Legal Solutions for Parental Child Abduction Cases

Legal Solutions for Parental Child Abduction Cases

Child Abduction is an offense of unlawfully removing or retaining, arresting or hiding a child or a baby. Abduction can be defined as holding a person captive by persuasion, fraud, or by direct force or violence. There are two types of child abduction: parental child abduction and child abduction by a stranger. Parental child abductions are the most widespread form of child’s abduction.

Cases of parental child abduction generally happen during a divorce process or after a divorce action has been taken. The intention is frequently to get around the court or act in contempt of a court order against the legal custody of the child/ren.

In matters of family law, when children are involved, emotions frequently overpower reasoning and verdict. This is when non-custodial parents can try to abscond with the children leaving the other parent heart-broken. Luckily, the law makes available methods that assist the custodial parents to get their children back.

What should the custodial parent do when the child is kidnapped?

The best possible remedy is to approach the law enforcement officials to seek their intervention regarding kidnapping or domestic violence. However, sometimes, when the case has to do with family issues, the law enforcement agencies are frequently reluctant to act. Parental abduction in most instances will involve many federal and state laws, in addition to state and federal authorities, like the FBI. The best possible approach is to involve experienced officers in the search and wait for the judicial system to take it from there.

Actions to prevent parental abduction in future

As soon as you locate your child and have him or her returned to you, you’ll want to take actions to prevent any further recurrence in the future. If you earlier had joint custody, and the other parent absconded with the child, they violated the court custody order and deprived you of your custody rights. This will most likely hurt their chance for the right to custody.

Punishment for the incriminated parent

There are always chances of a custody order violation in nearly all cases of child abduction or kidnapping by a parent. Owing to this, a number of the remedies in a child abduction case is the same as the violation of the child custody order. Some punishments for failing to keep to the terms of the custody orders are huge fines, jail time, loss of custody and loss of visitation rights.

When a parent absconds with a child across border

International dispute of child abduction cases is the most difficult of parental abduction cases. When a parent absconds with a child across borders, the law has limited remedies to resolve the problem. In most cases, the parent will escape to a country that has agreed to an international treaty, like the Hague Convention on International Child Abduction. In this case, you are better off working with an experienced attorney for professional guidance.

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