Child Custody Kidnappings: Rare, But Serious Crimes
While child custody issues can be the most contentious subjects involved in a divorce proceedings, those involved in a child custody battle, no matter how amicable or hotly disputed, should be aware of the legal consequences of certain actions now that they are in the middle of a divorce. Certain behavior that would have been just fine previously now may be prohibited, or only allowed with special provisions.
Visitation and shared custody arrangements in particular pose their own special set of problems, as parents may be used to certain living arrangements and activities with their children that can cause them to violate orders of the custody arrangement.
Consider that flexibility in schedule and activity is part of most marriages, but during divorce proceedings, spouses are typically in no mood to easily forgive being late or changing plans last-minute. Some may see it as a sign of hostility directed toward them, and in some cases, unfortunately, that assumption is true.
Furthermore, one spouse might be looking at serious trouble rather than just a stern word of reprimand.
If court-mandated visitation times are avoided by one parent, or deadlines for returning children are not met, it can become a crucial part of a divorce dispute over custody. The judge will be reviewing behavior of each spouse and such violations, intentional or unintentional, which could paint a picture of irresponsibility and inability to follow court orders. This is something most divorce lawyers will use to warn their clients in advance.
While rare, custody kidnappings are even more serious a crime. While a spouse might threaten to leave with a child or not bring a child home from a visit in a tense moment, acting upon these threats is a grave crime that can lead to prison time.
The most recent case like this to make the news is that of a wealthy businessman named Clark Rockefeller who abducted his 7-year-old daughter after the girl's mother was given sole custody of the girl. Rockefeller is now being pursued by the FBI, and is believed to be heading to the Caribbean on a yacht he recently purchased.
While this case may be an extreme example, it shows how wanting not to give up a child or even a desire to take revenge on a spouse who was given custody can quickly escalate into a serious crime with federal authorities involved. Remember, you don't have to be on your way to the South Seas on a yacht: if the child is taken anywhere without telling the other spouse, it can be considered kidnapping.
It may be hard for some to come to grips with the fact that things have changed in a family to the extent that even during divorce proceedings, parents can no longer go wherever and whenever they want with their children.
But remembering the serious consequences of what happens when these steps to protect the interest of both parents as well as the child are violated could be crucial.
