Child Abduction Prevention Orders

Parental kidnapping is when one parent takes the children and refuses to return them.If one parent removes the child to a second or unknown location, in order to deny visitation of the other parent, even without a standing custody decision, it is considered parental kidnapping.

"'Abduction' is a legal fiction because a parent cannot 'abduct' their own child.As detailed above, a parent can legally abduct their own child. It is true that it is not an offence for a mother to remove a child from the country without the consent of a father without parental responsibility.

The first, and most common type of abduction, is family abduction. It is estimated that family abductions account for forty-nine percent of all abductions in the United States. In these types of cases, a child is most often abducted by a relative that they are close with.

If there is no custody order, both parents have an equal right to custody, and either can lawfully take physical possession of the child at any time. However, taking the child away without the other parent's consent can be held against you in court if that action was not reasonable.

Child abduction is when a person takes or sends a child under 16 out of the UK without the permission of those with Parental Responsibility or permission from the court. (For more information see our information page on Parental Responsibility.)

Parental child abduction is the hiding, taking, or keeping hold of a child by his/her parent while defying the rights of the child's other parent or another member of the family.

Surprisingly, the answer is yes. You can be guilty of kidnapping your own child. Parental kidnapping usually happens during a custody battle or combative divorce. One parent decides to take the child physically away without the permission of the court or the other parent.

"'Abduction' is a legal fiction because a parent cannot 'abduct' their own child.As detailed above, a parent can legally abduct their own child. It is true that it is not an offence for a mother to remove a child from the country without the consent of a father without parental responsibility.

Every year, situations of international parental kidnapping are reported in the United States. It is common for the removal of a child to occur during a heated or emotional marital dispute, in the early stages of separation or divorce, or in the waiting period for a court custody order or agreement.