When There is a Risk of Parental Kidnapping by the Other Parent
You may have a complicated custody matter that brings everyday worry to your life. For instance, you may be dealing with a spouse that refuses to obey the order at all costs. Perhaps they keep you from time with your child, alienate the child against you, and more. Of course, when a parent is disobeying the court order, they are breaking the law and this is seen as “contempt.” When you bring a contempt action in the courtroom, you are asking the court to enforce the order and make a finding that the other parent was disobeying the order, which could lead to consequences. But what happens when something as serious as parental kidnapping becomes a concern? You may have options in California.
If You Are Worried Your Child May be Kidnapped by the Other Parent
If you are worried about the possibility of child abduction, there are some things you can do. When your order was created, you and your spouse both received periods of custody and visitation – and if the other spouse takes the child away from you and leaves the area or state, they are kidnapping the child. You should always keep a list of familiar addresses of those you know, a record of information about the other parent, and constantly keeping new photographs of the child to help them return if they are abducted.
When One Parent Leaves the Country With the Child
The State Department’s Office of Children’s Issues helps the parent looking for their child if a child is kidnapped by one parent. Unfortunately, child custody disputes are private legal matters so it is sometimes difficult to start the process, which is why you should always take precautions when you feel as if there is a risk by the other parent. The Hague Convention, which is an international treaty that applies to child abductions, can help you. If a child is found with the other parent in another country when they are not supposed to be there, they must be returned to the country of residence.
Because these cases can be complicated, it helps to speak to a knowledgeable attorney if you have concerns about the other party. We handle complicated family law matters and can hopefully give you the advice needed, and the answers in court that you deserve. Call us today.