Parental Kidnapping: What Are the Civil and Criminal Repercussions?
Kidnapping: Possible consequences
If one parent abducts a child from the marriage during a divorce, or after the final dissolution of the marriage, they could face civil or criminal consequences. The court may order jail time, fines, or other programs to address the situation. You could face civil consequences such as losing custody or visitation rights, or the need to pay additional compensation to the parent or the child. The judge and the other parent may decide that civil consequences are appropriate.
If a parent feels that he/she doesn’t have enough time with their child, or if there is another unresolved issue, they may try to kidnap the youth. The other parent might choose to modify child custody arrangements after the youth has returned home. This will generally stop the possibility of another kidnapping or decrease the chance that the other parent can take the child far enough away in a short time. The other parent might need to first work with law enforcement to locate the child and bring him or her to justice.
Criminal Law – Parental Kidnapping
If a parent kidnaps their child, the law enforcement officers will have to intervene in family and child issues. This is required for domestic violence, kidnapping, and other similar cases that require a criminal remedy. This could lead to the need for the parent to be arrested and the child rescued or found. This type of parental abduction case involves both federal and state laws. It may be necessary for both agencies to investigate at the federal and state levels depending on the facts.
From the State to the Federal Jurisdiction
In general, the state will first begin an investigation into child kidnapping with the parent. The investigation might start locally, and the parents may be found to offer a solution immediately. If the parent is not located quickly or crosses state borders, the Federal Bureau of Investigations could be involved to expand the search. Multiple states may be involved in the kidnapping. This can result in a bigger manhunt and worse criminal consequences. The parent could also be subject to harsher sentences in criminal court if other crimes are committed or harm is done to the child.
After the Kidnapping, how to adjust custody
The custodial parent may adjust the custody arrangement to avoid future crimes after the child has returned home. The parent who is convicted of the crime can often deny the other parent joint or primary custody. The kidnapper may lose temporary or permanent custody rights, visitation rights without supervision, and possibly even visitation for the rest of the child’s life. Both the state and the judge at the courtroom will vary the consequences and circumstances. It is then a matter to enforce the order.
The Important Disputes
Even if one country is involved in parental kidnappings, the perpetrator of the crime will often find himself in the middle of civil and criminal disputes. When the parent crosses national or state boundaries, the Federal Bureau of Investigations is involved. Penalties can result in the person being sent to jail or a federal penitentiary. This could be for years. These criminal penalties can often result in the loss of parental rights, even if the parent is freed.
Legal Support in Parental Kidnapping
A criminal and civil family law lawyers surrey will be required to represent the parent accused of parental kidnapping. To preserve his or her parental rights, the parent will have to tell the judge about the situation.