Since Dad doesn't have visitation rights and Mom is presumed by statute to have custody...couldn't Mom file a missing child report for the child, or request that they do a welfare check based on his failure to disclose the location of the child? When notifying the police that the child is with Dad, wouldn't the police be required to contact dad and obtain his address/location to check on the child's well-being, facilitate his return to mom, etc? Even if the police won't give MOM his address, the authorities would then know DAD/CHILDS location.
Seems to me that since the definition of parental kidnapping is:
"In the absence of a court order determining rights of custody or visitation to a child, a person having a right of custody of the child commits the crime of parental kidnapping if he removes, takes, detains, conceals, or entices away that child within or without the state, without good cause, and with the intent to deprive the custody right of another person or a public agency also having a custody right to that child."
that Mom would be able to file a report of kidnapping over the week-end and at least document that Dad is witholding the child and concealing his location. I wouldn't expect him to even necessarily be arrested as I don't know how seriously they take it, but if he is really hiding the child...I would file a police report so there is legal documentation of this behavior.
The police may not retrieve the child for you, but they have to take a report.
