What is Parental Abduction?

 Posted on July 29, 2015 in Child Custody

Parental abduction, also sometimes known as a family abduction, is any taking of a child by his or her parent that violates the parent's custody order. Surprisingly, this type of abduction is actually more common than abduction by strangers.

Parental abduction is a serious crime. A parent who takes their child or keeps him or her in excess of his or her allotted parenting time can face fines, probation, or even jail time if he or she is convicted of parental abduction. To avoid this type of charge, talk to your spouse about your plans regarding your child. If you want to take him or her for extra time, work this out beforehand and involve your attorney if necessary, just so it is on record.

Parental Abduction Defined

In the Illinois Criminal Code, parental abduction is defined as any circumstance where one of the following occurs:

• When a parent takes the couple's child from the other parent through force or the threat of force and keeps the child away from the other parent for 15 days or longer;
• If one parent refuses to allow the other parent to spend his or her allotted parenting time with the child; or   
• If a parent does not have a court-ordered custody plan in place, but takes the child from the custodial parent without the custodial parent's consent.

If your child has been forcefully taken from you or kept beyond your former partner's parenting time, contact law enforcement to file a report of parental abduction. In the situations listed above, it is illegal for a parent to take his or her child without the other parent's consent – do not feel like you are somehow hurting your child or former partner for reporting an act of parental abduction if one has truly occurred.

There are certain circumstances under which an act of taking a child without the other parent's consent may be deemed to not be an act of parental abduction. One is when a parent takes his or her child and keeps the child from the other parent for 14 or fewer days. The child must be taken for 15 days or more in excess of the non-custodial parent's parenting time for it to be considered to be an act of parental abduction. Another example of a circumstance where taking a child is excusable is if the parent believes that the child is in danger of becoming a domestic violence victim in his or her custodial parent's home.

Family Attorneys in Kane County

Contact Goostree Law Group to learn more about your rights as a parent with a custody order in place. We can help you determine what you may and may not do with your custody order, which can also include restrictions on how far from home you may take your child. We are proud advocates for parents and families and if you are facing a legal accusation regarding your child, we are here to defend your case. Contact our dedicated Kane County family attorneys today.