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Child abduction, defined as the unlawful removal or retention of a child under the age of 16 by someone who does not have legal custody, represents a severe and traumatic violation of parental rights. This act is commonly committed by an unknown third party, a parent during a custody dispute, or a non-custodial parent.
Addressing child abduction requires the expertise of an experienced family law attorney who can help manage the legal complexities involved. This article discusses the most important laws you should know about child abduction, the immediate steps you should take, potential legal strategies, and how a lawyer can assist in these critical situations. By acquiring a better understanding of this process, parents can better navigate the legal system and work toward an efficient and safe recovery of their child.
Understanding Child Abduction in New Jersey
There are differences in how the law treats child abduction when a parent commits the abduction rather than a third party. When a child is abducted by a third party, law enforcement and other professionals will intervene immediately. However, parental abduction can require filings with a court before law enforcement gets involved.
There are several state and federal laws that dictate what happens in a case of parental abduction. The New Jersey Code of Criminal Justice Section 2C:13-1 defines kidnapping, including by a noncustodial parent. It allows for the defense that the child is in danger, but specifies that if this is the case, child services must be called within 24 hours of taking the child.
If the child is taken out of New Jersey by the noncustodial parent, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) requires law enforcement and courts in other states to honor New Jersey custody agreements. Under the UCCJEA, courts are prohibited from issuing conflicting custody agreements or enforcement orders. The originating state retains jurisdiction in these matters as long as the child, or at least one parent, resides in the state. However, it is important to note that not all states have adopted this law.
The Hague Convention on the Civil Aspects of Child Abduction is similar to the UCCJEA, but takes effect when the child is taken out of the country. The Hague Convention details guidelines for the return of children taken out of the country against custody orders. It also facilitates visitation across international borders.
Immediate Steps to Take if a Child Has Been Abducted
There are some immediate steps to take if one’s child has been abducted.
- Contact law enforcement and file a report. Law enforcement will only intervene if there is a custody order. If there is no custody order and one parent abducts the child, the other parent will have to file in court to have the child returned. An attorney can best assist in this process.
- Notify the National Center for Missing & Exploited Children. This organization widens the search beyond New Jersey, spreading alerts about the missing child across state lines.
- Preserve evidence and document details of the abduction. This might include video footage from surveillance cameras, phone records, and witnesses. For example, if the child was taken from school, interview the school administrators who let the child be taken by the other parent.
- Seek emergency legal help. An attorney can lessen the burden of a child abduction and ensure that the child is returned safely. They can also file motions in court to ensure the swift return of the child.
Legal Strategies and Actions in Child Abduction Cases
Appropriate legal strategies and actions in child abduction cases depend on the circumstances.
- If a custody order is in place, an attorney can file a Writ of Habeas Corpus to compel the return of the child.
- If there is not a custody order in place, the attorney can file for custody in family courts. The attorney can also work with family courts to modify custody arrangements.
- If the child is taken out of state, the attorney can utilize the UCCJEA to have the child returned.
- For international abduction cases, the attorney can utilize provisions of the Hague Convention.
Pursuing criminal charges against the abductor requires having filed a motion with a court to compel the return of the child. If the child is not returned, an attorney can then pursue criminal charges.
Resources and Support for Parents and Guardians
Here are some resources and support for parents and guardians going through child abduction.
Support Groups and Counseling Services:
- Team Hope at MissingChildren.org: This program offers peer-to-peer support from parents who have had their children abducted.
- Victim and Family Support: This is provided by the National Center for Missing and Exploited Children’s New Jersey office.
- Family Helpline: This is provided by Parents Anonymous of New Jersey and offers support groups for strengthening families and dealing with child custody matters.
National and Local Organizations Dedicated to Child Protection:
- The Committee for Missing Children: Works for the rights of missing children and their parents
- National Center for Missing and Exploited Children: Provides services after law enforcement is notified of a child abduction
- Child Find of America: Provides services to stop or prevent child abduction
- New Jersey Division of Child Protection and Permanency: Provides services and programs to ensure the safety of children
- Advocates for Children of New Jersey: Assists with programs and services for children being abused or neglected
Government Resources and Hotlines:
- New Jersey State Police: 609-882-2000
- National Center for Missing and Exploited Children: 1-800-843-5678
- Child Abuse and Neglect Hotline (New Jersey): 1-877-NJ ABUSE (1-877-652-2873)
You can also call your local law enforcement for assistance.
How a Lawyer Can Help in Child Abduction Cases
A lawyer can help in child abduction cases in many ways. First, they will provide immediate legal advice and guidance as to what their client should do next. The attorney will then assist with filing emergency motions for the return of the child. Court orders for the return of the child are the first step in being able to press charges for kidnapping.
If the child is not returned, the attorney can seek the safe return of the child through means, including coordinating with law enforcement and child protection agencies.
If a custody hearing is required, the attorney will represent their client and advise on protective orders and custody modifications. The attorney can also facilitate communication with international authorities if the child is taken abroad.
FAQs
The first thing you should do when your child has been abducted is call 911 to contact law enforcement. Your second call should be to the National Center for Missing and Exploited Children (1-800-843-5678). Finally, contact an attorney for assistance.
Legal actions begin with filing a Writ of Habeas Corpus with a court to demand the return of the child. You may also need to file a motion for custody modifications. If there is no custody agreement in place, you can file a motion for return of the child and temporary child custody. If the child is not returned after the court’s order, you can file charges for kidnapping against the abductor. An attorney is best able to assist you during this process.
Yes, you can pursue criminal charges against the abductor if they fail to respond to a court order to return the child. Charges may include kidnapping or parental kidnapping, depending on the circumstances.
The Hague Convention helps in international child abduction cases by requiring sister countries to uphold the custody orders issued in New Jersey. The Hague Convention requires law enforcement in other countries to work toward the return of the child.
The UCCJEA comes into play when a child is taken to another state. The role of this law is to require other states to honor custody orders issued in New Jersey. It also requires law enforcement in other states to work toward the return of the child.
During the court proceedings for a motion to have the child returned, you must show that the child is supposed to be in your custody. Court proceedings for criminal charges of child abduction allow for the prosecution and defense to make arguments and present evidence. There are some legal defenses to kidnapping that can be brought up by the defense, including that the child was in danger. However, there is a requirement that the abductor promptly contact the proper authorities for this defense.
The resources listed above in this article offer emotional support during this time. You might also want to consider a personal therapist or psychologist to address the emotional and psychological effects of child abduction. The Center for Missing and Exploited Children may be able to assist financially with the requirements to have a child returned.
Future abductions can be prevented by modifying custody orders to have sole custody with the non-offending parent. Visitation can be limited to a supervised basis to ensure the child cannot be abducted again. Providing copies of custody orders to school faculty, camp counselors, and others who supervise the child can also stop the other parent from taking the child from those locations.
Contact Rosenblum Law Today
After contacting authorities to alert them your child has been abducted, you will need the help of an experienced attorney. Legal representation is critical in child abduction cases. An attorney can file motions with the court for safe return of the child, and work with law enforcement in New Jersey, other states, or other countries.
Rosenblum Law attorneys have years of experience in child abduction cases, including using the Uniform Child Custody and Enforcement Act and the Hague Convention for the safe return of children regardless of where they have been taken. Contact us today for a consultation and immediate legal assistance.
Last updated: Oct 14, 2024
