Thompson v. Thompson: The Jurisdictional Dilemma of Child Custody Cases Under the Parental Kidnapping Prevention Act
Year: 1989
Type: article
Abstract: These figures reflect the estimated number per year of children "snatched" or "kidnapped" by a parent as of the time the Parental Kidnapping Prevention Act was enacted.Thompson v. Thompson, 108 S. Ct. 513, 517 (1988); see Parental Kidnapping Prevention Act of 1979: Joint Hearing on S. 105 Before the Subcomm.on Criminal Justice of the Comm.on the Judiciary and the Subcomm.on Child and Human Development of the Senate Comm. on Labor and Human Resources, 96th Cong., 2d Sess. 10 (1980) [hereinafter PKPA Hearing] (statement of Sen. Malcolm Wallop).The Library of Congress estimated the lower figure and Children's Rights, Inc. estimated the higher figure.Id.2. See infra notes 18-23 and accompanying text.3. Often times, such conflicting judgments cause each parent to try to obtain physical custody of the child in order to bring the child into the state in which the favorable custody decree has been entered.See Commonwealth ex rel.Thomas v. Gillard, 203 Pa.Super.95, 198 A.2d 377 (1964) (mother, who had a valid custody decree in Pennsylvania, resnatched the child from the father, who had obtained a valid decree in California); see also In re Guardianship of Rodgers, 100 Ariz.269, 413 P.2d 744 (1966) (mother resnatched daughter in order to obtain an Arizona decree when the father refused to relinquish the child after a visit pursuant to visitation rights in Texas, where he later was awarded full custody).4. UNIF.
Author: Steven M. Schuetze
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W219117756