Child Abduction and Enforcement

Child abduction, often referred to as parental kidnapping, is a very serious and common issue throughout the U.S. In 2010, there were more than 200,000 child abduction incidents involving parents, according to Wikipedia. At Adams, Luka, & Benton, our Orlando child abduction attorneys are dedicated to helping our clients resolve these issues; we understand the concerns of parents when a child is removed from a parent without authorization. Whether you are a parent whose child or children have been taken out of the jurisdiction (although parental kidnapping can occur within a city or community), or a parent who has been accused of parental kidnapping but who did so unknowingly, we are here to help.

It may seem that a parent cannot "kidnap" or "abduct" his or her own child, but child abduction is an extremely serious issue often encountered in family law or divorce matters. When a parent takes a child out of the jurisdiction without permission or notice in order to deprive the other parent of his or her visitation or custody rights, it is illegal. However, when a parent takes a child because the other parent is abusive or neglectful, it may not be unlawful.

In Florida, there has been an increase in the number of child abduction cases due for the most part to changes to Florida Statute 61.13001. Unfortunately, parents neglect to obtain consent in writing before moving a child or children to another location, and commit parental kidnapping without even being aware of it. Regardless of whether you have unknowingly committed child abduction or your children have been illegally relocated by the other parent, we urge you to contact our Orange County child abduction attorneys now.

Under Florida Statute 61.45, a court-ordered parenting plan is violated when a parent removes the child/children from the jurisdiction or attempts to conceal the location of a child without permission. When the court feels there is a credible risk that one parent may attempt to remove the child from his/her jurisdiction, that parent may be ordered not to remove the child from the state or country without further court order, or notarized permission of both parents.

Enforcing a parental time-sharing plan ordered by the court sometimes takes further legal action. This is particularly true when a child has been taken to another state, as a Florida judge will not have jurisdiction over law enforcement officials in another state. The parent who is attempting to have the children picked up from their location must file a Motion for contempt of Court. In some situations, you may also have to obtain a pick-up Order to have the child or children picked up in another state, which typically requires the assistance of law enforcement officers in the state where the children are located.

As you can imagine, the process of enforcing the law in the case of child abduction is extremely complicated and stressful. This is why it is critical to obtain the services of a skilled family law attorney in Orlando to help guide you and provide the legal support you need to get results.

Child abduction and the enforcement of parental time-sharing or custody and visitation are serious issues often faced when parents divorce, or unmarried parents decide to go separate ways. At Adams, Luka, & Benton, our goal is to first and foremost protect the best interests of the children, and achieve the results our clients desire. We invite residents of Central Florida to contact our office today at 407-872-0303 or 352-357-4084.