Custody Laws – Violating the Custody Order Through Parental Kidnapping


If you are lucky to have your child back after he or she was kidnapped by your ex-spouse, you will now have to deal with another nightmare: the resulting trauma on your child.

The effects of parental kidnapping are emotionally, developmentally and psychologically devastating on children who in a moment were stolen away from their entire world of familiarity. Parents stealing children after a high conflict custody battle is not uncommon. Surprisingly more than 50 percent of these kidnappings take place during a scheduled visitation after which the child is not returned.

Taking a child away and concealing his or her location to the custodial parent in violation of a visitation order is a crime and a form of child abuse. Parental abduction has permanent ramifications in the victim’s life. The emotional effects on the abducted child can be as harmful as those of sexual abuse or neglect. After such an experience, children tend to be more timid, clingy, and relate poorly to others.

In her presentation to the United Nations Convention on Child Rights titled “Parental Child Abduction is Child Abuse”, Dr. Nancy Faulkner identified nine of the many harmful effects parental abduction can have on a child:

  • Reactive Attachment Disorder
  • Learned Helplessness
  • Fear and Phobias
  • Generalized Anxiety Disorder (GAD)
  • Guilt
  • Post Traumatic Stress Disorder (PTSD)
  • Parental Alienation
  • Separation Anxiety and Fear of Abandonment
  • Grief

If you have been in a prolonged and highly conflictive custody and visitation battle, you must rigorously adhere to the guidelines in the order. The same is applicable to your ex-spouse. He or she must abide to the time share percentages and visitation calendar conformed in the order. Many custodial parents are so drained after a custody dispute that they avoid having to go to court in order to enforce or modify the order. However, it is your obligation to watch over your child’s health, safety and welfare. A parent who regularly fails to comply with the visitation schedule or percentages of time share is not acting right. He or she is acting in contempt of the court. He or she is been disrespectful to you, to your child, and to our legal system. This parent is not a good role model for your child, and in fact, he or she might turn out to be a bad influence for your kid.

Repetitive violations to the custody and visitation order mean that you must go back to court to have the order enforced. The parent who regularly fails to comply with the visitation schedule is relating in an erratic and unhealthy manner with your child. This type of conduct should be addressed and penalized from the very start, in order to avoid a more serious violation, such as your child being kidnapped by your ex-spouse.

Find out about the custody laws that will impact your case, and learn how to get the custody order you want.

Article Source: http://EzineArticles.com/?expert=Caleb_Jonsun

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One thought on “Custody Laws – Violating the Custody Order Through Parental Kidnapping

  1. Domestic custody orders are violated all the time, the majority of this whether in the context of a localized or international proposition is a case of legal practices and for males a simple case of domestically enforced inequality based on cultural values, more importantly legal practices that provide income and employment for a large state sector. I have found not only are the tender years doctrine and gender bias reinforced by legal practitioners they are very much practiced wholesale to the detriment of voiceless children. The only all encompassing legal doctrine of the best interest in the children are general just orders issued by domestic courts which are about as worthless as toilet paper when they are contested by any party. The promise of the modern legal systems franchise to every state to provide a more uncomplicated system of divorce failed, they have not alleviated the trauma and impact of divorce but simply extended the devastation and length of individual case management and practices throughout many cultures. Only for the betterment of legal practitioners, primarily the state and the entourage that is employed because of it and more importantly to the financial detriment of society and the family that is made fragile by the process .

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