Parental Abduction Of Child

Rather than use the court system to work out custody disputes, a parent may resort to abducting or kidnapping their child. By abducting the child, they are assured of never obtaining legal custody of the child.

SIDEBAR: The Parental Kidnapping Prevention Act, a federal law, prevents an abducting parent from ever obtaining legal custody in another state where the court might be unaware that the child has been kidnapped. Under the Act, the court's order would be invalid.

Parental abduction of a child is a grave matter, and any parent who believes their child is at risk should take certain precautions, including:

• notifying local law enforcement if your ex-spouse has threatened to abduct the child;
• notifying school administrators and teachers, bus drivers, day care providers, neighbors, and friends that your child may be at risk;
• keeping recent photographs of your child, along with a current physical description;
• maintaining current information on your ex-spouse: addresses and telephone numbers of friends, employers, former employers, and places they frequent;
• knowing your ex-spouses driver's license number and Social Security number (these are on the divorce decree); and
• teaching your child their full name, address, and telephone number, and showing them how to use the phone (they should be aware he can dial 911 from any pay phone or cell phone).

TIP: If you believe your child will be taken out of the country, their passport can be entered in the passport name-check system so that they cannot be removed from the United States. Contact the U.S. Department of State Passport Services as soon as your child is missing if they are at risk for an international abduction.

My ex-spouse refused to return our children to me after a weekend visit. Is this an abduction even though I know the children's whereabouts?

Yes. Abduction is any act that keeps a child from their lawful custodian or a person with a legal right to visitation. It is not necessary that the child be hidden or concealed.

My spouse and I are living apart and I want to take the children with me to another state. Since there is no custody order in place, is this an abduction?

Yes. Although you and your spouse are not yet divorced, it is a crime to deny your spouse access to the children. The fact that you are a parent of the children does not give you the right to obstruct their other parent's legal right to see them.

I believe allowing my son to return to my ex-spouse after his weekend visit to me would put him in danger. Can I be charged with abduction if I refuse to return him?

Yes. If you believe your child is in physical danger, you should contact the local police. Depending on the situation (for example, if criminal activities are ongoing at your ex-spouse's home), the police may permit you to keep your child.

My ex-spouse refuses to allow our children to visit me as required by the court. What do I do?

You must go to court and ask for a contempt hearing. If your ex-spouse refuses to follow the court's order, they will be held in contempt and could face time in jail. Additionally, you can insist local law enforcement arrest your ex-spouse for abducting the children. If your ex-spouse has fled with the children, a felony warrant will be issued for their arrest.