Kidnapping is the unlawful act of taking another individual without their consent either through fraud or force. Under Washington State parental rights laws and parental interference laws, there are separate categories for different types of kidnapping.
The body of law includes laws against parental kidnapping.
Child custody is a legal issue that typically arises during a legal separation or divorce case. Child custody decisions may be made between the parents or by the court.
The laws that govern child custody are based on the child’s best interest standard. In certain child custody cases, there may be issues involving parental kidnapping that arise.
Parental kidnapping cases involve the unlawful taking of a minor child without the consent of the other parent. This type of kidnapping may be perpetrated by either force or fraud.
In general, kidnapping is defined as the unlawful confinement of an individual against their will which involves either moving or concealing the individual in a hidden, secret, or unknown location. A kidnapper may be a complete stranger or someone that the individual knows, such as a family member or close family friend.
Parental kidnapping, or parental child abduction, is a criminal offense that falls in the category of kidnapping and, therefore, requires many of the same elements of proof. As the title implies, the major difference between kidnapping and parental kidnapping is that the criminal offense occurs when one of the parents abducts their child without the other parent’s consent in violation of a child custody order.
If the abducting parent has custodial rights over the child or if there is not a child custody order in place, it will most likely not constitute parental kidnapping. It is important to note that these factors may vary by state.
Therefore, if an individual has been accused of a parental child abduction, they should consult with a child custody lawyer to determine whether they can be charged with this crime.
In Washington State, parental kidnapping is defined as custodial interference in the first degree. This offense occurs when a child’s relative does any of the following with a child from their parent or legal guardian:
This offense also includes denying access to the minor child. To prove custodial interference occurred, it must be shown that the abducting parent:
As noted above, one of the factors in determining whether parental child abduction occurred is whether the abducting parent still held custodial rights over the child pursuant to a valid child custody order. For example, suppose that a child custody order shows that Parent X has no custody or visitation rights over their child during the child’s summer vacation.
Despite this, Parent X asks Parent Y if they can take the child on a one week vacation with them. If Parent Y declines to give their permission for Parent X to take the child on the trip, parent X will out be permitted to do so.
If Parent X ignores this denial and takes the child on vacation with them in the middle of the night, Parent X can be arrested and charged with parental child abduction. Suppose, on the other hand, that the parents were no longer a couple but they never obtained a formal child custody order from a court.
In that case, Parent X would likely not be arrested and charged with parental child abduction. Another factor that a court will take into consideration before making a decision is whether the individual who took the child is their biological parent or not.
For example, if a couple raises a child together but only one of the parents is a biological parent, that parent cannot be convicted of parental kidnapping. This is due to the fact that, because of parental rights, the child lawfully belongs to their biological parent.
No, a defendant does not have to be a parent to commit custodial interference. In Washington State, a relative is defined as a:
An individual may also be a relative:
In order to file a Washington State custodial interference report, an individual should call their local law enforcement agency. They can also go to their local police department to file a report.
Under Washington State custodial parent rights laws, custodial interference in the first degree is a class C felony. This means that, if an individual is convicted, the defendant may face up to five years in prison, a fine of up to $10,000, or both.
The outcome of a parental child abduction case will typically depend on the facts of each individual case and the laws of the state. Therefore, the defenses available to this offense will also vary in accordance with these factors.
Potential defenses to parental abduction charges include:
If you have any issues, questions, or concerns related to child visitation in Washington State, it is important to consult with a Washington child visitation lawyer. Your lawyer can advise you of the laws of the state and help you avoid any potential charges of parental child abduction.
If you do not have a child custody order from a court, your lawyer can help you obtain one to protect your interests as well as your child’s. Your lawyer can help you work with your child’s other parent to reach an agreement regarding custody and visitation that works for both of you.
If you have been accused of parental child abduction, it is essential to have an attorney on your case, as a felony conviction may affect much more than your criminal record. If you are convicted of a felony, you may face the loss of the right to vote, own a firearm, and obtain certain jobs.
16 people have successfully posted their cases
