Parental Kidnapping – What Is It and What Are Your Rights?

 Posted on November 06, 2017 in Divorce

Under Illinois state law, each child has the right to receive support from each of their parents – that includes mental and emotional support and physical bonding time. Sadly, when a divorce starts, there are parents who will stop at nothing to get their way. Some may even go so far as to kidnap their own children so they can “get even” or win in negotiations. Learn more about parental kidnapping, including what it is and what your rights are, should it ever happen to you.

What is Parental Kidnapping?

Any parent that willfully, intentionally, or maliciously takes their own children and attempts to hide them or otherwise deny the other parent access may be charged with parental kidnapping. Some never leave the state. Others relocate to an entirely different country. Either way, parental kidnapping is both a family law tragedy and a crime.

Understanding Your Legal Rights

Although parents who have had their children taken from them do have rights – especially when there is a pending family law case – many fail to exercise them. In fact, statistics suggest that parental kidnapping is “grossly underreported,” perhaps because the victimized parent does not wish to deprive the children of the offending parent. Alternatively, one may forgo reporting because they do not want the offending parent to suffer any ill will. Either way, failure to report the kidnapping can have negative effects on your child and their future.

Parents who are victimized by parental kidnapping can also request that the family courts allow evidence from the criminal case is considered. If successful in having it allowed, it could be used as a consideration in the judge’s allocation of parental responsibilities and parenting time decision. Depending on the situation, that may be crucial to the future safety of your children.

Contact Our Naperville, IL Divorce Lawyers

At J. Aldrich Law, P.C., we take matters involving children seriously. Regardless of what you are up against, we will aggressively represent you in your family law case. We can even advise you as you navigate through the reporting process to increase the chances that your children will be returned to you, safe, sound, and hopefully soon. Learn more about how we can assist with your case by scheduling a personalized consultation with our Naperville, IL divorce lawyers. Our attorneys will strive to meet all your family law needs. Call 630-953-3000 today.

Source:

https://www.hayspost.com/2017/10/12/indictment-mom-took-kids-from-kansas-to-russia-amid-divorce/

https://lawpublications.barry.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1018&context=cflj

 http://www.lrcvaw.org/laws/pkpa.pdf