Record contained sufficient evidence to support jury’s guilty verdict on charge of parental kidnapping under 18 USC section 1204, where defendant, on eve of state-court decision that defendant believed would award ex-spouse full custody of their child, took child and went to Canada and remained there even after learning that trial court had in fact awarded full-custody of child to ex-spouse. Fact that ex-spouse had temporary limitations on his visitation rights with child at time defendant took child to Canada did not require different result. Defendant also failed to present sufficient evidence to support affirmative defense that defendant fled to Canada to avoid domestic violence from ex-spouse, since Dist. Ct. could properly find that defendant’s allegations of emotional, psychological and financial abuse against ex-spouse did not qualify as “domestic violence” for purposes of establishing instant affirmative defense.
Federal 7th Circuit Court
Criminal Court
Parental Kidnapping