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Preventing Child Abduction And Kidnapping By A Parent

7/27/2012

3 Comments

 
For many people going through a divorce or separation, it is a concern that the other parent may take the kids out of the state without permission. Even more alarming is the possibility that they make take the children out of the country.

Believe it or not, it may be considered kidnapping when a parent takes a child out of the state without permission from a court, if there is a divorce or other legal proceeding taking place.

If you have these concerns, you may have legal options to provide safeguards against parental kidnapping. Unfortunately, many parents find themselves in exactly this position when families live near the state border (as many do in Durango), or when one parent is not a citizen of the United States.

In Colorado, the legislature recognized the difficult position that a parent faces when he or she believes the other parent is going to take the kids from Colorado without permission. To address this problem, a parent may seek an Abduction Prevention Order from the court.

If the court believes that your child may be abducted, it can make court orders to protect your child. The court has the power to protect your child from abduction and can order any of the following actions to prevent a kidnapping:
  • Restricting the child’s ability to travel;
  • Prohibiting the parent from taking the child outside Colorado or the U.S.;
  • Prohibiting the parent from taking the child from day care or school; and
  • Requiring that the child’s name be placed in the U.S. Department of State’s Child Passport Issuance Alert Program.

Although these are the major things that a parent can do with a Abduction Prevention Order, there are also many other options that may be available depending on your circumstances.

Although an Abduction Prevention Order may not prevent all child kidnappings, it is a great tool for a parent that believes his or her child may be taken out of the state or country without permission.

When a court enters orders against a parent, it sends a strong message that the minor child is to remain in the state of Colorado.

3 Comments
OFAC SDN List Removal link
9/2/2012 06:07:36 pm

After a long time I got something fresh and quality content on related topic. I searched a lot for the related material but got almost replica work. Keep it up! It is really very informative.

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Sonia
12/25/2012 12:38:55 pm

Thanks for this information. I may be calling, my exhusband took my daughter for his 7 days and come to find out he has her in Mexico and I had no idea she was going there for 2 days. I'm a nervous wreck and haven't been able to talk to her.

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jen smith
2/25/2015 10:19:32 pm

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    First Draft is a collaborative effort between Beth and Paul Padilla, both equity partners in the firm, and is intended to give you a brief overview of current legal topics and let you know what effects those issues may have in your life.

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