The act of taking an individual without their consent is a criminal offense called kidnapping. In Washington State, there is a separate kidnapping charge for parental kidnapping.
Parental kidnapping is defined as the unlawful act of taking a minor or dependent adult without the consent of their parent or legal guardian. Kidnapping is a criminal offense that is generally defined as the unlawful confinement of an individual against their will that involves either comealing or moving the individual in a hidden, secret, or unknown location.
A kidnapper may be someone that the victim knows, such as a relative or close family friend or they may be a complete stranger. Parental kidnapping, also called parent child abduction, is a criminal offense that falls into the category of kidnapping and, therefore, requires many of the same elements of proof.
As implied by the title, the main difference between kidnapping and parental kidnapping is that the parental kidnapping occurs when a parent abducts their child without the consent of the other parent in violation of an applicable child custody order. It is important to note that if the parent who abducts the child still has custodial rights over that child or if there is not a child custody order in place, the conduct will not likely constitute parental kidnapping.
However, the factors may vary from state to state. Washington State has a separate kidnapping charge specifically for parental kidnapping.
In this state, parental kidnapping is defined as the unlawful act of taking a minor or a dependent adult without the consent of their parent or legal guardian. It is important to note that there is a difference between a custody order, which determines which parent will have actual custody of the child and a parenting plan, which governs visitation issues.
It is important for the parents to have a court-approved custody order in place so that if one parent violates the order, legal action can be taken. If an individual has been accused of parent child abduction, they should consult with a lawyer as soon as possible to determine whether or not they can be charged with the crime.
What Are Some Examples of Parental Kidnapping?
One of the determining factors in a parental abduction case is whether or not the abducting parent had custodial rights over the child pursuant to a valid child custody order. Suppose, for example, a child custody order provides that Parent Y has no custody or visitation rights with the child during their summer vacation.
Despite this, Parent Y asks Parent Z if they would allow the child to go with them for a one week vacation because they found a great deal on a normally expensive reservation. If Parent Z does not provide their permission to Parent Y, then Parent Y is not allowed to take the child on the vacation.
If Parent Y ignores this and takes the child on vacation in the middle of the night anyway, they could be charged with parent child abduction. In contrast, suppose that the parents of a child are no longer together but they did not obtain a formal child custody order from a court.
In that example, Parent Y would not likely be arrested and charged with parental abduction. Without any formal court order outlining each parent’s custodial rights related to the child, both of the parents would have equal parental and custodial rights over the child.
In addition, another factor that a court may take into consideration prior to making a decision is whether the parent who took the child is their biological parent. In other words, the legal status of the individual accused of abduction would matter to the court.
For example, if parents raise a child together but only one of them is the child’s biological parent, the biological parent cannot be convicted of parental kidnapping. This is due to the fact that the child lawfully belongs to the biological parent due to parental rights.
What Does Custodial Interference Mean in Washington State?
In Washington State, parental kidnapping is called custodial interference. There are two degrees of custodial interference in Washington State.
First degree custodial interference occurs when an individual intends to deny access to a minor child or a dependent adult when they do not have a lawful right to have physical custody of the child or dependent adult. First degree custodial interference is a felony that is punishable by up to five years in prison.
What Is Custodial Interference in the Second Degree?
In Washington State, second degree custodial interference occurs when an individual intentionally denies a legal parent or guardian their lawful right to have physical custody of the minor child or dependent adult.
Under What Circumstances Can I Be Charged with Second Degree Custodial Interference?
In Washington State, a parent of a child may be charged with custodial interference when:
- The individual takes, retains, entices, detains, or conceals the child with the intent to deny the parent or guardian their lawful access;
- A court finds the offending parent engaged in a repeated violations of court-ordered residential provisions; or
- The parent has not complied with the specific residential provisions outlined in a court-ordered parenting plan after a finding of contempt.
What Is the Penalty for Second Degree Custodial Interference in Washington State?
A defendant who is charged with second degree custodial interference in Washington State will be charged with a gross misdemeanor. A defendant convicted of this offense may face up to 364 days in jail, criminal fines of up to $5,000, or a combination of both.
This is less severe of a punishment that the defendant would face if they were charged with first degree custodial interference. This offense is classified as a class C felony under Washington State laws.
This means that, if a defendant is convicted of this offense, they may face up to five years in prison, criminal fines of up to $10,000, or a combination of both.
Are There Any Defenses to Parental Kidnapping?
The outcome of a parental abduction case will typically depend upon the facts of the case and the laws of the state. Therefore, the defenses that can be raised to the charge will also vary according to those factors.
Potential defenses that may be raised to a parental abduction charge include:
- The abducting parent had lawful custody over the child, such as when there was no child custody order in place or the parent was not in violation of a child custody order;
- The abducting parent left with the child in order to protect the child from recurring episodes of abuse or domestic violence;
- The abducting parent already had physical custody of the child before a child custody order was issued; and
- The abducting parent was not able to return the child to the other parent within the time frame prescribed by the child custody because of circumstances that were beyond their control.
Should I Contact a Lawyer About My Child Kidnapping Charge?
If you have been charged with parental kidnapping in Washington State, it is essential to consult with a Washington child visitation lawyer. A conviction on your criminal record, especially if the charge is a felony, may result in consequences for many areas of your life, including your education, your right to custody and visitation, and the ability to obtain employment.
If you have any questions or concerns about child visitation in Washington State, you should consult with a lawyer before taking any action you believe may be questionable. Your lawyer will be able to advise you of the laws in Washington State and help you avoid a potential charge of parental child abduction.
If you do not currently have a formal, court-ordered child custody order, your attorney can assist you with obtaining one to protect your interests as well as those of your child. Your attorney can also help negotiate an agreement for custody and visitation that works for you and your child’s other parent.
