Can a Parent Be Found Guilty of Kidnapping if They Take Their Own Child?

Posted on: December 21, 2021

Can a Parent Be Found Guilty of Kidnapping if They Take Their Own Child?

It may seem unfathomable that a parent might be accused of kidnapping their own child under California law, but it is real. If you are considering removing your kid without a custody arrangement that permits it, please read this first and then contact Law Office of Michael L. Fell at (949) 585-9055 so that we may work together to establish a legal path to your desired outcome.

Parental Kidnapping’s Most Common Causes

These instances usually arise when a very severe divorce and/or custody struggle is taking place. When there isn’t a documented custody arrangement in existence, one parent may falsely accuse the other of abduction. This is only one of the many reasons why a legally enforceable custody agreement should be kept on file.

The Law is Unmistakable

California distinguishes between parental kidnapping, interfering with a custody arrangement, and child abduction. A child abduction occurs when someone kidnaps a child and hides them from their parents or legal guardians. A parent can do this, but it may also be done by a stranger, a family member, or anybody else. Interfering with a parent’s right to custody is self-explanatory.

Parental abduction is a serious felony that involves forcing or threatening a child to go a great distance. A person convicted of parental abduction faces not only the loss of their child, but also the possibility of serving up to eight years in jail and paying fines of up to $10,000.

In general, if there isn’t a custody order in place, it isn’t considered kidnapping.

There are likely to be no legal consequences if a parent does not have a custody order in place and takes their kid from the other parent without authorization. The parent who has lost custody of the children, on the other hand, has the option of requesting an ex parte temporary custody order, which is granted if the kid is in urgent danger or damage. If it is granted, you may be charged with kidnapping and/or abduction.

When deciding how to handle a parental kidnapping case, the judge will consider a number of factors.

Not every parental kidnapping case is handled the same way. When a youngster is under the age of fourteen, for example, the situation will be addressed differently than when older children are involved. The judge will consider the age of the child, the distance the child was removed from their home, how the child was handled while taken, whether anybody was physically intimidated or abused, and whether attempts were made to conceal the child’s identity.

If you’re considering taking your child because you don’t have any other options, or if you’ve already had your child taken and need to file an emergency ex parte temporary custody order, call Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation with an experienced family law attorney.