International Parental Kidnapping Gordon Rea

THREE CONCURRENT PROCESSES LOCAL MOTIONS Establish Jurisdiction State Law, Federal Law, and Treaty HAGUE CONVENTION APPLICATION Application for Return of children. Citing Local Motions LETTERS ROGATORY Sovereign to Sovereign Prevent Collateral Attack

Letters Rogatory Local Motions In Missouri Police/FBI reports. Default docket. Establish no defense exists to the absconding. Initial Motion to Modify PDL Motion – Declaring Jx of MO Court. – Establishing right of custody. Motion to Quash Withholding Order

Letters Rogatory Central Authority U.S.A. Letters Rogatory Central Authority Peru Letters Rogatory Process

Hague Convention Application Central Authority U.S.A. Hague Convention Application Central Authority Peru Hague Convention on Civil Aspects of International Child Abduction

Letters Rogatory Local Motions In Foreign Jx Handle Hague Convention Appeals Handle Appeals to US Motions. Service of Process – Local police – Local attorney Prevent Collateral Attack Work with Central Authority Establish Child Support and Demand Visitation

PEOPLE RESOURCES Local Attorney Certified Translator Local Attorney in Foreign Jurisdiction Certified Letters Rogatory Agency Local Police – here and in foreign Jx. FBI Foreign Process Server Director of “Central Authority”

Getting the Police Involved Parental Kidnapping; § RSMo Parental kidnapping is committed in the absence of a court order determining rights of custody or visitation to a child, when a person having a right of custody of the child removes, takes, detains, conceals, or entices away that child within or without the state, without good cause, and with the intent to deprive the custody right of another person or a public agency also having a custody right to that child. A person may be prosecuted under the statute even though he subsequently obtains a court order for custody or visitation. Interference With Custody; § RSMo The crime of interference with custody is committed if the defendant, knowing he has no legal right to do so, takes or entices from legal custody any person entrusted by order of a court to the custody of another person or an institution. This offense can be committed by refusing to return a child at the conclusion of court-authorized temporary custody or visitation, as the statute's purpose is to protect all court-ordered custody against unlawful interference. Interference with custody can be a lesser included offense of child abduction.

Service of Process Learn what service is “best” in foreign Jx. Personal service with – Pictures – Police statement. Service required at least three times: – Beginning – Pre trial – At conclusion of local motions.

Translation Translation is not simply trading languages. Must convey legal concepts in local legal language.

Child Support Child support can be quashed in Missouri. Child support should be submitted in foreign jurisdiction.

References Missouri’s Parental Kidnapping Statute (§ R.S.Mo.) Federal Bureau of Investigation State Department - Regarding Child Abduction State Department Country Specific Information American Bar Association Center on Children and the Law American Bar Association Center on Children and the Law Hague Conference on International Protection of Children, Family and Property Relations National Criminal Justice Reference Service (USDOJ) Resources for Kidnapping The Hague Domestic Violence Project Places to look for reviews on current GPS technology : ZD Net Magazine GPS Magazine