Parental Kidnapping | Learn About Law

Halloween BL TV program is brought to you by O'Flaherty law please enjoy welcome to learn about law my name's kevin o Flaherty from O'Flaherty law and today we're gonna explain parental kidnapping and the parental kidnapping Prevention Act parental kidnapping is the concealment taking a retention of a child by his parent and violation of the rights of the other parent or another family member so when one parent decides to violate a custody order or custody agreement or refuses to return the child to their custodial parent the parental kidnapping Act comes into play it's a federal law so it applies to all states and the purpose of the parental kidnapping Prevention Act is to prevent a parent from crossing state lines with the child opening up a new custody case in a second state after a custody case has been opened in the first state and getting a conflicting custody order so basically taking the child away from the custodial parent that was giving custody according to a valid state order and then taking them to another state to get custody of them in the other state so basically one thing that the proventil the parental kidnapping Prevention Act excuse me provides is that there can only be one valid state jurisdiction of a particular custody case so you can't have multiple custody cases in multiple states going at one time you can transfer a custody case from one state to another and there's a procedure for doing so but you can't just open up a second custody case in a second state more importantly one of the things that it provides is that parents are prevented from taking a child across state lines in order to retain the child obtain custody of the child or deprive access of the child to the other parent in violation of an existing court order if they do this this is chargeable as a felony now there are some exceptions one exception is when the parent was acting in accordance with the court order so that's not really an exception it's just it doesn't apply if the parent has the legal right to take the child across state lines a true exception is when the parent is concealing or failing to return the child in order to protect them from physical harm so this is if the parent who has custody if there's reason to believe that the that parent will abuse or attack the child then if the parent can prove that that took the child across state lines to conceal them then that's an exception of the act finally if circumstances beyond the control of the parent that took the child across state lines and didn't return them in accordance with the court order if circumstances beyond their control caused them to not return them on time something like weather or a car breakdown then in that situation the act won't come into play either there's also emergency grounds for jurisdiction in a second state so even if one state is the home state of a child if a parent does take a child across state lines a second state can assert emergency jurisdiction as a refuge state it basically for the purpose of protecting the child from physical harm by the custodial parent and the home state so there are some exceptions to the parental kidnapping Prevention Act but the general rule is that it's intended to prevent one parent from taking the child across state lines to hide the child from the custodial parent or to get a different custody order entered if you have any questions you can leave them in the comment section below this post at learned - about - law comm or you can leave them below the video on our youtube station if you found this helpful please subscribe to us on youtube itunes and soundcloud and you'll be notified of our daily article and video posts if you need some help give us a call at six three zero three two four six six six six the six three zero three two four six six six six we offer free consultations in most areas of law and we have offices all around Chicago land for your convenience thank you so much for watching and listening thanks so much for watching our video if you have any questions feel free to comment below click the subscribe button for new videos every week and download and review us on iTunes visit learn - about - law comm for other legal related articles and videos visit our business podcast and video blog seizure business comm and visit making real estate fund for real estate videos and podcasts call us at six three zero three two four six six six six for a free consultation

Channel: Learn About Law

Views: 5,313

Keywords: what is parental kidnapping, parental kidnapping, kidnapping prevention, parental kidnapping prevention act, stopping parental kidnapping, parental kidnapping laws, how to stop parental kidnapping, how to fight a charge of parental kidnapping, what qualifies as parental kidnapping, child custody, breaking child custody, child custody laws, child custody law podcast, child custody videos, child custody podcast, child custody attorney, learn about law podcast, oflaherty law

Id: NNzcIyUtweY

Length: 4min 12sec (252 seconds)

Published: Mon Apr 01 2019