What is NCMECs position about domestic violence allegations in family abductions?
It has been NCMEC’s experience that in the vast majority of family abduction cases, battering of the spouse and/or children is not an issue or, as is true in many of our family abduction cases, it is the batterer who takes the child as another method of power and control over the spouse. Allegations of domestic violence in family abduction cases are valid but only in a small minority of cases. NCMEC supports legislation that allows battered mothers to flee with their children to avoid imminent harm but they must then interface with the family court system in order to resolve the issues (this can ensure that the mother and child receive protections that can be enforced by a court of law). Most state criminal statutes provide a defense of fleeing violence to a charge of criminal custodial interference. NCMEC encourages concerned parties to investigate whether their state has the violence defense to custodial interference. Click here to download State Criminal Custodial Interference Statu
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