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23Mar 2020

Can A Parent Kidnap Their Own Child?

This might sound like something that is not possible. Kidnapping your 
own child? But, yes, it actually is possible to kidnap your own child. 
The times when this can happen usually surround complicated custody 
battles. Often, a parent will become frustrated and simply either pick 
the child up from school or a friends' house or they will not return a 
child to the other parent when they are supposed to.

The court will generally look at two factors when determining if a 
parental kidnapping has taken place. They will look to see if there was 
a parenting plan in place that was violated or the will look to see if 
the parent left with the child without the consent of the other parent.

If a parent violates a custody order from the court, they can be held in 
contempt and it is up to the court to determine any consequences. No 
matter what reasoning a parent may use, parental kidnapping is illegal. 
If you live in Burlington, Essex, Colchester, Winooski, Williston, 
Shelburne or anywhere in the state of Vermont, and have been arrested or 
charged with DUI or any crime, call Handy Law for aggressive and 
experienced legal defense.