Can a parent kidnap a child?

Answer 1

Yes. It is also kidnapping if the CUSTODIAL parent abducts the child, on the grounds that they are interfering with the other parent's care/access of the child (assuming a court order in place granting such access).

Answer 2

Yes, if the child has actually been kidnapped.

However, if the non-custodial parent reports the custodial parent for kidnapping, when in fact the custodial parent is simply in legal custody of the child, the non-custodial parent could be prosecuted for filing a false police report.

Answer 3

Absolutely not. A refusal to return the child is a serious situation. If the child is not returned at the time provided in the visitation order the custodial parent should call the police, ask to make a report in person and provide the police with a copy of the court orders for custody and visitations. If the police will not come to you then have someone who can vouch for you accompany you to the police station. At that point the non-custodial is in contempt of a court order. The police report should be filed in order to memorialize the situation. Hopefully the situation can be resolved with the help of the police. An Amber Alert may be issued depending on the circumstances and state laws.

The mother should contact her attorney or a legal advocate at the court as soon as possible after the event. A non-custodial parent who defies a court order and refuses to follow the rules may present a risk to the child in the future. The custodial parent can request a modification of the visitation order and request that the NC parent be evaluated. An NC parent who refuses to return a child raise all kinds of red flags. Neither the child nor the custodial parent should be exposed to that kind of aggressive behavior. The NC parent may eventually lose visitation rights altogether.

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Answer 4

If the non- custodial parent takes the child without permission it is considered kidnapping.

Answer 5

This would not be considered kidnapping if the parent has legal custody. However, to be safe that parent should return to court immediately and ask for assistance in picking up the child.