In honor of National Missing Children’s Day, learn how the FBI investigates these crimes and how to report suspected cases.
Source: Federal Bureau of Investigation
Images: Courtesy
Every year, children are wrongfully removed from or retained outside the U.S. in violation of parental rights. International parental kidnappings (IPK) of U.S. children have been reported in countries all over the world.
The FBI pursues criminal action in these kidnappings on an individual basis. From 2024 to present, the FBI has worked on 145 IPK cases.
We recently spoke to FBI Special Agent Ingrid Arbuthnot-Stohl of FBI Seattle about the FBI’s roles in IPK cases. Learn more—including how to report suspected IPK and how to keep your kids safe—in the Q&A below.
Q&A
Q: What is international parental kidnapping?
A: International parental kidnapping falls under title 18 U.S.C. 1204, which is the International Parental Kidnapping Crime Act of 1993. It defines a parent or guardian who removes or attempts to remove a child who has not yet reached the age of 16 from the U.S. with the intent to obstruct the parental or custodial rights of another parent or guardian.
Parental rights can include full or partial custody or visitation rights. The punishment for that if you are found guilty would be up to three years in prison and/or a fine.
The act makes exceptions for special circumstances, including a parent and child fleeing domestic violence. It also applies when one parent isn’t able to return the child due to an unforeseen circumstance, such a flight cancellation or whether delay—and has made reasonable attempts to notify the other parent (or guardian) within 24 hours and then returns the child as soon as possible. These are scenarios that the FBI would look into as an investigative lead, but the case might end up as a civil matter at that point rather than a criminal matter.
An IPK case could arise from a number of different scenarios. It is common for the removal of a child to occur during a heated or emotional marital dispute, in the early stages of separation or divorce, or in the waiting period for a court custody order or agreement.
Other scenarios could include:
- A foreign national marries a U.S. citizen and is raising their child in the U.S.—but the rest of their family and support network is still overseas. If the parent taking the child out of country—the taking parent—feels they have more financial and familial support overseas, then they may decide that moving back to that environment is actually what’s best for the child because of their extended network there
- A recently divorced parent who doesn’t have any financial assets of their own might not be able to afford to fight for the custody they want in court, so they decide to leave the country with their child instead.
- Sometimes IPKs are motivated by pure spite—treating the child as a commodity in a form of revenge against the other parent.
Q: How does the FBI become involved in IPK investigations?
A: The FBI becomes involved in IPK cases when it’s been proven or there’s an accusation of a parent or guardian leaving the U.S. with a child in violation of custodial rights.
When this happens, federal law enforcement, in coordination with a federal prosecutor, may seek an Unlawful Flight to Avoid Prosecution (UFAP) arrest warrant against the taking parent. In other cases, the FBI may treat a kidnapping or attempted kidnapping as a felony under the International Parental Kidnapping Crime Act (IPKCA) and open an investigation. IPKCA investigations may also be initiated by parents or by state prosecutors or other law enforcement.
Q: What makes IPK cases complex from a legal standpoint?
A: Once that child is in a foreign country, what the FBI can do becomes extremely limited because we do not have legal authority in someone else’s country.
Every country has their own ideas of what parental rights and children’s rights are. And that’s a tough spot when countries may have opposing views. For instance, something that’s considered a crime in the U.S. may be viewed as just a parental dispute in another country. A U.S. court order about custody may not be recognized on foreign soil. And so, it can turn into an extremely complicated legal battle on what custody rights actually mean when you start crossing borders.
“You need to reiterate over and over again that your child should not be used in your dispute. Your child is not a person or a token or something to be used as bait for the other parent. This is your child who has feelings and has friends and a home and a heart, and your child deserves to be taken care of and respected.”
– Ingrid Arbuthnot-Stohl, special agent, FBI Seattle
Q: How does the FBI approach IPK cases where the kidnapped child is a U.S. dual citizen?
A: Almost all the international parental kidnappings that I have observed or been involved with include children with dual citizenship between the U.S. and another country. One parent will have citizenship to a non-U.S. country, or they may also be a U.S. dual citizen.
The FBI works very closely with the U.S. Department of State in these instances to find a diplomatic solution.
This is easier if the country has signed the Hague Convention on Civil Aspects of International Child Abduction, which is just commonly referred to as the Hague Convention. It’s a treaty that was designed to address child abduction across international borders. It was implemented in around 1983 and provides a legal process for the return of children who have been wrongfully taken or retained in another country without the consent of one parent or in violation of a court order.
There are currently over 100 countries that have signed the Hague Convention, including the U.S. This treaty promotes cooperation between countries and prioritizes the prompt resolution of IPK cases to protect children’s rights, and it’s enforced through the International Abduction Remedies Act. If another country has signed that treaty, the U.S. has more ability to negotiate.
Q: What is the impact of IPK on a child victim?
A: International parental kidnapping can have serious emotional, psychological, and even physical consequences for the abducted child.
When children are wrongfully taken abroad or kept in another country, they may be initially traumatized by differences in customs and language, movement from place to place, and assumption of a new identity. Over time, the child may be forced to adapt to a completely new culture, language, and school environment. Completely separated from familiar friends and extended family, abducted children may suffer a sense of isolation or develop an unhealthy bond with the taking parent. The child also may develop a skewed perspective on one or both parents based on the influence of the abducting parent.
Q: What are steps a parent can take to help prevent an IPK scenario?
A: Often in a divorce, you’re going to have a temporary custody agreement. And in that agreement, parents can ensure that there are travel restrictions. For example, a child might not be allowed to travel internationally before a certain age, or the child’s passport is held by one parent.
The Department of State provides additional guidance on what to do to help mitigate or prevent this international child abduction threat. One of the things that you can do is enroll in the Children’s Passport Issuance Alert program, which is a free service through the U.S. Department of State to alert a parent or legal guardian when someone applies for a U.S passport for their child.
If you learn that the other parent or guardian has intent—but not permission—to travel internationally with your child, you can file a notice to the airline saying that you’re in a custody dispute and that the child does not have your permission to travel. Just make sure that you have all the legal documents to back up your claim.
In addition, you can contact the country’s consulate to notify them that your child does not have permission to travel. And if the taking parent attempts to get a foreign passport or claims that a passport has been lost and they’re trying to get a renewal passport, you can let them know that there is a custody situation and that they do not have permission.
How FBI victim services assists in IPK cases
The victim specialist plays a critical role in supporting the minor victim and searching parent by providing essential assistance through what can be a highly complex and emotionally charged process, says Rose Pierro Arthur, victim specialist, FBI Seattle.
It’s about creating a safe space for the searching parent to tell, in their own words, what they’re going through. The focus is to ensure the safety, the well-being, and rights of the victims, and we prioritize that during the investigation. We’re there to support the searching parent, or parent whose child has been taken, providing:
- emotional support to the searching parent who may be going through significant distress, anxiety or even depression due to the abduction of their child
- crisis intervention during the immediate aftermath of the abduction, helping the searching parent navigate the emotional and logistical challenges of IPK cases
- clear, compassionate communication to the searching parent, given the high emotional stakes
In an IPK case, we need that communication to feel supportive and to explain the legal and procedural processes and steps. We provide regular updates to the searching parent about the status of the investigation, and we explain challenges and timeliness involved in IPK cases. We’re also there to address delays and setbacks in the investigation or legal processes, and we help the searching parent navigate the stress of that prolonged uncertainty.
Victim specialists not only support the searching parent, but we advocate for the missing child, offering psychological support and ensuring the child’s emotional well-being is being considered throughout all steps of the investigative process, up to and including that reunification between the searching parent and the missing child.
We provide referrals and access to support services and collaborate with child protective services, mental health professionals, and other social services to ensure the searching parent and child are receiving comprehensive support. We also ensure the child receives practical support by making referrals to medical services, mental health support, peer resources, and other services based on the needs of the victim and the family.
Q: What should a parent do if they believe their child has been abducted from the U.S. and taken abroad by the other parent?
A: If you fear that the other parent is about to kidnap—or already has kidnapped–your child, do not delay in reporting it. Contact law enforcement immediately because it’s easier to recover a child from an abduction in process than it is once they’ve left the country.
If your child has been abducted, the first thing you need to do is file a local police report, whether that’s with your city, your county—whoever or whatever jurisdiction you fall in. You can simultaneously file a federal report to prompt the FBI to get involved in their case faster. We work very closely with our local partners in that regard.
When filing a police report, be prepared to provide the following documents and information:
- your birth certificate
- the child’s birth certificate
- taking parent’s birth certificate
- any legal paperwork that shows custodial rights
- copies of passports for the child and the taking parent—both U.S passports and foreign passports
- recent photographs of both the taking parent and the child
- any flight information you’re aware of or airlines they may travel on
- banks where they may have their finances
- phone numbers for the taking parent and any family or friends abroad
- addresses for family members abroad
- any addresses they said they’d be going to (for example, if they’re supposed to be going on vacation but don’t come back)
- social media accounts
- additional details about the child, e.g., special needs
- relevant emails and text messages
Once you have law enforcement involved, this is not often a quick process. You have to remain patient, and you have to trust the process. There are so many things in IPKs that happen behind the scenes that we might not discuss because those are highly sensitive matters with other countries—but I promise we are working to bring your child home.
Q: What advice would you offer the parent who’s hoping to get their child back in an IPK investigation?
A: The most important thing to have is a robust support system. You need people in your corner to hold your hand and remind you that you are not a terrible person—this is a terrible situation.
Q: How does the FBI partner with other organizations during these investigations?
A: The FBI works with local law enforcement and may also collaborate with the U.S. Department of State and the U.S. National Central Bureau–International Criminal Police Organization (USNCB–INTERPOL), as well as the National Center for Missing and Exploited Children (NCMEC), a non-law enforcement, nonprofit organization. NCMEC will issue missing child notices, which are international alerts that declare a child missing and alert Interpol, which is the international police organization, that this child is missing.
FBI Victim Services will also share background information on the searching parent’s concerns, the missing child’s history, or any other relevant details that could help investigators.
Q: How do we approach international parental kidnapping cases and situations where a child may have been moved to a country where the U.S. may have limited, strained, or non-existent diplomatic channels?
A: We have offices all over the world with FBI personnel. And even if we don’t have representation in that particular country, we will have a regional presence nearby.
Our closest office would work with the Department of State and that embassy, who would then reach out diplomatically to the foreign government. There are always opportunities for negotiation. The foreign country wants to take care of their citizens and uphold their values. We want to do the same. And I think that’s a good starting point for any negotiation—we all really care about our children and want to see what’s best for them.
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