Is Your Child’s Other Parent Guilty of Parental Abduction?

 Posted on August 06, 2021 in Child Custody

When parents are divorced or unmarried, having a court specifying the allocation of parental responsibilities and parenting time is essential. Not only does a parenting plan ensure that parents understand their rights and expectations regarding parenting duties, it also provides valuable stability in the life of the child. If parents cannot agree on the terms of their parenting plan, the court will step in and make a decision on the unresolved issues for the parents. Whether parents reach a parenting plan agreement on their own or the court hands down a decision for them, parents are required by law to adhere to the plan. Failure to do so can result in charges for parental abduction.

What Is Parental Abduction?

From time to time, parents may mistakenly fail to comply with the provisions set forth in the parenting plan. A parent may forget to drop off their child for the other parent’s allotted parenting time or lose track of time. Minor instances like these do not constitute parental abduction.

However, when a parent refuses to comply with the parenting plan, forcibly removes a child from the other parent, or conceals a child at an unknown location, the parent may be guilty of parental abduction.

Parental Kidnapping Prevention Act

Parental abduction occurs when a parent keeps a child in violation of the other parent or guardian’s rights. If two parents have a parenting plan that assigns parenting time to both parents, a parent may commit parental abduction or parental kidnapping if he or she retains the child during the other parent’s parenting time. Parental abduction may also occur between married parents when a parent conceals a child at an undisclosed location for more than two weeks without the other parent’s knowledge.

Per the federal Parental Kidnaping Prevention Act, only the state in which the child lives has jurisdiction over child custody decisions. This law was instituted in part to reduce conflicts regarding jurisdiction and prevent parents from moving states in search of child custody laws that are more favorable to their situation. The Parental Kidnapping Prevention act also prevents parents from taking a child to other states during custody disputes.

Contact a Wheaton Child Custody Lawyer

If your child’s other parent is not complying with your parenting plan, do not wait to take action. DuPage County family law attorney Jessica Sendek has extensive experience handling child abduction and removal cases, including interstate and international removal and abduction cases. She can also help parents who need to establish or modify parenting time or parental responsibilities. Call Hensley Sendek Law, LLC at 630-358-9029 for a free, confidential consultation.

Sources:

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

https://www.bwjp.org/assets/documents/pdfs/a_practitioner%E2%80%99s_guide_to_the_parental_kidnapping_prevention_act_pkpa.pdf