Title 18, United States Code, Section 1204, enacted in 1993, makes it an offense to remove a child who has been in the United States from the United States with the intent to obstruct the lawful exercise of parental rights. Such an offense is punishable by a fine under Title 18, imprisonment for not more than three years, or both.

Consultation with the Office of International Affairs is appropriate to determine the possibility for extradition in advance of charging. Additionally, consultation with the Department of State’s Office of Children’s Issues is appropriate to determine the possible impact that initiating a prosecution may have on the return of the child pursuant to Hague Convention remedies.

[cited in JM 9-69.421] [updated January 2020]