What Is Parental Kidnapping?

 Posted on November 19, 2024 in Child Custody

When you have a child custody order or agreement, you should be able to rely on your co-parent to follow it. If it is your turn to spend time with the children and your spouse does not show up, you might be left wondering what to do. Depending on the situation, you may initially assume that your co-parent has lost track of time and forgotten that there was supposed to be a custody handoff that day, or you may be very worried immediately. When you realize that your co-parent is not coming and is not answering his phone, you may become worried enough to call the police. If your co-parent has concealed your children from you without a court order, you need an experienced DuPage County, IL child custody attorney to help you change your parenting plan.

Understanding What Parental Kidnapping Is 

Parental abduction is when one parent knowingly conceals the children from the other parent for at least 15 days without making reasonable efforts to notify the other parent. It can be frustrating for parents to wait 15 days without seeing their children to find out whether the police will treat the situation as a parental kidnapping. If your co-parent is giving you updates on where he or she is with the children during that time, your case might not be considered an abduction. However, if your co-parent has taken the children and fled with no plans to return them, he or she has likely committed parental abduction.

Unlawful Interference With Parenting Time

Your co-parent may be committing a misdemeanor if he or she intentionally refuses to allow you your parenting time. If your ex fails to return your children to you when it is your turn to spend time with them, he could be arrested for interfering with your parenting time. Most situations where one parent has taken the children against the other’s will and is in violation of a court order are handled this way.

It is important to note that your co-parent is only committing a crime if he is intentionally interfering with your parenting time. Running late or even missing a custody exchange by mistake is normally not a crime.

Changing Your Parenting Plan After a Parent Withholds The Children 

If your co-parent has violated your parenting plan by not giving you the parenting time you are entitled to, the court will likely take that strongly into consideration. Courts tend to look down on parents who deliberately withhold the children and disobey court orders. You may be able to receive make-up parenting time, at a minimum.

Contact a DuPage County, IL Child Custody Lawyer 

Hensley Sendek Law is committed to helping divorced parents give their children the best life possible. Our dedicated Wheaton, IL child custody attorneys will help you fight back against a co-parent who is withholding your children. Contact us at 630-358-9029 for a complimentary consultation.