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- NC Family Law Resource Center
Under North Carolina law (N.C. Gen. Stat. § 14-39), kidnapping is the crime of taking a person against his or her will from one place to another, if done for the purpose of ransom, furthering another crime or while fleeing after committing a felony, harming the person or holding him or her for sexual reasons. If that person is 16 or under, the consent of the parent or legal guardian is required before he or she is confined, restrained or removed from one place to another.
If you suspect that your child may be taken out of state without your consent, you may be able to seek an emergency custody order, emergency restraining order and seek to have visitation limited or supervised.
If your child has been taken out state without your permission, kidnapping may have occurred. However, every situation is different and may depend upon whether there is a custody order violation, children have been concealed and whether parents are married or paternity has been established. In this situation, is in your best interests to contact an experienced attorney, law enforcement agencies or both.
If you fear that your child may be taken out of the United States without your consent, you can seek a restraining order or ask a judge to seize your child’s passport. If your child does not have a passport, but you fear that his or her other parent will try to obtain one without your consent, you can enroll in The Children’s Passport Issuance Alert Program (CPIAP) through the U.S. State Department.
The CPIAP allows parents to register their U.S. citizen children under the age of 18 in the Department’s Passport Lookout System. If a passport application is submitted for a child who is registered in the CPIAP, the Department contacts and alerts the parent or parents.
The passport lookout system gives all U.S. passport agencies, as well as U.S. embassies and consulates abroad, an alert on a child’s name if a parent or guardian registers an objection to passport issuance for his or her child. This procedure provides parents advance warning of possible plans for international travel with the child.
To enter your child into the program, you will have to complete the Entry Request Form, provide proof of your identity (a photocopy of your driver’s license or other ID card), and submit a photocopy of your child’s birth certificate or other documentation to show that you are the child’s parent or legal guardian.
Mail, fax or email these items to Passport Services, Charleston Passport Center:
U.S. Department of State
Passport Services, Charleston Passport Center
Attn: Children’s Passport Issuance Alert Program
1269 Holland Street, Building D
Charleston, SC 29405
Note: If your child has dual citizenship, then he or she may be able to travel out of the country on the passport of the foreign country. The State Department cannot regulate passports from a different country, so you may want to contact that country’s embassy or consulate to ask if they have a similar program. You will find contact information for embassies and consulates at http://www.travel.state.gov/.
Out of state orders can generally be in enforced in North Carolina as long as:
According to the North Carolina Department of Public Safety, if a child is missing, family and friends should immediately notify local law enforcement and:
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