Child Abduction During a Divorce
Child abduction is one of the most extreme tactics people take during the divorce process. According to the US Department of Justice, each year about 350,000 children are victims of child abduction when parents separate or divorce.
If this has happened to you during a
child custody modification case, or at any point during a divorce, there is legal action you can take through the help of a child custody attorney.
The Trend of Child Abduction and The Hague
Many times, a parent abducts a child and moves the child internationally, which creates very serious problems. Because of international child abduction, in 1980 the US along with other nations implemented the Hague Convention on the Civil Aspects of International Child Abduction. The purpose of The Hague is to help child custody modification attorneys protect children from wrongful removal or retention in a foreign country.
If you have any thoughts that your child might have been or will be wrongfully removed and taken to a foreign country, you should call the authorities and a child custody modification attorneys to determine whether the country is a member of the Hague Convention.
In fact, the United States added certain language to American passports in the mid 1990’s regarding international parental abduction, as this type of abduction is a federal felony under U.S. law. If you are concerned about international child abduction, seek the guidance of a child custody modification attorneys who can submit an application for assistance under the Hague Convention.
The sad fact is that in the majority of the cases, a child is abducted because the parent is not set to win custody, thus would become the minority parent.
In addition, more often then not, child abduction is meant to hurt the other person in the divorce.
Therefore, even if you are a parent set to win main custody of your child, you need to have a child custody modification attorneys on your side for legal guidance to avoid this occurrence.
Child Abduction Laws a Family Lawyer will Know
Very often the parent will flee with the child in order to prevent the other parent from visiting or seeing the child. In many states, if there is no formal custody order in place and the parents do not live together, the removal of a child by one parent is not an offense.
Still, many states have now criminalized interstate child abduction. In fact, the National Conference of Commissioner on Uniform State Laws embarked on a project to draft a uniform state law dealing with parental abduction.
There are also other laws that have been enacted that a lawyer can explain to you, which include the Parental Kidnapping Prevention Act designed to deter interstate parental kidnapping as well as enforcing child custody.
Preparing Yourself with a Child Custody Attorney
Before going into a custody battle, it is vital to get legal help and to go through the proper channels and avoid abduction.
Also, when things get messy and there is fear that one spouse may try to kidnap the child; it’s best to be prepared. Even the fact that you have hired a child custody attorney may deter your spouse from making any rash decisions.
If you have any ideas that your child might be abducted you should:
- Notify your child’s school if there is a threat of child abduction
- Make sure any teacher or babysitter is instructed that they are not to allow anyone to leave with your child unless that person has been authorized
- Speak with a child custody attorney or family lawyer before taking any measures to be sure you’re within your legal rights.
- Keep a record of any threats by writing them down for the child custody attorney.