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How do courts determine if parental child abduction risks exist?

On Behalf of | Apr 3, 2024 | Custody |

Co-parenting can be easy for some divorced couples, especially if they are on good terms, allowing them to collaborate efficiently. Other times, the parents can have disputes or issues that may impact their ability to perform their responsibilities to their child. Specific scenarios can involve severe concerns that can put the child’s safety at risk, such as parental child abduction.

 If a parent involved in a child custody case or arrangement shows tendencies to flee abroad with the child, the court can take measures as prevention. However, these preventative practices may only happen by filing a petition, which could take time considering the case details. The court typically uses a set of facts and evidence to determine if flight risks do exist, including the following:

  • Incidents that involved abducting or threatening the child
  • Recent life adjustments that may imply plans to flee with the child, such as leaving a job, making unusual financial choices, and other activities
  • A history of violence or abuse directed at the child or the other parent
  • Unwillingness to accept child custody decisions and comply with finalized arrangements
  • Suspiciously weak ties in the state or country while having solid connections somewhere else, whether in other states or abroad

This information may not provide solid proof of intention to parental abduction. Still, it could be enough to raise concern, making it reasonable for the court to issue an abduction prevention order. Other measures can also apply, including enforcing travel restrictions and passport requirements.

Approaching child custody issues appropriately

Risks surrounding a co-parenting arrangement can be unavoidable. In these situations, the child’s welfare always comes first. When circumstances affect safety and security, seeking legal counsel might be essential, as it can help parents determine appropriate legal remedies.