In case of the separation between the spouses, both of the parents can take their child with them anywhere at any time. There is no any term which can be named as parental kidnapping unless specific custody orders are decreed from the court and the non-custodial parent take the child with him/her violating the court order. If you are the custodial parent and being worried about your child going with the other parent, then you must have the legal knowledge, and the Virginia laws regarding parental kidnapping and custodian interference.
According to Va Code § 18.2-47, “it is unlawful for any individual to intimidate or deceit by force and without legal excuse or justification and takes another person with an intention to deprive other person of the personal liberty to conceal him from any other specified individual, institution, or authority to his charge”.
This statue is articulated in case of the child no matter the intimidating person is a father, mother or any unjustified person. When a child is taken to any non-specified place, or removed from the jurisdiction of Virginia laws regarding parental kidnapping and custodian interference, the abducting person becomes a felony subjected to the parental kidnapping according to the Parental Kidnapping Prevention Act which is the credit clause of the US Constitution to state child custody determinations. However, Virginia court will not prosecute a parent who is legally justified regarding the custody of the child. This exempts the other parent who is not valid custodian of the child.
Custodian Interference
According to the Virginia laws regarding parental kidnapping and custodian interference, the custodian interference of a child occurs when the non-custodial parent tends to disrupts the custody rights of the other parent or take the child with him/her with illegal consents. There are some other aspects of custodian interference which are described below;
- Restricting the child from the scheduled visit to the other parent
- Limiting the child’s telephonic contact with the non-custodial parent
- Failing to accepting the timely basis orders of child return
- Meeting the child when the child is supposed to be with the other parent or when the meeting is not in knowledge of the custodial parent.
Virginia laws regarding parental kidnapping and custodian interference, recognizes a legal action for the custodial interference which is torturous for the other parent. The law states that “when a person or parent interferes with the other parent regarding the custodial orders, schedules or parental relationships with his/her minor child that can result in mental or physical damage or harm to the child or other parent, the cause-of-action against the party is affirmed to the contributing person”.
Moreover, the court stated about the Virginia laws regarding parental kidnapping and custodian interference that to conclude the legislature intended to punish the custodian interference parent or the kidnapping parent abducting during the pendency of the child custody process, to be crime of the lesser degree except of the same act committed when there are no court orders till the date about the child custody or the custody proceeding is being held in the court.
These laws are articulated when there is parental kidnapping or custodian interference in Virginia Laws through which you can case the file against the other parent of your child who is attempting parental kidnapping or the custodian interference.