ATTORNEYS AT LAW 1009 W 7TH AVENUE ANCHORAGE, ALASKA 99501 TELEPHONE: (907) 279-4529 FAX: (907) 279-9223
by Steven Pradell
A parent in a custody dispute may fear that the other parent will remove the child from the state of Alaska without consent and keep the child in hiding. This issue has received national attention and Federal and State laws have been adopted which address this problem.
In 1977, the Alaska Legislature enacted the Uniform Child Custody Jurisdiction Act. One of the chief purposes of these laws was to deter abductions and other unilateral removals of children by people seeking to obtain custody awards. In 1980, the United States Congress passed the federal Parental Kidnapping Prevention Act, noting that "parties involved in [child custody] disputes. . . frequently resort to the seizure, restraint, concealment, and interstate transportation of children." The legislation established a national system for locating parents and children who travel from one state to another and are concealed in connection with custody disputes. These laws were enacted to deter interstate abductions and other wrongful removals of children undertaken to obtain custody and visitation awards.
In Alaska, both Kidnapping and Custodial Interference are crimes. If a relative of a child who is under 18 causes the child to be removed from the state knowing that the person has no legal right to do so, this action is a crime which is a class C felony.
There are steps parents may take in advance to assist them in preventing abductions from occurring. Maintain a complete set of records on the child, including medical and educational records, photographs, fingerprints and a detailed description of the child's identity. Insure that the child knows his or her full name, address, phone number, to avoid strangers and how to call 911 and the operator. Obtain a passport for the child.
If you are concerned that a child may be abducted, there a certain steps which may be taken to protect the child. A judge in a custody dispute can impose certain restrictions in an order which could apply to schools and other providers for the child. Insure that visitation and custody provisions are specifically set forth in the order so that it is clear who has custody, and the exact times, dates, and procedure in which visitation must be exercised. Keep certified copies of court orders for custody and visitation at home or on your person in case an emergency situation arises. If an emergency exists, you may attempt to seek a domestic violence restraining order, asking a court to prevent removal of a child. The police and the airport security staff can assist you if a child has been abducted. Since kidnapping across state lines is a federal offense, the FBI and other federal and state agencies may become involved to assist in locating a missing child.
It may be wise to consult with an attorney if you have concerns that someone may prevent visitation or remove a child from your custody. Many attorneys will consult with potential clients for a nominal fee to answer questions and define the services they offer.
Steven Pradell is an Anchorage attorney with a practice emphasizing family law, including child custody, divorce, child support and adoption. © 1997 by Steven Pradell. This article is not intended to provide legal advice and should not be relied on for that purpose. The law office of Pradell and Associates provides low cost legal consultations. A helpful staff provides prompt, courteous services to meet your legal needs. Give Pradell and Associates a call today, at (907) 279-4529-- (279-4LAW).