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:
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.
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.
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