Steps to Take if You Fear Parental Kidnapping

Sometimes when a couple divorces or a divorce is on the horizon, one of the parents intends to run off with the couple's children. Whether this means moving to another state, or out of the country, this is a very real possibility that plagues families from every background and socioeconomic class.

Parental kidnapping is a complicated situation; if you are concerned that the other parent may abduct your child, you should immediately contact a Nassau County divorce attorney from Jason M. Barbara & Associates, P.C. to find out what you can do.

Can I do anything to prevent an abduction?

If you are able to convince the judge that the other parent intends to abduct your child, the court may take steps to help prevent this from happening. Here are a few options that may help:

  • If the other parent is in the process of fleeing the jurisdiction to kidnap your child in violation of a court order, you may be able to file a criminal complaint against him or her.
  • You may want to file for an emergency temporary restraining order from family court.
  • If the other parent is trying to take your child out of the country, ask the court to seize your child's passport so he or she cannot leave the country. This is vital because there is no way to track how a passport is used once it is issued.
  • If you are in the midst of seeking custody of your children, you can ask the judge to include a provision that says that the noncustodial parent cannot travel with your child outside of New York or the U.S. If you already have a custody order in place, you can ask the judge to amend it to include this provision.

If you are afraid that the other parent is intending to abduct your children, please contact our Nassau County divorce lawyer to schedule a free case evaluation with Attorney Jason M. Barbara.