What kinds of questions are pertinent for officers considering criminal charges against a parent who has abducted his or her child?
What will be an ideal response?
For officers considering criminal charges against a parent who has abducted his or her child, several questions are pertinent:
• Is there sufficient documentation to demonstrate parentage and the individual's right
to physical custody or access?
• Can the suspectparent actually be identified as the abductor?
• A vacation or change of address is not necessarily illegal. Can it be clearly established that the intent of the move was to unlawfully deny access to the complainant?
• If removal from the state is an element of the offense, can it be proven that the child
has been physically taken across the state line?
• Can it be demonstrated that the suspectparent is responsible for the removal?
• Have mitigating factors (such as domestic violence and abuse) been evaluated that,
by statute, could undermine the filing of a charge?
• If an accomplice was involved, can it be proven that he or she had sufficient personal
knowledge of the legal custody issues to form criminal intent?
• If the accomplice was the abductor, can the suspectparent's complicity be
demonstrated? How can he or she be directly implicated?
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