| If you think you can just call the police | | | | time of the taking or retention, or from the person |
| if your husband or the father of your child kidnaps | | | | or persons who have adopted the child, or from any |
| the child, think again. They will help you if you have | | | | other person having lawful charge of the child at the |
| been to court already and have a court order | | | | time of the taking or retention. |
| awarding you parenting time and/or custody. If | | | | If there is no court order in place, |
| you do not have a custody order, you are up the | | | | then there is no parental kidnapping. Further, if |
| creek so to speak, and you should read this article | | | | parties are married, there is no way to get a court |
| now. | | | | order regarding custody without filing for divorce, |
| Parents all over the world have | | | | which is a major decision. If parties were never |
| become worried about parental kidnapping after | | | | married, on the other hand, a parent can file an |
| stories in the media of parents' taking children | | | | action under the Child Custody Act and request a |
| overseas to countries that have not signed on to the | | | | custody order. |
| Hague Convention, which requires countries to | | | | When considering whether it is |
| cooperate in returning kidnapped children to their | | | | "time" to approach the court for judicial relief, a |
| parents. | | | | parent must consider whether there is a chance of |
| Almost a century ago, the | | | | parental kidnapping. If so, then the parent should |
| country was riveted by the Lindbergh kidnapping. | | | | obtain a custody order. If the kidnapping occurs, |
| After that, Congress passed a law that made the | | | | then, law enforcement will put out an alert and state |
| kidnapping of children a federal offense when they | | | | authorities can enlist the aid of the FBI and federal |
| were taken across state lines. The law presumed, | | | | law enforcement officials if the child has been |
| however, that parents could not kidnap their own | | | | removed from the state. If the child ends up in a |
| children. It took the states to pass independent | | | | country that has agreed to be bound by the Hague |
| state laws to cure this loophole. Those laws are | | | | Convention, the United States government may |
| known as parental kidnapping statutes, and virtually | | | | become involved in securing the return of the child. |
| every state now has a form of parental kidnapping | | | | It may never seem like the right |
| statute, which characterizes this conduct as felonious. | | | | time to rock the boat and get a court order, |
| The problem, however, is that | | | | especially if there do not seem to be any problems. |
| Michigan's parental kidnapping statute contains the | | | | If you are happily married, and things are great, then |
| following provision at MCLA 750.350a(1): | | | | it does not make sense to file for divorce just so |
| An adoptive or natural parent of | | | | that you will have a court order regarding custody. |
| a child shall not take that child, or retain that child for | | | | If, on the other hand, there are problems developing |
| more than 24 hours, with the intent to detain or | | | | between you and the child's father and he has |
| conceal the child from any other parent or legal | | | | threatened abduction or is from another country, you |
| guardian of the child who has custody or parenting | | | | should immediately consult with a family law attorney |
| time rights pursuant to a lawful court order at the | | | | to determine whether it is time to get that order. |