Custody & Kidnapping

As you may know, once a custody order is issued, both parents are supposed to follow the order unless and until it is changed (modified) by a judge. When one parent leaves the state with a child without the court’s permission, or in violation of a custody order, the other parent may report it to the authorities – the police, the judge on the custody case, or both. In general, if someone reports a custody-based crime to law enforcement, the police may evaluate whether the person’s actions violate the criminal law and the district attorney may decide whether or not to prosecute. Here is the law related to custodial interference in STATE FROM WHICH SHE FLED [hyperlink]. The law from the state where the parent leaves from is the relevant law for parental kidnapping purposes.

In addition to any crime that is could be considered, violating the terms of a custody order can be considered contempt of court and could result in losing any sort of custody rights or making visitations supervised only, as well as any other sort of fines or penalties that the judge imposes.

If someone flees because s/he or the child is in immediate danger of maltreatment or abuse, it could be possible to ask for temporary, emergency custody in the state that they flee to. You can read about filing for temporary emergency custody in STATE on our website. [GO TO THE PK PAGE AND SEE IF THERE IS A SPECIFIC QUESTION ABOUT FILING FOR TEMP EMERGENCY CUSTODY AND ONLY LINK IF THERE IS] For information and possible help finding a lawyer to represent you in such a case, you can contact the Legal Resource Center on Violence Against Women, which specializes in interstate custody cases involving abused women. Their contact info is:
www.lrcvaw.org
800-556-4053 (Monday-Friday, 9-5 EST)

In addition, there is a non-profit organization called Greater Boston Legal Services that has a “Relocation Counseling Project,” which provides information to domestic violence victims in any state who are fleeing abuse and relocating. Although they don’t provide direct legal representation, they can help you think through your options with an eye towards keeping you safe. They can work with local domestic violence programs to find safe and affordable places with the best privacy options based on relevant state laws, Address Confidentiality Programs, DMV procedures that are friendly, etc. They can be reached at 1-800-323-3205.

Another resource for you may possibly be the National Clearinghouse for the Defense of Battered Women (NCDBW) if you think that there may be a warrant out for your arrest based on violating the court order of custody/visitation or if you believe that you are being charged with parental kidnapping. They help battered women charged with crimes that are related to the domestic violence so if you fled due to domestic violence, perhaps you can talk to them to see if this may possibly be a defense to the crime or to try to get other legal help. If you do not know if there is a warrant out for you for violating the order or for parental kidnapping, you may want to let the NCDBW know that you are unsure if there is a warrant but you wanted to talk to someone in case there is one. Their number is either 800-903-0111 x3 or 215-351-0010.

Lastly, the Battered Women’s Justice Project has a hotline from 8:30AM-4:30PM, CT, at 800-903-0111, ext 1. They may be able to help you plan for your safety and clarify your options regarding legal actions.

We also have links to local legal organizations that provide free legal services in STATE [HYPERLINK] on our website if none of the above pan out.