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Thread: What Parental Kidnapping IS and IS NOT

  1. #1
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    First, without a standing court ordered and recorded custody decision, there is no such thing as parental kidnapping. Parents are seen as having equal "rights" to the child and either can go where they want, when they want with that child at any time. If, however, one parent removes the child to a second or unknown location, the purpose of which is to deny the custody or visitation of the other parent, even without a standing custody decision, it is considered parental kidnapping. In such situations, while warrants for the arrest of the absconding parent and the return of the child are being issued, the left behind parent will also be granted emergency custody.

    Moving to another state or location with the child, after duly notifying the other parent is NOT kidnapping. Non-notification of the impending move is RARELY sufficient in and of itself to have kidnapping charges immediately filed, as long as the new location is not secret. Usually, a judge will give the departed parent opportunity to produce the child. Violation of this order IS parental kidnapping. However, moving without notification usually ends up with the left behind parent being granted physical and sometimes sole custody, often with supervised visitation only for the parent who moved without going through proper chanels.

    Failure to return a child after scheduled visitation and/or failure to produce a child for a scheduled visitation is usually in and of itself NOT immediately considered parental kidnapping. It is interference with court orders, and/or contempt of court and generally is redressed by returning to court for an emergency decree. Only if you have solid, clear custody papers will the police get involved in this situation. Even then, they may tell you to get an emergency hearing and 'tell it to the judge'. Failure to respond or produce at that point IS parental kidnapping.

    In these as well as most other instances, the purpose and intent of the judge is to get the child back into contact with both parents. The function is to honor the best interests of the child, which is to be in contact with both parents. Only when one parent has intentionally or continues to willfully interfere with the child's right to access to both parents is a judge likely to issue a bench warrant and/or press for a filing of kidnapping charges.


    Now, what Parental Kidnapping is really all about. It is ALMOST NEVER about the child. It is ALMOST ALWAYS about the parents. There is no better, quicker way to affect a parent than to interfere with their contact with their kids.
    Judges know this. Police know this. Lawyers know this. And most parents, at least those who are not completely self-absorbed know this also.

    We have all heard about cases where a child is molested, abused, neglected, harmed or killed by a parent. The truth is that out of an average of 200,000 to 300,000 cases of parental abduction each year,(according to the National Center for Missing and Exploited Children) less than 1% involve plausible, proveable fears of abuse or danger to the child. In almost every other case, it is simply a matter of one parent trying to hurt the other parent. Again, judges know this, police know this and the rest of us (non-abductors) know this. The occasional case where an abusing parent is granted custody or visitaion and ends up harming the child are well publicized and truly tragic. But they are VERY RARE cases.

    What parental abduction should be classified under, in addition to being a felony, is child abuse. It is one of the most damaging things that can happen to a child, with the long term effects still not fully understood.

    Blue Meanie likes this.
  2. #2
    micheleo Guest
    I left my abusive boyfriend and moved to my parents state for safety and my boyfriend attacked me and took my baby (3 months old)back to his home. I filed a police report and was granted custody due to domestic violence however the judge in his home state wouldn't honor the decree. Is it my lawyer's best choice to file a civil lawsuit in federal court to remove him from the custody case under the USCJ code and have my custody restored?
  3. #3
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    First, what state(s) did these events happen in?

    Second, there has to be a reason for a sitting judge NOT to honor a standing custody decree from another jurisdicion. It is a FEDERAL law, called the Uniform Child Custody Jurisdiction Act, that states the FIRST custody decision entered has to be honored. The exceptions would include things such as jurisdiction having not been established because of a lack of time of residency in the state where the decree was entered.

    Depending on state law, there are several options. You (or your attorney) may have to file in the state where the child was born, citing valid reasons (domestic violence, fleeing for fear of your life or the child's) why the jurisdiction should be as entered.

    I strongly recommend you get in contact with The National Center for Missing and Exploited Children, at 1-800-THE-LOST
    They are an excellent resource, and can direct you to local services that may be able to help you find and cite local law and precedence.

    I also recommend that you pick up a phone book and contact a local Women's Shelter. Again, they will be able to help/direct you to services, local law, etc. If you can't find anything in your phone book, call you County Health Department and they can refer you. Good Luck
  4. #4
    Mystix is offline Junior Member
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    K so its not kidnapping..I have a ?

    My friend is a cop, I told him what I read on here, this is what he said: "but because I am a cop, the laws apply worse sanctions that do include de-certification, meaning no chance anywhere because of misconduct" Help?
  5. #5
    CSO286 is offline Senior Member
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    Quote Originally Posted by Mystix View Post
    My friend is a cop, I told him what I read on here, this is what he said: "but because I am a cop, the laws apply worse sanctions that do include de-certification, meaning no chance anywhere because of misconduct" Help?
    Create your own thread and then out line the details of your situation, include a few questions and you will get a response.....

    You have not provided enough info for any type of an educated response.
  6. #6
    Isis1 is offline Senior Member
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    Quote Originally Posted by CSO286 View Post
    Create your own thread and then out line the details of your situation, include a few questions and you will get a response.....

    You have not provided enough info for any type of an educated response.
    Especially instead of reviving a 10 year old thread!
  7. #7
    BL
    BL is offline Senior Member
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    Quote Originally Posted by Isis1 View Post
    Especially instead of reviving a 10 year old thread!
    And to think I actually read it on the first cup a Java this AM without looking at the date it originated on .
  8. #8
    celticknot56 is offline Junior Member
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    I know this thread is quite old but I see a bunch of newer replies. I, too am confused about this whole Parental Kidnapping thing. My brother & his Wife (STB EX) are dealing with this.

    Before I start... We are in the state of NC & Georgia is where his wife is going.

    They have a 1yr old & his wife is up and moving next weekend to Georgia. She has NOT officially told anyone. She wrote it on her Facebook & that's how we found out. If it wasn't for that, we wouldn't know she was leaving at all. They never filed for Seperation/Divorce/custody etc....they just had mutual custody & support that was working well for them. Now she is leaving WITH the baby & my brother isn't wanting that to happen. He went to the courthouse yesterday & was told he could file for Emergency Support but the lawyers fee $2500 upfront and is $300 a hour and he doesn't have the means to pay the upfront price. Is there anything else that can be done that can prevent her from leaving the state? Not only is my brother upset about this but so is the family. We know if she leaves...we most likely will not see the baby again, possibly ever. She has not mentioned where she is going ... just that she's going to Georgia.

    Just a little more background-
    Also, she IS a suicide risk. She has tried to commit suicide multiple times & visits a clinic about once a month and is on meds for depression & such.

    She has also been in trouble with the law. A few years ago she got a felony charged slapped on her and went to jail for stealing & using a credit card.

    She has also threatened our family saying she is going to get her brothers to come "take care of things" if need be (yes i do have proof of that...it was via Facebook as well)

    She also has a new boyfriend (thats who shes going to GA with) and a couple months ago she got pregnant and we are pretty sure its his...not my brothers. The timing just doesn't make sense even though she says it was.

    Plus, she leaves the baby with people ALL the time. Rather it's a grandparent, a friend, anyone. She has even posted online finding babysitters (which is NOT safe in my opinion) She rarely spends any time with her. The past 2 weekends from Thurs-Sun my mother has had the baby. She never picks her up on time. She even left her with my mom for a whole weekend WHILE she was sick just to go off gallavanting with her new bf! What kind of parent does that?!?

    So yeah, any advice to this would be appreciated. Sorry this is so long. We are trying to get advice as fast as possible.
  9. #9
    stealth2 is offline Senior Member
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    Please start your own thread. Thank you.

    ETA... And... this is an issue your brother (sorry - my bad) should be dealing with as he is a legal party to the case.
    Last edited by stealth2; 01-27-2011 at 07:55 AM.
  10. #10
    BroncoBilly24 is offline Junior Member
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    1 year ago I was with the father of my child living in Colorado. We were not married, did not file taxes together and did not own anything together. He was verbally and mentally abusive and I feared for the safety of my child and me. I left the country to be with my family in Ecuador. He knows exactly where I am and I have been in communication since we left. I am the sole guardian of our child, is this considered parental kidnapping?
  11. #11
    Antigone* is offline Senior Member
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    Quote Originally Posted by BroncoBilly24 View Post
    1 year ago I was with the father of my child living in Colorado. We were not married, did not file taxes together and did not own anything together. He was verbally and mentally abusive and I feared for the safety of my child and me. I left the country to be with my family in Ecuador. He knows exactly where I am and I have been in communication since we left. I am the sole guardian of our child, is this considered parental kidnapping?
    I'd normally tell you to start your own thread but it would be a waste of time in this case. No it is not kidnapping.
  12. #12
    stealth2 is offline Senior Member
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    Non-USA question AND necroposting!
    TheGeekess likes this.

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