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Can CBP Stop International Parental Child Abduction at the Border?

CHILD ABDUCTION PREVENTION AT AIRPORTS AND BORDERS

Can CBP Stop International Parental Child Abduction at the Border?

CBP operates a Prevent Abduction Program in coordination with the Department of State and other agencies. The program can help identify and intercept attempted international travel when there is a qualifying child-abduction case supported by a valid, enforceable U.S. court order prohibiting the child’s removal from the United States.

Important Steps Can Include

  • Obtain an enforceable court order
  • Contact Department of State Children’s Issues
  • Notify law enforcement
  • Request NCIC entry when appropriate
  • Provide known travel details

Federal Law Addresses International Parental Child Abduction

18 U.S.C. §1204 criminalizes specified removal or retention of a child outside the United States with intent to obstruct another person’s lawful parental rights.

CBP Has a Specific Prevent Abduction Program

Current CBP guidance states that its Prevent Abduction Program works with the Department of State Office of Children’s Issues to help prevent international parental child abduction.

The program is different from simply arriving at an airport with a verbal objection to the child’s travel.

A Valid Enforceable Court Order Is Central

CBP states that qualifying Prevent Abduction Program cases must include a valid, enforceable U.S. court order indicating that the child is prohibited from being removed from the United States.

CBP Can Create Travel Alerts

For qualifying cases, CBP creates travel alerts for the child and potential abductor and monitors passenger information associated with commercial travel.

CBP Uses APIS Information

CBP states that the program monitors Advance Passenger Information System data in real time and compares commercial passenger information against applicable travel alerts.

CBP Can Coordinate an Interception

When a qualifying travel alert matches planned travel, CBP coordinates with the Department of State, officers at the airport, seaport or land border and local law enforcement concerning enforcement of the court order.

The United States Does Not Have Routine Exit Controls for Every Child

Department of State guidance cautions that the United States does not routinely stop every departing child to verify consent from both parents.

A parent concerned about imminent abduction should not assume that ordinary airport processing will automatically stop the child.

Take Immediate Action if Abduction Is Imminent

  • Contact local law enforcement.
  • Provide custody orders and travel-restriction orders.
  • Ask about NCIC entry where appropriate.
  • Contact airport police if the airport is known.
  • Contact the Department of State Office of Children’s Issues Prevention Team.
  • Provide flight, passport and possible-abductor information.

CPIAP Is Different From the CBP Prevent Abduction Program

The Department of State Children’s Passport Issuance Alert Program alerts an enrolled parent or guardian when someone applies for a U.S. passport for the child. CPIAP does not by itself prevent a child who already has a valid passport from traveling internationally.

The CBP Prevent Abduction Program instead concerns travel interception in qualifying cases supported by appropriate legal orders.

Frequently Asked Questions

Can CBP stop my child from leaving because I object?

The strongest federal prevention mechanism described by CBP involves a qualifying case with a valid, enforceable court order prohibiting removal of the child from the United States.

Does CPIAP automatically stop travel?

No. DOS states that CPIAP monitors U.S. passport applications but cannot by itself stop a child who already possesses a valid passport from traveling.

What if the child is about to leave today?

DOS advises immediately contacting law enforcement, airport police where relevant and its Office of Children’s Issues Prevention Team and providing any court orders and known travel information.

Act Immediately When International Child Abduction Is a Real Risk

A clear court order, rapid notice to law enforcement and coordination with the Department of State and CBP can be critical when travel is imminent.