Parental Abduction Of A Child

The abduction of a child by a parent is a very emotional situation for all concerned. The child is abruptly taken from a familiar environment and placed into an unstable situation. Often, in an effort to keep them undetected, the children are moved frequently from place to place, never setting down roots. Enrollment in school is usually sporadic, at best, since the child can be traced through school records. Routine medical treatment is oftentimes neglected. The child is the one who suffers as a result of the abducting parents' action - regardless of the initial intentions.

Also, the parent left behind has to deal with the emotional trauma and the legal issues. This parent must file missing persons reports, hire an attorney, obtain court orders (if not already on file), and decide on prosecuting the abducting parent. They may feel the abducting parent has forced them into making hard decisions. They may encounter feelings of guilt and helplessness. This parent must also deal with the day-to-day uncertainty of not knowing if, or when, their child will be found, and in what shape they will be in when found.

Finally, there is the abducting parent. What motivates a parent to abscond with their child varies from case to case. Sometimes it is the result of mental illness, or fear, or anger, or abuse. No matter what the initial motivation, this parent faces felony criminal charges and likely imprisonment. The effort to avoid capture is also a way to avoid the emotional hardships that they will go through if captured, even if the motivation to escape was valid. People can at times feel helpless, but there are remedies for most injustices that do not include criminal actions.

WHAT TO DO IF YOUR CHILD IS ABDUCTED

  • Check with all relatives and friends in an effort to locate the parent. Keep a record of who you spoke to and what they told you, as well as the date and time. Try to determine if the parent has moved or left his job.
  • File a missing persons report. This information you provide should be as accurate and complete as possible. The Sheriff's Office then enters this report into the Florida Crime Information Computer (FCIC) and the National Crime Information Computer (NCIC). An “Amber Alert” is issued statewide, and the report is forwarded to the Missing Persons Unit for additional follow-up and investigation. This report should include:
  • Names, addresses and telephone numbers of all relatives and friends of the abducting parent, along with a list of where they may go for assistance.
  • A complete description of the child and abducting parent, along with photographs and a vehicle description (including tag number).
  • Copies of all court orders or custody agreements.
  • Flag the child's birth certificate through the Office of Vital Statistics. (This record is often needed to enroll a child in school or to obtain a passport.) This should be done even if the child is pre-school age.
  • Flag the child's school records with the School Board and request that you and the Sheriff's Office be notified if a records transfer is requested.
  • Flag the child's medical and dental records through the providers so that you and law enforcement will be notified if an inquiry is made. If possible, attempt to flag the abducting parents' records also.
  • Call the abducting parent's last known employer and ask them to notify you or law enforcement if a work reference check is requested.
  • It may be necessary for you to obtain a court order authorizing law enforcement officers to take the child into custody. Without this order, law enforcement has no authority to take the child. Additional legal action may be necessary if the child is found outside the State of Florida. Your attorney can prepare these documents and have them signed by a judge. Check with the Missing Persons investigator to see if additional court orders are needed.
  • You may also want to notify additional supporting agencies to request their assistance. Some of these agencies are:
  • National Center for Missing and Exploited Children 1-800-843-5678. You should file a report with this agency. They can also provide you with literature you may find helpful, such as "Parental Kidnapping" (a handbook for parents) and "Just In Case" (Guidelines on using the Federal Parent Locator Service).
  • Missing Children Information Clearinghouse (MCIC) thru the Florida Department of Law Enforcement. 1-904-488-5224.

When you file the Missing Persons Report, you will be asked if you wish to prosecute the abducting parent. This decision needs to be made very carefully. What you decide can determine how involved law enforcement agencies will become in pursuing this investigation. A sworn statement containing the information about the abduction will be obtained from you. If criminal prosecution is pursued, the investigator may decide to request a warrant for the arrest of the abducting parent. This warrant will result in the parent being entered into the Florida Crime Information Computer (FCIC) and the National Crime Information Computer (NCIC).

Your assistance is vital to a successful investigation. While you are notifying agencies and obtaining court documents, the investigator goes through specific steps to successfully pursue criminal charges. Working as a team is important and will ensure an even flow in communication.
F.A.Q.
    Coming Soon
Have a question?
Fill out the form below and we will answer
Name: (required)
Email: (required)
Question: (required)
Spam Prevention: Is fire cold or hot?

By submitting information using this form you understand that an attorney-client relationship does not presently exist, whatever information you provide at this time may not be confidential.