PARENTAL CHILD ABDUCTION

&

DOMESTIC RELATIONS COURT

by

Jennifer J. Joseph

Joseph & Joseph, Attorneys at Law

QUESTION:
When does child abduction become an issue in a divorce?

ANSWER:
The problem arises either before the divorce is final or after the divorce is over. In both cases, we would be dealing with a parent who fears losing his or her family, fears loss of custody, and takes matters into their own hands.


QUESTION:
During the divorce process, what safeguards can be put together to assist prevention of this abduction.

ANSWER:
If the parent can prove that there is a real threat of abduction, the court can put on an entry for supervised companionship. That is, the threatening parent could only see the children with a court-appointed supervisor monitoring the parenting time.


QUESTION:
What if there is a concern that a parent intends to leave the country with the children?

ANSWER:
The client should immediately notify his/her attorney. The attorney can file a motion for restraining order preventing the issuance of a passport and preventing removal of the children from the country. This may be done the same day as notification by the client.


QUESTION:
Isn’t this just a piece of paper? How can this restraining order help?

ANSWER:
The attorney can fax and mail this specialized restraining order to the U.S. Passport Office. This agency will red-flag any attempt by a parent to obtain a passport and will notify the attorney, will prevent issuance of a passport and will prevent use of an existing passport.


QUESTION:
If there is a parental abduction, what steps should the parent take?

ANSWER:
1. Call the police and make a report.
2. Call the attorney so the court can be immediately involved in retrieval of the children.
3. Call the National Center for Missing and Exploited Children at 1-800-843-5678.



Articles appearing herein are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek the advice of a licensed attorney.