Legal Definitions - parental kidnapping

Parental kidnapping refers to the act where a parent, or someone acting on their behalf, takes, detains, or conceals their own child in violation of a court order regarding custody or visitation, or without the consent of the other parent who has legal custody rights. This offense is distinct from general kidnapping because the perpetrator is a parent of the victim, and it often involves the intent to deprive the other parent of their lawful custody or visitation rights.

Here are some examples illustrating parental kidnapping:

• Example 1: After a contentious divorce, a court grants joint legal custody of a child to both parents, but designates the mother as the primary residential parent. The father, feeling unfairly treated by the custody arrangement, decides to take the child on what was supposed to be a weekend visit and moves to another country without informing the mother or seeking court permission. He then refuses to return the child or disclose their location.

  Explanation: This is an example of parental kidnapping because the father, despite being a parent, violated a court-ordered custody arrangement by removing the child from the jurisdiction and concealing them from the mother, thereby depriving her of her legal custody rights and access to the child.

• Example 2: A couple was never married, and a court order grants the mother sole legal and physical custody of their toddler. The father has supervised visitation rights. During one such supervised visit, the father manages to leave the visitation center with the child and disappears, turning off his phone and cutting off all contact with the mother and the supervisor.

  Explanation: This situation constitutes parental kidnapping because the father, who does not have legal custody, took the child without the consent of the mother, who has sole legal custody. His actions directly violate the court order and deprive the mother of her lawful custody.

• Example 3: A court order specifies that a father has visitation with his teenage daughter every other weekend. One Friday, when the mother is supposed to drop off the daughter for visitation, she instead takes the daughter to a remote cabin she owns, turns off her phone, and instructs the daughter not to contact her father, effectively preventing the scheduled visitation for the entire weekend.

  Explanation: This demonstrates parental kidnapping through concealment. Even though the mother did not take the child across state lines or for an extended period, her intentional act of hiding the child and preventing court-ordered visitation constitutes parental kidnapping because it unlawfully interferes with the father's legal right to access and spend time with his child.