Child Custody and Kidnapping by a Parent
It’s a scary thought, but kidnapping by a parent is the most common type of child abduction. This type of child kidnapping often occurs when parents separate or the process of divorce is initiated. Problems arise if a child is taken to another state by one parent, but only if this parent does not duly notify the other. But parental kidnapping can occur in the same city, however, if the location of the child is deliberately kept secret from one parent.
Kidnapping and Custody
If the child is in a known location, a parent cannot be charged with parental kidnapping unless it is in violation of a standing court ordered and recorded custody decision. Even so, simply not returning your child after visitation, or failing to bring your child to a scheduled visit, is not necessarily grounds for a parental kidnapping charge. Either of these actions, when accompanied by a court ordered custody decree is considered contempt of court, interference with court orders, and often results in returning to court for an emergency decree. If the child is still not produced, then it may be grounds for parental kidnapping.
The court’s aim in these situations is to maintain contact between the child and both parents. Barring extenuating circumstances, it is considered in the best interest of the child to have a relationship with both parents.
There are many reasons a parent may commit parental kidnapping, but, by and large, the intended victim of this offense is the other parent. While it is not appropriate for one parent to use a child as a tool for revenge against the other, emotions run high when two people separate or begin the divorce process. It is important to remember that less than 1% of parental abduction cases involve abuse, or place the child in real danger. The horror of these cases should not be minimized, but they are statistically very infrequent.
Contact Us
Facing a divorce is difficult. If you or someone you love needs help, contact the Austin divorce lawyers of Slater, Kennon & Pugh, LLP. Call 512-472-2431 for more information.