Kenneth Miller makes the argument in papers filed with the 2nd Circuit Court of Appeals in New York.
Prosecutors counter that trying the case in Vermont was appropriate because the crime didn't begin until Lisa Miller and her daughter left the country in 2009.
Kenneth Miller, of Stuarts Draft, Va., was convicted in 2012 of aiding in international parental kidnapping. He was sentenced to 27 months in prison, but the sentence was delayed pending appeal.
The Millers are not related.
Oral arguments in the appeal are set for January.