Parental abduction is a serious crime in California, and refers to when one parent takes, details, or conceals a child from the other parent for any length of time. Unfortunately, this is not an uncommon phenomenon in circumstances where the parents may be separated, where there has been a custodial violation, or if there is a lack of a custody agreement. Here are 7 ways to help prevent parental child abduction in California.
1. Enforce child custody orders
Cases of parental child abduction are likely a result of a disagreement with custody decisions, or if a custodial violation has taken place. If you and your experienced family law attorney are carefully reviewing the custody situation to assure mutual agreement upon terms, then any violation of these terms may result in larger fines, loss of custody, or loss of visitation rights.
Related: Do Police Enforce Child Custody in California?
2. Pay attention to prior threats of or prior instances of abduction
When one parent has made credible threats to abduct a child in the past, or there is serious reason to believe they may do so in the future, it may be best to confide this to your lawyer. You may be eligible for emergency custody, or further action may be taken especially if there are indicators of an imminent threat of flight with the child. A California judge may grant an ex parte temporary custody order if there is proof of immediate harm to the child, or immediate risk present that the child may be removed from the state.
Related: Ex Parte Custody Order: California Family Code 3064
3. Pay attention to any warning signs of a possible flee in progress
Serious indicators and warnings signs that your partner may be on the flee include:
- Divulged plans regarding abducting your child, and has external support from family, friends, or a network needed to survive in hiding
- Recently liquidated their assets, made maximum withdrawals on their credit card(s), or borrow money from other sources
- The parent is unemployed, homeless, and without emotional or financial ties to an area
4. Know your rights
Increasing parental access to legal resources and understanding your rights involved with custody battles is incredibly important. If you are aware of prior threats from your spouse stating they may take the child, or if they have a history of refusing visits or hiding your child, you may obtain a certified copy of a custody/visitation order specifying access and jurisdiction.
Related: Parental Kidnapping in California: What You Need to Know
5. Flag important documents
Flagging passports or even school, medical, birth records creates a statute where both parents need to approve the release of any of these materials, or be advised of the other parent’s request to see these materials. This will be a helpful indicator of any parental misconduct or prove to be valuable if you feel your child is under the threat of abduction.
6. Have a judge order supervised visitation
If a judge feels that there are threats against the protection and safety of a child involved in a custody battle or parental separation, they may order supervised visitation. At the time it is ordered, the court would specify who will provide the supervised visitation services and where the visits will take place. Here is a helpful video explaining how supervised visitation and exchange services in California operate.
7. Consult an attorney
By speaking with an experienced family law attorney, you may gain a more in-depth understanding of your legal options and rights. It is also useful to have a lawyer who understands your particular circumstances, including the possibility of obtaining an order that prevents your child from traveling outside the country or putting orders into place to limit threats of your child being removed from the state.
Contact Us
If you or a loved one have any more questions about ways to help prevent parental child abduction in California, contact us. Get your free consultation with one of our California Family Law Attorneys today!