WomensLaw serves and supports all survivors, no matter their sex or gender.

Hotline

Custody & Kidnapping

Paragraph on liability if custodian gives kids to other parent against terms of order without first modifying order

THIS IS INTENDED FOR A SITUATION WHERE ONE PERSON HAS CUSTODY AND THE OTHER WAS DENIED CUSTODY - BUT THE CUSTODIAN DOESN’T WANT TO GO TO COURT TO ASK THE JUDGE TO GIVE CUSTODY TO THE OTHER PARTY AND WANTS TO DO IT INFORMALLY:

However, in some situations where both parties agree to change the order, the parties may decide to make an informal agreement to act in a way other than what is specified in the order. If someone is thinking about possibly going this route and ignoring the judge’s custody order, s/he may want to talk to an attorney to get advice as to whether or not the person who is supposed to have custody could face any liability if something happens to the child while in the other person’s care.

© 2008–2024 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). NNEDV is a 501©(3) non-profit organization; EIN 52-1973408.