Often batterers will resort to abducting the children once their ability to terrorize their victim has become limited. This tactic is used by batterers to retaliate against their victims for daring to have the courage to leave. My children were abducted by my ex-husband and taken to Canada. They were found and he was arrested a month later when he tried to come back into the united states. I thank God every day that my children are now safe and I pray that I will continue to be able to keep them safe. Many courts underestimate the danger of parental abduction and the devastation it causes. Because it is uncommon it may be up to you to educate your attorney, the judge and other court personnel about the warning signs and dangers of parental abduction. I will be provided several links to help you do this.
If you are thinking about running away with your children to escape your batterer, please think carefully. This is another side of the parental abduction coin. If there is no custody order in place and the court has no way of contacting you, your batterer may be able to obtain a custody order in your absence, followed by a warrant for your arrest for custodial interference. If you are hiding, you need to have an attorney that knows how to contact you and you need to immediately file for an emergency hearing for temporary custody. While many states allow escaping from imminent harm as a defence against criminal prosecution it can be difficult to prove that you are truly afraid. Additionally, if the right legal steps are not taken and you are caught, you children will likely go right into the hands of the batterer and you will be lucky if you get to see them at all. I don't want to be an alarmist, but I want any reader thinking about hiding with their children to understand the possible consequences. In most cases there are ways to both protect yourself and your children while following the law.
+If you must hide the best place to hide is often somewhere close. You can ask the court to keep your address secret and use a P.O. Box that someone else can check (if your batterer knows your P.O. Box he may be more than willing to wait and watch for you to come and get your mail). If you don't leave the area, have an attorney that can contact you, ask the court to keep your address secret and file for an emergency hearing the Judge is far less likely to misinterpret your actions as a vindictive attempt to keep the children from your ex and more likely to recognize that you are trying to protect yourself and your children. Contact your local police and let them know that you are having trouble with domestic violence and trying to keep away from your ex so that you can be safe. Give them both of your names and let them know that you are not asking that they do anything, but want to make them aware of the situation should a problem arise. Never invite your ex to where you are thinking you can talk things out and inform the police that he is not welcome and that you are afraid of violence should he come to your location. If he then contacts the police to make false reports or to ask them to accompany him to your home under the guise of obtaining property or the children the police will already be aware of the situation. Domestic Violence shelters are one resource to find people familiar with your local laws. I will be providing links to help you understand how to find help without breaking the law.
Statistics
In most cases of reported parental abduction the children are quickly returned and the offending parent was simply trying to cause panic and worry. This includes the situations where a child is returned a few hours late to a few days late. Sometimes parental abduction is reported when the custodial parent does not make the child available for visitation. These types of situations can often be solved through mediation and court orders that are very specific on visitation times. While using the children to cause problems for the other parent is a serious matter, a parent taking off and hiding with children in violation of a court order is a far more serious and devastating situation. A parent who abducts their child in violation of a court order is rarely thinking of the child's best interests. The offending parent is often abusive and is willing to take whatever steps they deem necessary to punish their victim for thinking they have a right to leave the relationship. The children are in danger of emotional and physical harm.
Many studies have been done to identify those who are at a higher risk of parental abduction and to identify what steps can be taken to help protect the children. Be prepared to provide you attorney and the court with all the information available on parental abduction because many have never had to deal with such issues. Experts recommend that you focus on the risks of abduction, the difficulty in locating and retrieving abducted children, and the ways in which an abduction will harm the children. Over time I will be adding many valuable links. Much of the information is saved onto my computer so If you need more information faster than I can put it on this blog please contact me personally and I will do all I can to help you obtain the information you need. christinabloggs@gmail.com
ABA Center on Children and the Law The American Bar Association has several links to information on parental abduction. When you are reading about the risk factors keep in mind that it is not only foreign born individuals that will leave the country with their children in violation of court orders. My ex took our children to Canada.
http://www.ncjrs.gov/pdffiles1/ojjdp/186160.pdf this link is to a bulletin provided by the U.S. Department of Justice.
U.S. Department of State This is one of the most valuable links available. This page lists several links to information on parental abduction. You can also find valuable information on prevention.
