Child custody is perhaps the most important matter upon which the court will rule during your divorce case. Keep in mind that you and your spouse continue to hold equal custodial rights until proceedings are over, and any attempt to prematurely distance the child from the other parent might be an act of parental kidnapping.
Parental kidnapping is a malicious act of misconduct in which one parent takes their child a great distance away from the other, sometimes even out of state or out of the country. This is an infringement of the other parent’s rights and a form of abuse against the child, and the court will consider it as such during your child custody case.
How should you respond to parental kidnapping?
Unless your spouse has a temporary custody order that allows them to travel with your child without your consent, the act is a crime. You should collect evidence that your spouse is guilty of this wrongful act so that your legal advocate may present your case at a custody hearing. You might also follow up on this traumatic event by seeking mental health treatment for your child.
What can you do when accused of parental kidnapping?
If you or your child are victims of abuse at the hands of your spouse, you might feel justified in taking the child away as an act of self-defense. You must sufficiently prove that the other parent is a threat to your child’s safety. Otherwise, the court may rule that you are guilty of parental kidnapping.
Parental kidnapping is a crime as well as a form of mental abuse inflicted upon the child. The court is likely to rule against the guilty parent when determining matters of child custody following a divorce.