s response to abductions. In the third research study, the “Interview
and excluded from charges of parental Study,” Janet Johnston (1998c) conducted
child stealing. In the second study, the “Statewide Crimi- indepth interviews with a random sample
nal Sanctions Study” (Statewide Study), of 70 parents from 50 abducting families
In the first of the four research studies, Martha-Elin Blomquist (1998) examined drawn from the district attorneys’ records
the “Documentary Study,” Inger Sagatun- data from statewide criminal history used in the Documentary Study. The par-
Edwards (1998) studied 634 parental records for all 950 persons who were ar- ticipants in this study—35 men and 35
child-stealing cases from files opened by rested for violating one of three sections women, half of whom were abductors and
the district attorneys in two California of the California criminal code for paren- half of whom were left-behind parents—
counties between 1987 and 1990. From tal abduction between 1984 and 1989. also completed psychological question-
these documents, information was gleaned Blomquist used various statistical analy- naires. The researchers systematically
about each family’s sociodemographic sta- ses to describe the characteristics of of- compared the demographic, legal, psycho-
tus, legal situation, abduction circum- fenders, offenses, case dispositions, and logical, and family dynamic characteristics
stances, and dispute characteristics and subsequent conduct, including that of of these abducting families with similar
the legal system’s response to parental repeat offenders and serial abductions. data from 114 members of 57 high-conflict

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nonabducting families who were litigating were postcustodial offenses; that is, were the largest group of abductors,
custody. the abduction occurred after the issu- followed by Hispanics. In cases re-
ance of a court order dictating the cus- ported to the justice system, African
Six descriptive profiles of parents at risk
tody of the child. In the Statewide Americans who abduct were overrepre-
for abducting their children emerged from
Study, however, abductions were more sented and Asians who abduct were
the findings of the Interview Study (see
evenly divided between pre- and underrepresented relative to their
the sidebar on pages 2–3). In the fourth
postcustodial offenses. percentage in the population. With
study, referred to as the “Intervention
◆ The Statewide and Documentary Stud- the exception of the Caucasian group,
Study,” Johnston (1998a, 1998b) provided
ies found that mothers were more likely fathers were more likely than mothers
instruction to Family Court Services per-
to abduct when a custody order ex- to abduct.
sonnel (who are mandated to mediate all
custody disputes in California) on how to isted, whereas fathers were more likely ◆ According to the Documentary and In-
identify individuals who fit one or more of to abduct when no custody order ex- terview Studies, abductors were dispro-
the descriptive profiles and encouraged isted. The Statewide Study found that portionately unwed, low-income par-
the personnel to refer these individuals fathers were twice as likely as mothers ents. Specifically, the Interview Study
to the Intervention Study for special inter- to abduct in the absence of a custody found that many of these young parents
ventions developed for the profiles. Fifty order. had brief relationships with one an-
families identified as fitting one or more ◆ The Statewide and Documentary Stud- other and never developed a pattern of
of the risk profiles for abduction were ran- ies discovered that fathers were much working together as parents. The moth-
domly assigned to one of two counseling more likely to use force to abduct their ers and their extended family felt that
interventions: a brief 10-hour intervention children or to retain them by not re- the child belonged to them and that the
that primarily involved diagnostic and turning them from a visitation, where- fathers had few, if any, custodial or visi-
referral services or a longer, 40-hour in- as mothers rarely used force to abduct tation rights. Rather than looking to
tervention that included more extensive their children. Instead, mothers were the legal system to assign physical
counseling and mediation of the family’s more likely to flee with the children or
impasse. Other services, such as legal to deny the fathers visitation. These
representation and abuse investigations, patterns of behavior reflect that moth-
were sought for both intervention groups ers usually have physical possession of An Overview of the
as needed. Researchers evaluated the their children. Research Projects
parents after 9 months to analyze and
compare the outcomes of the two types of ◆ According to the Documentary and In- ◆ Documentary Study. Based on
intervention models. The findings of the terview Studies, divorced parents were information gleaned from files
four component studies are summarized the largest category of abductors, fol- opened by the district attorneys
in the following two sections. lowed by unwed and separated parents. in two California counties, re-
When compared with custody-litigating searchers developed a general
parents in the Interview Study, abduct- description of abductors and a
Findings of the First ing parents were far more likely to be summary of the legal system’s
unwed. This group of unwed abducting response to abductions.
Three Studies parents also included a subgroup of
The combined findings of the Documen- unwed parents who had cohabited or ◆ Statewide Criminal Sanctions
tary, Statewide, and Interview Studies had brief transitory relationships. Study. Researchers examined
that identified the characteristics of fami- data from California’s criminal
lies in which abduction occurred are sum- ◆ Both the Documentary and Interview history records and used various
marized below. In most cases, the charac- Studies found that more than one-half statistical analyses to describe
teristics were found by two or more of of the abducting parents were poor, un- offenders, offenses, case disposi-
these studies, but in some cases, only one employed, unskilled or semiskilled, and tions, and subsequent conduct.
of the studies obtained relevant data. poorly educated. Consequently, the
poor were overrepresented in the popu- ◆ Interview Study. Researchers
◆ According to the Documentary and lation of abductors and their families. conducted indepth interviews with
Interview Studies, children abducted Compared with custody-litigating moth- a random sample of parents from
by their parents or other family mem- ers in the Interview Study, mothers in abducting families and, based
bers were usually preschoolers. In abducting families were more likely to on their findings, developed six
the majority of cases, one child was be unemployed, depend on public assis- descriptive profiles of parents at
abducted. tance, and receive no child support risk for abducting their children.
◆ According to the Documentary and from the fathers. Many mothers had
◆ Intervention Study. Researchers
Interview Studies, mothers and fathers few, if any, economic incentives to re-
provided instruction to Family
were equally likely to abduct. The ab- main in the geographical area.
Court Services personnel on how
ducted child’s parent, usually in his or ◆ According to all three studies, rates of to identify individuals who fit one
her midtwenties or midthirties, almost reported abductions and abduction or more of the descriptive profiles.
always carried out the abduction, al- arrests varied by race and ethnic back- Personnel were then encouraged
though the child’s grandparent or step- ground. The proportions of Caucasian to refer these individuals to the
parent occasionally was the abductor. and Hispanic abductors were similar to study for special interventions
◆ The Documentary Study showed that the percentages of these racial groups developed for the profiles.
almost two-thirds of the abductions in the general population: Caucasians

4
possession and visitation rights to abuse were similar in abducting and and divorce, were not sufficient in
specific individuals, the mothers relied custody-litigating families. themselves to motivate abduction.
on their extended family and friends to ◆ According to the Documentary and ◆ About one-half of the abductors and
help raise the child and make informal Interview Studies, family violence and/ two-fifths of the left-behind parents in
custody decisions. These parents did or child abuse was a dynamic in many the Documentary and Interview Studies
not use family courts to resolve cus- abducting families. Mothers—whether had criminal arrest records. The State-
tody disputes because they could not they were abductors or left-behind wide Study revealed that more than
afford legal representation and be- parents—more often claimed that one-half of those who were arrested for
cause the legal system was largely for- child and/or spousal abuse had oc- criminal custodial interference had a
eign to them. Instead, they abducted curred. Women abductors were more previous arrest record. Of these, one-
their children without regard to legal likely to see the abduction as an at- third had been incarcerated. Far more
ramifications. tempt to protect their children from men than women had arrest records
◆ Records from the Documentary Study abusive fathers or spouses, whereas prior to the abduction, and ethnic and
showed that about one-fourth of the male abductors were more likely to racial minorities were more likely than
abductors did not operate alone in the claim that they were attempting to nonminorities to have been arrested
act of abducting. Many abductors re- protect their children from neglectful for more serious offenses. Those with
lied on a network of family and social mothers. Men—whether they were left- criminal arrest records were more likely
support to carry out and maintain the behind or abducting parents—were to have been arrested for precustodial
abduction. The Interview Study found more likely to be accused of domestic offenses, indicating that most had not
that a significant proportion of abduc- violence and sexual abuse. The State- attempted to resolve the custody dis-
tors (almost three-fifths of women and wide Study, however, showed little evi- pute through the court system. The In-
two-fifths of men) received moral sup- dence that formal criminal charges of terview Study found that abductors had
port for their actions and practical domestic violence offenses had oc- high levels of narcissistic and socio-
help in planning the abduction. The curred either prior to or around the pathic character disorders. People with
network of supporters provided money, time of the abduction. these character disorders often have
food, and lodging and was willing to ◆ Both the custody-litigating parents contempt for the law and feel that laws
conceal the whereabouts of the child. and the sample of abductors and left- do not apply to them and, therefore,
This widespread support for their ac- behind parents in the Interview Study they can easily run afoul of the criminal
tions may be one reason why many reported similarly high incident rates justice system.
abductors do not recognize that their of domestic violence, including severe ◆ The Statewide Study showed that only
actions are illegal. physical aggression. Despite California’s about 10 percent of those arrested for
◆ According to the Interview Study, par- affirmative defense for parents who criminal custodial interference were
ents in abducting families—especially take their children to flee violence, not rearrested for a subsequent abduction.
mothers—were significantly less likely all cases involving domestic violence The Interview Study showed higher
than parents in high-conflict, custody- were identified and provided protection recidivism rates, with self-reports of
litigating families to have legal repre- under this defense. For a small number reabductions at 30 percent. This differ-
sentation. The custody-litigating fami- of parents in the Interview Study, at- ence is likely due to the fact that par-
lies were somewhat more likely than tempts to escape the violence by flee- ents do not always report abductions—
the abducting families to have detailed ing with the children backfired. For ex- particularly short-term snatchings—to
custody and visitation orders, to in- ample, some women with few resources law enforcement or the district attor-
clude provisions for therapy, and to who were caught abducting their chil- ney. Also, the district attorneys’ criteria
have been granted restraining (stay- dren had no place to stay after recovery for defining a complaint as an abduc-
away) orders. While abducting families and therefore resorted to returning to tion case may differ from the parents’
were significantly less likely than their abusive partners. Other mothers criteria. For example, a district attorney
custody-litigating families to go to fitting this profile remained separated is more likely to perceive a violation as
family court (on custody, visitation, but were subject to court-ordered visi- an abduction when a noncustodial par-
child support, spousal support, prop- tation arrangements that put them and ent does not return the child and is less
erty, or restraining orders), they were their children at ongoing risk of being likely to perceive a violation as an ab-
more likely to have come into contact physically harmed and terrorized by duction when a custodial parent chroni-
with the juvenile court. their violent and controlling ex-partner. cally withholds visitation.
◆ The numbers of substantiated allega- ◆ Compared with the general adult popu- Together, these findings suggest a number
tions of neglect and unsubstantiated lation, the high-conflict, litigating fami- of interrelated family risk factors that pre-
allegations of sexual abuse were higher lies and abducting families in the Inter- dict child abduction by a parent, espe-
among abducting families than among view Study demonstrated similarly cially when children are very young. Par-
custody-litigating families. In the Inter- higher levels of anger, lower levels of ents and family members at risk are those
view Study, abducting parents fre- cooperation, a pervasive distrust of who make persistent allegations of child
quently alleged that child protective the ex-partner’s parenting, greater abuse/neglect and family violence, have
services and family courts did not take emotional distress, and behaviors in- narcissistic/sociopathic personality traits,
their complaints seriously or failed to dicative of character disorders. This and have a history of trouble with the law.
conduct a thorough investigation. Rates signaled that anger and spite, which Others who are at risk include those who
of allegations of parental substance are more often attributed to separation are unmarried, less educated, poor, and of

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Risk Factors and Preventive Interventions for Custody Violation and Parental Abduction

Risk Profile Behavioral Indicators* Interventions†


When there has been a • Threatens to take child, has a history of • Obtain certified copy of custody/visitation
prior threat of or actual hiding child, refuses visits, or snatches order specifying access and jurisdiction.
abduction child. • Obtain restraining order that prohibits
• Has no financial or emotional ties to area. leaving area without permission.
• Has resources to survive in hiding or help • Flag passports or school, medical, and
from others to do so; has liquidated assets birth records so that both parents need
or has made maximum withdrawals of to approve the release of or at least be
funds against credit cards. advised of the other parent’s request to
see these materials.
• Supervise visits or use electronic
surveillance.
• Require that potential abducting parent
post bonds.
• Provide family counseling and mediation
of impasse.
When a parent suspects or • Has a fixed belief that the child is abused, • Undertake a timely, thorough investigation
believes abuse has occurred molested, or neglected and that authorities of allegations.
and friends and family mem- will not take charges seriously and will • Inform concerned social network.
bers support these concerns dismiss them as unsubstantiated. • Coordinate all professionals involved to
• Has the support of friends and family. share perspectives and conclusions.
• Makes repetitive allegations and is • Implement temporary supervised visits
increasingly hostile; distrust between to protect abused child or falsely ac-
parents exists. cused parent. If investigation is incon-
clusive, appoint coparenting counselor-
arbitrator to provide counseling, rebuild
trust, and monitor situation.
• Provide the child with therapy.
When a parent is paranoid • Is flagrantly paranoid and irrational and • Assess lethality!
delusional makes allegations. • Conduct emergency ex parte hearing
• Has a history of hospitalizations for for psychiatric screening; appoint legal
mental illness and has delusions of mind representation for child and deluded
control. parent.
• Engages in bizarre forms of domestic • Suspend visits or supervise with high
violence; boundary confusion observable security.
between parent and child. • Award temporary custody to other
• Makes threats of murder/suicide. parent or to third party.
• Provide adult psychiatric treatment and
child therapy.

ethnic minority status (especially those criteria for more than one profile, the risk found that, compared with baseline
whose extended family live in another for abduction is probably increased. The (precounseling) measures, all parents in
geographical area or another country). table also lists suggested interventions the study were more cooperative, less
All of these factors make parents less that authorities and parents can take to violent, and more likely to resolve dis-
likely to resolve custody disputes by us- help reduce the likelihood of abductions. putes over custody issues than before the
ing the formal, legal system. Instead they intervention. In addition, custody viola-
turn to their own families and social net- tions and parental abductions also de-
works for emotional support and practi- Findings of the creased. The brief 10-hour intervention
cal help, which may include abduction. Intervention Study was as effective as the extended 40-hour
Six profiles of separating/divorced par- In the Intervention Study, Family Court intervention in achieving these results.
ents at risk for abducting their children Services personnel used the six profiles The success of both interventions was
are proposed on the basis of these find- to identify individuals at risk for abduct- attributed to the increased attention the
ings and are shown in the table on pages ing and then referred these individuals family courts gave the at-risk families,
6–7. To the extent that families meet the to one of two interventions. This study which led to early imposition of con-
straints by the court, increased use of

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Risk Factors and Preventive Interventions for Custody Violation and Parental Abduction—Continued

Risk Profile Behavioral Indicators* Interventions†


When a parent is severely • Has multiple arrests and convictions and • Have the parent obtain appropriate
sociopathic a blatant contempt for court orders. restraining orders.
• Stalks, makes threats of domestic violence, • Engage decisive use of court authority;
manipulates and controls, or initiates obtain explicit court orders and rapid
vexatious litigation. sanctions for contempt; fine or jail.
• Has self-serving, exploitive, and self- • Suspend or supervise access and resume
aggrandizing relationships. unsupervised visits contingent on
conforming behavior.
When a parent who is a citizen • See “When there has been a prior threat • See “When there has been a prior threat
of another country ends a of or actual abduction” (above). of or actual abduction” (above).
mixed-culture marriage • Idealizes own family, homeland, and • Require that parent departing with child
culture after dissolution of mixed-cultural post bonds to ensure return from visiting
marriage and depreciates American culture; homeland; hold passport and monitor
rejects or dismisses child’s mixed airlines.
heritage. • Obtain mirror custody orders with country
• Feels separation and divorce are severe of origin; inform families of consequences
loss/humiliation. of aiding custody violation.
• Feels homeland offers more emotional/ • Provide culturally sensitive divorce
financial support. counseling, including child’s need for
• Is a high risk if from a non-Hague both parents and both cultural identities.
country.‡ • Provide emotional/financial support.
When parents feel alienated • Is undergoing severe economic hardship, • Provide access to legal services, pro se
from the legal system and is poorly educated, and never married. clinics, and translation assistance.
have family/social support in • Is a member of an ethnic minority group, • Advocate community services.
another community has language barriers, and has cultural • Provide culturally sensitive divorce and
beliefs regarding custody contrary to U.S. custody counseling/mediation.
legal norms. • Educate parent and social network
• Is a victim of domestic violence and is regarding abduction laws.
alienated from major social institutions.
• Has family/social support in another
geographic area.
* Common to all profiles: (1) Parent dismisses value of other parent for child, (2) child is very young or vulnerable to influence, and (3) abductor has
family and social support.
† General principle: More restrictive measures that curtail parents’ freedoms are warranted when (1) the risks for abduction are greater, (2) the
obstacles to the recovery of the child are more substantial, and (3) the potential harm to the child is more extensive.
‡ The Hague Convention on the Civil Aspects of International Child Abduction, ratified in 1986, is an international treaty that establishes adminis-
trative and judicial mechanisms to bring about the prompt return of an abducted or wrongfully retained child, usually to his or her country of habitual
residence, and to facilitate the exercise of visitation across international borders. The Convention took effect in 1988, following enactment of the
International Child Abduction Remedies Act, a Federal implementing statute.

investigation and evaluation, and moni- status, gender, occupation, race, criminal The threat of prosecution was sufficient
toring of resolved custody issues. history, and family violence/child abuse to bring most abductors back with the
allegations of the parents, the Documen- child. In about 90 percent of the cases in
tary Study found that the greater the in- which the child was recovered, the case
Effectiveness of tervention by the district attorney’s was resolved informally by the district
the Legal System’s office, the more rapid the recovery of the attorney’s office, often after the abducting
Response to Family child. The intervention ranged from filing parent had been informed that abduction
a complaint to issuance of a criminal is a crime under State law. Once abduct-
Abduction charge, prosecution, conviction, and, fi- ing parents realized that criminal action
The Documentary and Statewide Studies nally, incarceration. Almost one-half of could be taken against them, they often
yielded data on the California legal sys- the children were returned within about returned the child voluntarily and at-
tem’s response in cases of family abduc- 2 months of the filing of a complaint, and tempted to resolve the matter in family
tion and on the relative effectiveness of two-thirds were returned within 3 years court. If the abductor attempted to obtain
its response. In a multivariate analysis of the abduction. a custody order or modification of an or-
that controlled for custodial and marital der in the court with proper jurisdiction,

7
then the district attorney’s office did not, offense that is more difficult to prove to What Children At
in general, pursue the criminal offense. be a knowing violation. In addition, violat-
ing an existing custody order constitutes Risk for Abduction
The district attorney formally prosecuted Deserve From Their
contempt of court, which judges are less
only 10 percent of the abductors. Of
likely to tolerate. This apparent lack of Communities
these, one-fourth were convicted with
tolerance is more prevalent when the of-
no incarceration, one-fourth were con- What can be done to help parents at risk
fender is a Caucasian woman, possibly
victed and incarcerated, and the remain- for abducting their children make better
because the court expects her to be more
ing half were released because charges choices? What can the courts, public
law-abiding than nonwhite women or
were dismissed. The Statewide Study agencies, and private and nonprofit orga-
male offenders. The court, therefore, may
found similar rates of conviction and in- nizations do to help families resolve their
treat her more harshly than female of-
carceration, with repeat offenders more disputes amicably while addressing their
fenders of other races or male offenders,
likely to be convicted. legitimate concerns about protecting
because her behavior is contrary to soci-
etal expectations. their children to reduce the risk of abduc-
The Statewide Study included an examina-
tion and the possibility of the children
tion of parents who were charged for ab-
The Documentary Study found no differ- being harmed?
ducting more than once. It found that the
ences in the district attorneys’ treatment
greater the sanctions employed by the
of abduction cases with regard to the ab- Increased Parental Access
court at the initial abduction, the more
ductor’s gender, race, or ethnic back-
likely the abductor was to reabduct, con- to Legal Information and
ground. The Statewide Study, however,
trolling for other factors. That is, those
found that the criminal courts treated
Representation
convicted of abduction were more likely Problem 1: Parents generally lack
Caucasians more harshly than ethnic and
than those not convicted to subsequently knowledge of or access to legal infor-
racial minorities in case dispositions. This
reabduct their children. Not enough is mation. Most parents are not familiar with
may have been because the Caucasians
known about the psychological character- custody and visitation laws. Many of them
more often had child custody orders and,
istics of those who were convicted to do not know that moving to a new location
therefore, violated the section of the code
understand why they were more likely to without going to court to obtain a custody
that was easiest to prove. Another expla-
reabduct. This group, however, represents order or to modify an existing order can be
nation for the disparity in treatment is
a very small and extreme subset of all fam- a crime when it violates the rights of the
that the court expects Caucasians to be
ily abductions (about 2–3 percent). Within other parent. Unwed parents often do not
more law-abiding—that is, the courts
this group, conviction of criminal custodial know they should have a custody order.
more severely sanctioned Caucasians
interference is not a successful deterrent to Grandparents, stepparents, and others
who violated the law because this group
further abductions, a fact that left-behind who support parents in abducting their
had fallen out of role expectations. An-
parents greatly fear. children generally do not know that they
other interpretation is that Caucasian left-
Both the Documentary and Statewide Stud- behind parents pressed the justice sys- may be committing a felony by aiding and
ies found that the criminal justice system tem to pay more attention to their cases abetting the abductor.
was more likely to pursue postcustodial and, in turn, obtained it. Recommendation: Develop public educa-
offenders. When a parent violates an exist- tion programs that discuss relevant laws
The Documentary Study found that the
ing written custody order issued by the for parents. Communities or organiza-
left-behind parents with higher occupa-
court, it is easier for prosecutors to prove tions should develop public education
tional status were more likely to obtain
the offense was a knowing violation. When campaigns, including public service an-
severe sanctions against the abductor.
no such document exists, as in precustodial nouncements, to educate the public
One explanation for this is that more of
abductions, it is harder to prove in court about custody and visitation laws and the
these parents have skills that enable them
that the abducting parent knew he or she crime of parental abduction. These cam-
to deal effectively with a government
was violating the law. paigns should provide information—via
agency. Examples of such skills include
The Statewide Study found a divergence persistence and organization and the radio, television, the Internet, and printed
in the criminal justice system’s treatment ability to provide information in a busi- materials—that will increase public
of men and women. Men were more likely nesslike fashion, to gain cooperation, to awareness. For example, programs or or-
than women to be arrested for abduction, expect action, to keep track of conver- ganizations that target at-risk populations
but the women who were arrested for ab- sations, and to take the initiative to can provide informational brochures to
duction were more likely than men to be follow up. parents in these programs. Examples of
convicted and incarcerated. This differ- such programs or organizations include
Both the Documentary and Statewide Stud- public welfare offices, child support en-
ence appears to relate to the specific
ies found that the criminal justice system forcement offices, programs for unwed
criminal codes that men and women usu-
acted more harshly when responding to parents, organizations serving immigrant
ally violate. Women were more likely to
abduction cases that included allegations and ethnic communities, mental health
abduct after a custody order existed, a
of child abuse or family violence by the agencies, the courts, and missing child-
criminal offense that is easier to prove
abductor toward the child or other parent. ren’s organizations and clearinghouses.
to be a knowing violation. On the other
Prior criminal history, however, did not
hand, men were more likely to abduct in Problem 2: Parents and children are
influence the district attorneys’ or the
the absence of a custody order, a criminal unable to obtain affordable legal rep-
criminal courts’ intervention.
resentation. Educating parents about
the need for custody orders and ways to

8
prevent abductions does little good if
they are unable to access the legal sys-
tem. Most low-income parents are unable
to find affordable representation in cus-
tody and visitation cases. Many middle-
class parents in the midst of a divorce
cannot afford to hire attorneys for the
period of time needed to resolve con-
tested custody cases. Legal services
offices often do not represent parents in
custody cases, unless the case fits under
a separate priority set by the office, such
as the prevention of domestic violence.4
Unwed mothers who seek public assis-
tance are required to cooperate with wel-
fare agencies in determining paternity
and child support, yet neither the moth-
ers nor the fathers receive help in obtain-
ing a court order that specifies their cus-
tody and visitation rights.
obtained, the left-behind parent often Development of Prompt
Recommendation: Develop community- questions the usefulness of the custody and Effective Responses
based programs that increase the par- order. The left-behind parent faces the to Allegations and Acts of
ents’ access to legal representation. prospect of hiring two attorneys (one at-
Family Violence
The courts should appoint custody eval- torney in each State if the abducting par-
uators, guardians ad litem (legal represen- ent traveled to another State), filing en- Problem 1: Parents feel that child pro-
tatives), or attorneys who represent forcement proceedings with the court, tective services and the courts do not
children to provide the parents with in- and waiting for a court date. Meanwhile, treat child abuse and neglect allegations
formation and recommendations. More the abducting parent may flee again with seriously or address them promptly.
programs that provide legal representation the child. Many left-behind parents know Whether or not they lead to abductions,
on a pro bono or sliding scale basis should where their child is, but they are unable allegations of child abuse and neglect fuel
be developed. Parents who do not have to recover him or her. many custody battles. When child protec-
legal representation should still be able to tive services and the courts do not treat
obtain legal information and advice. Barri- Recommendation: Pass State laws that these concerns seriously or address them
ers that prevent attorneys from offering mandate district attorneys to enforce promptly, they exacerbate an already con-
partial services should be removed to en- custody orders. California is the only tentious environment. Some forms of
able parents to get the help they most State that currently has an expedited en- abuse, such as emotional abuse or allow-
need from attorneys. Courts should also forcement measure for child custody or- ing a child to witness domestic violence,
be more user-friendly by allowing the of- ders. The measure mandates that the dis- do not meet child protective services’
fices of the clerks of the court to assist the trict attorney take whatever civil and criteria of direct harm to the child. None-
expanding population of pro se parents criminal remedies are necessary to locate theless, the child is at considerable risk
(i.e., parents who do not retain a lawyer and recover children abducted by family of continued abuse or the psychological
and represent themselves in court). members and to enforce child custody damage caused by unfounded allegations.
orders. In July 1997, the National Council
In addition, jurisdictions should stream- of Commissioners of Uniform State Laws Recommendation: Conduct thorough
line procedures for obtaining custody and approved the Uniform Child-Custody Ju- and prompt child abuse and neglect
visitation orders to make them available risdiction and Enforcement Act (UCCJEA), investigations. Child protective services
to low-income, unwed parents. Programs which contains a similar provision. As of and the courts need sufficient funding to
for parents, starting with the birth of the February 2001, 21 States and the District hire and train staff to conduct thorough
child, should clarify custody rights and of Columbia had enacted the UCCJEA, and and prompt child abuse and neglect in-
responsibilities. Parents should be able to it had been introduced in the legislatures vestigations. If these concerns are ad-
obtain readily enforceable custody orders of 10 other States.5 dressed quickly, it is less likely that the
and acquire legal assistance to obtain child child will be harmed and that the parents
custody and visitation orders when courts will continue to make allegations against
determine paternity and child support. 5
The States that have enacted the UCCJEA are as fol- each other. It is critical that professionals
lows: Alabama, Alaska, Arizona, Arkansas, California, coordinate their efforts to arrive at a
Problem 3: Enforcing custody orders is Colorado, Connecticut, Idaho, Iowa, Kansas, Maine, sound conclusion.
time-consuming and costly. When a child Minnesota, Montana, North Carolina, North Dakota,
is abducted after a custody order is Oklahoma, Oregon, Tennessee, Texas, Utah, and West
Virginia and the District of Columbia. The UCCJEA has
been introduced in the legislatures of Delaware, Florida,
4
Illinois, Maryland, Missouri, New Jersey, New York,
Custody cases are ineligible to receive free legal aid
Rhode Island, Virginia, and Washington. For any up-
because it is too costly. This type of aid is available
dates, visit www.nccusl.org/uniformact_factsheets.
only if a parent can prove that his or her case includes
domestic violence.

9
Problem 2: Many victims of domestic health professionals working collabor- parents attempted to snatch or actually
violence find that separation and di- atively can modify existing approaches snatched the child? Does the order need
vorce do not provide them with the and develop new procedures and services to change to reflect the parent’s new
safety they sought by leaving the to better suit these families (Johnston, work hours or the child’s summer sched-
abuser.6 Abusive husbands are more 2000). For example, parent education ule? Programs that monitor visitation
likely to seriously harm or kill their wives programs—a popular innovation in many arrangements are one type of innovative
during marital separation (Wilson and jurisdictions—need to be adapted to meet approach.
Daley, 1993; Feld and Straus, 1990). Even the needs of multicultural families from
after divorce, custody and visitation different economic strata and highly Some jurisdictions use a coparenting arbi-
orders that do not address safety for the conflictual and violent families. Most par- trator or coordinator, as stipulated by an
survivor of domestic violence and her ent education programs target the middle- agreement between the parents or by
children provide the abuser with contin- class divorcing population, but they do court order, to decide on various issues
ued opportunities to harm them. not address the situations that unwed, relating to the children. In one model, the
low-income parents face. This population coparenting arbitrator is involved only
Recommendation: Provide community- when parents are unable to agree, usually
cannot afford the services of mental
based responses that protect victims despite the involvement of other profes-
health professionals or attorneys; there-
and make abusers accountable for their sionals. In another model, the coparent-
fore, parent education may be the only
actions. Domestic violence survivors who ing arbitrator acts as the parenting coun-
context in which they will learn about the
have left their abuser should be able to selor, mediator, or child therapist on an
impact of their conflict on the children
live in safety with their children with- ongoing basis and exercises his or her
and about the laws pertaining to custody
out having to leave their communities. right to arbitrate only when parents fail to
and visitation. If seminars portray life-
Judges, lawyers, mediators, and custody agree on a specific matter. In both mod-
styles and circumstances that are not
evaluators need to know how to identify els, the arbitrator seeks to develop trust
reflective of their own, parents can be
domestic violence and understand its with family members and a depth of un-
further alienated as a result of the experi-
impact on the victim and her children. derstanding of the family dynamics.
ence. Similarly, custody mediation and
Courts must consider custody and visita-
custody evaluations should demonstrate In other jurisdictions, a family court judge
tion orders that protect the victim and
cultural sensitivity, particularly in mixed- is responsible for managing the high-
the children from physical and psycho-
culture marriages where there may be a conflict custody cases. The judge can
logical abuse. Communities should estab-
risk of international child abduction. order periodic review of the case and can
lish supervised visitation centers so that,
when necessary, parents can safely drop Innovative adaptations of custody media- monitor adherence to the custody and
off and pick up their children and visita- tion have been developed for use with high- visitation orders. Although the discretion
tions can be properly supervised. conflict and high-risk families. Impasse- to undertake greater case management
directed therapeutic mediation or a briefer responsibilities has always been available
diagnostic and referral intervention for to the courts, few have taken advantage
Services for High-Risk and of this power on a systematic basis with
High-Conflict Families groups or for individual families, as uti-
lized in the Intervention Study, is an high-conflict families.
Disputing Custody
effective means of reducing conflicts and
Problem 1: The traditional processes for the possibility of abduction, particularly Protection of Children’s
determining custody are not sufficient when paired with legal constraints (e.g., Interests and Needs
or appropriate for many high-conflict restraining orders) and needed services Problem 1: Under current Federal and
families—especially those who are also (e.g., legal advice or substance abuse State law, abduction is not a crime
at risk for abduction. Custody mediation treatment). Counselors who have con- against the child. Under current law, the
as usually practiced is not effective with ducted impasse-directed mediation with parent whose custody or visitation rights
highly contentious families. They often groups have found that this intervention have been interfered with by the abduc-
return to court to relitigate custody and has reduced conflict and relitigation and tion of his or her child is the victim of
visitation issues—not to resolve parental is less costly than the individual family family abduction. The law casts abducted
conflicts. Adjudication can result in a model (Johnston and Campbell, 1988; children as possessions that parents have
well-crafted order, but high-conflict par- Johnston and Roseby, 1997). rights in, not as victims of a crime.
ents often do not carry out the terms
of the order (e.g., accessing services Many high-risk and high-conflict families Recommendation: Modify laws so that
ordered to help them with various prob- need ongoing oversight and monitoring. family abductions are crimes against the
lems). Consequently, the children con- For the children’s sake, there needs to be child. In lieu of, or in addition to, criminal
tinue to be exposed to harmful and a means of checking whether parents are custodial interference laws that recognize
conflictual situations. honoring the terms of the custody and visi- the rights of the left-behind parent, laws
tation orders. Are parents going to court- should recognize that family abduction is
Recommendation: Offer high-risk and ordered counseling or drug treatment? a type of abuse against the child. Child
high-conflict families innovative ap- Have parents attended to the child’s spe- victims of abduction should be eligible for
proaches that address custody conflicts. cial medical needs? Have court-ordered services under the Victims of Crime Act,
Courts, family attorneys, and mental parental visitations been carried out with- 42 U.S.C. § 10601.7
out incident? Have there been further alle-
6
gations of abuse? Has supervised visita-
Although men can be victims of domestic violence,
the majority of these victims are women.
tion been properly supervised? Have the

10
Problem 2: Children can be harmed by there was no full hearing on the best inter- Johnston, J. 1998a. Descriptive study of pre-
recoveries, postabduction placements, ests of the child. In these cases, a hearing ventive interventions in families at-risk for
and custody orders that abruptly disrupt should be scheduled promptly after the abduction. In Prevention of Parent or Family
their relationship with their primary child is recovered to determine custody Abduction Through Early Identification of Risk
Factors, edited by J.R. Johnston, I. Sagatun-
parent. Although society increasingly and visitation, as ex parte orders are meant
Edwards, M. Blomquist, and L.K. Girdner.
recognizes that the child is harmed when to be temporary. As appropriate, judges Washington, DC: American Bar Association,
his or her relationship with a caring left- should consider alternatives to abrupt Center on Children and the Law.
behind parent is disrupted, society may not shifts in the child’s caretaking arrange-
fully understand the problems that arise ments, so that the child can gradually enter Johnston, J. 1998b. Empirical study of two
when the bond between the child and his into new arrangements, building the parent- counseling interventions in families at-risk for
abduction. In Prevention of Parent or Family
or her abducting parent is disrupted. The child relationship over time.
Abduction Through Early Identification of Risk
child should not inadvertently be punished Factors, edited by J.R. Johnston, I. Sagatun-
for the parent’s actions, particularly if the Creation of Unified Edwards, M. Blomquist, and L.K. Girdner.
child’s primary bond is with that parent. In Family Courts Washington, DC: American Bar Association,
some instances, the child is more trauma- Center on Children and the Law.
tized by these disruptions than by the ac- Problem 1: Currently, judges often lack
tual abduction. In cases of long-term abduc- access to information about other legal Johnston, J. 1998c. Interview study of risk fac-
proceedings affecting the child or the tors for family abduction. In Prevention of Par-
tion, the child may be returned to a parent ent or Family Abduction Through Early Identifi-
who is virtually a stranger and be cut off parents. Spousal abuse and child abuse and
neglect are factors in many abducting fami- cation of Risk Factors, edited by J.R. Johnston,
from the only known parent. I. Sagatun-Edwards, M. Blomquist, and L.K.
lies or those at risk for abducting, yet there
Girdner. Washington, DC: American Bar Asso-
Recommendation: Involve social services is little or no coordination among the ciation, Center on Children and the Law.
at each phase of decisionmaking that courts that handle child custody, child
affects the child and minimize the disrup- abuse and neglect, spousal abuse, sub- Johnston, J. 2000. Building multidisciplinary
tion to the child’s relationship with a pri- stance abuse, and criminal custodial inter- professional partnerships with the court on
mary parent. Law enforcement officers and ference cases. Lack of information from the behalf of high conflict divorcing families and
their children: Who needs what kind of help.
social services should coordinate their ef- juvenile, other civil, or criminal courts can
University of Arkansas at Little Rock Law Re-
forts when the officers plan to recover the lead to inappropriate and unsafe custody view 22(3):453–479.
child or arrest the abductor. These two arrangements that may increase risks for
groups should know enough about the case children, including abduction risk. Johnston, J., and Campbell, L. 1988. Impasses
to assess whether the child would experi- of Divorce: The Dynamics and Resolution of
ence harm if unaccompanied by the abduct- Recommendation: Establish unified family Family Conflict. New York, NY: Free Press.
ing parent during the recovery and return courts that have an integrated approach
Johnston, J., and Roseby, V. 1997. In the Name
or to determine whether the abducting to cases involving the same family. Unified
of the Child: A Developmental Approach to Un-
parent presents a potential physical or family courts allow for systematic case derstanding and Helping Children of Conflicted
flight risk to the child. A mental health or management, integration of evaluation and and Violent Divorce. New York, NY: Free Press.
social services professional should also be treatment services, and coordinated deci-
sionmaking in cases involving the same Johnston, J.R., Sagatun-Edwards, I., Blomquist,
present when the child is reunited with the M., and Girdner, L.K. 1998. Prevention of Parent
left-behind parent or soon after. This profes- family. This system produces better deci-
or Family Abduction Through Early Identifica-
sional can help facilitate the child’s transi- sions, reduces the confusion of parties, and
tion of Risk Factors. Final Report. Washington,
tion and ease the feelings of anger, guilt, uses resources more efficiently than cur- DC: American Bar Association, Center on Chil-
and fear that often accompany it. rent systems. Both the American Bar Asso- dren and the Law.
ciation and the National Council of Juvenile
If the left-behind parent obtained an ex and Family Court Judges have long been Sagatun-Edwards, I. 1998. Documentary study
parte (without notice to the other party) committed to the unified children and of risk factors for family abduction. In Preven-
tion of Parent or Family Abduction Through
custody order after the abduction, then family courts concept. A unified family
Early Identification of Risk Factors, edited by
court would reduce many of the problems J.R. Johnston, I. Sagatun-Edwards, M. Blom-
already described. quist, and L.K. Girdner. Washington, DC: Ameri-
7
In 1990, the Crime Control Act, Pub. L. No. 101–647, can Bar Association, Center on Children and
tit. V, §§ 502–503, 104 Stat. 4820 (codified at 42 U.S.C. §§
the Law.
10606–10607 (1990)), established a new framework for References
victims’ rights by creating the first Federal bill of rights Wilson, M., and Daley, M. 1993. Spousal homi-
for victims of crime. This legislation, referred to as the Blomquist, M. 1998. Studying risk factors for
cide risk and estrangement. Violence and Vic-
Victims’ Rights Act (or the Victims’ Rights and Restitu- family abduction. In Prevention of Parent or
Family Abduction Through Early Identification tims 8(1):3–16.
tion Act of 1990), requires Federal law enforcement
officers, prosecutors, and corrections officers to use of Risk Factors, edited by J.R. Johnston, I.
their “best efforts” to ensure that victims receive basic Sagatun-Edwards, M. Blomquist, and L.K.
rights and services. In 1994, the Violent Crime Control Girdner. Washington, DC: American Bar Asso- Supplemental Reading
and Law Enforcement Act, Pub. L. No. 103–322, tit. IV, ciation, Center on Children and the Law. The following sources provide additional
§§ 40113, 40221, 40503, tit. XXV, § 25002(a), tit. XXIII, information on parental abduction:
§ 230101(g), 108 Stat. 1904–2078 (codified at 42 U.S.C. Feld, S.L., and Straus, M.A. 1990. Escalation and
§ 10607(c)7, 14011(g); 18 U.S.C. §§ 2263–2264, 2248, resistance from wife assault in marriage. In Johnston, J.R., and Girdner, L.K. 1998. Early iden-
2259; and at Fed. R. Crim. P. 32 (1994)), created addi- Physical Violence in American Families: Risk tification of parents at risk for custody violations
tional new rights for victims of sexual assault, domes- Factors and Adaptations to Violence in 8,145 and prevention of child abductions. Family and
tic violence, and child abuse. Families, edited by M.A. Straus and R. Gelles. Conciliation Courts Review 36(3):392–409.
New Brunswick, NJ: Transaction, pp. 489–505.

11
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Bulletin NCJ 185026

Johnston, J.R., Girdner, L.K., and Sagatun-


Edwards, I. 1999. Developing profiles of risk for Acknowledgments
parental abduction of children from a compari-
son of families victimized by abduction with Janet R. Johnston, Ph.D., is Associate Professor in the Administration of Justice
families litigating custody. Behavioral Sciences Department, San Jose State University, and Executive Director of the Judith
& the Law 17:305–322. Wallerstein Center for the Family in Transition. Inger Sagatun-Edwards, Ph.D., is
Professor in and Chair of the Administration of Justice Department, San Jose
This Bulletin was prepared under grant State University. Martha-Elin Blomquist, Ph.D., is Assistant Professor in the School
number 92–MC–CX–0007 from the Office of of Criminology and Criminal Justice, Florida State University, Panama City. Linda
Juvenile Justice and Delinquency Prevention, K. Girdner, Ph.D., was Director of Research at the American Bar Association
U.S. Department of Justice. Center on Children and the Law during the time of the grant project.
Points of view or opinions in this document are Photograph page 9 copyright © 2001 PhotoDisc, Inc.
those of the authors and do not necessarily
represent the official position or policies of
OJJDP or the U.S. Department of Justice, nor
have they been approved by the House of
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