In 2020, the U.S. reported 29,859 missing children cases. About 4.8% involved family abductions like parental kidnapping. Even more alarming, 63% of Amber Alerts were due to parental abduction.

So, when does normal parenting time cross the line into kidnapping? And how can you protect yourself from false accusations?

What Is Parental Kidnapping?

Parental kidnapping happens when one parent takes a child without the other parent’s consent.

• With a custody agreement: kidnapping occurs when a parent violates the agreement and removes the child.

• Without a custody agreement: one parent may still commit kidnapping if they take the child without the other’s consent.

Taking the Child Out of State

Laws vary widely. Some states only call it kidnapping if it violates a custody order. Others treat it as kidnapping if the parent conceals the child’s location.

Courts also consider the parent’s intent. Was it a short trip, or an attempt to relocate permanently and cut off the other parent’s rights?

Taking the Child Out of the Country

Following the breakdown of a multinational relationship, sometimes one parent wishes to return to their home country. At least 75% of International Parental Child Abductions involve a primary caregiver (usually the mother) taking her child(ren) with her back to her home country and the father applying to have the child(ren) returned to the country where they are ‘Habitually Resident.’

In international child custody issues such as removing a child to another country, multinational treaties such as the Hague Convention on Child Abduction can be helpful. This treaty establishes proceedings for the prompt return of children who have been wrongfully removed or kept away from their home country. At this time, there are 98 partnering nations in the Hague Convention. However, the membership continues to grow every year, with the latest entry being Seychelles in September of 2021.

Moving Out of State

Moving out of state with a child is also a complicated issue and will depend on several factors.

The custody agreement you have may prevent one parent from moving out of state with the child through the language in the agreement.

If a parent opts to move out of state with a child without the expressed consent of the other parent, it can be considered parental kidnapping.

This can get complicated if a parent needs to move for a job relocation. You want the courts involved as quickly as possible to prevent the other parent from taking the child and moving out of state.

Again, because every state has different laws, you don’t want to have to work with the courts in another state.

Avoid Parental Kidnapping Accusations

If you share custody of a child, you want to be thoughtful and careful about being accused of parental kidnapping.

You need to know the language of your custody agreement well. If you’re concerned about the risks of the other parent taking the child, you want to be proactive and ask the courts to put language in place to prevent them from taking the child.

While often this is difficult, the more you can communicate with the other parent, the better. You need to know where your child is when they aren’t with you, if possible.

Get the Legal Help You Need

The simple reality is that sometimes it becomes impossible to communicate effectively with the other parent.

You need to get good legal representation to protect your parental interests with a child. Talk with your attorney right away about your potential concerns related to parental kidnapping and international child custody.

Your attorney can work to get language into a custody agreement that might help prevent this from happening.

Understanding the Legal Parameters of Parental Kidnapping

The thought that another parent might take your child somewhere without your permission is terrifying and sadly can be a very real concern for some parents.

Be proactive in considering the possibility of parental child abduction as it relates to your child and work to get measures in place to prevent the other parent from having the ability to do this to you and your child.

If you are struggling with a custody issue, we can help. We work in both family law and international law and know what we’ll need to do to help you. Contact us today so we can get started helping you.