Is a parent ever justified in kidnapping his/her own child away from court ordered custodial parent?
We often hear about noncustodial parents who kidnap their own children. A case in the news recently involved a woman who kidnapped her own daughter from the custody of her millionaire ex-husband in Virginia and fled to Australia with her. She said her child's father was abusive and she dared not leave her little daughter with him. That was 20 years ago. Read about it by putting 'Dorothy Barnett Australia' in the Google search box.
Should the parent who kidnaps always be prosecuted to the extent of the law regardless of the circumstances either then or when apprehended if many years later?
I'd be lying if I said I hadn't thought about it myself, especially when the child's safety is in question and the proper authorities won't listen, but common sense always prevailed. The state takes kidnapping by non-custodial parents VERY seriously. If caught, the parent is likely to end up in prison, and likely to have few or no visitation rights when he or she gets out. That says that it's never justified because, inevitably, things don't turn out well -- and the main person who suffers is the child.
As for if it should be prosecuted to the fullest extent of the law...that's always a tough call. Sometimes it IS done in the child's best interests, and I suspect some of the tough sentences are to deter other non-custodial parents from thinking about it. How would someone prove one way or another? Sadly, it seems the only avenue is to keep pushing local authorities and gathering evidence on the potentially dangerous custodial parent until something happens through the proper channels. Child protective services, unfortunately, have a habit of not listening to a non-custodial parent, but it's the option that's available.
So -- is it ever justified? Undoubtedly. Is it the best route? No, even if others aren't working. Does it work out for the best? In 99.999% of the cases, no. Most end with the non-custodial parent losing the child and getting prison time, so if the custodial parent truly is dangerous then the child just lost his or her greatest protector and advocate.
Yes! A parent would not be justified legally, but, morally yes.
There was a case in Chicago that tell what can happen, when custody is given to the wrong parent.
In Chicago, a man was given custody of his son and the mother hired a good lawyer who got that overturned and the custody then given back to the mother. The mother then hanged the little boy the day she got him back.
I would say that as a parent, if I knew that my child was in danger from the parent who had been granted custody. Yes, absolutely it would be justified.
But if you did this you would need to have plenty of proof of the endangerment to the child's well being.
Try every other avenue first.
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