Kansas Parental Kidnapping

There are a number of things that an abduction prevention order can do, including:

• setting up travel restrictions that require the other parent to give you a travel itinerary, list of addresses and phone numbers to where your child will be staying, and copies of all travel documents, such as airline tickets;
• prohibiting the other parent from removing your child from the state or the country without first getting permission from the court or your written consent;
• requiring the other parent to register the order in another state before taking your child into that state;
• requiring the surrender of your child’s passport to your attorney or the judge;
• limiting the other parent’s visitation or requiring that it be supervised until the judge thinks that there is no longer a threat of kidnapping; or
• creating any other restriction or requirement that the judge thinks will help decrease the risk of kidnapping.¹

Note: Remember that an abduction prevention order does not guarantee your child’s safety and should be used together with other safety measures. For help in creating a safety plan, you may want to talk to an advocate at a local domestic violence organization. Please see KS Advocates and Shelters to find one in your area.

¹ Kan. Stat. § 23-3808(d)

A judge will grant an abduction prevention order when s/he thinks that there is a credible risk that the other parent will kidnap your child. When deciding whether this risk exists, the judge must consider any evidence of whether the other parent:

• kidnapped, tried to kidnap, or threatened to kidnap the child before;
• started doing things that seem as though s/he is preparing to kidnap the child, such as quitting his/her job, selling his/her house, applying for a passport or visa, trying to get your child’s birth certificate, etc.;
• committed domestic violence, stalking, child abuse, or child neglect;
• violated any custody order;
• does not have strong ties to Kansas or to the United States;
• has strong ties to another state or country;
• is likely to take your child to a country that is not part of the Hague Convention or that is part of the Convention but is noncompliant or does not have the ability to immediately or effectively issue an order returning the child;
• is likely to take your child to a country whose laws will make it easy for the other parent to:
  • cut off contact between you and your child;
  • restrict you from going to see your child;
  • prohibit your child from leaving; or
  • endanger your child’s physical or emotional health based on human rights violations committed there;
• is likely to take your child to a country that is considered a sponsor of terrorism, does not have an official United States diplomatic presence, or is involved in a war, including civil conflicts;
• is currently changing his/her immigration or citizenship status that would hurt the other parent’s ability to stay in the United States legally;
• had an application for United States citizenship denied;
• lied on documents, in applications, or to United States officials in an attempt to get a passport, visa, or other government-issued identification cards;
• has used more than one name to try and mislead officials; or
• did anything else that the judge thinks is risky behavior.¹

¹ Kan. Stat. § 23-3807