If you think you can just call the police if your husband or the father of your child kidnaps the child, think again. They will help you if you have been to court already and have a court order awarding you parenting time and/or custody. If you do not have a custody order, you are up the creek so to speak, and you should read this article now.
Parents all over the world have become worried about parental kidnapping after stories in the media of parents' taking children overseas to countries that have not signed on to the Hague Convention, which requires countries to cooperate in returning kidnapped children to their parents.
Almost a century ago, the country was riveted by the Lindbergh kidnapping. After that, Congress passed a law that made the kidnapping of children a federal offense when they were taken across state lines. The law presumed, however, that parents could not kidnap their own children. It took the states to pass independent state laws to cure this loophole. Those laws are known as parental kidnapping statutes, and virtually every state now has a form of parental kidnapping statute, which characterizes this conduct as felonious.
The problem, however, is that Michigan's parental kidnapping statute contains the following provision at MCLA 750.350a(1):
An adoptive or natural parent of a child shall not take that child, or retain that child for more than 24 hours, with the intent to detain or conceal the child from any other parent or legal guardian of the child who has custody or parenting time rights pursuant to a lawful court order at the time of the taking or retention, or from the person or persons who have adopted the child, or from any other person having lawful charge of the child at the time of the taking or retention.
If there is no court order in place, then there is no parental kidnapping. Further, if parties are married, there is no way to get a court order regarding custody without filing for divorce, which is a major decision. If parties were never married, on the other hand, a parent can file an action under the Child Custody Act and request a custody order.
When considering whether it is "time" to approach the court for judicial relief, a parent must consider whether there is a chance of parental kidnapping. If so, then the parent should obtain a custody order. If the kidnapping occurs, then, law enforcement will put out an alert and state authorities can enlist the aid of the FBI and federal law enforcement officials if the child has been removed from the state. If the child ends up in a country that has agreed to be bound by the Hague Convention, the United States government may become involved in securing the return of the child.
It may never seem like the right time to rock the boat and get a court order, especially if there do not seem to be any problems. If you are happily married, and things are great, then it does not make sense to file for divorce just so that you will have a court order regarding custody. If, on the other hand, there are problems developing between you and the child's father and he has threatened abduction or is from another country, you should immediately consult with a family law attorney to determine whether it is time to get that order.
