If a American mother gives birth to a child in Japan and abandons her child in Japan

Q:  If a American mother gives birth to a child in Japan and abandons her child in Japan, and than returns to New York, is she guilty of "kidnapping" - and if that is the case, it is a federal crime under the International Parental Kidnapping Crime Act (18 USC 1204). The mother gives the New York family court judge a US consular of birth report as proof that her daughter is born in Japan, and she has abandoned her with sister in Japan. She refuses to bring her daughter to the United States, to establish paternity and or custody. She says that her daughter will not be allowed to leave Japan (not be allowed to visit the United States) before her 18 birthdays.


A:  David's Answer:  If it was her daughter, she's free to transport her anywhere, so no, it wouldn't be kidnapping. --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)