New Lawyers Tip (Continued from page 25)
the general community has very little incentive to remain in the area. It is a particular concern where the parent has family or community ties in an- other community, which is idealized by the parent as a better place to be. There is little emotional incentive for the parent to remain. Id.
3. Consider the financial situation of the parents. Has one parent liquidated assets or withdrawn a significant sum of funds unnecessarily or without ex- planation, thus giving them access to cash and providing the means for mo- bility for the parent and child. There may also be a recent and unexplained history of borrowing money with the same result of providing liquidity. Moreover, the parent who is unem- ployed or homeless may also be of concern. They have very little to lose by abducting the child and disappear- ing. Id.
4. Stay in tune to the parent who has made repeated allegations of child abuse against the other parent. But, of particular concern is the parent
whose allegations have been met with little or no response from the court and/or the parties involved or where there has been an investigation with findings contrary to the assertions of the parent. This parent may then in- ternalize that their concerns have gone unheeded, thus, the Court and the parties involved have left them no op- tion but to remove the child and go into hiding. Id.
5. You should be cautious of a parent with a history of mental illness and in par- ticular any illness, which manifest with symptoms of delusions, paranoia, and/ or psychotic behavior. The parent’s loose grip on reality may lead to im- pulsive or irrational behavior with little to no comprehension of the conse- quences of their actions. Id.
6. Finally, be cognizant in cases where the parents are of two different cultures or citizens of different countries. This can present a high risk for an interna- tional abduction, possibly to a country which would act more favorably to the abducting parent. This risk is intensi- fied if the child has dual citizenship leading to unchallenged travel from the United States to another country. Stay
alert to the parent who identifies with a country other than the United States and perceives himself/herself isolated in the United States. Id.
Court Orders
The first defense to parental abduction is often the Custody Order. Depending on the Court, you as the attorney, may present the Court with a proposed order. If the judge decides to draft the order, during your closing arguments you may want to request that some or all of the following provisions be included. Either way, the following may assist your client: 1. Clearly state which parent is the cus- todial parent and the timing of all visits. Always remember that non-le- gal persons such as a police officer may be interpreting the language of your order. Ambiguities make it harder to convince someone that the other par- ent is in violation of the order.
2. Include language that prohibits the non-custodial parent from removing or relocating the minor child from the country or state without the WRIT- TEN consent of the custodial parent.
3. The order should clearly forbid the non-custodial parent from seeking a passport for the minor child. The court may also order the custodial par- ent to seek and maintain a current passport for the minor child. If the custodial parent does maintain the passport for the child, they may also participate in the State Department’s Passport Lookout Program. The Look- out Program will place an alert with the child’s name and the name of the custodial parent.
Thereafter, when
someone other than the custodial par- ent seeks a passport for the child, the State Department will refuse to issue a new passport and the custodial parent or their attorney will be notified of the attempt. You should note that the State Department cannot revoke a passport that has already been issued to a parent before the child was placed in the Lookout Program, so it is very important for the custodial parent to follow through with obtaining the passport and registering the child.
4. The Court order can also specify that federal, state and/or local law enforce- ment may accompany and assist the custodial parent to recover the minor
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