(a) Whoever removes a child from the United States, or attempts to do
so, or retains a child (who has been in the United States) outside the United
States with intent to obstruct the lawful exercise of parental rights shall be
fined under this title or imprisoned not more than 3 years, or both.
(b) As
used in this section—
(1) the
term “child” means a person who has not attained the age of 16 years; and
(2) the
term “parental rights”, with respect to a child, means the right to physical
custody of the child—
(A) whether joint or sole (and includes visiting rights); and
(B) whether arising by operation of law, court order, or legally
binding agreement of the parties.
(c) It
shall be an affirmative defense under this section that—
(1) the
defendant acted within the provisions of a valid court order granting the
defendant legal custody or visitation rights and that order was obtained
pursuant to the Uniform Child Custody Jurisdiction Act or the Uniform Child
Custody Jurisdiction and Enforcement Act and was in effect at the time of the
offense;
(2) the
defendant was fleeing an incidence or pattern of domestic violence; or
(3) the
defendant had physical custody of the child pursuant to a court order granting
legal custody or visitation rights and failed to return the child as a result of
circumstances beyond the defendant’s control, and the defendant notified or made
reasonable attempts to notify the other parent or lawful custodian of the child
of such circumstances within 24 hours after the visitation period had expired
and returned the child as soon as possible.
(d) This
section does not detract from The Hague Convention on the Civil Aspects of
International Parental Child Abduction, done at The Hague on October 25, 1980.
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