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I’ve worked in the area a number of times. First of all, a parent can’t simply run off with the child. Because of the fact that we’re fifty unique states, each state has their own domestic law, but we have a federal system that creates an overarching protective coating, if you will, for the states. We have a series of multistate laws that ensure that the parents have the ability to go to those other states and get their children back. If the parties were residents of the state of Minnesota for more than six months the parent could bring an immediate action in Minnesota to order that the child be returned to the state. They could also, if the child was kidnapped or taken outside of the country, there are other multistate and international laws that could be accessed to order that the child be returned. And those would be things like the Hague Convention, for the prevention of kidnapping. That’s an international law. And also, the Uniform Child Custody Jurisdiction and Enforcement Act that governs how states are to treat one another in making these important decisions.
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Minneapolis, Minnesota family law attorney Marc Johannsen explains how federal and international laws can help return children that have been kidnapped.