Parental Kidnapping

If you are charged with custodial interference, you may want to contact a lawyer immediately who can advise you. You may have a legal defense if you can prove that you took the child in “good faith” while trying to protect the child from real and immediate (imminent) physical danger.  One way to prove that you acted in good faith could be to:

• file a petition with the Vermont court to change (modify) the custody order within three business days of taking the child away from the other parent; and
• documenting the danger to the child in that petition.¹

Note: This defense is not available if you leave the state with the child.¹

Proving this defense can be complicated - it is best to speak to a lawyer as soon as possible. Go to our VT Finding a Lawyer page for legal referrals.  If you are a victim of abuse, you can call the National Clearinghouse for the Defense of Battered Women for information and advice at 800-903-0111 x 3.
 
¹ VT ST 13 § 2451(c)