Parental Abduction: When a Parent Does Not Return a Child

 Posted on April 05,2016 in Child Custody

When divorced parents have a parenting time agreement in place, the agreement includes specific times when the child will be with each parent. These guidelines are in place to ensure that the child has a sufficient amount of time with each parent to build and maintain a meaningful relationship with him or her. If one parent continually violates the terms included in his or her parenting agreement, he or she is committing contempt of court and may be subject to civil penalties.

Sometimes, circumstances force parents to cut their time with their children short or run a bit over their designated parenting time. As a divorced parent, you need to be sensitive to these circumstances and willing to be flexible with your child's other parent. That said, you could also face blatant disregard for the court's orders or even an attempt to keep your child from you. Use your discretion to determine whether you need to involve your attorney and the court to resolve parenting time issues such as this.

Parental Abduction

Parental abduction refers to instances where a child is taken by one of his or her parents and kept in excess of that parent's court-ordered time with the child. Examples of parental abduction include:

• A parent who does not have a court-ordered parenting time agreement in place taking a child from the other parent;  
• A parent refusing to allow his or her child to spend time with the other parent, despite having a court order that requires both parents to have consistent time with the child; and       
• If the parents are married, one parent taking the child without the other's consent and keeping the child away from him or her for 15 days or longer without making any effort to notify the other parent about the child's whereabouts. If the child was taken through force or threat of violence, the 15-day rule does not apply.  

If you fear your child is a victim of parental abduction, notify local law enforcement in the area where your child is or you believe him or her to be as soon as possible. Notify your lawyer as well so he or she can record this incident to use it in future court proceedings regarding your parenting time agreement.

Work with a Kane County Family Attorney

When you have a parenting time agreement in place, you and your child's other parent need to do your best to uphold the requirements included in that agreement. This means keeping the schedule included in the agreement and allowing your child to build healthy relationships with you both. If you face an issue related to parental kidnapping or other disregard of your parenting time agreement, speak with an experienced Kane County family attorney to determine the best way to resolve your issue. Our team at the Goostree Law Group is here to help you. Contact our firm today to schedule your initial legal consultation with us.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K10-5

https://portal.chicagopolice.org/portal/pls/portal/!PORTAL.wwpob_page.show?_docname=715101.PDF