What To Do When Parental Child Abduction Occurs in California? 2024

When one parent takes a child out of state or international boundaries without the other parent’s consent or in defiance of court orders, they are committing the criminal act of parental child abduction. You may be wondering, “What to do when parental child abduction occurs in California?”

If the child is taken within the state or across state lines, fast legal action must be taken to get the child back. California law has several legal protections for parents who have had children abducted, and the next steps can protect your parental rights and your child is protected.

Immediate Steps to Take When Child Abduction Occurs

When you suspect parental child abduction, you need to act quickly. The first step is to submit a report to your local law authorities. Once law enforcement is contacted, they can issue an Amber Alert or launch a child abduction investigation if required.

In addition, tell your attorney and the family court that issued your custody orderhttps://www.orangecountyfamilylaw.com/orange-county-child-custody-lawyer/. If the child is taken out of state, California’s Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) takes effect, ensuring that custody rulings are followed across state borders.

California Laws Addressing Parental Child Abduction

In California, parental child abduction is illegal under Penal Code Sections 278 and 278.5. It is unlawful for a parent to intentionally abduct or hide a child to remove a parent’s right to custody. This California Child Abduction Prevention Act also grants the court’s jurisdiction to prevent abductions by prohibiting travel, requiring supervised visitation, or forcing a parent to return the child’s passport.

Parents threatened with abduction can petition for protective orders to protect their children, such as special custody orders or TROs, if there is a real danger of abduction.

Legal Remedies for In-State and Out-of-State Abductions

If your child has been abducted within California, the police can launch a child recovery operation. California’s family courts have the authority to impose legal remedies, such as amending the custody order to grant sole custody to the non-abducting parent. If the child has been removed from California but remains in the United States, the UCCJEA provides a method for the other state to enforce custody orders and return your child.

In the most severe circumstances, parents may claim civil damages incurred because of the abduction, such as emotional distress or lost wages, while both parents face criminal penalties, including incarceration, fines, and/or supervised visitation upon the child’s release.

How to Prevent Parental Child Abduction

An essential step in preventing child abduction is taking precautionary legal measures before there is any actual kidnapping. When parents believe there is a risk that the other parent will abduct their child, they may ask the court to include in a custody order one or more abduction prevention measures. Such measures might require the parent to surrender the child’s passport, prohibit travel without court approval, or require visitation to be supervised.

Courts might even issue orders that prohibit a parent from moving out of state with a child without first informing the other parent or without first obtaining court approval. If you think you have reason to worry about parental kidnapping, then you should speak with an attorney and take steps to try to prevent it from happening.

The Role of Law Enforcement in Child Abduction Cases

Law enforcement is also an important player in responding to parental child abduction cases. Once a report is made, an officer will investigate the child’s location and take steps to immediately locate and recover the child.

If the child has been taken across state lines, a local law enforcement agency may work with a federal law enforcement agency, such as the FBI, to locate and return the child home safely. In California, police officers also play a role in enforcing court orders for recovery.

FAQs

What Is Considered Parental Child Abduction in California?

When one parent abducts their child from the other parent without their consent or in violation of a court agreement, it is considered parental child abduction in California. Since this is a crime, there are both civil and criminal remedies available to get the child returned home safely.

What Should I Do if My Child Has Been Taken Abroad?

If your child has been taken abroad, quickly notify your local authorities, submit a report, and seek assistance from the United States Department of State if your kid has been abducted and transported abroad. To request the return of the kid, you can also use the Hague Convention, which both countries must be signatories to.

Can I Request a Custody Modification After a Parental Abduction?

If a parent has abducted a child, the non-abducting parent may request a modification of the custody arrangement. California courts can issue emergency orders to change custody rights, especially if the abduction places the child at risk. Courts prioritize the child’s safety and well-being when making these decisions. Any questions about your case should be directed to your attorney, who can help you take the next steps.

Are There Any Programs or Resources in California to Help Prevent Child Abduction?

California offers several different resources, including the Child Abduction Prevention Unit, which helps parents prevent abduction by issuing protective orders, travel restrictions, and requiring a parent to surrender a child’s passport or other travel documents. These programs are designed to safeguard children and ensure that custody orders are respected.

Contact a California Family Attorney

Parental child abduction is a frightening experience that requires swift legal action to protect both the child and the non-abducting parent. California laws, along with international treaties like the Hague Convention, offer critical tools to recover abducted children.

At Quinn & Dworakowski, LLP, we are dedicated to helping parents navigate these urgent situations and providing the legal support necessary to secure a child’s safe return. Our team is experienced in handling high-stakes abduction cases, both within the state and internationally. If you are dealing with parental abduction, don’t hesitate to reach out to us today to book a consultation and get the help you need to bring your child home.