Parental Kidnapping

If you have reason to believe that the other parent will move your children out of the state or country without your consent, you might be able to ask the judge to issue an emergency custody order. In this order, the judge might include various measures to ensure that the children are kept in the state. For example, the judge may:

• prohibit either parent from taking the children out of the state;
• grant you temporary custody; or
• place temporary restrictions on the other parent’s contact with the children.

If you believe that the other parent may try to hide your children from you, you could ask the judge to order him/her to deposit money with the court, which is called posting a bond. If your children were taken, the bond money could cover the costs of trying to find them and getting them back.

If you already have a custody order, you may be able to file to change (modify) the order to include any of the above protections.

Note: If the judge specifically orders that your child cannot leave the U.S., you can enroll in the federal government’s Prevent Abduction Program. This would create a “travel alert” to keep your child from boarding a flight.¹ You could also ask the court to hold your child’s passport. In some situations, the judge might agree to hold the other parent’s passport too. If your child does not have a passport yet, you may be able to register for the Children’s Passport Issuance Alert Program from the U.S. State Department.

You may want to talk to an attorney about your options. You can also go to our Custody section and choose your state to see if we have any more information.

¹ See the U.S. State Department website