My Ex Abducted My Child and Left the State – What Can I Do?

 Posted on September 24, 2024 in Child Custody

When there has been an acrimonious divorce and a contentious allocation of parental responsibilities, the parent with parenting time (formerly known as visitation) might decide to take the child and leave the state – or even the country. If you are the primary residential parent and your ex has not shown up with your child after his or her parenting time, you may understandably be anxious and frightened. Even when it is done by a parent, child abduction is illegal as well as harmful to the child.

If you suspect your ex may be leaving the country, this site has many resources. If you believe your child has been abducted by his or her other parent, call the local police as soon as possible. The quicker the police begin looking, the more likely they are to find your child before he or she is out of the state or country. Your next call should be to your Warrenville, IL parental responsibilities lawyer. When you choose Hensley Sendek Law, you will have an attorney with a deep understanding of Illinois laws and the issues surrounding the parental abduction of a child.

How is Parental Abduction of a Child Determined?

If a parent does any of the following, he or she has committed parental abduction:

• A parent hides the child or takes the child away from the other parent, intentionally violating a court order that granted the other parent primary residential responsibilities.
• A father who has not yet established paternity hides or takes the child away without the consent of the mother and with no court order in place.
•  Before the allocation of parental responsibilities has been put into place, a parent removes or conceals the child.
• A parent who was previously married to the other parent carries out a threat to abduct the child during the divorce.   

What Can I Do If I Suspect My Ex Might Abduct My Child?

If your ex has a history of threats regarding taking the child from you, is extremely controlling, or has strong ties to another state or country, you have reason to be concerned. Protecting your child is paramount. You can do this by having a detailed allocation of parental responsibilities in place that clearly lays out parenting time and designates you as the primary residential parent.

If you fear imminent abduction, you can file an emergency motion for an Illinois Temporary Restraining Order, then submit a Petition for Order of Protection, listing your child as the protected party. Always trust your instincts and keep in touch with your family lawyer regarding your fears.

Is Parental Child Abduction a Criminal Offense?

Parental child abduction is a criminal offense – and a very serious one. Illinois classifies parental abduction of a child as a Class 4 felony, with penalties that can include from one to three years in prison.  It may be more difficult to prove parental child abduction when there is no official court order in place that specifies where the child should be at any given time, and more difficult to convince law enforcement to look for your child.

If there is no court order in place, under the statute, parental abduction occurs when one parent knowingly conceals a child for at least 15 days without making any attempt within that time to notify the other parent. If you have not yet established the allocation of parental responsibilities, this could mean your ex could be out of the state and even out of the country before law enforcement begins looking for your child.  

Contact a DuPage County, IL Parental Responsibilities Lawyer

Parental abduction of a child is a complex legal matter. Explore your options with your Naperville, IL parental responsibilities attorney, especially if you believe your ex is capable of abducting your child. At Hensley Sendek Law, attorney Jessica Sendek has a deep understanding of the anxiety you are feeling and has unique experience regarding state-to-state and international child removal abduction. Call 630-358-9029 to schedule a free consultation to discuss the ways you can protect your child from a possible parental abduction.