This randomly came up in my feed. As a an adult child that suffered through a "International Parental Kidnapping" and missing for many years, thank you for continuing to educate parents. The child's welfare should always come first. Parents must get themselves therapy in dealing with their own issues separate from their divorce/separation speaking from my own experience. I was used as possession for their own agenda. Kidnapping your kid is abuse.
Another important factor: The other parent withholding the child does not have to cross state lines for the law to have been violated. Simply withholding visitation for more than 12 hours is parental kidnapping, a felony, and can be prosecuted as such. Don’t wait for your ex to take your kids across state lines to file reports.
This is exactly what just happened to my son! Mom moved to New York back in January. (We live in Georgia) May 23rd a police officer knocked on the door and said he would arrest me if I didn't give her my grandson! The order he had was their separation agreement from years ago! They shared legal custody but my son was the custodial parent. She took his phone from him so he couldn't call us and turned off the GPS . She took him to New York! The chief of police called and apologized but that was almost two months ago! They haven't even listed him as a missing child! We've paid a attorney thousands of dollars and still nothing. I don't know what to do at this point.
If you have the custody agreement that states he is the custodial parent, you CAN go to NY and ask for a civil assist from local police in relocating your grandchild. My other response would be get your family attorney involved immediately. Parental kidnapping is actually a felony in most states if proven.
*There is no custody order.* *What if the 4-year-old daughter has been sleeping on an army cot instead of a bed and living in a one-bedroom apartment with seven people and the person looking over the child (when the mother is at work) has had her own children taken away by CPS because she was deemed unfit for children. On top of that, the current mother has been homeless two times, the daughter has been removed two times from CPS and has had seven CPS cases held against her. However, because she's cooperating and passing the program that CPS requires the child has not been taken from her custody. What happens then?*
What if there is no custody order and the parents are not married in the state of Illinois? My sister is in an emotionally abusive relationship and he is isolating her and she wants out. (He is on the birth certificate)
Just throwing this out there....never move to Arkansas. My husband and our family just moved from that god awful state to Pennsylvania and my son's bio dad has done parental kidnapping by NOT returning him and illegally holding him in Arkansas. (I have been FULL CUSTODIAL parent for almost 6 years now). His attorney has even gone so far to create fraudulent papers (unsigned by a judge) claiming there is a restraining order. We are going to get it sorted out shortly with a litany of steps and attorneys but my advice is steer clear of Arkansas. The state police, politicians, judges and attorneys there are corrupt beyond measure and if they think you don't have money, they will bulldoze you. Another fun fact...Arkansas is number 2 in the NATION for p*dophiles per capita. Steer clear of this corrupt backwards state and their ridiculous justice system.
Thank you Sarah F. The Bremen police department have done absolutely nothing. They know the officer was wrong. The scary part is in that town, he's the school resource officer.
So my girlfriend pretended like she was going to stay in our apartment with our son after we split up. She then with the help of her brother has run away to Arkansas where her family is. Now she did not tell me this I found out because the property manager of our apartment contacted me to let me know that she had talked to an attorney and decided that because I hadn't yet filed for a parenting plan she could just take our son down to Arkansas. She has since blocked myself and all of my family on social media, she will not answer texts or phone calls unless she wants something in the moment, and is refuses to tell me where my son is, has told me that she will let him speak to me when he asks. I haven't seen or heard my son in a week now. Does this count?
So as I understand this is the most common kind of kidnapping of all and it has been a bear trying to find information and fact about this kind of kidnapping! Thank you for shedding some light on the information. Cuz we're always getting these Amber alerts and it's usually a relative and I'm like I want more information on this
KPA doesn’t exist anymore in most states. It’s now renamed to UCCJEA. It must be “E-enforced” before any law enforcement can be involved or anything happens.
Thanks for your question. We have an article that discusses your question more in depth. Here's the link: www.oflaherty-law.com/learn-about-law/parental-kidnapping-law-in-illinois-parental-kidnapping-prevention-act-explained. We hope this helps.
I've never met my daughter, her mother kept her from me because I didnt want her in my life anymore, tried setting up visitations through others but she denied me every time, she then had another aid and abet her in keeping my child from me, after she found out that I had temp custody of my newborn son she filed to have my rights taken for abandonment...I signed off as she was making my life hell...well now that my daughters in her later teens and has been adopted by her kidnapper of a stepfather I am pressing charges on both of them as he aided and abetted my daughters mother in keeping her from me...btw I got 100% custody of my son and he's now 7 years old and thriving
Hi Cody! Thanks for reaching out with your question! What you're asking may be specific to your case, and we're unable to answer direct legal questions online. However, you can reach out to us at 630-324-6666 or email at info@oflaherty-law.com. We release new articles weekly, so check back often as we may have another article soon that answers your question!
So what if were married with no open custody case you she take the kid across state line without my permission? Is that kidnapping? Or can only a man kidnap?
I haven't seen my kids since November. My kids mother messaged me that I'm never gonna see them again and blocked all contact with me. I have been trying my hardest to find them.. I miss my kids. It's even harder now since could 19. What do I do
Hi Athena, we're sorry to hear about this. Here's an article that explains more on parental kidnapping that you may find useful - www.oflaherty-law.com/learn-about-law/parental-kidnapping-law-in-illinois-parental-kidnapping-prevention-act-explained. We cannot offer you legal advice online, but if you would like to get into the specifics of your case, please give us a call at 630-324-6666.
Hey I am dealing with this matter at hand as we speak. My 10-year-old son has been taken out of my custody for a month and a half now after his mother had a visitation on the weekend in the early month of June. I father have full legal and physical custody and in our order it states she cannot take him out of even the county lines as well as state lines. I have her Arizona address I even tried to do a well check with Arizona State police and they couldn’t help me as well. The mother was only awarded visitation for the first and third weekend of the month I have already contacted my local police department of this matter. My local law-enforcement is telling me that they can’t do anything for me I have let them know that she lives in Arizona and he resides with me in California and attend school, what can I do more? I have tried to go to court to get an X parte they denied my Ex Parte saying that he wasn’t in danger but yet they gave me the this court order after a trial that states all these things that she cannot do. It’s as if the court order holds absolutely no wait.I have not seen or heard from my son for this whole time of this traumatic event. I would greatly appreciate your advice on how I can approach this so I can get law-enforcement to actually help me because she fits all the criteria‘s of the Parental abduction crime ? It seems as if because I am a male I shouldn’t be worried about my own child.
I am in the same situation ..literally...won custody , mother kept child last visit without permission, cops say they need a court order stating they can pick child up , I get court order stating they can and should pick child up , police say now I have to get a warrant on her to intervene at all....Father's have no rights nor respect even if they do.
@@dard9304 the police are ignoring their civic duty to enforce the law. My attorneys said it is NOT a civil matter once the custody order is violated by the other parent. It becomes a criminal case the second the other parent chooses to Violate the law. Tell this to the police the next time they try to pull this “it’s a civil matter” bs. It’s not. Breaking the law is not going to civil court, it goes to criminal, and you won’t need to hire an attorney because now the DA will be prosecuting the other parent for violation.
Hi Mario! Thanks for reaching out with your question! What you're asking may be specific to your case, and we're unable to answer direct legal questions online. However, you can reach out to us at 630-324-6666 or email at info@oflaherty-law.com. We release new articles weekly, so check back often as we may have another article soon that answers your question!
Hi what if child was already out state before the custody order or cases being filed and then mother claims for child abduction if father returns child late or not return?
Thanks for reaching out to us. We are unable to advise you online. If you give us a call at (630)-324-6666 or email us at info@oflaherty-law.com, a member of our team will get in touch with you to discuss this further.
Not giving legal advice but my thoughts would be the court will issue a warrant for that person's arrest. Now all federal and local law enforcement will be involved. The quicker the judge knows this the better.
Sir, what shall i do if the children have already been spirited away ? Does the Act still come into play ? and if so, under what section, or subdivision can i file with the court to gain relief ? Thx.
So, what happens if there is joint custody but the custodial parent moved to another state without extenuating circumstances, resulting in denied access by financial and geographical means?
I am going through the same thing. I do know that if either the custodial parent or the parent who has visitation knowingly and willingly took the child or children from the other parent preventing the rights ordered to said parent by the courts then you can take legal action against the other parent and anyone who knows this can be imprisoned fined or both. I do not know what state you reside in now but look at your state laws regarding parental child abduction. I have been doing a lot of investigating as well. I know so much more about the subject than I ever did. Good luck to you, I know the pain is something awful. Many prayers for you and your children.
I'm going thru the same thing there dad ran the state with them. I filed a contempt of court. He didn't show up. Judge gave me full custody of both my kids. They said in the paperwork to return the kids by five days and he still has yet to do so.
What can I do if there is no custody order? Child was born in England while we were stationed overseas and from there we relocated to Japan. We were reassigned from Japan to Florida due to my estranged spouse's hostile nature and her rapidly declining mental state. My divorce petition has been filed with Pennsylvania last year in August and is still pending. Was my estranged wife within her legal rights to move our 3 year old from Florida to Virginia without my knowledge or consent. What can I legally do to assert my rights as a father? And, how can I get my daughter back?
Hi Victor, thanks for your question. We are very sorry to hear about your situation, however, we do not handle cases in Florida. For more information on your local state laws and to find an attorney near you, we recommend going to your state bar association.
So my wife and I are getting divorced. Paperwork has yet been filed. She is staying at her parents and refuses to let me see my child. Keeping the child’s Biological father away, even when he has the rights to see the child.
Hi, we have an article that detailed parental kidnapping and what qualifies - www.oflaherty-law.com/learn-about-law/parental-kidnapping-law-in-illinois-parental-kidnapping-prevention-act-explained#:~:text=What%20is%20Parental%20Kidnapping%3F,parent%20or%20another%20family%20member. We hope this helps!
I need help. I have two young children and they live with there mom. Like three Xmas ago the boyfriend of there mom put his hands around my 12 year olds neck and choked him. I found out and was irate and told hey mom to get ride of him she said she would handle it be he is still there. She moved to another state with my children pretty far away. Can I go to they school and get them and remove them from her care because I fear for my children’s safety long term. There is no custody agreement in place. We went to court once to establish child support, but I was living at home at the time. Now we are separated and have been for sometime. I love my children more than life itself. What can I do?
Hi Jason! Thanks for reaching out to us. We are unable to advise you online. If you give us a call at (630)-324-6666 or email us at info@oflaherty-law.com, a member of our team will get in touch with you to discuss this further.
I have a little sister in Virginia and I live in New York. she's been calling me through video chat because her Dad stepmom and stepbrother beat on her and her step brother sexually touched her. Police have been to the house because her stepbrother had been having sex with a minor. She's sent us photos of her neck scratched up. We have text messages saying she's scared for her life and we've sent child services there and they haven't done anything. Well I'm taking matters into my own hands and I'm secretly meetings up with her tommorow and me and my mom are taking her across state lines to NY. Is that ok? Knowing we are doing it to protect her from her Dad that has custody of her.
What if the child’s parent takes the child out of state and the other parent resides in a different state but yet they were in a custody and relocation battle in the middle of this battle this other parent has relocated the child
Thanks for your question, Yvonne. The answer depends on a lot of case-specific factors, the most important of which would be what the non-residential parent's rights were prior to and during the custody battle and what orders had been entered by the court during the litigation. If you'd like to get into specifics, please feel free to give us a call to schedule a consultation: (630)324-6666.
Thanks for your question, Wayne. This would not be parental kidnapping, because paternity has not been established. Please feel free to give us a call if you need some help establishing paternal rights in this situation: (630)324-6666.
My ex husband and I have joint custody of my daughter. He had an affair with another lady who had a child with him while we were married. They then took my daughter to a northern state where they now reside. The divorce took place in Texas where I still live. I have been prohibited to see and communicate with my daughter for 14 years by her father and his side of the family. This is a feeling no parent should have to feel. I am looking into getting the right attorney to see what I need to do about the subject. Thank you for your help and guidance.
