Is it Possible For a Parent to Abduct Their Own Child in Illinois?

 Posted on May 25, 2021 in Family Law

Some of the most heated disputes during an Illinois divorce are those that deal with issues concerning the children. In some cases, a parent may use the child as a way to hurt or “get back” at the other parent for whatever reason. In other cases, a parent may just be so worried about the outcome of the allocation of parenting time and parental responsibilities that they decide to take the child without the permission of the other parent before they lose them. If you believe that your child has been abducted or is at risk of being abducted by their other parent, you should speak to an Illinois family law attorney to discuss your options.

Defining Child Abduction

It can be frustrating when your child’s other parent is late to drop off the child or does not exercise their visitation rights consistently. However, in some cases, a parent may act much more irresponsibly than inconsistent drop-offs. In some cases, a parent may go so far as to even abduct the child from their other parent. In the legal context, child abduction is a rather specific act that comes with serious consequences.

According to Illinois law, child abduction occurs when a person:

• Intentionally violates an existing court order that allocates parenting time, child custody, and/or visitation by concealing the child or removing the child from the court’s jurisdiction

• Intentionally violates any court order that prohibits them from committing child abduction

• Is the child’s putative father and intentionally conceals or removes the child without the consent of the child’s mother or legal custodian when paternity has not been legally established or custody orders have not been made

• Intentionally conceals or removes a child after they have been served a petition for divorce, but before the court has entered temporary or permanent custody orders

• Resides outside of Illinois and fails or refuses to return the child after their period of visitation has ended

• Is or was the spouse of the child’s other parent and conceals the child for more than 15 days from the other parent without attempting to notify the other parent of where the child is

• Is or was the spouse of the child’s other parent and conceals or removes the child with force or threat of physical force

• Knowingly conceals the child in exchange for payment from a person who has no legal custody rights to the child

• Lures or attempts to lure a child who is traveling to and from certain places, such as from a vehicle to a school

Requesting an Order of Protection

If you believe your child is at risk of being abducted, you can ask the judge to issue an order of protection against the other parent. An order of protection is a court order that the other parent would be required to adhere to. Some of the most common terms of orders of protection include leaving the family home in the sole possession of the custodial parent, forbidding a parent to conceal or remove their child from the other parent, and requiring the other parent to pay child support.

Contact a Wheaton, IL Family Law Attorney

It can be an extremely stressful and scary experience if your child has been abducted by their other parent. If you suspect that your ex is concealing your child from you or has taken your child to a different state or country, you should immediately contact the team at Goostree Law Group. Our skilled DuPage County family law lawyers are here to help you understand all of the options available to you, as well as get your child safely back into your arms. To schedule a free consultation, call our office today at 630-364-4046.

Sources:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K10-5

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000