Defining Family Abduction
For the purposes of NISMART2, family abduction was
defined as the taking or keeping of a child by a family member
in violation of a custody order, a decree, or other legitimate
custodial rights, where the taking or keeping involved some
element of concealment, flight, or intent to deprive a lawful
custodian indefinitely of custodial privileges.
Some of the specific definitional elements are as follows:
- Taking: Child was taken by a family member in violation
of a custody order or decree or other legitimate custodial
- Keeping: Child was not returned or given over by
a family member in violation of a custody order or decree
or other legitimate custodial right.
- Concealment: Family member attempted to conceal
the taking or whereabouts of the child with the intent to
prevent return, contact, or visitation.
- Flight: Family member transported or had the intent
to transport the child from the State for the purpose of
making recovery more difficult.
- Intent to deprive indefinitely: Family member indicated
an intent to prevent contact with the child on an indefinite
basis or to affect custodial privileges indefinitely.
- Child: Person under 18 years of age. For a child
15 or older, there needed to be evidence that the family
member used some kind of force or threat to take or to detain
the child, unless the child was mentally disabled.
- Family member: A biological, adoptive, or foster
family member; someone acting on behalf of such a family
member; or the romantic partner of a family member