Abduction

Abduction can be defined as removal of a child from their legal custodian, guardian, or parent without the consent of the courts or the guardian. In divorce cases, a biological parent of a child may attempt to prevent the other parent from custody of the child by removing the child from a given jurisdiction without warning or intent to return. Although the child may be a willing participant in the relocation, parents oftentimes will still face kidnapping charges in some cases, and at the very least, suffer loss of custody rights in a family court hearing. Abduction regarding parents and children is not considered a criminal action per se, but it may violate criminal laws and statutes.

Fast Facts

  • Abduction of a child by parent may not constitute a crime if no formalized child custody arrangement has been mandated by the courts.
  • Abduction of child by parent cases regularly evolve into international cases when parents leave the home country of the child for other countries, which may have more favorable jurisdiction.

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