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Parental/Family Abductions: Helpful Terms and Legal Glossary, Part III

26 Apr

parent – unless otherwise noted parent refers to a child’s biological parent, a person with legal custody or guardianship of that child, or a person or entity acting in such a capacity on behalf of that child during a crisis whether such is a family member, friend, or governmental agency.

 

parole – release of a convicted criminal from prison before his or her full term of incarceration but with restrictions and conditions.

 

personal service – a means by which a party to a lawsuit receives notice of a court action typically accomplished by handing the notice and other legal documents to the person. Many jurisdictions allow additional methods of service.

 

pick-up order – a court order directing local law-enforcement officials to pick-up a child from his or her abductor. This is also called a warrant to take physical custody of child or warrant in lieu of a writ of habeas corpus.

 

PKPA – Parental Kidnapping Prevention Act.

 

probation – release of a convicted criminal with no incarceration or before his or her full term of incarceration but with restrictions and conditions.

 

pro bono – free legal representation provided by an attorney.

 

pro se – a person who represents him- or herself in a court proceeding.

 

prosecutor – a person in the criminal-justice system who can file criminal charges against and prosecute an abductor for violating the law. Also called a district attorney, state’s attorney, commonwealth attorney, or solicitor. Federal prosecutors are called U.S. Attorneys and Assistant U.S. Attorneys.

 

search warrant – a legal order issued by a court allowing law enforcement to locate and take possession of private records, evidence, and information from a specific location for a criminal investigation.

 

state – as used herein includes a state of theUnited States of America; theDistrict of Columbia; and any commonwealth, territory, or possession of theUnited States.

 

subpoena – legal order used in civil and criminal proceedings to demand an individual to come to court. A subpoena may also demand private records and information be produced for inspection or in court.

 

substitute service – a substitute for personal service. Both parties to a lawsuit must receive notice of all court actions. If a party cannot be found or deliberately conceals his or her whereabouts, most jurisdictions allow publication as an alternative to personal service.

 

temporary custody – custody for a limited time period. A judge may issue a temporary custody order before hearing the full case from both parents or after a trial but with the expectation of reviewing the custody decision in the near future. Temporary orders are issued in emergency cases.

 

UCAPA – Uniform Child Abduction Prevention Act.

 

UCCJA – Uniform Child Custody Jurisdiction Act.

 

UCCJEA – Uniform Child Custody Jurisdiction and Enforcement Act.

 

USNCB-INTERPOL – U.S. National Central Bureau of INTERPOL.

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Posted by on April 26, 2012 in Uncategorized

 

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