What You Need to Know About the Consequences of Keeping a Child Away from their Other Parent
Unless the court states otherwise, it is wrong for a parent to keep their child from seeing their other parent. Here is what you need to know about how keeping a child away from the other parent can backfire.
If a court order has mandated that parents share custody of their child, keeping a child away from their other parent is a direct violation of that order. Most of the time, the court does not look kindly upon those who violate a child custody court order, as the main purpose is to keep both parents involved in the life of their child.
Consequences of Keeping a Child Away From the Other Parent
Parents are often viewed as having equal parental rights under the law. If a parent decides to move the child to a second or unknown location to keep the other parent from seeing them, this is considered parental kidnapping. Civil consequences can arise from parental kidnappings, such as loss of custody, loss of visitation rights, and the need to provide compensation to the other parent or the child or both.
Related: Parental Kidnapping in California: What You Need to Know
Failing to return a child after a scheduled visitation is not considered kidnapping, however, also has negative consequences. If the court orders joint custody, failing to return a child after a scheduled visitation can be seen as a crime of interference with custody. In many cases, this is regarded as contempt of court, which allows the other parent to file a motion to show cause of contempt of court. A decision that finds contempt can have serious legal consequences, such as jail time, fines, and other sanctions. A parent must return the child in the following 48 hours after the scheduled visitation if the custodial parent has demanded the return of their child.
FAQs About How Keeping a Child Away From the Other Parent Can Backfire
Can a parent legally stop a child from seeing their other parent when there is no court order?
Even parents who have legitimate concerns regarding the other parent (such as substance abuse, anger issues, or lack of parenting skills) still need a court order to prevent the other parent from seeing their child. If there is no legal basis for a parent to keep their child from the other parent, it is wrong for them to do so and may result in negative consequences. The parent should seek an immediate modification of child custody and visitation orders.
Related: How to Modify Child Custody in California
Can parents create an agreement without a judge regarding a child custody court order?
Parents can create an agreement regarding child custody. Many times, an attorney can include an agreement between the parents in a court order which then becomes legally binding. This means that it is recognized and treated with the same respect as a court order.
Related: Child Custody With No Court Order in California
What are the advantages to creating your own child custody order?
One advantage of creating your own child custody order is that parents have the freedom to create an agreement specific to their situation and with their child in mind. This allows parents to be creative with their agreement in ways that a judge cannot be.
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If your ex-spouse is keeping your child away from you, contact us. Get your free consultation with one of our California Child Custody Attorneys today!